69036 Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Proposed Rules 

agencies or persons as he/she may 

designate. 

Dated: November 3, 2010. 

Michael G. Ensch, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2010–28386 Filed 11–9–10; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 58 

[EPA–HQ–OAR–2008–0338; FRL–9223–6] 

Notice of Data Availability Regarding 

Potential Changes to Required Ozone 

Monitoring Seasons for Colorado, 

Kansas, and Utah 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Data Availability 

(NODA). 

SUMMARY: The EPA is providing notice 

that it is supplementing the record to 

the Proposed Rule—Ambient Ozone 

Monitoring Regulations: Revisions to 

Network Design Requirements, 

published July 16, 2009. The EPA has 

placed in the docket for the Proposed 

Rule—Ambient Ozone Monitoring 

Regulations: Revisions to Network 

Design Requirements (Docket ID No. 

EPA–HQ–OAR–2008–0338) additional 

ambient ozone monitoring data for the 

period January 1, 2007, through April 

30, 2010, for the states of Colorado, 

Kansas, and Utah that cover time 

periods outside of the current required 

ozone monitoring seasons. The data for 

these states consist of daily maximum 

8-hour ozone concentrations. These data 

have become available since original 

analyses were completed for the 

proposal, which relied on ambient data 

covering the period 2004–2006. EPA is 

specifically considering how these more 

recent data could impact changes to the 

current and proposed required ozone 

monitoring seasons for Colorado, 

Kansas, and Utah. 

DATES: Comments must be received on 

or before December 10, 2010. Please 

refer to SUPPLEMENTARY INFORMATION for 

additional information on submitting 

comments. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2008–0338, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. Attention Docket ID No. 

EPA–HQ–OAR–2008–0338. 

• Fax: (202) 566–1741. 

• Mail: EPA Docket Center, EPA West 

(Air Docket), Attention Docket ID No. 

EPA–HQ–OAR–2008–0338, U.S. 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

Please include 2 copies. 

• Hand Delivery: U.S. Environmental 

Protection Agency, EPA West (Air 

Docket), 1301 Constitution Avenue, 

NW., Room 3334, Washington, DC 

20004, Attention Docket ID No. EPA– 

HQ–OAR–2008–0338. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2008– 

0338. 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. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http://www.

epa.gov/epahome/dockets.htm. 

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 

Air and Radiation Docket and 

Information Center, EPA/DC, EPA East 

Building 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: For 

questions regarding the additional 

ambient ozone data, contact Lewis 

Weinstock, Air Quality Assessment 

Division/Ambient Air Monitoring Group 

(C304–06), Research Triangle Park, NC 

27711; telephone number: 919–541– 

3661; fax number: 919–541–1903; e-mail 

address: weinstock.lewis@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Outline 

1. What is the purpose for this action? 

2. What information is EPA making available 

for review and comment? 

3. How does this information relate to the 

Proposed Rule—Ambient Ozone 

Monitoring Regulations: Revisions to 

Network Design Requirements? 

4. Where can I get this information? 

5. What issue is EPA taking comment on? 

6. What should I consider as I prepare my 

comments for EPA? 

7. Submitting Confidential Business 

Information (CBI) 

1. What is the purpose for this action? 

This NODA provides for public 

review and comment on ambient ozone 

monitoring data for the period January 

1, 2007, through April 30, 2010, for the 

states of Colorado, Kansas, and Utah. 

2. What information is EPA making 

available for review and comment? 

EPA is making available for review 

and comment ozone monitoring data for 

the states of Colorado, Kansas, and Utah 

that were obtained during the months 

outside of the current ozone monitoring 

seasons required by 40 CFR part 58, 

Appendix D, Table D–3. The data 

include a listing of days when ozone 

concentrations reached an 8-hour 

average level of at least 0.060 parts per 

million (ppm) during the following 

months: Colorado (January, February, 

October, November, December); Kansas 

(January, February, March, November, 

December); and Utah (January, 

February, March, April, October, 

November, December). These data were 

obtained from EPA’s Air Quality System 

(AQS) and represent data from monitors 


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Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Proposed Rules 69037 

utilizing approved Federal Equivalent 

Methods. 

3. How does this information relate to 

the Proposed Rule—Ambient Ozone 

Monitoring Regulations: Revisions to 

Network Design Requirements? 

On July 16, 2009, EPA published a 

proposed rule (74 FR 34525) to revise 

the ozone monitoring network design 

requirements. EPA proposed to modify 

minimum monitoring requirements in 

urban areas, add new minimum 

monitoring requirements in non-urban 

areas, and to extend the length of the 

required ozone monitoring season in 

some states. 

In its proposal, EPA used ambient 

ozone monitoring data obtained from 

monitors operating outside (i.e., before 

and after) the current required ozone 

monitoring season to assess whether 

ambient ozone concentrations could 

approach or exceed the level of the 

primary (8-hour) National Ambient Air 

Quality Standards (NAAQS) during 

these periods when monitoring is not 

currently required. EPA’s analysis 

utilized data for the period 2004–2006, 

representing data from approximately 

530 monitors which were operated on a 

year-round basis. These data were 

analyzed for two indicators: (1) The 

number of exceedences of the NAAQS 

(i.e., daily maximum 8-hour ozone 

averages above 0.075 ppm) in the 

months falling outside the currently 

required ozone monitoring season for 

each area, and (2) occurrences of daily 

maximum 8-hour ozone averages of at 

least 0.060 ppm, representing a value of 

80 percent of the 0.075 ppm NAAQS. In 

the proposal, we noted that the 

operation of ozone monitors during 

such periods of time when ambient 

levels reach at least 80 percent of the 

NAAQS ensures that persons unusually 

sensitive to ozone are alerted to the 

occurrence of elevated ozone 

concentrations in their area, and 

protects against the potential for 

undocumented NAAQS exceedances. 

The availability of these additional data 

support many objectives including more 

comprehensive real-time air quality 

reporting to the public, ozone 

forecasting programs, and the 

verification of real-time air quality 

forecast models. 

As EPA completes revised analyses to 

support the upcoming ozone monitoring 

final rule, certain patterns of out-ofseason elevated 8-hour average ozone 

concentrations, which were not 

recognizable during 2004–2006, have 

become apparent in newer data. These 

patterns include a greater frequency of 

occurrences of daily maximum 8-hour 

ozone averages of at least 0.060 ppm 

before and after the currently required 

ozone monitoring seasons for the 

aforementioned states than was 

observed in the 2004–2006 dataset. 

Accordingly, EPA is making these 

newer data available for the specific 

states that have such patterns. 

4. Where can I get this information? 

All of the information can be obtained 

through the Air Docket and at http:// 

www.regulations.gov (see ADDRESSES

section above for docket contact 

information). 

5. What issue is EPA taking comment 

on? 

EPA requests comment on the 

interpretation of the newer ambient 8- 

hour average ozone monitoring data for 

the states of Colorado, Kansas, and Utah 

in the context of determining the final 

ozone monitoring season requirements 

for these states. Specifically, do the 

patterns of elevated 8-hour average 

ozone concentrations that occurred both 

before and after the current required 

ozone monitoring seasons for these 

states support the revised seasons 

proposed in the July 16, 2009, 

rulemaking for these states? Do these 

patterns support alternative required 

monitoring seasons different from what 

was proposed in the July 16, 2009, 

rulemaking for these states? Issues for 

consideration with regard to Colorado, 

Kansas, and Utah are whether the 

current ozone season requirements 

should be maintained, whether the 

proposed changes to seasons should be 

finalized as proposed or revised, and 

whether changes should be made for 

these states that were not originally 

proposed in the July 2009 rule. 

6. What should I consider as I prepare 

my comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible. 

2. Describe any assumptions that you 

used. 

3. Provide any technical information 

or data you used that support your 

views. 

4. Provide specific examples to 

illustrate your concerns. 

5. Offer alternatives. 

6. Make sure to submit your 

comments by the comment period 

deadline identified. 

7. To ensure proper receipt by EPA, 

identify the appropriate docket 

identification number in the subject line 

on the first page of your response. It 

would also be helpful if you provided 

the name, date, and Federal Register 

citation related to your comments. 

7. Submitting Confidential Business 

Information (CBI) 

Do not submit information you are 

claiming as CBI to EPA through http:// 

www.regulations.gov or e-mail. Clearly 

mark the part of the information that 

you claim to be CBI. Information so 

marked will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. For CBI information in 

a disk or CD–ROM that you mail to EPA, 

mark the outside of the disk or CD–ROM 

as CBI and then identify electronically 

within the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

List of Subjects in 40 CFR Part 58 

Air pollution control, Environmental 

protection, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Ambient air monitoring. 

Dated: November 3, 2010. 

Mary E. Henigin, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. 2010–28259 Filed 11–9–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 455 

[CMS–6034–P] 

RIN 0938–AQ19 

Medicaid Program; Recovery Audit 

Contractors 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

provide guidance to States related to 

Federal/State funding of State start-up, 

operation and maintenance costs of 

Medicaid Recovery Audit Contractors 

(Medicaid RACs) and the payment 

methodology for State payments to 

Medicaid RACs in accordance with 

section 6411 of the Affordable Care Act. 

In addition, this rule proposes 

requirements for States to assure that 

adequate appeal processes are in place 

for providers to dispute adverse 


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