Federal Register / Vol. 75, No. 128 / Tuesday, July 6, 2010 / Rules and Regulations 38745 

(2) The number of collection boxes at 

the end of the reported fiscal year; 

(3) The number of collection boxes 

removed during the reported fiscal year; 

and 

(4) The number of collection boxes 

added to new locations during the 

reported fiscal year. 

(d) The average customer wait time in 

line for retail service shall be reported. 

Data shall be provided for the beginning 

of the reported fiscal year and for the 

close of each successive fiscal quarter at 

the Postal Administrative Area and 

National levels. 

§ 3055.92 Customer Experience 

Measurement Surveys. 

(a) The report shall include a copy of 

each type of Customer Experience 

Measurement instrument, or any similar 

instrument that may supersede the 

Customer Experience Measurement 

instrument used in the preceding fiscal 

year. 

(b) The report shall include 

information obtained from each type of 

Customer Experience Measurement 

instrument, or any similar instrument 

that may supersede the Customer 

Experience Measurement instrument 

including: 

(1) A description of the customer type 

targeted by the survey; 

(2) The number of surveys initiated 

and the number of surveys received; and 

(3) Where the question asked is 

subject to a multiple choice response, 

the number of responses received for 

each question, disaggregated by each of 

the possible responses. 

[FR Doc. 2010–16178 Filed 7–2–10; 8:45 am] 

BILLING CODE 7710–FW–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2010–0156; FRL–9170–6] 

Approval and Promulgation of 

Implementation Plans; State of Iowa 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is approving a 

revision to the Iowa State 

Implementation Plan (SIP). The purpose 

of this revision is to update the Polk 

County Board of Health Rules and 

Regulations, Chapter V, Air Pollution. 

These revisions reflect updates to the 

Iowa statewide rules previously 

approved by EPA and will ensure 

consistency between the applicable 

local agency rules and Federallyapproved rules. This rulemaking also 

ensures Federal enforceability of the 

applicable parts of the local agency’s 

‘‘Air Pollution’’ rules. 

DATES: This direct final rule will be 

effective September 7, 2010, without 

further notice, unless EPA receives 

adverse comment by August 5, 2010. If 

adverse comment is received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2010–0156, by one of the 

following methods: 

1. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: casburn.tracey@epa.gov. 

3. Mail or Hand Delivery: Tracey 

Casburn, Environmental Protection 

Agency, Air Planning and Development 

Branch, 901 North 5th Street, Kansas 

City, Kansas 66101. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2010– 

0156. 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 through http:// 

www.regulations.gov or e-mail 

information that you consider to be CBI 

or otherwise protected. 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 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI 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 in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

901 North 5th Street, Kansas City, 

Kansas 66101. The Regional Office’s 

official hours of business are Monday 

through Friday, 8 to 4:30 excluding 

Federal holidays. The interested persons 

wanting to examine these documents 

should make an appointment with the 

office at least 24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Tracey Casburn at (913) 551–7016, or by 

e-mail at casburn.tracey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ or 

‘‘our’’ refer to EPA. This section provides 

additional information by addressing 

the following questions: 

I. What is being addressed in this document? 

II. What revisions is EPA approving? 

III. What action is EPA taking? 

IV. What action is EPA not taking? 

V. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

The State requested EPA approval of 

the 2009 revisions to the local agency’s 

Rules and Regulations, Chapter V, ‘‘Air 

Pollution,’’ as a revision to the SIP. In 

order for the local program’s ‘‘Air 

Pollution’’ rules to be incorporated into 

the Federally-enforceable SIP, on behalf 

of the local agency, the State must 

submit the formally adopted regulations 

and control strategies, which are 

consistent with State and Federal 

requirements, to EPA for inclusion in 

the SIP. The regulation adoption process 

generally includes public notice of a 

public comment period and a public 

hearing, and formal adoption of the rule 

by the State authorized rulemaking 

body. In this case that rulemaking body 

is the local agency. After the local 

agency formally adopts the rule, the 

local agency submits the rulemaking to 

the State, and then the State submits the 

rulemaking to EPA for consideration for 

formal action (inclusion of the 

rulemaking into the SIP). EPA must 

provide public notice and seek 

additional public comment regarding 


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the proposed Federal action on the 

State’s submission. 

EPA received the request from the 

State to adopt the 2009 local air agency 

rule revisions into the SIP on September 

14, 2009. The revisions were adopted by 

the local agency on July 28, 2009, and 

were effective August 6, 2009. EPA is 

approving the requested revisions to the 

Iowa SIP. The State’s request 

specifically excluded Article VI, 

subsections 5–16 (n), (o), (p), and 

Article VIII from consideration by EPA. 

II. What revisions is EPA approving? 

EPA is approving the 2009 revisions 

to the Polk County Board of Health 

Rules and Regulations, Chapter V, ‘‘Air 

Pollution.’’ The local agency routinely 

revises its ‘‘Air Pollution’’ regulations to 

be consistent with the Federallyapproved Iowa Administrative Code. 

The local agency’s ‘‘Air Pollution’’ rules 

were revised as follows: 

Article I, section 5–1 was revised to 

include cross references to approved 

State rules. Section 5–2 of the same 

Article was revised to include amended 

definitions of ‘‘Allowable emissions,’’ 

‘‘EPA reference method,’’ ‘‘Disaster,’’ 

‘‘Mobile Internal Combustion Engine,’’ 

and ‘‘Volatile Organic Compounds’’ 

(VOCs). These revisions are consistent 

with State and Federal regulations. 

Article II, section 5–4 was revised to 

include a cross reference to the existing 

State rule, 567 IAC 23.1(2) which 

outlines New Source Performance 

Standard data reporting requirements 

and responsibilities. This revision is 

consistent with State and Federal 

regulations. 

Article III, section 5–7 was amended 

to include revisions to ‘‘Open Burning’’ 

regulations. The revisions include the 

addition of a cross reference to the 

existing State rules in 567 IAC Chapter 

23 explaining that the burning of any 

structure or demolished structure shall 

be in accordance with 40 CFR 61.145, 

the National Emission Standards for 

Hazardous Air Pollutants (NESHAPs) 

‘‘Standard for Demolition and 

Renovation’’ for asbestos control. This 

revision is consistent with State and 

Federal regulations. 

Article IV, section 5–10 was revised to 

include a cross reference to the existing 

State rule at 567 IAC 29.1, the Federal 

method for visual determination of 

opacity of emissions. This revision is 

consistent with State and Federal 

regulations. 

Article VII, subsections 5–18 (a)(3), 

5–18(b)(5)(i) and 5–18(b)(7) are revised 

to include cross references to existing 

State rules in 567 IAC Chapter 25. A 

revision to 5–18(b)(7) also includes the 

adoption date of the most recent 

Federally promulgated Acid Rain 

continuous emissions monitoring 

requirements. These revisions are 

consistent with State and Federal 

regulations. 

Article IX, subsections 5–23(1), 

5–23(2), and 5–23(3) were revised to 

include methods for the containment 

and control of fugitive dust, and 

subsections 5–23(7) and 5–23(8) were 

added to include methods for the 

containment and control of fugitive 

dust. Changes to Section 5–25 clarify 

that no person shall cause, allow, or 

permit fugitive dust material to become 

airborne in such quantities and 

concentrations that it remains visible in 

the ambient air, or is deposited beyond 

the lot line of the property on which it 

originates. These revisions are 

consistent with State regulations and 

Federal requirements. The local agency 

also added language to subsection 

5–26(1) which explains activities that 

are considered by the local agency as 

‘‘ordinary travel’’, which is exempted 

from the fugitive dust restrictions. This 

is a clarification of the exemption and 

does not affect the stringency of the 

restriction. 

Article X, section 5–33, and 

subsections 5–33(9) and 5–39(a)(4) were 

revised to include cross references to 

approved State and Federal regulations. 

Subsections 5–33(17) and 5–39(a)(11) 

were revised to include a construction 

and operating permit exemption 

threshold for retail gasoline and diesel 

fuel handling facilities. The local agency 

revised the exemption to include only 

those facilities with a throughput of less 

than 10,000 gallons per month (based on 

thirty-day rolling average usage 

records). The local agency retained the 

right to review project plans to 

substantiate the permit exemption to 

determine that individual sources 

qualify for the exemption and would not 

adversely impact air quality. The local 

agency made this revision as it is more 

stringent than the existing SIP-approved 

exemption and is aligned with 40 CFR 

part 63 subpart CCCCCC. The Iowa 

Administrative Code currently does not 

provide for exemptions for retail 

gasoline stations of any size so that all 

sources in the source category in Polk 

County remain subject to the state 

permitting rule. In any event, the 

revision addressed in this rulemaking in 

the county rule makes the exemption 

more stringent, and is therefore 

approvable. 

Also in Article X, subsections 5– 

33(55) and 5–39(a)(48) were revised to 

add a construction and operating permit 

exemption for cold solvent cleaning 

machines that are not in-line cleaning 

machines. Subsections 5–33(56) and 

5–39(a)(49) were revised to add a 

construction and operating permit 

exemption for emissions from mobile 

agricultural and construction internal 

combustion engines that are operated 

only for repair or maintenance purposes 

at equipment repair shops or equipment 

dealerships. Subsection 5–35(d) was 

revised to reduce the amount of time the 

owner or operator has to notify the local 

program prior to the movement of 

portable equipment for which an 

operating permit has been issued. The 

notification time was reduced from 30 

to 14 days. Subsections 5–36(1)(a) and 

5–36(1)(a)(1) were revised to clarify 

what the owner or operators’ 

responsibilities are when applying for a 

conditional operating permit. These 

revisions are consistent with SIPapproved State regulations. 

Section 5–49 was added to Article X 

to allow for electric utilities in Polk 

County to operate generators at a utility 

substation, with a total combined 

capacity not to exceed 2 megawatts in 

capacity, for a period of not longer than 

10 days and only for the purpose of 

providing electricity generation in the 

event of a sudden and unforeseen 

disaster that has disabled standard 

transmission of electricity to the public. 

EPA previously approved this 

allowance in a statewide rule after EPA 

determined that this allowance would 

result in insignificant emissions 

increases. We believe the Polk County 

revision is also approvable. 

III. What action is EPA taking? 

EPA is approving these revisions to 

the Polk County Board of Health Rules 

and Regulations, Chapter V, Air 

Pollution. These changes are consistent 

with the Federally-approved Iowa SIP. 

The state submittal has met the public 

notice requirements for SIP submissions 

in accordance with 40 CFR 51.102. The 

submittal also satisfied the 

completeness criteria of 40 CFR part 51, 

appendix V. The revisions meet the 

substantive SIP requirements of the 

Clean Air Act (CAA), including section 

110 and implementing regulations. 

EPA is processing this action as a 

direct final action because the revisions 

make changes to the existing rules 

which are noncontroversial. Therefore, 

we do not anticipate any adverse 

comments. Please note that if EPA 

receives adverse comment on part of 

this rule and if that part can be severed 

from the remainder of the rule, EPA may 

adopt as final those parts of the rule that 

are not the subject of an adverse 

comment. 


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Federal Register / Vol. 75, No. 128 / Tuesday, July 6, 2010 / Rules and Regulations 38747 

IV. What action is EPA not taking? 

The State requested that EPA take 

action to approve the local agency’s 

revisions to Article XVI section 5–75. 

Section 5–75 outlines the local agency’s 

enforcement of criminal and civil 

penalties. As EPA does not rely on the 

local agency’s authority, but relies on its 

own authority, to implement and 

enforce the requirements of the CAA, 

EPA is not taking action on the 

requested revisions to Article XVI 

section 5–75. 

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 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 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 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 the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 action and other 

required information to the U.S. Senate, 

the U.S. 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. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 7, 2010. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 18, 2010. 

Karl Brooks, 

Regional Administrator, Region 7. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart Q—Iowa 

■ 2. In § 52.820 the table in paragraph 

(c) is amended by revising the entry for 

‘‘Chapter V’’ under the heading ‘‘Polk 

County’’ to read as follows: 

§ 52.820 Identification of plan. 

* * * * * 

(c) * * * 

EPA—APPROVED IOWA REGULATIONS

Iowa citation Title State effective 

date EPA approval date Explanation 

Iowa Department of Natural Resources, Environmental Protection Commission [567] 


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38748 Federal Register / Vol. 75, No. 128 / Tuesday, July 6, 2010 / Rules and Regulations 

EPA—APPROVED IOWA REGULATIONS—Continued 

Iowa citation Title State effective 

date EPA approval date Explanation 

*******

Polk County 

CHAPTER V ........................... Polk County Board of Health 

Rules and Regulations Air 

Pollution Chapter V.

08/06/09 07/06/10 [insert FR page 

number where the document begins].

Article I, Section 5–2, definition of ‘‘variance’’; Article 

VI, Sections 5–16(n), (o) 

and (p); Article VIII; Article 

IX, Sections 5–27(3) and 

(4); Article X, Section 5–28, 

subsections (a) through (c); 

Article XIII and Article XVI, 

Section 5–75 are not a part 

of the SIP. 

* * * * * 

[FR Doc. 2010–16235 Filed 7–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 447 and 457 

[CMS–2244–CN] 

RIN 0938–AP73 

Medicaid Program; Premiums and Cost 

Sharing; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS 

ACTION: Correction of final rule with 

comment period. 

SUMMARY: This document corrects 

technical errors that appeared in the 

final rule with comment period 

published in the Federal Register on 

May 28, 2010 entitled ‘‘Medicaid 

Program; Premiums and Cost Sharing.’’ 

The May 28, 2010, final rule revised a 

November 25, 2008, final rule entitled, 

‘‘Medicaid Programs; Premiums and 

Cost Sharing’’ which addressed public 

comments received during reopened 

comment periods, and reflected relevant 

statutory changes made in the American 

Recovery and Reinvestment Act of 2009. 

The November 2008 document revised 

final rule implemented and interpreted 

section 1916A of the Social Security 

Act. 

DATES: Effective Date: This correction 

document is effective July 1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Christine Gerhardt, (410) 786–0693. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2010–12954 of May 28, 

2010 (75 FR 30244), there were two 

technical errors that are identified and 

corrected in the ‘‘Correction of Errors’’ 

section below. The provisions in this 

correction notice are effective as if they 

had been included in the document 

published May 28, 2010. Accordingly, 

the corrections are effective July 1, 2010. 

II. Summary of Errors 

On page 30255, in the preamble under 

Section III, ‘‘Provisions of the Revised 

Final Rule,’’ we set forth the definition 

of ‘‘Indian health care provider.’’ On 

page 30256, we specify that the 

definition is added to a new paragraph 

(b) under § 447.50. However, on page 

30261, we inadvertently omitted the 

definition of ‘‘Indian health care 

provider’’ from § 447.50 (b) of the 

regulations text. 

On page 30264, we inadvertently 

omitted a statutory exception to the 

policy specified in the amended 

paragraph (b) under § 447.74 of the 

regulations text. According to section 

1916A(e)(2) of the Social Security Act 

(the Act), the limitation to 20 percent of 

the State Medicaid agency’s payment for 

alternative cost sharing imposed on 

individuals with family income more 

than 150 percent of the Federal poverty 

level (FPL) does not apply to nonemergency services furnished in a 

hospital emergency department. 

III. Waiver of Proposed Rulemaking 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before the provisions of a rule 

take effect in accordance with section 

553(b) of the Administrative Procedure 

Act (APA) (5 U.S.C. 553(b)). However, 

we can waive this notice and comment 

procedure if the Secretary finds, for 

good cause, that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporates a statement of 

the finding and the reasons therefore in 

the notice. 

Section 553(d) of the APA ordinarily 

requires a 30-day delay in effective date 

of final rules after the date of their 

publication in the Federal Register. 

This 30-day delay in effective date can 

be waived, however, if an agency finds 

for good cause that the delay is 

impracticable, unnecessary, or contrary 

to the public interest, and the agency 

incorporates a statement of the findings 

and its reasons in the rule issued. 

With respect to our proposal to add a 

definition of ‘‘Indian health care 

provider’’ as a new paragraph (b)(2) in 

§ 447.50 of the regulations text, we 

inadvertently omitted this definition 

from the revised final rule. In the 

preamble under Section III, Provisions 

of the Revised Final Rule, we gave the 

new definition on page 30255. Also, on 

page 30256, we mentioned that the 

definition of ‘‘Indian health care 

provider’’ is added to a new paragraph 

(b) under § 447.50. Because the intended 

content of the regulation is clear when 

the document is read as a whole, we 

believe further process is unnecessary. 

We further believe that correction of the 

error is in the public interest because it 

would avoid confusion. Therefore, we 

find good cause to waive a notice of 

proposed rulemaking and delayed 

effective date. 

With respect to our proposal to add an 

exception to the policy specified in the 

amended paragraph (b) under § 447.74, 

section 1916A(e)(2) of the Act makes 

clear that the limitation to 20 percent of 

the State Medicaid agency’s payment for 

alternative cost sharing imposed on 

individuals with family income more 

than 150 percent of the Federal poverty 

level (FPL) does not apply to nonemergency services furnished in a 

hospital emergency department. Since 

this change is necessary to accurately 

reflect the statutory requirements, we 

believe that correction of this error is in 

the public interest because it will 

prevent confusion as to those 


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