Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Proposed Rules 56943 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Allen, EPA Region IX, (415) 

947–4120, allen.cynthia@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rule: Rule 2, Definitions. In the Rules 

and Regulations section of this Federal 

Register, we are approving this local 

rule in a direct final action without 

prior proposal because we believe this 

SIP revision is not controversial. If we 

receive adverse comments, however, we 

will publish a timely withdrawal of the 

direct final rule and address the 

comments in subsequent action based 

on this proposed rule. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: August 29, 2010. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2010–23129 Filed 9–16–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R04–OAR–2010–0614–201036; FRL– 

9203–1] 

Approval and Promulgation of 

Implementation Plans; Extension of 

Attainment Date for the Atlanta, GA 

1997 8-Hour Ozone Moderate 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The State of Georgia, through 

the Georgia Department of Natural 

Resources (GA DNR), submitted a letter 

on June 9, 2010, with a request for EPA 

to grant a one-year extension of the 

attainment date for the 1997 8-hour 

ozone national ambient air quality 

standards (NAAQS) for the Atlanta, 

Georgia Area (hereafter referred to as the 

‘‘Atlanta Area’’). The Atlanta Area 

consists of Barrow, Bartow, Carroll, 

Cherokee, Clayton, Cobb, Coweta, 

DeKalb, Douglas, Fayette, Forsyth, 

Fulton, Gwinnett, Hall, Henry, Newton, 

Paulding, Rockdale, Spalding, and 

Walton Counties. In today’s action, EPA 

is proposing to determine that the State 

of Georgia has met the Clean Air Act 

(CAA or the Act) requirements to obtain 

a one-year extension to its attainment 

date for the 1997 8-hour ozone NAAQS 

for the Atlanta Area. As a result, EPA is 

proposing to approve a one-year 

extension of the 1997 8-hour ozone 

moderate attainment date for the Atlanta 

Area. Specifically, EPA is proposing to 

extend the Atlanta Area’s attainment 

date from June 15, 2010, to June 15, 

2011. 

DATES: Comments must be received on 

or before October 18, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0614 by one of the following 

methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: 404–562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2010–0614’’ 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2010– 

0614. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

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 in http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person 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 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jane 

Spann or Sara Waterson, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9029. 

Ms. Spann can also be reached via 


wwoods2 on DSKDVH8Z91PROD with PROPOSALS-1
56944 Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Proposed Rules 

1EPA issued a revised 8-hour ozone NAAQS in 

2008. EPA subsequently reconsidered the 2008 

NAAQS, and proposed a new 8-hour ozone NAAQS 

on January 19, 2010 (75 FR 2938). Final 8-hour 

ozone NAAQS are expected to be effective in 

October 2010. The current proposed action, 

however, is being taken with regard to the 1997 8- 

hour ozone NAAQS. Requirements for the Atlanta 

Area for the 2010 8-hour ozone NAAQS will be 

addressed in the future. 

2See 40 CFR 51.907. The preamble language can 

be found in the Phase 1 Implementation Rule 69 FR 

23951 (April 30, 2004). 

electronic mail at spann.jane@epa.gov. 

Ms. Waterson may be reached by phone 

at (404) 562–9061 or via electronic mail 

at waterson.sara@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Today’s Action 

III. EPA’s Analysis of the State’s Requests for 

an Attainment Date Extension for the 

Atlanta Area for the 1997 8-Hour Ozone 

NAAQS 

IV. Proposed Actions 

V. Statutory and Executive Order Reviews 

I. Background 

A. 1997 8-Hour Ozone NAAQS 

On July 18, 1997, EPA promulgated a 

revised 8-hour ozone NAAQS of 0.08 

parts per million (ppm). Under EPA’s 

regulations at 40 CFR part 50, the 1997 

8-hour ozone NAAQS is attained when 

the 3-year average of the annual fourth 

highest daily maximum 8-hour average 

ambient air quality ozone 

concentrations is less than or equal to 

0.08 ppm (i.e., 0.084 ppm when 

rounding is considered) (69 FR 23857, 

April 30, 2004).1 Ambient air quality 

monitoring data for the 3-year period 

must meet a data completeness 

requirement. The ambient air quality 

monitoring data completeness 

requirement is met when the average 

percent of days with valid ambient 

monitoring data is greater than 90 

percent, and no single year has less than 

75 percent data completeness as 

determined in Appendix I of part 50. 

Upon promulgation of a new or 

revised NAAQS, the CAA requires EPA 

to designate as nonattainment any area 

that is violating the NAAQS, based on 

the three most recent years of ambient 

air quality data at the conclusion of the 

designation process. The Atlanta Are a 

was designated nonattainment for the 

1997 8-hour ozone NAAQS on April 30, 

2004 (effective June 15, 2004) using 

2001–2003 ambient air quality data (69 

FR 23857, April 30, 2004). At the time 

of designation the Atlanta Area was 

classified as a marginal nonattainment 

area for the 1997 8-hour ozone NAAQS. 

In the April 30, 2004, Phase I Ozone 

Implementation Rule, EPA established 

ozone nonattainment area attainment 

dates based on Table 1 of Section 181(a) 

of the CAA. This established an 

attainment date 3 years after the June 

15, 2004, effective date for areas 

classified as marginal areas for the 1997 

8-hour ozone nonattainment 

designations. Therefore, the Atlanta 

Area’s original attainment date was June 

15, 2007. (See 69 FR 23951, April 30, 

2004.) 

The Atlanta Area failed to attain the 

1997 8-hour ozone NAAQS by June 15, 

2007 (the applicable attainment date for 

marginal nonattainment areas), and did 

not qualify for any extension of the 

attainment date as a marginal area. As 

a consequence of this failure, on March 

6, 2008, EPA published a rulemaking 

determining that the Atlanta Area failed 

to attain and, consistent with Section 

181(b)(2) of the CAA, the Atlanta Area 

was reclassified by operation of law to 

the next highest classification, or 

‘‘moderate’’ nonattainment. (See 72 FR 

58572, October 16, 2007.) When an area 

is reclassified, a new attainment date for 

the reclassified area must be 

established. Section 181 of the CAA 

explains that the attainment date for 

moderate nonattainment areas shall be 

as expeditiously as practicable, but no 

later than six years after designation, or 

June 15, 2010. EPA further required that 

Georgia submit the SIP revisions 

meeting the new moderate area 

requirements as expeditiously as 

practicable, but no later than December 

31, 2008. Georgia submitted SIP 

revisions to address the moderate area 

requirements for the Atlanta Area on 

October 21, 2009. EPA is in the process 

of reviewing these submissions and will 

take action on these submissions in 

rulemaking separate from today’s 

proposed action. 

Under certain circumstances, the CAA 

allows for extensions of the attainment 

dates prescribed at the time of the 

original nonattainment designation. See 

below for further discussion. 

B. CAA Requirements for One-Year 

Extension Requests 

Section 181(b)(2)(A) requires the 

Administrator, within six months of the 

attainment date, to determine whether 

an ozone nonattainment area attained 

the NAAQS. CAA Section 181(b)(2)(A) 

states that, for areas classified as 

marginal, moderate, or serious, if the 

Administrator determines that the area 

did not attain the standard by its 

attainment date, the area must be 

reclassified to the next classification. 

However, in accordance with CAA 

Section 181(a)(5), EPA may grant up to 

2 one-year extensions of the attainment 

date under specified conditions. 

Specifically, Section 181(a)(5) states: 

‘‘Upon application by any State, the 

Administrator may extend for 1 

additional year (hereinafter referred to 

as the ’’Extension Year’’) the date 

specified in table 1 of paragraph (1) of 

this subsection if— 

(A) The State has complied with all 

requirements and commitments 

pertaining to the area in the applicable 

implementation plan, and 

(B) no more than 1 exceedance of the 

national ambient air quality standard 

level for ozone has occurred in the area 

in the year preceding the Extension 

Year.’’ 

With regard to the first element, 

‘‘applicable implementation plan’’ is 

defined in Section 302(q) of the CAA as, 

the portion (or portions) of the 

implementation plan, or most recent 

revision thereof, which has been 

approved under Section 110, or 

promulgated under Section 110(c), or 

promulgated or approved pursuant to 

regulations promulgated under Section 

301(d) and which implements the 

relevant requirements of the CAA. 

The language in Section 181(a)(5)(B) 

reflects the form of the 1-hour ozone 

NAAQS, which is exceedance based and 

does not reflect the 1997 8-hour ozone 

NAAQS, which is concentration based. 

Because Section 181(a)(5)(B) does not 

reflect the form of the 8-hour NAAQS 

and application would produce an 

absurd result, EPA interprets this 

provision in a manner consistent with 

Congressional intent but reflecting the 

form of the 1997 8-hour NAAQS. 

Therefore, EPA adopted an 

interpretation of Sections 172(a)(2)(C) 

and 181(a)(5) that an area will be 

eligible for the first of the one-year 

extensions under the 8-hour NAAQS if, 

for the attainment year, the area’s 4th 

highest daily 8-hour average is 0.084 

ppm or less.2 The area will be eligible 

for the second extension if the area’s 4th 

highest daily 8-hour value averaged over 

both the original attainment year and 

the first extension year is 0.084 ppm or 

less. No more than 2 one-year 

extensions may be issued for a single 

nonattainment area. 

EPA interprets the CAA and 

implementing regulations to allow the 

granting of a one-year extension under 

the following minimum conditions: (1) 

The State requests a one-year extension; 

(2) all requirements and commitments 

in the EPA-approved SIP for the area 

have been complied with; and (3) the 

area has a 4th highest daily 8-hour 

average of 0.084 ppm or less for the 

attainment year (or an area’s 4th highest 

daily 8-hour value averaged over both 

the original attainment year and the first 

extension year is 0.084 ppm or less, if 


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Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Proposed Rules 56945 

3See 40 CFR 51.907. The preamble language can 

be found in the Phase 1 Implementation Rule 69 FR 

23951 (April 30, 2004). 

a second one-year extension is 

requested).3

II. Today’s Actions 

EPA is proposing to determine that 

Georgia has met the CAA requirements 

to obtain a one-year extension of the 

attainment date for the 1997 8-hour 

ozone NAAQS for the Atlanta Area. As 

a result, EPA is proposing to extend the 

Atlanta Area’s attainment date from 

June 15, 2010, to June 15, 2011, for the 

1997 8-hour ozone NAAQS. EPA’s 

proposed action is based upon 

complete, quality assured, quality 

controlled, and certified ambient air 

monitoring data for 2009, and on EPA’s 

preliminary determination that the State 

is meeting its federally-approved state 

implementation plan. If today’s 

proposed action is finalized, the Atlanta 

Area’s attainment date for the 1997 8- 

hour ozone NAAQS will be extended 

one-year from June 15, 2010, to June 15, 

2011. 

III. EPA’s Analysis of the State’s 

Requests for an Attainment Date 

Extension for the Atlanta Area for the 

1997 8-Hour Ozone NAAQS 

As was explained above in this 

rulemaking, EPA interprets the CAA 

and implementing regulations to allow 

the granting of a one-year extension 

under the following minimum 

conditions: (1) The State requests a oneyear extension; (2) all requirements and 

commitments in the EPA-approved SIP 

for the area have been complied with; 

and (3) the area has a 4th highest daily 

8-hour average of 0.084 ppm or less for 

the attainment year (or an area’s 4th 

highest daily 8-hour value averaged over 

both the original attainment year and 

the first extension year is 0.084 ppm or 

less, if a second one-year extension is 

requested). Below provides EPA’s 

analysis of how Georgia has met these 

minimum requirements. 

(1) The State Requests a One-Year 

Extension 

The State of Georgia, through GA 

DNR, submitted a letter on June 9, 2010, 

requesting that EPA grant a one-year 

extension of the attainment date for the 

1997 8-hour ozone NAAQS for the 

Atlanta Area. The letter contained a 

certification that the State is complying 

with all requirements and commitments 

pertaining to the Atlanta Area in the 

applicable implementation plan; and 

that the Atlanta Area has a 4th highest 

daily 8-hour average of 0.084 ppm or 

less for the attainment year (i.e., 2009) 

for this initial request for an extension. 

EPA’s analysis of the certification from 

Georgia, and of the ambient air quality 

monitoring data for the Atlanta Area for 

the 1997 8-hour ozone NAAQS (i.e., in 

relation to the State’s attainment date 

extension request) is provided below. 

(2) All Requirements and Commitments 

in the EPA-Approved SIP for the Area 

Have Been Complied With 

In the letter submitted by GA DNR, on 

June 9, 2010, the State discusses 

implementation of state measures in the 

SIP. One of the required elements for a 

one-year extension required under 

Section 181(a)(5) of the CAA is that the 

State has complied with all 

requirements and commitments 

pertaining to the area in the applicable 

implementation plan (as that term is 

defined in Section 302(q) of the CAA). 

EPA has conducted an independent 

review of whether Georgia is in 

compliance with the applicable 

implementation plan for the Atlanta 

Area as intended by Section 181(a)(5)(A) 

of the CAA, and has made the 

preliminary determination that the State 

is in compliance. This preliminary 

determination is based on EPA’s belief 

that the state is currently meeting the 

EPA-approved state implementation 

plan for the Atlanta Area. 

On October 21, 2009, the State of 

Georgia submitted SIP revisions to 

address the requirements related to the 

1997 8-hour ozone attainment 

demonstration for the Atlanta Area. 

Nonetheless, EPA does not and did not 

view submission or approval of this 

attainment demonstration as relevant for 

meeting the ‘‘applicable implementation 

plan’’ for the Atlanta Area with regard 

to Section 181(a)(5)(A) of the CAA. EPA 

is currently reviewing the approvability 

of this attainment demonstration 

submission and will make a final 

determination on the approvability 

through a separate rulemaking in the 

Federal Register. 

(3) The Area Has a 4th Highest Daily 8- 

Hour Average of 0.084 ppm or Less for 

the Attainment Year 

In the letter submitted by GA DNR, on 

June 9, 2010, the State has certified that 

the 4th highest daily 8-hour average 

ozone concentration for the Atlanta 

Area in 2009 was below 0.084 ppm, and 

that the 2009 ozone data which are 

included in EPA’s Air Quality System 

(AQS) meets necessary quality control 

and quality assurance requirements. 

Table 1 provides the 2009 4th highest 

concentrations at the monitors in the 

Atlanta Area. 

TABLE 1—2009 4TH HIGHEST CONCENTRATIONS FOR THE ATLANTA AREA

Monitoring site ID City, county 2009 4th highest 

concentration (ppm) 

13–067–0003 ....................................................................... Kennesaw, Cobb ................................................................ 0.076 

13–077–0002 ....................................................................... Coweta ................................................................................ 0.065 

13–089–0002 ....................................................................... Decatur, DeKalb ................................................................. 0.077 

13–097–0004 ....................................................................... Douglasville, Douglas ......................................................... 0.072 

13–121–0055 ....................................................................... Atlanta, Fulton ..................................................................... 0.077 

13–135–0002 ....................................................................... Lawrenceville, Gwinnett ...................................................... 0.073 

13–151–0002 ....................................................................... McDonough, Henry ............................................................. 0.074 

13–223–0003 ....................................................................... Paulding .............................................................................. 0.067 

13–247–0001 ....................................................................... Conyers, Rockdale ............................................................. 0.070 

EPA has reviewed the 1997 8-hour 

ozone NAAQS ambient air quality 

monitoring data for the Atlanta Area, 

consistent with the requirements 

contained in 40 CFR part 50 and as 

recorded in the EPA AQS database. On 

the basis of that review, EPA has 

preliminarily concluded that for the 

attainment year, 2009, the Atlanta 

Area’s 4th highest daily 8-hour average 

concentration was 0.077 ppm which is 

below the 8-hour ozone NAAQS of 0.08 

ppm (effectively 0.084 ppm). 

Because the statutory provisions have 

been satisfied, EPA is proposing 


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56946 Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Proposed Rules 

approval of Georgia’s attainment date 

extension request for the Atlanta Area 

for the 1997 8-hour ozone NAAQS. 

IV. Proposed Actions 

EPA is proposing to approve Georgia’s 

June 9, 2010, request for EPA to grant 

a one-year extension (from June 15, 

2010, to June 15, 2011) of the Atlanta 

Area attainment date for the 1997 8- 

hour ozone NAAQS because EPA 

believes that Georgia has met the 

statutory requirements for such an 

extension. EPA’s belief is based on its 

preliminary determination that the state 

is in compliance of the requirements 

and commitments associated with the 

EPA-approved implementation plan, 

and on the belief that the 4th highest 

daily 8-hour ozone average 

concentration for 2009 for the Atlanta 

Area is below the 1997 8-hour ozone 

NAAQS as required by the CAA. As 

provided in 40 CFR 51.907, if EPA 

finalizes this action, it will extend, by 

one year, the deadline by which the 

Atlanta Area must attain the 1997 8- 

hour ozone NAAQS. It will also extend 

the timeframe by which EPA must make 

an attainment determination for the 

area. EPA notes that this proposed 

action only relates to the initial oneyear extension. As noted in Section 

181(a)(5) of the CAA, areas may qualify 

for up to 2 one-year extensions. If 

requested at a future date, EPA will 

make a determination of the 

appropriateness of a second one-year 

extension for the Atlanta Area for the 

1997 8-hour ozone NAAQS in a separate 

rulemaking. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve SIP submissions 

and requests that comply with the 

provisions of the Act and applicable 

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

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

state’s request for an extension of the 

1997 8-hour ozone NAAQS attainment 

date for the Atlanta Area, EPA’s role is 

to approve the state’s request, provided 

that it meets the criteria of the CAA. 

Accordingly, this proposed action 

merely approves a state request for an 

extension of the 1997 8-hour ozone 

NAAQS attainment date as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed 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 proposed 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. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

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

Dated: September 3, 2010. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2010–23317 Filed 9–16–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 431 

[CMS–2325–P] 

RIN 0938–AQ46 

Medicaid Program; Review and 

Approval Process for Section 1115 

Demonstrations 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

implement provisions of section 

10201(i) of the Patient Protection and 

Affordable Care Act of 2010 (Affordable 

Care Act) that set forth transparency and 

public notice procedures for 

experimental, pilot, and demonstration 

projects approved under section 1115 of 

the Social Security Act relating to 

Medicaid and the Children’s Health 

Insurance Program (CHIP). This 

proposed rule would increase the degree 

to which information about Medicaid 

and CHIP demonstration applications 

and approved demonstration projects 

are publicly available and promote 

greater transparency in the review and 

approval of demonstrations. It would 

also codify existing statutory 

requirements pertaining to tribal 

consultation for section 1115 

demonstration projects. 

DATES: To be assured consideration, 

comments must be received at one of 

the addresses provided below, no later 

than 5 p.m. on November 16, 2010. 

ADDRESSES: In commenting, please refer 

to file code CMS–2325–P. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 

You may submit comments in one of 

four ways (please choose only one of the 

ways listed): 

1. Electronically. You may submit 

electronic comments on this regulation 

to http://www.regulations.gov. Follow 

the ‘‘Submit a comment’’ instructions. 

2. By regular mail. You may mail 

written comments to the following 

address ONLY: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

CMS–2325–P, P.O. Box 8016, Baltimore, 

MD 21244–8016. 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

3. By express or overnight mail. You 

may send written comments to the 


wwoods2 on DSKDVH8Z91PROD with PROPOSALS-1