Federal Register / Vol. 62, No. 214 / Wednesday, November 5, 1997 / Rules and Regulations 59813

residency under current regulations, but

do not intend to live in the U.S.

In evaluating evidence of residency

for SSI purposes, the term actual

dwelling place will encompass different

types of living situations including the

situation of a homeless individual.

Another requirement for eligibility for

SSI benefits is that an individual must

be either a citizen or national of the U.S.

or a qualified alien as defined in 8

U.S.C. 1641(b) who meets one of the

exceptions in 8 U.S.C. 1612(a)(2).

Section 416.1610 of the regulations lists

the various types of evidence that an

individual can submit as proof that he

or she is a citizen or national. Among

the acceptable types of evidence for a

U.S. citizen or national is a religious

record of birth or baptism which shows

the individual was born in the U.S.

However, § 416.1610(a)(2) currently

does not specify that the place of

recordation must be in the U.S., nor

does it set any time limits on when the

record must have been established.

Prior SSA studies have shown that

religious records of birth or baptism

recorded in the U.S. within 3 months of

birth are generally reliable. Records

made after 3 months of birth are more

prone to fraud. While not a foolproof

fraud deterrent, these final regulations

will help to limit fraud by lessening the

chance of an individual later coming

into the U.S. and using a fraudulent

religious record of birth or baptism to

obtain SSI benefits.

Explanation of Revisions

In these final regulations, we are

revising § 416.1603(b) to define

precisely what we mean by ‘‘living

within the geographical limits of the

United States’’ and to reflect the

evidence required by § 416.1603(a). We

are also revising § 416.1610(a)(2) to

specify that, in addition to showing that

the individual was born in the U.S., a

religious record of birth or baptism must

have been recorded in the U.S. within

3 months of birth.

In addition, we are correcting a

typographical error in the wording of

the second sentence in § 416.1180

concerning income that is used or set

aside to be used under a plan to become

self-supporting.

On April 22, 1996, we published

proposed rules in the Federal Register

at 61 FR 17609 and provided a 60-day

period for interested individuals to

comment. We received no comments.

We are, therefore, publishing these final

rules unchanged.

Regulatory Procedures

Regulatory Flexibility Act

We certify that these final regulations

will not have a significant economic

impact on a substantial number of small

entities because they only affect

individuals who claim benefits under

title XVI of the Social Security Act.

Therefore, a regulatory flexibility

analysis as provided in Public Law 96–

354, the Regulatory Flexibility Act, is

not required.

Executive Order 12866

We have consulted with the Office of

Management and Budget (OMB) and

determined that these final regulations

do not meet the criteria for a significant

regulatory action under Executive Order

12866. Thus, they were not subject to

OMB review.

Paperwork Reduction Act

These final regulations impose no

reporting/recordkeeping requirements

necessitating clearance by OMB.

(Catalog of Federal Domestic Assistance

Program No. 96.006, Supplemental Security

Income)

List of Subjects in 20 CFR Part 416

Administrative practice and

procedure, Aged, Blind, Disability

benefits, Public assistance programs,

Reporting and recordkeeping

requirements, Supplemental Security

Income (SSI).

Dated: October 27, 1997.

Kenneth S. Apfel,

Commissioner of Social Security.

For the reasons set forth in the

preamble, we are amending subparts K

and P of part 416 of chapter III of title

20 of the Code of Federal Regulations as

set forth below.

PART 416—SUPPLEMENTAL

SECURITY INCOME FOR THE AGED,

BLIND, AND DISABLED

Subpart K—[Amended]

1. The authority citation for subpart K

of part 416 continues to read as follows:

Authority: Secs. 702(a)(5), 1602, 1611,

1612, 1613, 1614(f), 1621, and 1631 of the

Social Security Act (42 U.S.C. 902(a)(5),

1381a, 1382, 1382a, 1382b, 1382c(f), 1382j,

and 1383); sec. 211, Pub. L. 93–66, 87 Stat

154 (42 U.S.C. 1382 note).

2. Section 416.1180 is amended by

revising the second sentence to read as

follows:

§ 416.1180 General.

* * * If you are blind or disabled, we

will pay you SSI benefits and will not

count the part of your income that you

use or set aside to use under a plan to

become self-supporting. * * *

Subpart P—[Amended]

3. The authority citation for subpart P

of part 416 continues to read as follows:

Authority: Secs. 702(a)(5), 1614(a)(1)(B)

and (e), and 1631 of the Social Security Act

(42 U.S.C. 902(a)(5), 1382c(a)(1)(B) and (e),

and 1383); 8 U.S.C. 1254a; sec. 502, Pub. L.

94–241, 90 Stat. 268 (48 U.S.C. 1681 note).

4. Section 416.1603 is amended by

revising paragraph (b) to read as follows:

§ 416.1603 How to prove you are a

resident of the United States.

* * * * *

(b) What ‘‘resident of the United

States’’ means. We use the term resident

of the United States to mean a person

who has established an actual dwelling

place within the geographical limits of

the United States with the intent to

continue to live in the United States.

* * * * *

3. Section 416.1610 is amended by

revising paragraph (a)(2) to read as

follows:

§ 416.1610 How to prove you are a citizen

or a national of the United States.

(a) * * *

(2) A certified copy of a religious

record of your birth or baptism,

recorded in the United States within 3

months of your birth, which shows you

were born in the United States;

* * * * *

[FR Doc. 97–29187 Filed 11–4–97; 8:45 am]

BILLING CODE 4190–29–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 58

[AD–FRL–5903–5]

RIN 2060–AF71

Ambient Air Quality Surveillance for

Lead

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: Lead air pollution levels

measured near the Nation’s roadways

have decreased 97 percent between

1976 and 1995 with the elimination of

lead in gasoline used by on-road mobile

sources. Because of this historic

decrease, EPA is shifting its ambient air

monitoring focus from measuring lead

air pollutant concentrations emanating

from mobile source emissions toward a

focus on stationary point sources of lead
59814 Federal Register / Vol. 62, No. 214 / Wednesday, November 5, 1997 / Rules and Regulations

air pollution. Today’s action revises the

part 58 lead air monitoring regulations

to allow many lead monitoring stations

to be discontinued while maintaining a

core lead monitoring network in urban

areas to track continued compliance

with the lead National Ambient Air

Quality Standard (NAAQS). This action

also requires lead ambient air

monitoring around lead stationary

sources. This action is being taken at the

direct request of numerous State and

local agencies whose on-road mobile

source-oriented lead monitors have been

reporting peak lead air pollution values

that are many times less than the

quarterly lead NAAQS of 1.5 μg/m3 for

many years. Approximately 70 of the

National Air Monitoring Stations

(NAMS) and a number of the State and

Local Air Monitoring Stations (SLAMS)

could be discontinued with this action,

thus making more resources available to

those State and local agencies to deploy

lead air quality monitors around

heretofore unmonitored lead stationary

sources.

DATES: The effective date of this rule is

December 22, 1997 unless adverse or

critical comments are received by

December 5, 1997. If adverse or critical

comments are received by December 5,

1997, and the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Comments should be

submitted (in duplicate, if possible) to:

Air Docket (LE–131), US Environmental

Protection Agency, Attn: Docket No. A–

91–22, 401 M Street, SW, Washington,

DC 20460.

FOR FURTHER INFORMATION CONTACT:

Brenda Millar, Emissions, Monitoring,

and Analysis Division (MD–14), Office

of Air Quality Planning and Standards,

U.S. Environmental Protection Agency,

Research Triangle Park, North Carolina

27711, Telephone: (919) 541–4036, email: millar, brenda@email.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Authority

Sections 110, 301(a), and 319 of the

Clean Air Act as amended 42 U.S.C.

7410, 7601(a), 7619.

II. Background

The current ambient air monitoring

regulations that pertain to lead air

sampling were written in the 1970’s

when lead emissions from on-road

mobile sources (e.g., automobiles,

trucks) were the predominant lead air

emission source affecting our

communities. As such, the current lead

monitoring requirements focus

primarily upon the idea of determining

the air quality impacts from major

roadways and urban traffic arterial

highways. Since the 1970’s, lead has

been removed from gasoline sources for

on-road vehicles (on-road vehicles now

account for less than 1 percent of total

lead emissions), and a 97 percent

decrease in lead air pollution levels

measured in our neighborhoods and

near roadways has occurred nationwide.

Because of this historic decrease, EPA is

reducing its requirements for measuring

lead air pollutant concentrations near

major highways, and is focusing on

stationary point sources and their

impacts on neighboring populations.

The current lead air monitoring

regulations require that each urbanized

area with a population of 500,000 or

more operate at least two lead NAMS,

one of which must be a roadwayoriented site and the second must be a

neighborhood site with nearby traffic

arteries or other major roadways. There

are approximately 85 NAMS in

operation and reporting data for 1996.

This action would reduce this NAMS

requirement to include one NAMS site

in one of the two largest Metropolitan

Statistical Areas (MSA/CMSA) within

each of the ten EPA Regions, and one

NAMS population-oriented site in each

populated area (either a MSA/CMSA,

town, or county) where lead violations

have been measured over the most

recent 8 calendar quarters. This latter

requirement is designed to provide

information to citizens living in areas

that have one or more lead stationary

sources that are causing recent air

quality violations.

At present, the MSA/CMSAs, cities,

or counties that have one or more

quarterly Pb NAAQS violations that

would be subject to this requirement

include:

TABLE 1.—CMSA/MSA’S OR COUNTIES WITH ONE OR MORE LEAD

NAAQS VIOLATIONS IN 1995–96

CMSA/MSA or county Contributing lead

source(s)

Philadelphia-Wilmington-Atlantic City

CMSA.

Franklin Smelter in

Philadelphia County, PA.

Tampa-St. Petersburg-Clearwater

MSA.

Gulf Coast Lead in

Hillsborough County, FL.

Memphis MSA ........... Refined Metals in

Shelby County, TN.

Nashville MSA ........... General Smelting in

Williamson County,

TN.

St. Louis MSA ........... Chemetco in Madison

County, IL, and

Doe Run in Jefferson County, MO.

Cleveland-Akron

CMSA.

Master Metals in Cuyahoga County, OH.

Iron County, MO ........ ASARCO in/near

Hogan, MO.

Omaha MSA .............. ASARCO in Douglas

County, NE.

Lewis and Clark

County, MT.

ASARCO in/near

East Helena, MT.

Data from these NAMS will be used

to assess national trends in lead ambient

air pollution. Figure 1 demonstrates the

effect that these monitoring reductions

will have on our national lead air

pollutant trends.

BILLING CODE 6560–50–P
Federal Register / Vol. 62, No. 214 / Wednesday, November 5, 1997 / Rules and Regulations 59815

BILLING CODE 6560–50–C

For other monitoring within the

SLAMS network, EPA is requiring State

and local agencies to focus their efforts

toward establishing air monitoring

networks around lead stationary sources

which are causing or have a potential to

cause exceedances of the quarterly lead

NAAQS. Many of these sources have

been identified through EPA’s ongoing

Lead NAAQS Attainment Strategy, and

monitoring has already been

established. In general, stationary

sources emitting five or more tons per

year are considered to be candidates for

additional lead monitoring, although

smaller stationary sources may also be

problematic depending upon the

facility’s size and proximity to

neighborhoods. EPA recommends a

minimum of two sites per source, one

located for stack emission impacts and

the other for fugitive emission impacts.

Variations of this two-site network are

expected as source type, topography,

locations of neighboring populations,

and other factors play a role in how to

most appropriately design such a

network. EPA guidance for lead

monitoring around point sources has

been developed and is available through

a variety of sources including the

National Technical Information Service

(703–487–4650), and electronic forms

accessible through EPA’s Office of Air

Quality Planning & Standards

Technology Transfer Network, Ambient

Monitoring Technology Information

Center (AMTIC) bulletin board system at

http://ttnwww.rtpnc.epa.gov.

In addition to the changes to the lead

monitoring requirements, EPA is

making several minor changes to update

and correct regulatory provisions to

current practices. Specifically this

affects sections 58.31, 58.34, 58.41,

Appendix B, Appendix D sections 3.2

and 3.3, and Appendix G, sections 1 and

2b.

III. Administrative Requirements

Section

A. Executive Order 12866

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the Agency

must determine whether the regulatory

action is ‘‘significant’’ and therefore

subject to Office of Management and

Budget (OMB) review and to the

requirements of the Executive Order.

The Order defines ‘‘significant

regulatory action’’ as one that is likely

to result in a rule that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another Agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations or recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

It has been determined that this action

is not a ‘‘significant regulatory action’’

under the terms of the Executive Order

12866 and is therefore not subject to

formal OMB review.

B. Paperwork Reduction Act

Today’s action does not impose any

new information collection burden. This

action revises the part 58 air monitoring

regulations for lead to allow many

monitoring sites to be discontinued. The

Office of Management and Budget

(OMB) has previously approved the

information collection requirements in

the part 58 regulation under the

provisions of the Paperwork Reduction

Act, 44 U.S.C. 3501 et seq. and has

assigned OMB control number 2060–

0084 (EPA ICR No. 0940.13 and revised

by 0940.14).

C. Impact on Small Entities

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entitites.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions whose

jurisdictions are less than 50,000

people. This final rule will not have a

significant impact on a substantial

number of small entities because it does

not impact small entities whose
59816 Federal Register / Vol. 62, No. 214 / Wednesday, November 5, 1997 / Rules and Regulations

jurisdictions cover less than 50,000

people. Pursuant to the provision of 5

U.S.C. 605(b), I certify that this action

will not have a significant economic

impact on a substantial number of small

entities.

Since this modification is classified as

minor, no additional reviews are

required.

D. Unfunded Mandates Reform Act of

1995

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final

standards that include a Federal

mandate that may result in estimated

costs to State, local, or tribal

governments, or to the private sector, of,

in the aggregate, $100 million or more.

Under section 205, the EPA must select

the most cost-effective and least

burdensome alternative that achieves

the objectives of the standard and is

consistent with statutory requirements.

Section 203 requires EPA to establish a

plan for informing and advising any

small governments that may be

significantly or uniquely impacted by

the standards. The EPA has determined

that this action does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments. Therefore, the

requirements of the Unfunded Mandates

Act of 1995 do not apply to this action.

E. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 58

Environmental protection, Air

pollution control, Intergovernmental

relations, Reporting and recordkeeping

requirements, Quality assurance

requirements.

Dated: October 30, 1997.

Carol W. Browner,

Administrator.

For the reasons set forth in the

preamble, title 40, chapter I, part 58 of

the Code of Federal Regulations is

amended as follows:

PART 58—[AMENDED]

1. The authority citation for part 58

continues to read as follows:

Authority: 42 U.S.C. 7410, 7601(a), 7613,

7619.

2. Section 58.31(a) is revised to read

as follows:

§ 58.31 NAMS network description.

* * * * *

(a) The AIRS site identification

number for existing stations.

* * * * *

3. Section 58.34(a) is revised to read

as follows:

§ 58.34 NAMS network completion.

* * * * *

(a) Each NAMS must be in operation,

be sited in accordance with the criteria

in Appendix E to this part, and be

located as described in the AIRS

database; and

* * * * *

4. Section 58.41(b) is revised to read

as follows:

§ 58.41 PAMS network description.

* * * * *

(b) The AIRS site identification

number for existing stations.

* * * * *

5. Appendix D is amended by revising

the first sentence of paragraph 3 of

section 1, revising section 2.7, revising

the fifth paragraph of section 3, revising

the last sentence of the first paragraph

of section 3.2, revising the last sentence

of the first paragraph of section 3.3,

revising section 3.6, and revising

references 6, 7, 10 of section 6 and

adding reference 19 to section 6 to read

as follows:

Appendix D—Network Design for State

and Local Air Monitoring Stations

(SLAMS), National Air Monitoring

Stations (NAMS), and Photochemical

Assessment Monitoring Stations

(PAMS)

* * * * *

1. SLAMS Monitoring Objectives and

Spatial Scales

* * * * *

It should be noted that this appendix

contains no criteria for determining the

total number of stations in SLAMS

networks. * * *

* * * * *

2.7 Lead (Pb) Design Criteria for SLAMS.

Presently, less than 1 percent of the Nation’s

Pb air pollution emissions originate from onroad mobile source exhaust. The majority of

Pb emissions come from stationary point

sources, such as metals processing facilities,

waste disposal and recycling, and fuel

combustion (reference 19 of this appendix).

The SLAMS networks are used to assess the

air quality impacts of stationary Pb sources,

and to determine the broad population

exposure from any Pb source. The most

important spatial scales to effectively

characterize the emissions from both mobile

and stationary sources are the micro, middle,

and neighborhood scales. For purposes of

establishing monitoring stations to represent

large homogeneous areas other than the

above scales of representativeness, urban or

regional scale stations may also be needed.

Microscale—This scale would typify areas

in close proximity to stationary lead sources

or downtown street canyons and traffic

corridors where the general public would be

exposed to maximum concentrations from

mobile sources. Because of the very steep

ambient Pb gradients resulting from Pb

emissions from mobile sources (reference 7 of

this appendix), the dimensions of the

microscale for Pb generally would not extend

beyond 15 meters from the roadway.

Emissions from stationary sources such as

primary and secondary lead smelters, and

primary copper smelters may under

fumigation conditions likewise result in high

ground level concentrations at the

microscale. In the latter case, the microscale

would represent an area impacted by the

plume with dimensions extending up to

approximately 100 meters. Data collected at

microscale stations provide information for

evaluating and developing ‘‘hot-spot’’ control

measures.

Middle Scale—This scale generally

represents Pb air quality levels in areas up to

several city blocks in size with dimensions

on the order of approximately 100 meters to

500 meters. The middle scale may for

example, include schools and playgrounds in

center city areas which are close to major Pb

stationary sources. Pb monitors in such areas

are desirable because of the higher sensitivity

of children to exposures of elevated Pb

concentrations (reference 7 of this appendix).

Emissions from point sources frequently

impact on areas at which single sites may be

located to measure concentrations

representing middle spatial scales.

Neighborhood Scale—The neighborhood

scale would characterize air quality

conditions throughout some relatively

uniform land use areas with dimensions in

the 0.5 to 4.0 kilometer range. Stations of this

scale would provide monitoring data in areas

representing conditions where children live

and play. Monitoring in such areas is

important since this segment of the

population is more susceptible to the effects

of Pb. Where a neighborhood site is located

away from immediate Pb sources, the site

may be very useful in representing typical air

quality values for a larger residential area,

and therefore suitable for population

exposure and trends analyses.

Urban Scale—Such stations would be used

to present ambient Pb concentrations over an

entire metropolitan area with dimensions in

the 4 to 50 kilometer range. An urban scale

station would be useful for assessing trends

in citywide air quality and the effectiveness

of larger scale air pollution control strategies.

Regional Scale—Measurements from these

stations would characterize air quality levels
Federal Register / Vol. 62, No. 214 / Wednesday, November 5, 1997 / Rules and Regulations 59817

over areas having dimensions of 50 to

hundreds of kilometers. This large scale of

representativeness, rarely used in Pb

monitoring, would be most applicable to

sparsely populated areas and could provide

information on background air quality and

inter-regional pollutant transport.

Monitoring for ambient Pb levels is

required for all major urbanized areas where

Pb levels have been shown or are expected

to be of significant concern due to the

proximity of stationary Pb emissions sources.

Sources emitting five tons per year or more

of actual point and fugitive Pb emissions

would generally be candidates for lead

ambient air monitoring. Smaller sources

could also pose a potential air quality

problem in certain cases, e.g., if the facility

is geographically compact and located very

close to neighborhoods. Modeling may be

needed to determine if a source has the

potential to exceed the quarterly lead

National Ambient Air Quality Standard

(NAAQS). The total number and type of

stations for SLAMS are not prescribed but

must be determined on a case-by-case basis.

As a minimum, there must be two stations in

any area where Pb concentrations currently

exceed or have exceeded 1.5 μg/m3 quarterly

arithmetic mean measured during any one

quarter of the most recent eight quarters.

Where the Pb air quality violations are

widespread or the emissions density,

topography, or population locations are

complex and varied, there may be a need to

establish more than two Pb ambient air

monitoring stations. The EPA Regional

Administrator may specify more than two

monitoring stations if it is found that two

stations are insufficient to adequately

determine if the Pb standard is being attained

and maintained. The Regional Administrator

may also specify that stations be located in

areas outside the boundaries of the urbanized

areas.

Concerning the previously discussed

required minimum of two stations, at least

one of the stations must be a category (a) type

station and the second may be either category

(a) or (b) depending upon the extent of the

stationary source’s impact and the existence

of residential neighborhoods surrounding the

source. When the source is located in an area

that is subject to NAMS requirements as in

Section 3 of this Appendix, it is preferred

that the NAMS site be used to describe the

population’s exposure and the second

SLAMS site be used as a category (a) site.

Both of these categories of stations are

defined in section 3.

To locate monitoring stations, it will be

necessary to obtain background information

such as stationary and mobile source

emissions inventories, climatological

summaries, and local geographical

characteristics. Such information should be

used to identify areas that are most suitable

to the particular monitoring objective and

spatial scale of representativeness desired.

References 9 & 10 of this appendix provide

additional guidance on locating sites to meet

specific urban area monitoring objectives and

should be used in locating new stations or

evaluating the adequacy of existing stations.

After locating each Pb station and, to the

extent practicable, taking into consideration

the collective impact of all Pb sources and

surrounding physical characteristics of the

siting area, a spatial scale of

representativeness must be assigned to each

station.

* * * * *

3. Network Design for National Air

Monitoring Stations (NAMS).

* * * * *

For each urban area where NAMS are

required, both categories of monitoring

stations must be established. In the case of

Pb and SO2 if only one NAMS is needed,

then category (a) must be used. The analysis

and interpretation of data from NAMS should

consider the distinction between these types

of stations as appropriate.

* * * * *

3.2 Sulfur Dioxide Design Criteria for

NAMS * * *

The actual number and location of the

NAMS must be determined by EPA Regional

Offices and the State Agency, subject to the

approval of EPA Headquarters, Office of Air

Quality Planning and Standards (OAQPS).

* * * * *

3.3 Carbon Monoxide (CO) Design

Criteria for NAMS * * *

At the national level, EPA will not

routinely require data from as many stations

as are required for PM–10, and perhaps SO2,

since CO trend stations are principally

needed to assess the overall air quality

progress resulting from the emission controls

required by the Federal motor vehicle control

program (FMVCP) and other local controls.

* * * * *

3.6 Lead (Pb) Design Criteria for NAMS.

In order to achieve the national monitoring

objective, one NAMS site must be located in

one of the two cities with the greatest

population in the following ten regions of the

country (the choice of which of the two

metropolitan areas should have the lead

NAMS requirement is made by the

Administrator or the Administrator’s

designee using the recommendation of the

Regional Administrators or the Regional

Administrators’ designee):

EPA REGIONS & TWO CURRENT LARGEST MSA/CMSAS (USING 1995 CENSUS DATA)

Region (States) Two largest MSA/CMSAs

I (Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island,

Vermont).

Boston-Worcester-Lawrence CMSA, Hartford, CT MSA

II (New Jersey, New York, Puerto Rico, U.S. Virgin Islands) .................. New York-Northern New Jersey-Long Island, CMSA, San JuanCaguas-Arecibo, PR CMSA.

III (Delaware, Maryland, Pennsylvania, Virginia, West Virginia, Washington, D.C.).Washington-Baltimore CMSA, Philadelphia-Wilmington-Atlantic City

CMSA.

IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,

South Carolina, Tennessee).

Miami-Fort Lauderdale CMSA, Atlanta, GA MSA.

V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin) .................... Chicago-Gary-Kenosha CMSA, Detroit-Ann Arbor-Flint CMSA.

VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas) ...................... Dallas-Fort Worth CMSA, Houston-Galveston-Brazoria CMSA.

VII (Iowa, Kansas, Missouri, Nebraska) ................................................... St. Louis MSA, Kansas City MSA

VIII (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming) Denver-Boulder-Greeley CMSA, Salt Lake City-Ogden MSA.

IX (American Samoa, Arizona, California, Guam, Hawaii, Nevada) ........ Los Angeles-Riverside-Orange County CMSA, San Francisco-OaklandSan Jose CMSA.

X (Alaska, Idaho, Oregon, Washington) ................................................... Seattle-Tacoma-Bremerton CMSA, Portland-Salem CMSA.

In addition, one NAMS site must be

located in each of the MSA/CMSAs where

one or more violations of the quarterly Pb

NAAQS have been recorded over the

previous eight quarters. If a violation of the

quarterly Pb NAAQS is measured at a

monitoring site outside of a MSA/CMSA, one

NAMS site must be located within the county

in a populated area, apart from the Pb source,

to assess area wide Pb air pollution levels.

These NAMS sites should represent the

maximum Pb concentrations measured

within the MSA/CMSA, city, or county that

is not directly impacted from a single

stationary Pb source. This site may be a

microscale or middle scale category (a)

station, located adjacent to a major roadway

(e.g., >30,000 ADT), or a neighborhood scale

category (b) station that is located in a highly

populated residential section of the MSA/

CMSA or county where the traffic density is

high. Data from these sites will be used to

assess general conditions for large MSA/

CMSAs and other populated areas as a

marker for national trends, and to confirm

continued attainment of the Pb NAAQS. In

some cases, the MSA/CMSA subject to the

latter lead NAMS requirement due to a

violating stationary source will be the same

MSA/CMSA subject to the lead NAMS

requirement based upon its population. For
59818 Federal Register / Vol. 62, No. 214 / Wednesday, November 5, 1997 / Rules and Regulations

these situations, the total minimum number

of required lead NAMS is one.

* * * * *

6. References.

* * * * *

6. Lead Guideline Document, U.S.

Environmental Protection Agency, Research

Triangle Park, NC. EPA–452/R–93–009.

7. Air Quality Criteria for Lead. Office of

Research and Development, U.S.

Environmental Protection Agency,

Washington, DC. EPA–600/8–83–028 aF—dF,

1986, and supplements EPA–600/8–89/049F,

August 1990. (NTIS document numbers

PB87–142378 and PB91–138420.)

* * * * *

10. ‘‘Guidance for Conducting Ambient Air

Monitoring for Lead Around Point Sources,’’

Office of Air Quality Planning and Standards,

U.S. Environmental Protection Agency,

Research Triangle Park, NC EPA–454/R–92–

009, May 1997.

* * * * *

19. National Air Pollutant Emissions

Trends, 1900–1995, Office of Air Quality

Planning and Standards, U.S. Environmental

Protection Agency, Research Triangle Park,

NC. EPA–454/R96–007, October 1996,

updated annually.

* * * * *

6. Appendix E is amended by revising the

first paragraph of section 7.1, adding a

sentence at the beginning of section 7.3,

revising section 7.4, and revising reference 18

in section 13 to read as follows:

Appendix E—Probe and Monitoring

Path Siting Criteria for Ambient Air

Quality Monitoring

* * * * *

7.1 Vertical Placement. Optimal

placement of the sampler inlet for Pb

monitoring should be at breathing height

level. However, practical factors such as

prevention of vandalism, security, and safety

precautions must also be considered when

siting a Pb monitor. Given these

considerations, the sampler inlet for

microscale Pb monitors must be 2–7 meters

above ground level. The lower limit was

based on a compromise between ease of

servicing the sampler and the desire to avoid

unrepresentative conditions due to reentrainment from dusty surfaces. The upper

limit represents a compromise between the

desire to have measurements which are most

representative of population exposures and a

consideration of the practical factors noted

above.

* * * * *

7.3. Spacing from Roadways. This criteria

applies only to those Pb sites designed to

assess lead concentrations from mobile

sources. Numerous studies have shown that

ambient Pb levels near mobile sources are a

function of the traffic volume and are most

pronounced at ADT >30,000 within the first

15 meters on the downwind side of the

roadways. * * *

7.4. Spacing from trees and other

considerations. Trees can provide surfaces

for deposition or adsorption of Pb particles

and obstruct normal wind flow patterns. For

microscale and middle scale category (a) sites

there must not be any tree(s) between the

source of the Pb and the sampler. For

neighborhood scale category (b) sites, the

sampler should be at least 20 meters from the

drip line of trees. The sampler must,

however, be placed at least 10 meters from

the drip line of trees which could be

classified as an obstruction, i.e., the distance

between the tree(s) and the sampler is less

than the height that the tree protrudes above

the sampler.

* * * * *

13. References.

* * * * *

18. Air Quality Criteria for Lead. Office of

Research and Development, U.S.

Environmental Protection Agency,

Washington, DC EPA–600/8–83–028 aF–dF,

1986, and supplements EPA–600/8–89/049F,

August 1990. (NTIS document numbers

PB87–142378 and PB91–138420.)

* * * * *

7. Section 1 and section 2b of

Appendix G are revised to read as

follows:

Appendix G—Uniform Air Quality

Index and Daily Reporting

* * * * *

1. General. This appendix describes

the uniform air quality index to be used

by States in reporting the daily air

quality index required by § 58.50.

2. Definitions.

* * * * *

b. Reporting Agency means the

applicable State agency or a local air

pollution control agency designated by

the State, that will carry out the

provisions of § 58.50.

* * * * *

[FR Doc. 97–29294 Filed 11–4–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 424

[BPD–875–NC]

Medicare Program; Home Health

Agency Physician Certification

Regulations

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Decision to reexamine

interpretations, with comment.

SUMMARY: This document with comment

period announces our decision to

reexamine our recent interpretations of

the Medicare regulations pertaining to

indirect compensation arrangements

between home health agencies (HHAs)

and physicians who certify or recertify

the need for home health services or

establish or review the home health

plan of care. We are withdrawing recent

interpretations regarding indirect

compensation arrangements where the

physicians are salaried employees of, or

have a contractual arrangement to

provide services for, an entity that also

owns the HHA. This will enable us to

evaluate our recent interpretations of

these regulations and related provisions

of section 1877 of the Social Security

Act to ensure consistent application of

Medicare policy among providers of

services.

DATES: Effective Date: This document is

effective on December 5, 1997.

Comment Date: Written comments

will be considered if we receive them at

the appropriate address, as provided

below, no later than 5:00 p.m. on

January 5, 1998.

ADDRESSES: Mail written comments (an

original and three copies) to the

following address: Health Care

Financing Administration, Department

of Health and Human Services,

Attention: BPD–875–NC, P.O. Box 7517,

Baltimore, MD 21244–0517.

If you prefer, you may deliver your

written comments (an original and three

copies) to one of the following

addresses:

Room 309–G, Hubert H. Humphrey

Building, 200 Independence Avenue,

SW, Washington, DC 20201 or

C5–09–26, 7500 Security Boulevard,

Baltimore, MD 21244–1850.

Because of staffing and resource

limitations, we cannot accept comments

by facsimile (FAX) transmission. In

commenting, please refer to file code

BPD–875–NC. Comments received

timely will be available for public

inspection as they are received,

generally beginning approximately 3

weeks after publication of a document,

in Room 309–G of the Department’s

offices at 200 Independence Avenue,

SW, Washington, DC, on Monday

through Friday of each week from 8:30

a.m. to 5 p.m. (phone: (202) 690–7890).

Copies: To order copies of the Federal

Register containing this document, send

your request to: New Orders,

Superintendent of Documents, P.O. Box

371954, Pittsburgh, PA 15250–7954.

Specify the date of the issue requested

and enclose a check or money order

payable to the Superintendent of

Documents, or enclose your Visa or

Master Card number and expiration

date. Credit card orders can also placed

by calling the order desk at (202) 512–

1800 or by faxing to (202) 512–2250.

The cost of each copy is $8.00. As an

alternative, you can view and

photocopy the Federal Register

document at most libraries designated