Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of Greene County and Jackson County 8-Hour Ozone Nonattainment Areas to Attainment for Ozone, 69130-69131 [05-22465]

Download as PDF 69130 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore we believe this rule should be categorically excluded, under figure 2–1, paragraph 34(g) from further environmental documentation. This temporary rule establishes a regulated navigation area and as such is covered by this paragraph. A final ‘‘Environmental Analysis Check List’’ and a final ‘‘Categorical Exclusion Determination’’ are available in the docket where indicated under ADDRESSES. Comments on this section VerDate Aug<31>2005 16:03 Nov 10, 2005 Jkt 208001 will be considered before we make the final decision on whether the rule should be categorically excluded from further environmental review. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: any additional instructions of the Ninth Coast Guard District Commander, or his designated representative. The Captain of the Port, Lake Michigan is a designated representative of the District Commander for the purposes of this rule. Dated: October 31, 2005. T.W. Sparks, Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District, Acting. [FR Doc. 05–22497 Filed 11–10–05; 8:45 am] BILLING CODE 4910–15–P PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.923 to read as follows: § 165.923 Regulated Navigation Area between mile markers 296.1 and 296.7 of the Chicago Sanitary and Ship Canal located near Romeoville, IL. (a) Location. The following is a Regulated Navigation Area: All waters of the Chicago Sanitary and Ship Canal, Romeoville, IL between the north side of Romeo Road Bridge Mile Marker 296.1, and the south side of the Aerial Pipeline Mile Marker 296.7. (b) Regulations. (1) The general regulations contained in 33 CFR 165.13 apply. (2) All vessels are prohibited from loitering in the regulated navigation area. (3) Vessels may enter the regulated navigation area for the sole purpose of transiting to the other side, and must maintain headway throughout the transit. (4) All personnel on open decks must wear a Coast Guard approved Type I personal flotation device while in the regulated navigation area. (5) Vessels may not moor or lay up on the right or left descending banks of the regulated navigation area. (6) Towboats may not make or break tows in the regulated navigation area. (7) Vessels may not pass (meet or overtake) in the regulated navigation area and must make a SECURITE call when approaching the barrier to announce intentions and work out passing arrangements on either side. (8) Commercial tows transiting the regulated navigation area must be made up with wire rope to ensure electrical connectivity between all segments of the tow. (c) Compliance. All persons and vessels shall comply with this rule and PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [R05–OAR–2005–IN–0009; FRL–7996–1] Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of Greene County and Jackson County 8Hour Ozone Nonattainment Areas to Attainment for Ozone Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to make determinations that the Greene County and Jackson County ozone nonattainment areas have attained the 8hour ozone National Ambient Air Quality Standard (NAAQS). These proposed determinations are based on three years of complete, quality-assured ambient air quality monitoring data for the 2002–2004 seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the areas. EPA is proposing to approve requests from the State of Indiana to redesignate the Greene County and Jackson County areas to attainment of the 8-hour ozone NAAQS. These requests were submitted by the Indiana Department of Environmental Management (IDEM) on July 15, 2005 and supplemented on September 6, 2005, September 7, 2005, October 6, 2005, and October 20, 2005. In proposing to approve these requests, EPA is also proposing to approve the State’s plans for maintaining the 8-hour ozone NAAQS through 2015 in these areas as a revision to the Indiana State Implementation Plan (SIP). EPA is also proposing to find adequate and approve the State’s 2015 Motor Vehicle Emission Budgets (MVEBs) for these areas. In the final rules section of this Federal Register, EPA is approving the SIP revisions as a direct final rule without prior proposal, because EPA E:\FR\FM\14NOP1.SGM 14NOP1 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules views these actions as noncontroversial and anticipates no adverse comments. A detailed rationale for the approvals is set forth in the direct final rule. If we do not receive any adverse comments in response to these direct final and proposed rules, we do not contemplate taking any further action in relation to these proposed rule. If EPA receives adverse comments with respect to an area addressed by these rules, we will publish a timely withdrawal of the action affecting that area, informing the public that the rule will not take effect with respect to that area. EPA will respond to the public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. DATES: Written comments must be received on or before December 14, 2005. Submit comments, identified by Regional Material in EDocket (RME) ID No. R05–OAR–2005– IN–0009, by one of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the on-line instructions for submitting comments. 2. Agency Web site: https:// docket.epa.gov/rmepub/. RME, EPA’s electronic public docket and comments system, is EPA’s preferred method for receiving comments. Once in the system, select ‘‘quick search,’’ then key in the appropriate RME Docket identification number. Follow the online instructions for submitting comments. 3. E-mail: mooney.john@epa.gov. 4. Fax: (312) 886–5824. 5. Mail: You may send written comments to: John M. Mooney, Chief, Criteria Pollutant Section, (AR–18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. 6. Hand delivery: Deliver your comments to: John M. Mooney, Chief, Criteria Pollutant Section, (AR–18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays. Instructions: Direct your comments to RME ID No. R05–OAR–2005-IN–0009. EPA’s policy is that all comments received will be included in the public docket without change, including any ADDRESSES: VerDate Aug<31>2005 16:03 Nov 10, 2005 Jkt 208001 personal information provided and may be made available online at https:// docket.epa.gov/rmepub/, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through RME, regulations.gov, or e-mail. The EPA RME Web site and the federal regulations.gov Web site are ‘‘anonymous access’’ systems, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through RME or regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the RME index at https://docket.epa.gov/rmepub/. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in RME or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. We recommend that you telephone Kathleen D’Agostino, Environmental Engineer, at (312) 886–1767 before visiting the Region 5 office. This Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Kathleen D’Agostino, Environmental Engineer, Criteria Pollutant Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–1767, dagostino.kathleen@epa.gov. PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 69131 SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. I. What Action Is EPA Taking? EPA is proposing to take several related actions. EPA is proposing to make determinations that the Greene County and Jackson County, Indiana nonattainment areas have attained the 8hour ozone standard and that Greene and Jackson Counties have met the requirements for redesignation under section 107(d)(3)(E). EPA is thus proposing to approve requests to change the legal designations of the Greene County and Jackson County areas from nonattainment to attainment for the 8hour ozone NAAQS. EPA is also proposing to approve Indiana’s maintenance plan SIP revisions for Greene and Jackson Counties (such approval being one of the Clean Air Act criteria for redesignation to attainment status). The maintenance plans are designed to keep Greene and Jackson Counties in attainment of the ozone NAAQS for the next 10 years. Additionally, EPA is announcing its action on the Adequacy Process for the newly-established 2015 MVEBs. The Adequacy comment periods for the 2015 MVEBs began on August 2, 2005, with EPA’s posting of the availability of these submittals on EPA’s Adequacy Web site (at https://www.epa.gov/otaq/transp/ conform/adequacy.htm). The Adequacy comment periods for these MVEBs ended on September, 1 2005. No requests for these submittals or adverse comments on these submittals were received during the Adequacy comment periods. Please see the Adequacy Section of this rulemaking for further explanation on this process. Therefore, we are finding adequate and approving the State’s 2015 MVEBs for transportation conformity purposes. II. Where Can I Find More Information About This Proposal and the Corresponding Direct Final Rule? For additional information, see the Direct Final Rule which is located in the Rules section of this Federal Register. Copies of the request and the EPA’s analysis are available electronically at RME or in hard copy at the above address. (Please telephone Kathleen D’Agostino at (312) 886–1767 before visiting the Region 5 Office.) Dated: November 1, 2005. Bharat Mathur, Acting Regional Administrator, Region 5. [FR Doc. 05–22465 Filed 11–10–05; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\14NOP1.SGM 14NOP1

Agencies

[Federal Register Volume 70, Number 218 (Monday, November 14, 2005)]
[Proposed Rules]
[Pages 69130-69131]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22465]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[R05-OAR-2005-IN-0009; FRL-7996-1]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Indiana; Redesignation of 
Greene County and Jackson County 8-Hour Ozone Nonattainment Areas to 
Attainment for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to make determinations that the Greene County 
and Jackson County ozone nonattainment areas have attained the 8-hour 
ozone National Ambient Air Quality Standard (NAAQS). These proposed 
determinations are based on three years of complete, quality-assured 
ambient air quality monitoring data for the 2002-2004 seasons that 
demonstrate that the 8-hour ozone NAAQS has been attained in the areas.
    EPA is proposing to approve requests from the State of Indiana to 
redesignate the Greene County and Jackson County areas to attainment of 
the 8-hour ozone NAAQS. These requests were submitted by the Indiana 
Department of Environmental Management (IDEM) on July 15, 2005 and 
supplemented on September 6, 2005, September 7, 2005, October 6, 2005, 
and October 20, 2005. In proposing to approve these requests, EPA is 
also proposing to approve the State's plans for maintaining the 8-hour 
ozone NAAQS through 2015 in these areas as a revision to the Indiana 
State Implementation Plan (SIP). EPA is also proposing to find adequate 
and approve the State's 2015 Motor Vehicle Emission Budgets (MVEBs) for 
these areas.
    In the final rules section of this Federal Register, EPA is 
approving the SIP revisions as a direct final rule without prior 
proposal, because EPA

[[Page 69131]]

views these actions as noncontroversial and anticipates no adverse 
comments. A detailed rationale for the approvals is set forth in the 
direct final rule. If we do not receive any adverse comments in 
response to these direct final and proposed rules, we do not 
contemplate taking any further action in relation to these proposed 
rule. If EPA receives adverse comments with respect to an area 
addressed by these rules, we will publish a timely withdrawal of the 
action affecting that area, informing the public that the rule will not 
take effect with respect to that area. EPA will respond to the public 
comments in a subsequent final rule based on this proposed rule. EPA 
will not institute a second comment period on this action. Any parties 
interested in commenting on this action should do so at this time.

DATES: Written comments must be received on or before December 14, 
2005.

ADDRESSES: Submit comments, identified by Regional Material in EDocket 
(RME) ID No. R05-OAR-2005-IN-0009, by one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: https://docket.epa.gov/rmepub/. RME, EPA's 
electronic public docket and comments system, is EPA's preferred method 
for receiving comments. Once in the system, select ``quick search,'' 
then key in the appropriate RME Docket identification number. Follow 
the on-line instructions for submitting comments.
    3. E-mail: mooney.john@epa.gov.
    4. Fax: (312) 886-5824.
    5. Mail: You may send written comments to: John M. Mooney, Chief, 
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    6. Hand delivery: Deliver your comments to: John M. Mooney, Chief, 
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, 
Illinois 60604. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. 
excluding Federal holidays.
    Instructions: Direct your comments to RME ID No. R05-OAR-2005-IN-
0009. EPA's policy is that all comments received will be included in 
the public docket without change, including any personal information 
provided and may be made available online at https://docket.epa.gov/rmepub/, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov, 
or e-mail. The EPA RME Web site and the federal regulations.gov Web 
site are ``anonymous access'' systems, which means EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at https://docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in RME 
or in hard copy at the Environmental Protection Agency, Region 5, Air 
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 
60604. We recommend that you telephone Kathleen D'Agostino, 
Environmental Engineer, at (312) 886-1767 before visiting the Region 5 
office. This Facility is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-1767, 
dagostino.kathleen@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. What Action Is EPA Taking?

    EPA is proposing to take several related actions. EPA is proposing 
to make determinations that the Greene County and Jackson County, 
Indiana nonattainment areas have attained the 8-hour ozone standard and 
that Greene and Jackson Counties have met the requirements for 
redesignation under section 107(d)(3)(E). EPA is thus proposing to 
approve requests to change the legal designations of the Greene County 
and Jackson County areas from nonattainment to attainment for the 8-
hour ozone NAAQS. EPA is also proposing to approve Indiana's 
maintenance plan SIP revisions for Greene and Jackson Counties (such 
approval being one of the Clean Air Act criteria for redesignation to 
attainment status). The maintenance plans are designed to keep Greene 
and Jackson Counties in attainment of the ozone NAAQS for the next 10 
years. Additionally, EPA is announcing its action on the Adequacy 
Process for the newly-established 2015 MVEBs. The Adequacy comment 
periods for the 2015 MVEBs began on August 2, 2005, with EPA's posting 
of the availability of these submittals on EPA's Adequacy Web site (at 
https://www.epa.gov/otaq/transp/conform/adequacy.htm). The Adequacy 
comment periods for these MVEBs ended on September, 1 2005. No requests 
for these submittals or adverse comments on these submittals were 
received during the Adequacy comment periods. Please see the Adequacy 
Section of this rulemaking for further explanation on this process. 
Therefore, we are finding adequate and approving the State's 2015 MVEBs 
for transportation conformity purposes.

II. Where Can I Find More Information About This Proposal and the 
Corresponding Direct Final Rule?

    For additional information, see the Direct Final Rule which is 
located in the Rules section of this Federal Register. Copies of the 
request and the EPA's analysis are available electronically at RME or 
in hard copy at the above address. (Please telephone Kathleen 
D'Agostino at (312) 886-1767 before visiting the Region 5 Office.)

    Dated: November 1, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 05-22465 Filed 11-10-05; 8:45 am]
BILLING CODE 6560-50-P
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