Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Notices 65899 

and object to as appropriate, operating 

permits proposed by state permitting 

authorities. Section 505(b)(2) of the Act 

authorizes any person to petition the 

EPA Administrator within 60 days after 

the expiration of the EPA review period 

to object to state operating permits if 

EPA has not done so. Petitions must be 

based only on objections to the permit 

that were raised with reasonable 

specificity during the public comment 

period provided by the state, unless the 

petitioner demonstrates that it was 

impracticable to raise these issues 

during the comment period or the 

grounds for the issues arose after this 

period. 

On January 29, 2004, the EPA 

received from the Lake County 

Conservation Alliance a petition 

requesting that EPA object to the 

proposed title V operating permit for the 

Midwest Generation Waukegan station. 

The petition raises issues regarding the 

permit issuance process and the permit 

itself. The Lake County Conservation 

Alliance alleged that the proposed 

permit (1) is legally inadequate because 

it does not impose an enforceable 

schedule to remedy non-compliance; (2) 

inappropriately provides for a permit 

shield that allows excess emissions 

during startup and malfunction, 

contrary to EPA policy; (3) fails to 

include applicable requirements; (4) 

fails to comply with the public notice 

requirements of the Act; (5) contains an 

inadequate statement of basis; (6) 

contains conditions that are not 

practically enforceable; (7) lacks 

adequate recordkeeping and recording 

requirements; (8) lacks origin and 

authority for each permit condition; (9) 

lacks adequate monitoring; and (10) is 

legally inadequate because it lacks the 

requirement to submit a compliance 

certification containing other such facts 

as IEPA may require to determine 

compliance. 

On September 22, 2005, the 

Administrator issued an order partially 

granting and partially denying the 

petition. The order explains the reasons 

behind EPA’s conclusion that the IEPA 

must: (1) Address in the permit record 

the Petitioner’s comment regarding 

opacity exceedances; (2) determine if 

pre-existing state operating permit 

conditions are requirements with which 

Waukegan must comply, and either 

include the applicable requirements in 

the Title V permit, or explain in the 

statement of basis its reasoning for not 

including the requirements; (3) reopen 

the Waukegan permit (including a 

notice to the public stating the activities 

involved in the permit action) and make 

available to the public an adequate 

statement of basis which explains, 

among other things the reasons for each 

change to the state implementation plan 

(SIP) or construction permit terms. 

These explanations must be provided 

for any federally enforceable permit 

terms that have been newly established, 

modified, streamlined or deleted in the 

permit action; (4) remove ‘‘operational 

condition’’ and ‘‘operating parameters’’

from the permit or define the terms; (5) 

remove ‘‘reasonable steps’’ from the 

permit or define or provide criteria to 

determine ‘‘reasonable steps’’ that meet 

the requirements of the SIP; (6) either 

develop criteria for determining the 

normal range or develop another means 

to monitor compliance with the 

particulate matter (PM) emission 

limitations; (7) include a specific 

opacity limit or a method for 

determining an opacity limit that would 

correlate the results of the PM testing 

and the opacity limit in a manner that 

assures compliance with the PM limit, 

and incorporate into the permit specific 

operational limits (upper level or lower 

level) and/or operational ranges or a 

method for determining the ranges; and, 

(8) set a date that is as early as possible 

in the permit term by which Waukegan 

must conduct PM testing for use in 

establishing opacity monitoring and 

electrostatic precipitator parametric 

measures so that the permit includes 

appropriate monitoring conditions that 

are in effect during the permit term and 

assures compliance with the PM 

emission limitations for the coal-fired 

boilers for the entire term of the permit. 

The order also explains the reasons for 

denying Lake County Conservation 

Alliance’s remaining claims. 

Dated: October 14, 2005. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

[FR Doc. 05–21754 Filed 10–31–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7991–8] 

Public Water System Supervision 

Program Revisions for the State of 

Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of tentative approval. 

SUMMARY: Notice is hereby given that 

the State of Indiana is revising its 

approved Public Water System 

Supervision Program. Indiana has 

revised its Public Notification (PN) 

Rule; its Lead and Copper Rule Minor 

Revisions (LCRMR) Rule; its Analytical 

Methods for Chemical and 

Microbiological Contaminants and 

revisions to Laboratory Certification 

Requirements; its revisions to Analytical 

Methods for Radionuclides Rule; and its 

Removal of the Prohibition on the Use 

of Point of Use Devices for compliance 

with National Primary Drinking Water 

Regulations Rule. 

EPA has determined that these 

revisions by the State are no less 

stringent than the corresponding federal 

regulations. Therefore, EPA intends to 

approve these revisions to the State of 

Indiana’s Public Water System 

Supervision Program. This approval 

action does not extend to public water 

systems (PWSs) in Indian Country, as 

the term is defined in 18 U.S.C. 1151. 

By approving these rules, EPA does not 

intend to affect the rights of federally 

recognized Indian Tribes in Indiana, nor 

does it intend to limit existing rights of 

the State of Indiana. Any interested 

party may request a public hearing. A 

request for a public hearing must be 

submitted by December 1, 2005 to the 

Regional Administrator at the EPA 

Region 5 address shown below. The 

Regional Administrator may deny 

frivolous or insubstantial requests for a 

hearing. However, if a substantial 

request for a public hearing is made by 

December 1, 2005, EPA Region 5 will 

hold a public hearing. If EPA Region 5 

does not receive a timely and 

appropriate request for a hearing and 

the Regional Administrator does not 

elect to hold a hearing on his own 

motion, this determination shall become 

final and effective on December 1, 2005. 

Any request for a public hearing shall 

include the following information: The 

name, address, and telephone number of 

the individual, organization, or other 

entity requesting a hearing; a brief 

statement of the requesting person’s 

interest in the Regional Administrator’s 

determination and a brief statement of 

the information that the requesting 

person intends to submit at such 

hearing; and the signature of the 

individual making the request, or, if the 

request is made on behalf of an 

organization or other entity, the 

signature of a responsible official of the 

organization or other entity. 

ADDRESSES: All documents relating to 

this determination are available for 

inspection at the following offices: 

Indiana Department of Environmental 

Management, Office of Water Quality, 

Drinking Water Branch, 100 N. Senate 

Avenue, P.O. Box 6015, Indianapolis, 

Indiana 46206–6015, between the hours 

of 8:30 a.m. and 4 p.m., Monday 

through Friday, and the United States 

Environmental Protection Agency, 

65900 Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Notices 

Region 5, Ground Water and Drinking 

Water Branch (WG–15J), 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, between the hours of 9 a.m. and 

4:30 p.m., Monday through Friday. 

FOR FURTHER INFORMATION CONTACT: 

Margarita Chacon, EPA Region 5, 

Ground Water and Drinking Water 

Branch, at the address given above, by 

telephone at (312) 886–0225, or at 

chacon.margarita@epa.gov. 

Authority: (Section 1413 of the Safe 

Drinking Water Act, as amended, 42 U.S.C. 

3006–2 (1996), and 40 CFR part 142 of the 

National Primary Drinking Water 

Regulations). 

Dated: October 24, 2005. 

Norman Niedergang, 

Acting Regional Administrator, Region 5. 

[FR Doc. 05–21748 Filed 10–31–05; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

Sunshine Act Meeting 

ACTION: Notice of a Partially Open 

Meeting of the Board of Directors of the 

Export-Import Bank of the United 

States. 

TIME AND PLACE: Friday, November 4, 

2005 at 11:30 a.m. The Meeting will be 

held at Ex-Im Bank in Room 1143, 811 

Vermont Avenue, NW., Washington, DC 

20571. 

OPEN AGENDA ITEM: Ex-Im Bank SubSaharan Africa Advisory Committee for 

2006. 

PUBLIC PARTICIPATION: The meeting will 

be open to public participation for Item 

No. 1 only. 

FOR FURTHER INFORMATION CONTACT: For 

further information, contact: Office of 

the Secretary, 811 Vermont Avenue, 

NW., Washington, DC 20571 (Tele. No. 

202–565–3957). 

Howard A. Schweitzer, 

General Counsel (Acting). 

[FR Doc. 05–21860 Filed 10–28–05; 12:58 

pm] 

BILLING CODE 6690–01–M 

FEDERAL RESERVE SYSTEM 

Change in Bank Control Notices; 

Acquisition of Shares of Bank or Bank 

Holding Companies 

The notificants listed below have 

applied under the Change in Bank 

Control Act (12 U.S.C. 1817(j)) and 

§ 225.41 of the Board’s Regulation Y (12 

CFR 225.41) to acquire a bank or bank 

holding company. The factors that are 

considered in acting on the notices are 

set forth in paragraph 7 of the Act (12 

U.S.C. 1817(j)(7)). 

The notices are available for 

immediate inspection at the Federal 

Reserve Bank indicated. The notices 

also will be available for inspection at 

the office of the Board of Governors. 

Interested persons may express their 

views in writing to the Reserve Bank 

indicated for that notice or to the offices 

of the Board of Governors. Comments 

must be received not later than 

November 16, 2005. 

A. Federal Reserve Bank of 

Richmond (A. Linwood Gill, III, Vice 

President) 701 East Byrd Street, 

Richmond, Virginia 23261–4528: 

1. Charles F. Sposato Flint Trust and 

trustee Mark Wayne Saunters, Elkton, 

Maryland; to control voting shares of 

Cecil Bancorp, Inc., Elkton, Maryland, 

and thereby indirectly acquire voting 

shares of Cecil Federal Bank, Elkton, 

Maryland. 

Board of Governors of the Federal Reserve 

System, October 27, 2005. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E5–6024 Filed 10–31–05; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL RESERVE SYSTEM 

Notice of Proposals to Engage in 

Permissible Nonbanking Activities or 

to Acquire Companies that are 

Engaged in Permissible Nonbanking 

Activities 

The companies listed in this notice 

have given notice under section 4 of the 

Bank Holding Company Act (12 U.S.C. 

1843) (BHC Act) and Regulation Y (12 

CFR Part 225) to engage de novo, or to 

acquire or control voting securities or 

assets of a company, including the 

companies listed below, that engages 

either directly or through a subsidiary or 

other company, in a nonbanking activity 

that is listed in § 225.28 of Regulation Y 

(12 CFR 225.28) or that the Board has 

determined by Order to be closely 

related to banking and permissible for 

bank holding companies. Unless 

otherwise noted, these activities will be 

conducted throughout the United States. 

Each notice is available for inspection 

at the Federal Reserve Bank indicated. 

The notice also will be available for 

inspection at the offices of the Board of 

Governors. Interested persons may 

express their views in writing on the 

question whether the proposal complies 

with the standards of section 4 of the 

BHC Act. Additional information on all 

bank holding companies may be 

obtained from the National Information 

Center Web site at www.ffiec.gov/nic/. 

Unless otherwise noted, comments 

regarding the applications must be 

received at the Reserve Bank indicated 

or the offices of the Board of Governors 

not later than November 16, 2005. 

A. Federal Reserve Bank of Atlanta 

(Andre Anderson, Vice President) 1000 

Peachtree Street, NE., Atlanta, Georgia 

30303: 

1. Cornerstone Bancshares, Inc., and 

EFI Acquisition, Inc., both of 

Chattanooga, Tennessee, to acquire 

voting shares of Eagle Financial, LLC 

and Eagle Funding, LLC, both of 

Chattanooga, Tennessee, and thereby 

engage in providing factoring services to 

small business and services as a loan 

broker serving as a facilitator to small 

businesses, pursuant to section 

225.28(b)(1) of Regulation Y. 

Board of Governors of the Federal Reserve 

System, October 27, 2005. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E5–6025 Filed 10–31–05; 8:45 am] 

BILLING CODE 6210–01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Meeting of the Presidential Advisory 

Council on HIV/AIDS 

AGENCY: Department of Health and 

Human Services, Office of the Secretary, 

Office of Public Health and Science. 

ACTION: Notice. 

SUMMARY: As stipulated by the Federal 

Advisory Committee Act, the 

Department of Health and Human 

Services (DHHS) is hereby giving notice 

that the Presidential Advisory Council 

on HIV/AIDS (PACHA) will hold a 

meeting. This meeting is open to the 

public. A description of the Council’s 

functions is included also with this 

notice. 

Date and Time: November 14, 2005, 

8:30 a.m. to 5 p.m. 

ADDRESSES: Department of Health and 

Human Services, Hubert H. Humphrey 

Building, Room 800, 200 Independence 

Ave., SW., Washington, DC 20201. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Grogan, Esq., Executive Director, 

Presidential Advisory Council on HIV/ 

AIDS, Department of Health and Human 

Services, Hubert H. Humphrey Building, 

200 Independence Avenue, SW., Room 

736E, Washington, DC 20201; or visit 

the Council’s Web site at http:// 

www.pacha.gov.