North Dakota: Authorization of State Underground Storage Tank Program Revisions, 65117-65118 [2018-27421]

Download as PDF Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Proposed Rules section of this issue of the Federal Register. FOR FURTHER INFORMATION CONTACT: Moye Lin at (303) 312–6667, lin.moye@ epa.gov. SUPPLEMENTARY INFORMATION: In the ‘‘Rules and Regulations’’ section of this issue of the Federal Register, the EPA is authorizing changes to the North Dakota program as a direct final rule. The EPA did not make a proposal prior to the direct final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the direct final rule. Unless the EPA receives written comments that raise concerns with the authorization during the comment period, the direct final rule will become effective on March 15, 2019, and we will not take further action on this proposal. If we get comments that raise concerns with the authorization, we will withdraw the direct final rule and it will not take immediate effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time. Dated: December 13, 2018. Douglas Benevento, Regional Administrator, Region 8. [FR Doc. 2018–27423 Filed 12–18–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 281 [EPA–R08–UST–2018–0728; FRL–9986–99— Region 8] North Dakota: Authorization of State Underground Storage Tank Program Revisions Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: Pursuant to the Resource Conservation and Recovery Act (RCRA or Act), the Environmental Protection Agency (EPA) is proposing to approve revisions to the State of North Dakota’s Underground Storage Tank (UST) program submitted by the State. This action is based on the EPA’s determination that the State’s revisions satisfy all requirements for UST program approval. The State’s federallyauthorized UST program, as revised pursuant to this action, will remain subject to the EPA’s inspection and amozie on DSK3GDR082PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 18:08 Dec 18, 2018 Jkt 247001 enforcement authorities under sections 9005 and 9006 of RCRA subtitle I and other applicable statutory and regulatory provisions. All revisions to the State of North Dakota’s UST program would be federally approved as of the effective date of this action. DATES: Send written comments by January 18, 2019. ADDRESSES: Submit your comments by one of the following methods: 1. Federal eRulemaking Portal: https:// www/regulations.gov. Follow the online instructions for submitting comments. 2. Email: bents.benjamin@epa.gov. 3. Mail: Benjamin Bents, Project Officer, UST, Solid Waste and PCB Unit, Resource Conservation and Recovery Program, Office of Partnerships and Regulatory Assistance (8P–R), EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129. 4. Hand delivery or courier: Deliver your comments to Benjamin Bents, Region 8, Project Officer, UST, Solid Waste and PCB Unit, Resource Conservation and Recovery Program, Office of Partnerships and Regulatory Assistance (8P–R), EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129. Instructions: Direct your comments to Docket ID No. EPA–R08–UST–2018– 0728. The EPA’s policy us that all comments received will be included in the public docket without change and may be available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov, or email. The federal https://www.regulations.gov website is an ‘‘anonymous access’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through https:// www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If the EPA cannot read your comment due to technical difficulties, and cannot contact you for clarification, the EPA PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 65117 may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. You can view and copy the documents that form the basis for this action and associated publicly available materials from 8:30 a.m. to 4:00 p.m., Monday through Friday at the following location: EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129, phone number (303) 312–6435. Interested persons wanting to examine these documents should make an appointment with the office at least 2 days in advance. FOR FURTHER INFORMATION CONTACT: Benjamin Bents, Project Officer, UST, Solid Waste and PCB Unit, Resource Conservation and Recovery Program, Office of Partnerships and Regulatory Assistance (8P–R), EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129, phone number (303) 312– 6435, email address: Bents.Benjamin@ epa.gov. SUPPLEMENTARY INFORMATION: The State of North Dakota adopted state Senate Bill No. 2327 (S.L. 2017, ch. 199, § 75) which separated the Environmental Health Section from the North Dakota Department of Health (NDDOH) to create a stand-alone North Dakota Department of Environmental Quality (NDDEQ). Per S.L. 2017, ch. 199, Section 75, the transfer of authority, power, and duties related to environmental quality from NDDOH to NDDEQ will become effective upon the North Dakota Legislative Council’s receipt of the certification by the Chief of the Environmental Health Section of the State Department of Health attesting that all necessary federal approvals have been obtained and all necessary federal and other agreements have been amended to ensure the State will continue to meet the authorization requirements it currently satisfies after the transfer of authority, powers, and duties from the NDDOH to the NDDEQ. This rule constitutes the EPA approval of the transfer of all duties and responsibilities of the State relating to the existing federal UST program in North Dakota from the NDDOH to the NDDEQ. The State plans to rely on the date when the EPA signs the final rule for purposes of notifying the state legislature that the EPA has approved these revisions, which will provide for the transfer of authority to implement the federal UST program from the NDDOH to NDDEQ to be effective under state law. The EPA understands that the State intends to take the necessary E:\FR\FM\19DEP1.SGM 19DEP1 65118 Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Proposed Rules additional steps as specified in S.L. 2017, ch. 199, Section 75, to ensure that NDDEQ comes into existence and that the NDDEQ rules are effective as a matter of state law prior to the effective date of the EPA’s approval of these revisions. Unless and until the NDDEQ rules and agency become fully effective under federal law, for purposes of federal law the EPA recognizes the State’s program as currently approved. For additional information, see the direct final rule published in the ‘‘Rules and Regulations’’ section of this issue of the Federal Register. Authority: This rule is issued under the authority of Sections 2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912(a), 6991c, 6991d, and 6991e. List of Subjects in 40 CFR Part 281 Environmental protection, Administrative practice and procedure, Hazardous substances, State program approval, and Underground storage tanks. Dated: December 13, 2018. Douglas Benevento, Regional Administrator, Region 8. [FR Doc. 2018–27421 Filed 12–18–18; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary the addresses provided below, no later than 5 p.m. on February 19, 2019. In commenting, please refer to file code CMS–0054–P. Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission. Comments, including mass comment submissions, must be submitted in one of the following three ways (please choose only one of the ways listed): 1. Electronically. You may submit electronic comments on this regulation to https://www.regulations.gov. Follow the ‘‘Submit a comment’’ instructions. 2. By regular mail. You may mail written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–0054–P, P.O. Box 8013, Baltimore, MD 21244–8013. Please allow sufficient time for mailed comments to be received before the close of the comment period. 3. By express or overnight mail. You may send written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–0054–P, Mail Stop C4–26–05, 7500 Security Boulevard, Baltimore, MD 21244–1850. For information on viewing public comments, see the beginning of the SUPPLEMENTARY INFORMATION section. ADDRESSES: FOR FURTHER INFORMATION CONTACT: 45 CFR Part 162 [CMS–0054–P] RIN 0938–AT42 Administrative Simplification: Rescinding the Adoption of the Standard Unique Health Plan Identifier and Other Entity Identifier Office of the Secretary, HHS. Proposed rule. AGENCY: ACTION: This proposed rule would rescind the adopted standard unique health plan identifier (HPID) and the implementation specifications and requirements for its use and the other entity identifier (OEID) and implementation specifications for its use. The decision to propose to rescind the adopted standards was made following a careful assessment of industry input, as well as HHS’s intention to explore options for a more effective standard unique health plan identifier in the future. DATES: To be assured consideration, comments must be received at one of amozie on DSK3GDR082PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 18:08 Dec 18, 2018 Jkt 247001 Lorraine Doo, (410) 786–6597, for all policy questions. Rosali Topper, (410) 786–7260, for information about website content and frequently asked questions. Gladys Wheeler, (410) 786–0273, for information about the Health Plan and Other Entity Enumeration System (HPOES). Heinz Stokes-Murray, (410) 786–0383, and LaKisha Brown, (410) 786–1798, for general information. SUPPLEMENTARY INFORMATION: Inspection of Public Comments: All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following website as soon as possible after they have been received: https:// www.regulations.gov. Follow the search instructions on that website to view public comments. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 I. Background A. Statutory and Regulatory History Section 262 of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Pub. L. 104–191) added section 1173 to the Social Security Act (the Act) and required, among other things, that the Secretary of the Department of Health and Human Services (HHS or the Secretary) adopt a standard unique health plan identifier. The stated purpose of section 261 of HIPAA is to improve the effectiveness and efficiency of the health care system by encouraging the development of a health information system through the establishment of standards and requirements for the electronic transmission of certain health information and reducing the clerical burden on patients, health care providers, and health plans. Section 1173(b)(1) of the Act specifies that, in adopting a standard unique identifier for health plans, the Secretary must take into account multiple uses for the identifier, and section 1173(b)(2) of the Act provides that, in adopting a standard health plan identifier, the purposes for which the identifier may be used must be specified. Congress renewed the requirement for the Secretary to adopt a standard unique health plan identifier in section 1104(c)(1) of the Patient Protection and Affordable Care Act (Pub. L. 111–148) ((as amended by the Health Care and Education Reconciliation Act of 2010 (Pub. L. 111–152) and collectively known as the Affordable Care Act) by requiring the Secretary to promulgate a final rule to establish a unique health plan identifier, as described in section 1173(b) of the Act and based on the input of the National Committee on Vital and Health Statistics (NCVHS). To implement these statutory provisions, we adopted the HPID and OEID via a final rule published on September 5, 2012 (77 FR 54664) entitled Administrative Simplification: Adoption of a Standard for a Unique Health Plan Identifier; Addition to the National Provider Identifier Requirements; and a Change to the Compliance Date for the International Classification of Diseases, 10th Edition (ICD–10–CM and ICD–10–PCS) Medical Data Code Sets (hereafter, referred to as the September 2012 final rule). The September 2012 final rule did the following: • Adopted the HPID as the standard unique identifier for health plans. • Defined the terms ‘‘Controlling health plan’’ (CHP) and ‘‘Subhealth plan’’ (SHP). The definitions of these two terms differentiate health plan E:\FR\FM\19DEP1.SGM 19DEP1

Agencies

[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Proposed Rules]
[Pages 65117-65118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27421]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 281

[EPA-R08-UST-2018-0728; FRL-9986-99--Region 8]


North Dakota: Authorization of State Underground Storage Tank 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA 
or Act), the Environmental Protection Agency (EPA) is proposing to 
approve revisions to the State of North Dakota's Underground Storage 
Tank (UST) program submitted by the State. This action is based on the 
EPA's determination that the State's revisions satisfy all requirements 
for UST program approval. The State's federally-authorized UST program, 
as revised pursuant to this action, will remain subject to the EPA's 
inspection and enforcement authorities under sections 9005 and 9006 of 
RCRA subtitle I and other applicable statutory and regulatory 
provisions. All revisions to the State of North Dakota's UST program 
would be federally approved as of the effective date of this action.

DATES: Send written comments by January 18, 2019.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: https://www/regulations.gov. Follow 
the online instructions for submitting comments.
    2. Email: bents.benjamin@epa.gov.
    3. Mail: Benjamin Bents, Project Officer, UST, Solid Waste and PCB 
Unit, Resource Conservation and Recovery Program, Office of 
Partnerships and Regulatory Assistance (8P-R), EPA Region 8, 1595 
Wynkoop Street, Denver, Colorado 80202-1129.
    4. Hand delivery or courier: Deliver your comments to Benjamin 
Bents, Region 8, Project Officer, UST, Solid Waste and PCB Unit, 
Resource Conservation and Recovery Program, Office of Partnerships and 
Regulatory Assistance (8P-R), EPA Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129.
    Instructions: Direct your comments to Docket ID No. EPA-R08-UST-
2018-0728. The EPA's policy us that all comments received will be 
included in the public docket without change and may be available 
online at https://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through https://www.regulations.gov, or email. The federal https://www.regulations.gov 
website is an ``anonymous access'' system, which means the EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send an email comment directly to the EPA 
without going through https://www.regulations.gov, your email address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the internet. If 
you submit an electronic comment, the EPA recommends that you include 
your name and other contact information in the body of your comment and 
with any disk or CD-ROM you submit. If the EPA cannot read your comment 
due to technical difficulties, and cannot contact you for 
clarification, the EPA may not be able to consider your comment. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses.
    You can view and copy the documents that form the basis for this 
action and associated publicly available materials from 8:30 a.m. to 
4:00 p.m., Monday through Friday at the following location: EPA Region 
8, 1595 Wynkoop Street, Denver, Colorado 80202-1129, phone number (303) 
312-6435. Interested persons wanting to examine these documents should 
make an appointment with the office at least 2 days in advance.

FOR FURTHER INFORMATION CONTACT: Benjamin Bents, Project Officer, UST, 
Solid Waste and PCB Unit, Resource Conservation and Recovery Program, 
Office of Partnerships and Regulatory Assistance (8P-R), EPA Region 8, 
1595 Wynkoop Street, Denver, Colorado 80202-1129, phone number (303) 
312-6435, email address: Bents.Benjamin@epa.gov.

SUPPLEMENTARY INFORMATION: The State of North Dakota adopted state 
Senate Bill No. 2327 (S.L. 2017, ch. 199, Sec.  75) which separated the 
Environmental Health Section from the North Dakota Department of Health 
(NDDOH) to create a stand-alone North Dakota Department of 
Environmental Quality (NDDEQ). Per S.L. 2017, ch. 199, Section 75, the 
transfer of authority, power, and duties related to environmental 
quality from NDDOH to NDDEQ will become effective upon the North Dakota 
Legislative Council's receipt of the certification by the Chief of the 
Environmental Health Section of the State Department of Health 
attesting that all necessary federal approvals have been obtained and 
all necessary federal and other agreements have been amended to ensure 
the State will continue to meet the authorization requirements it 
currently satisfies after the transfer of authority, powers, and duties 
from the NDDOH to the NDDEQ. This rule constitutes the EPA approval of 
the transfer of all duties and responsibilities of the State relating 
to the existing federal UST program in North Dakota from the NDDOH to 
the NDDEQ.
    The State plans to rely on the date when the EPA signs the final 
rule for purposes of notifying the state legislature that the EPA has 
approved these revisions, which will provide for the transfer of 
authority to implement the federal UST program from the NDDOH to NDDEQ 
to be effective under state law. The EPA understands that the State 
intends to take the necessary

[[Page 65118]]

additional steps as specified in S.L. 2017, ch. 199, Section 75, to 
ensure that NDDEQ comes into existence and that the NDDEQ rules are 
effective as a matter of state law prior to the effective date of the 
EPA's approval of these revisions. Unless and until the NDDEQ rules and 
agency become fully effective under federal law, for purposes of 
federal law the EPA recognizes the State's program as currently 
approved. For additional information, see the direct final rule 
published in the ``Rules and Regulations'' section of this issue of the 
Federal Register.

    Authority: This rule is issued under the authority of Sections 
2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act, as 
amended, 42 U.S.C. 6912(a), 6991c, 6991d, and 6991e.

List of Subjects in 40 CFR Part 281

    Environmental protection, Administrative practice and procedure, 
Hazardous substances, State program approval, and Underground storage 
tanks.

    Dated: December 13, 2018.
Douglas Benevento,
Regional Administrator, Region 8.
[FR Doc. 2018-27421 Filed 12-18-18; 8:45 am]
 BILLING CODE 6560-50-P
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