73972 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 

* * * * * 

[FR Doc. 2010–30104 Filed 11–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[EPA–R06–RCRA–2009–0312; SW FRL– 

9231–3] 

Hazardous Waste Management 

System; Identification and Listing of 

Hazardous Waste; Removal of Direct 

Final Exclusion 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Removal of Direct Final 

Exclusion. 

SUMMARY: Because EPA received 

adverse comment, we are removing the 

direct final exclusion for Eastman 

Chemical Company—Texas Operations, 

published on September 24, 2010. 

DATES: Effective November 30, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Peace, Environmental 

Protection Agency, Multimedia 

Planning and Permitting Division, 

RCRA Branch, Mail Code: 6PD–C, 1445 

Ross Avenue, Dallas, TX 75202, by 

calling (214) 665–7430 or by e-mail at 

peace.michelle@epa.gov. 

SUPPLEMENTARY INFORMATION: Because 

EPA received adverse comment, we are 

removing the direct final exclusion for 

Eastman Chemical Company—Texas 

Operations, published on September 24, 

2010, 75 FR 58315. We stated in that 

direct final rule that if we received 

adverse comment by October 25, 2010, 

the direct final rule would not take 

effect and we would publish a timely 

removal in the Federal Register. We 

subsequently received adverse comment 

on that direct final rule. We will address 

the comments submitted in a 

subsequent final action which will be 

based on the parallel proposed rule also 

published on September 24, 2010, 75 FR 

58346. As stated in the direct final rule 

and the parallel proposed rule, we will 

not institute a second comment period 

on this action. 

Lists of Subjects in 40 CFR Part 261 

Environmental Protection, Hazardous 

waste, Recycling, Reporting and 

recordkeeping requirements. 

Authority: Sec. 3001(f) RCRA, 42 U.S.C. 

6921(f). 

Dated: November 16, 2010. 

Bill Luthans, 

Acting Director, Multimedia Planning and 

Permitting Division. 

■ 40 CFR part 261 is amended as 

follows: 

PART 261—IDENTIFICATION AND 

LISTING OF HAZARDOUS WASTE 

■ 1. The authority citation for part 261 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6921, 

6922, and 6938. 

■ 2. In Tables 1, 2 and 3 of Appendix 

IX of part 261 remove the following 

facility’s waste streams: for Facility: 

Eastman Chemical Company—Texas 

Operations, Address: Longview, TX; 

Waste Description: RKI bottom ash, RKI 

fly ash and RKI scrubber water 

blowdown. 

[FR Doc. 2010–30109 Filed 11–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 433, 447, and 457 

[CMS–2361–F] 

RIN 0938–AQ40 

Medicaid Program; Cost Limit for 

Providers Operated by Units of 

Government and Provisions To Ensure 

the Integrity of Federal-State Financial 

Partnership 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; implementation of 

court orders. 

SUMMARY: This final rule amends 

Medicaid regulations to conform with 

the decision by the United States 

District Court for the District of 

Columbia on May 23, 2008 in Alameda 

County Medical Center, et al. v. Michael 

O. Leavitt, Secretary, U.S. Department of 

Health and Human Services, et al., 559 

F. Supp. 2d (2008) that vacated a final 

rule with comment period published in 

the Federal Register in May 29, 2007. 

This regulatory action takes ministerial 

steps to remove the vacated provisions 

from the Code of Federal Regulations 

and reinstate the prior regulatory 

language impacted by the May 29, 2007 

final rule with comment period. 

DATES: Effective Date: This regulation is 

effective immediately on date of 

publication November 30, 2010. 

FOR FURTHER INFORMATION CONTACT: Rob 

Weaver, (410) 786–5914. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Introduction 

Title XIX of the Social Security Act 

(the Act) authorizes Federal grants to 

States for Medicaid programs that 

provide medical assistance to lowincome families, the elderly and persons 

with disabilities. Each State administers 

the Medicaid program in accordance 

with an approved Medicaid State plan. 

States have considerable flexibility in 

designing their programs, but must 

comply with Federal requirements 

specified in the Medicaid statute, 

regulations, and program guidance. 

Sections 1902(a)(2), 1903(a), and 

1905(b) of the Act set forth requirements 

that describe how the responsibility to 

fund the Medicaid program will be 

shared between the Federal and State 

governments. Section 1905(b) of the Act 

delineates a percentage referred to as the 

Federal medical assistance percentage 

(FMAP) that determines on a State-byState basis the Federal and non-Federal 

share of program expenditures. Section 

1903(a) of the Act requires Federal 

reimbursement to the State of the 

Federal share. Section 1902(a)(2) of the 

Act and implementing regulations at 42 

CFR 433.50(a)(1) permit a State to 

delegate some responsibility for the 

non-Federal share of medical assistance 

expenditures to local units of 

government sources under some 

circumstances. 

The U.S. Troop Readiness, Veterans 

Care, Katrina Recovery and Iraq 

Accountability Appropriations Act of 

2007 prohibited the Secretary of Health 

and Human Services from finalizing or 

otherwise implement the provisions 

contained in a proposed rule published 

on January 18, 2007, titled ‘‘Medicaid 

Program; Cost Limit for Providers 

Operated by Units of Government and 

Provisions To Ensure the Integrity of 

Federal-State Financial Partnership’’ (72 

FR 2236 through 2248). 

B. Final Rule With Comment Period 

Published May 29, 2007 

On May 29, 2007, the Department of 

Human and Human Services (DHHS) 

published a final rule with comment 

period titled, ‘‘Medicaid Program; Cost 

Limit for Providers Operated by Units of 

Government and Provisions To Ensure 

the Integrity of Federal-State Financial 

Partnership’’ in the Federal Register (72 

FR 29747 through 29836). 

That final rule eliminated, modified, 

or implemented regulatory requirements 

pertaining to the financial relationship 


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