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

12. 110(a)(2)(K) Air quality and 

modeling/data: DEQ has authority 

pursuant to 40 CFR part 51.21 to 

conduct air quality modeling and report 

the results of such modeling to EPA, as 

incorporated by reference in the 

Mississippi Air Pollution Control 

Regulations at Regulation APC–S–5— 

Regulations for the Prevention of 

Significant Deterioration for Air Quality. 

Additionally, Mississippi supports a 

regional effort to coordinate the 

development of emissions inventories 

and conduct regional modeling for 

several NAAQS, including the 1997 

8-hour ozone NAAQS, for the 

Southeastern states. This regulation 

demonstrates that Mississippi has the 

authority to provide relevant data for 

the purpose of predicting the effect on 

ambient air quality of the 8-hour Ozone 

NAAQS. EPA has made the preliminary 

determination that Mississippi’s SIP and 

practices adequately demonstrate the 

DEQ’s ability to provide for air quality 

and modeling, along with analysis of the 

associated data, related to the 1997 8- 

hour ozone NAAQS when necessary. 

13. 110(a)(2)(L) Permitting fees: 

Mississippi addresses the review of 

construction permits as previously 

discussed in 110(a)(2)(C) above. 

Permitting fees are collected through the 

State’s title V fees program, which has 

been federally approved. EPA has made 

the preliminary determination that 

Mississippi’s SIP and practices 

adequately provide for permitting fees 

related to the 1997 8-hour ozone 

NAAQS when necessary. 

14. 110(a)(2)(M) Consultation/ 

participation by affected local entities: 

DEQ coordinates with local 

governments affected by the SIP. 

Specifically, as outlined in Section IV of 

Regulation APC–S–2, Public 

Participation and Public Availability of 

Information, Mississippi requires that 

State and local air pollution control 

agencies be notified of modifications to 

stationary sources or the construction of 

new sources within their region of 

jurisdiction. EPA has made the 

preliminary determination that 

Mississippi’s SIP and practices 

adequately demonstrate consultation 

and participation by affected local 

political subdivisions related to the 

1997 8-hour ozone NAAQS when 

necessary. 

IV. Proposed Action 

As described above, Mississippi has 

addressed the elements of the CAA 

110(a)(1) and (2) SIP requirements 

pursuant to EPA’s October 2, 2007, 

guidance to ensure that the 1997 8-hour 

ozone NAAQS are implemented, 

enforced, and maintained in 

Mississippi. EPA is proposing to 

approve Mississippi’s infrastructure 

submission for the 1997 8-hour ozone 

NAAQS because this submission is 

consistent with section 110 of the 

CAA.EPA is proposing today’s action to 

satisfy the Agency’s statutory 

obligations under section 110(k) of the 

CAA to act upon the state submitted 

plans described herein. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in Mississippi, and EPA notes 

that it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: March 7, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2011–6252 Filed 3–16–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2004–0305; FRL–9282–2] 

RIN 2060–AQ42 

National Emission Standards for 

Hazardous Air Pollutants: Primary 

Lead Smelting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Extension of public comment 

period. 

SUMMARY: On February 17, 2011, EPA 

proposed amendments to the National 

Emission Standards for Hazardous Air 

Pollutants for Primary Lead Smelting 

(76 FR 9410). The EPA is extending the 

deadline for written comments on the 

proposed amendments by 15 days to 

April 19, 2011. The EPA received a 

request for this extension from the Doe 

Run Company, the sole covered facility. 

Doe Run Company requested the 

extension in order to analyze data and 

review the proposed amendments. EPA 

finds this request to be reasonable due 

to the significant changes the proposal 

would make to the current rule. 

DATES: Comments must be received on 

or before April 19, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2004–0305, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS-1

Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules 14637 

• E-mail: a-and-r-docket@epa.gov. 

Attention Docket ID Number EPA–HQ– 

OAR–2004–0305. 

• Fax: (202) 566–9744. Attention 

Docket ID Number EPA–HQ–OAR– 

2004–0305. 

• Mail: U.S. Postal Service, send 

comments to: EPA Docket Center 

(6102T), EPA West (Air Docket), 

Attention Docket ID Number EPA–HQ– 

OAR–2004–0305, U.S. Environmental 

Protection Agency, Mailcode 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. Please include a 

total of two copies. In addition, please 

mail a copy of your comments on the 

information collection provisions to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, Attn: Desk Officer for EPA, 725 

17th St., NW., Washington, DC 20503. 

• Hand Delivery: U.S. Environmental 

Protection Agency, EPA West (Air 

Docket), Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC 20004, 

Attention Docket ID Number EPA–HQ– 

OAR–2004–0305. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. Please 

include a total of two copies. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2004– 

0305. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center, 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 Docket Center is (202) 

566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Questions concerning the proposed rule 

should be addressed to Mr. Nathan 

Topham, Office of Air Quality Planning 

and Standards, Sector Policies and 

Programs Division, Metals and Inorganic 

Chemicals Group (D243–02), 

Environmental Protection Agency, 

Research Triangle Park, NC 27711, 

telephone number: (919) 541–0483; fax 

number: (919) 541–3207; e-mail 

address: topham.nathan@epa.gov. 

SUPPLEMENTARY INFORMATION: For the 

reasons noted above, the public 

comment period will now end on April 

19, 2011. 

How can I get copies of the proposed 

rule and other related information? 

The proposed rule titled, National 

Emission Standards for Hazardous Air 

Pollutants: Primary Lead Smelting, was 

published February 17, 2011 (76 FR 

9410). EPA has established the public 

docket for the proposed rulemaking 

under docket ID No. EPA–HQ–OAR– 

2004–0305, and a copy of the proposed 

rule is available in the docket. We note 

that, since the proposed rule was 

published, additional materials have 

been added to the docket. Information 

on how to access the docket is presented 

above in the ADDRESSES section. 

Dated: March 10, 2011. 

Gina McCarthy, 

Assistant Administrator. 

[FR Doc. 2011–6218 Filed 3–16–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of Inspector General 

42 CFR Part 1007 

[OIG–1203–P] 

State Medicaid Fraud Control Units; 

Data Mining 

AGENCY: Office of Inspector General 

(OIG), HHS. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule amends a 

provision in HHS regulations that 

prohibits State Medicaid Fraud Control 

Units (MFCU) from using Federal 

matching funds to identify fraud 

through screening and analyzing State 

Medicaid claims data, known as data 

mining. To support and modernize 

MFCU efforts to effectively pursue 

Medicaid provider fraud, we propose to 

permit Federal Financial Participation 

(FFP) in the costs of defined data 

mining activities under specified 

conditions. In addition, we propose that 

MFCUs annually report the costs and 

results of approved data mining 

activities to OIG. 

DATES: To ensure consideration, public 

comments must be delivered to the 

address provided below no later than 

5 p.m. on May 16, 2011. 

ADDRESSES: In commenting, please refer 

to file code OIG–1203–P. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 

You may submit comments in one of 

three ways (please choose only one of 

the ways listed): 

1. Electronically. You may submit 

electronic comments on specific 

recommendations and proposals 

through the Federal eRulemaking Portal 

at http://www.regulations.gov. 

(Attachments should be in Microsoft 

Word, if possible.) 

2. By regular, express, or overnight 

mail. You may send written comments 

to the following address: Office of 

Inspector General, Department of Health 

and Human Services, Attention: OIG– 

1203–P, Room 5541, Cohen Building, 

330 Independence Avenue, SW., 

Washington, DC 20201. Please allow 

sufficient time for mailed comments to 

be received before the close of the 

comment period. 

3. By hand or courier. If you prefer, 

you may deliver, by hand or courier, 

your written comments before the close 

of the comment period to Office of 

Inspector General, Department of Health 

and Human Services, Cohen Building, 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS-1