83 FR 42036 - District of Columbia: Final Authorization of District Hazardous Waste Management Program Revisions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 161 (August 20, 2018)
Federal Register Volume 83, Issue 161 (August 20, 2018)
| Page Range | 42036-42037 | |
| FR Document | 2018-17921 |
[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)] [Rules and Regulations] [Pages 42036-42037] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17921] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA-R03-RCRA-2017-0553; FRL-9982-19--Region 3] District of Columbia: Final Authorization of District Hazardous Waste Management Program Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Final authorization. ----------------------------------------------------------------------- SUMMARY: The EPA is granting the District of Columbia (the District) final authorization for revisions to its hazardous waste management program under the Resource Conservation and Recovery Act (RCRA). The Agency published a proposed rule on June 11, 2018 and provided for public comment. No comments relevant to the proposed revisions were received. No further opportunity for comment will be provided. DATES: This final authorization is effective on August 20, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R03-RCRA-2017-0553. All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some of the information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy. You may view and copy the District's application from 9:00 a.m. to 5:00 p.m., Monday through Friday at the following locations: District of Columbia Department of Energy and Environment, Environmental Services Administration, Hazardous Waste Branch, 1200 First Street NE, 5th Floor, Washington, DC, Phone number: (202) 654-6031, Attn: Barbara Williams; and EPA Region III, Library, 2nd Floor, 1650 Arch Street, Philadelphia, PA 19103-2029, Phone number: (215) 814-5254. FOR FURTHER INFORMATION CONTACT: Sara Kinslow, U.S. EPA Region III, RCRA Waste Branch, Mailcode 3LC32, 1650 Arch Street, Philadelphia, PA 19103-2029, phone number: (215) 814-5577, email: [email protected]. SUPPLEMENTARY INFORMATION: A. What revisions is EPA authorizing with this action? On August 15, 2012, the District submitted a final complete program revision application (with subsequent corrections) seeking authorization of revisions to its hazardous waste management program in accordance with 40 CFR 271.21. EPA now makes a final decision that the District's hazardous waste management program revisions are equivalent to, consistent with, and no less stringent than the Federal program, and therefore satisfy all of the requirements necessary to qualify for final authorization. For a list of District rules that are being authorized with this final authorization please see the proposed rule published in the June 11, 2018 Federal Register at 83 FR 26917. B. What is codification and is EPA codifying the District of Columbia's hazardous waste program as authorized in this authorization? Codification is the process of placing a state's statutes and regulations that comprise that state's authorized hazardous waste program into the Code of Federal Regulations. EPA does this by referencing the authorized state rules in 40 CFR part 272. EPA is not codifying the authorization of the District's revisions at this time. However, EPA reserves the amendment of 40 CFR part 272, subpart J, for codification of this authorization of the District's hazardous waste management program until a later date. C. Statutory and Executive Order Reviews This final authorization revises the District's authorized hazardous waste management program pursuant to section 3006 of RCRA and imposes no requirements other than those currently imposed by District law. For further information on how this authorization complies with applicable executive orders and statutory provisions, please see the proposed rule published in the June 11, 2018 Federal Register at 83 FR 26917. [[Page 42037]] List of Subjects in 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous materials transportation, Hazardous waste, Indians--lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. Authority: This action is issued under the authority of sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b). Dated: July 31, 2018. Cosmo Servidio, Regional Administrator, U.S. EPA Region III. [FR Doc. 2018-17921 Filed 8-17-18; 8:45 am] BILLING CODE 6560-50-P
![42036 Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations
PART 81—DESIGNATION OF AREAS Authority: 42.U.S.C. 7401 et seq. entries for ‘‘Bullitt County (part)’’ and
FOR AIR QUALITY PLANNING ■ 2. In § 81.318, the table entitled ‘‘Jefferson County’’ to read as follows:
PURPOSES ‘‘Kentucky-2012 Annual PM2.5 NAAQS’’ § 81.318 Kentucky.
■ 1. The authority citation for part 81 is amended under the heading
* * * * *
continues to read as follows: ‘‘Louisville, KY-IN:’’ by revising the
KENTUCKY—2012 ANNUAL PM2.5 NAAQS
[Primary]
Designation Classification
Designated area 1
Date 2 Type Date 2 Type
Louisville, KY-IN:
Bullitt County (part) .............................................. August 20, 2018 ............... Unclassifiable/Attainment.
2010 Census tracts: 201.01, 201.02,
201.03, 202.01, 202.02, 203, 204, 205,
206.01, 206.02, 207.01, 207.02, 208,
211.01 and 211.02.
Jefferson County .................................................. August 20, 2018 ............... Unclassifiable/Attainment.
* * * * * * *
1 Includes areas of Indian country located in each county or area, except as otherwise specified.
2 This date is April 15, 2015, unless otherwise noted.
* * * * * Information or other information whose all of the requirements necessary to
[FR Doc. 2018–17935 Filed 8–17–18; 8:45 am] disclosure is restricted by statute. qualify for final authorization. For a list
BILLING CODE 6560–50–P Certain other material, such as of District rules that are being
copyrighted material, will be publicly authorized with this final authorization
available only in hard copy. Publicly please see the proposed rule published
ENVIRONMENTAL PROTECTION available docket materials are available in the June 11, 2018 Federal Register at
AGENCY either electronically through 83 FR 26917.
www.regulations.gov or in hard copy.
40 CFR Part 271 You may view and copy the District’s B. What is codification and is EPA
[EPA–R03–RCRA–2017–0553; FRL–9982– application from 9:00 a.m. to 5:00 p.m., codifying the District of Columbia’s
19—Region 3] Monday through Friday at the following hazardous waste program as
locations: District of Columbia authorized in this authorization?
District of Columbia: Final Department of Energy and Environment,
Authorization of District Hazardous Environmental Services Administration, Codification is the process of placing
Waste Management Program Hazardous Waste Branch, 1200 First a state’s statutes and regulations that
Revisions Street NE, 5th Floor, Washington, DC, comprise that state’s authorized
Phone number: (202) 654–6031, Attn: hazardous waste program into the Code
AGENCY: Environmental Protection
Barbara Williams; and EPA Region III, of Federal Regulations. EPA does this by
Agency (EPA).
Library, 2nd Floor, 1650 Arch Street, referencing the authorized state rules in
ACTION: Final authorization. Philadelphia, PA 19103–2029, Phone 40 CFR part 272. EPA is not codifying
number: (215) 814–5254. the authorization of the District’s
SUMMARY: The EPA is granting the
District of Columbia (the District) final FOR FURTHER INFORMATION CONTACT: Sara revisions at this time. However, EPA
authorization for revisions to its Kinslow, U.S. EPA Region III, RCRA reserves the amendment of 40 CFR part
hazardous waste management program Waste Branch, Mailcode 3LC32, 1650 272, subpart J, for codification of this
under the Resource Conservation and Arch Street, Philadelphia, PA 19103– authorization of the District’s hazardous
Recovery Act (RCRA). The Agency 2029, phone number: (215) 814–5577, waste management program until a later
published a proposed rule on June 11, email: kinslow.sara@epa.gov. date.
2018 and provided for public comment. SUPPLEMENTARY INFORMATION:
C. Statutory and Executive Order
No comments relevant to the proposed A. What revisions is EPA authorizing Reviews
revisions were received. No further with this action?
opportunity for comment will be This final authorization revises the
provided. On August 15, 2012, the District
submitted a final complete program District’s authorized hazardous waste
DATES: This final authorization is revision application (with subsequent management program pursuant to
effective on August 20, 2018. corrections) seeking authorization of section 3006 of RCRA and imposes no
ADDRESSES: EPA has established a revisions to its hazardous waste requirements other than those currently
docket for this action under Docket ID management program in accordance imposed by District law. For further
daltland on DSKBBV9HB2PROD with RULES
No. EPA–R03–RCRA–2017–0553. All with 40 CFR 271.21. EPA now makes a information on how this authorization
documents in the docket are listed in final decision that the District’s complies with applicable executive
the www.regulations.gov index. hazardous waste management program orders and statutory provisions, please
Although listed in the index, some of revisions are equivalent to, consistent see the proposed rule published in the
the information is not publicly with, and no less stringent than the June 11, 2018 Federal Register at 83 FR
available, e.g., Confidential Business Federal program, and therefore satisfy 26917.
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![Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations 42037
List of Subjects in 40 CFR Part 271 FOR FURTHER INFORMATION CONTACT: Jung defined by county, the moratoria did not
Environmental protection, Kim, (410) 786–9370. News media prohibit existing providers and
Administrative practice and procedure, representatives must contact CMS’ suppliers from opening a branch
Confidential business information, Public Affairs Office at (202) 690–6145 location in, or moving a currently-
Hazardous materials transportation, or email them at press@cms.hhs.gov. enrolled business into, a moratoria area.
SUPPLEMENTARY INFORMATION: Moreover, CMS was unable to prevent
Hazardous waste, Indians—lands,
existing providers and suppliers
Intergovernmental relations, Penalties, I. Background enrolled outside of a moratoria area
Reporting and recordkeeping
The Social Security Act (the Act) from servicing beneficiaries within the
requirements.
provides CMS with tools and resources moratoria area. In fact, CMS discovered
Authority: This action is issued under the to combat fraud, waste, and abuse in providers and suppliers who were
authority of sections 2002(a), 3006 and Medicare, Medicaid, and the Children’s located several hundred miles outside of
7004(b) of the Solid Waste Disposal Act, as Health Insurance Program (CHIP), a moratorium area that were billing for
amended, 42 U.S.C. 6912(a), 6926, and
including the authority to place a services furnished to beneficiaries
6974(b).
temporary moratorium on provider located within the moratorium area.
Dated: July 31, 2018. enrollment in these programs, As noted previously, on July 29, 2016,
Cosmo Servidio, 402(a)(1)(J) of the Social Security CMS implemented statewide moratoria
Regional Administrator, U.S. EPA Region III. Amendments of 1967 (42 U.S.C. 1395b– on newly enrolling HHAs in Medicare,
[FR Doc. 2018–17921 Filed 8–17–18; 8:45 am] 1(a)(1)(J)). CMS uses quantitative and Medicaid, and CHIP, and non-
BILLING CODE 6560–50–P qualitative data to determine whether emergency ground ambulance suppliers
there is a need for a moratorium, such in Medicare Part B, Medicaid, and CHIP
as reviewing whether the area under in order to mitigate the vulnerabilities
consideration for a moratorium has identified and described previously
DEPARTMENT OF HEALTH AND regarding the prior county-based
significantly higher than average billing
HUMAN SERVICES moratoria. Concurrently, CMS
per beneficiary or provider per
Centers for Medicare & Medicaid beneficiary ratios. CMS first used its implemented this Demonstration in
Services moratoria authority on July 30, 2013, to order to improve methods for the
prevent enrollment of new Home Health investigation and prosecution of fraud,
42 CFR Parts 405, 424, 455, and 498 Agencies (HHAs) in the Chicago, Illinois and to ensure that program integrity
and Miami, Florida areas, as well as Part enforcement actions did not impact
[CMS–6073–N2] B ground ambulance suppliers in the beneficiary access to care; in particular,
Houston, Texas area (see the July 31, all of the states impacted by the
Medicare, Medicaid, and Children’s 2013 Federal Register (78 FR 46339)). expanded statewide moratoria have
Health Insurance Programs: These moratoria also applied to rural areas that could be impacted by
Announcement of Revisions to the Medicaid and CHIP. CMS exercised this the statewide expansion. By
Provider Enrollment Moratoria Access authority again on January 30, 2014, to implementing this Demonstration, CMS
Waiver Demonstration for Part B Non- extend the existing moratoria for 6 created a process that allows for need-
Emergency Ground Ambulance months and expand them to include based waivers to the moratoria in areas
Suppliers and Home Health Agencies HHAs in Fort Lauderdale, Florida; with access to care issues. Recently,
in Moratoria-Designated Geographic Detroit, Michigan; Houston, Texas; and CMS re-evaluated the continued need
Locations Dallas, Texas; as well as Medicaid, CHIP for statewide moratoria on the
and Medicare Part B ground ambulance enrollment of new Part B, Medicaid, and
AGENCY: Centers for Medicare & CHIP non-emergency ground ambulance
suppliers in Philadelphia, Pennsylvania
Medicaid Services (CMS), HHS. suppliers in New Jersey and
and nearby New Jersey counties (see the
ACTION: Revisions of the waiver February 4, 2014 Federal Register (79 Pennsylvania, and HHAs in Florida,
demonstration. FR 6475)). Since the moratoria were Illinois, Michigan, and Texas, and
expanded, they remained in place and determined that the conditions that
SUMMARY: This document announces
were extended in 6-month intervals. On caused CMS to implement the moratoria
revisions to the Provider Enrollment have not abated. As a result, on July 29,
July 29, 2016, CMS extended the
Moratoria Access Waiver Demonstration 2018 (see the August 2, 2018 Federal
existing moratoria for 6 months and
(PEWD) for Part B Non-Emergency Register (83 FR 37747), we extended the
expanded them to statewide in the
Ground Ambulance Suppliers and statewide moratoria on Part B,
impacted states (see the August 3, 2016
Home Health Agencies. The Medicaid, and CHIP non-emergency
Federal Register (81 FR 51120)). The
demonstration was implemented in ground ambulance suppliers and HHAs
statewide moratoria have since been
accordance with section 402(a)(1)(J) of in the impacted states.
extended at 6-month intervals and to
the Social Security Amendments of
date, largely remain in place in all of the A. Operational Challenges
1967 and, as revised, gives CMS the
previously-mentioned locations.1
authority to grant waivers to the Since expanding statewide, a new
Since initial implementation of the
statewide enrollment moratoria on a statutory provision affecting the
moratoria, CMS has monitored the
case-by-case basis in response to access moratoria areas has taken effect. In
program and identified several
to care issues and previously denied December 2016, Congress enacted the
operational challenges. Because the
enrollment applications because of 21st Century Cures Act (Cures Act).
moratoria were initially geographically
statewide moratoria implementation, Section 17004 of the Cures Act provides
daltland on DSKBBV9HB2PROD with RULES
and to subject providers and suppliers 1 Effective July 29, 2016, CMS lifted the moratoria authority to address issues of
enrolling via such waivers to heightened on Part B emergency ground ambulance suppliers circumvention of the prior county-based
screening, oversight, and investigations. in all locations. (81 FR 51120) In addition, effective moratoria by prohibiting payment for
September 1, 2017, CMS lifted the moratoria on Part
DATES: The revisions to the waiver
B non-emergency ground ambulance suppliers in
items or services furnished within
demonstration are effective August 20, Texas. (82 FR 51274) These actions also applied to moratoria areas by any newly enrolled
2018. Medicaid and CHIP. provider or supplier that is of a provider
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Document Created: 2018-08-18 01:28:13
Document Modified: 2018-08-18 01:28:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final authorization. | |
| Dates | This final authorization is effective on August 20, 2018. | |
| Contact | Sara Kinslow, U.S. EPA Region III, RCRA Waste Branch, Mailcode 3LC32, 1650 Arch Street, Philadelphia, PA 19103-2029, phone number: (215) 814-5577, email: [email protected] | |
| FR Citation | 83 FR 42036 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Confidential Business Information; Hazardous Materials Transportation; Hazardous Waste; Indians-Lands; Intergovernmental Relations; Penalties and Reporting and Recordkeeping Requirements |
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