Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 73969 

PART 62—[AMENDED] 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. Section 62.1975 is amended by 

revising the section heading, 

designating the existing paragraph as (a) 

and adding paragraph (b) to read as 

follows: 

§ 62.1975 Identification of plan—negative 

declaration. 

* * * * * 

(b) On June 17, 2010, the Delaware 

Department of Natural Resources and 

Environmental Control submitted a 

negative declaration and request for 

withdrawal of EPA’s plan approval 

under paragraph (a) of this section. 

§ 62.1976 [Removed] 

■ 3. Section 62.1976 is removed. 

■ 4. Section 62.1977 is revised to read 

as follows: 

§ 62.1977 Effective date. 

The effective date of the negative 

declaration and EPA withdrawal of the 

plan approval is January 31, 2011. 

[FR Doc. 2010–30102 Filed 11–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R04–OAR–2010–0614–201055; FRL– 

9234–2] 

Approval and Promulgation of 

Implementation Plans; Extension of 

Attainment Date for the Atlanta, GA 

1997 8-Hour Ozone Moderate 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve a request from the State of 

Georgia, through the Georgia 

Department of Natural Resources’ 

Environmental Protection Division 

(EPD), to grant a one-year extension of 

the attainment date for the 1997 8-hour 

ozone national ambient air quality 

standards (NAAQS) for the Atlanta, 

Georgia Area (hereafter referred to as the 

‘‘Atlanta Area’’). This request was sent to 

EPA via letter from EPD on June 9, 2010. 

The Atlanta Area consists of Barrow, 

Bartow, Carroll, Cherokee, Clayton, 

Cobb, Coweta, DeKalb, Douglas, Fayette, 

Forsyth, Fulton, Gwinnett, Hall, Henry, 

Newton, Paulding, Rockdale, Spalding, 

and Walton Counties in Georgia. In 

today’s action, EPA is finalizing a 

determination that the State of Georgia 

has met the Clean Air Act (CAA or Act) 

requirements to obtain a one-year 

extension to its attainment date for the 

1997 8-hour ozone NAAQS for the 

Atlanta Area. As a result, EPA is 

approving a one-year extension of the 

1997 8-hour ozone moderate attainment 

date for the Atlanta Area. Specifically, 

EPA (through this final action) is 

extending the Atlanta Area’s attainment 

date from June 15, 2010, to June 15, 

2011. 

DATES: Effective Date: This rule will be 

effective December 30, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2010–0614. 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, i.e., 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 Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jane Spann or Ms. Sara Waterson, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number for Ms. Spann is 

(404) 562–9029. Ms. Spann can also be 

reached via electronic mail at 

spann.jane@epa.gov. The telephone 

number for Ms. Waterson is (404) 562– 

9061. Ms. Waterson can also be reached 

via electronic mail at 

waterson.sara@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Today’s Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Detailed background information and 

rationale for today’s final action can be 

found in EPA’s proposed rule entitled 

‘‘Approval and Promulgation of 

Implementation Plans; Extension of 

Attainment Date for the Atlanta, GA 

1997 8–Hour Ozone Moderate 

Nonattainment Area,’’ 75 FR 56943 

(September 17, 2010). The comment 

period for EPA’s proposed action closed 

on October 18, 2010. EPA did not 

receive any comments, adverse or 

otherwise, on its proposed action to 

extend the attainment date for the 

Atlanta 1997 8-hour ozone area. This 

section includes a brief summary of the 

background information and rationale 

for EPA’s approval of Georgia’s one-year 

extension request. 

Section 181(b)(2)(A) requires the 

Administrator, within six months of the 

attainment date, to determine whether 

an ozone nonattainment area attained 

the NAAQS. CAA section 181(b)(2)(A) 

states that, for areas classified as 

marginal, moderate, or serious, if the 

Administrator determines that the area 

did not attain the standard by its 

attainment date, the area must be 

reclassified to the next classification. 

However, in accordance with CAA 

Section 181(a)(5), EPA may grant up to 

2 one-year extensions of the attainment 

date under specified conditions. 

Specifically, in relevant part, Section 

181(a)(5) states: 

‘‘Upon application by any State, the 

Administrator may extend for one additional 

year (hereinafter referred to as the ‘‘Extension 

Year’’) the date specified in table 1 of 

paragraph (1) of this subsection if— 

(A) the State has complied with all 

requirements and commitments pertaining to 

the area in the applicable implementation 

plan, and 

(B) no more than 1 exceedance of the 

national ambient air quality standard level 

for ozone has occurred in the area in the year 

preceding the Extension Year. 

With regard to the first element, 

‘‘applicable implementation plan’’ is 

defined in Section 302(q) of the CAA as, 

the portion (or portions) of the 

implementation plan, or most recent 

revision thereof, which has been 

approved under Section 110, or 

promulgated under Section 110(c), or 

promulgated or approved pursuant to 

regulations promulgated under Section 

301(d) and which implements the 

relevant requirements of the CAA. 


jdjones on DSK8KYBLC1PROD with RULES
73970 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 

The language in section 181(a)(5)(B) 

reflects the form of the 1-hour ozone 

NAAQS, which is exceedance based and 

does not reflect the 1997 8-hour ozone 

NAAQS, which is concentration based. 

Because section 181(a)(5)(B) does not 

reflect the form of the 8-hour NAAQS 

and application would produce an 

absurd result, EPA interprets this 

provision in a manner consistent with 

Congressional intent but reflecting the 

form of the 1997 8-hour NAAQS. 

Therefore, EPA adopted an 

interpretation that under both section 

172(a)(2)(C) and 181(a)(5), an area will 

be eligible for the first of the one-year 

extensions under the 8-hour NAAQS if, 

for the attainment year, the area’s 4th 

highest daily 8-hour average is 0.084 

ppm or less. The area will be eligible for 

the second extension if the area’s 4th 

highest daily 8-hour value averaged over 

both the original attainment year and 

the first extension year is 0.084 ppm or 

less. No more than 2 one-year 

extensions may be issued for a single 

nonattainment area. 

EPA interprets the CAA and 

implementing regulations to allow the 

granting of a one-year extension under 

the following minimum conditions: (1) 

The State requests a one-year extension; 

(2) all requirements and commitments 

in the EPA-approved SIP for the area 

have been complied with; and (3) the 

area has a 4th highest daily 8-hour 

average of 0.084 ppm or less for the 

attainment year (or an area’s 4th highest 

daily 8-hour value averaged over both 

the original attainment year and the first 

extension year is 0.084 ppm or less, if 

a second one-year extension is 

requested). Because the Atlanta Area 

attainment date was June 15, 2010, the 

‘‘attainment year’’ used for this purpose 

is the 2009 ozone season. The Georgia 

ozone season runs from March 1 to 

October 31 of any given year. 

II. Today’s Action 

EPA has determined that Georgia has 

met the CAA requirements to obtain a 

one-year extension of the attainment 

date for the 1997 8-hour ozone NAAQS 

for the Atlanta Area. As a result, EPA is 

taking final action to extend the Atlanta 

Area’s attainment date from June 15, 

2010, to June 15, 2011, for the 1997 8- 

hour ozone NAAQS. Specifically, EPA 

has determined that Georgia is in 

compliance with the requirements and 

commitments associated with the EPAapproved implementation plan, and that 

the 4th highest daily 8-hour ozone 

average concentration for 2009 for the 

Atlanta Area is below the 1997 8-hour 

ozone NAAQS as required by the CAA. 

EPA has reviewed the 1997 8-hour 

ozone NAAQS ambient air quality 

monitoring data for the Atlanta Area, 

consistent with the requirements 

contained in 40 CFR part 50 and as 

recorded in the EPA Air Quality System 

database. On the basis of that review, 

EPA has concluded that for the 

attainment year, 2009, the Atlanta 

Area’s 4th highest daily 8-hour average 

concentration was 0.077 ppm which is 

below the 8-hour ozone NAAQS of 0.08 

ppm (effectively 0.084 ppm). This final 

action is based upon complete, quality 

assured, quality controlled, and certified 

ambient air monitoring data for 2009. As 

provided in 40 CFR 51.907, this final 

action extends, by one year, the 

deadline by which the Atlanta Area 

must attain the 1997 8-hour ozone 

NAAQS. It also extends the timeframe 

by which EPA must make an attainment 

determination for the area. 

EPA notes that this final action only 

relates to the initial one-year extension. 

As described in Section 181(a)(5) of the 

CAA, areas may qualify for up to 2 oneyear extensions. If requested at a future 

date, EPA will make a determination of 

the appropriateness of a second oneyear extension for the Atlanta Area for 

the 1997 8-hour ozone NAAQS in a 

separate rulemaking. 

III. Final Action 

EPA is taking final action to approve 

Georgia’s June 9, 2010, request for EPA 

to grant a one-year extension (from June 

15, 2010, to June 15, 2011) of the 

Atlanta Area attainment date for the 

1997 8-hour ozone NAAQS. EPA has 

determined that Georgia has met the 

statutory requirements for such an 

extension. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission or 

request from the states that comply with 

the provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing the 

state’s request for an extension of the 

1997 8-hour ozone NAAQS attainment 

date for the Atlanta Area, EPA’s role is 

to approve state’s request, provided that 

they meet the criteria of the CAA. 

Accordingly, this action merely 

approves a state’s request for an 

extension of the 1997 8-hour ozone 

NAAQS attainment date 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 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 73971 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 31, 2011. 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. 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 81 

Environmental protection, Air 

pollution control. 

Dated: November 17, 2010. 

Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

■ 40 CFR part 81 is amended as follows: 

PART 81—[AMENDED] 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. In § 81.311, the table entitled 

‘‘Georgia—Ozone (8-Hour Standard)’’ is 

amended under ‘‘Atlanta, GA’’ by 

revising the entries for ‘‘Barrow County,’’ 

‘‘Bartow County,’’ ‘‘Carroll County,’’ 

‘‘Cherokee County,’’ ‘‘Clayton County,’’ 

‘‘Cobb County,’’ ‘‘Coweta County,’’ 

‘‘DeKalb County,’’ ‘‘Douglas County,’’ 

‘‘Fayette County,’’ ‘‘Forsyth County,’’ 

‘‘Fulton County,’’ ‘‘Gwinnett County,’’ 

‘‘Hall County,’’ ‘‘Henry County,’’ 

‘‘Newton County,’’ ‘‘Paulding County,’’ 

‘‘Rockdale County,’’ ‘‘Spalding County,’’ 

and ‘‘Walton County’’ to read as follows: 

§ 81.311 Georgia. 

* * * * * 

GEORGIA—OZONE (8-HOUR STANDARD) 

Designated 

Designation a Category/classification 

Date 1 Type Date 1 Type 

Atlanta, GA: 

Barrow County ............ This action is effective ......

November 30, 2010 ..........

Nonattainment ................... April 7, 2008 ..................... Subpart 2/Moderate 4. 

Bartow County ............ This action is effective ......

November 30, 2010 ..........

Nonattainment ................... April 7, 2008 ..................... Subpart 2/Moderate 4. 

Carroll County ............ This action is effective ......

November 30, 2010 ..........

Nonattainment ................... April 7, 2008 ..................... Subpart 2/Moderate 4. 

Cherokee County ....... This action is effective ......

November 30, 2010 ..........

Nonattainment ................... April 7, 2008 ..................... Subpart 2/Moderate 4. 

Clayton County ........... This action is effective ......

November 30, 2010 ..........

Nonattainment ................... April 7, 2008 ..................... Subpart 2/Moderate 4. 

Cobb County .............. This action is effective ......

November 30, 2010 ..........

Nonattainment ................... April 7, 2008 ..................... Subpart 2/Moderate 4. 

Coweta County ........... This action is effective ......

November 30, 2010 ..........

Nonattainment ................... April 7, 2008 ..................... Subpart 2/Moderate 4. 

DeKalb County ........... This action is effective ......

November 30, 2010 ..........

Nonattainment ................... April 7, 2008 ..................... Subpart 2/Moderate 4. 

Douglas County .......... This action is effective ......

November 30, 2010 ..........

Nonattainment ................... April 7, 2008 ..................... Subpart 2/Moderate 4. 

Fayette County ........... This action is effective ......

November 30, 2010 ..........

Nonattainment ................... April 7, 2008 ..................... Subpart 2/Moderate 4. 

Forsyth County ........... This action is effective ......

November 30, 2010 ..........

Nonattainment ................... April 7, 2008 ..................... Subpart 2/Moderate 4. 

Fulton County ............. This action is effective ......

November 30, 2010 ..........

Nonattainment ................... April 7, 2008 ..................... Subpart 2/Moderate 4. 

Gwinnett County ......... This action is effective ......

November 30, 2010 ..........

Nonattainment ................... April 7, 2008 ..................... Subpart 2/Moderate 4. 

Hall County ................. This action is effective ......

November 30, 2010 ..........

Nonattainment ................... April 7, 2008 ..................... Subpart 2/Moderate 4. 

Henry County ............. This action is effective ......

November 30, 2010 ..........

Nonattainment ................... April 7, 2008 ..................... Subpart 2/Moderate 4. 

Newton County ........... This action is effective ......

November 30, 2010 ..........

Nonattainment ................... April 7, 2008 ..................... Subpart 2/Moderate 4. 

Paulding County ......... This action is effective ......

November 30, 2010 ..........

Nonattainment ................... April 7, 2008 ..................... Subpart 2/Moderate 4. 

Rockdale County ........ This action is effective ......

November 30, 2010 ..........

Nonattainment ................... April 7, 2008 ..................... Subpart 2/Moderate 4. 

Spalding County ......... This action is effective ......

November 30, 2010 ..........

Nonattainment ................... April 7, 2008 ..................... Subpart 2/Moderate 4. 

Walton County ............ This action is effective ......

November 30, 2010 ..........

Nonattainment ................... April 7, 2008 ..................... Subpart 2/Moderate 4. 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 

2Effective April 15, 2008. 

3The boundary change is effective October 13, 2006. 

4Attainment date extended to June 15, 2011. 


jdjones on DSK8KYBLC1PROD with RULES
73972 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 

* * * * * 

[FR Doc. 2010–30104 Filed 11–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[EPA–R06–RCRA–2009–0312; SW FRL– 

9231–3] 

Hazardous Waste Management 

System; Identification and Listing of 

Hazardous Waste; Removal of Direct 

Final Exclusion 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Removal of Direct Final 

Exclusion. 

SUMMARY: Because EPA received 

adverse comment, we are removing the 

direct final exclusion for Eastman 

Chemical Company—Texas Operations, 

published on September 24, 2010. 

DATES: Effective November 30, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Peace, Environmental 

Protection Agency, Multimedia 

Planning and Permitting Division, 

RCRA Branch, Mail Code: 6PD–C, 1445 

Ross Avenue, Dallas, TX 75202, by 

calling (214) 665–7430 or by e-mail at 

peace.michelle@epa.gov. 

SUPPLEMENTARY INFORMATION: Because 

EPA received adverse comment, we are 

removing the direct final exclusion for 

Eastman Chemical Company—Texas 

Operations, published on September 24, 

2010, 75 FR 58315. We stated in that 

direct final rule that if we received 

adverse comment by October 25, 2010, 

the direct final rule would not take 

effect and we would publish a timely 

removal in the Federal Register. We 

subsequently received adverse comment 

on that direct final rule. We will address 

the comments submitted in a 

subsequent final action which will be 

based on the parallel proposed rule also 

published on September 24, 2010, 75 FR 

58346. As stated in the direct final rule 

and the parallel proposed rule, we will 

not institute a second comment period 

on this action. 

Lists of Subjects in 40 CFR Part 261 

Environmental Protection, Hazardous 

waste, Recycling, Reporting and 

recordkeeping requirements. 

Authority: Sec. 3001(f) RCRA, 42 U.S.C. 

6921(f). 

Dated: November 16, 2010. 

Bill Luthans, 

Acting Director, Multimedia Planning and 

Permitting Division. 

■ 40 CFR part 261 is amended as 

follows: 

PART 261—IDENTIFICATION AND 

LISTING OF HAZARDOUS WASTE 

■ 1. The authority citation for part 261 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6921, 

6922, and 6938. 

■ 2. In Tables 1, 2 and 3 of Appendix 

IX of part 261 remove the following 

facility’s waste streams: for Facility: 

Eastman Chemical Company—Texas 

Operations, Address: Longview, TX; 

Waste Description: RKI bottom ash, RKI 

fly ash and RKI scrubber water 

blowdown. 

[FR Doc. 2010–30109 Filed 11–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 433, 447, and 457 

[CMS–2361–F] 

RIN 0938–AQ40 

Medicaid Program; Cost Limit for 

Providers Operated by Units of 

Government and Provisions To Ensure 

the Integrity of Federal-State Financial 

Partnership 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; implementation of 

court orders. 

SUMMARY: This final rule amends 

Medicaid regulations to conform with 

the decision by the United States 

District Court for the District of 

Columbia on May 23, 2008 in Alameda 

County Medical Center, et al. v. Michael 

O. Leavitt, Secretary, U.S. Department of 

Health and Human Services, et al., 559 

F. Supp. 2d (2008) that vacated a final 

rule with comment period published in 

the Federal Register in May 29, 2007. 

This regulatory action takes ministerial 

steps to remove the vacated provisions 

from the Code of Federal Regulations 

and reinstate the prior regulatory 

language impacted by the May 29, 2007 

final rule with comment period. 

DATES: Effective Date: This regulation is 

effective immediately on date of 

publication November 30, 2010. 

FOR FURTHER INFORMATION CONTACT: Rob 

Weaver, (410) 786–5914. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Introduction 

Title XIX of the Social Security Act 

(the Act) authorizes Federal grants to 

States for Medicaid programs that 

provide medical assistance to lowincome families, the elderly and persons 

with disabilities. Each State administers 

the Medicaid program in accordance 

with an approved Medicaid State plan. 

States have considerable flexibility in 

designing their programs, but must 

comply with Federal requirements 

specified in the Medicaid statute, 

regulations, and program guidance. 

Sections 1902(a)(2), 1903(a), and 

1905(b) of the Act set forth requirements 

that describe how the responsibility to 

fund the Medicaid program will be 

shared between the Federal and State 

governments. Section 1905(b) of the Act 

delineates a percentage referred to as the 

Federal medical assistance percentage 

(FMAP) that determines on a State-byState basis the Federal and non-Federal 

share of program expenditures. Section 

1903(a) of the Act requires Federal 

reimbursement to the State of the 

Federal share. Section 1902(a)(2) of the 

Act and implementing regulations at 42 

CFR 433.50(a)(1) permit a State to 

delegate some responsibility for the 

non-Federal share of medical assistance 

expenditures to local units of 

government sources under some 

circumstances. 

The U.S. Troop Readiness, Veterans 

Care, Katrina Recovery and Iraq 

Accountability Appropriations Act of 

2007 prohibited the Secretary of Health 

and Human Services from finalizing or 

otherwise implement the provisions 

contained in a proposed rule published 

on January 18, 2007, titled ‘‘Medicaid 

Program; Cost Limit for Providers 

Operated by Units of Government and 

Provisions To Ensure the Integrity of 

Federal-State Financial Partnership’’ (72 

FR 2236 through 2248). 

B. Final Rule With Comment Period 

Published May 29, 2007 

On May 29, 2007, the Department of 

Human and Human Services (DHHS) 

published a final rule with comment 

period titled, ‘‘Medicaid Program; Cost 

Limit for Providers Operated by Units of 

Government and Provisions To Ensure 

the Integrity of Federal-State Financial 

Partnership’’ in the Federal Register (72 

FR 29747 through 29836). 

That final rule eliminated, modified, 

or implemented regulatory requirements 

pertaining to the financial relationship 


jdjones on DSK8KYBLC1PROD with RULES