51694 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 

Respondent’s Obligation: Voluntary. 

Written comments and 

recommendations on the proposed 

information collection should be sent to 

the TRICARE Management Activity, 

Attn: Col Gary Martin, 5111 Leesburg 

Pike, Suite 810, Falls Church, VA 

22041–3206 (703–681–0039). Comments 

should be received within 60 days of 

publication of this notice. 

To request more information on this 

proposed information collection or to 

obtain a copy of the proposed and 

associated collection instruments, 

please write to TRICARE Management 

Activity, Attn: Col Gary Martin, 5111 

Leesburg Pike, Suite 810, Falls Church, 

VA 22041–3206, or telephone Col 

Martin at 703–681–0039. 

List of Subjects in 32 CFR Part 199 

Claims, Dental health, Health care, 

Health insurance, Individuals with 

disabilities, Military personnel. 

For the reasons set out in the 

preamble, 32 CFR part 199 is proposed 

to be amended as follows: 

PART 199—[AMENDED] 

1. The authority citation for Part 199 

continues to read as follows: 

Authority: 5 U.S.C. 301; 10 U.S.C. Chapter 

55. 

2. Section 199.13(g)(2)(ii) is proposed 

to be revised to read as follows: 

§ 199.13 TRICARE Dental Program. 

* * * * * 

(g) * * * 

(2) * * * 

(ii) Participating providers shall be 

reimbursed in accordance with the 

contractor’s network agreements, less 

any cost-share amount due for 

authorized services. 

* * * * * 

Dated: August 25, 2005. 

Jeannette Owings-Ballard, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 05–17299 Filed 8–30–05; 8:45 am] 

BILLING CODE 5001–06–M 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 51 

[OAR–2005–0148; FRL–7963–1] 

Advance Notice To Solicit Comments, 

Data and Information for Determining 

the Emissions Reductions Achieved in 

Ozone Nonattainment and 

Maintenance Areas From the 

Implementation of Rules Limiting the 

VOC Content of AIM Coatings 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: By this action, EPA is 

soliciting comments, data and 

information for determining how to 

calculate the reductions in volatile 

organic compounds (VOC) emissions 

achieved in ozone nonattainment and 

maintenance areas from the 

implementation of rules which limit the 

VOC content of architectural coatings 

(commonly referred to as architectural 

industrial maintenance, or AIM, 

coatings). In addition to submitting 

comments, data and information, 

interested parties may also request to 

meet with EPA to present their 

recommended approaches and 

rationales. 

DATES: Please submit comments, data, 

and information on or before October 

17, 2005. Requests to meet with EPA 

should be made on or before September 

30, 2005. 

ADDRESSES: Submit your written 

comments, data and information, 

identified by Docket ID No. OAR–2005–

0148, by one of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

Agency Web site: http://www.epa.gov/ 

edocket. EDOCKET, EPA’s electronic 

public docket and comment system, is 

EPA’s preferred method for receiving 

comments. Follow the on-line 

instructions for submitting comments. 

E-mail: Send electronic mail (e-mail) 

to EPA Docket Center at a-and-rDocket@epa.gov. 

Fax: Send faxes to the EPA Docket 

Center at (202) 566–1741. 

Mail: Air and Radiation Docket, U.S. 

Environmental Protection Agency, Mail 

Code 6102T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460. 

Attn: Docket ID No. OAR–2005–0148, 

Advance Notice for Information on 

Determining the Emissions Reductions 

Achieved from Limiting the VOC 

Content of Architectural Coating. Please 

include a total of two copies. 

Hand Delivery or Courier: EPA Docket 

Center (Air and Radiation Docket), U.S. 

Environmental Protection Agency, EPA 

West Building, Room B102, 1301 

Constitution Avenue, NW., Washington, 

DC 20004. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

delivery of boxed information. 

Instructions: Direct your comments to 

Docket ID No. OAR–2005–0148. The 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.epa.gov/edocket, 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 EDOCKET, 

regulations.gov or e-mail. The EPA 

EDOCKET and the federal 

regulations.gov websites 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 

EDOCKET or regulations.gov, your email 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. 

Docket: All documents in the 

electronic docket are listed in the 

EDOCKET index at http://www.epa.gov/ 

edocket. Although listed in the index, 

some information is not publicly 

available, i.e., 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 

EDOCKET or in hard copy during 

normal business hours at the Air and 

Radiation Docket, (EPA/DC) EPA West, 

Room B102, 1301 Constitution Ave., 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 51695 

1See 40 CFR, part 59, subpart D—National 

Volatile Organic Compound Emission Standards for 

Architectural Coatings; source: 63 FR 48877, 

September 11, 1998. 

NW., Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Reading Room is (202) 566–1744, and 

the telephone number for the Air Docket 

is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Marcia L. Spink, Associate Director for 

Air Programs, Air Protection Division, 

Mail Code 3AP20, U.S. EPA Region III, 

1650 Arch Street, Philadelphia, PA 

19103, telephone (215) 814–2104, or by 

e-mail at spink.marcia@epa.gov. To 

schedule a meeting with EPA, please 

contact David Sanders, U.S. EPA, Ozone 

Policy & Strategies Group, Air Quality 

Strategies & Standards Division, Mail 

Code C539–02, Office of Air Quality 

Planning & Standards, Research 

Triangle Park, NC 27711, telephone 

(919) 541–3356, or by e-mail at 

sanders.dave@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we’’ and ‘‘its’’ refer to the EPA. 

I. Background 

On May 13, 2005 (70 FR 25688), EPA 

published a final rule approving several 

State Implementation Plan (SIP) 

revisions for the District of Columbia, 

State of Maryland and Commonwealth 

of Virginia, including the post 1999–

2005 Rate-of-Progress (ROP) plan for the 

Metropolitan Washington, DC 1-Hour 

Severe Ozone Nonattainment Area (the 

Washington area). That ROP plan relied 

upon, among other control measures, 

VOC emissions reductions from the 

District’s, Maryland’s and Virginia’s 

SIP-approved AIM coatings rules to 

satisfy certain contingency measure 

requirements applicable to ROP plans. 

These States’ SIP-approved AIM 

coatings rules are based upon a model 

rule developed by the Ozone Transport 

Commission (OTC). The EPA’s SIP 

approval of the District’s, Virginia’s and 

Maryland’s AIM coating rules, 

themselves (70 FR 24959, 24970, 24979; 

May 12, 2005, respectively), involved no 

consideration or approval of an amount 

of VOC emissions reductions or credits 

achieved by those States’ AIM coatings 

rules. Rather, EPA’s basis for approval 

of these States’ AIM coating rules, as 

well as Delaware’s, Pennsylvania’s and 

New York’s OTC model rule-based AIM 

coatings rules (67 FR 70315, November 

22, 2002; 69 FR 68080, November 23, 

2004; and 69 FR 72118, December 13, 

2004, respectively) as SIP revisions was 

its determination that those AIM rules 

are as stringent or more stringent than 

the otherwise applicable Federal AIM 

coatings rule.1

In publishing this action, EPA is not 

reopening its SIP approvals of any State 

AIM coatings rule or the Federal AIM 

coatings rule. The EPA is not reopening 

its determination that the SIP-approved 

State AIM rules are as stringent or more 

stringent than the otherwise applicable 

Federal AIM rule. Nor is EPA reopening 

its approval of the Washington area ROP 

plan, its decision with respect to credit 

for VOC reductions due to the State AIM 

rules in the Washington area ROP plan, 

or any SIP approval EPA has made to 

date in which credit for VOC reductions 

have been claimed due to either a State 

AIM coatings rule or the Federal AIM 

coatings rule. Please do not submit 

comments on any completed 

rulemakings. 

As stated previously, however, the 

Washington area’s post 1999–2005 ROP 

plan submitted by the District, 

Maryland and Virginia did rely upon, 

among other control measures, VOC 

emissions reductions from the three 

jurisdictions’ AIM coatings rules to 

satisfy certain contingency measure 

requirements applicable to ROP plans. 

As part of EPA’s proposed rulemaking 

process on the Washington area post 

1999–2005 ROP plan, we independently 

performed calculations of the VOC 

emissions reductions achieved by 

implementation of the District’s, 

Maryland’s and Virginia’s AIM coatings 

rules. The EPA did this analysis to 

confirm that implementation of the AIM 

coatings rules in Maryland, Virginia, 

and the District of Columbia would 

result in at least the amount of VOC 

emissions reductions relied upon by the 

States and the District of Columbia for 

those rules in the Washington area ROP 

plan. 

During the public comment period of 

the proposed rule to approve the 

Washington area ROP plan (70 FR 2085; 

January 12, 2005), EPA received several 

comments, from both the regulated 

sector and the State of Maryland, related 

to the methodology and the associated 

baseline EPA employed to calculate the 

VOC emissions reductions from the 

three jurisdictions’ AIM coatings rules. 

In the final rule approving the 

Washington area post 1999–2005 ROP 

plan (70 FR 25688; May 13, 2005), EPA 

explained that it was not necessary to 

choose a particular methodology or 

baseline in order to approve the ROP 

plan because all of the approaches 

presented by EPA or the commenters 

resulted in calculated VOC emissions 

reductions from implementation of 

Maryland, Virginia, and the District of 

Columbia’s AIM coatings rules 

sufficient to satisfy the requirements of 

the ROP plan. 

While it was not necessary to choose 

a particular methodology or baseline in 

order for EPA to approve the 

Washington area post 1999–2005 ROP 

plan, this may not always be the case. 

In the future, states may design 

reasonable further progress, attainment 

and maintenance plans for ozone 

nonattainment areas which rely upon 

VOC emissions reductions from the 

implementation of AIM coatings rules. 

For consistency from state to state in the 

development of such plans, and in 

EPA’s subsequent evaluation of those 

plans, we are soliciting comments, data, 

information and recommendations as to 

the baseline and calculation 

methodology for determining the 

emission reductions achieved from the 

implementation of rules which limit the 

VOC content of AIM coatings. The EPA 

is commencing this process in 

recognition of the need to formulate a 

technically sound and consistent 

approach that states may use to account 

for the VOC emissions from the AIM 

coatings sector in compiling base year 

and projection emission inventories, 

demonstrating reasonable further 

progress, and conducting modeling 

analyses as part of their ozone SIP 

planning activities. The EPA included 

the following paragraph in its final rule 

approving the Washington area’s post 

1999–2005 ROP plan: ‘‘However, EPA 

recognizes the need to resolve 

conclusively how to determine the 

amount of VOC emission reductions 

achieved from the implementation of 

AIM coatings rules in a given ozone 

nonattainment area. This remains an 

issue of concern to the states, the 

regulated sector, and other interested 

parties. Therefore, EPA intends to 

conduct a separate process to solicit 

further comment, information and 

recommendations from all interested 

parties as to how to determine the 

amount of VOC emission reductions 

achieved from the implementation of 

AIM coatings rules in a given ozone 

nonattainment area.’’ By publishing this 

Advance Notice to Solicit Comments, 

Data and Information for Determining 

the Emissions Reductions Achieved in 

Ozone Nonattainment and Maintenance 

Areas from the Implementation of Rules 

Limiting the VOC Content of AIM 

Coatings, EPA is hereby commencing 

the separate process referenced in our 

final approval of the ROP plan for the 

Washington area. 

51696 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 

2By citing to this Supplementary TSD as a 

reference, EPA is not re-opening its final rule 

approving the Washington area post-1999–2005 

ROP plan (70 FR 25688; May 13, 2005). 

Those parties interested in 

participating in this process by 

submitting comments, data information 

or recommendations may find the 

Supplementary Technical Support 

Document (TSD) which EPA prepared 

in support of the final rule approving 

the Washington area post 1999–2005 

ROP plan (70 FR 25688; May 13, 2005) 

to be a useful reference with regard to 

these issues. This TSD presents some 

helpful examples of baselines and 

methodologies used to calculate the 

VOC emissions reductions achieved 

from the implementation of AIM coating 

rules.2 This TSD is available, upon 

request, from the EPA Region 3 contact 

listed in the FOR FURTHER INFORMATION

CONTACT section of this document, and 

is also in the EDOCKET (OAR–2005–

0148–0002) for this action. 

II. EPA’s Intent Regarding the 

Comments, Data, Information and 

Recommendations 

It is EPA’s intent to consider all 

relevant comments, data, information, 

and recommendations submitted to us 

to formulate a practicable, technically 

sound approach for calculating the VOC 

emissions achieved and creditable from 

the implementation of an AIM coatings 

rule in a given ozone nonattainment or 

maintenance area. As previously stated, 

EPA is commencing this process in 

recognition of the need to formulate a 

technically sound and consistent 

approach that States may use to account 

for the VOC emissions from the AIM 

coatings sector in compiling base year 

and projection emission inventories, 

demonstrating reasonable further 

progress, and conducting modeling 

analyses as part of their ozone SIP 

planning activities. It would also 

provide for consistency in EPA’s 

subsequent evaluations of states’

attainment, maintenance and progress 

plans that rely upon emissions 

reductions from the AIM coatings 

sector. 

Once EPA receives the comments, 

data, and information solicited herein, 

we will determine the appropriate next 

steps. The EPA believes, at this time, the 

next steps will likely include 

rulemaking and/or guidance to provide 

a practicable and technically sound 

approach for States, and other interested 

parties, to use in determining the VOC 

emissions reductions achieved by the 

implementation of AIM coating rules in 

ozone nonattainment and maintenance 

areas. Any such action will be 

conducted using notice and comment 

procedures. Once this rulemaking/ 

guidance has been provided, it will be 

available for states to use in the 

development of future state 

implementation plan (SIP) revisions, if 

any, that rely upon VOC emissions 

reductions achieved by the 

implementation of AIM coating rules in 

ozone nonattainment and maintenance 

areas. This rulemaking/guidance will 

not require any state to amend 

previously approved SIP revisions, 

however, it may be used by states, at 

their discretion, to revise their current 

SIPs as they deem appropriate. 

The EPA encourages all interested 

parties to participate in this process by 

submitting relevant comments, data, 

information and recommendations for 

how best to calculate the VOC emission 

reductions achieved from the adoption 

and implementation of an AIM coating 

rule in a given nonattainment or 

maintenance area. 

III. Statutory and Executive Order 

Reviews 

Under Executive Order (EO) 12866, 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is, therefore, not subject to review by the 

Office of Management and Budget 

(OMB). 

List of Subjects in 40 CFR Part 51 

Environmental protection, Air 

pollution control, Ozone, Volatile 

organic compounds. 

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

Dated: August 24, 2005. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. 05–17357 Filed 8–30–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[FRL–7961–4] 

Hazardous Waste Management 

System; Identification and Listing of 

Hazardous Waste; Proposed Exclusion 

AGENCY: The Environmental Protection 

Agency (the EPA). 

ACTION: Proposed rule and request for 

comment. 

SUMMARY: The EPA is proposing to grant 

a petition submitted by Saturn 

Corporation (Saturn) to exclude or 

‘‘delist’’ wastewater treatment plant 

(WWTP) sludge generated from 

conversion coating on aluminum at 

Saturn’s integrated automotive assembly 

facility located at 100 Saturn Parkway in 

Spring Hill, Tennessee, from the 

requirements of the hazardous waste 

regulations under the Resource 

Conservation and Recovery Act (RCRA). 

This exclusion would be valid only 

when the sludge is disposed of in a 

Subtitle D landfill that is permitted, 

licensed, or registered by a state to 

manage industrial solid waste. The EPA 

used the Delisting Risk Assessment 

Software (DRAS) in the evaluation of 

the potential impact of the petitioned 

waste on human health and the 

environment. 

The EPA bases its proposed decision 

to grant the petition based on an 

evaluation of waste-specific information 

provided by Saturn. This proposed 

decision, if finalized, conditionally 

excludes the petitioned waste from the 

requirements of the RCRA hazardous 

waste regulations. 

If finalized, the EPA would conclude 

that Saturn’s petitioned waste is 

nonhazardous with respect to the 

original listing criteria and that there are 

no other factors that would cause the 

waste to be hazardous. 

DATES: The EPA will accept public 

comments on this proposed decision 

until October 17, 2005. The EPA will 

stamp comments received after the close 

of the comment period as late. These 

late comments may not be considered in 

formulating a final decision. Any person 

may request a hearing on this proposed 

decision by filing a request to EPA by 

September 15, 2005. The request must 

contain the information prescribed in 40 

CFR 260.20(d). 

ADDRESSES: Please send three copies of 

your comments. You should send two 

copies to the Chief, North Section, 

RCRA Enforcement and Compliance 

Branch, Waste Division, U.S. 

Environmental Protection Agency 

Region 4, Sam Nunn Atlanta Federal 

Center, 61 Forsyth Street S.W., Atlanta, 

Georgia, 30303. You should also send 

one copy to Mike Apple, Director, 

Division of Solid Waste Management, 

Tennessee Department of Environment 

and Conservation, 5th Floor, L&C 

Tower, 401 Church Street, Nashville, 

Tennessee, 37243–1535. You should 

identify your comments at the top with 

this regulatory docket number: R4DLP–

0502–Saturn. You may submit your 

comments electronically to Kristin 

Lippert at Lippert.Kristin@epa.gov. 

You should address requests for a 

hearing to Narindar M. Kumar, Chief, 

RCRA Enforcement and Compliance 

Branch, Waste Division, U.S. 

Environmental Protection Agency