13708 Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2005–IL–0001; FRL–8290–

5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is approving volatile 

organic compound (VOC) rules for 

Formel Industries, Inc. (Formel) as a 

revision to the Illinois State 

Implementation Plan (SIP) for ground 

level ozone. On December 12, 2001 EPA 

approved an adjusted standard for 

Formel. At that time Formel, a 

flexographic printer in Cook County, 

Illinois, was given an adjusted standard 

because Illinois determined it was not 

technically feasible or economically 

reasonable for Formel to meet the VOC 

control requirements for flexographic 

printers. Illinois is now withdrawing the 

adjusted standard because Formel has 

installed a catalytic oxidizer that allows 

it to meet the VOC control requirements. 

This control device will reduce VOC 

emissions from Formel. VOC is an 

ozone precursor, so the VOC emissions 

reduction from Formel should help 

reduce ozone levels in Cook County, 

Illinois. 

DATES: This direct final rule will be 

effective May 22, 2007, unless EPA 

receives adverse comments by April 23, 

2007. If adverse comments are 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–R05–

OAR–2005–IL–0001, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 886–5824. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m. excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2005–IL–

0001. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or e-mail. The 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 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 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 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. We recommend that you 

telephone Matt Rau, Environmental 

Engineer, at (312) 886–6524 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Criteria 

Pollutant Section, Air Programs Branch 

(AR 18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

(312) 886–6524, rau.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What Is EPA Approving? 

II. What Is the Background for This Action? 

III. What Is EPA’s Analysis of the State 

Submission? 

IV. What Are the Environmental Effects of 

This Action? 

V. What Action Is EPA Taking Today? 

VI. Statutory and Executive Order Reviews 

I. What Is EPA Approving? 

EPA is approving a revision of the 

Illinois State Implementation Plan (SIP). 

This SIP revision removes an adjusted 

standard for Formel from 35 Illinois 

Administrative Code (IAC) Section 

218.401(a), (b), and (c), VOC control 

requirements for Chicago area printers. 

Formel has installed a catalytic oxidizer. 

Now that Formel has a control device 

installed, it can comply with the VOC 

control requirements. As a result, 

Illinois withdrew the adjusted standard 

for Formel and EPA is approving the 

withdrawal of the adjusted standard. 

Formel is required to operate a capture 

system and a control device that 

provides an overall VOC reduction of at 

least 60 percent. The control device 

must reduce captured VOC emissions by 

90 percent or more. 

II. What Is the Background for This 

Action? 

Formel is a flexographic printer in 

Cook County, Illinois. Formel has 

potential VOC emissions of 80 tons per 

year making it subject 35 IAC 

218.401(a), (b), and (c). The VOC rules, 

35 IAC 218.401, require printers to 

either use water-based compliant inks or 

to use a capture system and a control 

device. Formel prints food packaging on 

high slip plastic which precluded the 

use of compliant inks. In 2000, adding 

a control device was determined to not 

be economically reasonable. Formel 

requested and was granted an adjusted 

standard because it could not practically 

comply with the flexographic printing 

rule. Conditions in the adjusted 

standard require that the adjusted 

standard must be revised or withdrawn 

if Formel determines that it is feasible 

to use compliant inks or a control 

device. Formel has installed a catalytic 

oxidizer and is now complying with the 

flexographic printing rules. Formel must 


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Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Rules and Regulations 13709 

reduce VOC emissions by at least 60 

percent. The control device must 

destroy at least 90 percent of captured 

VOC emissions. The adjusted standard 

required Formel to buy allotments from 

other companies to offset its emissions. 

The VOC emission reductions from the 

control device at a minimum will be the 

same as achieved by buying allotments. 

Catalytic oxidizers operate more 

efficiently as the VOC concentration 

increase. Thus, Formel has incentive to 

maximizing its capture efficiency. The 

adjusted standard for Formel was 

terminated on April 15, 2004 by the 

Illinois Pollution Control Board. 

III. What Is EPA’s Analysis of the State 

Submission? 

Illinois provided the adjusted 

standard withdrawal notice. The state 

also provided background documents 

on the adjusted standard. Formel will 

comply with 35 IAC 218.401 with the 

adjusted standard being removed. This 

rule applies to flexographic printers in 

the Chicago ozone nonattainment area. 

The catalytic oxidizer Formel is now 

using should control the VOC emissions 

at least as much as the reductions from 

other sources that produced the 

allotments Formel purchased. 

IV. What Are the Environmental Effects 

of This Action? 

The Formel facility is located in Cook 

County, Illinois, which is part of the 

Chicago Moderate 8-hour ozone 

nonattainment area. 

Formel will now comply with the 

flexographic printing rule with its 

installed control device. Formel is 

reducing its VOC emissions, a precursor 

to ozone formation, with the control 

device. 

Ozone decreases lung function, 

causing chest pain and coughing. It can 

aggravate asthma, reduce lung capacity, 

and increase risk of respiratory diseases 

like pneumonia and bronchitis. 

Children playing outside and healthy 

adults who work or exercise outside 

also may be harmed by elevated ozone 

levels. Ozone also reduces vegetation 

growth in economically important 

agricultural crops and wild plants. VOC 

emissions will not increase, so ozone 

formation should not increase due to the 

Formel revision. 

V. What Action Is EPA Taking Today? 

EPA is approving revisions to the 

Illinois SIP that remove the adjusted 

standard for Formel. Formel has 

installed a control device and is 

complying with the flexographic 

printing rule. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective May 22, 2007 without further 

notice unless we receive relevant 

adverse written comments by April 23, 

2007. If we receive such comments, we 

will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. The EPA 

will not institute a second comment 

period. Any parties interested in 

commenting on this action should do so 

at this time. If we do not receive any 

comments, this action will be effective 

May 22, 2007. 

VI. Statutory and Executive Order 

Reviews 

Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. 

Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant energy 

action,’’ this action is also not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). 

Regulatory Flexibility Act 

This action merely approves state law 

as meeting Federal requirements and 

imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

Unfunded Mandates Reform Act 

Because this rule approves preexisting requirements under state law 

and does not impose any additional 

enforceable duty beyond that required 

by state law, it 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). 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(59 FR 22951, November 9, 2000). 

Executive Order 13132: Federalism 

This action also does not have 

Federalism implications because it does 

not have substantial direct effects on the 

states, on the relationship between the 

national government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. 

Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it approves a 

state rule implementing a Federal 

Standard. 

National Technology Transfer 

Advancement Act 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the state to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 


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13710 Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Rules and Regulations 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Congressional Review Act 

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 rule 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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 22, 2007. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Volatile organic compounds. 

Dated: February 28, 2007. 

Steve Rothblatt, 

Acting Regional Administrator, Region 5. 

■ For the reasons stated in the preamble, 

part 52, chapter I, of title 40 of the Code 

of Federal Regulations 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 O—Illinois 

■ 2. Section 52.720 is amended by 

adding paragraph (c)(176) to read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

(176) On June 14, 2004, Illinois 

submitted revisions to volatile organic 

compound rules for Formel Industries, 

Incorporated in Cook County, Illinois. 

The revisions consist of withdrawing an 

adjusted standard to the Flexographic 

Printing Rule. Formel Industries has 

installed a control device and is 

complying with the Flexographic 

Printing Rule. 

(i) Incorporation by reference. 

An April 15, 2004, Supplemental 

Opinion and Order of the Illinois 

Pollution Control Board AS 00–13, 

terminating Formel’s previously issued 

(January 18, 2001) adjusted standard 

from the Flexographic Printing Rule, 

effective April 15, 2004. 

[FR Doc. E7–5359 Filed 3–22–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 411 and 424 

[CMS–1810–RCN] 

RIN 0938–AK67 

Medicare Program; Physicians’

Referrals to Health Care Entities With 

Which They Have Financial Relations 

(Phase II); Continuation of 

Effectiveness and Extension of 

Timeline for Publication of Final Rule 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Interim final rule; continuation 

of effectiveness and extension of 

timeline for publication of final rule. 

SUMMARY: This notice announces the 

continuation of effectiveness of a 

Medicare interim final rule and the 

extension of the timeline for publication 

of the final rule. This notice is issued in 

accordance with section 1871(a)(3)(C) of 

the Social Security Act (the Act), which 

allows an interim final rule to remain in 

effect after the expiration of the timeline 

specified in section 1871(a)(3)(B) of the 

Act if the Secretary publishes a notice 

of continuation prior to the expiration of 

the timeline. 

DATES: Effective Date: This notice is 

effective on March 23, 2007. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Ohrin, (410) 786–4565. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 1871(a)(3)(A) of the Social 

Security Act (Act) requires the 

Secretary, in consultation with the 

Director of the Office of Management 

and Budget (OMB), to establish a regular 

timeline for the publication of a final 

rule based on the previous publication 

of a proposed rule or an interim final 

rule. In accordance with section 

1871(a)(3)(B) of the Act, such regular 

timeline may vary among different final 

rules, based on the complexity of the 

rule, the number and scope of the 

comments received, and other relevant 

factors. The timeline for publishing the 

final regulation; however, cannot exceed 

3 years from the date of publication of 

the proposed or interim final rule, 

unless there are exceptional 

circumstances. After consultation with 

the Director of OMB, we published a 

notice in the Federal Register on 

December 30, 2004 (69 FR 78442) 

establishing a general 3-year timeline for 

publishing final rules after the 

publication of a proposed or interim 

final rule. 

Section 1871(a)(3)(C) of the Act states 

that a Medicare interim final rule shall 

not continue in effect if the final rule is 

not published before the expiration of 

the regular timeline, unless the 

Secretary publishes at the end of the 

regular timeline a notice of continuation 

that includes an explanation of why the 

regular timeline was not met. Upon 

publication of such a notice, the 

timeline for publishing the final rule is 

extended for 1 year. 

II. Notice of Continuation 

On March 26, 2004, we published an 

interim final rule with comment period 

(the ‘‘Phase II’’ rule), which set forth the 

physician self-referral prohibition and 

applicable definitions, interpreted 

various statutory exceptions to the 

prohibition, and created additional 

regulatory exceptions for arrangements 

that do not pose a risk of program or 

patient abuse (69 FR 16054). Phase II 

also responded to comments received 

from an earlier interim final rule (the 

‘‘Phase I’’ rule) regarding the physician 

self-referral prohibition, which was 

published on January 4, 2001 (66 FR 

856). Under the previously established 

regular timeline for the publication of a 

final rule, we must respond to public 

comments on the Phase II rule in a final 

rule (the ‘‘Phase III’’ rule) published no 

later than March 26, 2007. 

This notice announces an extension of 

the timeline for publication of the Phase 

III physician self-referral final rule and 

the continuation of effectiveness of the 

Phase II interim final rule. We are not 

able to meet the 3-year timeline for 

publication because we received 

extensive public comments requesting 

clarification of and revisions to the 


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