Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations 59055 

The pollutants that comprise the 

inventory are nitrogen oxides (NOX), 

volatile organic compounds (VOC), and 

carbon monoxide (CO). 

[FR Doc. 2015–24889 Filed 9–30–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0404; FRL–9934–92– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Adoption of Control 

Techniques Guidelines for Metal 

Furniture Coatings and Miscellaneous 

Metal Parts Coatings 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maryland. The 

revision includes amendments to 

Maryland’s regulation for the control of 

volatile organic compounds (VOC) and 

meets the requirement to adopt 

reasonably available control technology 

(RACT) for sources covered by EPA’s 

Control Techniques Guidelines (CTG) 

standards for coatings for metal 

furniture and miscellaneous metal parts. 

These amendments will reduce 

emissions of VOC from these source 

categories and assist Maryland to attain 

and maintain the national ambient air 

quality standard (NAAQS) for ozone. 

EPA is approving this revision to reduce 

VOC emissions in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective on 

November 2, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2015–0404. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (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 for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Schmitt, (215) 814–5787, or by 

email at schmitt.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 17, 2015 (80 FR 42459), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland, proposing approval of 

Maryland’s SIP submittal which 

includes amendments to the State’s 

regulation for the control of VOCs and 

adopts the requirements of EPA’s CTGs 

for the coating of metal furniture and 

miscellaneous metal parts, as RACT for 

these source categories. The formal SIP 

revision (#14–02) was submitted by the 

State of Maryland on July 28, 2014. 

Section 172(c)(1) of the CAA provides 

that SIPs for nonattainment areas must 

include reasonably available control 

measures (RACM), including RACT for 

sources of emissions. Section 

182(b)(2)(A) provides that for certain 

nonattainment areas, states must revise 

their SIPs to include RACT for sources 

of VOC emissions covered by a CTG 

document issued after November 15, 

1990 and prior to the area’s date of 

attainment. States can follow the CTGs 

and adopt state regulations to 

implement the recommendations 

contained therein, or they can adopt 

alternative approaches. In either case, 

states must submit their RACT rules to 

EPA for review and approval as part of 

the SIP process. 

In September 2007, EPA published a 

new CTG for Metal Furniture Coatings 

(EPA–453/R–07–005), and in September 

2008, EPA published a new CTG for 

Miscellaneous Metal and Plastic Parts 

Coatings (EPA–453/R–08–003). These 

CTGs discuss the nature of VOC 

emissions from these industries, the 

available control technologies for 

addressing such emissions, the cost of 

available control options, and other 

information. EPA developed new CTGs 

for these industries after reviewing 

existing state and local VOC emission 

reduction approaches, new source 

performance standards (NSPS), 

previously issued CTGs, and national 

emission standards for hazardous air 

pollutants (NESHAP) for these source 

categories. 

II. Summary of SIP Revision 

On July 28, 2014, the State of 

Maryland through the Maryland 

Department of the Environment (MDE) 

submitted to EPA a SIP revision (#14– 

02) concerning the adoption of the 

emission limits for metal furniture 

coatings found in the Metal Furniture 

Coatings CTG and miscellaneous metal 

parts coatings found in the 

Miscellaneous Metal and Plastic Parts 

Coatings CTG. Maryland has adopted 

EPA’s CTG standards for metal furniture 

and miscellaneous metal parts coating 

processes by amending Regulation .08 

under COMAR 26.11.19, Volatile 

Organic Compounds from Specific 

Sources. Specifically, this revision 

amends the existing regulation in 

section 26.11.19.08 by adding coating 

standards for both metal furniture and 

miscellaneous metal parts that are either 

equal to or more stringent than the 

coating standards found in EPA’s CTGs. 

Additionally, new definitions and 

application methods were added to 

COMAR section 26.11.19.08. A detailed 

summary of Maryland’s amendments 

and EPA’s review of and rationale for 

approving this SIP revision submittal 

may be found in the NPR and Technical 

Support Document (TSD) for this 

rulemaking action which is available 

online at www.regulations.gov, Docket 

number EPA–R03–OAR–2015–0404. 

III. Final Action 

EPA is approving the State of 

Maryland’s July 28, 2014 SIP submittal 

as a revision to the Maryland SIP. The 

SIP submittal being approved in this 

action consists of amendments to 

Maryland’s regulation for the control of 

VOCs and adopts the requirements of 

EPA’s CTGs for the coating of metal 

furniture and miscellaneous metal parts, 

as RACT for these source categories. 

IV. Incorporation by Reference 

In this rulemaking action, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the MDE 

rules regarding control of VOC 

emissions from metal furniture and 

miscellaneous metal parts coatings as 

described in Section II of this 

rulemaking action. The EPA has made, 

and will continue to make, these 

documents generally available 

electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 


srobinson on DSK5SPTVN1PROD with RULES
59056 Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. 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 CAA; 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. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 30, 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 to 

approve amendments of Maryland’s 

VOC control regulation into Maryland’s 

SIP 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, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: September 17, 2015. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

40 CFR part 52 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 V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(c) is amended by revising the entry for 

‘‘26.11.19.08’’ to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP 

Code of Maryland Administrative Regulations 

(COMAR) citation 

Title/Subject State effective 

date EPA approval date Additional explanation/citation at 40 CFR 52.1100 

*******

26.11.19 Volatile Organic Compounds From Specific Processes 

*******

26.11.19.08 .................... Metal Parts and Products Coating.5/26/14 10/1/15 [Insert Federal 

Register citation].

Amends section title. 

Adds definitions. 

Section 26.11.19.08(B), Emission Standards, 

removed. 

Section 26.11.19.08(B), Incorporation by Reference, added. 

Section 26.11.19.08(C), Applicability and Exemptions, added. 


srobinson on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations 59057 

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued 

Code of Maryland Administrative Regulations 

(COMAR) citation 

Title/Subject State effective 

date EPA approval date Additional explanation/citation at 40 CFR 52.1100 

Section 26.11.19.08(D), Emission Standards, 

added. 

* * * * * * * 

* * * * * 

[FR Doc. 2015–24862 Filed 9–30–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 412 

[CMS–1606–CN] 

RIN 0938–AS08 

Medicare Program; Inpatient 

Psychiatric Facilities Prospective 

Payment System—Update for Fiscal 

Year Beginning October 1, 2014 (FY 

2015); Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of final rule. 

SUMMARY: This document corrects 

technical errors that appeared in the 

final rule published in the Federal 

Register on August 6, 2014 entitled 

‘‘Inpatient Psychiatric Facilities 

Prospective Payment System—Update 

for Fiscal Year Beginning October 1, 

2014 (FY 2015); Final Rule.’’ 

DATES: Effective October 1, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Lucas or Jana Lindquist, 

(410) 786–7723. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2014–18329 of August 6, 

2014 (79 FR 45938), there were a 

number of technical errors that are 

identified in the Summary of Errors 

section (section II), and corrected in the 

Correction of Errors section (section IV). 

The provisions in this correction 

document, which relate to the inpatient 

psychiatric facilities (IPF) prospective 

payment system (PPS) ICD–10–CM 

diagnosis coding conversion for 

comorbidities, are effective as if they 

had been included in the document 

published August 06, 2014 (FY 2015 IPF 

PPS final rule). While the FY 2015 IPF 

PPS final rule had an effective date of 

October 1, 2014, the implementation of 

the ICD–10 code sets does not occur 

until October 1, 2015. Accordingly, the 

corrections in this document will be 

effective on the October 1, 2015 ICD–10 

implementation date. 

The FY 2015 IPF PPS final rule was 

effective October 1, 2014 for all updates 

and changes, except for the conversion 

of ICD–9–CM codes to ICD–10–CM 

codes. We noted in that final rule (79 FR 

45945) that on April 1, 2014, the 

Protecting Access to Medicare Act of 

2014 (PAMA) (Pub. L. 113–93) was 

enacted. Section 212 of PAMA, titled 

‘‘Delay in Transition from ICD–9 to 

ICD–10 Code Sets,’’ provides that ‘‘[t]he 

Secretary of Health and Human Services 

may not, prior to October 1, 2015, adopt 

ICD–10 code sets as the standard for 

code sets under section 1173(c) of the 

Social Security Act (42 U.S.C. 1320d– 

2(c)) and section 162.1002 of title 45, 

Code of Federal Regulations.’’ We 

indicated that, in light of PAMA, the 

effective date of changes from ICD–9 to 

ICD–10 for the IPF PPS would be the 

date when ICD–10 becomes the required 

medical data code set for use on 

Medicare claims. 

In that FY 2015 IPF PPS final rule (79 

FR 45945), we also stated that on May 

1, 2014, the Department announced 

that, in light of section 212 of PAMA, 

‘‘the U.S. Department of Health and 

Human Services expects to release an 

interim final rule in the near future that 

will include a new compliance date that 

would require the use of ICD–10 

beginning October 1, 2015.’’ The 

Department asserted that the interim 

final rule would also require HIPAA 

covered entities to continue to use ICD– 

9–CM through September 30, 2015. 

Therefore, we explained that we will 

continue to require use of the ICD–9– 

CM codes for reporting the MS–DRG 

and comorbidity adjustment factors for 

IPF services through FY 2015, and that 

we will require the use of ICD–10 codes 

beginning October 1, 2015 (79 FR 

45945). The final rule ‘‘Administrative 

Simplification: Change to the 

Compliance Date for the International 

Classification of Diseases, 10th Revision 

(ICD–10–CM and ICD–10–PCS) Medical 

Data Code Sets’’ was published in the 

Federal Register on August 4, 2014, and 

finalized the compliance date for ICD– 

10 as October 1, 2015 (79 FR 45128). 

II. Summary of Errors 

Payment for Comorbid Conditions 

The IPF PPS includes a comorbidity 

payment adjustment. The intent of the 

comorbidity adjustment is to recognize 

the increased costs associated with 

comorbid conditions by providing 

additional payments for certain 

concurrent medical or psychiatric 

conditions that are expensive to treat. In 

the May 2011 IPF PPS final rule (76 FR 

26451 through 26452), we explained 

that the IPF PPS includes 17 

comorbidity categories and identified 

the new, revised, and deleted ICD–9– 

CM diagnosis codes that generated a 

comorbid condition payment 

adjustment under the IPF PPS for RY 

2012 (76 FR 26451). 

In Table 7 of the FY 2015 IPF PPS 

final rule, the 17 comorbidity categories 

defined using ICD–9–CM codes were 

converted to ICD–10–CM codes (79 FR 

45953). We discovered the following 

eight technical errors in ICD–10–CM 

codes or code ranges listed in Table 7 

of the FY 2015 IPF PPS final rule, which 

we are correcting. These eight errors 

were typographic errors which we are 

correcting to conform to the policies 

adopted in the FY 2015 IPF PPS final 

rule, and do not reflect any substantive 

policy changes: 

(1) From the ‘‘Oncology Treatment’’ 

comorbidity category on page 45953, 

‘‘C000 through C4002’’ should read 

‘‘C000 through C399, C4001, C4002. 

(2) From the ‘‘Oncology Treatment’’ 

comorbidity category on page 45953, 

‘‘C44191’’ is being removed. 

(3) From the ‘‘Oncology Treatment’’ 

comorbidity category on page 45953, 

‘‘D225 through D2261’’ should read 

‘‘D225, D2261,’’ 

(4) From the ‘‘Oncology Treatment’’ 

comorbidity category on page 45953, 

‘‘D3192 through D485’’ should read 

‘‘D3192 through D471.’’ 

(5) From the ‘‘Oncology Treatment’’ 

comorbidity category on page 45953, 

‘‘D4861 through D471’’ should read 

‘‘D4861 through D499.’’ 


srobinson on DSK5SPTVN1PROD with RULES