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                -                       the agency docket number / agency internal file number                    
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###### Environmental Protection Agency

          - 40 CFR Part 52
          - [R05-OAR-2004-IN-0005; FRL-7838-2]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Proposed rule.

# 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                               ( print 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 If EPA receives meaningful written adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule.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:                         *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), 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.                         *paskevicz.john@epa.gov.*

# 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                           ( print 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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