Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations 11445 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 3, 2016. 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, Greenhouse gases, 

Incorporation by reference, 

Intergovernmental relations, Particulate 

matter, Reporting and recordkeeping 

requirements. 

Dated: February 23, 2016. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

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 L—Georgia 

■ 2. Amend § 52.572 by designating the 

existing undesignated paragraph as 

paragraph (a) and adding paragraph (b) 

to read as follows: 

§ 52.572 Approval status. 

* * * * * 

(b) Disapproval. Submittal from the 

State of Georgia, through the Georgia’s 

Department of Natural Resources 

Environmental Protection Division 

(EPD) on January 13, 2011, that would 

allow for the automatic rescission of 

federal permitting-related requirements 

in certain circumstances. EPA is 

disapproving a portion of the SIP 

submittal related to a provision (at 391– 

3–1–.02(7)(a)(2)(iv)) that would 

automatically rescind portions of 

Georgia’s State Implementation Plan in 

the wake of certain court decisions or 

other triggering events (the automatic 

rescission clause). 

[FR Doc. 2016–04746 Filed 3–3–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0362; FRL–9943–29– 

Region 5] 

Air Plan Approval; Ohio; Regional 

Haze Glatfelter BART SIP Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

extend the compliance date for the Best 

Available Retrofit Technology (BART) 

emission limits for sulfur dioxide (SO2) 

at the P.H. Glatfelter Company 

(Glatfelter) facility submitted as part of 

its State Implementation Plan (SIP) 

Revision on April 14, 2014. Specifically, 

EPA is extending the compliance date 

for the SO2 emission limits applicable to 

Boilers No. 7 and No. 8 at Glatfelter by 

25 months, from December 31, 2014, to 

January 31, 2017. We have reviewed this 

SIP revision and concluded that it meets 

the requirements of the Clean Air Act 

and the regional haze rule and because 

BART requirements continue to be met. 

DATES: This final rule is effective on 

April 4, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2014–0362. 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., 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 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 Federal holidays. We 

recommend that you telephone Gilberto 

Alvarez, Environmental Engineer, at 

(312) 886–6143 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Gilberto Alvarez, Environmental 

Scientist, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6143, 

alvarez.gilberto@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 the background for this action? 

II. What action is EPA taking? 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

On July 2, 2012, EPA approved Ohio’s 

Regional Haze SIP (77 FR 39177). Ohio’s 

Regional Haze SIP included the 

applicability of BART to the State’s only 

non-utility BART source, Glatfelter, in 

Chillicothe, Ohio. The BART 

requirement specified that two of the 

coal-fired boilers at this facility, No. 7 

and No. 8, install control technology to 

limit the amount of SO2 emissions from 

the boilers. The compliance date for 

BART emission reductions was 

scheduled to be December 31, 2014. The 

compliance date was aligned with 

Glatfelter’s expected compliance date 

for the Industrial Boiler Maximum 

Achievable Control Technology (MACT) 

requirements finalized by EPA in May, 

2011 (76 FR 28862). 

On February 6, 2014, Ohio EPA 

received a request from Glatfelter to 

extend the original compliance date to 

January 31, 2017. The extension request 


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11446 Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations 

is based on the litigation, revision and 

new compliance date associated with 

the Industrial Boiler MACT. Under EPA 

regulations (40 CFR 51.308(3)(1)(iv)), 

BART is to be implemented ‘‘as 

expeditiously as practicable, but in no 

event later than 5 years after approval of 

the implementation plan revision.’’ The 

required compliance date is July 2, 

2017. 

This rulemaking addresses an April 

14, 2014, submission supplemented on 

July 27, 2015, from the Ohio EPA to 

extend the compliance date from 

December 31, 2014, to January 31, 2017. 

One of the requests within the April 14, 

2014, SIP revision includes ‘‘the 

requirement that P.H. Glatfelter submit 

an application for modification of the 

federally enforceable permit (that will 

include a compliance date outlining, at 

a minimum, the specific, selected 

control technologies and methods of 

compliance) from December 31, 2013, to 

requiring the submittal provide for 

sufficient time for Ohio EPA to include 

these requirements, along with any 

appropriate monitoring, record keeping 

and reporting requirements, in the 

federally enforceable permit by no later 

than January 31, 2017.’’ 

Ohio EPA supplemented its original 

submittal on July 27, 2015, with a 

revised federally enforceable permit for 

Glatfelter that included the new 

compliance date. Ohio EPA made the 

federally enforceable permit available 

for public comment on June 6, 2015, 

and comments were accepted through 

July 7, 2015. The Ohio EPA consulted 

the Federal Land Managers and 

included them in the public comment 

process. Two comments were received 

and those comments, along with Ohio 

EPA’s responses were included in the 

July 27, 2015, submittal. 

II. What action is EPA taking? 

The CAA and the Regional Haze Rule 

require BART controls to be installed as 

expeditiously as practicable, but in no 

event later than five years after approval 

of the Regional Haze implementation 

plan revision. The proposed rulemaking 

associated with this final action was 

published on December 9, 2015 (236 FR 

76403), and EPA received no comments 

during the comment period, which 

ended on January 8, 2016. EPA is 

therefore taking final action to approve, 

as proposed, Ohio’s submission. 

III. Final Action 

EPA is approving a revision to the 

Ohio SIP submitted by the State of Ohio 

on April 14, 2014, supplemented on 

July 27, 2015, related to BART 

requirements for Glatfelter. Specifically, 

EPA is extending the compliance date 

for the SO2 emission limits applicable to 

Boilers No. 7 and No. 8 at Glatfelter by 

25 months from December 31, 2014, to 

January 31, 2017. 

IV. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Ohio permit 

described in the amendments to 40 CFR 

part 52 set forth below. 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). 

V. Statutory and Executive Order 

Reviews 

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 

Orders 12866 (58 FR 51735, October 4, 1993) 

and 13563 (76 FR 3821, January 21, 2011); 

• 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 3, 2016. 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, Incorporation by 

reference, Intergovernmental relations, 

Sulfur oxides. 

Dated: February 22, 2016. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 


jstallworth on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations 11447 

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. 

■ 2. In § 52.1870, the table in paragraph 

(d) is amended by revising the entry for 

‘‘P.H. Glatfelter Co.—Chillicothe’’ to 

read as follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(d) * * * 

EPA-APPROVED OHIO SOURCE-SPECIFIC PROVISIONS

Name of source Number Ohio effective 

date EPA approval date Comments 

*******

P.H. Glatfelter Co.—Chillicothe ... P0118907 .................................... 07/20/15 03/04/16, [Insert Federal 

Register citation].

Regional haze BART 

emissions limits. 

* * * * * * * 

* * * * * 

[FR Doc. 2016–04730 Filed 3–3–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 435 

Eligibility in the States, District of 

Columbia, the Northern Mariana 

Islands, and American Samoa 

CFR Correction 

In Title 42 of the Code of Federal 

Regulations, Parts 430 to 481, revised as 

of October 1, 2015, on page 161, in 

§ 435.301, in paragraph (b)(2)(iii), 

remove the term ‘‘425.330.320’’ and add 

the term ‘‘425.320’’ in its place. 

[FR Doc. 2016–04872 Filed 3–3–16; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 495 

[CMS–3310 & 3311–F2] 

RINs 0938–AS26 and AS58 

Medicare and Medicaid Programs; 

Electronic Health Record Initiative 

Program—Stage 3 and Modifications to 

Meaningful Use in 2015 Through 2017; 

Corrections and Correcting 

Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; corrections and 

correcting amendment. 

SUMMARY: This document corrects 

certain technical and typographical 

errors that appeared in the October 16, 

2015 final rule with comment period 

titled ‘‘Medicare and Medicaid 

Programs; Electronic Health Record 

Incentive Program—Stage 3 and 

Modifications to Meaningful Use in 

2015 through 2017.’’ 

DATES: This document is effective on 

March 4, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Kateisha Martin, (410) 786–4651. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2015–25595 of October 16, 

2015 (80 FR 62762), in the final rule 

with comment period titled ‘‘Medicare 

and Medicaid Programs; Electronic 

Health Record Incentive Program—Stage 

3 and Modifications to Meaningful Use 

in 2015 through 2017’’ (hereafter 

referred to as the ‘‘2015 EHR Incentive 

Programs final rule with comment 

period’’), there were a number of 

technical errors that are identified and 

corrected in this correcting amendment. 

The provisions in this document are 

treated as if they had been included in 

the 2015 EHR Incentive Programs final 

rule with comment period. 

In the 2015 EHR Incentive Programs 

final rule with comment period, we 

specified the requirements that eligible 

professionals (EPs), eligible hospitals, 

and critical access hospitals (CAHs) 

must meet in order to participate in the 

Medicare and Medicaid EHR Incentive 

Programs and successfully demonstrate 

meaningful use of certified EHR 

technology. In addition, it changed the 

Medicare and Medicaid EHR Incentive 

Programs reporting period in 2015 to a 

90-day period aligned with the calendar 

year. It also removed reporting 

requirements on measures that have 

become redundant, duplicative, or 

topped out from the Medicare and 

Medicaid EHR Incentive Programs. In 

addition, it established the requirements 

for Stage 3 of the program as optional 

in 2017 and required for all participants 

beginning in 2018. The final rule with 

comment period continues to encourage 

the electronic submission of clinical 

quality measure (CQM) data, establishes 

requirements to transition the program 

to a single stage, and aligns reporting for 

providers in the Medicare and Medicaid 

EHR Incentive Programs. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

On page 62767, in our discussion of 

certified EHR technology requirements 

for the EHR Incentive Program, we made 

a typographical error in the word ‘‘use’’ 

in the sentence specifying that providers 

may continue to use technology 

certified to the 2014 Edition until EHR 

technology certified to the 2015 Edition 

is required with an EHR reporting 

period beginning in 2018. 

On page 62801, in our response to the 

public comment regarding ‘‘Objective 4: 

Electronic Prescribing’’ we made a 

typographical error in the word 

‘‘distinguish’’ in the sentence specifying 

that we will no longer distinguish 

between prescriptions for controlled 

substances. 

On page 62806, in our response to a 

public comment regarding ‘‘Objective 4: 

Electronic Prescribing’’ and the 

pathways acceptable for transmitting 

Summary of Care records, we 

inadvertently omitted the word ‘‘have’’ 

in the sentence specifying that to count 

in the numerator the sending provider 

must have reasonable certainty of 

receipt of the summary of care 

document. In addition, there is 

typographical error and the word 

‘‘obtain’’ was omitted causing an 

incomplete sentence which reads 

‘‘Instead, r the referring provider must 

confirmation’’. This sentence is 


jstallworth on DSK7TPTVN1PROD with RULES