Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations 65493 

[FR Doc. 2012–26403 Filed 10–26–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0608; FRL–9745–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Amendments to West 

Virginia’s Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the West 

Virginia State Implementation Plan 

(SIP). The revision pertains to 

amendments of West Virginia’s 

Legislative Rule, 45 CSR 8- Ambient Air 

Quality Standards. The amendments 

change the effective date of the 

incorporation by reference of the 

National Ambient Air Quality Standards 

(NAAQS) for sulfur oxides, nitrogen 

dioxide, lead, particulate matter and 

carbon monoxide as well as their 

monitoring reference and equivalent 

methods. EPA is approving these 

revisions in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on 

December 28, 2012 without further 

notice, unless EPA receives adverse 

written comment by November 28, 

2012. If EPA receives such comments, it 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0608 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: mastro.donna@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0608, 

Donna Mastro, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0608. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The 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 email 

comment directly to EPA without going 

through www.regulations.gov, your 

email 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. 

Docket: All documents in the 

electronic docket are listed in the 

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 www.regulations.gov or 

in hard copy 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 West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

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

EPA. On June 6, 2012, the West Virginia 

Department of Environmental Protection 

(WVDEP) submitted a formal revision to 

its SIP pertaining to amendments of 

Legislative Rule, 45 CSR 8—Ambient 

Air Quality Standards. The SIP revision 

consists of a change in the effective date 

of the incorporation by reference of the 

NAAQS and their monitoring reference 

and equivalent methods. EPA had 

approved a previous revision of 

Legislative Rule 45 CSR 8 on September 

12, 2012 (77 FR 56125). 

II. Summary of SIP Revision 

This SIP revision is part of an annual 

submission by WVDEP to update their 

incorporation by reference of the 

National Primary and Secondary 

Ambient Air Quality Standards which 

are found at 40 CFR Part 50. The SIP 

revision also updates the incorporation 

by reference of the Ambient Air 

Monitoring Reference and Equivalent 

Methods which are found at 40 CFR Part 

53. The amendments to the legislative 

rule include changes to section 45–8–1 

(General) in which the filing and 

effective dates are changed to reflect the 

update of the legislative rule. They also 

include changes to section 45–8–3 

(Adoption of Standards) in which the 

effective dates for the incorporation by 

reference of the National Primary and 

Secondary Ambient Air Quality 

Standards and the Ambient Air 

Monitoring Reference and Equivalent 

Methods are also changed to reflect the 

update of the legislative rule. The filing 

and effective dates of the legislative rule 

were updated and changed to May 1, 

2012 and June 1, 2012 respectively. The 

effective date of the incorporation by 

reference of 40 CFR Part 50 and 40 CFR 

Part 53 changed from June 16, 2011 to 

June 1, 2012. 

III. Final Action 

EPA is approving the amendments to 

Legislative Rule, 45 CSR 8—Ambient 

Air Quality Standards, into the West 

Virginia SIP. EPA is publishing this rule 

without prior proposal because we view 

this as a noncontroversial amendment 

and anticipate no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, EPA 

is publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on 

December 28, 2012 without further 

notice unless EPA receives adverse 

comment by November 28, 2012. If EPA 

receives adverse comment, EPA will 


rmajette on DSK2TPTVN1PROD with 
65494 Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. Please note that 

if EPA receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

IV. 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 December 28, 2012. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 

This action pertaining to the 

amendments of Legislative Rule 45 CSR 

8 may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Sulfur oxides. 

Dated: October 10, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR Part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart XX—West Virginia 

■ 2. In § 52.2520, the table in paragraph 

(c) is amended by revising the entries 

for 45–8–1 through 45–8–4 to read as 

follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations 65495 

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP 

State citation 

[Chapter 16–20 or 45 

CSR] 

Title/subject 

State 

effective 

date 

EPA approval date Additional explanation/ 

citation at 40 CFR 52.2565 

*******

[45 CSR] Series 8 Ambient Air Quality Standards 

45–8–1 ...................... General ........................................ 6/1/12 10/29/12 .......................................

[Insert page number where the 

document begins].

Filing and effective dates are revised. 

45–8–2 ...................... Definitions .................................... 6/1/12. 10/29/12. 

[Insert page number where the 

document begins].

45–8–3 ...................... Adoption of Standards ................. 6/1/12 10/29/12 .......................................

[Insert page number where the 

document begins].

Effective date is revised. 

45–8–4 ...................... Inconsistency Between Rules ..... 6/1/12 10/29/12. 

[Insert page number where the 

document begins].

* * * * * * * 

[FR Doc. 2012–26390 Filed 10–26–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 412, 413, 424, and 476 

[CMS–1588–CN3] 

RIN 0938–AR12 

Medicare Program; Hospital Inpatient 

Prospective Payment Systems for 

Acute Care Hospitals and the Long 

Term Care Hospital Prospective 

Payment System and Fiscal Year 2013 

Rates; Hospitals’ Resident Caps for 

Graduate Medical Education Payment 

Purposes; Quality Reporting 

Requirements for Specific Providers 

and for Ambulatory Surgical Centers; 

Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical errors that appeared in the 

final rule that appeared in the August 

31, 2012 Federal Register entitled 

‘‘Medicare Program; Hospital Inpatient 

Prospective Payment Systems for Acute 

Care Hospitals and the Long Term Care 

Hospital Prospective Payment System 

and Fiscal Year 2013 Rates; Hospitals’ 

Resident Caps for Graduate Medical 

Education Payment Purposes; Quality 

Reporting Requirements for Specific 

Providers and for Ambulatory Surgical 

Centers.’’ 

DATES: Effective Date: October 26, 2012. 

FOR FURTHER INFORMATION CONTACT: Tzvi 

Hefter, (410) 786–4487. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2012–19079 of August 31, 

2012 (77 FR 53258) (hereinafter referred 

to as the FY 2013 IPPS/LTCH PPS final 

rule), there were technical and 

typographical errors that are identified 

and corrected in the Correction of Errors 

section of this correcting document. We 

note that in the October 3, 2012 Federal 

Register (77 FR 60315), we corrected a 

number of the errors in the FY 2013 

IPPS/LTCH PPS final rule including an 

error in the table regarding the final 

performance standards for the FY 2015 

Hospital Value-Based Purchasing 

(HVBP) program. (For more detailed 

information, see sections II.A. and 

IV.A.11. of the October 3, 2012 

correcting document). 

II. Summary of Errors 

A. Errors in the Preamble 

On pages 53601 and 53602, we have 

determined that there were also errors 

in the achievement thresholds and 

benchmark values presented in the 

Clinical Process of Care measures 

section of the final performance 

standards for the FY 2015 HVBP 

Program table. The omission of the label 

for the HF–1 measure resulted in the 

performance standards for all 

subsequent measures being shifted up 

one line each. The table now reflects the 

corrections for all finalized Clinical 

Process of Care measures. 

B. Errors in the Addendum 

On page 53695, we made 

typographical errors in the charge 

inflation factor for the FY 2013 IPPS 

outlier threshold. 

III. Waiver of Proposed Rulemaking 

and Delay of Effective Date 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before the provisions of a rule 

take effect in accordance with section 

553(b) of the Administrative Procedure 

Act (APA) (5 U.S.C. 553(b)). However, 

we can waive this notice and comment 

procedure if the Secretary finds, for 

good cause, that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporates a statement of 

the finding and the reasons therefore in 

the notice. 

Section 553(d) of the APA ordinarily 

requires a 30-day delay in effective date 

of final rules after the date of their 

publication in the. This 30-day delay in 

effective date can be waived, however, 

if an agency finds for good cause that 

the delay is impracticable, unnecessary, 

or contrary to the public interest, and 

the agency incorporates a statement of 

the findings and its reasons in the rule 

issued. 

In our view, this correcting document 

does not constitute a rule that would be 

subject to the APA notice and comment 

or delayed effective date requirements. 

This correcting document corrects 

technical and typographical errors in 

the preamble and addendum, but does 

not make substantive changes to the 

policies or payment methodologies that 


rmajette on DSK2TPTVN1PROD with