Adequacy Status of the Submitted 2009 PM2.5, 69883-69884 [2010-28658]

Download as PDF Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Rules and Regulations Dated: November 9, 2010. Robert C. McFetridge, Director of Regulation Policy and Management, Office of the General Counsel. For the reasons stated in the preamble, the Department of Veterans Affairs amends 38 CFR part 17 as follows: ■ PART 17—MEDICAL 1. Revise the authority citation for part 17 to read as follows: ■ Authority: 38 U.S.C. 501, and as noted in specific sections. ■ 2. Revise § 17.106 to read as follows: jlentini on DSKJ8SOYB1PROD with RULES § 17.106 VA response to disruptive behavior of patients. (a) Definition. For the purposes of this section: VA medical facility means VA medical centers, outpatient clinics, and domiciliaries. (b) Response to disruptive patients. The time, place, and/or manner of the provision of a patient’s medical care may be restricted by written order of the Chief of Staff of the VA Medical Center of jurisdiction or his or her designee if: (1) The Chief of Staff or designee determines pursuant to paragraph (c) of this section that the patient’s behavior at a VA medical facility has jeopardized or could jeopardize the health or safety of other patients, VA staff, or guests at the facility, or otherwise interfere with the delivery of safe medical care to another patient at the facility; (2) The order is narrowly tailored to address the patient’s disruptive behavior and avoid undue interference with the patient’s care; (3) The order is signed by the Chief of Staff or designee, and a copy is entered into the patient’s permanent medical record; (4) The patient receives a copy of the order and written notice of the procedure for appealing the order to the Network Director of jurisdiction as soon as possible after issuance; and (5) The order contains an effective date and any appropriate limits on the duration of or conditions for continuing the restrictions. The Chief of Staff or designee may order restrictions for a definite period or until the conditions for removing conditions specified in the order are satisfied. Unless otherwise stated, the restrictions imposed by an order will take effect upon issuance by the Chief of Staff or designee. Any order issued by the Chief of Staff or designee shall include a summary of the pertinent facts and the bases for the Chief of Staff’s or designee’s determination regarding the need for restrictions. VerDate Mar<15>2010 16:46 Nov 15, 2010 Jkt 223001 (c) Evaluation of disruptive behavior. In making determinations under paragraph (b) of this section, the Chief of Staff or designee must consider all pertinent facts, including any prior counseling of the patient regarding his or her disruptive behavior or any pattern of such behavior, and whether the disruptive behavior is a result of the patient’s individual fears, preferences, or perceived needs. A patient’s disruptive behavior must be assessed in connection with VA’s duty to provide good quality care, including care designed to reduce or otherwise clinically address the patient’s behavior. (d) Restrictions. The restrictions on care imposed under this section may include but are not limited to: (1) Specifying the hours in which nonemergent outpatient care will be provided; (2) Arranging for medical and any other services to be provided in a particular patient care area (e.g., private exam room near an exit); (3) Arranging for medical and any other services to be provided at a specific site of care; (4) Specifying the health care provider, and related personnel, who will be involved with the patient’s care; (5) Requiring police escort; or (6) Authorizing VA providers to terminate an encounter immediately if certain behaviors occur. (e) Review of restrictions. The patient may request the Network Director’s review of any order issued under this section within 30 days of the effective date of the order by submitting a written request to the Chief of Staff. The Chief of Staff shall forward the order and the patient’s request to the Network Director for a final decision. The Network Director shall issue a final decision on this matter within 30 days. VA will enforce the order while it is under review by the Network Director. The Chief of Staff will provide the patient who made the request written notice of the Network Director’s final decision. Note to § 17.106: Although VA may restrict the time, place, and/or manner of care under this section, VA will continue to offer the full range of needed medical care to which a patient is eligible under title 38 of the United States Code or Code of Federal Regulations. Patients have the right to accept or refuse treatments or procedures, and such refusal by a patient is not a basis for restricting the provision of care under this section. (Authority: 38 U.S.C. 501, 901, 1721) [FR Doc. 2010–28711 Filed 11–15–10; 8:45 am] BILLING CODE 8320–01–P PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 69883 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [Docket No. EPA–R02–OAR–2010–0872; FRL–9225–8] Adequacy Status of the Submitted 2009 PM2.5 Motor Vehicle Emission Budgets for Transportation Conformity Purposes for the New York Portions of New York-Northern New Jersey-Long Island, NY-NJ-CT PM2.5 Nonattainment Area; New York Environmental Protection Agency (EPA). ACTION: Finding of adequacy. AGENCY: In this document, EPA is notifying the public that it has found the motor vehicle emissions budgets for PM2.5 and NOX in the submitted attainment demonstration state implementation plans for the New York portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT PM2.5 nonattainment area to be adequate for transportation conformity purposes. The transportation conformity rule requires that the EPA conduct a public process and make an affirmative decision on the adequacy of budgets before they can be used by metropolitan planning organizations in conformity determinations. As a result of our finding, the New York Metropolitan Transportation Council (excluding Putnam County) and the Orange County Transportation Council must use the new 2009 PM2.5 budgets for future transportation conformity determinations. SUMMARY: This finding is effective December 1, 2010. DATES: FOR FURTHER INFORMATION CONTACT: Melanie Zeman, Air Programs Branch, Environmental Protection Agency— Region 2, 290 Broadway, 25th Floor, New York, New York 10007–1866, (212) 637–4022, zeman.melanie@epa.gov. The finding and the response to comments will be available at EPA’s conformity Web site: https:// www.epa.gov/otaq/stateresources/ transconf/adequacy.htm. SUPPLEMENTARY INFORMATION: Background On October 27, 2009, the State of New York submitted an attainment demonstration state implementation plan to EPA for the New York portion of the New York-Northern New JerseyLong Island, NY-NJ-CT PM2.5 nonattainment area. The purpose of New York State’s submittal was to demonstrate the State’s progress toward E:\FR\FM\16NOR1.SGM 16NOR1 jlentini on DSKJ8SOYB1PROD with RULES 69884 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Rules and Regulations attaining the 1997 PM2.5 National Ambient Air Quality Standard (62 FR 38652, July 18, 1997). New York State’s submittal included motor vehicle emissions budgets (‘‘budgets’’) for 2009 for use by the State’s metropolitan planning organizations in making transportation conformity determinations. On January 19, 2010, EPA posted the availability of the budgets on our Web site for the purpose of soliciting public comments. The comment period closed on February 18, 2010, and we received no comments. Today’s notice is simply an announcement of a finding that we have already made. EPA Region 2 sent a letter to New York State on October 15, 2010, stating that the 2009 motor vehicle emissions budgets in New York’s SIP for the New York portion of the New YorkNorthern New Jersey-Long Island, NY– NJ–CT PM2.5 nonattainment area are adequate because they are consistent with the required attainment demonstration. Transportation conformity is required by section 176(c) of the Clean Air Act. EPA’s conformity rule requires that transportation plans, programs, and projects conform to SIPs and establishes the criteria and procedures for determining whether or not they conform. Conformity to a SIP means that transportation activities will not produce new air quality violations, worsen existing violations, or delay timely attainment of the National Ambient Air Quality Standards. The criteria by which we determine whether a SIP’s motor vehicle emission budgets are adequate for conformity purposes are outlined in 40 CFR 93.118(e)(4). Please note that an adequacy review is separate from EPA’s completeness review, and it also should not be used to prejudge EPA’s ultimate approval of the SIP. Even if we find a budget adequate, the SIP could later be disapproved. We have described our process for determining the adequacy of submitted SIP budgets in 40 CFR 93.118(f). We have followed this rule in making our adequacy determination. The motor vehicle emissions budgets being found adequate today are listed in Table 1. EPA’s finding will also be announced on EPA’s conformity Web site: https:// www.epa.gov/otaq/stateresources/ transconf/adequacy.htm. VerDate Mar<15>2010 16:46 Nov 15, 2010 Jkt 223001 DATES: This direct final rule is effective TABLE 1—2009 ATTAINMENT PM2.5 MOTOR VEHICLE EMISSIONS BUDG- on January 18, 2011 without further notice, unless EPA receives relevant ETS FOR NEW YORK adverse comment by December 16, 2010. If EPA receives such comment, EPA will publish a timely withdrawal in Metropolitan Planning NOX PM2.5 the Federal Register informing the Organization public that this rule will not take effect. NYMTC (excluding PutADDRESSES: Submit your comments, nam County) and OCTC 1,750 77,571 identified by Docket ID No. EPA–R06– OAR–2005–TX–0012, by one of the List of Subjects in 40 CFR Part 52 following methods: Environmental protection, Air • www.regulations.gov: Follow the pollution control, Incorporation by on-line instructions for submitting reference, Intergovernmental relations, comments. Nitrogen dioxide, Particulate matter, • E-mail: Mr. Jeff Robinson at Reporting and record keeping robinson.jeffrey@epa.gov. Please also cc requirements. the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below. Authority: 42 U.S.C. 7401–7671q. • U.S. EPA Region 6 ‘‘Contact Us’’ Dated: October 29, 2010. Web site: https://epa.gov/region6/ Judith A. Enck, r6coment.htm. Please click on ‘‘6PD’’ Regional Administrator, Region 2. (Multimedia) and select ‘‘Air’’ before [FR Doc. 2010–28658 Filed 11–15–10; 8:45 am] submitting comments. BILLING CODE 6560–50–P • Fax: Mr. Jeff Robinson, Chief, Air Permits Section (6PD–R), at fax number 214–665–6762. ENVIRONMENTAL PROTECTION • Mail: Mr. Jeff Robinson, Chief, Air AGENCY Permits Section (6PD–R), Environmental Protection Agency, 1445 Ross Avenue, 40 CFR Part 52 Suite 1200, Dallas, Texas 75202–2733. [EPA–R06–OAR–2005–TX–0012; FRL–9226– • Hand or Courier Delivery: Mr. Jeff 2] Robinson, Chief, Air Permits Section (6PD–R), Environmental Protection Approval and Promulgation of Agency, 1445 Ross Avenue, Suite 1200, Implementation Plans; Texas; Dallas, Texas 75202–2733. Such Emissions Banking and Trading of deliveries are accepted only between the Allowances Program hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal holidays. AGENCY: Environmental Protection Special arrangements should be made Agency (EPA). for deliveries of boxed information. ACTION: Direct final rule. Instructions: Direct your comments to SUMMARY: EPA is taking a direct final Docket ID No. EPA–R06–OAR–2005– action to approve portions of four TX–0012. EPA’s policy is that all revisions to the Texas State comments received will be included in Implementation Plan (SIP) that create the public docket without change and and amend the Emissions Banking and may be made available online at Trading of Allowances (EBTA) Program. https://www.regulations.gov, including The EBTA Program establishes a cap any personal information provided, and trade program to reduce emissions unless the comment includes of oxides of nitrogen (NOX) and sulfur information claimed to be Confidential dioxide (SO2) from participating electric Business Information (CBI) or other generating facilities. The Texas information the disclosure of which is Commission on Environmental Quality restricted by statute. Do not submit (TCEQ) originally submitted the EBTA information through https://www. program to EPA as a SIP revision on regulations.gov or e-mail, if you believe January 3, 2000. Since that time, the that it is CBI or otherwise protected TCEQ has submitted SIP revisions for from disclosure. The https://www. the EBTA Program on September 11, regulations.gov website is an 2000; July 15, 2002; and October 24, ‘‘anonymous access’’ system, which 2006. EPA has determined that these means that EPA will not know your changes to the Texas SIP comply with identity or contact information unless the Federal Clean Air Act (the Act or you provide it in the body of your CAA) and EPA regulations, are comment. If you send an e-mail consistent with EPA policies, and will comment directly to EPA without going improve air quality. This action is being through https://www.regulations.gov, taken under section 110 and parts C and your e-mail address will be D of the Act. automatically captured and included as PO 00000 [Tons per year] Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\16NOR1.SGM 16NOR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Rules and Regulations]
[Pages 69883-69884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28658]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2010-0872; FRL-9225-8]


Adequacy Status of the Submitted 2009 PM2.5 Motor 
Vehicle Emission Budgets for Transportation Conformity Purposes for the 
New York Portions of New York-Northern New Jersey-Long Island, NY-NJ-CT 
PM2.5 Nonattainment Area; New York

AGENCY: Environmental Protection Agency (EPA).

ACTION: Finding of adequacy.

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

SUMMARY: In this document, EPA is notifying the public that it has 
found the motor vehicle emissions budgets for PM2.5 and 
NOX in the submitted attainment demonstration state 
implementation plans for the New York portion of the New York-Northern 
New Jersey-Long Island, NY-NJ-CT PM2.5 nonattainment area to 
be adequate for transportation conformity purposes. The transportation 
conformity rule requires that the EPA conduct a public process and make 
an affirmative decision on the adequacy of budgets before they can be 
used by metropolitan planning organizations in conformity 
determinations. As a result of our finding, the New York Metropolitan 
Transportation Council (excluding Putnam County) and the Orange County 
Transportation Council must use the new 2009 PM2.5 budgets 
for future transportation conformity determinations.

DATES: This finding is effective December 1, 2010.

FOR FURTHER INFORMATION CONTACT: Melanie Zeman, Air Programs Branch, 
Environmental Protection Agency--Region 2, 290 Broadway, 25th Floor, 
New York, New York 10007-1866, (212) 637-4022, zeman.melanie@epa.gov.
    The finding and the response to comments will be available at EPA's 
conformity Web site: https://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.

SUPPLEMENTARY INFORMATION:

Background

    On October 27, 2009, the State of New York submitted an attainment 
demonstration state implementation plan to EPA for the New York portion 
of the New York-Northern New Jersey-Long Island, NY-NJ-CT 
PM2.5 nonattainment area. The purpose of New York State's 
submittal was to demonstrate the State's progress toward

[[Page 69884]]

attaining the 1997 PM2.5 National Ambient Air Quality 
Standard (62 FR 38652, July 18, 1997). New York State's submittal 
included motor vehicle emissions budgets (``budgets'') for 2009 for use 
by the State's metropolitan planning organizations in making 
transportation conformity determinations. On January 19, 2010, EPA 
posted the availability of the budgets on our Web site for the purpose 
of soliciting public comments. The comment period closed on February 
18, 2010, and we received no comments.
    Today's notice is simply an announcement of a finding that we have 
already made. EPA Region 2 sent a letter to New York State on October 
15, 2010, stating that the 2009 motor vehicle emissions budgets in New 
York's SIP for the New York portion of the New York-Northern New 
Jersey-Long Island, NY-NJ-CT PM2.5 nonattainment area are 
adequate because they are consistent with the required attainment 
demonstration.
    Transportation conformity is required by section 176(c) of the 
Clean Air Act. EPA's conformity rule requires that transportation 
plans, programs, and projects conform to SIPs and establishes the 
criteria and procedures for determining whether or not they conform. 
Conformity to a SIP means that transportation activities will not 
produce new air quality violations, worsen existing violations, or 
delay timely attainment of the National Ambient Air Quality Standards.
    The criteria by which we determine whether a SIP's motor vehicle 
emission budgets are adequate for conformity purposes are outlined in 
40 CFR 93.118(e)(4). Please note that an adequacy review is separate 
from EPA's completeness review, and it also should not be used to 
prejudge EPA's ultimate approval of the SIP. Even if we find a budget 
adequate, the SIP could later be disapproved.
    We have described our process for determining the adequacy of 
submitted SIP budgets in 40 CFR 93.118(f). We have followed this rule 
in making our adequacy determination. The motor vehicle emissions 
budgets being found adequate today are listed in Table 1. EPA's finding 
will also be announced on EPA's conformity Web site: https://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.

 Table 1--2009 Attainment PM2.5 Motor Vehicle Emissions Budgets for New
                                  York
                             [Tons per year]
------------------------------------------------------------------------
          Metropolitan Planning Organization             PM2.5     NOX
------------------------------------------------------------------------
NYMTC (excluding Putnam County) and OCTC..............    1,750   77,571
------------------------------------------------------------------------

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and record keeping requirements.

    Authority:  42 U.S.C. 7401-7671q.

    Dated: October 29, 2010.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2010-28658 Filed 11-15-10; 8:45 am]
BILLING CODE 6560-50-P

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