82_FR_46327 82 FR 46136 - Air Plan Approval; Georgia; Regional Haze Progress Report

82 FR 46136 - Air Plan Approval; Georgia; Regional Haze Progress Report

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 191 (October 4, 2017)

Page Range46136-46138
FR Document2017-21246

The Environmental Protection Agency (EPA) is finalizing approval of a State Implementation Plan (SIP) revision submitted by the State of Georgia, Department of Natural Resources, through the Georgia Environmental Protection Division (GA EPD) on January 8, 2014. Georgia's January 8, 2014, SIP revision (Progress Report) addresses requirements of the Clean Air Act (CAA or Act) and EPA's rules that require each state to submit periodic reports describing progress towards reasonable progress goals (RPGs) established for regional haze and a determination of the adequacy of the state's existing SIP addressing regional haze (regional haze plan). EPA is finalizing approval of Georgia's determination that the State's regional haze plan is adequate to meet these RPGs for the first implementation period covering through 2018 and requires no substantive revision at this time.

Federal Register, Volume 82 Issue 191 (Wednesday, October 4, 2017)
[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Rules and Regulations]
[Pages 46136-46138]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21246]


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ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Part 52

[EPA-R04-OAR-2016-0634; FRL-9968-71-Region 4]


Air Plan Approval; Georgia; Regional Haze Progress Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of a State Implementation Plan (SIP) revision submitted by the 
State of Georgia, Department of Natural Resources, through the Georgia 
Environmental Protection Division (GA EPD) on January 8, 2014. 
Georgia's January 8, 2014, SIP revision (Progress Report) addresses 
requirements of the Clean Air Act (CAA or Act) and EPA's rules that 
require each state to submit periodic reports describing progress 
towards reasonable progress goals (RPGs) established for regional haze 
and a determination of the adequacy of the state's existing SIP 
addressing regional haze (regional haze plan). EPA is finalizing 
approval of Georgia's determination that the State's regional haze plan 
is adequate to meet these RPGs for the first implementation period 
covering through 2018 and requires no substantive revision at this 
time.

DATES: This rule is effective November 3, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2016-0634. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information may not be publicly available, i.e., 
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 www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation 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 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Ms. Notarianni can be reached by phone at (404) 562-9031 
and via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    States are required to submit a progress report in the form of a 
SIP revision that evaluates progress towards the RPGs for each 
mandatory Class I federal area \1\ (Class I area) within the state and 
for each Class I area outside the state which may be affected by 
emissions from within the state. 40 CFR 51.308(g). In addition, the 
provisions of 40 CFR 51.308(h) require states to submit, at the same 
time as the 40 CFR 51.308(g) progress report, a determination of the 
adequacy of the state's existing regional haze plan. On January 8, 
2014, Georgia submitted its Progress Report which, among other things, 
details the progress made in the first period toward implementation of 
the long term strategy outlined in the State's regional haze plan; the 
visibility improvement measured at the three Class I areas within its 
borders (Cohutta Wilderness Area, Okefenokee Wilderness Area, and Wolf 
Island Wilderness Area) and at Class I areas

[[Page 46137]]

outside of the State potentially impacted by emissions from Georgia; 
and a determination of the adequacy of the State's existing regional 
haze plan.
---------------------------------------------------------------------------

    \1\ Areas designated as mandatory Class I federal areas consist 
of national parks exceeding 6000 acres, wilderness areas and 
national memorial parks exceeding 5000 acres, and all international 
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). 
These areas are listed at 40 CFR part 81, subpart D.
---------------------------------------------------------------------------

    In a notice of proposed rulemaking (NPRM) published on August 15, 
2017 (82 FR 38654), EPA proposed to approve Georgia's January 8, 2014, 
Progress Report. The details of Georgia's submission and the rationale 
for EPA's actions are explained in the NPRM. Comments on the proposed 
rulemaking were due on or before September 14, 2017. EPA received no 
adverse comments on the proposed action.

II. Final Action

    EPA is finalizing approval of Georgia's January 8, 2014, Progress 
Report as meeting the applicable regional haze requirements set forth 
in 40 CFR 51.308(g) and 51.308(h).

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. See 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 Act. 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    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).
    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 4, 2017. 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. This action 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide, 
Volatile organic compounds.

    Dated: September 21, 2017.
 Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart L--Georgia

0
2. Section 52.570(e) is amended by adding an entry for ``January 2014 
Regional Haze Progress Report'' at the end of the table to read as 
follows:


Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                                             State
   Name of nonregulatory SIP    Applicable  geographic  submittal date/ EPA approval date       Explanation
           provision             or nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
January 2014 Regional Haze      Georgia...............       01/8/2014  10/4/17 [Insert
 Progress Report.                                                        citation of
                                                                         publication].
----------------------------------------------------------------------------------------------------------------



[[Page 46138]]

[FR Doc. 2017-21246 Filed 10-3-17; 8:45 am]
 BILLING CODE 6560-50-P



                                              46136            Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations

                                              circuit by December 4, 2017. Filing a                   reference, Intergovernmental relations,                        Authority: 42 U.S.C. 7401 et seq.
                                              petition for reconsideration by the                     Nitrogen dioxide, Ozone, Reporting and
                                              Administrator of this final rule does not               recordkeeping requirements, Volatile                       Subpart II—North Carolina
                                              affect the finality of this action for the              organic compounds.
                                              purposes of judicial review nor does it                   Dated: September 21, 2017.                               ■ 2. Section 52.1770(e) is amended by
                                              extend the time within which a petition                                                                            adding a new entry ‘‘110(a)(1) and (2)
                                                                                                      Onis ‘‘Trey’’ Glenn, III,
                                              for judicial review may be filed, and                                                                              Infrastructure Requirements for the 2008
                                                                                                      Regional Administrator, Region 4.
                                              shall not postpone the effectiveness of                                                                            8-Hour Ozone NAAQS’’ at the end of
                                              such rule or action. This action may not                      40 CFR part 52 is amended as follows:                the table to read as follows:
                                              be challenged later in proceedings to
                                              enforce its requirements. See section                   PART 52—APPROVAL AND                                       § 52.1770    Identification of plan.
                                              307(b)(2).                                              PROMULGATION OF                                            *       *    *      *      *
                                                                                                      IMPLEMENTATION PLANS
                                              List of Subjects in 40 CFR Part 52                                                                                     (e) * * *
                                                Environmental protection, Air                         ■ 1. The authority citation for part 52
                                              pollution control, Incorporation by                     continues to read as follows:

                                                                                    EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
                                                                                                  State effective        EPA approval        Federal Register
                                                                Provision                                                                                                             Explanation
                                                                                                       date                 date                 citation


                                                       *                    *                           *                         *                        *                      *              *
                                              110(a)(1) and (2) Infrastructure Require-                12/9/2015             10/4/2017     [Insert citation of         Addressing prongs 1 and 2 of section
                                                ments for the 2008 8-Hour Ozone                                                               publication].              110(a)(2)(D)(i) only.
                                                NAAQS.



                                              [FR Doc. 2017–21247 Filed 10–3–17; 8:45 am]             requires no substantive revision at this                   Environmental Protection Agency,
                                              BILLING CODE 6560–50–P                                  time.                                                      Region 4, 61 Forsyth Street SW.,
                                                                                                      DATES: This rule is effective November                     Atlanta, Georgia 30303–8960. Ms.
                                                                                                      3, 2017.                                                   Notarianni can be reached by phone at
                                              ENVIRONMENTAL PROTECTION                                ADDRESSES: EPA has established a                           (404) 562–9031 and via electronic mail
                                              AGENCY                                                  docket for this action under Docket                        at notarianni.michele@epa.gov.
                                                                                                      Identification No. EPA–R04–OAR–                            SUPPLEMENTARY INFORMATION:
                                              40 CFR Part 52
                                                                                                      2016–0634. All documents in the docket                     I. Background
                                              [EPA–R04–OAR–2016–0634; FRL–9968–71–                    are listed on the www.regulations.gov
                                              Region 4]                                               Web site. Although listed in the index,                       States are required to submit a
                                                                                                      some information may not be publicly                       progress report in the form of a SIP
                                              Air Plan Approval; Georgia; Regional                    available, i.e., Confidential Business                     revision that evaluates progress towards
                                              Haze Progress Report                                    Information or other information whose                     the RPGs for each mandatory Class I
                                                                                                      disclosure is restricted by statute.                       federal area 1 (Class I area) within the
                                              AGENCY:  Environmental Protection                                                                                  state and for each Class I area outside
                                              Agency (EPA).                                           Certain other material, such as
                                                                                                      copyrighted material, is not placed on                     the state which may be affected by
                                              ACTION: Final rule.                                                                                                emissions from within the state. 40 CFR
                                                                                                      the Internet and will be publicly
                                                                                                      available only in hard copy form.                          51.308(g). In addition, the provisions of
                                              SUMMARY:    The Environmental Protection
                                                                                                      Publicly available docket materials are                    40 CFR 51.308(h) require states to
                                              Agency (EPA) is finalizing approval of
                                                                                                      available either electronically through                    submit, at the same time as the 40 CFR
                                              a State Implementation Plan (SIP)                                                                                  51.308(g) progress report, a
                                              revision submitted by the State of                      www.regulations.gov or in hard copy at
                                                                                                      the Air Regulatory Management Section,                     determination of the adequacy of the
                                              Georgia, Department of Natural                                                                                     state’s existing regional haze plan. On
                                              Resources, through the Georgia                          Air Planning and Implementation
                                                                                                                                                                 January 8, 2014, Georgia submitted its
                                              Environmental Protection Division (GA                   Branch, Air, Pesticides and Toxics
                                                                                                                                                                 Progress Report which, among other
                                              EPD) on January 8, 2014. Georgia’s                      Management Division, U.S.
                                                                                                                                                                 things, details the progress made in the
                                              January 8, 2014, SIP revision (Progress                 Environmental Protection Agency,
                                                                                                                                                                 first period toward implementation of
                                              Report) addresses requirements of the                   Region 4, 61 Forsyth Street SW.,
                                                                                                                                                                 the long term strategy outlined in the
                                              Clean Air Act (CAA or Act) and EPA’s                    Atlanta, Georgia 30303–8960. EPA
                                                                                                                                                                 State’s regional haze plan; the visibility
                                              rules that require each state to submit                 requests that if at all possible, you
                                                                                                                                                                 improvement measured at the three
                                              periodic reports describing progress                    contact the person listed in the FOR
                                                                                                                                                                 Class I areas within its borders (Cohutta
                                              towards reasonable progress goals                       FURTHER INFORMATION CONTACT section to
                                                                                                                                                                 Wilderness Area, Okefenokee
                                              (RPGs) established for regional haze and                schedule your inspection. The Regional                     Wilderness Area, and Wolf Island
                                              a determination of the adequacy of the                  Office’s official hours of business are                    Wilderness Area) and at Class I areas
sradovich on DSK3GMQ082PROD with RULES




                                              state’s existing SIP addressing regional                Monday through Friday 8:30 a.m. to
                                              haze (regional haze plan). EPA is                       4:30 p.m., excluding Federal holidays.                       1 Areas designated as mandatory Class I federal

                                              finalizing approval of Georgia’s                        FOR FURTHER INFORMATION CONTACT:                           areas consist of national parks exceeding 6000
                                              determination that the State’s regional                 Michele Notarianni, Air Regulatory                         acres, wilderness areas and national memorial parks
                                                                                                                                                                 exceeding 5000 acres, and all international parks
                                              haze plan is adequate to meet these                     Management Section, Air Planning and                       that were in existence on August 7, 1977 (42 U.S.C.
                                              RPGs for the first implementation                       Implementation Branch, Air, Pesticides                     7472(a)). These areas are listed at 40 CFR part 81,
                                              period covering through 2018 and                        and Toxics Management Division, U.S.                       subpart D.



                                         VerDate Sep<11>2014   17:39 Oct 03, 2017   Jkt 244001   PO 00000    Frm 00014    Fmt 4700   Sfmt 4700   E:\FR\FM\04OCR1.SGM      04OCR1


                                                               Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations                                                  46137

                                              outside of the State potentially impacted                   • does not contain any unfunded                    the Federal Register. A major rule
                                              by emissions from Georgia; and a                         mandate or significantly or uniquely                  cannot take effect until 60 days after it
                                              determination of the adequacy of the                     affect small governments, as described                is published in the Federal Register.
                                              State’s existing regional haze plan.                     in the Unfunded Mandates Reform Act                   This action is not a ‘‘major rule’’ as
                                                In a notice of proposed rulemaking                     of 1995 (Pub. L. 104–4);                              defined by 5 U.S.C. 804(2).
                                              (NPRM) published on August 15, 2017                         • does not have Federalism                            Under section 307(b)(1) of the CAA,
                                              (82 FR 38654), EPA proposed to approve                   implications as specified in Executive                petitions for judicial review of this
                                              Georgia’s January 8, 2014, Progress                      Order 13132 (64 FR 43255, August 10,                  action must be filed in the United States
                                              Report. The details of Georgia’s                         1999);                                                Court of Appeals for the appropriate
                                              submission and the rationale for EPA’s                      • is not an economically significant               circuit by December 4, 2017. Filing a
                                              actions are explained in the NPRM.                       regulatory action based on health or                  petition for reconsideration by the
                                              Comments on the proposed rulemaking                      safety risks subject to Executive Order               Administrator of this final rule does not
                                              were due on or before September 14,                      13045 (62 FR 19885, April 23, 1997);                  affect the finality of this action for the
                                              2017. EPA received no adverse                               • is not a significant regulatory action
                                                                                                                                                             purposes of judicial review nor does it
                                              comments on the proposed action.                         subject to Executive Order 13211 (66 FR
                                                                                                                                                             extend the time within which a petition
                                                                                                       28355, May 22, 2001);
                                              II. Final Action                                            • is not subject to requirements of                for judicial review may be filed, and
                                                                                                       Section 12(d) of the National                         shall not postpone the effectiveness of
                                                EPA is finalizing approval of                                                                                such rule or action. This action may not
                                                                                                       Technology Transfer and Advancement
                                              Georgia’s January 8, 2014, Progress                                                                            be challenged later in proceedings to
                                                                                                       Act of 1995 (15 U.S.C. 272 note) because
                                              Report as meeting the applicable                                                                               enforce its requirements. See section
                                                                                                       application of those requirements would
                                              regional haze requirements set forth in                                                                        307(b)(2).
                                                                                                       be inconsistent with the CAA; and
                                              40 CFR 51.308(g) and 51.308(h).                             • does not provide EPA with the                    List of Subjects in 40 CFR Part 52
                                              III. Statutory and Executive Order                       discretionary authority to address, as
                                              Reviews                                                  appropriate, disproportionate human                     Environmental protection, Air
                                                                                                       health or environmental effects, using                pollution control, Incorporation by
                                                Under the CAA, the Administrator is                    practicable and legally permissible                   reference, Intergovernmental relations,
                                              required to approve a SIP submission                     methods, under Executive Order 12898                  Nitrogen oxides, Particulate matter,
                                              that complies with the provisions of the                 (59 FR 7629, February 16, 1994).                      Reporting and recordkeeping
                                              Act and applicable federal regulations.                     The SIP is not approved to apply on                requirements, Sulfur dioxide, Volatile
                                              See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                  any Indian reservation land or in any                 organic compounds.
                                              Thus, in reviewing SIP submissions,                      other area where EPA or an Indian tribe                 Dated: September 21, 2017.
                                              EPA’s role is to approve state choices,                  has demonstrated that a tribe has
                                              provided that they meet the criteria of                                                                        Onis ‘‘Trey’’ Glenn, III,
                                                                                                       jurisdiction. In those areas of Indian
                                              the Act. Accordingly, this action merely                                                                       Regional Administrator, Region 4.
                                                                                                       country, the rule does not have tribal
                                              approves state law as meeting federal                    implications as specified by Executive                    40 CFR part 52 is amended as follows:
                                              requirements and does not impose                         Order 13175 (65 FR 67249, November 9,
                                              additional requirements beyond those                     2000), nor will it impose substantial                 PART 52—APPROVAL AND
                                              imposed by state law. For that reason,                   direct costs on tribal governments or                 PROMULGATION OF
                                              this action:                                             preempt tribal law.                                   IMPLEMENTATION PLANS
                                                • Is not a significant regulatory action                  The Congressional Review Act, 5
                                              subject to review by the Office of                       U.S.C. 801 et seq., as added by the Small             ■ 1. The authority citation for part 52
                                              Management and Budget under                              Business Regulatory Enforcement                       continues to read as follows:
                                              Executive Orders 12866 (58 FR 51735,                     Fairness Act of 1996, generally provides                  Authority: 42 U.S.C. 7401 et seq.
                                              October 4, 1993) and 13563 (76 FR 3821,                  that before a rule may take effect, the
                                              January 21, 2011);                                       agency promulgating the rule must                     Subpart L—Georgia
                                                • does not impose an information                       submit a rule report, which includes a
                                              collection burden under the provisions                   copy of the rule, to each House of the                ■ 2. Section 52.570(e) is amended by
                                              of the Paperwork Reduction Act (44                       Congress and to the Comptroller General               adding an entry for ‘‘January 2014
                                              U.S.C. 3501 et seq.);                                    of the United States. EPA will submit a               Regional Haze Progress Report’’ at the
                                                • is certified as not having a                         report containing this action and other               end of the table to read as follows:
                                              significant economic impact on a                         required information to the U.S. Senate,
                                              substantial number of small entities                     the U.S. House of Representatives, and                § 52.570    Identification of plan.
                                              under the Regulatory Flexibility Act (5                  the Comptroller General of the United                 *       *    *        *    *
                                              U.S.C. 601 et seq.);                                     States prior to publication of the rule in                (e) * * *
                                                                                          EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
                                                                                  Applicable               State
                                                Name of nonregulatory           geographic or         submittal date/        EPA approval date                                 Explanation
                                                   SIP provision                nonattainment          effective date
                                                                                    area
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                                                       *                       *                         *                      *                       *                      *                     *
                                              January 2014 Regional           Georgia .............          01/8/2014   10/4/17 [Insert citation of
                                                Haze Progress Report.                                                      publication].




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                                              46138            Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations

                                              [FR Doc. 2017–21246 Filed 10–3–17; 8:45 am]             II. Summary of Errors                                 finalized on page 38068 of the final rule
                                              BILLING CODE 6560–50–P                                                                                        for FY 2018.
                                                                                                      A. Summary of Errors in the Preamble
                                                                                                                                                               In addition, after publication of the
                                                                                                         On page 37990, we are making a                     FY 2018 IPPS/LTCH PPS final rule, we
                                                                                                      conforming correction, removal of the                 became aware that the logic for the ICD–
                                              DEPARTMENT OF HEALTH AND                                reference to part 488, based on the
                                              HUMAN SERVICES                                                                                                10 MS–DRG Definitions Manual Version
                                                                                                      removal of the regulations text for                   35 and the ICD–10 MS–DRG Grouper
                                              Centers for Medicare & Medicaid                         § 488.5 described in section II.B. of this            and Medicare Code Editor (MCE)
                                              Services                                                correcting document.                                  Version 35 Software erroneously
                                                                                                         On pages 38067 and 38068, we are                   designated the following ICD–10–PCS
                                                                                                      correcting technical errors in our                    procedure code as a non-O.R. procedure
                                              42 CFR Parts 405, 412, 413, 414, 416,
                                                                                                      discussion and summary of and                         rather than as an O.R. procedure as
                                              486, 488, 489, and 495
                                                                                                      response to public comment regarding                  finalized on page 38072 of the final rule
                                              [CMS–1677–CN]                                           ICD–10–PCS procedure codes                            for FY 2018: 0BCC8ZZ (Extirpation of
                                                                                                      describing procedures involving                       matter from right upper lung lobe, via
                                              RIN–0938–AS98                                           percutaneous insertion of intraluminal                natural or artificial opening
                                                                                                      or monitoring device. Specifically, we                endoscopic). Therefore, we also made
                                              Medicare Program; Hospital Inpatient                    erroneously referred to a count of 28
                                              Prospective Payment Systems for                                                                               changes to the ICD–10 MS–DRG
                                                                                                      procedure codes describing procedures
                                              Acute Care Hospitals and the Long-                                                                            Definitions Manual Version 35 and the
                                                                                                      involving the percutaneous insertion of
                                              Term Care Hospital Prospective                                                                                ICD–10 MS–DRG Grouper and MCE
                                                                                                      intraluminal and monitoring devices
                                              Payment System and Policy Changes                                                                             Version 35 Software to correctly reflect
                                                                                                      into central nervous system and other
                                              and Fiscal Year 2018 Rates; Quality                                                                           the O.R. designation for this procedure
                                                                                                      cardiovascular body parts rather than 18
                                              Reporting Requirements for Specific                                                                           code for FY 2018.
                                                                                                      procedure codes. Of the 28 codes listed
                                              Providers; Medicare and Medicaid                        in Table 6P.4b associated with the                       We recalculated the FY 2018 MS–
                                              Electronic Health Record (EHR)                          proposed rule, 10 procedure codes were                DRG relative weights (and associated
                                              Incentive Program Requirements for                      duplicative, and erroneously included                 statistics, such as average length of stay
                                              Eligible Hospitals, Critical Access                     in the table and in the total number of               (ALOS)) as a result of the corrections to
                                              Hospitals, and Eligible Professionals;                  codes referenced in the preamble. As                  the logic for the ICD–10 MS–DRG
                                              Provider-Based Status of Indian Health                  indicated in the final rule, after                    Grouper Version 35 Software discussed
                                              Service and Tribal Facilities and                       consideration of the public comments                  above. In addition, since the MS–LTC–
                                              Organizations; Costs Reporting and                      we received, we maintained the                        DRGs used under the LTCH PPS for FY
                                              Provider Requirements; Agreement                        designation of 15 procedure codes                     2018 are the same as the MS DRGs used
                                              Termination Notices; Correction                         identified by the commenters. For this                under the IPPS for FY 2018 (and as such
                                                                                                      reason, we are also correcting Table                  use the same ICD–10 MS–DRG Grouper
                                              AGENCY:  Centers for Medicare &                                                                               Version 35 Software), we also
                                              Medicaid Services (CMS), HHS.                           6P.4b associated with the final rule (as
                                                                                                      discussed in section II.E. of this                    recalculated the FY 2018 MS–LTC–DRG
                                              ACTION: Final rule; correction.                                                                               relative weights (and associated
                                                                                                      correcting document) to reflect the 3
                                                                                                      distinct procedure codes for which we                 statistics, such as geometric ALOS) for
                                              SUMMARY:   This document corrects                                                                             the same reasons.
                                              technical and typographical errors in                   finalized a change in designation,
                                                                                                      including to remove the listings of ICD–                 On page 38119, we made a technical
                                              the final rule that appeared in the                                                                           error in describing which ICD–10–PCS
                                              August 14, 2017, issue of the Federal                   10–PCS procedure codes 00H032Z
                                                                                                      (Insertion of Monitoring Device into                  procedure codes will be used to identify
                                              Register, which will amend the                                                                                cases involving ZINPLAVATM that are
                                              Medicare hospital inpatient prospective                 Brain, Percutaneous Approach) and
                                                                                                      00H632Z (Insertion of Monitoring                      eligible for new technology add-on
                                              payment systems (IPPS) for operating                                                                          payments in FY 2018. Specifically,
                                              and capital related costs of acute care                 Device into Cerebral Ventricle,
                                                                                                      Percutaneous Approach), which we                      cases involving ZINPLAVATM that are
                                              hospitals to implement changes arising                                                                        eligible for new technology add-on
                                              from our continuing experience with                     finalized to maintain as O.R. procedures
                                                                                                      for FY 2018, and are making conforming                payments will be identified by either of
                                              these systems for FY 2018.                                                                                    the ICD–10–PCS procedure codes listed
                                                                                                      changes to the corresponding count of
                                              DATES: This correction is effective                     codes listed in that table as indicated on            in the final rule (XW033A3 or
                                              October 1, 2017.                                        page 38068. Consistent with these                     XW043A3) (rather than requiring the
                                              FOR FURTHER INFORMATION CONTACT:                        corrections, we are also correcting the               combination of both ICD–10–PCS
                                              Donald Thompson, (410) 786–4487.                        description of the proposal on page                   procedure codes).
                                              SUPPLEMENTARY INFORMATION:                              38067 of the final rule. As a result of the              On pages 38132 and 38137, in our
                                                                                                      corrections to Table 6P.4b associated                 discussion of the wage indexes, we
                                              I. Background                                           with the final rule and the conforming                provided incorrect values for the FY
                                                 In FR Doc. 2017–16434 of August 14,                  corrections on pages 38067 and 38068,                 2018 national average hourly wage
                                              2017 (82 FR 37990) there were a number                  we have made conforming changes to                    (unadjusted for occupational mix) and
                                              of technical and typographical errors                   the ICD–10 MS–DRG Definitions                         the FY 2018 occupational mix adjusted
                                              that are identified and corrected by the                Manual Version 35 and ICD–10 MS–                      national average hourly wage due to
                                              Correction of Errors section of this                    DRG Grouper Software Version 35 for                   inadvertent errors related to the wage
sradovich on DSK3GMQ082PROD with RULES




                                              correcting document. The provisions in                  FY 2018 to reflect the O.R. designation               data collected from the Medicare cost
                                              this correcting document are effective as               of ICD–10–PCS procedure codes                         reports of six hospitals (CMS
                                              if they had been included in the                        00H032Z (Insertion of Monitoring                      Certification Numbers (CCNs) 240010,
                                              document that appeared in the August                    Device into Brain, Percutaneous                       420033, 420037, 420038, 420078, and
                                              14, 2017 Federal Register. Accordingly,                 Approach) and 00H632Z (Insertion of                   420102).
                                              the corrections are effective October 1,                Monitoring Device into Cerebral                          On page 38144, we made an
                                              2017.                                                   Ventricle, Percutaneous Approach), as                 inadvertent error in the mailing address


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Document Created: 2018-10-25 09:54:46
Document Modified: 2018-10-25 09:54:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective November 3, 2017.
ContactMichele Notarianni, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Notarianni can be reached by phone at (404) 562-9031 and via electronic mail at [email protected]
FR Citation82 FR 46136 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Volatile Organic Compounds

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