14636 Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules

12. 110(a)(2)(K) Air quality and Mississippi. EPA is proposing to methods, under Executive Order 12898 modeling/data: DEQ has authority approve Mississippi’s infrastructure (59 FR 7629, February 16, 1994). pursuant to 40 CFR part 51.21 to submission for the 1997 8-hour ozone In addition, this proposed rule does conduct air quality modeling and report NAAQS because this submission is not have tribal implications as specified the results of such modeling to EPA, as consistent with section 110 of the by Executive Order 13175 (65 FR 67249, incorporated by reference in the CAA.EPA is proposing today’s action to November 9, 2000), because the SIP is Mississippi Air Pollution Control satisfy the Agency’s statutory not approved to apply in Indian country Regulations at Regulation APC–S–5— obligations under section 110(k) of the located in Mississippi, and EPA notes Regulations for the Prevention of CAA to act upon the state submitted that it will not impose substantial direct Significant Deterioration for Air Quality. plans described herein. costs on tribal governments or preempt Additionally, Mississippi supports a tribal law. V. Statutory and Executive Order regional effort to coordinate the List of Subjects in 40 CFR Part 52 development of emissions inventories Reviews and conduct regional modeling for Under the CAA, the Administrator is Environmental protection, Air several NAAQS, including the 1997 required to approve a SIP submission pollution control, Intergovernmental 8-hour ozone NAAQS, for the that complies with the provisions of the relations, Nitrogen dioxide, Ozone, Southeastern states. This regulation Act and applicable Federal regulations. Reporting and recordkeeping demonstrates that Mississippi has the 42 U.S.C. 7410(k); 40 CFR 52.02(a). requirements, Volatile organic authority to provide relevant data for Thus, in reviewing SIP submissions, compounds. the purpose of predicting the effect on EPA’s role is to approve state choices, Authority: 42 U.S.C. 7401 et seq. ambient air quality of the 8-hour Ozone provided that they meet the criteria of Dated: March 7, 2011. NAAQS. EPA has made the preliminary the CAA. Accordingly, this proposed A. Stanley Meiburg, determination that Mississippi’s SIP and action merely approves state law as Acting Regional Administrator, Region 4. practices adequately demonstrate the meeting Federal requirements and does DEQ’s ability to provide for air quality not impose additional requirements [FR Doc. 2011–6252 Filed 3–16–11; 8:45 am] and modeling, along with analysis of the beyond those imposed by state law. For BILLING CODE 6560–50–P associated data, related to the 1997 8- that reason, this proposed action: hour ozone NAAQS when necessary. • Is not a ‘‘significant regulatory 13. 110(a)(2)(L) Permitting fees: ENVIRONMENTAL PROTECTION action’’ subject to review by the Office AGENCY Mississippi addresses the review of of Management and Budget under construction permits as previously Executive Order 12866 (58 FR 51735, 40 CFR Part 63 discussed in 110(a)(2)(C) above. October 4, 1993); Permitting fees are collected through the • Does not impose an information [EPA–HQ–OAR–2004–0305; FRL–9282–2] State’s title V fees program, which has collection burden under the provisions RIN 2060–AQ42 been federally approved. EPA has made of the Paperwork Reduction Act (44 the preliminary determination that U.S.C. 3501 et seq.); National Emission Standards for Mississippi’s SIP and practices • Is certified as not having a Hazardous Air Pollutants: Primary adequately provide for permitting fees significant economic impact on a Lead Smelting related to the 1997 8-hour ozone substantial number of small entities NAAQS when necessary. AGENCY: Environmental Protection 14. 110(a)(2)(M) Consultation/ under the Regulatory Flexibility Act Agency (EPA). (5 U.S.C. 601 et seq.); participation by affected local entities: • ACTION: Extension of public comment DEQ coordinates with local Does not contain any unfunded period. governments affected by the SIP. mandate or significantly or uniquely Specifically, as outlined in Section IV of affect small governments, as described SUMMARY: On February 17, 2011, EPA Regulation APC–S–2, Public in the Unfunded Mandates Reform Act proposed amendments to the National of 1995 (Pub. L. 104–4); Emission Standards for Hazardous Air Participation and Public Availability of • Information, Mississippi requires that Does not have Federalism Pollutants for Primary Lead Smelting State and local air pollution control implications as specified in Executive (76 FR 9410). The EPA is extending the agencies be notified of modifications to Order 13132 (64 FR 43255, August 10, deadline for written comments on the stationary sources or the construction of 1999); proposed amendments by 15 days to • new sources within their region of Is not an economically significant April 19, 2011. The EPA received a jurisdiction. EPA has made the regulatory action based on health or request for this extension from the Doe preliminary determination that safety risks subject to Executive Order Run Company, the sole covered facility. Mississippi’s SIP and practices 13045 (62 FR 19885, April 23, 1997); Doe Run Company requested the • adequately demonstrate consultation Is not a significant regulatory action extension in order to analyze data and and participation by affected local subject to Executive Order 13211 (66 FR review the proposed amendments. EPA political subdivisions related to the 28355, May 22, 2001); finds this request to be reasonable due • 1997 8-hour ozone NAAQS when Is not subject to requirements of to the significant changes the proposal necessary. Section 12(d) of the National would make to the current rule. Technology Transfer and Advancement DATES: Comments must be received on IV. Proposed Action Act of 1995 (15 U.S.C. 272 note) because or before April 19, 2011. As described above, Mississippi has application of those requirements would ADDRESSES: Submit your comments, addressed the elements of the CAA be inconsistent with the CAA; and identified by Docket ID No. EPA–HQ– 110(a)(1) and (2) SIP requirements • Does not provide EPA with the OAR–2004–0305, by one of the pursuant to EPA’s October 2, 2007, discretionary authority to address, as following methods: guidance to ensure that the 1997 8-hour appropriate, disproportionate human • http://www.regulations.gov: Follow ozone NAAQS are implemented, health or environmental effects, using the on-line instructions for submitting enforced, and maintained in practicable and legally permissible comments.

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• E-mail: [email protected]. Electronic files should avoid the use of DEPARTMENT OF HEALTH AND Attention Docket ID Number EPA–HQ– special characters, any form of HUMAN SERVICES OAR–2004–0305. encryption, and be free of any defects or • Fax: (202) 566–9744. Attention viruses. Office of Inspector General Docket ID Number EPA–HQ–OAR– Docket: All documents in the docket 2004–0305. 42 CFR Part 1007 • Mail: U.S. Postal Service, send are listed in the http:// comments to: EPA Docket Center www.regulations.gov index. Although [OIG–1203–P] listed in the index, some information is (6102T), EPA West (Air Docket), State Medicaid Fraud Control Units; Attention Docket ID Number EPA–HQ– not publicly available, e.g., CBI or other Data Mining OAR–2004–0305, U.S. Environmental information whose disclosure is restricted by statute. Certain other Protection Agency, Mailcode 2822T, AGENCY: Office of Inspector General material, such as copyrighted material, 1200 Pennsylvania Ave., NW., (OIG), HHS. will be publicly available only in hard Washington, DC 20460. Please include a ACTION: Proposed rule. total of two copies. In addition, please copy. Publicly available docket mail a copy of your comments on the materials are available either SUMMARY: This proposed rule amends a information collection provisions to the electronically in http:// provision in HHS regulations that Office of Information and Regulatory www.regulations.gov or in hard copy at prohibits State Medicaid Fraud Control Affairs, Office of Management and the EPA Docket Center, EPA West, Units (MFCU) from using Federal Budget, Attn: Desk Officer for EPA, 725 Room 3334, 1301 Constitution Ave., matching funds to identify fraud 17th St., NW., Washington, DC 20503. NW., Washington, DC. The Public through screening and analyzing State • Hand Delivery: U.S. Environmental Reading Room is open from 8:30 a.m. to Medicaid claims data, known as data Protection Agency, EPA West (Air 4:30 p.m., Monday through Friday, mining. To support and modernize Docket), Room 3334, 1301 Constitution excluding legal holidays. The telephone MFCU efforts to effectively pursue Avenue, NW., Washington, DC 20004, number for the Public Reading Room is Medicaid provider fraud, we propose to Attention Docket ID Number EPA–HQ– (202) 566–1744, and the telephone permit Federal Financial Participation OAR–2004–0305. Such deliveries are number for the Docket Center is (202) (FFP) in the costs of defined data only accepted during the Docket’s 566–1742. mining activities under specified normal hours of operation, and special FOR FURTHER INFORMATION CONTACT: conditions. In addition, we propose that arrangements should be made for MFCUs annually report the costs and deliveries of boxed information. Please Questions concerning the proposed rule should be addressed to Mr. Nathan results of approved data mining include a total of two copies. activities to OIG. Instructions: Direct your comments to Topham, Office of Air Quality Planning Docket ID No. EPA–HQ–OAR–2004– and Standards, Sector Policies and DATES: To ensure consideration, public 0305. EPA’s policy is that all comments Programs Division, Metals and Inorganic comments must be delivered to the received will be included in the public Chemicals Group (D243–02), address provided below no later than docket without change and may be Environmental Protection Agency, 5 p.m. on May 16, 2011. made available online at http:// Research Triangle Park, NC 27711, ADDRESSES: In commenting, please refer www.regulations.gov, including any telephone number: (919) 541–0483; fax to file code OIG–1203–P. Because of personal information provided, unless number: (919) 541–3207; e-mail staff and resource limitations, we cannot the comment includes information address: [email protected]. accept comments by facsimile (FAX) claimed to be Confidential Business transmission. SUPPLEMENTARY INFORMATION: For the You may submit comments in one of Information (CBI) or other information reasons noted above, the public whose disclosure is restricted by statute. three ways (please choose only one of comment period will now end on April Do not submit information that you the ways listed): 19, 2011. consider to be CBI or otherwise 1. Electronically. You may submit protected through http:// How can I get copies of the proposed electronic comments on specific www.regulations.gov or e-mail. The rule and other related information? recommendations and proposals http://www.regulations.gov Web site is through the Federal eRulemaking Portal an ‘‘anonymous access’’ system, which The proposed rule titled, National at http://www.regulations.gov. means EPA will not know your identity Emission Standards for Hazardous Air (Attachments should be in Microsoft or contact information unless you Pollutants: Primary Lead Smelting, was Word, if possible.) provide it in the body of your comment. published February 17, 2011 (76 FR 2. By regular, express, or overnight If you send an e-mail comment directly 9410). EPA has established the public mail. You may send written comments to EPA without going through http:// docket for the proposed rulemaking to the following address: Office of www.regulations.gov, your e-mail under docket ID No. EPA–HQ–OAR– Inspector General, Department of Health address will be automatically captured 2004–0305, and a copy of the proposed and Human Services, Attention: OIG– and included as part of the comment rule is available in the docket. We note 1203–P, Room 5541, Cohen Building, that is placed in the public docket and that, since the proposed rule was 330 Independence Avenue, SW., made available on the Internet. If you published, additional materials have Washington, DC 20201. Please allow submit an electronic comment, EPA been added to the docket. Information sufficient time for mailed comments to recommends that you include your on how to access the docket is presented be received before the close of the name and other contact information in above in the ADDRESSES section. comment period. the body of your comment and with any Dated: March 10, 2011. 3. By hand or courier. If you prefer, disk or CD–ROM you submit. If EPA you may deliver, by hand or courier, cannot read your comment due to Gina McCarthy, your written comments before the close technical difficulties and cannot contact Assistant Administrator. of the comment period to Office of you for clarification, EPA may not be [FR Doc. 2011–6218 Filed 3–16–11; 8:45 am] Inspector General, Department of Health able to consider your comment. BILLING CODE 6560–50–P and Human Services, Cohen Building,

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