71676 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations 

compliance year (originally 2013 and 

now 2016). In these cases, the EPA will 

re-vintage the previously recorded 2012 

and 2013 allowances into 2015 and 

2016 allowances, respectively, 

consistent with the Court’s order tolling 

CSAPR’s compliance deadlines. The 

EPA will then record adjustments as 

needed to bring the re-vintaged, 

previously recorded allocations up to 

the 2015 and 2016 allocations described 

in this NODA. Allowance tracking 

system accounts will be briefly frozen 

while the re-vintaging and adjustments 

are carried out. 

List of Subjects 

40 CFR Part 97 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Electric power 

plants, Nitrogen oxides, Reporting and 

recordkeeping requirements, Sulfur 

dioxide. 

Dated: November 21, 2014. 

Reid P. Harvey, 

Director, Clean Air Markets Division. 

[FR Doc. 2014–28281 Filed 12–2–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0682; FRL–9918–41] 

Oxirane, Phenyl, Polymer With 

Oxirane, Monooctyl Ether; Tolerance 

Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of oxirane, 

phenyl, polymer with oxirane, 

monooctyl ether; when used as an inert 

ingredient in a pesticide chemical 

formulation. Envonik Corporation 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting an exemption from 

the requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of oxirane, phenyl, polymer 

with oxirane, monooctyl ether on food 

or feed commodities. 

DATES: This regulation is effective 

December 3, 2014. Objections and 

requests for hearings must be received 

on or before February 2, 2015, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2014–0682, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, Registration Division (RD) 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http://

www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. Can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2014–0682 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before February 2, 2015. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2014–0682, by one of the following 

methods. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at 

http://www.epa.gov/dockets. 

II. Background and Statutory Findings 

In the Federal Register of October 15, 

2014 (79 FR 61844) (FRL–9917–24), 

EPA issued a document pursuant to 

FFDCA section 408, 21 U.S.C. 346a, 

announcing the receipt of a pesticide 

petition (PP IN–10751) filed by Envonik 

Corporation, P.O. Box 1299, Hopewell, 

VA 23860. The petition requested that 

40 CFR 180.960 be amended by 

establishing an exemption from the 

requirement of a tolerance for residues 

of oxirane, phenyl, polymer with 

oxirane, monooctyl ether; 83653–00–3. 

That document included a summary of 

the petition prepared by the petitioner 

and solicited comments on the 


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Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations 71677 

petitioner’s request. One comment was 

received for a notice of filing from a 

private citizen. 

Section 408(c)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the exemption is ‘‘safe.’’ 

Section 408(c)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and 

use in residential settings, but does not 

include occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing an 

exemption from the requirement of a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue . . .’’ and specifies 

factors EPA is to consider in 

establishing an exemption. 

III. Risk Assessment and Statutory 

Findings 

EPA establishes exemptions from the 

requirement of a tolerance only in those 

cases where it can be shown that the 

risks from aggregate exposure to 

pesticide chemical residues under 

reasonably foreseeable circumstances 

will pose no appreciable risks to human 

health. In order to determine the risks 

from aggregate exposure to pesticide 

inert ingredients, the Agency considers 

the toxicity of the inert in conjunction 

with possible exposure to residues of 

the inert ingredient through food, 

drinking water, and through other 

exposures that occur as a result of 

pesticide use in residential settings. If 

EPA is able to determine that a finite 

tolerance is not necessary to ensure that 

there is a reasonable certainty that no 

harm will result from aggregate 

exposure to the inert ingredient, an 

exemption from the requirement of a 

tolerance may be established. 

Consistent with FFDCA section 

408(b)(2)(D), EPA has reviewed the 

available scientific data and other 

relevant information in support of this 

action and considered its validity, 

completeness and reliability and the 

relationship of this information to 

human risk. EPA has also considered 

available information concerning the 

variability of the sensitivities of major 

identifiable subgroups of consumers, 

including infants and children. In the 

case of certain chemical substances that 

are defined as polymers, the Agency has 

established a set of criteria to identify 

categories of polymers expected to 

present minimal or no risk. The 

definition of a polymer is given in 40 

CFR 723.250(b) and the exclusion 

criteria for identifying these low-risk 

polymers are described in 40 CFR 

723.250(d). Oxirane, phenyl, polymer 

with oxirane, monooctyl ether; 83653– 

00–3 conforms to the definition of a 

polymer given in 40 CFR 723.250(b) and 

meets the following criteria that are 

used to identify low-risk polymers. 

1. The polymer is not a cationic 

polymer nor is it reasonably anticipated 

to become a cationic polymer in a 

natural aquatic environment. 

2. The polymer does contain as an 

integral part of its composition the 

atomic elements carbon, hydrogen, and 

oxygen. 

3. The polymer does not contain as an 

integral part of its composition, except 

as impurities, any element other than 

those listed in 40 CFR 723.250(d)(2)(ii). 

4. The polymer is neither designed 

nor can it be reasonably anticipated to 

substantially degrade, decompose, or 

depolymerize. 

5. The polymer is manufactured or 

imported from monomers and/or 

reactants that are already included on 

the TSCA Chemical Substance 

Inventory or manufactured under an 

applicable TSCA section 5 exemption. 

6. The polymer is not a water 

absorbing polymer with a number 

average molecular weight (MW) greater 

than or equal to 10,000 daltons. 

7. The polymer does not contain 

certain perfluoroalkyl moieties 

consisting of a CF3- or longer chain 

length as specified in 40 CFR 

723.250(d)(6). 

Additionally, the polymer also meets 

as required the following exemption 

criteria specified in 40 CFR 723.250(e). 

8. The polymer’s number average MW 

of 1,200 is greater than 1,000 and less 

than 10,000 daltons. The polymer 

contains less than 10% oligomeric 

material below MW 500 and less than 

25% oligomeric material below MW 

1,000, and the polymer does not contain 

any reactive functional groups. 

Thus, oxirane, phenyl, polymer with 

oxirane, monooctyl ether meets the 

criteria for a polymer to be considered 

low risk under 40 CFR 723.250. Based 

on its conformance to the criteria in this 

unit, no mammalian toxicity is 

anticipated from dietary, inhalation, or 

dermal exposure to oxirane, phenyl, 

polymer with oxirane, monooctyl ether. 

IV. Aggregate Exposures 

For the purposes of assessing 

potential exposure under this 

exemption, EPA considered that 

oxirane, phenyl, polymer with oxirane, 

monooctyl ether could be present in all 

raw and processed agricultural 

commodities and drinking water, and 

that non-occupational non-dietary 

exposure was possible. The number 

average MW of oxirane, phenyl, 

polymer with oxirane, monooctyl ether 

is 1,200 daltons. Generally, a polymer of 

this size would be poorly absorbed 

through the intact gastrointestinal tract 

or through intact human skin. Since 

oxirane, phenyl, polymer with oxirane, 

monooctyl ether conform to the criteria 

that identify a low-risk polymer, there 

are no concerns for risks associated with 

any potential exposure scenarios that 

are reasonably foreseeable. The Agency 

has determined that a tolerance is not 

necessary to protect the public health. 

V. Cumulative Effects From Substances 

With a Common Mechanism of Toxicity 

Section 408(b)(2)(D)(v) of FFDCA 

requires that, when considering whether 

to establish, modify, or revoke a 

tolerance, the Agency consider 

‘‘available information’’ concerning the 

cumulative effects of a particular 

pesticide’s residues and ‘‘other 

substances that have a common 

mechanism of toxicity.’’ 

EPA has not found oxirane, phenyl, 

polymer with oxirane, monooctyl ether 

to share a common mechanism of 

toxicity with any other substances, and 

oxirane, phenyl, polymer with oxirane, 

monooctyl ether does not appear to 

produce a toxic metabolite produced by 

other substances. For the purposes of 

this tolerance action, therefore, EPA has 

assumed that oxirane, phenyl, polymer 

with oxirane, monooctyl ether does not 

have a common mechanism of toxicity 

with other substances. For information 

regarding EPA’s efforts to determine 

which chemicals have a common 

mechanism of toxicity and to evaluate 

the cumulative effects of such 

chemicals, see EPA’s Web site at 

http://www.epa.gov/pesticides/

cumulative. 

VI. Additional Safety Factor for the 

Protection of Infants and Children 

Section 408(b)(2)(C) of FFDCA 

provides that EPA shall apply an 

additional tenfold margin of safety for 

infants and children in the case of 

threshold effects to account for prenatal 

and postnatal toxicity and the 

completeness of the data base unless 

EPA concludes that a different margin of 

safety will be safe for infants and 


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children. Due to the expected low 

toxicity of oxirane, phenyl, polymer 

with oxirane, monooctyl ether, EPA has 

not used a safety factor analysis to 

assess the risk. For the same reasons the 

additional tenfold safety factor is 

unnecessary. 

VII. Determination of Safety 

Based on the conformance to the 

criteria used to identify a low-risk 

polymer, EPA concludes that there is a 

reasonable certainty of no harm to the 

U.S. population, including infants and 

children, from aggregate exposure to 

residues of oxirane, phenyl, polymer 

with oxirane, monooctyl ether. 

VIII. Other Considerations 

A. Analytical Enforcement Methodology 

An analytical method is not required 

for enforcement purposes since the 

Agency is establishing an exemption 

from the requirement of a tolerance 

without any numerical limitation. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

The Codex Alimentarius is a joint 

United Nations Food and Agriculture 

Organization/World Health 

Organization food standards program, 

and it is recognized as an international 

food safety standards-setting 

organization in trade agreements to 

which the United States is a party. EPA 

may establish a tolerance that is 

different from a Codex MRL; however, 

FFDCA section 408(b)(4) requires that 

EPA explain the reasons for departing 

from the Codex level. 

The Codex has not established a MRL 

for oxirane, phenyl, polymer with 

oxirane, monooctyl ether. 

C. Comments 

One comment was received for a 

notice of filing from a private citizen 

who opposed any pesticide product that 

leaves a residue above 0.00. The Agency 

understands the commenter’s concerns 

and recognizes that some individuals 

believe that no residue of pesticides 

should be allowed. However, under the 

existing legal framework provided by 

FFDCA section 408, EPA is authorized 

to establish pesticide tolerances or 

exemptions where persons seeking such 

tolerances or exemptions have 

demonstrated that the pesticide meets 

the safety standard imposed by the 

statute. 

IX. Conclusion 

Accordingly, EPA finds that 

exempting residues of oxirane, phenyl, 

polymer with oxirane, monooctyl ether 

from the requirement of a tolerance will 

be safe. 

X. Statutory and Executive Order 

Reviews 

This action establishes a tolerance 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children From Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This action does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), nor does it require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or tribal governments, on the 

relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(2 U.S.C. 1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA) (15 U.S.C. 272 note). 

XI. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule 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. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: November 24, 2014. 

Susan Lewis, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.960, alphabetically add the 

following polymer to the table to read as 

follows: 

§ 180.960 Polymers; exemptions from the 

requirement of a tolerance. 

* * * * * 

Polymer CAS No. 

* * * * * 

Oxirane, phenyl, polymer with 

oxirane, monooctyl ether, 

minimum average molecular 

weight (in amu) 1,200 ........... 83653–00–3 

* * * * * 


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[FR Doc. 2014–28384 Filed 12–2–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2001–0002; FRL–9920– 

08–Region–2] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Consolidated Iron and Metal 

Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA), Region 2, announces the 

deletion of the Consolidated Iron and 

Metal Superfund Site (Site) located in 

the City of Newburgh, Orange County, 

New York, from the National Priorities 

List (NPL). The NPL, promulgated 

pursuant to section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of New York, through the New 

York State Department of 

Environmental Conservation (NYSDEC), 

have determined that all appropriate 

response actions under CERCLA, other 

than operation, maintenance, and fiveyear reviews, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: This action is effective on 

December 3, 2014. 

ADDRESSES: Docket: EPA has established 

a docket for this action under Docket 

Identification No. EPA–HQ–SFUND– 

2001–0002. All documents in the docket 

are listed on the http://

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, e.g., Confidential 

Business Information 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 http://

www.regulations.gov or in hard copy at 

the Site information repositories. 

Locations, contacts, phone numbers and 

viewing hours are: U.S. Environmental 

Protection Agency, Region 2, Superfund 

Records Center, 290 Broadway, 18th 

Floor, New York, NY 10007–1866, 

Phone: 212–637–4308, Hours: Monday 

to Friday from 9:00 a.m. to 5:00 p.m. 

and Newburgh Free Library, 

Consolidated Iron and Metal Site 

Repository File, 124 Grand Street, 

Newburgh, NY 12550, Phone: 845–563– 

3600, Hours: Monday & Thursday from 

9:00 a.m. to 9:00 p.m., Tuesday, 

Wednesday, & Friday from 9:00 a.m. to 

5:00 p.m., Saturday from 10:00 a.m. to 

3:00 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Michael Negrelli, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 2, Emergency and 

Remedial Response Division, 290 

Broadway, 20th Floor, New York, NY 

10007–1866; (212) 637–4248; 

negrelli.mike@epa.gov. 

SUPPLEMENTARY INFORMATION: The site to 

be deleted from the NPL is: 

Consolidated Iron and Metal Superfund 

Site, City of Newburgh, Orange County, 

New York. A Notice of Intent to Delete 

for this Site was published in the 

Federal Register FRL–9917–27–Region– 

2 on October 1, 2014, (79 FR 59182). 

The closing date for comments on the 

Notice of Intent to Delete was October 

30, 2014. No adverse public comments 

were received and therefore no response 

to comments was required. The deletion 

action is appropriate. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion from the NPL 

does not preclude further remedial 

action. Whenever there is a significant 

release from a site deleted from the NPL, 

the deleted site may be restored to the 

NPL without application of the hazard 

ranking system. Deletion of a site from 

the NPL does not affect responsible 

party liability in the unlikely event that 

future conditions warrant further 

actions. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and record keeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: November 18, 2014. 

Judith A. Enck, 

Regional Administrator, EPA, Region 2. 

For the reasons set out in the 

preamble, 40 CFR part 300 is amended 

as follows: 

PART 300—NATIONAL OIL AND 

HAZARDOUS SUBSTANCES 

POLLUTION CONTINGENCY PLAN 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 

3 CFR 1987 Comp., p. 193. 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing ‘‘NY’’, 

‘‘Consolidated Iron and Metal’’, 

‘‘Newburgh’’. 

[FR Doc. 2014–28445 Filed 12–2–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 447 

CMS–2315–F] 

RIN 0938–AQ37 

Medicaid Program; Disproportionate 

Share Hospital Payments—Uninsured 

Definition 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule. 

SUMMARY: This final rule addresses the 

hospital-specific limitation on Medicaid 

disproportionate share hospital (DSH) 

payments under the Social Security Act 

(the Act). Under this limitation, DSH 

payments to a hospital cannot exceed 

the uncompensated costs of furnishing 

hospital services by the hospital to 

individuals who are Medicaid-eligible 

or ‘‘have no health insurance (or other 

source of third party coverage) for the 

services furnished during the year.’’ 

This rule provides that, in auditing DSH 

payments, the quoted test will be 

applied on a service-specific basis; so 

that the calculation of uncompensated 

care for purposes of the hospital-specific 

DSH limit will include the cost of each 

service furnished to an individual by 

that hospital for which the individual 

had no health insurance or other source 

of third party coverage. 

DATES: Effective December 31, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Robert Weaver, 410–786–5914; or Rory 

Howe, (410) 786–4878. 

SUPPLEMENTARY INFORMATION: 


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