65898 Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Notices 

Gulf of Mexico coast (off the coast of 

Florida). The U.S. Department of 

Interior’s Minerals Management Service 

retained the responsibility for regulating 

air pollution from sources located in the 

western Gulf of Mexico. To comply with 

the requirements of section 328 of the 

CAA, EPA, on September 4, 1992 at 57 

FR 40792, promulgated regulations to 

control air pollution from OCS sources 

in order to attain and maintain Federal 

and State ambient air quality standards 

and to comply with the provisions of 

part C of title I of the CAA. Sources 

located within 25 miles of a State’s 

seaward boundary must comply with 

the same State/local air pollution 

control requirements as would be 

applicable if the source were located in 

the corresponding onshore area. Sources 

located more than 25 miles from a 

State’s seaward boundary must comply 

with EPA air pollution control 

regulations. The regulations are codified 

as part 55 of chapter I of title 40 of the 

Code of Federal Regulations (CFR). On 

September 2, 1997, EPA made two 

court-ordered revisions to the 

regulations. The need and authority for 

this information collection is contained 

in section 328 of the CAA and in EPA 

OCS Air Regulations, codified as title 40 

CFR part 55. The way such information 

is planned to be and/or has been used 

to further the proper performance of the 

functions of the agency is through the 

Administrator who must update the 

requirements as necessary to maintain 

consistency with onshore regulations. 

Each requirement established under 

section 328 is treated, for purposes of 

sections 113 (Federal Enforcement), 114 

(Inspections, Monitoring, and Entry), 

116 (Retention of State Authority), 120 

(Noncompliance Authority), and 304 

(Citizen Suits) of the CAA, as a standard 

under section 111 and a violation of any 

such requirements will be considered a 

violation of section 111(e) of the CAA. 

Responses to the collection of 

information are voluntary. 

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 and are 

identified on the form and/or 

instrument, if applicable. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 549 hours per 

response. 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. This 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. 

Respondents/Affected Entities: 

Entities potentially affected by this 

action are all outer continental shelf 

sources except those located in the Gulf 

of Mexico west of 87.5 degrees 

longitude (near the border of Florida 

and Alabama). For sources located 

within 25 miles of States’ seaward 

boundaries, the requirements are the 

same as those that would be applicable 

if the source were located in the 

corresponding onshore area. In States 

affected by this rule, State boundaries 

extend three miles from the coastline, 

except off the coast of the Florida 

Panhandle, where the State’s boundary 

extends three leagues (about nine miles) 

from the coastline. 

Estimated Number of Respondents: 

49. 

Frequency of Response: On occasion. 

Estimated Total Annual Hour Burden: 

34,024. 

Estimated Total Annual Cost: 

$1,858,350, which includes $0 

annualized capital/startup costs, 

$17,886 annual O&M costs, and 

$1,840,464 annual labor costs. 

Changes in the Estimates: There is an 

increase of 375 hours in the total 

estimated burden currently identified in 

the OMB Inventory of Approved ICR 

Burdens. This increase is due to two 

main factors: 

• Minerals Management Service has 

projected an increase in the number of 

Outer Continental Shelf existing 

development/production sources in 

need of equipment modifications over 

the course of the next three years, which 

is significantly greater than estimates at 

the time of the original and past ICR. 

Although there is an increase in 

modifications on existing sources, there 

are no new sources of development/ 

production and, therefore, no capital 

cost burden. As a result, the total 

burden shows a reduction in cost when 

compared to the previous ICR burden. 

• Adjustments to the estimate are in 

2005 dollars. 

Dated: October 24, 2005. 

Oscar Morales, 

Director, Collection Strategies Division. 

[FR Doc. 05–21763 Filed 10–31–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[Regional Docket No. V–2004–5, FRL–7991–

9] 

Clean Air Act Operating Permit 

Program; Petition for Objection to 

State Operating Permits for Midwest 

Generation Waukegan Station 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of final orders on 

petitions to object to a state operating 

permit. 

SUMMARY: This document announces 

that the EPA Administrator has 

responded to a citizen petition asking 

EPA to object to an operating permit 

proposed by the Illinois Environmental 

Protection Agency (IEPA). Specifically, 

the Administrator has partially granted 

and partially denied the petition 

submitted by the Lake County 

Conservation Alliance to object to the 

proposed operating permit for the 

Midwest Generation Waukegan station. 

Pursuant to section 505(b)(2) of the 

Clean Air Act (Act), Petitioner may seek 

judicial review in the United States 

Court of Appeals for the appropriate 

circuit of those portions of the petition 

which EPA denied. Any petition for 

review shall be filed within 60 days 

from the date this notice appears in the 

Federal Register, pursuant to section 

307 of the Act. 

ADDRESSES: You may review copies of 

the final orders, the petitions, and other 

supporting information at the EPA 

Region 5 Office, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. If 

you wish to examine these documents, 

you should make an appointment at 

least 24 hours before visiting day. 

Additionally, the final order for the 

Midwest Generation Waukegan station 

is available electronically at: http:// 

www.epa.gov/region07/programs/artd/ 

air/title5/petitiondb/ 

petitiondb2004.htm. 

FOR FURTHER INFORMATION CONTACT: 

Pamela Blakley, Chief, Air Permitting 

Section, Air Programs Branch, Air and 

Radiation Division, EPA, Region 5, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604, telephone (312) 886–

4447. 

SUPPLEMENTARY INFORMATION: The Act 

affords EPA a 45-day period to review, 

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,