Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Notices 61125 

cost reimbursable, time and material, 

labor hour, or indefinite quantity/ 

indefinite delivery fixed rate contracts 

with EPA. 

Abstract: Agency contractors who 

have cost reimbursable, time and 

material, labor hour, or indefinite 

delivery/indefinite quantity fixed rate 

contracts will report the technical and 

financial progress of the contract on a 

monthly basis. EPA will use this 

information to monitor the contractor’s 

progress under the contract. Responses 

to the information collection are 

mandatory for contractors, and are 

required for the contractors to receive 

monthly payments. Information 

submitted is protected from public 

release in accordance with the Agency’s 

confidentiality regulations, 40 CFR 

2.201 et seq. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

The OMB control numbers for EPA’s 

regulations in 40 CFR are listed in 40 

CFR part 9. 

Burden Statement: EPA estimates that 

the annual hourly burden for this 

collection will remain the same as 

reported in the previous information 

collection because there has been no 

change in the information being 

collected and approximately the same 

number of contracts remain active. As 

such, it is estimated that each response 

will take approximately 36 hours. EPA 

anticipates that the total active affected 

contracts will remain approximately 

324, time 12 submissions per year to 

yield about 3,888 annual collections. 

Each collection is estimated to cost 

$2,592 based on a variety of contractor 

personnel performing individual tasks 

required for information gathering and 

submission. The anticipated 3,888 

annual submissions are estimated to 

cost $10,077,696 annually. Minimal 

operation and maintenance costs are 

expected for photocopying and postage. 

(2) Contractor Cumulative Claim and 

Reconciliation, EPA ICR No. 0246.09, 

OMB Control No. 2030–0016, expires 

March 31, 2006. 

Affected entities: Entities potentially 

affected by this action are those holding 

cost reimbursable contracts with EPA. 

Abstract: At the completion of a cost 

reimbursement contract, contractors 

will report final costs incurred, 

including direct labor, materials, 

supplies, equipment, other direct 

charges, subcontracting, consultant fees, 

indirect costs, and fixed fee. Contractors 

will report this information on EPA 

Form 1900–10. EPA will use this 

information to reconcile the contractor’s 

costs. Establishment of the final costs 

and fixed fee is necessary to close out 

the contract. Responses to the 

information collection are mandatory 

for those contractors completing work 

under a cost reimbursement contract, 

and are required to receive final 

payment. Information submitted is 

protected from public release in 

accordance with the Agency’s 

confidentiality regulation, 40 CFR 2.201 

et seq. 

Burden Statement: EPA estimates that 

the annual hourly burden for this 

collection will remain the same as 

reported in the previous information 

collection request because there has 

been no change in the information being 

collected and approximately the same 

number of contracts are closed out each 

year. EPA estimates that the annual 

hourly burden will be 165 hours based 

on the following: Each response will 

take approximately 40 minutes, and 

EPA closes out approximately 247 

contracts per year. The annual dollar 

burden is estimated at $5,404.36 based 

on a combination of contractor 

employees providing the information. 

The total cost of the contractor-provided 

information is estimated to be $21.88 for 

the 40 minute period. Minimal 

operation and maintenance costs are 

expected for photocopying and postage. 

Dated: October 12, 2005. 

Leigh Pomponio, 

Manager, Policy and Oversight Service Center. 

[FR Doc. 05–20980 Filed 10–19–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OPPT–2005–0043; FRL–7735–3] 

Notification of Substantial Risk of 

Injury to Health and the Environment 

under TSCA Section 8(e); Request for 

Comment on Renewal of Information 

Collection Activities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.) EPA is seeking 

public comment on the following 

Information Collection Request (ICR): 

Notification of Substantial Risk of Injury 

to Health and the Environment under 

Toxic Substances Control Act (TSCA) 

Section 8(e) (EPA ICR No. 0794.11, 

OMB Control No. 2070–0046). This ICR 

involves a collection activity that is 

currently approved and scheduled to 

expire on June 30, 2006. The 

information collected under this ICR 

relates to reporting requirements placed 

on persons who manufacture, import, 

process, or distribute in commerce 

chemical substances or mixtures and 

who obtain information that such 

substances or mixtures present a 

substantial risk of injury to health or the 

environment. Before submitting this ICR 

to the Office of Management and Budget 

(OMB) for review and approval under 

the PRA, EPA is soliciting comments on 

specific aspects of the collection. 

DATES: Written comments, identified by 

the docket identification (ID) number 

OPPT–2005–0043, must be received on 

or before December 19, 2005. 

ADDRESSES: Comments may be 

submitted electronically, by mail, or 

through hand delivery/courier. Follow 

the detailed instructions as provided in 

Unit I. of the SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact: Colby 

Lintner, Regulatory Coordinator, 

Environmental Assistance Division 

(7408M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 554–1404; e-mail address: 

TSCA-Hotline@epa.gov. 

For technical information contact: 

Terry O’Bryan, Risk Assessment 

Division (7403M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001; telephone number: (202) 564–

7656; fax number: (202) 564–1626; email address: obryan.terry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are a company that 

manufactures, imports, processes, or 

distributes in commerce a chemical 

substance or mixture and which obtains 

information that reasonably supports 

the conclusion that such substance or 

mixture presents a substantial risk of 

injury to health or the environment. 

Potentially affected entities may 

include, but are not limited to: 

• Chemical manufacturing (NAICS 

325), e.g., basic chemical 

manufacturing; resin, synthetic rubber 

and artificial and synthetic fibers and 

filaments manufacturing; pesticide, 

fertilizer, and other agricultural 

chemical manufacturing; paint, coating, 

and adhesive manufacturing; soap, 

cleaning compound, and toilet 

preparation manufacturing, etc. 

• Petroleum refineries (NAICS 

32411), e.g., crude oil refining, diesel 

61126 Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Notices 

fuels manufacturing, fuel oils 

manufacturing, jet fuel manufacturing, 

kerosene manufacturing, petroleum 

distillation, etc. 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

B. How Can I Get Copies of this 

Document and Other Related 

Information? 

1. Docket. EPA has established an 

official public docket for this action 

under docket ID number OPPT–2005–

0043. The official public docket 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 docket does 

not include Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

The official public docket is the 

collection of materials that is available 

for public viewing at the EPA Docket 

Center, Rm. B102-Reading Room, EPA 

West, 1301 Constitution Ave., NW., 

Washington, DC. The EPA Docket 

Center is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The EPA Docket Center 

Reading Room telephone number is 

(202) 566–1744 and the telephone 

number for the OPPT Docket, which is 

located in EPA Docket Center, is (202) 

566–0280. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. 

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/ 

to submit or view public comments, 

access the index listing of the contents 

of the official public docket, and to 

access those documents in the public 

docket that are available electronically. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B.1. Once in 

the system, select ‘‘search,’’ then key in 

the appropriate docket ID number. 

Certain types of information will not 

be placed in the EPA Dockets. 

Information claimed as CBI and other 

information whose disclosure is 

restricted by statute, which is not 

included in the official public docket, 

will not be available for public viewing 

in EPA’s electronic public docket. EPA’s 

policy is that copyrighted material will 

not be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. To the extent feasible, publicly 

available docket materials will be made 

available in EPA’s electronic public 

docket. When a document is selected 

from the index list in EPA Dockets, the 

system will identify whether the 

document is available for viewing in 

EPA’s electronic public docket. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B.1. EPA 

intends to work towards providing 

electronic access to all of the publicly 

available docket materials through 

EPA’s electronic public docket. 

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 in EPA’s electronic public 

docket 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 

EPA’s electronic public docket. The 

entire printed comment, including the 

copyrighted material, will be available 

in the public docket. 

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to EPA’s electronic public 

docket. Public comments that are 

mailed or delivered to the docket will be 

scanned and placed in EPA’s electronic 

public docket. Where practical, physical 

objects will be photographed, and the 

photograph will be placed in EPA’s 

electronic public docket along with a 

brief description written by the docket 

staff. 

C. How and to Whom Do I Submit the 

Comments? 

You may submit comments 

electronically, by mail, or through hand 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

docket ID number 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. If you 

wish to submit CBI or information that 

is otherwise protected by statute, please 

follow the instructions in Unit I.D. Do 

not use EPA Dockets or e-mail to submit 

CBI or information protected by statute. 

1. Electronically. If you submit an 

electronic comment as prescribed in this 

unit, EPA recommends that you include 

your name, mailing address, and an email address or other contact 

information in the body of your 

comment. Also include this contact 

information on the outside of any disk 

or CD ROM you submit, and in any 

cover letter accompanying the disk or 

CD ROM. This ensures that you can be 

identified as the submitter of the 

comment and allows EPA to contact you 

in case EPA cannot read your comment 

due to technical difficulties or needs 

further information on the substance of 

your comment. EPA’s policy is that EPA 

will not edit your comment, and any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket, 

and made available in EPA’s electronic 

public docket. 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. 

i. EPA Dockets. Your use of EPA’s 

electronic public docket to submit 

comments to EPA electronically is 

EPA’s preferred method for receiving 

comments. Go directly to EPA Dockets 

at http://www.epa.gov/edocket/, and 

follow the online instructions for 

submitting comments. Once in the 

system, select ‘‘search,’’ and then key in 

docket ID number OPPT–2005–0043. 

The system is an ‘‘anonymous access’’

system, which means EPA will not 

know your identity, e-mail address, or 

other contact information unless you 

provide it in the body of your comment. 

ii. E-mail. Comments may be sent by 

e-mail to oppt.ncic@epa.gov, Attention: 

Docket ID Number OPPT–2005–0043. In 

contrast to EPA’s electronic public 

docket, EPA’s e-mail system is not an 

‘‘anonymous access’’ system. If you 

send an e-mail comment directly to the 

docket without going through EPA’s 

electronic public docket, EPA’s e-mail 

system automatically captures your email address. E-mail addresses that are 

automatically captured by EPA’s e-mail 

Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Notices 61127 

system are included as part of the 

comment that is placed in the official 

public docket, and made available in 

EPA’s electronic public docket. 

iii. Disk or CD ROM. You may submit 

comments on a disk or CD ROM that 

you mail to the mailing address 

identified in Unit I.C.2. These electronic 

submissions will be accepted in 

WordPerfect or ASCII file format. Avoid 

the use of special characters and any 

form of encryption. 

2. By mail. Send your comments to: 

Document Control Office (7407M), 

Office of Pollution Prevention and 

Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001. 

3. By hand delivery or courier. Deliver 

your comments to: OPPT Document 

Control Office (DCO) in EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave., NW., 

Washington, DC. Attention: Docket ID 

Number OPPT–2005–0043. The DCO is 

open from 8 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. 

D. How Should I Submit CBI to the 

Agency? 

Do not submit information that you 

consider to be CBI electronically 

through EPA’s electronic public docket 

or by e-mail. You may claim 

information that you submit to EPA as 

CBI by marking any part or all of that 

information as CBI (if you submit CBI 

on disk or CD ROM, 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 

CBI). Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

In addition to one complete version of 

the comment that includes any 

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 and EPA’s electronic public 

docket. If you submit the copy that does 

not contain CBI on disk or CD ROM, 

mark the outside of the disk or CD ROM 

clearly that it does not contain CBI. 

Information not marked as CBI will be 

included in the public docket and EPA’s 

electronic public docket without prior 

notice. If you have any questions about 

CBI or the procedures for claiming CBI, 

please consult the technical person 

listed under FOR FURTHER INFORMATION

CONTACT. 

E. What Should I Consider when I 

Prepare My Comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible. 

2. Describe any assumptions that you 

used. 

3. Provide copies of any technical 

information and/or data you used that 

support your views. 

4. If you estimate potential burden or 

costs, explain how you arrived at the 

estimate that you provide. 

5. Provide specific examples to 

illustrate your concerns. 

6. Offer alternative ways to improve 

the collection activity. 

7. Make sure to submit your 

comments by the deadline in this 

notice. 

8. To ensure proper receipt by EPA, 

be sure to identify the docket ID number 

assigned to this action in the subject 

line on the first page of your response. 

You may also provide the name, date, 

and Federal Register citation. 

F. What Information is EPA Particularly 

Interested in? 

Pursuant to section 3506(c)(2)(A) of 

the PRA, EPA specifically solicits 

comments and information to enable it 

to: 

1. Evaluate whether the proposed 

collections of information are necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information will have 

practical utility. 

2. Evaluate the accuracy of the 

Agency’s estimates of the burdens of the 

proposed collections of information. 

3. Enhance the quality, utility, and 

clarity of the information to be 

collected. 

4. Minimize the burden of the 

collections of information on those who 

are to respond, including through the 

use of appropriate automated or 

electronic collection technologies or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

II. What Information Collection 

Activity or ICR Does this Action Apply 

to? 

EPA is seeking comments on the 

following ICR: 

Title: Notification of Substantial Risk 

of Injury to Health and the Environment 

under TSCA Section 8(e). 

ICR numbers: EPA ICR No. 0794.11, 

OMB Control No. 2070–0046. 

ICR status: This ICR is currently 

scheduled to expire on June 30, 2006. 

An Agency may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information, unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations in title 40 of the CFR, 

after appearing in the Federal Register, 

are listed in 40 CFR part 9, and included 

on the related collection instrument or 

form, if applicable. 

Abstract: Section 8(e) of TSCA 

requires that any person who 

manufactures, imports, processes, or 

distributes in commerce a chemical 

substance or mixture and which obtains 

information that reasonably supports 

the conclusion that such substance or 

mixture presents a substantial risk of 

injury to health or the environment 

must immediately inform EPA of such 

information. EPA routinely 

disseminates TSCA section 8(e) data it 

receives to other Federal agencies to 

provide information about newly 

discovered chemical hazards and risks. 

Responses to the collection of 

information are mandatory (see 15 

U.S.C. 2607(e)). Respondents may claim 

all or part of a notice confidential. EPA 

will disclose information that is covered 

by a claim of confidentiality only to the 

extent permitted by, and in accordance 

with, the procedures in TSCA section 14 

and 40 CFR part 2. 

III. What are EPA’s Burden and Cost 

Estimates for this ICR? 

Under PRA, ‘‘burden’’ means the total 

time, effort, or financial resources 

expended by persons to generate, 

maintain, retain, or disclose or provide 

information to or for a Federal Agency. 

For this collection it includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

The ICR provides a detailed 

explanation of this estimate, which is 

only briefly summarized in this notice. 

The annual public burden for this 

collection of information is estimated to 

range between 5.0 hours and 27.0 hours 

per response, depending upon the 

nature of the response. The following is 

a summary of the estimates taken from 

the ICR: 

61128 Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Notices 

Respondents/affected entities: 

Companies that manufacture, import, 

process, or distribute in commerce a 

chemical substance or mixture and 

which obtain information that 

reasonably supports the conclusion that 

such substance or mixture presents a 

substantial risk of injury to health or the 

environment. 

Estimated total number of potential 

respondents: 230. 

Frequency of response: On occasion. 

Estimated total/average number of 

responses for each respondent: 1.5. 

Estimated total annual burden hours: 

6,750 hours. 

Estimated total annual burden costs: 

$364,500. 

IV. Are There Changes in the Estimates 

from the Last Approval? 

There is an increase of 319 hours 

(from 6,431 hours to 6,750 hours) in the 

total estimated respondent burden 

compared with that identified in the ICR 

most recently approved by OMB. This 

increase can be accounted for by a small 

increase in TSCA section 8(e) reporting 

compared to that estimated in the 

previous ICR. This increase is an 

adjustment. 

V. What is the Next Step in the Process 

for this ICR? 

EPA will consider the comments 

received and amend the ICR as 

appropriate. The final ICR package will 

then be submitted to OMB for review 

and approval pursuant to 5 CFR 

1320.12. EPA will issue another Federal 

Register notice pursuant to 5 CFR 

1320.5(a)(1)(iv) to announce the 

submission of the ICR to OMB and the 

opportunity to submit additional 

comments to OMB. If you have any 

questions about this ICR or the approval 

process, please contact the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

List of Subjects 

Environmental protection, Reporting 

and recordkeeping requirements. 

Dated: October 5, 2005. 

Susan B. Hazen, 

Acting Assistant Administrator, Office of 

Prevention, Pesticides and Toxic Substances. 

[FR Doc. 05–20981 Filed 10–19–05; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[IN–164–1; FRL–7986–4] 

Adequacy Status of Jackson County, 

IN, 8-Hour Ozone Redesignation and 

Maintenance Plan for Transportation 

Conformity Purposes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of adequacy. 

SUMMARY: In this notice, EPA is 

notifying the public that EPA has found 

that the motor vehicle emissions 

budgets in the Jackson County, Indiana 

8-hour ozone redesignation request and 

maintenance plan are adequate for 

conformity purposes. On March 2, 1999, 

the DC Circuit Court ruled that 

submitted State Implementation Plans 

(SIPs) cannot be used for conformity 

determinations until EPA has 

affirmatively found them adequate. As a 

result of our finding, Jackson County 

can use the motor vehicle emissions 

budgets from the submitted 8-hour 

ozone redesignation request and 

maintenance plan for future conformity 

determinations. These budgets are 

effective November 4, 2005. The finding 

and the response to comments will be 

available at EPA’s conformity Web site: 

http://www.epa.gov/otaq/transp.htm, 

(once there, click on the ‘‘Conformity’’

button, then look for ‘‘Adequacy Review 

of SIP Submissions for Conformity’’). 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’Agostino, Environmental 

Engineer, Criteria Pollutant Section 

(AR–18J), Air Programs Branch, Air and 

Radiation Division, United States 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–1767, 

dagostino.kathleen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, we mean 

EPA. 

Background: Today’s notice is simply 

an announcement of a finding that we 

have already made. EPA Region 5 sent 

a letter to the Indiana Department of 

Environmental Management on 

September 29, 2005, stating that the 

motor vehicle emissions budgets for the 

year 2015, submitted in the Jackson 

County, Indiana 8-hour ozone 

redesignation request and maintenance 

plan, are adequate. This finding has 

been announced on EPA’s conformity 

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

transp.htm, (once there, click on the 

‘‘Conformity’’ button, then look for 

‘‘Adequacy Review of SIP Submissions 

for Conformity’’). 

Transportation conformity is required 

by section 176(c) of the Clean Air Act. 

EPA’s conformity rule requires that 

transportation plans, programs, and 

projects conform to state air quality 

implementation plans and establishes 

the criteria and procedures for 

determining whether or not they do. 

Conformity to a SIP means that 

transportation activities will not 

produce new air quality violations, 

worsen existing violations, or delay 

timely attainment of the national 

ambient air quality standards. 

The criteria by which we determine 

whether a SIP’s motor vehicle emission 

budgets are adequate for conformity 

purposes are outlined in 40 CFR 

93.118(e)(4). Please note that an 

adequacy review is separate from EPA’s 

completeness review, and it also should 

not be used to prejudge EPA’s ultimate 

approval of the SIP. Even if we find a 

budget adequate, the SIP could later be 

disapproved. 

We’ve described our process for 

determining the adequacy of submitted 

SIP budgets in guidance (May 14, 1999 

memo titled ‘‘Conformity Guidance on 

Implementation of March 2, 1999 

Conformity Court Decision’’). We 

followed this guidance in making our 

adequacy determination. 

Dated: October 11, 2005. 

Richard C. Karl, 

Acting Regional Administrator, Region 5. 

[FR Doc. 05–20978 Filed 10–19–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[IN–163–1; FRL–7986–3] 

Adequacy Status of Greene County, IN, 

8-Hour Ozone Redesignation and 

Maintenance Plan for Transportation 

Conformity Purposes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of adequacy. 

SUMMARY: In this notice, EPA is 

notifying the public that EPA has found 

that the motor vehicle emissions 

budgets in the Greene County, Indiana 

8-hour ozone redesignation request and 

maintenance plan are adequate for 

conformity purposes. On March 2, 1999, 

the DC Circuit Court ruled that 

submitted State Implementation Plans 

(SIPs) cannot be used for conformity 

determinations until EPA has 

affirmatively found them adequate. As a 

result of our finding, Greene County can 

use the motor vehicle emissions budgets 

from the submitted 8-hour ozone