[Federal Register Volume 69, Number 229 (Tuesday, November 30, 2004)]
[Proposed Rules]
[Pages 69567-69569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26400]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R05-OAR-2004-IN-0005; FRL-7838-2]


Approval and Promulgation of Air Implementation Plans; Indiana; 
Rules To Control Particulate Matter and Carbon Monoxide Emissions From 
Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve, through direct final 
procedure, a revision to a plan submitted by Indiana concerning 
emissions of carbon monoxide (CO) and particulate matter

[[Page 69568]]

(PM) from existing incinerators. The revision was submitted on October 
30, 2002, and on January 10, 2003, following required public process. 
The rules being amended and re-adopted apply to incinerators in the 
State for which there are no presently applicable Federal rules or 
guidelines.
    In the final rules section of this Federal Register, EPA is 
approving the changes to the State Implementation Plan (SIP) for CO and 
PM as a direct final rule without prior proposal because we view this 
action as noncontroversial and anticipate no adverse comments. If no 
written adverse comments are received in response to the direct final 
rule, no further activity is contemplated in relation to this proposed 
rule. If EPA receives meaningful written adverse comments, the direct 
final rule will be withdrawn and all public comments received will be 
addressed in a subsequent final rule based on this proposed rule. If no 
adverse written comments are received, the direct final rule will take 
effect on the date stated in that document and no further activity will 
be taken on this proposed rule. Any party interested in commenting on 
this action should do so within the timeframe noted below.

DATES: Comments on this action must be received by December 30, 2004.

ADDRESSES: Submit comments, identified by Regional Material in e-Docket 
(RME) ID No. R05-OAR-2004-IN-0005 by one of the following methods: 
Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the on-
line instructions for submitting comments. Agency Web site: http://docket.epa.gov/rmepub/index.jsp is EPA's electronic public docket and 
comment system. It is EPA's preferred method for receiving comments. 
Once in the system, select ``quick search'' then key in the 
instructions for submitting comments.
    E-mail: [email protected].
    Fax: (312) 886-5824.
    Mail: You may send written comments to: J. Elmer Bortzer, Chief, 
Air Programs Branch, (AR-18J), Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    Hand delivery: Deliver your comments to: J. Elmer Bortzer, Chief, 
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 
Region 5, 77 West Jackson Boulevard, 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-2004-IN-
0005. EPA's policy is that all comments received will be included in 
the public docket without change, including any personal information 
provided, 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 http://www.regulations.gov, or e-mail. The EPA RME Web site and the Federal 
http://www.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. For 
additional instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://www.epa.gov/rmepub/index.jsp. Although listed in 
the index, some information is not publicly available, i.e., any 
documents submitted for which the submittal claims be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Publicly available docket materials are 
available either electronically in RME or in hard copy at Environmental 
Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. (We recommend that you 
telephone John Paskevicz, Engineer, at (312) 886-6084 before visiting 
the Region 5 office.) This Facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: John Paskevicz, Engineer, Criteria 
Pollutant Section, Air Programs Branch (AR-18J), EPA Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8656. 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' are used we mean the EPA. The supplementary 
information is organized in the following order:

I. General Information
    A. Does this action apply to me?
    B. How can I get copies of this document and other related 
Information?
    C. How and to whom do I submit comments?

I. General Information

A. Does This Action Apply To Me?

    This action applies to particulate matter and carbon monoxide 
emission limitations for incinerators.

B. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an electronic public 
rulemaking file available for inspection at Regional Material in 
EDocket (RME) under RME ID No. R05-OAR-2004-IN-0005, and a hard copy 
file which is available for inspection at the Regional Office. The 
official public file consists of the documents specifically referenced 
in this action, any public comments received, and other information 
related to this action. Although a part of the official docket, the 
public rulemaking file does not include any document claimed by the 
submittal to be CBI or other information whose disclosure is restricted 
by statute. The official public rulemaking file is the collection of 
materials that is available for public viewing at the Air Programs 
Branch, Air and Radiation Division, EPA Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. EPA requests that if at all 
possible, you contact John Paskevicz in the FOR FURTHER INFORMATION 
CONTACT section, to schedule your inspection of the file. The Regional 
Office's official hours of business are Monday through Friday, 8:30 
a.m. to 4:30 p.m. excluding Federal holidays.
    2. Electronic Access. You may access this Federal Register document 
electronically through the regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the

[[Page 69569]]

Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material you claimed to be CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in the official 
public rulemaking file. The entire printed comment, including the 
copyrighted material, will be available at the Regional Office for 
public inspection.

C. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking Region 5 Air Docket ``R05-OAR-
2004-IN-0005'' in the subject line on the first page of your comment. 
Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA is not required to consider these late 
comments.

II. What Actions Are EPA Taking Today?

    The EPA is proposing to approve a revision to the Indiana SIP 
submitted by the State which continues to serve as a tool to reduce 
emissions of CO and PM from incinerators in the State in order for the 
State to continue to protect the health of the people of Indiana.
    1. Submitting CBI. Do not submit this information to EPA through 
RME, regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
vulgarity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

III. Additional Information

    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 John Paskevicz at 
(312) 886-6084 before visiting the Region 5 Office.)

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 3, 2004.
Norman Niedergang,
Acting Regional Administrator, Region 5.
[FR Doc. 04-26400 Filed 11-29-04; 8:45 am]
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