Determination of Attainment, Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of Delaware County to Attainment of the 8-Hour Ozone Standard, 69488-69489 [05-22695]

Download as PDF 69488 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules 2. Section 16.97 is amended by adding paragraphs (p) and (q) to read as follows: § 16.97 Exemption of Bureau of Prisons Systems—limited access. * * * * * (p) The following system of records is exempt from 5 U.S.C. 552a (c)(3) and (4), (d)(1)–(4), (e)(2) and (3), (e)(5), and (g): Inmate Electronic Message Record System (JUSTICE /BOP–013). (q) These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2) and/or (k)(2). Where compliance would not appear to interfere with or adversely affect the law enforcement process, and/or where it may be appropriate to permit individuals to contest the accuracy of the information collected, the applicable exemption may be waived, either partially or totally, by the BOP. Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) to the extent that this system of records is exempt from subsection (d), and for such reasons as those cited for subsection (d) in paragraph (q)(3) below. (2) From subsection (c)(4) to the extent that exemption from subsection (d) makes this exemption inapplicable. (3) From the access provisions of subsection (d) because exemption from this subsection is essential to prevent access of information by record subjects that may invade third party privacy; frustrate the investigative process; jeopardize the legitimate correctional interests of safety, security and good order to prison facilities; or otherwise compromise, impede, or interfere with BOP or other law enforcement agency activities. (4) From the amendment provisions of subsection (d) because amendment of the records may interfere with law enforcement operations and would impose an impossible administrative burden by requiring that, in addition to efforts to ensure accuracy so as to withstand possible judicial scrutiny, it would require that law enforcement information be continuously reexamined, even where the information may have been collected from the record subject. Also, some of these records come from other Federal criminal justice agencies or State, local and foreign jurisdictions, or from Federal and State probation and judicial offices, and it is administratively impossible to ensure that records comply with this provision. VerDate Aug<31>2005 12:36 Nov 15, 2005 Jkt 208001 (5) From subsection (e)(2) because the nature of criminal and other investigative activities is such that vital information about an individual can be obtained from other persons who are familiar with such individual and his/ her activities. In such investigations it is not feasible to rely solely upon information furnished by the individual concerning his/her own activities since it may result in inaccurate information and compromise ongoing criminal investigations or correctional management decisions. (6) From subsection (e)(3) because in view of BOP’s operational responsibilities, application of this provision to the collection of information is inappropriate. Application of this provision could provide the subject with substantial information which may in fact impede the information gathering process or compromise ongoing criminal investigations or correctional management decisions. (7) From subsection (e)(5) because in the collection and maintenance of information for law enforcement purposes, it is impossible to determine in advance what information is accurate, relevant, timely and complete. Material which may seem unrelated, irrelevant or incomplete when collected may take on added meaning or significance at a later date or as an investigation progresses. Also, some of these records may come from other Federal, State, local and foreign law enforcement agencies, and from Federal and State probation and judicial offices and it is administratively impossible to ensure that the records comply with this provision. It would also require that law enforcement information be continuously reexamined even where the information may have been collected from the record subject. (8) From subsection(g) to the extent that this system is exempted from other provisions of the Act. Dated: November 7, 2005. Paul R. Corts, Assistant Attorney General for Administration. [FR Doc. 05–22642 Filed 11–15–05; 8:45 am] BILLING CODE 4410–05–P PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 ENVIRONMENTAL PROTECTION AGENCY 40 CFR PART 52 [R05–OAR–2005–IN–0008; FRL–7997–7] Determination of Attainment, Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of Delaware County to Attainment of the 8-Hour Ozone Standard Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to make a determination that the Delaware County ozone nonattainment area has attained the 8-hour ozone National Ambient Air Quality Standard (NAAQS). This proposed determination is based on three years of complete, quality-assured ambient air quality monitoring data for the period of 2002–2004 that demonstrate that the 8-hour ozone NAAQS has been attained in the area. EPA is proposing to approve a request from the State of Indiana to redesignate Delaware County to attainment of the 8hour ozone NAAQS. This request was submitted by the Indiana Department of Environmental Management (IDEM) on August 25, 2005. In proposing to approve this request, EPA is also proposing to approve the State’s plan for maintaining the 8-hour ozone NAAQS through 2015 in this area 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 this area. In the final rules section of this Federal Register, EPA is approving the State’s ozone redesignation request and the requested SIP revision as a direct final rule without prior proposal because EPA views this action as noncontroversial and anticipates no adverse comments. A detailed rationale for the approval 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 this proposed rule. If EPA receives adverse comments with respect to this rule, we will publish a timely withdrawal of the action, informing the public that the rule will not take effect. 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 E:\FR\FM\16NOP1.SGM 16NOP1 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules commenting on this action should do so at this time. DATES: Written comments must be received on or before December 16, 2005. Submit comments, identified by Regional Material in EDocket (RME) ID No. R05–OAR–2005– IN–0008, 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–0008. 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 ADDRESSES: VerDate Aug<31>2005 12:36 Nov 15, 2005 Jkt 208001 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 Edward Doty, Environmental Scientist, at (312) 886–6057 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: Edward Doty, Environmental Scientist, Criteria Pollutant Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6057, doty.edward@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 a determination that the Delaware County, Indiana nonattainment area has attained the 8-hour ozone standard and that Delaware County has met the requirements for redesignation under section 107(d)(3)(E) of the Clean Air Act. EPA is thus proposing to approve a request to change the legal designation of Delaware County from nonattainment to attainment for the 8-hour ozone NAAQS. EPA is also proposing to approve Indiana’s maintenance plan as PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 69489 a SIP revision for Delaware County (such approval being one of the Clean Air Act criteria for redesignation of an area to attainment status). The maintenance plan is designed to keep Delaware County 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 Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) MVEBs for this area. The Adequacy comment periods for the 2015 MVEBs began on August 2, 2005, with EPA’s posting of the availability of the State’s submittal on EPA’s Adequacy Web site at: https://www.epa.gov/otaq/ transp/conform/adequacy.htm. The Adequacy comment period for these MVEBs ended on September 1, 2005. No requests for this submittal or adverse comments on this submittal 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 VOC and NOX 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 Edward Doty at (312) 886–6057 before visiting the Region 5 Office.) Dated: November 9, 2005. Margaret Guerriero, Acting Regional Administrator, Region 5. [FR Doc. 05–22695 Filed 11–15–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [OPP–2005–0251; FRL–7741–6] Inert Ingredients; Proposal to Revoke 30 Pesticide Tolerance Exemptions for 28 Chemicals Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to revoke 30 exemptions from the requirement of a tolerance that are associated with 28 inert ingredients because these substances are no longer contained in active Federal Insecticide, Fungicide, E:\FR\FM\16NOP1.SGM 16NOP1

Agencies

[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Proposed Rules]
[Pages 69488-69489]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22695]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR PART 52

[R05-OAR-2005-IN-0008; FRL-7997-7]


Determination of Attainment, Approval and Promulgation of 
Implementation Plans and Designation of Areas for Air Quality Planning 
Purposes; Indiana; Redesignation of Delaware County to Attainment of 
the 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to make a determination that the Delaware 
County ozone nonattainment area has attained the 8-hour ozone National 
Ambient Air Quality Standard (NAAQS). This proposed determination is 
based on three years of complete, quality-assured ambient air quality 
monitoring data for the period of 2002-2004 that demonstrate that the 
8-hour ozone NAAQS has been attained in the area.
    EPA is proposing to approve a request from the State of Indiana to 
redesignate Delaware County to attainment of the 8-hour ozone NAAQS. 
This request was submitted by the Indiana Department of Environmental 
Management (IDEM) on August 25, 2005. In proposing to approve this 
request, EPA is also proposing to approve the State's plan for 
maintaining the 8-hour ozone NAAQS through 2015 in this area 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 this area.
    In the final rules section of this Federal Register, EPA is 
approving the State's ozone redesignation request and the requested SIP 
revision as a direct final rule without prior proposal because EPA 
views this action as non-controversial and anticipates no adverse 
comments. A detailed rationale for the approval 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 this proposed 
rule. If EPA receives adverse comments with respect to this rule, we 
will publish a timely withdrawal of the action, informing the public 
that the rule will not take effect. 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

[[Page 69489]]

commenting on this action should do so at this time.

DATES: Written comments must be received on or before December 16, 
2005.

ADDRESSES: Submit comments, identified by Regional Material in EDocket 
(RME) ID No. R05-OAR-2005-IN-0008, 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-
0008. 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 Edward Doty, Environmental 
Scientist, at (312) 886-6057 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: Edward Doty, Environmental Scientist, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6057, doty.edward@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 a determination that the Delaware County, Indiana nonattainment 
area has attained the 8-hour ozone standard and that Delaware County 
has met the requirements for redesignation under section 107(d)(3)(E) 
of the Clean Air Act. EPA is thus proposing to approve a request to 
change the legal designation of Delaware County from nonattainment to 
attainment for the 8-hour ozone NAAQS. EPA is also proposing to approve 
Indiana's maintenance plan as a SIP revision for Delaware County (such 
approval being one of the Clean Air Act criteria for redesignation of 
an area to attainment status). The maintenance plan is designed to keep 
Delaware County 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 Volatile Organic Compounds (VOC) and 
Nitrogen Oxides (NOX) MVEBs for this area. The Adequacy 
comment periods for the 2015 MVEBs began on August 2, 2005, with EPA's 
posting of the availability of the State's submittal on EPA's Adequacy 
Web site at: https://www.epa.gov/otaq/transp/conform/adequacy.htm. The 
Adequacy comment period for these MVEBs ended on September 1, 2005. No 
requests for this submittal or adverse comments on this submittal 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 VOC 
and NOX 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 Edward Doty at 
(312) 886-6057 before visiting the Region 5 Office.)

    Dated: November 9, 2005.
Margaret Guerriero,
Acting Regional Administrator, Region 5.
[FR Doc. 05-22695 Filed 11-15-05; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.