Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 / Proposed Rules 2235 

* * * * * 

(b) * * * 

(4) For the purposes of the F019 

listing, the following apply to 

wastewater treatment sludges from the 

manufacturing of motor vehicles using a 

zinc phosphating process. 

(i) Motor vehicle manufacturing is 

defined to include the manufacture of 

automobiles and light trucks/utility 

vehicles (including light duty vans, 

pick-up trucks, minivans, and sport 

utility vehicles). Facilities must be 

engaged in manufacturing complete 

vehicles (body and chassis or unibody) 

or chassis only. 

(ii) Generators of wastewater 

treatment sludges that are claimed to be 

nonhazardous must ensure that 

shipments of such waste are placed in 

landfill units that are subject to or meet 

the landfill design criteria specified in 

the F019 listing description. 

(iii) Generators must maintain in their 

on-site records documentation and 

information sufficient to prove that the 

wastewater treatment sludges to be 

exempted from the F019 listing meet the 

condition of the listing. These records 

must include the volume of waste 

generated and disposed of off-site. 

Generators must maintain these 

documents on site for no less than three 

years. The retention period for the 

documentation is automatically 

extended during the course of any 

enforcement action or as requested by 

the Regional Administrator or the state 

regulatory authority. 

PART 302—DESIGNATION, 

REPORTABLE QUANTITIES, AND 

NOTIFICATION 

3. The authority citation for part 302 

continues to read as follows: 

Authority: 42 U.S.C. 9602, 9603, and 9604; 

33 U.S.C. 1321 and 1361. 

4. In § 302.4, Table 302.4 is amended 

by revising the entry for F019 in the 

table to read as follows: 

§ 302.4 Designation of hazardous 

substances. 

* * * * * 

TABLE 302.4.—LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES

[NOTE: All comments/notes are located at the end of this table] 

Hazardous substance CASRN Statutory 

code ✝ 

RCRA Waste 

No. 

Final RQ 

pounds (Kg) 

* * * * * * * 

F019 ....................................................................................................................... ...................... ...................... 4 F019 ......... 10 (4.54) 

Wastewater treatment sludges from the chemical conversion coating of aluminum except from zirconium phosphating in aluminum can washing when 

such phosphating is an exclusive conversion coating process. Wastewater 

treatment sludges from the manufacturing of motor vehicles using a zinc 

phosphating process will not be hazardous if the wastes are disposed in a 

landfill unit subject to, or otherwise meeting, the landfill requirements in 

§ 258.40, § 264.301 or § 265.301. For the purposes of this listing, motor vehicle manufacturing is defined in paragraph § 261.31(b)(4)(i) of this section; 

paragraphs § 261.31(b)(4)(ii) and (iii) of this section describe the responsibilities and recordkeeping requirements for motor vehicle manufacturing facilities. 

* * * * * 

[FR Doc. E7–640 Filed 1–17–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1989–0008; FRL–8268–5] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of intent to delete the 

Berkley Products Company Dump 

Priorities List Site from the National 

Priorities List; request for comments. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region III announces its 

intent to delete Berkley Products 

Company Dump Superfund Site (Site), 

located in West Cocalico Township, 

Lancaster County, Pennsylvania from 

the National Priorities List (NPL) and 

requests public comment on this 

proposed action. The NPL constitutes 

Appendix B of 40 CFR Part 300, which 

is the National Oil and Hazardous 

Substances Pollution Contingency Plan 

(NCP), which EPA promulgated 

pursuant to Section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA). 

EPA bases its proposal to delete the 

Site on the determination by EPA and 

the Commonwealth of Pennsylvania, 

through the Pennsylvania Department of 

Environmental Protection (PADEP), that 

all appropriate actions under CERCLA, 

other than operation and maintenance 

and five-year reviews, have been 

implemented to protect human health, 

welfare and the environment. However, 

this deletion does not preclude future 

actions under Superfund. 

In the ‘‘Rules and Regulations’’

Section of today’s Federal Register, EPA 

is publishing a direct final notice of 

deletion of Berkley Products Company 

Dump Superfund Site without prior 

notice of intent to delete because EPA 

views this as a noncontroversial 

revision and anticipates no adverse 

comment. EPA has explained its reasons 

for this deletion in the preamble to the 

direct final deletion. If EPA receives no 

adverse comment(s) on this notice of 

intent to delete or the direct final notice 

of deletion, EPA will not take further 

action. If EPA receives adverse 

comment(s), EPA will withdraw the 

direct final notice of deletion and it will 

not take effect. EPA will, as appropriate, 

address all public comments in a 

subsequent final deletion notice based 

on this notice of intent to delete. Any 

parties interested in commenting must 

do so at this time. For additional 

information, see the direct final notice 

of deletion which is located in the Rules 

section of this Federal Register. 

DATES: Comments must be received on 

or before February 20, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

SFUND–1989–0008, by one of the 

following methods: 


jlentini on PROD1PC65 with PROPOSAL
2236 Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 / Proposed Rules 

• www.regulations.gov: Follow the 

on-line instruction for submitting 

comments. 

• E-mail: schrock.roy@epa.gov. 

• Fax: 215–814–3002. 

• Mail: Mr. Roy Schrock, Remedial 

Project Manager (3HS22), U.S. EPA, 

Region 3, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103–

2029. 

• Hand Delivery: 1650 Arch Street, 

Philadelphia, Pennsylvania 19103–

2029. 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–SFUND–1989–

0008. 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 email 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 EPA’s Region III, Regional Center for 

Environmental Information (RCEI) 2nd 

floor, 1650 Arch Street, Philadelphia, 

Pennsylvania, 19103–1029, (215) 814–

5254 OR (800) 553–2509 Monday 

through Friday 8 a.m. to 5 p.m. 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Roy Schrock, Remedial Project Manager 

(3HS22), U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103–

2029; telephone number: 1–800–553–

2509 or (215) 814–3210; fax number: 

215–814–3002; e-mail address: 

schrock.roy@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information, see the Direct 

Final Notice of Deletion which is 

located in the Rules Section of this 

Federal Register. 

Information Respositories: 

Repositories have been established to 

provide detailed information concerning 

this decision at the following address: 

U.S. EPA Region III, Regional Center 

for Environmental Information (RCEI), 

2nd floor, 1650 Arch Street, 

Philadelphia, Pennsylvania, 19103–

2029, (215) 814–5254 or (800) 553–2509 

Monday through Friday 8 a.m. to 5 p.m. 

West Cocalico Township Municipal 

Building, 156B, West Main Street, 

Reinholds, Pennsylvania 17569, 

Monday through Friday 8 a.m. to 4:30 

p.m. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relation, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O.12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Dated: November 16, 2006. 

Donald Welsh, 

Regional Administrator, Region III. 

[FR Doc. E7–534 Filed 1–17–07; 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–2258–P] 

RIN 0938–A057 

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: Proposed rule. 

SUMMARY: This proposed rule would: 

Clarify that entities involved in the 

financing of the non-Federal share of 

Medicaid payments must be a unit of 

government; clarify the documentation 

required to support a certified public 

expenditure; limit reimbursement for 

health care providers that are operated 

by units of government to an amount 

that does not exceed the provider’s cost; 

require providers to receive and retain 

the full amount of total computable 

payments for services furnished under 

the approved State plan; and make 

conforming changes to provisions 

governing the State Child Health 

Insurance Program (SCHIP). The 

provisions of this regulation apply to all 

providers of Medicaid and SCHIP 

services, except that Medicaid managed 

care organizations and SCHIP providers 

are not subject to the cost limit 

provision of this regulation. Except as 

noted above, all Medicaid payments 

(including disproportionate share 

hospital payments) made under the 

authority of the State plan and under 

Medicaid waiver and demonstration 

authorities are subject to all provisions 

of this regulation. 

DATES: To be assured consideration, 

comments must be received at one of 

the addresses provided below, no later 

than 5 p.m. on March 19, 2007. 

ADDRESSES: In commenting, please refer 

to file code CMS–2258–P. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 

You may submit comments in one of 

four ways (no duplicates, please): 

1. Electronically. You may submit 

electronic comments on specific issues 

in this regulation to http:// 

www.cms.hhs.gov/eRulemaking. Click 

on the link ‘‘Submit electronic 

comments on CMS regulations with an 

open comment period.’’ (Attachments 


jlentini on PROD1PC65 with PROPOSAL