District of Columbia: Final Authorization of District Hazardous Waste Management Program Revisions, 42036-42037 [2018-17921]

Download as PDF 42036 Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations Authority: 42.U.S.C. 7401 et seq. PART 81—DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 2. In § 81.318, the table entitled ‘‘Kentucky-2012 Annual PM2.5 NAAQS’’ is amended under the heading ‘‘Louisville, KY-IN:’’ by revising the ■ 1. The authority citation for part 81 continues to read as follows: ■ entries for ‘‘Bullitt County (part)’’ and ‘‘Jefferson County’’ to read as follows: § 81.318 * Kentucky. * * * * KENTUCKY—2012 ANNUAL PM2.5 NAAQS [Primary] Designation Classification Designated area 1 Date 2 Louisville, KY-IN: Bullitt County (part) .............................................. 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 .................................................. * * Type August 20, 2018 ............... Unclassifiable/Attainment. August 20, 2018 ............... Unclassifiable/Attainment. * * Date 2 * * Type * 1 Includes 2 This * areas of Indian country located in each county or area, except as otherwise specified. date is April 15, 2015, unless otherwise noted. * * * * [FR Doc. 2018–17935 Filed 8–17–18; 8:45 am] BILLING CODE 6560–50–P 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 Environmental Protection Agency (EPA). ACTION: Final authorization. AGENCY: 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. SUMMARY: 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 daltland on DSKBBV9HB2PROD with RULES DATES: VerDate Sep<11>2014 17:41 Aug 17, 2018 Jkt 244001 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: kinslow.sara@epa.gov. 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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. E:\FR\FM\20AUR1.SGM 20AUR1 Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations 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 DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Parts 405, 424, 455, and 498 [CMS–6073–N2] Medicare, Medicaid, and Children’s Health Insurance Programs: Announcement of Revisions to the Provider Enrollment Moratoria Access Waiver Demonstration for Part B NonEmergency Ground Ambulance Suppliers and Home Health Agencies in Moratoria-Designated Geographic Locations Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Revisions of the waiver demonstration. AGENCY: This document announces revisions to the Provider Enrollment Moratoria Access Waiver Demonstration (PEWD) for Part B Non-Emergency Ground Ambulance Suppliers and Home Health Agencies. The demonstration was implemented in accordance with section 402(a)(1)(J) of the Social Security Amendments of 1967 and, as revised, gives CMS the authority to grant waivers to the statewide enrollment moratoria on a case-by-case basis in response to access to care issues and previously denied enrollment applications because of statewide moratoria implementation, and to subject providers and suppliers enrolling via such waivers to heightened screening, oversight, and investigations. DATES: The revisions to the waiver demonstration are effective August 20, 2018. daltland on DSKBBV9HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 17:41 Aug 17, 2018 Jkt 244001 Jung Kim, (410) 786–9370. News media representatives must contact CMS’ Public Affairs Office at (202) 690–6145 or email them at press@cms.hhs.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Background The Social Security Act (the Act) provides CMS with tools and resources to combat fraud, waste, and abuse in Medicare, Medicaid, and the Children’s Health Insurance Program (CHIP), including the authority to place a temporary moratorium on provider enrollment in these programs, 402(a)(1)(J) of the Social Security Amendments of 1967 (42 U.S.C. 1395b– 1(a)(1)(J)). CMS uses quantitative and qualitative data to determine whether there is a need for a moratorium, such as reviewing whether the area under consideration for a moratorium has significantly higher than average billing per beneficiary or provider per beneficiary ratios. CMS first used its moratoria authority on July 30, 2013, to prevent enrollment of new Home Health Agencies (HHAs) in the Chicago, Illinois and Miami, Florida areas, as well as Part B ground ambulance suppliers in the Houston, Texas area (see the July 31, 2013 Federal Register (78 FR 46339)). These moratoria also applied to Medicaid and CHIP. CMS exercised this authority again on January 30, 2014, to extend the existing moratoria for 6 months and expand them to include HHAs in Fort Lauderdale, Florida; Detroit, Michigan; Houston, Texas; and Dallas, Texas; as well as Medicaid, CHIP and Medicare Part B ground ambulance suppliers in Philadelphia, Pennsylvania and nearby New Jersey counties (see the February 4, 2014 Federal Register (79 FR 6475)). Since the moratoria were expanded, they remained in place and were extended in 6-month intervals. On July 29, 2016, CMS extended the existing moratoria for 6 months and expanded them to statewide in the impacted states (see the August 3, 2016 Federal Register (81 FR 51120)). The statewide moratoria have since been extended at 6-month intervals and to date, largely remain in place in all of the previously-mentioned locations.1 Since initial implementation of the moratoria, CMS has monitored the program and identified several operational challenges. Because the moratoria were initially geographically 1 Effective July 29, 2016, CMS lifted the moratoria on Part B emergency ground ambulance suppliers in all locations. (81 FR 51120) In addition, effective September 1, 2017, CMS lifted the moratoria on Part B non-emergency ground ambulance suppliers in Texas. (82 FR 51274) These actions also applied to Medicaid and CHIP. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 42037 defined by county, the moratoria did not prohibit existing providers and suppliers from opening a branch location in, or moving a currentlyenrolled business into, a moratoria area. Moreover, CMS was unable to prevent existing providers and suppliers enrolled outside of a moratoria area from servicing beneficiaries within the moratoria area. In fact, CMS discovered providers and suppliers who were located several hundred miles outside of a moratorium area that were billing for services furnished to beneficiaries located within the moratorium area. As noted previously, on July 29, 2016, CMS implemented statewide moratoria on newly enrolling HHAs in Medicare, Medicaid, and CHIP, and nonemergency ground ambulance suppliers in Medicare Part B, Medicaid, and CHIP in order to mitigate the vulnerabilities identified and described previously regarding the prior county-based moratoria. Concurrently, CMS implemented this Demonstration in order to improve methods for the investigation and prosecution of fraud, and to ensure that program integrity enforcement actions did not impact beneficiary access to care; in particular, all of the states impacted by the expanded statewide moratoria have rural areas that could be impacted by the statewide expansion. By implementing this Demonstration, CMS created a process that allows for needbased waivers to the moratoria in areas with access to care issues. Recently, CMS re-evaluated the continued need for statewide moratoria on the enrollment of new Part B, Medicaid, and CHIP non-emergency ground ambulance suppliers in New Jersey and Pennsylvania, and HHAs in Florida, Illinois, Michigan, and Texas, and determined that the conditions that caused CMS to implement the moratoria have not abated. As a result, on July 29, 2018 (see the August 2, 2018 Federal Register (83 FR 37747), we extended the statewide moratoria on Part B, Medicaid, and CHIP non-emergency ground ambulance suppliers and HHAs in the impacted states. A. Operational Challenges Since expanding statewide, a new statutory provision affecting the moratoria areas has taken effect. In December 2016, Congress enacted the 21st Century Cures Act (Cures Act). Section 17004 of the Cures Act provides authority to address issues of circumvention of the prior county-based moratoria by prohibiting payment for items or services furnished within moratoria areas by any newly enrolled provider or supplier that is of a provider E:\FR\FM\20AUR1.SGM 20AUR1

Agencies

[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Rules and Regulations]
[Pages 42036-42037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17921]


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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
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