10752 Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Proposed Rules 

1 In addition, EPAct05 Title IV amended the 

Energy Policy Act of 1992 (42 U.S.C. 13201 et seq.) 

(EPAct92) by adding the ‘‘Clean Air Coal Program’’ 

to support and promote the production and 

generation of clean coal-based power, including 

supporting air pollution control technologies. These 

provisions included, in EPAct05 § 421(a), a 

constraint similar to EPAct05 § 402(i). As amended 

by EPAct05 § 421(a), EPAct92 § 3103(e) (42 U.S.C. 

13573(e)) and EPAct92 § 3104(d) (42 U.S.C. 

13574(d)), provides, insofar as is presently relevant, 

under the heading, ‘‘Applicability,’’ that no 

technology, or level of emission reduction, shall be 

treated as adequately demonstrated for purpose of 

section 111 of the Clean Air Act solely by reason 

of the use of such technology, or the achievement 

of such emission reduction, by one or more 

facilities receiving assistance under section 

3102(a)(1) or (2) of the Energy Policy Act of 1992, 

as amended (42 U.S.C. 13572(a)(1)). 

This table is not intended to be 

exhaustive but to provide a guide for 

readers regarding entities likely to be 

affected by this NODA. To determine 

whether this NODA affects your facility, 

company, business, organization, etc., 

you should examine the applicability 

criteria in 40 CFR 60.1. If you have 

questions regarding applicability, 

consult either the air permitting 

authority for the entity in question or 

your EPA regional representative as 

listed in 40 CFR 60.4 or 40 CFR 63.13 

(General Provisions). 

II. What are the background and 

purpose of this NODA? 

On January 8, 2014, the EPA 

published the proposed rule, 

‘‘Standards of Performance for 

Greenhouse Gas Emissions From New 

Stationary Sources: Electric Utility 

Generating Units,’’ (79 FR 1430) which 

was issued pursuant to Clean Air Act 

(CAA) section 111. In the proposed rule, 

the EPA explains its rationale for 

emission standards for new fossil fuelfired boiler and integrated gasification 

combined cycle (IGCC) electric utility 

generating units (EGUs). These 

standards are based on the 

determination that the best system of 

emission reduction (BSER) for those 

sources is partial carbon capture and 

sequestration (CCS). The EPA today is 

providing a technical support document 

(TSD) that addresses the interaction of 

the determination of BSER in the 

proposed rule and several provisions in 

the Energy Policy Act of 2005 

(EPAct05), which are described 

immediately below. 

Limitations associated with EPAct05. 

In providing assistance to fossil fuelfired electricity generating plants and 

other facilities that employ advanced 

technology, EPAct05 included several 

provisions that limit the EPA’s authority 

to rely on information from those 

facilities in conducting rulemaking or 

taking other action under various 

provisions of the CAA, including 

section 111. Section 402(i) of the 

EPAct05, codified at 42 U.S.C. section 

15962(i), provides as follows, insofar as 

is presently relevant, that no 

technology, or level of emission 

reduction, solely by reason of the use of 

the technology, or the achievement of 

the emission reduction, by one or more 

facilities receiving assistance under 

EPAct05, shall be considered to be 

adequately demonstrated for purposes 

of section 111 of the Clean Air Act.1

In addition, internal revenue code (IRC) 

section 48A(g), codified at 26 USC section 

48A(g), provides, insofar as is presently 

relevant, that no use of technology (or level 

of emission reduction solely by reason of the 

use of the technology), and no achievement 

of any emission reduction by the 

demonstration of any technology or 

performance level, by or at one or more 

facilities with respect to which a credit is 

allowed under this section, shall be 

considered to indicate that the technology or 

performance level is adequately 

demonstrated for purposes of section 111 of 

the Clean Air Act. 

As explained in the TSD, the EPA’s 

preliminary interpretation of these 

provisions is that EPA may not rely on 

information from facilities that have 

received assistance under EPAct05, 

including being allowed tax credits 

under IRC section 48A, as the sole basis 

for a determination that a particular 

technology is the best system of 

emission reduction adequately 

demonstrated (BSER), but the EPA may 

rely on information from those facilities 

in conjunction from other information 

to support such a determination, or to 

corroborate an otherwise supported 

determination. In the TSD, the EPA also 

explains and solicits comments on other 

issues of interpretation that arise from 

the terms of IRC section 48A(g). 

2014 Proposal BSER and EPAct05. In 

the proposed rule, the EPA determined 

that implementation of partial capture 

CCS technology is the BSER for new 

fossil fuel-fired boilers and IGCC units 

because it fulfills the criteria established 

under CAA section 111. The EPA’s 

rationale, insofar as is relevant for 

present purposes, is that partial capture 

is technically feasible and can be 

implemented at a reasonable cost. In 

discussing its rationale, the EPA 

referenced some facilities that have 

received financial assistance under the 

EPAct05, including being allocated tax 

credits pursuant to IRC section 48A. As 

explained in the TSD, however, the 

EPA’s rationale does not depend solely 

upon those projects, and the 

determination remains adequately 

supported without any information from 

facilities that have been allocated the 

IRC section 48A tax credit. 

Thus, the EPA’s proposed standards, 

which are based on its determination 

that partial capture CCS represents the 

best system of emission reduction 

adequately demonstrated, are not 

beyond the scope of its legal authority. 

As indicated in the TSD, the EPA 

solicits comment on all aspects of the 

interpretation of the provisions in 

EPAct05, including IRC section 48A(g), 

that limit the EPA’s authority to rely on 

certain information in rulemaking under 

CAA section 111. 

List of Subjects 

40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

40 CFR Part 70 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

40 CFR Part 71 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Reporting and 

recordkeeping requirements. 

40 CFR Part 98 

Environmental protection, 

Greenhouse gases and monitoring, 

Reporting and recordkeeping 

requirements. 

Dated: February 5, 2014. 

Mary E. Henigin, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. 2014–03115 Filed 2–25–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 141 and 142 

[EPA–HQ–OW–2008–0878; FRL–9906–88– 

OW] 

National Primary Drinking Water 

Regulations: Minor Corrections to the 

Revisions to the Total Coliform Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: In this action, the 

Environmental Protection Agency (EPA) 

is proposing minor corrections to the 

final Revisions to the Total Coliform 

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Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Proposed Rules 10753 

Rule (RTCR), as authorized under the 

Safe Drinking Water Act, to correct 

typographical errors in sections relating 

to recordkeeping and State primacy 

requirements, which could affect 

implementation and enforcement of the 

RTCR if they were left uncorrected. This 

proposed action also includes other 

edits to the final rule language that are 

intended to improve the understanding 

of the rule and avoid confusion. This 

proposed action does not impose new 

requirements; rather it clarifies what 

must be included in States’ primacy 

applications related to this rule and the 

specific records water systems must 

keep. In the ‘‘Rules and Regulations’’ 

section of this Federal Register, EPA is 

making these minor corrections and 

edits to the final RTCR as a direct final 

rule without a prior proposed rule. If we 

receive no adverse comment, we will 

not take further action on this proposed 

rule. 

DATES: Written comments must be 

received by March 28, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2008–0878, by mail to Water 

Docket, Environmental Protection 

Agency, Mailcode: 2822T, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460. Comments may also be 

submitted electronically or through 

hand delivery/courier by following the 

detailed instructions in the ADDRESSES

section of the direct final rule located in 

the rules section of this Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: 

Sean Conley, Standards and Risk 

Management Division, Office of Ground 

Water and Drinking Water (MC–4607M), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone number: (202) 

564–1781; email address: conley.sean@

epa.gov. For general information, 

contact the Safe Drinking Water Hotline, 

telephone number: (800) 426–4791. The 

Safe Drinking Water Hotline is open 

Monday through Friday, excluding legal 

holidays, from 10 a.m. to 4 p.m. Eastern 

time. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Why is EPA issuing this proposed 

rule? 

EPA is proposing minor corrections to 

the final Revisions to the Total Coliform 

Rule (RTCR) to correct typographical 

errors in sections relating to 

recordkeeping and State primacy 

requirements, which could affect 

implementation and enforcement of the 

RTCR if left uncorrected. This proposed 

action also includes other edits to the 

final rule language that are intended to 

improve the understanding of the rule 

and avoid confusion. This proposed 

action does not impose new 

requirements; rather it clarifies what 

must be included in States’ primacy 

applications related to this rule and the 

specific records water systems must 

keep. 

II. Regulated Categories and Entities 

Entities potentially regulated by the 

proposed corrections to the final RTCR 

are all public water systems (PWSs). 

Regulated categories and entities 

include the following: 

Category Examples of regulated entities 

Industry .................................................... Privately-owned community water systems (CWSs), transient non-community water systems 

(TNCWSs), and non-transient non-community water systems (NTNCWSs). 

Federal, State, Tribal, and local governments.Publicly-owned CWSs, TNCWSs, and NTNCWSs. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities regulated 

by this action. This table lists the types 

of entities that EPA is now aware of that 

could potentially be regulated by this 

action. Other types of entities not listed 

in the table could also be regulated. To 

determine whether your facility is 

regulated by this action, you should 

carefully examine the definition of 

‘‘public water system’’ in § 141.2 and 

the section entitled ‘‘Coverage’’ in 

§ 141.3 in title 40 of the Code of Federal 

Regulations (CFR), and the applicability 

criteria in § 141.851(b) of the final 

RTCR. If you have questions regarding 

the applicability of this action to a 

particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

C. Copies of This Document and Other 

Related Information 

This document is available for 

download at http://water.epa.gov/

lawsregs/rulesregs/sdwa/tcr/regulation_

revisions.cfm. For other related 

information, see the docket section of 

the direct final rule located in the rules 

section of this Federal Register. 

D. Minor Corrections to the Revisions to 

the Total Coliform Rule (RTCR) 

Today’s proposed rule corrects, as 

authorized under the Safe Drinking 

Water Act (SDWA), two typographical 

errors in the final RTCR (78 FR 10269, 

February 13, 2013) rule language. First, 

this proposed action corrects a mistaken 

cross-reference regarding water system 

recordkeeping requirements for 

assessment forms and documentation of 

corrective actions and sanitary defects. 

EPA is correcting the cross-reference at 

§ 141.861(b)(1) to correctly provide that 

assessments, corrective actions and 

identification of sanitary defects are 

required under the treatment technique 

requirements of section 141.859 of the 

final RTCR. The burden for these 

recordkeeping requirements was 

reflected in the Revised Total Coliform 

Rule and in section 7 of the Economic 

Analysis (EA) for the Revised Total 

Coliform Rule (EPA–815–R–12–004). 

EPA also discussed these 

requirements in the preamble to the 

final RTCR on page 10295. Second, 

today’s proposed rule also corrects the 

introductory paragraph at § 142.16(q)(2) 

to correctly indicate that the State’s 

application for primacy must contain a 

written description of all provisions 

included in the subsections of the 

paragraph, (q)(2)(i) through (q)(2)(ix). It 

was always EPA’s intent that primacy 

applications must contain a written 

description of all provisions in 

142.16(q)(2), but when EPA added 

subparagraph (q)(2)(ix) to the final rule, 

EPA neglected to change the numbering 

in the paragraph (2) lead-in to the list of 

elements. EPA intended this to be the 

case, as demonstrated in the preamble to 

the final RTCR on page 10301. In 

addition, the burden for this State 

activity was also included in section 7 

of the Economic Analysis (EA) for the 

RTCR. EPA is not developing a new EA 

for today’s action because the EA for the 

final RTCR accounts for all costs 

associated with this rule. 

Today’s proposed rule also corrects 

the numbering in § 141.855(a) by adding 

subparagraph (d)(2) and reserving it, to 

most simply correct a numbering error 

that identified a subparagraph (d)(1) 

without a subsequent (d)(2). Correcting 

the numbering in this fashion will not 

interfere with any cross references to 

subparagraph (d)(1). 

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10754 Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Proposed Rules 

Today’s proposed rule also includes 

clarifying revisions to the language 

regarding primacy applications in 

§ 142.16(q)(2)(ii) to make it more clear 

in the special primacy requirements 

section of the RTCR that systems must 

implement at least one of listed 

additional criteria to qualify for reduced 

monitoring. EPA clearly intended this to 

be the case, as reflected in 

§ 141.854(h)(2) for NCWSs and 

§ 141.855(d) for CWSs, and in the 

preamble to the final RTCR at pages 

10281 and 10282. 

Next, the final rule clarifies situations 

requiring public notification in 

Appendix A to Subpart Q of Part 141 to 

list out all of the possible reporting 

violations under the RTCR that will 

require Tier 3 public notice. EPA clearly 

intended this to be the case, as reflected 

in item (6) in Table 1 to § 141.204 

(Violation Categories and Other 

Situations Requiring a Tier 3 Public 

Notice), which provides that all 

reporting and recordkeeping violations 

under the RTCR require Tier 3 public 

notice. Also, page 10294 of the preamble 

to the final RTCR clearly states that Tier 

3 PN is required for both monitoring 

and reporting violations under the 

RTCR. 

Finally, the final rule clarifies the 

analytical methods table in 

§ 141.852(a)(5) to place the citation 

‘‘Standard Methods Online 9223 B–97’’ 

for the Colilert analytical method in the 

correct column. 

These revisions do not change any 

rule requirements, are consistent with 

the rule requirements as intended by the 

Total Coliform Rule/Distribution System 

Advisory Committee that recommended 

the revisions to the Total Coliform Rule, 

and are intended only to clarify 

requirements and reduce confusion. 

II. Additional Supplementary 

Information 

We are publishing a Direct Final Rule 

to this parallel proposal in the final rule 

section of today’s Federal Register. 

Additional supplementary information 

is available in the Direct Final Rule, 

‘‘National Primary Drinking Water 

Regulation: Minor Corrections to the 

Revisions to the Total Coliform Rule.’’ 

Dated: February 10, 2014. 

Gina McCarthy, 

Administrator. 

[FR Doc. 2014–04171 Filed 2–25–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 414 

[CMS–1460–ANPRM] 

RIN 0938–AS05 

Medicare Program; Methodology for 

Adjusting Payment Amounts for 

Certain Durable Medical Equipment, 

Prosthetics, Orthotics, and Supplies 

(DMEPOS) Using Information From 

Competitive Bidding Programs 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Advance notice of proposed 

rulemaking (ANPRM). 

SUMMARY: This advance notice of 

proposed rulemaking (ANPRM) solicits 

public comments on different 

methodologies we may consider using 

with regard to applying information 

from the durable medical equipment, 

prosthetics, orthotics, and supplies 

(DMEPOS) competitive bidding 

programs to adjust Medicare fee 

schedule payment amounts or other 

Medicare payment amounts for 

DMEPOS items and services furnished 

in areas that are not included in these 

competitive bidding programs. In 

addition, we are also requesting 

comments on a different matter 

regarding ideas for potentially changing 

the payment methodologies used under 

the competitive bidding programs for 

certain durable medical equipment and 

enteral nutrition. 

DATES: To be assured consideration, 

comments must be received at one of 

the addresses provided below, no later 

than 5 p.m. on March 28, 2014. 

Customer Service Information: 

Individuals interested in obtaining 

information from the Centers for 

Medicare & Medicaid Services 

concerning current Medicare payment 

policies may call 1–800–MEDICARE 

(633–4227) or visit the Centers for 

Medicare & Medicaid Web site (http:// 

www.cms.gov) or (http://

www.medicare.gov). 

ADDRESSES: In commenting, please refer 

to file code CMS–1460–ANPRM. 

Because of staff and resource 

limitations, we cannot accept comments 

by facsimile (FAX) transmission. 

You may submit comments in one of 

four ways (please choose only one of the 

ways listed): 

1. Electronically. You may submit 

electronic comments on this regulation 

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

the ‘‘Submit a comment’’ instructions. 

2. By regular mail. You may mail 

written comments to the following 

address ONLY: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

CMS–1460–ANPRM, P.O. Box 8010, 

Baltimore, MD 21244–8010. 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

3. By express or overnight mail. You 

may send written comments to the 

following address ONLY: Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services, Attention: CMS–1460– 

ANPRM, Mail Stop C4–26–05, 7500 

Security Boulevard, Baltimore, MD 

21244–1850. 

4. By hand or courier. Alternatively, 

you may deliver (by hand or courier) 

your written comments ONLY to the 

following addresses prior to the close of 

the comment period: 

a. For delivery in Washington, DC— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Room 445–G, Hubert 

H. Humphrey Building, 200 

Independence Avenue SW., 

Washington, DC 20201 

(Because access to the interior of the 

Hubert H. Humphrey Building is not 

readily available to persons without 

Federal government identification, 

commenters are encouraged to leave 

their comments in the CMS drop slots 

located in the main lobby of the 

building. A stamp-in clock is available 

for persons wishing to retain a proof of 

filing by stamping in and retaining an 

extra copy of the comments being filed.) 

b. For delivery in Baltimore, MD— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 

If you intend to deliver your 

comments to the Baltimore address, call 

telephone number (410) 786–9994 in 

advance to schedule your arrival with 

one of our staff members. 

Comments erroneously mailed to the 

addresses indicated as appropriate for 

hand or courier delivery may be delayed 

and received after the comment period. 

For information on viewing public 

comments, see the beginning of the 

SUPPLEMENTARY INFORMATION section. 

FOR FURTHER INFORMATION CONTACT: 

Anita Greenberg, (410) 786–4601. 

Karen Jacobs, (410) 786–2173. 

Christopher Molling, (410) 786–6399. 

Hafsa Vahora, (410) 786–7899. 

SUPPLEMENTARY INFORMATION: Inspection 

of Public Comments: All comments 

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