Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Rules and Regulations 65587 

maintained by the provider to VA at 

least once per 12-month period. Any 

entities that are eligible to provide care 

through the Program must ensure that 

any of their providers furnishing care 

and services through the Program meet 

these standards. An eligible entity may 

submit this information on behalf of its 

providers. 

(Authority: Sec. 101, Pub. L. 113–146, 128 

Stat. 1754) 

(The information collection requirements 

have been submitted to the Office of 

Management and Budget and are pending 

OMB approval.) 

§ 17.1535 Payment rates and 

methodologies. 

(a) Payment rates. Payment rates will 

be negotiated and set forth in an 

agreement between the Secretary and an 

eligible entity or provider. 

(1) Except as otherwise provided in 

this section, payment rates may not 

exceed the rates paid by the United 

States to a provider of services (as 

defined in section 1861(u) of the Social 

Security Act (42 U.S.C. 1395x(u)) or a 

supplier (as defined in section 1861(d) 

of such Act (42 U.S.C. 1395x(d)) under 

the Medicare program under title XVIII 

of the Social Security Act (42 U.S.C. 

1395 et seq.) for the same care or 

services. These rates are known as the 

‘‘Medicare Fee Schedule’’ for VA 

purposes. 

(2) For eligible entities or providers in 

highly rural areas, the Secretary may 

enter into an agreement that includes a 

rate greater than the rate defined 

paragraph (a)(1) of this section for 

hospital care or medical services, so 

long as such rate is still determined by 

VA to be fair and reasonable. The term 

‘‘highly rural area’’ means an area 

located in a county that has fewer than 

seven individuals residing in that 

county per square mile. 

(3) When there are no available rates 

as described in paragraph (a)(1) of this 

section, the Secretary shall, to the extent 

consistent with the Veterans Access, 

Choice, and Accountability Act of 2014, 

follow the process and methodology 

outlined in §§ 17.55 and 17.56 and pay 

the resulting rate. 

(b) Payment responsibilities. 

Responsibility for payments will be as 

follows. 

(1) For a nonservice-connected 

disability, as that term is defined at 

§ 3.1(l) of this chapter, a health-care 

plan of an eligible veteran is primarily 

responsible, to the extent such care or 

services is covered by the health-care 

plan, for paying the eligible entity or 

provider for such hospital care or 

medical services as are authorized 

under §§ 17.1500 through 17.1540 and 

furnished to an eligible veteran. VA 

shall be responsible for promptly paying 

only for costs of the VA-authorized 

service not covered by such health-care 

plan, including a payment made by the 

veteran, except that such payment may 

not exceed the rate determined for such 

care or services pursuant to paragraph 

(a) of this section. 

(2) For hospital care or medical 

services furnished for a serviceconnected disability, as that term is 

defined at § 3.1(k) of this chapter, or 

pursuant to 38 U.S.C. 1710(e), 1720D, or 

1720E, VA is solely responsible for 

paying the eligible entity or provider for 

such hospital care or medical services as 

are authorized under §§ 17.1500 through 

17.1540 and furnished to an eligible 

veteran. 

(c) Authorized care. VA will only pay 

for an episode of care for hospital care 

or medical services authorized by VA. 

The eligible entity or provider must 

contact VA to receive authorization 

prior to providing any hospital care or 

medical services the eligible non-VA 

entity or provider believes are necessary 

that are not identified in the 

authorization VA submits to the eligible 

entity or provider. VA will only pay for 

the hospital care or medical services 

that are furnished by an eligible entity 

or provider. There must be an actual 

encounter with a health care provider, 

who is either an employee of an entity 

in an agreement with VA or who is 

furnishing care through an agreement 

the health care provider has entered into 

with VA, and such encounter must 

occur after an election is made by an 

eligible veteran. 

(Authority: Secs. 101, 105, Pub. L. 113–146, 

128 Stat. 1754) 

§ 17.1540 Claims processing system. 

(a) There is established within the 

Chief Business Office of the Veterans 

Health Administration a nationwide 

claims processing system for processing 

and paying bills or claims for authorized 

hospital care and medical services 

furnished to eligible veterans under 

§§ 17.1500 through 17.1540. 

(b) The Chief Business Office is 

responsible for overseeing the 

implementation and maintenance of 

such system. 

(c) The claims processing system will 

receive requests for payment from 

eligible entities and providers for 

hospital care or medical services 

furnished to eligible veterans. The 

claims processing system will provide 

accurate, timely payments for claims 

received in accordance with §§ 17.1500 

through 17.1540. 

(Authority: Secs. 101, 105, Pub. L. 113–146, 

128 Stat. 1754) 

[FR Doc. 2014–26316 Filed 11–4–14; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2014–0243; A–1–FRL– 

9918–00–Region 1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Maine; 

Volatile Organic Compound 

Regulations 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving four State 

Implementation Plan (SIP) revisions 

submitted by the State of Maine. These 

revisions establish Reasonably Available 

Control Technology (RACT) for two 

categories of volatile organic compound 

(VOC) sources and revise two existing 

VOC RACT regulations previously 

approved into Maine’s SIP. The 

intended effect of this action is to 

approve these requirements into the 

Maine SIP. This action is being taken 

under the Clean Air Act (CAA). 

DATES: This rule is effective on 

December 5, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2014–0243. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., CBI 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 

www.regulations.gov or in hard copy at 

the U.S. Environmental Protection 

Agency, EPA New England Regional 

Office, Office of Ecosystem Protection, 

Air Quality Planning Unit, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact 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 a.m. to 

4:30 p.m., excluding legal holidays. 

Copies of the documents relevant to 

this action are also available for public 


rmajette on DSK2VPTVN1PROD with RULES
65588 Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Rules and Regulations 

1EPA’s CTGs are posted at http://www.epa.gov/

aiqulaity/ozonepollution/SIPToolkit/ctgs.html. 

inspection during normal business 

hours, by appointment at the Bureau of 

Air Quality Control, Department of 

Environmental Protection, First Floor of 

the Tyson Building, Augusta Mental 

Health Institute Complex, Augusta, ME 

04333–0017. 

FOR FURTHER INFORMATION CONTACT: 

Anne K. McWilliams, Air Quality 

Planning Unit, U.S. Environmental 

Protection Agency, New England 

Regional Office, 5 Post Office Square— 

Suite 100, (Mail code OEP05–2), Boston, 

MA 02109–3912, telephone (617) 918– 

1697, facsimile (617) 918–0697, email 

mcwilliams.anne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background and Purpose 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background and Purpose 

On August 8, 2014 (79 FR 46384), 

EPA published a Notice of Proposed 

Rulemaking (NPR) for the State of 

Maine. In that action, EPA proposed 

approval of Maine’s Chapter 159, 

Control of Volatile Organic Compounds 

from Adhesives and Sealants, and 

Chapter 154, Control of Volatile Organic 

Compounds from Flexible Package 

Printing, submitted to EPA as a SIP 

revision on June 20, 2014 and October 

26, 2011, respectively. These regulations 

address RACT for the named VOC 

source categories consistent with the 

relevant Control Technique Guidelines 

(CTGs) issued by EPA.1 In addition, 

EPA proposed approval of revisions to 

Maine’s revised Chapter 111, Petroleum 

Liquid Storage Vapor Controls, and 

Chapter 112, Bulk Terminal Petroleum 

Liquid Transfer Requirements which 

further reduce VOC emissions from 

petroleum liquid storage tanks and bulk 

terminals, respectively. Maine’s revised 

Chapters 111 and 112 were submitted to 

EPA as a SIP revision on October 13, 

1999, and February 26, 1998, 

respectively. 

A detailed discussion of Maine’s VOC 

SIP revisions and EPA’s rationale for 

proposing approval of these SIP 

revisions was provided in the NPR and 

will not be restated here. No public 

comments were received on the NPR. 

II. Final Action 

EPA is approving, and incorporating 

into the Maine SIP, Maine’s Chapter 

159, Control of Volatile Organic 

Compounds from Adhesives and 

Sealants, and Chapter 154, Control of 

Volatile Organic Compounds from 

Flexible Package Printing, as meeting 

RACT for the miscellaneous industrial 

adhesives and flexible package printing 

CTG categories, respectively. In 

addition, EPA is approving, and 

incorporating into the Maine SIP, 

Maine’s revised Chapter 111, Petroleum 

Liquid Storage Vapor Controls, and 

revised Chapter 112, Bulk Terminal 

Petroleum Liquid Transfer 

Requirements, both of which are 

consistent with CAA requirements and 

with EPA guidance for reducing VOC 

emissions from petroleum liquid storage 

facilities and from bulk terminals, 

respectively. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

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

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

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law 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 Clean Air Act; 

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 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 January 5, 2015. 

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 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 


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Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Rules and Regulations 65589 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: October 27, 2014. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart U—Maine 

■ 2. In § 52.1020, the table in paragraph 

(c) entitled ‘‘EPA-Approved Maine 

Regulations’’ is amended by revising 

entries for Chapters 111 and 112 and 

adding entries in numerical order for 

Chapters 154 and 159 to read as follows: 

§ 52.1020 Identification of plan. 

* * * * * 

(c) EPA approved regulations. 

EPA-APPROVED MAINE REGULATIONS

State citation Title/subject State effective 

date 

EPA approval date and 

citation 1 Explanations 

*******

Chapter 111 .............. Petroleum Liquid Storage Vapor Control ... 9/29/1999 11/5/2014 [Insert Federal Register citation].

Chapter 112 .............. Bulk Terminal Petroleum Liquid Transfer 

Requirements.

2/22/1998 11/5/2014 [Insert Federal Register citation].

*******

Chapter 154 .............. Control of Volatile Organic Compounds 

from Flexible Package Printing.

7/20/2010 11/5/2014 [Insert Federal Register citation].

*******

Chapter 159 .............. Control of Volatile Organic Compounds 

from Adhesives and Sealants.

6/2/2014 11/5/2014 [Insert Federal Register citation].

*******

1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

* * * * * 

[FR Doc. 2014–26174 Filed 11–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R05–OAR–2011–0968; FRL–9918–78– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Withdrawal of Direct Final Rule 

AGENCY: Environmental Protection 

Agency. 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to the receipt of an 

adverse comment, the Environmental 

Protection Agency (EPA) is withdrawing 

the September 17, 2014, direct final rule 

approving a revision to provisions in 

Title 326 of the Indiana Administrative 

Code, Article 4, Rule 1, Open Burning 

Rule. 

DATES: The direct final rule published at 

79 FR 55641 on September 17, 2014, is 

withdrawn effective November 5, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), USEPA, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031 

hatten.charles@epa.gov. 

SUPPLEMENTARY INFORMATION: The State 

of Indiana submitted this revision as a 

modification to the State 

Implementation Plan for open burning 

on November 14, 2011. In the direct 

final rule, EPA stated that if adverse 

comments were submitted by October 

17, 2014, the rule would be withdrawn 

and not take effect. On September 21, 

2014, EPA received an adverse comment 

and, therefore, is withdrawing the direct 

final rule. EPA will address the 

comment in a subsequent final action 

based upon the proposed action also 

published on September 17, 2014. EPA 

will not institute a second comment 

period on this action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Emissions Reporting, 

Incorporation by reference, Ozone, 

Volatile organic compounds. 

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

Dated: October 24, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ Accordingly, the amendment to 40 

CFR 52.770 published in the Federal 

Register on September 17, 2014 (79 FR 

55641) on pages 55644–55645 is 

withdrawn effective November 5, 2014. 

[FR Doc. 2014–26164 Filed 11–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2014–0733; FRL–9918– 

52–OSWER] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; Technical Amendment To Update 

Data Management System 

Nomenclature 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 


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