Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Proposed Rules 69567

List of Subjects in 33 CFR Part 330 

Administrative practice and 

procedure, Intergovernmental relations, 

Navigation (water), Water pollution 

control, Waterways.

Dated: November 23, 2004. 

Don T. Riley, 

Major General, U.S. Army, Director of Civil 

Works.

For the reasons stated in the 

preamble, the Corps proposes to amend 

33 CFR part 330 as follows:

PART 330—NATIONWIDE PERMIT 

PROGRAM 

1. The authority citation for part 330 

continues to read as follows:

Authority: 33 U.S.C. 401 et seq.; 33 U.S.C. 

1344; 33 U.S.C. 1413.

2. Amend § 330.1 by revising 

paragraph (e)(1) to read as follows:

§ 330.1 Purpose and policy.

* * * * *

(e) * * * (1) In most cases, permittees 

may proceed with activities authorized 

by NWPs without notifying the DE. 

However, the prospective permittee 

should carefully review the language of 

the NWP to ascertain whether he must 

notify the DE prior to commencing the 

authorized activity. For NWPs requiring 

advance notification, such notification 

must be made in writing as early as 

possible prior to commencing the 

proposed activity. The permittee may 

presume that his project qualifies for the 

NWP unless he is otherwise notified by 

the DE within a 45-day period. The 45-

day period starts on the date of receipt 

of the notification in the Corps district 

office and ends 45 calendar days later 

regardless of weekends or holidays. If 

the DE notifies the prospective 

permittee that the notification is 

incomplete, a new 45-day period will 

commence upon receipt of the revised 

notification. The prospective permittee 

may not proceed with the proposed 

activity before expiration of the 45-day 

period unless otherwise notified by the 

DE. If the DE fails to act within the 45-

day period, he must use the procedures 

of 33 CFR 330.5 in order to modify, 

suspend, or revoke the NWP 

authorization.

* * * * *

3. Amend § 330.4 by revising 

paragraphs (c)(6) and (d)(6) to read as 

follows:

§ 330.4 Conditions, limitations, and 

restrictions.

* * * * *

(c) * * * 

(6) In instances where a state has 

denied the 401 water quality 

certification for discharges under a 

particular NWP, permittees must 

furnish the DE with an individual 401 

water quality certification or a copy of 

the application to the state for such 

certification. For NWPs for which a state 

has denied the 401 water quality 

certification, the DE will determine a 

reasonable period of time after receipt of 

the request for an activity-specific 401 

water quality certification (generally 60 

days), upon the expiration of which the 

DE will presume state waiver of the 

certification for the individual activity 

covered by the NWPs. However, the DE 

and the state may negotiate for 

additional time for the 401 water quality 

certification, but in no event shall the 

period exceed one (1) year (see 33 CFR 

325.2(b)(1)(ii)). Upon receipt of an 

individual 401 water quality 

certification, or if the prospective 

permittee demonstrates to the DE state 

waiver of such certification, the 

proposed work can be authorized under 

the NWP. For NWPs requiring a 45-day 

pre-construction notification the district 

engineer will immediately begin, and 

complete, his review prior to the state 

action on the individual section 401 

water quality certification. If a state 

issues a conditioned individual 401 

water quality certification for an 

individual activity, the DE will include 

those conditions as activity-specific 

conditions of the NWP.

* * * * *

(d) * * * 

(6) In instances where a state has 

disagreed with the Corps consistency 

determination for activities under a 

particular NWP, permittees must 

furnish the DE with an individual 

consistency concurrence or a copy of 

the consistency certification provided to 

the state for concurrence. If a state fails 

to act on a permittee’s consistency 

certification within six months after 

receipt by the state, concurrence will be 

presumed. Upon receipt of an 

individual consistency concurrence or 

upon presumed consistency, the 

proposed work is authorized if it 

complies with all terms and conditions 

of the NWP. For NWPs requiring a 45-

day pre-construction notification the DE 

will immediately begin, and may 

complete, his review prior to the state 

action on the individual consistency 

certification. If a state indicates that 

individual conditions are necessary for 

consistency with the state’s Federallyapproved coastal management program 

for that individual activity, the DE will 

include those conditions as activityspecific conditions of the NWP unless 

he determines that such conditions do 

not comply with the provisions of 33 

CFR 325.4. In the latter case the DE will 

consider the conditioned concurrence as 

a non-concurrence unless the permittee 

chooses to comply voluntarily with all 

the conditions in the conditioned 

concurrence.

* * * * *

4. Amend § 330.6 by revising 

paragraph (a)(3)(ii) to read as follows:

§ 330.6 Authorization by nationwide 

permit. 

(a) * * * 

(3) * * * 

(ii) The DE’s response will state that 

the verification is valid for a specific 

period of time (generally until the 

expiration date of the NWP ) unless the 

NWP authorization is modified, 

suspended, or revoked. The response 

should also include a statement that the 

verification will remain valid for the 

specified period of time, if during that 

time period, the NWP authorization is 

reissued without modification or the 

activity complies with any subsequent 

modification of the NWP authorization. 

Furthermore, the response should 

include a statement that the provisions 

of § 330.6(b) will apply, if during that 

period of time, the NWP authorization 

expires, or is suspended or revoked, or 

is modified, such that the activity would 

no longer comply with the terms and 

conditions of an NWP. 

Finally, the response should include 

any known expiration date that would 

occur during the specified period of 

time. A period of time less than the 

amount of time remaining until the 

expiration date of the NWP may be used 

if deemed appropriate.

* * * * *

[FR Doc. 04–26263 Filed 11–29–04; 8:45 am] 

BILLING CODE 3710–92–P

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.

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 

69568 Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Proposed Rules 

(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 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.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

Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Proposed Rules 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] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 194 

[FRL–7844–4] 

Waste Characterization Program 

Documents Applicable to Transuranic 

Radioactive Waste From the Hanford 

Site for Disposal at the Waste Isolation 

Pilot Plant

AGENCY: Environmental Protection 

Agency.

ACTION: Notice of availability; opening 

of public comment period. 

SUMMARY: The Environmental Protection 

Agency (EPA, we or Agency) is 

announcing the availability of and 

soliciting public comment for 30 days 

on, Department of Energy (DOE) 

documents applicable to the 

characterization of transuranic (TRU) 

radioactive solid waste from the 

Plutonium Finishing Plant (PFP) at the 

Hanford site. The documents are 

available for review in the public 

dockets listed in SUPPLEMENTARY

INFORMATION. EPA is issuing this notice 

because the Agency must conduct an 

expedited review of one of the elements 

of Hanford’s waste characterization 

(WC) processes, known as acceptable 

knowledge (AK). In June 2003, EPA 

conducted an inspection at Hanford, 

pursuant to 40 CFR 194.8, to evaluate 

the WC processes used for 

characterizing PFP solid waste. 

However, at that time, EPA did not 

examine the AK process for the same 

waste. In August 2003, EPA approved 

all WC components except AK for 

characterizing the PFP solid waste and 

noted in the approval letter that the PFP 

solid waste may not be disposed of at 

the WIPP because EPA had not 

examined and approved the AK process. 

In the absence of the EPA approval of 

this waste, however, in July 2004, the 

Department of Energy (DOE) mistakenly 

certified this waste stream as eligible for 

disposal at WIPP. As a result, 600 drums 

of PFP solids were emplaced in the 

WIPP repository between July and 

September 2004. Early in September 

2004, the DOE discovered this error and 

immediately suspended the shipment of 

the PFP solids from Hanford. To meet 

the Agency’s regulatory obligations EPA 

must conduct an ‘‘after-the-fact’’ review 

of the AK process to determine 

adequacy of the AK documentation. 

Therefore, EPA will conduct an 

evaluation of AK documents and, as 

needed, telephone interviews with site 

personnel specific to the PFP solids to 

determine Hanford’s compliance with 

EPA’s WIPP compliance criteria and 

ensure that the emplacement of this 

waste has no adverse effect on WIPP’s 

performance. EPA’s evaluation may lead 

to an approval at which time the site 

could resume shipment of the PFP solid 

waste to WIPP for disposal. EPA does 

not believe that the PFP solid wastes 

improperly emplaced at WIPP constitute 

a threat to human health, to the 

environment or to the long-term 

performance of the WIPP repository. 

Based on this determination, the 

Hanford PFP solid waste may remain in 

WIPP while EPA undertakes a desk-top 

review of the AK information.