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Federal Register / Vol. 70, No.

185 / Monday, September 26, 2005 / Rules and Regulations 56129

PART 5—SECRECY OF CERTAIN Department of Energy) must be ENVIRONMENTAL PROTECTION


INVENTIONS AND LICENSES TO complied with unless a license is not AGENCY
EXPORT AND FILE APPLICATIONS IN required because a United States
FOREIGN COUNTRIES application was on file at the time of 40 CFR Parts 52 and 81
export for at least six months without a [R05–OAR–2005–IN–0004; FRL–7972–6]
■ 20. The authority citation for 37 CFR secrecy order under § 5.2 being placed
part 5 is revised to read as follows: thereon. The term ‘‘exported’’ means Approval and Promulgation of
Authority: 35 U.S.C. 2(b)(2), 41, 181–188, export as it is defined in 22 CFR part Implementation Plans and Designation
as amended by the Patent Law Foreign Filing 120, 15 CFR part 734 and activities of Areas for Air Quality Planning
Amendments Act of 1988, Pub. L. 100–418, covered by 10 CFR part 810. Purposes; Indiana; Lake County Sulfur
102 Stat. 1567; the Arms Export Control Act, Dioxide Regulations, Redesignation
* * * * *
as amended, 22 U.S.C. 2571 et seq.; the
and Maintenance Plan
Atomic Energy Act of 1954, as amended, 42 ■ 22. Section 5.19 is revised to read as
U.S.C. 2011 et seq.; the Nuclear Non follows: AGENCY: Environmental Protection
Proliferation Act of 1978; 22 U.S.C. 3201 et Agency (EPA).
seq.; and the delegations in the regulations § 5.19 Export of technical data.
under these Acts to the Director (15 CFR ACTION: Final rule.
734.3(b)(1)(v), 22 CFR 125.04, and 10 CFR (a) Under regulations (15 CFR
734.3(b)(1)(v)) established by the SUMMARY: EPA is approving a State
810.7), as well as the Export Administration
Act of 1979, 50 U.S.C. app. 2401 et seq.; the Department of Commerce, a license is Implementation Plan (SIP) revision for
International Emergency Economic Powers not required in any case to file a patent the control of sulfur dioxide (SO2)
Act, 50 U.S.C. 1701 et seq.; E.O. 12938, 59 application or part thereof in a foreign emissions in Lake County, Indiana. The
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. country if the foreign filing is in SIP revision submitted by the Indiana
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. accordance with the regulations (§§ 5.11 Department of Environmental
783; Notice of August 2, 2005, 70 FR 45273 Management (IDEM) amends 326
(August 5, 2005).
through 5.25) of the U.S. Patent and
Trademark Office. Indiana Administrative Code (IAC)
■ 21. Section 5.11 is amended by Article 7. Indiana’s revised SO2 rule
(b) An export license is not required consists of changes to 326 IAC 7–4
revising paragraphs (b) and (c) to read for data contained in a patent
as follows: which sets forth facility-specific SO2
application prepared wholly from emission limitations and recordkeeping
§ 5.11 License for filing in a foreign foreign-origin technical data where such requirements for Lake County. The rule
country an application on an invention application is being sent to the foreign revision also reflects updates to
made in the United States or for inventor to be executed and returned to company names, updates to emission
transmitting international application. the United States for subsequent filing limits currently in permits, deletion of
* * * * * in the U.S. Patent and Trademark Office facilities that are already covered by
(b) The license from the (15 CFR 734.10(a)). natural gas limits, and other corrections
Commissioner for Patents referred to in and updates. Due to changes in section
paragraph (a) would also authorize the PART 10—REPRESENTATION OF
OTHERS BEFORE THE PATENT AND numbers, references to citations in other
export of technical data abroad for parts of the rule have also been updated.
purposes relating to the preparation, TRADEMARK OFFICE
EPA is also approving a request to
filing or possible filing and prosecution redesignate the Lake County
of a foreign patent application without ■ 23. The authority citation for 37 CFR nonattainment area to attainment of the
separately complying with the part 10 continues to read as follows: SO2 National Ambient Air Quality
regulations contained in 22 CFR parts Authority: 5 U.S.C. 500; 15 U.S.C. 1123; 35 Standards (NAAQS). In conjunction
121 through 130 (International Traffic in U.S.C. 2, 6, 32, 41. with these actions, EPA is also
Arms Regulations of the Department of approving the maintenance plan for the
State), 15 CFR parts 730–774 ■ 24. Section 10.112 is amended by Lake County nonattainment area to
(Regulations of the Bureau of Industry revising paragraph (a) to read as follows: ensure that attainment of the NAAQS
and Security, Department of Commerce) will be maintained. The SIP revision,
and 10 CFR part 810 (Foreign Atomic § 10.112 Preserving identity of funds and
property of client. redesignation request and maintenance
Energy Programs of the Department of plan are approvable because they satisfy
Energy). (a) All funds of clients paid to a the requirements of the Clean Air Act
(c) Where technical data in the form practitioner or a practitioner’s firm, (Act).
of a patent application, or in any form, other than advances for costs and
are being exported for purposes related expenses, shall be deposited in one or DATES: This final rule is effective on
to the preparation, filing or possible more identifiable bank accounts October 26, 2005.
filing and prosecution of a foreign maintained in the United States or, in ADDRESSES: EPA has established a
patent application, without the license the case of a practitioner having an docket for this action under Regional
from the Commissioner for Patents office in a foreign country or registered Material in EDocket (RME) Docket ID
referred to in paragraphs (a) or (b) of this under § 11.6(c), in the United States or No. R05–OAR–2005–IN–0004. All
section, or on an invention not made in the foreign country. documents in the docket are listed in
the United States, the export regulations * * * * * the RME index at http://docket.epa.gov/
contained in 22 CFR parts 120 through rmepub/, once in the system, select
130 (International Traffic in Arms Dated: September 19, 2005. ‘‘quick search,’’ then key in the
Regulations of the Department of State), Jon W. Dudas, appropriate RME Docket identification
15 CFR parts 730–774 (Bureau of Under Secretary of Commerce for Intellectual number. Although listed in the index,
Industry and Security Regulations, Property and Director of the United States some information is not publicly
Department of Commerce) and 10 CFR Patent and Trademark Office. available, i.e., Confidential Business
part 810 (Assistance to Foreign Atomic [FR Doc. 05–19128 Filed 9–23–05; 8:45 am] Information (CBI) or other information
Energy Activities Regulations of the BILLING CODE 3510–16–P whose disclosure is restricted by statute.

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56130 Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Rules and Regulations

Certain other material, such as SO2 nonattainment area met the Executive Order 13211: Actions
copyrighted material, is not placed on requirements of the Act. The revised Concerning Regulations That
the Internet and will be publicly rules amend SO2 requirements for many Significantly Affect Energy Supply,
available only in hard copy form. sources in the nonattainment area, and Distribution, or Use
Publicly available docket materials are reflect a reduction of over 30,000 tons
available either electronically in RME or of SO2 per year of allowable emissions Because it is not a ‘‘significant
in hard copy at the Environmental compared to the emission limits in the regulatory action’’ under Executive
Protection Agency, Region 5, Air and previously approved 1989 SIP. The SIP Order 12866 or a ‘‘significant energy
Radiation Division, 77 West Jackson revision provides for attainment and action,’’ this action is also not subject to
Boulevard, Chicago, Illinois 60604. We maintenance of the SO2 NAAQS and Executive Order 13211, ‘‘Actions
recommend that you telephone Christos satisfies the requirements of part D of Concerning Regulations That
Panos, Environmental Engineer, at (312) the Act applicable to SO2 nonattainment Significantly Affect Energy Supply,
353–8328 before visiting the Region 5 areas. Further, EPA proposed to approve Distribution, or Use’’ (66 FR 28355, May
office. This Facility is open from 8:30 the maintenance plan and redesignation 22, 2001).
a.m. to 4:30 p.m., Monday through of the Lake County SO2 nonattainment Regulatory Flexibility Act
Friday, excluding legal holidays. area to attainment because the State has
FOR FURTHER INFORMATION CONTACT: met the redesignation and maintenance This action merely approves state law
Christos Panos, Environmental plan requirements of the Act. A more as meeting federal requirements and
Engineer, Criteria Pollutant Section, Air detailed explanation of how the State’s imposes no additional requirements
Programs Branch (AR–18J), U.S. submittal meets these requirements is beyond those imposed by state law.
Environmental Protection Agency, contained in our July 29, 2005 proposal. Accordingly, the Administrator certifies
Region 5, 77 West Jackson Boulevard, that this rule will not have a significant
Chicago, Illinois 60604, (312) 353–8328. II. What Comments Did We Receive on economic impact on a substantial
panos.christos@epa.gov. the Proposed Action? number of small entities under the
SUPPLEMENTARY INFORMATION: EPA provided a 30-day review and Regulatory Flexibility Act (5 U.S.C. 601
Throughout this document whenever comment period on the proposal et seq.).
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean published in the Federal Register on Unfunded Mandates Reform Act
EPA. This supplemental information July 29, 2005 (70 FR 43820). We
section is arranged as follows: received no comments on our proposed Because this rule approves pre-
I. What Is the Background for This Action? rulemaking. existing requirements under state law
II. What Comments Did We Receive on the and does not impose any additional
III. What Action Is EPA Taking Today?
Proposed Action? enforceable duty beyond that required
III. What Action Is EPA Taking Today? EPA is approving the SIP revision for by state law, it does not contain any
IV. Statutory and Executive Order Reviews the control of SO2 emissions in Lake unfunded mandate or significantly or
County, Indiana, as requested by the uniquely affect small governments, as
I. What Is the Background for This
State on April 8, 2005, and described in the Unfunded Mandates
Action?
supplemented on July 6, 2005. The Reform Act of 1995 (Pub. L. 104–4).
On July 29, 2005 (70 FR 43820) EPA revision consists of the amended rule at
proposed to approve into the Indiana 326 Indiana Administrative Code (IAC) Executive Order 13175: Consultation
SIP SO2 emission limitations applicable Article 7. In this rule, the requirements and Coordination With Indian Tribal
in Lake County, Indiana. Specifically, in the Table in 326 IAC 7–4–1.1 have Governments
EPA proposed to approve amendments been divided into separate sections for This rule also does not have tribal
to rules 326 IAC 7–1.1–1, 326 IAC 7– each facility for clarity and ease of implications because it will not have a
1.1–2, 326 IAC 7–2–1, and newly future rule actions. The new rule, 326
created 326 IAC 7–4.1. The revised rules substantial direct effect on one or more
IAC 7–4.1, replaces 326 IAC 7–4–1.1, Indian tribes, on the relationship
were adopted by the Indiana Air which will be repealed. Because the
Pollution Control Board on March 2, between the Federal Government and
State has complied with the Indian tribes, or on the distribution of
2005, and were submitted by IDEM to requirements of section 107(d)(3)(E) of
EPA on April 8, 2005. IDEM submitted power and responsibilities between the
the Act, EPA is also approving the Federal Government and Indian tribes,
a supplement to its submission on July redesignation of the Lake County
6, 2005, indicating that the revised rules as specified by Executive Order 13175
nonattainment area to attainment of the (65 FR 67249, November 9, 2000).
became effective June 24, 2005, and SO2 NAAQS, as requested by the State
were published in the Indiana Register on June 21, 2005. In conjunction with Executive Order 13132: Federalism
on July 1, 2005. EPA proposed to these actions, EPA is also approving
approve the SO2 redesignation request This action also does not have
Indiana’s maintenance plan for the Lake Federalism implications because it does
submitted by the State of Indiana on County SO2 nonattainment area as a SIP
June 21, 2005 to redesignate the Lake not have substantial direct effects on the
revision because it meets the states, on the relationship between the
County SO2 nonattainment area to requirements of section 175A of the Act.
attainment of the SO2 NAAQS. IDEM national government and the states, or
submitted a supplement to its IV. Statutory and Executive Order on the distribution of power and
submission on August 11, 2005, Reviews responsibilities among the various
indicating that the State’s public levels of government, as specified in
Executive Order 12866: Regulatory Executive Order 13132 (64 FR 43255,
comment period concluded on July 29,
Planning and Review August 10, 1999). This action merely
2005, and that no comments were
received. Finally, EPA proposed to Under Executive Order 12866 (58 FR approves a state rule implementing a
approve the maintenance plan 51735, October 4, 1993), this action is federal standard, and does not alter the
submitted for this area. not a ‘‘significant regulatory action’’ and relationship or the distribution of power
EPA proposed this action because the therefore is not subject to review by the and responsibilities established in the
State’s submittal for the Lake County Office of Management and Budget. Clean Air Act.

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Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Rules and Regulations 56131

Executive Order 13045: Protection of appropriate circuit by November 25, County. The rule revision also reflects
Children From Environmental Health 2005. Filing a petition for updates to company names, updates to
and Safety Risks reconsideration by the Administrator of emission limits currently in permits,
This rule also is not subject to this final rule does not affect the finality deletion of facilities that are already
Executive Order 13045 ‘‘Protection of of this rule for the purposes of judicial covered by natural gas limits, and other
Children from Environmental Health review nor does it extend the time corrections and updates. Due to changes
Risks and Safety Risks’’ (62 FR 19885, within which a petition for judicial in section numbers, references to
April 23, 1997), because it is not review may be filed, and shall not citations in other parts of the rule have
economically significant. postpone the effectiveness of such rule also been updated.
or action. This action may not be (i) Incorporation by reference.
National Technology Transfer challenged later in proceedings to
Advancement Act (A) Amendments to Indiana
enforce its requirements. (See Section
Administrative Code Title 326: Air
In reviewing SIP submissions, EPA’s 307(b)(2).)
Pollution Control Board, Article 7
role is to approve state choices, List of Subjects SULFUR DIOXIDE RULES, Rule 1.1
provided that they meet the criteria of
40 CFR Part 52 Sulfur Dioxide Emission Limitations,
the Clean Air Act. In this context, in the
sections 326 IAC 7–1.1–1,
absence of a prior existing requirement Environmental protection, Air ‘‘Applicability’’, 326 IAC 7–1.1–2
for the state to use voluntary consensus pollution control, Incorporation by ‘‘Sulfur Dioxide Emission Limitations’’,
standards (VCS), EPA has no authority reference, Intergovernmental relations, and 326 IAC 7–2–1 ‘‘Reporting
to disapprove a SIP submission for Reporting and recordkeeping Requirements: Methods to Determine
failure to use VCS. It would thus be requirements, Sulfur oxides. Compliance’’; newly created 326 IAC 7–
inconsistent with applicable law for
EPA, when it reviews a SIP submission, 40 CFR Part 81 4.1, ‘‘Lake County Sulfur Dioxide
to use VCS in place of a SIP submission Emission Limitations’’, adopted by the
Air pollution control, National parks, Indiana Air Pollution Control Board on
that otherwise satisfies the provisions of Wilderness areas.
the Clean Air Act. Thus, the March 2, 2005. Filed with the Secretary
Dated: September 13, 2005. of State May 25, 2005, effective June 24,
requirements of section 12(d) of the
Bharat Mathur, 2005.
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. Acting Regional Administrator, Region 5.
■ 3. Section 52.795 is amended by
272 note) do not apply. ■ For the reasons stated in the preamble, adding a new paragraph (h) to read as
part 52, chapter I, of title 40 of the Code follows:
Paperwork Reduction Act of Federal Regulations is amended as
This rule does not impose an follows: § 52.795 Control strategy: sulfur dioxide.
information collection burden under the * * * * *
provisions of the Paperwork Reduction PART 52—[AMENDED]
(h) Approval—On June 21, 2005, and
Act of 1995 (44 U.S.C. 3501 et seq.). ■ 1. The authority citation for part 52 as supplemented on August 11, 2005,
Congressional Review Act continues to read as follows: the State of Indiana submitted a request
Authority: 42 U.S.C. 7401 et seq. to redesignate the Lake County sulfur
The Congressional Review Act, 5
dioxide (SO2) nonattainment area to
U.S.C. 801 et seq., as added by the Small
Subpart P—Indiana attainment of the NAAQS. In its
Business Regulatory Enforcement
submittal, the State also requested that
Fairness Act of 1996, generally provides ■ 2. Section 52.770 is amended by EPA approve the maintenance plan for
that before a rule may take effect, the adding paragraph (c)(172) to read as the area into the Indiana SO2 SIP. The
agency promulgating the rule must follows: redesignation request and maintenance
submit a rule report, which includes a
§ 52.770 Identification of plan. plan satisfy all applicable requirements
copy of the rule, to each House of the
of the Clean Air Act.
Congress and to the Comptroller General * * * * *
of the United States. EPA will submit a (c) * * * PART 81—DESIGNATION OF AREAS
report containing this rule and other (172) On April 8, 2005, and as FOR AIR QUALITY PLANNING
required information to the U.S. Senate, supplemented on July 6, 2005, Indiana PURPOSES
the U.S. House of Representatives, and submitted a State Implementation Plan
the Comptroller General of the United (SIP) revision for the control of sulfur
■ 1. The authority citation for part 81
States prior to publication of the rule in dioxide (SO2) emissions in Lake County,
continues to read as follows:
the Federal Register. A major rule Indiana. The SIP revision submitted by
cannot take effect until 60 days after it the Indiana Department of Authority: 42 U.S.C. 7401 et seq.
is published in the Federal Register. Environmental Management (IDEM) ■ 2. Section 81.315 is amended by
This action is not a ‘‘major rule’’ as amends 326 Indiana Administrative revising the entry for Lake County in the
defined by 5 U.S.C. 804(2). Code (IAC) Article 7. Indiana’s revised table entitled ‘‘Indiana—SO2’’ to read as
Under Section 307(b)(1) of the Clean SO2 rule consists of changes to 326 IAC follows:
Air Act, petitions for judicial review of 7–4 which sets forth facility-specific
this action must be filed in the United SO2 emission limitations and § 81.315 Indiana.
States Court of Appeals for the recordkeeping requirements for Lake * * * * *

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56132 Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Rules and Regulations

INDIANA—SO2
Does not meet Does not meet Better than
Cannot be
Designated area primary secondary national
classified
standards standards standards

* * * * * * * *
Lake County ..................................................................................................... ........................ ........................ ........................ X

* * * * * * * *

* * * * * E-mail: shurr.kris@epa.gov. 3. Mail: Kris A. Why are revisions to state programs


[FR Doc. 05–19065 Filed 9–23–05; 8:45 am] Shurr, 8P–HW, U.S. EPA, Region 8, 999 necessary?
BILLING CODE 6560–50–P 18th St, Ste. 300, Denver, Colorado States that have received final
80202–2466, phone number: (303) 312– authorization from EPA under RCRA
6139. 4. Hand Delivery or Courier: to Section 3006(b), 42 U.S.C. 6926(b), must
ENVIRONMENTAL PROTECTION Kris Shurr, 8P–HW, U.S. EPA, Region 8, maintain a hazardous waste program
AGENCY 999 18th St, Ste 300, Denver, Colorado equivalent to, consistent with, and no
80202–2466, phone number: (303) 312– less stringent than the Federal program.
40 CFR Part 271 6139. As the Federal program changes, States
[FRL–7974–3] Instructions: Do not submit must change their programs and ask
information that you consider to be CBI EPA to authorize their changes. Changes
North Dakota: Final Authorization of or otherwise protected through to State programs may be necessary
State Hazardous Waste Management regulations.gov, or e-mail. The Federal when Federal or State statutory or
Program Revision regulations.gov website is an regulatory authority is modified or
‘‘anonymous access’’ system which when certain other changes occur. Most
AGENCY: Environmental Protection means EPA will not know your identity
Agency (EPA). commonly, States must change their
or contact information unless you programs because of changes to EPA’s
ACTION: Immediate final rule. provide it in the body of your comment. regulations in 40 Code of Federal
If you send an e-mail comment directly Regulations (CFR) parts 124, 260
SUMMARY: North Dakota has applied to
to EPA without going through through 266, 268, 270, 273 and 279.
EPA for Final authorization of changes
regulations.gov, your e-mail address
to its hazardous waste program under B. What decisions have we made in this
will be automatically captured and
the Resource Conservation and rule?
included as part of the comment that is
Recovery Act (RCRA). EPA has
placed in the public docket and made We conclude that North Dakota’s
determined that these changes satisfy all
available on the Internet. If you submit application to revise its authorized
requirements for Final authorization
an electronic comment, EPA program meets all of the statutory and
and is authorizing the State’s changes
recommends that you include your regulatory requirements established by
through this immediate Final action.
name and other contact information in RCRA. Therefore, we grant North Dakota
EPA is publishing this rule to authorize
the body of your comment and with any Final authorization to operate its
the changes without a prior proposed
disk or CD–ROM you submit. If EPA hazardous waste program with the
rule because we believe this action is
cannot read your comment due to changes described in the authorization
not controversial. Unless we get written
technical difficulties and cannot contact application. North Dakota has
comments opposing this authorization
you for clarification, EPA may not be responsibility for permitting Treatment,
during the comment period, the
able to consider your comment. Storage, and Disposal Facilities (TSDFs)
decision to authorize North Dakota’s
Electronic files should avoid the use of within its borders, except in Indian
changes to their hazardous waste
special characters, any form of country, and for carrying out those
program will take effect as provided
encryption, and be free of any defects or portions of the RCRA program described
below. If we receive comments that
viruses. in its revised program application,
oppose this action, we will publish a
document in the Federal Register You can view and copy North subject to the limitations of the
withdrawing this rule before it takes Dakota’s application at the following Hazardous and Solid Waste
effect. A separate document in the addresses: NDDH from 9 a.m. to 4 p.m., Amendments of 1984 (HSWA). New
proposed rules section of this Federal 1200 Missouri Ave, Bismarck, ND Federal requirements and prohibitions
Register will serve as the proposal to 58504–5264, contact: Curt Erickson, imposed by Federal regulations that
authorize the State’s changes. phone number (701) 328–5166 and EPA EPA promulgates under the authority of
Region 8, from 8 a.m. to 3 p.m., 999 18th HSWA take effect in authorized States
DATES: We must receive your comments before they are authorized for the
Street, Suite 300, Denver, CO 80202–
by October 26, 2005. Unless EPA 2466, contact: Kris Shurr, phone requirements. Thus, EPA will
receives comments that oppose this number: (303) 312–6139, e-mail: implement those requirements and
action, this Final authorization approval shurr.kris@epa.gov. prohibitions in North Dakota, including
will become effective without further issuing permits, until North Dakota is
notice on November 25, 2005. FOR FURTHER INFORMATION CONTACT: Kris
authorized to do so.
ADDRESSES: Submit your comments by Shurr, EPA Region 8, 999 18th Street,
one of the following methods: 1. Federal Suite 300, Denver, Colorado 80202– C. What is the effect of today’s
eRulemaking Portal: http:// 2466, phone number: (303) 312–6139, e- authorization decision?
www.regulations.gov. Follow the on-line mail: shurr.kris@epa.gov. The effect of this decision is that
instructions for submitting comments. 2. SUPPLEMENTARY INFORMATION: facilities in North Dakota subject to

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