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17050 Federal Register / Vol. 71, No.

65 / Wednesday, April 5, 2006 / Proposed Rules

standards (VCS) in its regulatory requirements, Sulfur dioxide, Volatile whose disclosure is restricted by statute.
activities unless to do so would be organic compounds. Do not submit information that you
inconsistent with applicable law or Authority: 42 U.S.C. 7401–7671q. consider to be CBI or otherwise
otherwise impractical. The VCS are protected through http://
technical standards (e.g., materials Dated: March 31, 2006. or e-mail. The
specifications, test methods, sampling Stephen L. Johnson, Web site is
procedures, and business practices) that Administrator. an ‘‘anonymous access’’ system, which
are developed or adopted by VCS [FR Doc. 06–3310 Filed 4–4–06; 8:45 am] means EPA will not know your identity
bodies. The NTTAA directs EPA to BILLING CODE 6560–50–P or contact information unless you
provide Congress, through OMB, provide it in the body of your comment.
explanations when the Agency decides If you send an e-mail comment directly
not to use available and applicable VCS. ENVIRONMENTAL PROTECTION to EPA without going through http://
This revision to the regulations does AGENCY, your e-mail
not involve technical standards. address will be automatically captured
Therefore, EPA is not considering the 40 CFR Part 52 and included as part of the comment
use of any VCS. [EPA–R03–OAR–2006–0153; FRL–8053–9] that is placed in the public docket and
However, EPA will encourage the made available on the Internet. If you
Federal agencies to consider the use of Approval and Promulgation of Air submit an electronic comment, EPA
such standards, where appropriate, in Quality Implementation Plans; Virginia; recommends that you include your
the implementation of the General Revised Definition of ‘‘Volatile Organic name and other contact information in
Conformity Regulations. Compound’’ the body of your comment and with any
AGENCY: Environmental Protection disk or CD–ROM you submit. If EPA
J. Executive Order 12898: Federal
Agency (EPA). cannot read your comment due to
Actions To Address Environmental
technical difficulties and cannot contact
Justice in Minority Populations and ACTION: Proposed rule.
you for clarification, EPA may not be
Low-Income Populations
SUMMARY: EPA is proposing to approve able to consider your comment.
Executive Order 12898 requires that a State Implementation Plan (SIP) Electronic files should avoid the use of
each Federal agency make achieving revision submitted by the Virginia special characters, any form of
environmental justice part of its mission Department of Environmental Quality. encryption, and be free of any defects or
by identifying and addressing, as This revision amends Virginia viruses.
appropriate, disproportionately high regulation 9 VAC 5–10–20 by updating Docket: All documents in the
and adverse human health the definition of ‘‘volatile organic electronic docket are listed in the http://
environmental effects of its programs, compound’’. This action is being taken index. Although
policies, and activities on minorities under the Clean Air Act (CAA or the listed in the index, some information is
and low-income populations. Act). not publicly available, i.e., CBI or other
The EPA believes that these proposed information whose disclosure is
DATES: Written comments must be
revisions to the regulations should not restricted by statute. Certain other
raise any environmental justice issues. received on or before May 5, 2006.
material, such as copyrighted material,
The proposed revisions to the ADDRESSES: Submit your comments, is not placed on the Internet and will be
regulations would, if promulgated, identified by Docket ID Number EPA– publicly available only in hard copy
revise procedures for other Federal R03–OAR–2006–0153 by one of the form. Publicly available docket
agencies to follow. They do not following methods: materials are available either
disproportionately affect the health or A. Follow electronically in http://
safety of minority or low income the on-line instructions for submitting or in hard copy
populations. The EPA encourages other comments. during normal business hours at the Air
B. E-mail:
agencies to carefully consider and Protection Division, U.S. Environmental
C. Mail: EPA–R03–OAR–2006–0153,
address environmental justice in their Protection Agency, Region III, 1650
Makeba Morris, Chief, Air Quality
implementation of their evaluations and Arch Street, Philadelphia, Pennsylvania
Planning Branch, Mailcode 3AP21, U.S.
conformity determinations. 19103. Copies of the State submittal are
Environmental Protection Agency,
List of Subjects Region III, 1650 Arch Street, available at the Virginia Department of
Philadelphia, Pennsylvania 19103. Environmental Quality, 629 East Main
40 CFR Part 51 D. Hand Delivery: At the previously- Street, Richmond, Virginia 23219.
Environmental protection, listed EPA Region III address. Such FOR FURTHER INFORMATION CONTACT:
Administrative practice and procedures, deliveries are only accepted during the Helene Drago, (215) 814–5796, or by e-
Air pollution control, Carbon monoxide, Docket’s normal hours of operation, and mail at
Intergovernmental relations, Lead, special arrangements should be made SUPPLEMENTARY INFORMATION: On
Nitrogen dioxide, Ozone, Particulate for deliveries of boxed information. January 12, 2006, the Virginia
matter, Reporting and recordkeeping Instructions: Direct your comments to Department of Environmental Quality
requirements, Sulfur dioxide, Volatile Docket ID No. EPA–R03–OAR–2006– submitted a revision to its State
organic compounds. 0153. EPA’s policy is that all comments Implementation Plan (SIP). The revision
received will be included in the public updated the definition of ‘‘volatile
40 CFR Part 93 docket without change, and may be organic compound’’. The revision
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Environmental protection, made available online at http:// consists of amendments to Regulation 9

Administrative practice and procedures,, including any VAC 5–10–20 ‘‘Terms defined’’.
Air pollution control, Carbon monoxide, personal information provided, unless
Intergovernmental relations, Lead, the comment includes information I. Background
Nitrogen dioxide, Ozone, Particulate claimed to be Confidential Business The Virginia Register of Regulations
matter, Reporting and recordkeeping Information (CBI) or other information defines ‘‘volatile organic compound’’ at

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Federal Register / Vol. 71, No. 65 / Wednesday, April 5, 2006 / Proposed Rules 17051

9 VAC 5–10–20 under ‘‘Terms defined’’. extend to documents or information (1) of the state plan, independently of any
On January 12, 2006, the that are generated or developed before state enforcement effort. In addition,
Commonwealth submitted a SIP the commencement of a voluntary citizen enforcement under section 304
revision request which updated the environmental assessment; (2) that are of the Clean Air Act is likewise
definition of ‘‘volatile organic prepared independently of the unaffected by this, or any, state audit
compound’’. assessment process; (3) that demonstrate privilege or immunity law.
a clear, imminent and substantial
II. Summary of SIP Revision IV. Proposed Action
danger to the public health or
On January 12, 2006, the environment; or (4) that are required by EPA’s review of this material
Commonwealth submitted a SIP law. indicates the revision will not cause or
revision request which amends the On January 12, 1998, the contribute to a violation the NAAQS.
definition of ‘‘volatile organic Commonwealth of Virginia Office of the EPA is proposing to approve the
compound’’ found under 9 VAC 5–10– Attorney General provided a legal Virginia SIP revision concerning the
20. The amendment revises the opinion that states that the Privilege updating of the definition of ‘‘volatile
definition of the term ‘‘volatile organic law, Va. Code Sec. 10.1–1198, precludes organic compound’’, which was
compound’’ to exclude four compounds granting a privilege to documents and submitted on January 12, 2006. EPA is
that have been demonstrated to be less information ‘‘required by law,’’ soliciting public comments on the
reactive: 1,1,1,2,2,3,3-heptafluoro-3- including documents and information issues discussed in this document.
methoxy-propane, 3-ethoxy- ‘‘required by Federal law to maintain These comments will be considered
1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2- program delegation, authorization or before taking final action.
(trifluoromethyl) hexane, 1,1,1,2,3,3,3- approval,’’ since Virginia must ‘‘enforce V. Statutory and Executive Order
heptafluoropropane, and methyl Federally authorized environmental Reviews
formate. The definition of VOC has also programs in a manner that is no less
been revised in order to partially stringent than their Federal counterparts Under Executive Order 12866 (58 FR
exclude t-butyl acetate. The amendment * * *.’’ The opinion concludes that 51735, October 4, 1993), this proposed
states that the compound, t-butyl ‘‘[r]egarding § 10.1–1198, therefore, action is not a ‘‘significant regulatory
acetate, should be considered to be a documents or other information needed action’’ and therefore is not subject to
VOC for record keeping, emissions for civil or criminal enforcement under review by the Office of Management and
reporting, photochemical dispersion one of these programs could not be Budget. For this reason, this action is
modeling and inventory requirements privileged because such documents and also not subject to Executive Order
that apply to VOCs and should be information are essential to pursuing 13211, ‘‘Actions Concerning Regulations
uniquely identified in emission reports, enforcement in a manner required by That Significantly Affect Energy Supply,
but it is not a VOC for purposes of VOC Federal law to maintain program Distribution, or Use’’ (66 Fed. Reg.
emission standards, emission delegation, authorization or approval.’’ 28355 (May 22, 2001)). This action
limitations, or content requirements. Virginia’s Immunity law, Va. Code merely proposes to approve state law as
This definition update is consistent Sec. 10.1–1199, provides that ‘‘[t]o the meeting Federal requirements and
with Federal regulations. extent consistent with requirements imposes no additional requirements
imposed by Federal law,’’ any person beyond those imposed by state law.
III. General Information Pertaining to Accordingly, the Administrator certifies
making a voluntary disclosure of
SIP Submittals From the that this proposed rule will not have a
information to a state agency regarding
Commonwealth of Virginia significant economic impact on a
a violation of an environmental statute,
In 1995, Virginia adopted legislation regulation, permit, or administrative substantial number of small entities
that provides, subject to certain order is granted immunity from under the Regulatory Flexibility Act (5
conditions, for an environmental administrative or civil penalty. The U.S.C. 601 et seq.). Because this rule
assessment (audit) ‘‘privilege’’ for Attorney General’s January 12, 1998 proposes to approve pre-existing
voluntary compliance evaluations opinion states that the quoted language requirements under state law and does
performed by a regulated entity. The renders this statute inapplicable to not impose any additional enforceable
legislation further addresses the relative enforcement of any Federally authorized duty beyond that required by state law,
burden of proof for parties either programs, since ‘‘no immunity could be it does not contain any unfunded
asserting the privilege or seeking afforded from administrative, civil, or mandate or significantly or uniquely
disclosure of documents for which the criminal penalties because granting affect small governments, as described
privilege is claimed. Virginia’s such immunity would not be consistent in the Unfunded Mandates Reform Act
legislation also provides, subject to with Federal law, which is one of the of 1995 (Pub. L. 104–4). This proposed
certain conditions, for a penalty waiver criteria for immunity.’’ rule also does not have a substantial
for violations of environmental laws Therefore, EPA has determined that direct effect on one or more Indian
when a regulated entity discovers such Virginia’s Privilege and Immunity tribes, on the relationship between the
violations pursuant to a voluntary statutes will not preclude the Federal Government and Indian tribes,
compliance evaluation and voluntarily Commonwealth from enforcing its or on the distribution of power and
discloses such violations to the program consistent with the Federal responsibilities between the Federal
Commonwealth and takes prompt and requirements. In any event, because Government and Indian tribes, as
appropriate measures to remedy the EPA has also determined that a state specified by Executive Order 13175 (65
violations. Virginia’s Voluntary audit privilege and immunity law can FR 67249, November 9, 2000), nor will
Environmental Assessment Privilege affect only state enforcement and cannot it have substantial direct effects on the
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Law, Va. Code Sec. 10.1–1198, provides have any impact on Federal States, on the relationship between the
a privilege that protects from disclosure enforcement authorities, EPA may at national government and the States, or
documents and information about the any time invoke its authority under the on the distribution of power and
content of those documents that are the Clean Air Act, including, for example, responsibilities among the various
product of a voluntary environmental sections 113, 167, 205, 211 or 213, to levels of government, as specified in
assessment. The Privilege Law does not enforce the requirements or prohibitions Executive Order 13132 (64 FR 43255,

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17052 Federal Register / Vol. 71, No. 65 / Wednesday, April 5, 2006 / Proposed Rules

August 10, 1999), because it merely DEPARTMENT OF HEALTH AND Centers for Medicare & Medicaid
proposes to approve a state rule HUMAN SERVICES Services, Department of Health and
implementing a Federal requirement, Human Services, Attention: CMS–4105–
and does not alter the relationship or Centers for Medicare & Medicaid P, Mail Stop C4–26–05, 7500 Security
the distribution of power and Services Boulevard, Baltimore, MD 21244–1850.
responsibilities established in the Clean 4. By hand or courier. If you prefer,
Air Act. This proposed rule also is not 42 CFR Parts 405, 412, 422, and 489 you may deliver (by hand or courier)
subject to Executive Order 13045 (62 FR your written comments (one original
[CMS–4105–P] and two copies) before the close of the
19885, April 23, 1997), because it is not
economically significant. RIN 0938–AN85 comment period to one of the following
addresses. If you intend to deliver your
In reviewing SIP submissions, EPA’s Medicare Program; Notification comments to the Baltimore address,
role is to approve state choices, Procedures for Hospital Discharges please call telephone number (410) 786–
provided that they meet the criteria of 9994 in advance to schedule your
the Clean Air Act. In this context, in the AGENCY: Centers for Medicare & arrival with one of our staff members.
absence of a prior existing requirement Medicaid Services (CMS), HHS. Room 445–G, Hubert H. Humphrey
for the State to use voluntary consensus ACTION: Proposed rule. Building, 200 Independence Avenue,
standards (VCS), EPA has no authority SW., Washington, DC 20201; or 7500
to disapprove a SIP submission for SUMMARY: This proposed rule sets forth Security Boulevard, Baltimore, MD
failure to use VCS. It would thus be new requirements for hospital discharge 21244–1850.
inconsistent with applicable law for notices under both original Medicare (Because access to the interior of the
and the Medicare Advantage program. HHH Building is not readily available to
EPA, when it reviews a SIP submission,
This proposed rule would require persons without Federal Government
to use VCS in place of a SIP submission
hospitals to comply with a two-step identification, commenters are
that otherwise satisfies the provisions of notice process when discharging
the Clean Air Act. Thus, the encouraged to leave their comments in
patients from the hospital level of care the CMS drop slots located in the main
requirements of section 12(d) of the that is similar to the notice requirements
National Technology Transfer and lobby of the building. A stamp-in clock
regarding service terminations is available for persons wishing to retain
Advancement Act of 1995 (15 U.S.C. applicable to home health agencies,
272 note) do not apply. As required by a proof of filing by stamping in and
skilled nursing facilities, comprehensive retaining an extra copy of the comments
section 3 of Executive Order 12988 (61 outpatient rehabilitation facilities, and being filed.)
FR 4729, February 7, 1996), in issuing hospices. Comments mailed to the addresses
this proposed rule, EPA has taken the indicated as appropriate for hand or
DATES: To be assured consideration,
necessary steps to eliminate drafting courier delivery may be delayed and
comments must be received at one of
errors and ambiguity, minimize the addresses provided below, no later received after the comment period.
potential litigation, and provide a clear than 5 p.m. on June 5, 2006. Submission of comments on
legal standard for affected conduct. EPA paperwork requirements. You may
ADDRESSES: In commenting, please refer
has complied with Executive Order submit comments on this document’s
to file code CMS–4105–P. Because of
12630 (53 FR 8859, March 15, 1988) by paperwork requirements by mailing
staff and resource limitations, we cannot
examining the takings implications of accept comments by facsimile (FAX) your comments to the addresses
the rule in accordance with the transmission. provided at the end of the ‘‘Collection
‘‘Attorney General’s Supplemental You may submit comments in one of of Information Requirements’’ section in
Guidelines for the Evaluation of Risk three ways (no duplicates, please): this document.
and Avoidance of Unanticipated 1. Electronically. You may submit For information on viewing public
Takings’’ issued under the executive electronic comments on specific issues comments, see the beginning of the
order. in this regulation to http:// SUPPLEMENTARY INFORMATION section.
This proposed rule to approve Click FOR FURTHER INFORMATION CONTACT:
revisions to the Virginia SIP that update on the link ‘‘Submit electronic Eileen Zerhusen, (410) 786–7803, (For
the definition of ‘‘volatile organic comments on CMS regulations with an issues related to Original Medicare).
compound’’ does not impose an open comment period.’’ (Attachments Tim Roe, (410) 786–2006, (For issues
information collection burden under the should be in Microsoft Word, related to Medicare Advantage).
provisions of the Paperwork Reduction WordPerfect, or Excel; however, we SUPPLEMENTARY INFORMATION:
Act of 1995 (44 U.S.C. 3501 et seq.). prefer Microsoft Word.) Submitting Comments: We welcome
2. By regular mail. You may mail comments from the public on all issues
List of Subjects in 40 CFR Part 52 written comments (one original and two set forth in this rule to assist us in fully
copies) to the following address ONLY: considering issues and developing
Environmental protection, Air Centers for Medicare & Medicaid policies. You can assist us by
pollution control, Ozone, Reporting and Services, Department of Health and referencing the file code CMS–4105–P
recordkeeping requirements, Volatile Human Services, Attention: CMS–4105– and the specific ‘‘issue identifier’’ that
organic compounds. P, P.O. Box 8010, Baltimore, MD 21244– precedes the section on which you
Authority: 42 U.S.C. 7401 et seq. 1850. choose to comment.
Please allow sufficient time for mailed Inspection of Public Comments: All
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Dated: March 29, 2006.

comments to be received before the comments received before the close of
Donald S. Welsh, close of the comment period. the comment period are available for
Regional Administrator, Region III. 3. By express or overnight mail. You viewing by the public, including any
[FR Doc. E6–4940 Filed 4–4–06; 8:45 am] may send written comments (one personally identifiable or confidential
BILLING CODE 6560–50–P original and two copies) to the following business information that is included in
address ONLY: a comment. We post all comments

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