50192 Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations 

appeal to the Principal Officer’s 

cognizant Assistant Administrator. 

Recipients may appeal by submitting a 

written request to reconsider the 

Principal Officer’s waiver determination 

to the cognizant Assistant 

Administrator. 

(k) Non-retroactivity. Marking 

requirements apply to any obligation of 

USAID funds for new awards as of 

January 2, 2006. Marking requirements 

also will apply to new obligations under 

existing awards, such as incremental 

funding actions, as of January 2, 2006, 

when the total estimated cost of the 

existing award has been increased by 

USAID or the scope of work is changed 

to accommodate any costs associated 

with marking. In the event a waiver is 

rescinded, the marking requirements 

shall apply from the date forward that 

the waiver is rescinded. In the event of 

the rescinding of a waiver after the date 

of completion as defined in 22 CFR 

226.2 but before closeout as defined in 

22 CFR 226.2., the USAID mission or 

operating unit with initial responsibility 

to administer the marking requirements 

shall make a cost benefit analysis as to 

requiring USAID marking requirements 

after the date of completion of the 

affected programs, projects, activities, 

public communications or commodities. 

(l) The USAID Identity, USAID 

Partner Co-Branding Guide, and other 

guidance will be provided at no cost or 

fee to recipients of USAID grants, 

cooperative agreements or other 

assistance awards or subawards. 

Additional costs associated with 

marking requirements will be met by 

USAID if reasonable, allowable, and 

allocable under the cost principles of 

OMB Cost Circular A–122. The standard 

cost reimbursement provisions of the 

grant, cooperative agreement, other 

assistance award or subaward should be 

followed when applying for 

reimbursement of additional marking 

costs. 

(m) This section shall become 

effective on January 2, 2006. 

Dated: August 17, 2005. 

Frederick W. Schieck, 

Deputy USAID Administrator. 

[FR Doc. 05–16698 Filed 8–23–05; 1:48 pm] 

BILLING CODE 6116–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[TN–200524–FRL–7952–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Chattanooga, TN; Revised Format for 

Materials Being Incorporated by 

Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; Notice of 

administrative change. 

SUMMARY: EPA is revising the format of 

part 52 of Title 40 of the Code of Federal 

Regulations (40 CFR part 52) for 

materials submitted by Chattanooga, 

Tennessee that are incorporated by 

reference (IBR) into the State 

Implementation Plan (SIP). The 

regulations affected by this format 

change have all been previously 

submitted by the local agency and 

approved by EPA. 

This format revision will affect the 

‘‘Identification of Plan’’ sections of 40 

CFR part 52, by adding a table for the 

Chattanooga portion of the Tennessee 

SIP. This revision will also affect the 

format of the SIP materials that will be 

available for public inspection at the 

Office of the Federal Register (OFR), the 

Air and Radiation Docket and 

Information Center, and the Regional 

Office. 

DATES: This action is effective August 

26, 2005. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street, SW., Atlanta, GA 30303; the 

EPA, Air and Radiation Docket and 

Information Center, Air Docket (Mail 

Code 6102T), 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460, 

and the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Stacy DiFrank at the above Region 4 

address or at (404) 562–9042. 

SUPPLEMENTARY INFORMATION: Each state 

has a SIP containing the control 

measures and strategies used to attain 

and maintain the national ambient air 

quality standards (NAAQS). The SIP is 

extensive, containing such elements as 

air pollution control regulations, 

emission inventories, monitoring 

networks, attainment demonstrations, 

and enforcement mechanisms. 

Each state must formally adopt the 

control measures and strategies in the 

SIP after the public has had an 

opportunity to comment on them and 

then submit the SIP to EPA. Once these 

control measures and strategies are 

approved by EPA, after notice and 

comment, they are incorporated into the 

federally approved SIP and are 

identified in part 52 ‘‘Approval and 

Promulgation of Implementation Plans.’’ 

The full text of the state regulation 

approved by EPA is not reproduced in 

its entirety in 40 CFR part 52, but is 

‘‘incorporated by reference.’’ This 

means that EPA has approved a given 

state regulation with a specific effective 

date. The public is referred to the 

location of the full text version should 

they want to know which measures are 

contained in a given SIP. The 

information provided allows EPA and 

the public to monitor the extent to 

which a state implements a SIP to attain 

and maintain the NAAQS and to take 

enforcement action if necessary. 

The SIP is a living document which 

the state can revise as necessary to 

address the unique air pollution 

problems in the state. Therefore, EPA 

from time to time must take action on 

SIP revisions containing new and/or 

revised regulations as being part of the 

SIP. On May 22, 1997, (62 FR 27968), 

EPA revised the procedures for 

incorporating by reference (IBR), into 

the Code of Federal Regulations, 

materials submitted by states in their 

EPA-approved SIP revisions. These 

changes revised the format for the 

identification of the SIP in 40 CFR part 

52, streamlined the mechanisms for 

announcing EPA approval of revisions 

to a SIP, and streamlined the 

mechanisms for EPA’s updating of the 

IBR information contained for each SIP 

in 40 CFR part 52. Pursuant to these 

revised procedures, EPA is revising the 

format for identification of the 

Chattanooga portion of the Tennessee 

SIP, appearing in 40 CFR part 52. EPA 

has previously revised the format for the 

identification of the Tennessee SIP and 

the Memphis-Shelby County and Knox 

County portions of the SIP. 

EPA has determined that today’s 

action falls under the ‘‘good cause’’ 

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation, and APA section 

553(d)(3) which allows an agency to 

make an action effective immediately 

Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations 50193 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s administrative action 

simply codifies provisions which are 

already in effect as a matter of law in 

Federal and approved state programs. 

Under section 553 of the APA, an 

agency may find good cause where 

procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment for this 

administrative action is ‘‘unnecessary’’ 

and ‘‘contrary to the public interest’’ 

since the codification only reflects 

existing law. Immediate notice of this 

action in the Federal Register benefits 

the public by providing the public 

notice of the Chattanooga portion of the 

Tennessee SIP in Tennessee’s 

‘‘Identification of Plan’’ portion of 40 

CFR part 52. 

Statutory and Executive Order Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this 

administrative action is not a 

‘‘significant regulatory action’’ and is 

therefore not subject to review by the 

Office of Management and Budget. This 

action is not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

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

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. Because the Agency has made a 

‘‘good cause’’ finding that this action is 

not subject to notice-and-comment 

requirements under the APA or any 

other statute as indicated in the 

SUPPLEMENTARY INFORMATION section 

above, it is not subject to the regulatory 

flexibility provisions of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.,) or 

to sections 202 and 205 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(Pub. L. 104–4). In addition, this action 

does not significantly or uniquely affect 

small governments or impose a 

significant intergovernmental mandate, 

as described in sections 203 and 204 of 

UMRA. This administrative action also 

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, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), nor will 

it 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 administrative 

action also is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997), because it is not economically 

significant. This administrative action 

does not involve technical standards; 

thus the requirements of section 12(d) of 

the National Technology Transfer and 

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

272) do not apply. This administrative 

action also does not involve special 

consideration of environmental justice 

related issues as required by Executive 

Order 12898 (59 FR 7629, February 16, 

1994). This administrative action does 

not impose an information collection 

burden under the Paperwork Reduction 

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

EPA’s compliance with these Statutes 

and Executive Orders for the underlying 

rules are discussed in previous actions 

taken on Chattanooga, Tennessee’s 

rules. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act (CRA) 

(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 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. Today’s administrative action 

simply codifies provisions which are 

already in effect as a matter of law in 

Federal and approved State programs. 5 

U.S.C. 808(2). These announced actions 

were effective when EPA approved 

them through previous rulemaking 

actions. EPA will submit a report 

containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of this action 

in the Federal Register. This revision to 

Chattanooga’s portion of the Tennessee 

SIP in the ‘‘Identification of Plan’’ 

section of 40 CFR part 52 is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

EPA has also determined that the 

provisions of section 307(b)(1) of the 

Clean Air Act pertaining to petitions for 

judicial review are not applicable to this 

action. This action is simply an 

announcement of prior rulemakings that 

have previously undergone notice-andcomment rulemaking. Prior EPA 

rulemaking actions for each individual 

component of the Chattanooga portion 

of the Tennessee SIP previously 

afforded interested parties the 

opportunity to file a petition for judicial 

review in the United States Court of 

Appeals for the appropriate circuit 

within 60 days of such rulemaking 

action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 4, 2005. 

J.I. Palmer, Jr., 

Regional Administrator, Region 4. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority for citation for part 52 

continues to read as follows: 

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

Subpart RR—Chattanooga, Tennessee 

■ 2. Section 52.2220 is amended as 

follows: 

■ a. By revising paragraph (b); and 

■ b. adding table 4 in paragraph (c) for 

Chattanooga, ‘‘EPA Approved 

Chattanooga Regulations’’. 

§ 52.2220 Identification of plan. 

* * * * * 

(b) Incorporation by reference. 

(1) Material listed in paragraph (c) of 

this section with an EPA approval date 

prior to December 1, 1998, for 

Tennessee (Table 1 of the Tennessee 

State Implementation Plan), January 1, 

2003 for Memphis Shelby County (Table 

2 of the Memphis Shelby County 

portion of the Tennessee State 

Implementation Plan), March 1, 2005, 

for Knox County (Table 3 of the Knox 

County portion of the Tennessee State 

Implementation Plan), and April 1, 

2005, for Chattanooga (Table 4 of the 

Chattanooga portion of the Tennessee 

State Implementation Plan) and 

paragraph (d) of this section with an 

EPA approval date prior to December 1, 

1998 was approved for incorporation by 

reference by the Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Material is 

incorporated as it exists on the date of 

the approval, and notice of any change 

in the material will be published in the 

Federal Register. Entries in paragraph 

50194 Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations 

(c) of this section with EPA approval 

dates after December 1, 1998, for 

Tennessee (Table 1 of the Tennessee 

State Implementation Plan), January 1, 

2003, for Memphis Shelby County 

(Table 2 of the Memphis Shelby County 

portion of the Tennessee State 

Implementation Plan), March 1, 2005, 

for Knox County (Table 3 of the Knox 

County portion of the Tennessee State 

Implementation Plan), and April 1, 

2005, for Chattanooga (Table 4 of the 

Chattanooga portion of the Tennessee 

State Implementation Plan) and 

paragraph (d) of this section with an 

EPA approval date of after December 1, 

1998 will be incorporated by reference 

in the next update to the SIP 

compilation. 

(2) EPA Region 4 certifies that the 

rules/regulations provided by EPA in 

the SIP compilation at the addresses in 

paragraph (b)(3) of this section are an 

exact duplicate of the officially 

promulgated State rules/regulations 

which have been approved as part of the 

State implementation plan as of the 

dates referenced in paragraph (b)(1). 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the Region 4 EPA Office at 

61 Forsyth Street, SW., Atlanta, GA 

30303; the EPA, Air and Radiation 

Docket and Information Center, Air 

Docket (Mail Code 6102T), 1200 

Pennsylvania Avenue, NW., 

Washington, DC. 20460 and the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

(c) * * * 

TABLE 4.—EPA APPROVED CHATTANOOGA REGULATIONS

State section Title/subject Adoption 

date EPA approval date Explanation 

Article I. In General 

Section 4–1 ....................... Declaration of Policy and Purposes: Title .................... 07/20/89 05/08/90, 55 FR 19066.

Section 4–2 ....................... Definitions ..................................................................... 08/16/95 02/18/97, 62 FR 7163.

Section 4–3 ....................... Regulations cumulative; compliance with one provision no defense to noncompliance with another; 

use of alternative methods.

08/16/95 02/18/97, 62 FR 7163.

Section 4–4 ....................... Penalties for violation of chapter, permit or order ........ 08/16/95 02/18/97, 62 FR 7163.

Section 4–5 ....................... Limitations of chapter ................................................... 07/20/89 05/08/90, 55 FR 19066.

Section 4–6 ....................... Air pollution control board; bureau of air pollution control; persons required to comply with chapter.08/16/95 02/18/97, 62 FR 7163.

Section 4–7 ....................... Powers and duties of the board; delegation ................ 07/20/89 05/08/90, 55 FR 19066.

Section 4–8 ....................... Installation permit, temporary operating permit, certification of operation and solid fuel permit.08/16/95 02/18/97, 62 FR 7163.

Section 4–9 ....................... Technical reports; charges ........................................... 07/20/89 05/08/90, 55 FR 19066.

Section 4–10 ..................... Records ........................................................................ 07/20/89 05/08/90, 55 FR 19066.

Section 4–11 ..................... General Requirements ................................................. 07/20/89 05/08/90, 55 FR 19066.

Section 4–12 ..................... Limits on emissions due to equipment malfunction, 

start-up or shutdown.

08/16/95 02/18/97, 62 FR 7163.

Section 4–13 ..................... Certificate of alternate control ...................................... 12/11/95 08/12/97, 62 FR 43109.

Section 4–14 ..................... Court determination of invalidity of having two sets of 

limitations for process or fuel burning equipment; 

effect.

07/20/89 05/08/90, 55 FR 19066.

Section 4–15 ..................... Right to file abatement suits ......................................... 07/20/89 05/08/90, 55 FR 19066.

Section 4–16 ..................... Right of entry of city employees; search warrants ....... 08/16/95 02/18/97, 62 FR 7163.

Section 4–17 ..................... Enforcement of chapter; procedure for adjudicatory 

hearings.

08/16/95 02/18/97, 62 FR 7163.

Section 4–18 ..................... Hearings and judicial review ........................................ 08/16/95 02/18/97, 62 FR 7163.

Section 4–19 ..................... Confidentiality of certain records .................................. 08/16/95 02/18/97, 62 FR 7163.

Section 4–20 ..................... Emergencies ................................................................. 07/20/89 05/08/90, 55 FR 19066.

Section 4–21 ..................... Variances ...................................................................... 07/20/89 05/08/90, 55 FR 19066.

Section 4–22 ..................... Reserved. 

Article II. Section 4–41 Rules, Regulations, Criteria, Standards 

Section 4–41 Rule 1 ......... Rules adopted .............................................................. 07/20/89 05/08/90, 55 FR 19066.

Section 4–41 Rule 2 ......... Regulation of Nitrogen Oxides ..................................... 08/15/95 08/12/97, 62 FR 43109.

Section 4–41 Rule 3 ......... Visible Emission Regulations ....................................... 08/15/95 08/12/97, 62 FR 43109.

Section 4–41 Rule 4 ......... Regulation of the Importation, Sales, Transportation, 

Use or Consumption of Certain Fuels.

07/20/89 05/08/90, 55 FR 19066.

Section 4–41 Rule 5 ......... Prohibition of Hand-Fired Fuel Burning Equipment ..... 07/20/89 05/08/90, 55 FR 19066.

Section 4–41 Rule 6 ......... Prohibition of Open Burning ......................................... 07/20/89 05/08/90, 55 FR 19066.

Section 4–41 Rule 7 ......... Incinerator Regulation .................................................. 07/20/89 05/08/90, 55 FR 19066.

Section 4–41 Rule 8 ......... Fuel Burning Equipment Regulations ........................... 08/15/95 08/12/97, 62 FR 43109.

Section 4–41 Rule 9 ......... Regulation of Visible Emissions from Internal Combustion Engines.08/15/95 08/12/97, 62 FR 43109.

Section 4–41 Rule 10 ....... Process Emission Regulations ..................................... 07/20/89 05/08/90, 55 FR 19066.

Section 4–41 Rule 11 ....... Regulation of Transporting and Material Handling in 

Open Air.

07/20/89 05/08/90, 55 FR 19066.

Section 4–41 Rule 12 ....... Regulation of Odors in the Ambient Air ....................... 07/20/89 05/08/90, 55 FR 19066.

Section 4–41 Rule 13 ....... Regulation of Sulfur Oxides ......................................... 08/15/95 08/12/97, 62 FR 43109.

Section 4–41 Rule 14 ....... Nuisances ..................................................................... 07/20/89 05/08/90, 55 FR 19066.

Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations 50195 

TABLE 4.—EPA APPROVED CHATTANOOGA REGULATIONS—Continued 

State section Title/subject Adoption 

date EPA approval date Explanation 

Section 4–41 Rule 16 ....... Emission Standards for Source Categories of Area 

Sources.

08/15/95 08/12/97, 62 FR 43109.

Section 4–41 Rule 17 ....... General Provisions and Applicability for Process Gaseous Emissions Standards.07/20/89 05/08/90, 55 FR 19066.

Section 4–41 Rule 18 ....... Prevention of Significant Air Quality Deterioration ....... 08/15/95 08/12/97, 62 FR 43109.

Section 4–41 Rule 20 ....... Proposed Infectious Waste Rule .................................. 08/15/95 08/12/97, 62 FR 43109.

Section 4–41 Rule 21 ....... Ambient Air Quality Standards ..................................... 08/15/95 08/12/97, 62 FR 43109.

Section 4–41 Rule 22 ....... (Reserved).

Section 4–41 Rule 23 ....... General Provisions and Applicability for Process Gaseous Emissions Standards.07/20/89 05/08/90, 55 FR 19066.

Section 4–41 Rule 24 ....... (Reserved).

Section 4–41 Rule 25 ....... General Provisions and Applicability for Volatile Organic Compounds.08/15/95 08/12/97, 62 FR 43109.

Section 4–41 Rule 26 ....... Reasonably Available Control Technology (RACT) ..... 08/15/95 08/12/97, 62 FR 43109.

Section 4–41 Rule 27 ....... Particulate Matter Controls for New Sources and New 

Modifications after August 12, 1997.

08/15/95 08/12/97, 62 FR 43109.

* * * * * 

[FR Doc. 05–16932 Filed 8–25–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R04–OAR–2005–SC–0001, R04–OAR–2005– 

GA–0001–200516; FRL–7957–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; South 

Carolina and Georgia; Attainment 

Demonstration for the Appalachian, 

Catawba, Pee Dee, Waccamaw, Santee 

Lynches, Berkeley-CharlestonDorchester, Low Country, Lower 

Savannah, Central Midlands, and 

Upper Savannah Early Action Compact 

Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving 

revisions to the South Carolina and 

Georgia State Implementation Plans 

(SIPs), submitted by the South Carolina 

Department of Health and 

Environmental Control (SC DHEC) and 

the Georgia Environmental Protection 

Division (EPD), respectively, for the 

Early Action Compact (EAC) areas in 

South Carolina and Georgia. The 

proposed SIP revisions were submitted 

on December 29, 2004, by South 

Carolina and December 31, 2004, by 

Georgia. There are ten EAC areas in 

South Carolina and Georgia covered by 

this final action: the Appalachian, 

Catawba, Pee Dee, Waccamaw, Santee 

Lynches, Berkeley-CharlestonDorchester, Low Country, Lower 

Savannah, Central Midlands, and Upper 

Savannah EAC Areas. Only the Lower 

Savannah EAC Area has counties in 

both South Carolina and Georgia. For 

the purposes of this document, 

however, all of the above listed EAC 

areas will be collectively referred to as 

the ‘‘South Carolina and Georgia EAC 

Areas.’’ The SIP revisions meet the 

requirements for the South Carolina and 

Georgia EAC Areas to attain and 

maintain the 8-hour ozone national 

ambient air quality standard (the 8-hour 

ozone standard) as described in the EAC 

Protocol and related regulations. EPA is 

also now approving the photochemical 

modeling used by South Carolina and 

Georgia to support the attainment and 

maintenance demonstrations of the 8- 

hour ozone standard in the South 

Carolina and Georgia EAC Areas. The 

revisions being approved today further 

incorporate regulatory control measures 

into the South Carolina SIP, including 

two Statewide regulations pertaining to 

control of nitrogen oxide (NOX) 

emissions and open burning. In 

addition, this final action also corrects 

inadvertent errors in the May 26, 2005, 

proposal document relating to these SIP 

revisions (70 FR 30396). 

In today’s final action, EPA is not 

finalizing its proposed rulemaking to 

defer the effective date of the 

nonattainment designations for EAC 

areas. In a separate action, published on 

June 8, 2005, EPA proposed to defer the 

effective date of the nonattainment 

deferred designation for EAC areas until 

December 31, 2006 (69 FR 23858). EPA 

final action on the deferral is expected 

to be published before September 30, 

2005. 

DATES: This rule will be effective 

September 26, 2005. 

ADDRESSES: EPA has established a 

docket for this action under Regional 

Material in EDocket (RME) ID No. R04– 

OAR–2005–SC–0001 and R04–OAR– 

2005–GA–0001. The EAC Protocol can 

be found in RME ID No. R04–OAR– 

2005–SC–0001 or R04–OAR–2005–GA– 

0001. The protocol can also be found at 

http://www.epa.gov/air/eac/. All 

documents in the docket are listed in 

the RME index at http://docket.epa.gov/ 

rmepub/. Once in the system, select 

‘‘quick search,’’ then key in the 

appropriate RME Docket identification 

number. 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. 

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 Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Nacosta C. Ward, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9140. 

Ms. Ward can also be reached via