National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List, 49354-49355 [E8-19419]
Download as PDF
49354
Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Rules and Regulations
Eagle Refinery Co., Oklahoma City,
Oklahoma. A Notice of Intent to Delete
for this Site was published in the
Federal Register on June 13, 2008.
The closing date for comments on the
Notice of Intent to Delete was July 14,
2008. One public comment was
received. The commenter questioned
the completeness of the response action
based on information found in non-EPA
Internet Web sites. EPA believes the
deletion is appropriate, since the
response action has been implemented,
as documented in the Deletion Docket.
A responsiveness summary was
prepared and placed in the docket,
EPA–HQ–SFUND–1986–0008, Notice 3,
on https://www.regulations.gov, and in
the local repositories listed above.
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 recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: August 12, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
For reasons set out in the preamble, 40
CFR part 300 is amended as follows:
I
PART 300—[AMENDED]
1. The authority citation for part 300
continues to read as follows:
I
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 the entry under
OK for ‘‘Double Eagle Refinery Co.’’,
‘‘Oklahoma City’’.
sroberts on PROD1PC70 with RULES
I
[FR Doc. E8–19420 Filed 8–20–08; 8:45 am]
BILLING CODE 6560–50–P
VerDate Aug<31>2005
16:30 Aug 20, 2008
Jkt 214001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1989–0008, Notice 4;
FRL–8706–2]
National Oil and Hazardous Substance
Pollution Contingency Plan National
Priorities List
Environmental Protection
Agency.
ACTION: Notice of Deletion of the Fourth
Street Abandoned Refinery Superfund
Site from the National Priorities List.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) Region 6 announces the
deletion of the Fourth Street Abandoned
Refinery Superfund Site (Site) located in
Oklahoma City, Oklahoma, 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
found at Appendix B of 40 CFR part 300
which is the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and
the State of Oklahoma, through the
Oklahoma Department of Environmental
Quality, have determined that all
appropriate response actions under
CERCLA, other than operation,
maintenance, and five-year reviews,
have been completed. However, this
deletion does not preclude future
actions under Superfund.
DATES: Effective Date: This action is
effective August 21, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–HQ–SFUND–
1989–0008, Notice 4. All documents in
the docket are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
not 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 https://
www.regulations.gov or in hard copy at
the site information repositories.
Locations, contacts, phone numbers and
viewing hours are:
U.S. EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
(214) 665–8157, by appointment only
Monday through Friday 9 a.m. to 12
p.m. and 1 p.m. to 4 p.m.
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
Ralph Ellison Library, 2000 Northeast
23, Oklahoma City, OK 73111, (409)
643–5979, Monday through
Wednesday 9 a.m. to 9 p.m., Thursday
and Friday 9 a.m. to 6 p.m., Saturday
10 a.m. to 4 p.m.
Oklahoma Department of Environmental
Quality (ODEQ), 707 North Robinson,
Oklahoma City, Oklahoma 73101,
(512) 239–2920, Monday through
Friday 8 a.m. to 5 p.m.
FOR FURTHER INFORMATION CONTACT:
Bartolome Canellas (6SF–RL), Remedial
Project Manager, U.S. Environmental
Protection Agency, Region 6, U.S. EPA,
1445 Ross Avenue, Dallas, Texas 75202,
(214) 665–6662 or 1–800–533–3508 or
canellas.bart@epa.gov.
The site to
be deleted from the NPL is: Fourth
Street Abandoned Refinery, Oklahoma
City, Oklahoma. A Notice of Intent to
Delete for this Site was published in the
Federal Register on June 13, 2008.
The closing date for comments on the
Notice of Intent to Delete was July 14,
2008. One public comment was
received. The commenter questioned
the completeness of the response action
based on information found in non-EPA
Internet Web sites. EPA believes the
deletion is appropriate, since the
response action has been implemented,
as documented in the Deletion Docket.
A responsiveness summary was
prepared and placed in the docket,
EPA–HQ–SFUND–1989–0008, Notice 4,
on https://www.regulations.gov, and in
the local repositories listed above.
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.
SUPPLEMENTARY INFORMATION:
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: August 12, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
For reasons set out in the preamble, 40
CFR part 300 is amended as follows:
I
E:\FR\FM\21AUR1.SGM
21AUR1
Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Rules and Regulations
PART 300—[AMENDED]
1. The authority citation for part 300
continues to read as follows:
I
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 the entry under
OK for ‘‘Fourth Street Abandoned
Refinery’’, ‘‘Oklahoma City’’.
I
[FR Doc. E8–19419 Filed 8–20–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 405, 413, and 417
[CMS–1727–CN]
RIN 0938–AL54
Medicare Program; Provider
Reimbursement Determinations and
Appeals; Correction
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Correction of final rule.
AGENCY:
SUMMARY: This document corrects
technical errors that appeared in the
final rule with comment period
published in the Federal Register on
May 23, 2008 entitled ‘‘Provider
Reimbursement Determinations and
Appeals.’’
DATES: Effective Date: August 21, 2008.
FOR FURTHER INFORMATION CONTACT:
Morton Marcus, (410) 786–4477. Donald
Romano, (410) 786–1401.
SUPPLEMENTARY INFORMATION:
sroberts on PROD1PC70 with RULES
I. Background
In FR Doc. E8–11227 of May 23, 2008
(73 FR 30190), there were a number of
typographical and technical errors that
are identified and corrected in the
Correction of Errors section in section
III. of this notice. The provisions of this
correction notice are effective as if they
had been included in the final rule
published on May 23, 2008.
Accordingly, the corrections are
effective August 21, 2008.
II. Summary of Errors
We note that in section III. of this
notice, we correct a number of
typographical and technical errors. We
note that the following are the more
significant corrections:
On pages 30211 and 30250, we are
correcting an error relating to the usage
VerDate Aug<31>2005
16:30 Aug 20, 2008
Jkt 214001
and filing of mandatory group appeals.
We stated in the preamble and
regulations text of § 405.1835(b)(4)(i)
that a commonly-owned provider must
state in its request for Board hearing
that: ‘‘* * * sano other provider related
to it by common ownership or control
has an individual or group appeal
pending before the Board on the same
issue for a cost reporting period that
falls within the same calendar year.’’
This statement was incorrect. To
provide consistency with the
regulations text at § 405.1837(b)(1)(i),
the word ‘‘falls’’ needs to be replaced
with the word ‘‘ends.’’
On page 30243, we are correcting a
technical error in the regulations text at
§ 405.1801(b)(2). Following the
publication of the final rule, we
discovered that the regulations at
§ 405.1801(b)(2) failed to reference the
longstanding exception at § 413.200(g).
In the regulations text at
§ 405.1801(b)(2), we stated that a
nonprovider entity is not entitled to an
intermediary hearing or a Board hearing.
(We discussed this issue in the
preamble to the proposed rule
published on June 25, 2004 (69 FR
35721).) However, the current text at
§ 413.200(g) reflects that an OPO (organ
procurement organization) or
histocompatibility laboratory is entitled
to an intermediary hearing in
accordance with the intermediary
hearing procedures contained in subpart
R. While OPOs (formerly referred to as
organ procurement agencies or OPAs )
and histocompatibility laboratories are
nonprovider entities and not entitled to
a hearing under section 1878 of the Act,
they have always been an exception to
the rule with respect to intermediary
hearings and historically have received
intermediary hearings under subpart R
of the regulations. (See December 14,
1978, 43 FR 58370 through 58371,
referencing the legislative history of
Public Law 95–292 that Congress
intended to provide an intermediary
hearing for the OPOs and
histocompatibility laboratories, and S.
Rep. No. 95–714, 95th Cong. 2d Sess.,
12–13 (1978); H. Rep. No. 95–549, 95th
Cong. 1st Sess. 14 (1977)). We wanted
to assure OPOs that they will continue
to have intermediary hearing rights as
they have always had in the past.
Therefore, we are correcting
§ 405.1801(b)(2) by adding a reference to
the exception for OPOs and
histocompatibility laboratories at
§ 413.200(g) and thus clarifying that
OPO hearing rights do not derive from
section 1878 of the Act.
On page 30263, we are correcting an
error in the regulations text for
§ 405.1875(d). In the final rule, we
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
49355
inadvertently included the sentence
‘‘[T]he Administrator does not consider
any communication that does not meet
these requirements or is not submitted
with the required time limits’’ as the last
sentence of paragraph (d)(3)(ii).
However this statement is applicable to
all of the provisions of paragraph (d).
Therefore, we have removed the
sentence from paragraph (d)(3)(ii) and
after changing the word ‘‘these’’ to ‘‘the
following’’ have added the sentence to
the introductory text of paragraph (d).
We also note that the May 23, 2008
final rule referenced a First Circuit
Court of Appeals decision,
MaineGeneral Medical Center v.
Shalala, 205 F. 3d 493 (1st Cir. 2000).
In a number of instances throughout the
preamble of the final rule, we
misspelled ‘‘MaineGeneral’’ as ‘‘Maine
General.’’ We are acknowledging these
errors without specifically itemizing
each error in the Correction of Errors
section of this notice.
III. Correction of Errors
In FR Doc. E8–11227 of May 23, 2008
(73 FR 30190), make the following
corrections:
A. Correction of Errors in the Preamble
1. On page 30192, second column,
second paragraph, line 3, the phrase,
‘‘CMS Reviewing official procedure’’ is
corrected to read ‘‘CMS reviewing
official procedure.’’
2. On page 30197, third column,
a. First partial paragraph, line 4, the
phrase ‘‘are more appropriately borne by
fiscal intermediaries’’ is corrected to
read ‘‘are more appropriately borne by
intermediaries.’’
b. First full paragraph, lines 9 through
11, the phrase ‘‘In Maine General
Medical Center v. Shalala, 205 F. 3d 493
(1st Cir. 2000), the majority’’ is
corrected to read ‘‘In MaineGeneral, the
majority.’’
3. On page 30206, first column,
second paragraph, line 19, the phrase
‘‘determinations are governed’’ is
corrected to read ‘‘determinations is
governed.’’
4. On page 30208, first column, fourth
paragraph, line 17, the phrase ‘‘Rather,
we believe that intermediary officers’’ is
corrected to read ‘‘Rather, we believe
that intermediary hearing officers.’’
5. On page 30211, first column, first
partial paragraph, line 32, the phrase ‘‘a
cost reporting period that falls within’’
is corrected to read ‘‘a cost reporting
period that ends within.’’
6. On page 30214, second column,
first full paragraph, paragraph heading,
‘‘K. Expediting Judicial Review
(§ 405.1842)’’ is corrected to read ‘‘K.
E:\FR\FM\21AUR1.SGM
21AUR1
Agencies
[Federal Register Volume 73, Number 163 (Thursday, August 21, 2008)]
[Rules and Regulations]
[Pages 49354-49355]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19419]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1989-0008, Notice 4; FRL-8706-2]
National Oil and Hazardous Substance Pollution Contingency Plan
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of Deletion of the Fourth Street Abandoned Refinery
Superfund Site from the National Priorities List.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 6 announces
the deletion of the Fourth Street Abandoned Refinery Superfund Site
(Site) located in Oklahoma City, Oklahoma, 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 found at Appendix B of 40 CFR part 300
which is the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and the State of Oklahoma, through the
Oklahoma Department of Environmental Quality, have determined that all
appropriate response actions under CERCLA, other than operation,
maintenance, and five-year reviews, have been completed. However, this
deletion does not preclude future actions under Superfund.
DATES: Effective Date: This action is effective August 21, 2008.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-HQ-SFUND-1989-0008, Notice 4. All documents in
the docket are listed on the https://www.regulations.gov Web site.
Although listed in the index, some information is not 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 https://
www.regulations.gov or in hard copy at the site information
repositories. Locations, contacts, phone numbers and viewing hours are:
U.S. EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-
2733, (214) 665-8157, by appointment only Monday through Friday 9 a.m.
to 12 p.m. and 1 p.m. to 4 p.m.
Ralph Ellison Library, 2000 Northeast 23, Oklahoma City, OK 73111,
(409) 643-5979, Monday through Wednesday 9 a.m. to 9 p.m., Thursday and
Friday 9 a.m. to 6 p.m., Saturday 10 a.m. to 4 p.m.
Oklahoma Department of Environmental Quality (ODEQ), 707 North
Robinson, Oklahoma City, Oklahoma 73101, (512) 239-2920, Monday through
Friday 8 a.m. to 5 p.m.
FOR FURTHER INFORMATION CONTACT: Bartolome Canellas (6SF-RL), Remedial
Project Manager, U.S. Environmental Protection Agency, Region 6, U.S.
EPA, 1445 Ross Avenue, Dallas, Texas 75202, (214) 665-6662 or 1-800-
533-3508 or canellas.bart@epa.gov.
SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is:
Fourth Street Abandoned Refinery, Oklahoma City, Oklahoma. A Notice of
Intent to Delete for this Site was published in the Federal Register on
June 13, 2008.
The closing date for comments on the Notice of Intent to Delete was
July 14, 2008. One public comment was received. The commenter
questioned the completeness of the response action based on information
found in non-EPA Internet Web sites. EPA believes the deletion is
appropriate, since the response action has been implemented, as
documented in the Deletion Docket. A responsiveness summary was
prepared and placed in the docket, EPA-HQ-SFUND-1989-0008, Notice 4, on
https://www.regulations.gov, and in the local repositories listed above.
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 recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: August 12, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
0
For reasons set out in the preamble, 40 CFR part 300 is amended as
follows:
[[Page 49355]]
PART 300--[AMENDED]
0
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.
0
2. Table 1 of Appendix B to part 300 is amended by removing the entry
under OK for ``Fourth Street Abandoned Refinery'', ``Oklahoma City''.
[FR Doc. E8-19419 Filed 8-20-08; 8:45 am]
BILLING CODE 6560-50-P