Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Rules and Regulations 69531

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not cause an environmental risk to 

health or risk to safety that might 

disproportionately affect children. No 

comments were received as a result of 

the NPRM, relative to protection of 

children and no changes to the 

proposed regulation were made. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. No 

comments were received as a result of 

the NPRM, relative to Indian tribal 

governments and no changes to the 

proposed regulation were made.

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. No 

comments were received as a result of 

the NPRM, relative to energy effects and 

no changes to the proposed regulation 

were made. 

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 concluded 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, this 

rule is categorically excluded, under 

figure 2–1, paragraph (32)(e), of the 

Instruction, from further environmental 

documentation. Paragraph (32)(e) 

excludes the promulgation of operating 

regulations or procedures for 

drawbridges from the environmental 

documentation requirements of NEPA. 

Since this proposed rule will alter the 

normal operating conditions of the 

drawbridges, it falls within this 

exclusion. A ‘‘Categorical Exclusion 

Determination’’ is available in the 

docket indicated under ADDRESSES. No 

comments were received as a result of 

the NPRM, relative to any 

environmental issues and no changes to 

the proposed regulation were made.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

■ For the reasons set out in the preamble, 

the Coast Guard amends 33 CFR Part 117 

as follows:

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS

■ 1. The authority citation for Part 117 

continues to read as follows:

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039.

■ 2. Section 117.684 is added to read as 

follows:

§ 117.684 Bayou Portage. 

The draw of the Henderson Avenue 

Bridge, mile 2.0, at Pass Christian, MS 

shall open on signal if at least two hours 

notice is given to the Harrison County 

Board of Supervisors.

Dated: November 10, 2004. 

J.W. Stark 

Acting Captain, U.S. Coast Guard, 

Commander, 8th Coast Guard Dist.

[FR Doc. 04–26338 Filed 11–29–04; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R05–OAR–2004–IN–0005; FRL–7838–3] 

Approval and Promulgation of State 

Implementation Plans; Indiana; Rules 

To Control Particulate Matter and 

Carbon Monoxide From Incinerators

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On October 30, 2002, and 

January 10, 2003, Indiana submitted a 

plan to EPA which contained revised 

and updated rules to control emissions 

of particulate matter (PM) from 

incinerators and carbon monoxide (CO) 

from incinerators and other industrial 

categories. The rule changes accomplish 

several objectives. First, they re-adopt 

useful elements of regulations which 

were scheduled to expire because of 

‘‘sunset requirements’’ under the 

Indiana Code. In addition, they 

incorporate by reference a number of 

applicable EPA rules affecting certain 

types of incineration units and clarify 

which limits pertain to other types of 

units. The revised requirements will 

apply to those incinerators in the State 

where Federal rules or guidelines do not 

apply. Finally, Indiana has eliminated 

references to language which is 

outdated and unclear. EPA is taking 

final action to approve this State plan 

revision.

DATES: This rule is effective January 31, 

2005, unless EPA receives relevant 

adverse written comments by December 

30, 2004. If EPA receives adverse 

comment, we will publish a timely 

withdrawal of the rule in the Federal 

Register and inform the public that the 

rule will not take effect.

ADDRESSES: Submit comments, 

identified by Regional Material in eDocket (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.jspal

Regional Material in e-Docket (RME), 

EPA’s electronic public docket and 

69532 Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Rules and Regulations 

comment system, 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: bortzer.jay@epa.gov.

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), 18th 

floor, 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 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. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of the related proposed rule which is 

published in the Proposed Rules section 

of this Federal Register. 

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., 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) 886–6084. 

paskevicz.john@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, the terms 

‘‘you’’ refer to the reader of this rule 

and/or to sources subject to the State 

rule, and the terms ‘‘we’’, ‘‘us’’, and 

‘‘our’’ refer to EPA.

Table of Contents 

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? 

II. What is EPA Approving in This Action? 

III. Summary of the State Submittal 

What information did Indiana submit to 

support the revision? 

Why did Indiana change these rules? 

What changes did Indiana make? 

What other changes did the Indiana plan 

revision include? 

What public review opportunities did 

Indiana provide? 

IV. EPA Review and Action 

Why is the Indiana plan revision 

approveable? 

What action is EPA taking? 

V. How Can I Get Copies of This Document 

and Other Related Information? 

VI. Statutory and Executive Order Reviews

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 material 

claimed by the submittal to be 

Confidential Business Information (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, 

listed 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 

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, 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 

Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Rules and Regulations 69533

1The Indiana rulemaking was required pursuant 

to Indiana Code (IC) 13–14–9.5, which provides for 

the expiration and readoption of administrative 

rules. A rule that was adopted under provision of 

IC 13 and was in effect on December 31, 1995, 

expires not later than January 1, 2002. All rules 

adopted after that date under IC 13–14–9, with 

some exception, expire on January 1 of the seventh 

year after the year in which each rule takes effect. 

Rules that incorporate a Federal regulation by 

reference are not subject to the readoption process.

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. 

For detailed instructions on 

submitting public comments and on 

what to consider as you prepare your 

comments see the ADDRESSES section 

and the section I General Information of 

the SUPPLEMENTARY INFORMATION section 

of the related proposed rule which is 

published in the Proposed Rules section 

of this Federal Register. 

II. What Is EPA Approving in This 

Action? 

We are approving revised rules 

submitted by the State of Indiana that 

control the emission of PM from 

incinerators, 326 Indiana 

Administrative Code (IAC) 4–2; and of 

CO emissions from incinerators and 

other industrial categories, 326 IAC 9–

1. The State’s rules are part of the 

Indiana plan which, when approved 

and implemented, will contribute to the 

continued attainment of the air quality 

standards for these two criteria 

pollutants. 

Rule 326 IAC 4–2 restricts the amount 

of PM allowed to be emitted for all 

incinerators, except those in residential 

units of four or fewer families and those 

incinerators identified in the 

‘‘Incorporation by Reference’’ (IBR) 

provisions. Rule 326 IAC 4–2–1 lists the 

applicable exceptions, including 

sources already subject to a number of 

Federal rules and federally-approved 

State rules which the State incorporates 

by reference. 

Rule 326 IAC 4–2–2 identifies 

requirements with which all other 

incinerators must comply. These 

include a requirement that all 

incinerators be maintained, operated, 

and burn waste in accordance with the 

manufacturer’s specifications or in 

accordance with an operation and 

maintenance plan, as specified in the 

rule. In addition, 326 IAC 4–2–2 

establishes an emission rate for sources 

with a solid waste charging capacity of 

less than 200 pounds per hour, and 

retains the emission rate for sources 

larger than 200 pounds per hour 

charging capacity. 

Rule 326 IAC 9–1 restricts the amount 

of CO allowed to be emitted from 

incinerators and several other industrial 

categories. Rule 326 IAC 9–1–1(a) 

contains the general applicability 

provisions, i.e., all stationary sources of 

CO emissions commencing operation 

after March 21, 1972 and for which an 

emission limit has been established in 

section 2 of the rule. Rule 326 IAC 9–

1–1(b) lists the applicable exceptions, 

including sources already subject to a 

certain Federal rules and federallyapproved State rules which the State 

incorporates by reference. 

Rule 326 IAC 9–1–2 specifies 

emission limits for sources of CO 

affected by this rule change. They 

include: Petroleum refineries, ferrous 

metal smelters and refuse incinerators 

and refuse burning equipment. All of 

these sources are required to control 

their CO emissions by incineration, in a 

CO boiler, a direct flame afterburner, a 

secondary chamber or a recuperative 

incinerator, as specified in the revised 

rule. The Indiana rule also provides 

alternatives to these control methods if 

the method proposed by a source is 

submitted as an amendment to the State 

implementation plan and approved by 

the EPA.

III. Summary of the State Submittal 

What Information Did Indiana Submit 

To Support the Revision? 

Indiana submitted material 

supporting this revision to the State 

implementation plan on two separate 

dates. The first was submitted by cover 

letter of October 30, 2002, and included 

notices of public hearings, publishers’

affidavits, transcripts of public hearings, 

and a letter requesting the plan revision. 

The document dated January 10, 2003, 

included both final rules 326 IAC 4–2, 

and 326 IAC 9–1, as LSA Document 

#00–44(F)(2) published in the Indiana 

Register on January 1, 2003, 26 Indiana 

Rule 1070. 

It should be noted that EPA originally 

approved PM rule 326 IAC 4–2 on June 

22, 1978 (43 FR 26722), as APC 7. In 

addition, EPA originally approved CO 

rule 326 IAC 9–1 on August 24, 1976 (41 

FR 35677), as APC 16. Both rules have 

been reissued on several occasions after 

being recodified, and are about to expire 

(sunset).1 Indiana identified these rules 

for re-adoption because there are 

sources in the State which should still 

be regulated by these rules.

In addition, the Indiana amended rule 

incorporates by reference applicable 

federal New Source Performance 

Standards at 40 CFR part 60; applicable 

State plans for designated facilities and 

pollutants at 40 CFR part 62; and 

applicable National Emission Standards 

for Hazardous Air Pollutants at 40 CFR 

parts 61 and 63. A more detailed list of 

these provisions is provided below. 

Indiana has also eliminated references 

to language which is outdated and 

unclear. For instance, 326 IAC 4–2 no 

longer refers to ‘‘hazardous materials, 

pathogenic bacteria, dangerous 

chemicals or gases, and noxious odors.’’

Why Did Indiana Change These Rules? 

The rulemaking action is required by 

Indiana Code (IC) 13, which regulates 

the expiration and re-adoption of 

administrative rules. For example, a rule 

that was adopted under provision of IC 

13 and was in force on December 31, 

1995, expired on January 1, 2002. The 

two rules addressed in this action are 

being revised and re-adopted in order to 

retain coverage of sources which would 

otherwise not be covered by any rule if 

the amended rules were to expire.

What Changes Did Indiana Make? 

Indiana requested approval of two 

amendments to the State rules 326 IAC 

4–2 and 326 IAC 9–1. The amendments 

in 326 IAC 4–2 change the language in 

the rules to require that incinerators 

operate and burn waste in accordance 

with the manufacturer’s specifications 

or with an operation and maintenance 

plan, as directed in the rule. PM limits 

remain the same as in the original rule, 

but are relocated within the rule to 

accommodate the new and added 

provisions. Indiana exempted from the 

rule incinerators that were subject to 

more stringent PM limits provided in 

listed Federal and federally-approved 

State rules. The revised rule outlines 

elements of an operation and 

maintenance plan and the 

responsibilities of the owner or operator 

with regard to communication with the 

Indiana Department of Environmental 

Management (IDEM) on matters of 

compliance with the rule. This rule 

revision does not change the provision 

which exempts residential units 

consisting of four or fewer families. 

The changes in 326 IAC 9–1 eliminate 

specific references, in the boiler or 

direct flame afterburner, to flame 

temperature and retention time in 

controlling emissions of CO. The rule 

change directs a source not to operate an 

incineration unit unless the waste gas 

stream is burned in a boiler, directflame afterburner, recuperative 

incinerator, or secondary chamber. This 

rule applies to grey iron cupolas, blast 

furnaces, basic oxygen steel furnaces, or 

other ferrous metal smelting equipment 

69534 Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Rules and Regulations 

having a capacity of ten tons per hour 

or more process weight. The rule also 

applies to sources of CO in petroleum 

refining operations where catalyst 

regeneration and petroleum fluid coking 

units (known as cokers) must be 

controlled by a device noted above. 

What Other Changes Did the Indiana 

Plan Revision Include? 

Indiana incorporated by reference a 

number of Federal and federallyapproved State rules into the State plan. 

Sources covered by the identified 

Federal rules are not subject to the 

revised State rules (326 IAC 4–2 and 326 

IAC 9–1). 

The regulations listed below have 

been incorporated by reference in 326 

IAC 4–2–1(b)(2). Sources covered by 

these rules are exempted by the Indiana 

amended PM rule: 

1. 40 CFR part 60, subpart Eb, Large 

Municipal Waste Combustors for which 

Construction Commenced after 

September 20, 1994. 

2. 40 CFR part 60, subpart Ec, 

Hospital/Medical/ Infectious Waste 

Incinerators for which Construction 

Commenced after June 20, 1996. 

3. 40 CFR part 60, subpart CCCC, 

Commercial and Industrial Solid Waste 

Incineration Units for Construction 

Commenced after November 30, 1999. 

4. The State Plan approved under 40 

CFR 62.3640 through 40 CFR 62.3642, 

Hospital/Medical/Infectious Waste 

Incinerators.

5. The State Plan approved under 40 

CFR 62.3650 through 40 CFR 62.3652, 

Large Municipal Waste Combustors. 

6. 40 CFR part 63, subpart EEE, 

Hazardous Waste Combustors. 

The regulations listed below have 

been incorporated by reference in 326 

IAC 9–1(b). Sources covered by these 

rules are exempted by the Indiana 

amended CO rule: 

1. 40 CFR part 60, Standards of 

Performance for New Stationary 

Sources. 

2. The State Plan approved under 40 

CFR part 62, subpart P, Approval and 

Promulgation of State Plans for Specific 

Sources and Facilities in Indiana. 

3. 40 CFR part 62, subpart FFF, 

Federal Plan Requirements for Large 

Municipal Waste Combustors 

Constructed on or before September 20, 

1994. 

4. 40 CFR part 62, subpart HHH, 

Federal Plan Requirements for Hospital/

Medical/Infectious Waste Incinerators 

Constructed on or before June 20, 1996. 

5. 40 CFR part 63, National Emission 

Standards for Hazardous Air Pollutants 

for Source Categories. 

What Public Review Opportunities Did 

Indiana Provide? 

Indiana published notices of these 

proposed rule revisions on March 1, 

2000, and May 1, 2000, giving first 

notice to the public of the intent to readopt rules 326 IAC 4–2 and 326 IAC 9–

1. Indiana announced a second notice of 

the comment period on October 1, 2000, 

and January 1, 2001. Indiana held 

public hearings on March 7, 2001, and 

August 7, 2002, following publication of 

notices in newspapers around the State. 

Indiana provided to EPA copies of the 

public record of these hearings as part 

of the submittal of the rule changes. 

EPA is satisfied that Indiana provided 

adequate opportunity for public review 

and comment on this rule revision. 

IV. EPA Review and Action 

Why Is the Indiana Plan Revision 

Approveable? 

EPA has reviewed the rule changes 

and found them to be approveable 

because they continue to provide for 

attainment and maintenance of the CO 

and PM air quality standards. This is 

consistent with section 110 of the Clean 

Air Act (CAA), which requires State 

plans to contain control measures to 

meet requirements of the CAA. 

What Action Is EPA Taking? 

In this direct final rule, EPA is 

approving the amended rules 326 IAC 

4–2, concerning PM, and 326 IAC 9–1, 

concerning CO, as submitted by Indiana 

on January 10, 2003. EPA is publishing 

this action without prior proposal 

because we view this as a 

noncontroversial revision to the State 

plan and we anticipate no adverse 

comment. However, in a separate 

document in this Federal Register

publication, EPA is proposing to 

approve the State’s revised plan in the 

event that adverse comments are filed. 

The action will be effective without 

further notice unless EPA receives 

relevant adverse written comment by 

December 30, 2004. Should EPA receive 

such comments, we will publish a final 

rule informing the public that this 

action will not take effect. Any citizens 

and/or the affected community 

interested in commenting on this action 

are asked to submit comments to the 

individual listed at the front of this 

action. If no comments are received, the 

public is advised that this action will be 

effective on January 31, 2005. 

V. 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 on RME and a 

hard copy file which is available for 

inspection at the Regional Office. EPA 

has established an official public 

rulemaking file for this action under 

RME ID No. R05–OAR–2004–IN–0005. 

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 Confidential 

Business Information (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 

this 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 

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, 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. 

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 in RME 

Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Rules and Regulations 69535

‘‘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. 

For detailed instructions on 

submitting public comments and on 

what to consider as you prepare your 

comments see the ADDRESSES section 

and the section I General Information of 

the SUPPLEMENTARY INFORMATION section 

of the related proposed rule which is 

published in the Proposed Rules section 

of this Federal Register. 

VI. Statutory and Executive Order 

Reviews 

Executive Order 12866; Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget.

Executive Order 13211 Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

For this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). 

Regulatory Flexibility Act 

This action merely approves State law 

as meeting Federal requirements and 

imposes no additional requirements 

beyond those imposed by State law. 

Accordingly, the Administrator certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

Unfunded Mandates Reform Act 

Because this rule approves preexisting requirements under State law 

and does not impose any additional 

enforceable duty beyond that required 

by State law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). 

Executive Order 13175 Consultation 

and Coordination With Indian Tribal 

Governments 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). 

Executive Order 13132 Federalism 

This action also does not have 

federalism implications because it does 

not have substantial direct effects on the 

States, on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a State rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. 

Executive Order 13045 Protection of 

Children From Environmental Health 

and Safety Risks 

This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

National Technology Transfer 

Advancement Act 

In reviewing plan submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a plan 

submission that otherwise satisfies the 

provisions of the Clean Air Act. Thus, 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 804 

exempts from section 801 the following 

types of rules: (1) Rules of particular 

applicability; (2) rules relating to agency 

management or personnel; (3) rules of 

agency organization, procedure, or 

practice that do not substantially affect 

the rights or obligations of non-agency 

parties. 5 U.S.C. 804(3). EPA is not 

required to submit a rule report 

regarding this action under section 801 

because this is a rule of particular 

applicability.

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by January 31, 2005. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).)

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Carbon monoxide, 

Reporting and recordkeeping 

requirements.

Dated: November 3, 2004. 

Norman Niedergang, 

Acting Regional Administrator, Region 5.

■ For the reasons stated in the preamble, 

part 52, chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows:

PART 52—[AMENDED]

■ 1. The authority citation for part 52 

continues to read as follows:

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

Subpart P—Indiana

■ 2. Section 52.770 is amended by 

adding paragraph (c)(161) to read as 

follows:

§ 52.770 Identification of plan.

* * * * *

(c) * * * 

(161) On October 30, 2002 and 

January 10, 2003, the Indiana 

Department of Environmental 

Management submitted revisions to 

Chapter 326 IAC 4–2 and 9–1 of the 

Indiana Administrative Code (IAC), an 

incineration plan for selected sources in 

69536 Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Rules and Regulations 

Indiana, with a request that the Indiana 

State Implementation Plan be revised to 

include these amended carbon 

monoxide and particulate matter rules. 

(i) Incorporation by reference. 

(A) Indiana rule: 326 IAC 4–2–1 and 

326 IAC 4–2–2 (particulate matter), 

published at Indiana Register, January 1, 

2003, 26 IR 1070, with an effective date 

of December 15, 2002. 

(B) Indiana rule: 326 IAC 9–1–1 and 

326 IAC 9–1–2 (carbon monoxide), 

published at Indiana Register, January 1, 

2003, 26 IR 1072, with an effective date 

of December 15, 2002.

[FR Doc. 04–26401 Filed 11–29–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 403, 412, 413, 418, 460, 

480, 482, 483, 485, and 489 

[CMS–1428–N] 

RIN 0938–AM80 

Medicare Program; Changes to the 

Hospital Inpatient Prospective 

Payment Systems and Fiscal Year 2005 

Rates; Extension for the Hospital 

Applications To Receive Increases in 

Full Time Equivalent Resident Caps for 

Graduate Medical Education Payment

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS.

ACTION: Extension of application 

deadline. 

SUMMARY: This document extends the 

deadline for hospitals to submit 

applications to CMS in order to receive 

increases in full-time equivalent (FTE) 

resident caps for graduate medical 

education (GME) payment purposes 

under section 1886(h)(7)(B) of the Social 

Security Act, added by section 422 of 

the Medicare Prescription Drug, 

Improvement, and Modernization Act 

(MMA) of 2003.

DATES: The deadline for receipt of 

applications to receive increases in FTE 

resident caps for GME payments is 

extended to December 15, 2004.

FOR FURTHER INFORMATION CONTACT:

Heath Westcott, (410) 786–4515.

SUPPLEMENTARY INFORMATION: 

I. Background 

We published a final rule in the 

Federal Register (69 FR 48916) that 

revised the Medicare hospital inpatient 

prospective payments systems for 

operating and capital related costs to 

implement a number of changes made 

by the MMA. 

Section 422 of the MMA (Pub. L. 108–

173) provides for a reduction in the 

statutory resident caps under Medicare 

for certain hospitals and authorizes a 

‘‘redistribution’’ of those FTE resident 

slots to other hospitals. Qualifying 

hospitals that submit a timely 

application may receive up to 25 

additional FTE resident cap slots for 

direct GME and indirect medical 

education purposes. 

II. Provisions of the Notice 

In the Fiscal Year (FY) 2005 final rule 

(69 FR 49141 and 69 FR 49169), we 

stated that any hospital that wishes to 

receive an increase in its FTE resident 

cap(s) under section 1886(h)(7)(B) of the 

Social Security Act (the Act) must 

submit an application to the CMS 

Central Office and to the CMS Regional 

Office for the region in which the 

applicant hospital is located, and that 

the application must be received on or 

before December 1, 2004. In order to 

give hospitals more time to complete 

these applications, we are extending 

this deadline to December 15, 2004. 

Additional information regarding 

reductions and increases in hospitals’

FTE resident caps for purposes of direct 

and indirect GME payments under 

section 1886(h)(7) of the Act can be 

found in the August 11, 2004 Federal 

Register (69 FR 49112). 

III. Collection of Information 

Requirements 

This document does not impose 

information collection and 

recordkeeping requirements. 

Consequently, it need not be reviewed 

by the Office of Management and 

Budget under the authority of the 

Paperwork Reduction Act of 1995.

Authority: Section 1886(h)(7)(B) of the 

Social Security Act (42 U.S.C. 

1395ww(h)(7)(B)).

(Catalog of Federal Domestic Assistance 

Program No. 93.773 Medicare—Hospital 

Insurance Program)

Dated: November 18, 2004. 

Mark B. McClellan, 

Administrator, Centers for Medicare & 

Medicaid Services. 

Approved: November 23, 2004. 

Tommy G. Thompson, 

Secretary.

[FR Doc. 04–26356 Filed 11–24–04; 9:24 am] 

BILLING CODE 4120–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 224

[Docket No. 041102303–4303–01; I.D. 

101804A]

RIN 0648–AS76

Regulations Governing the Approach 

to North Atlantic Right Whales

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Final rule; technical 

amendment.

SUMMARY: NMFS issues a correcting 

amendment to clarify the regulations 

that prohibit approaches within 500 

yards (460 m) of North Atlantic right 

whales (right whales). The purpose of 

this action is to correct errors contained 

in the text of the regulation that 

inadvertently refers to regulations 

contained in the previous paragraph 

within 50 CFR part 224. These technical 

amendments will not change the 

regulations for approaching right whales 

found in § 224.103.

DATES: Effective November 30, 2004.

FOR FURTHER INFORMATION CONTACT:

Brian D. Hopper, NMFS, Northeast 

Region, 978–281–9328; Barb Zoodsma, 

NMFS, Southeast Region, 904–321–

2806; or Kristy Long, NMFS, Office of 

Protected Resources, 301–713–2322.

SUPPLEMENTARY INFORMATION:

Background

The interim final rule implementing 

approach limits for right whales was 

published on February 13, 1997 (62 FR 

6729), and codified at 50 CFR 222.32, 

subpart D of part 222. As part of an 

action taken to consolidate and 

reorganize existing NMFS regulations 

implementing the Endangered Species 

Act (ESA) pursuant to the President’s 

Regulatory Reinvention Initiative (RRI), 

subpart D was removed from part 222 

and relocated to part 224 (64 FR 14066, 

March 23, 1999). As a result of this 

reorganization, a new section was 

created in 50 CFR part 224 for the 

special prohibitions for endangered 

marine mammals, which included the 

regulations for approaching right and 

humpback whales.

Subsequent to the 1999 reorganization 

initiative, NMFS published a final rule 

to establish approach regulations for 

humpback whales within Alaskan 

waters (66 FR 29502, May 31, 2001). 

The final rule redesignated paragraphs