13514 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Rules and Regulations 

1Chemical Manufacturing Process Unit. 

EPA–APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation [former SIP citation] 

5–130–50 .......... Forest Management and Agricultural Practices.3/18/09 3/14/11 [Insert page number 

where the document begins].

Formerly 5–40–5631. 

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* * * * * 

[FR Doc. 2011–5625 Filed 3–11–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2008–0334; FRL–9279–8] 

RIN 2060–AQ89 

National Emission Standards for 

Hazardous Air Pollutants for Chemical 

Manufacturing Area Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is issuing this final rule 

to stay the requirement for certain 

affected sources to comply with the title 

V permit program during the pendency 

of the reconsideration process. On June 

15, 2010, EPA notified Petitioners that 

the Agency intended to initiate the 

reconsideration process in response to 

their request for reconsideration of 

certain provisions in the National 

Emission Standards for Hazardous Air 

Pollutants for Chemical Manufacturing 

Area Sources. Among the provisions 

EPA is reconsidering is a requirement 

that certain affected sources obtain a 

permit. 

On December 14, 2010, EPA issued a 

90-day stay of the requirement for 

certain affected sources to comply with 

the title V permit program. Because we 

believed that the reconsideration 

process would not be completed within 

90 days, we concurrently proposed to 

stay the provision requiring certain 

sources to obtain a permit until the final 

reconsideration rule is published in the 

Federal Register. After considering the 

comments received, EPA is 

promulgating the stay of compliance 

through this final rule. 

DATES: This final rule is effective on 

March 14, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2008–0334. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov, or in hard copy at 

the EPA Docket Center, Public Reading 

Room, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Nick Parsons, Office of Air Quality 

Planning and Standards, Sector Policies 

and Programs Division, Refining and 

Chemicals Group (E143–01), 

Environmental Protection Agency, 

Research Triangle Park, NC 27711; 

telephone number: (919) 541–5372; fax 

number: (919) 541–0246; e-mail address: 

parsons.nick@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The EPA published final National 

Emission Standards for Hazardous Air 

Pollutants for Chemical Manufacturing 

Area Sources (CMAS) on October 29, 

2009. 40 CFR part 63, subpart VVVVVV 

(74 FR 56008). Included in the final rule 

was a new provision that stated ‘‘[a]ny 

source that was a major source and 

installed a control device on a CMPU 1

after November 15, 1990, and, as a 

result, became an area source under 40 

CFR part 63 is required to obtain a 

permit under 40 CFR part 70 or 40 CFR 

part 71.’’ See 40 CFR 63.11494(e). 

On February 12, 2010, the American 

Chemistry Council and the Society of 

Chemical Manufacturers and Affiliates 

(collectively referred to as ‘‘Petitioners’’) 

sought reconsideration of six provisions 

in the final rule, including the provision 

requiring certain sources to obtain a title 

V permit. On June 15, 2010, EPA 

notified Petitioners that the Agency 

intended to initiate the reconsideration 

process. EPA also separately notified 

Petitioners that the provision requiring 

certain sources to obtain a title V permit 

was among the provisions for which 

EPA would grant reconsideration. 

By letter dated October 28, 2010, 

Petitioners requested a stay of the 

requirement to comply with the title V 

permit program, specifically the 

requirement to submit a title V permit 

application, pending completion of the 

reconsideration process. Petitioners 

stated in their letter that they were 

requesting the stay because EPA has yet 

to initiate the reconsideration process, 

and, ‘‘under one interpretation of EPA’s 

[40 CFR part 70 and 40 CFR part 71] 

regulations, existing sources must file 

Title V permit applications [by] October 

29, 2010.’’ Petitioners maintained that it 

would be unreasonable and inequitable 

to require facilities to prepare and 

submit title V applications at the same 

time that EPA is reconsidering the 

requirement to obtain a title V permit. 

On December 14, 2010, we issued a 

90-day stay of the requirement for 

certain sources to obtain a title V 

permit, and we concurrently proposed 

extending the stay beyond the 90-day 

period until the reconsideration process 

is completed (75 FR 77760 and 75 FR 

77799). As explained in the proposal 

notice, we proposed the stay because 

facilities had no chance to comment on 

this new requirement in the final rule, 

and because we are reconsidering the 

title V permitting requirement. 

Furthermore, because we cannot prejudge the outcome of the 

reconsideration process, we stated that 

a limited stay during the duration of the 

administrative reconsideration process 

is appropriate so that sources are not 

incurring the cost associated with 

applying for a title V permit in advance 

of our final decision on the issue. 

II. What action is EPA taking? 

We are issuing a stay of the provision 

in 40 CFR 63.11494(e) that requires 

‘‘[a]ny source that was a major source 

and installed a control device on a 

CMPU after November 15, 1990, and, as 

a result, became an area source under 

40 CFR part 63 is required to obtain a 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Rules and Regulations 13515 

permit under 40 CFR part 70 or 40 CFR 

part 71’’ until the final reconsideration 

rule is published in the Federal 

Register. 

III. What are the major comments and 

responses to those comments? 

We received five comments in 

support of the proposed stay. In 

addition, four of the commenters also 

provided comments objecting to EPA 

finalizing the title V permit requirement 

as part of our reconsideration. Because 

we received no adverse comment on the 

proposed stay of the title V permitting 

requirement, we are taking final action 

to extend the stay until the final 

reconsideration rule is published in the 

Federal Register. This action deals only 

with the stay. We will discuss and 

request comment on the title V 

permitting issue in the forthcoming 

reconsideration notice. 

IV. What are the changes since 

proposal? 

No changes have been made to the 

proposed stay (75 FR 77799). Thus, the 

final rule is identical to the proposed 

rule. 

V. What are the impacts of the final 

rule? 

The stay will not change the 

estimated environmental and cost 

impacts of the rule because it does not 

apply to the control requirements in the 

rule. However, the burden associated 

with conducting activities related to 

preparing permit applications will, at a 

minimum, be delayed for the duration 

of the stay. 

VI. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), and Executive 

Order 13563 (76 FR 3821, January 21, 

2011), this action is not a ‘‘significant 

regulatory action,’’ and, therefore, is not 

subject to review by the Office of 

Management and Budget. For this 

reason, this action is also not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). In addition, this action does 

not impose any enforceable duty or 

contain any unfunded mandate as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4), or 

require prior consultation with State 

officials, as specified by Executive 

Order 12875 (58 FR 58093, October 28, 

1993), or involve special consideration 

of environmental justice related issues, 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). 

Pursuant to the Regulatory Flexibility 

Act, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

This final rule will not impose any new 

requirements on small entities. This 

action also does not have Tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian Tribes, on the relationship 

between the Federal government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian Tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

The requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This action does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501, et seq.). EPA’s compliance 

with these statutes and Executive 

Orders for the underlying rule is 

discussed in the October 29, 2009, 

Federal Register document. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801, et seq., as added by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that, before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this notice and other 

required information to the United 

States Senate, the United States House 

of Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. The stay of these 

particular provisions in 40 CFR part 63, 

subpart VVVVVV is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). This rule 

will be effective March 14, 2011. 

List of Subjects in 40 CFR Part 63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Reporting and 

recordkeeping requirements. 

Dated: March 8, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 63—[AMENDED] 

■ 1. The authority citation for part 63 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

§ 63.11494 [STAYED IN PART] 

■ 2. In § 63.11494, paragraph (e) is 

stayed from March 14, 2011, until 

further notice. 

[FR Doc. 2011–5778 Filed 3–11–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 413 

[CMS–1430–IFC] 

RIN 0938–AQ92 

Medicare Program; Revisions to the 

Reductions and Increases to Hospitals’ 

FTE Resident Caps for Graduate 

Medical Education Payment Purposes 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Interim final rule with comment 

period. 

SUMMARY: This interim final rule with 

comment period implements section 

203 of the Medicare and Medicaid 

Extenders Act of 2010 relating to the 

treatment of teaching hospitals that are 

members of the same Medicare graduate 

medical education affiliated groups for 

the purpose of determining possible 

full-time equivalent resident cap 

reductions. 

DATES: Effective Date: These regulations 

are effective on March 14, 2011. 

Comment Date: To be assured 

consideration, comments must be 

received at one of the addresses 

provided below, no later than 5 p.m. on 

April 13, 2011. 

ADDRESSES: In commenting, please refer 

to file code CMS–1430–IFC. Because of 

staff and resource limitations, we cannot 

WReier-Aviles on DSKGBLS3C1PROD with RULES