Michigan: Final Authorization of State Hazardous Waste Management Program Revisions, 26359-26360 [2019-11895]

Download as PDF Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Rules and Regulations List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: May 29, 2019. Michael Goodis, Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. In the table in § 180.658(a)(1): a. Remove the entries ‘‘Brassica, head and stem, subgroup 5A’’ and ‘‘Brassica, leafy greens, subgroup 5B’’; ■ b. Add alphabetically the commodities ‘‘Brassica, leafy greens, subgroup 4–16B’’, ‘‘Bushberry subgroup 13–07B’’, and ‘‘Caneberry subgroup 13– 07A’’; ■ c. Remove the entry ‘‘Canola’’; ■ d. Add alphabetically the commodity ‘‘Celtuce’’; ■ e. Remove the entry ‘‘Cotton, seed’’; ■ f. Add alphabetically the commodity ‘‘Fennel, Florence, fresh leaves and stalk’’; ■ g. Remove the entry ‘‘Fruit, stone, group 12’’; ■ h. Add alphabetically the commodities ‘‘Fruit, stone, group 12– 12’’, ‘‘Kohlrabi’’, ‘‘Leaf petiole vegetable subgroup 22B’’, and ‘‘Leafy greens subgroup 4–16A’’; ■ i. Revise the entry ‘‘Nut, tree, group 14’’; ■ j. Add alphabetically the commodities ‘‘Nut, tree, group 14–12’’ and ‘‘Oilseed group 20’’; ■ k. Revise the entry ‘‘Pistachio’’; ■ l. Remove the entry ‘‘Sunflower, seed’’; ■ m. Add alphabetically the commodity ‘‘Vegetable, brassica, head and stem, group 5–16’’; ■ n. Remove the entry ‘‘Vegetable, leafy, except brassica, group 4’’; and ■ o. Add footnote 1 to the table. The additions and revisions read as follows: ■ ■ khammond on DSKBBV9HB2PROD with RULES § 180.658 Penthiopyrad; tolerances for residues. (a) * * * (1) * * * Parts per million Commodity * * * * Brassica, leafy greens, subgroup 4–16B ...................................... VerDate Sep<11>2014 15:44 Jun 05, 2019 Jkt 247001 * 50 Parts per million Commodity 26359 This final authorization is effective June 6, 2019. DATES: The EPA has established a docket for this action under Docket ID No. EPA–R05–RCRA–2018–0228. The Docket ID No. was identified as EPA– R05–RCRA–2017–0381 in the proposed rule published in the October 10, 2018, Federal Register at 83 FR 50868, but that Docket ID No. was incorrect. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., CBI 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 electronically through https:// www.regulations.gov. ADDRESSES: * * * * Bushberry subgroup 13–07B ...... Caneberry subgroup 13–07A ..... Celtuce ........................................ * * * * * Fennel, Florence, fresh leaves and stalk .................................. * * * * * Fruit, stone, group 12–12 ........... * * * * * Kohlrabi ....................................... Leaf petiole vegetable subgroup 22B .......................................... Leafy greens subgroup 4–16A ... * * * * * Nut, tree, group 14 1 ................... Nut, tree, group 14–12 ............... * 0.06 0.05 * * * * Oilseed group 20 ........................ * * * * * Pistachio 1 ................................... * 0.06 6 10 30 30 4 5 30 30 1.5 Judith Greenberg, RCRA C and D Section, Land and Chemicals Branch, Land, Chemicals and Redevelopment Division, U.S. Environmental Protection * Agency, 77 W Jackson Blvd., Chicago, IL 5 60604, phone number: (312) 886–4179, email: greenberg.judith@epa.gov. * * * * Vegetable, brassica, head and stem, group 5–16 .................... * * 1 This * * * tolerance expires on December 6, 2019. * * * * * [FR Doc. 2019–11676 Filed 6–5–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA–R05–RCRA–2018–0228; FRL–9994– 75–Region 5] Michigan: Final Authorization of State Hazardous Waste Management Program Revisions Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is granting Michigan final authorization for changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The Agency published a proposed rule on October 10, 2018, and provided for public comment. No comments were received on the proposed revisions. No further opportunity for comment will be provided. SUMMARY: PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: A. What changes to Michigan’s hazardous waste program is EPA authorizing with this action? On March 2, 2018, Michigan submitted a complete program revision application seeking authorization of changes to its hazardous waste program in accordance with 40 CFR 271.21. EPA now makes a final decision that Michigan’s hazardous waste program revisions that are being authorized are equivalent to, consistent with, and no less stringent than the Federal program, and therefore satisfy all the requirements necessary to qualify for final authorization. For a list of State rules being authorized with this final rule, please see the proposed rule published in the October 10, 2018, Federal Register at 83 FR 50869. B. Which revised state rules are different from the federal rules? See the October 10, 2018, proposed rule for a description of which state rules are different from the federal rules, with one exception. The proposed rule incorrectly stated that Michigan has proposed additions to its Universal Wastes that will add Antifreeze, Aerosol Cans and Paint Wastes that are not already regulated as hazardous waste. This statement should be disregarded. E:\FR\FM\06JNR1.SGM 06JNR1 26360 Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Rules and Regulations amended, 42 U.S.C. 6912(a), 6926, and 6974(b). C. What is codification and is EPA codifying the Michigan’s hazardous waste program as authorized in this rule? Codification is the process of placing citations and references to the State’s statutes and regulations that comprise the State’s authorized hazardous waste program into the Code of Federal Regulations. EPA does this by adding those citations and references to the authorized state rules in 40 CFR part 272. EPA is not codifying the authorization of Michigan’s revisions at this time. However, EPA reserves the ability to amend 40 CFR part 272, subpart X for the authorization of Michigan’s program changes at a later date. D. Statutory and Executive Order Reviews This final authorization revises Michigan’s authorized hazardous waste management program pursuant to Section 3006 of RCRA and imposes no requirements other than those currently imposed by state law. For further information on how this authorization complies with applicable executive orders and statutory provisions, please see the proposed rule published in the October 10, 2018 Federal Register at 83 FR 50869. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this document and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This final action will be effective on June 6, 2019. khammond on DSKBBV9HB2PROD with RULES List of Subjects in 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indian 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 VerDate Sep<11>2014 15:44 Jun 05, 2019 Jkt 247001 Dated: May 21, 2019. Cheryl L. Newton, Acting Regional Administrator, Region 5. [FR Doc. 2019–11895 Filed 6–5–19; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 412 [CMS–1708–N] Medicare Program; Explanation of Federal Fiscal Year (FY) 2004, 2005, and 2006 Outlier Fixed-Loss Thresholds as Required by Court Rulings Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Clarification. AGENCY: In accordance with court rulings in cases that challenge the federal fiscal year (FY) 2004, 2005, and 2006 outlier fixed-loss threshold (FLT) rulemakings, this document provides further explanation of certain methodological choices made in the FLT determinations for those years. DATES: June 6, 2019. FOR FURTHER INFORMATION CONTACT: Don Thompson, (410) 786–6504. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background On May 19, 2015, in District Hospital Partners v. Burwell, 786 F.3d 46 (D.C. Cir. 2015), the Court of Appeals for the District of Columbia Circuit held that the FY 2004 fixed-loss threshold (FLT) was inadequately explained in the federal fiscal year (FY) 2004 hospital inpatient prospective payment systems (IPPS) final rule. The court of appeals ordered the district court to remand to CMS for further explanation of the handling of data pertaining to 123 hospitals the agency had identified as likely to have engaged in ‘‘turbocharging,’’ that is, manipulating their charges to obtain greater outlier payments. The United States District Court for the District of Columbia then remanded to the Secretary in accordance with the decision of the Court of Appeals. Order, Dist. Hosp. Partners, L.P. v. Burwell, Civil Action No. 11–0116 (ESH) (D.D.C. August 13, 2015). On September 2, 2015, the District Court issued an order in a separate case, PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 Banner Health v. Burwell, No. 10–1638 (ECF Nos. 149 and 150), 126 F. Supp. 3d 28 (D.D.C. 2015), remanding for additional explanation of the FLT from the FY 2004 final rule consistent with the D.C. Circuit’s decision in District Hospital Partners. The court stated that the agency should explain further why it did not exclude data from the 123 hospitals from the outlier charge inflation calculation used to produce estimates of future Medicare payments for FY 2004. In the January 22, 2016 Federal Register (81 FR 3727), we published an additional explanation in response to these court orders. In the October 14, 2016 Federal Register (81 FR 70980), we published a minor, non-substantive correction to the January 2016 document. In Banner Health v. Price, 867 F.3d 1323 (D.C. Cir. 2017), the court of appeals reviewed the January 2016 document and found that the agency still had not adequately explained why the agency, in the FY 2004 rulemaking, did not exclude the charge data from the 123 hospitals it had identified as likely turbochargers when calculating the charge inflation factor used to transform historical charges into future charges for purposes of the agency’s projections. The court of appeals also found that the agency had not adequately explained why it did not apply a downward adjustment to hospitals’ cost-to-charge ratios when determining the FLTs for FYs 2004, 2005, and 2006, an issue not addressed in the Court of Appeals decision in District Hospital Partners. The court in Banner Health ordered the district court to remand to CMS to provide additional explanation on these two points. The district court issued a remand order on April 12, 2018. The district court also entered a similar order with respect to the FY 2004 determination in another case, District Hospital Partners, L.P. v. Azar, 320 F. Supp. 3d 42 (D.D.C. 2018). We are issuing this document to provide the additional explanation required by these decisions. II. Provisions of the Explanation A. Inclusion of Data Pertaining to 123 Hospitals Identified as Likely Turbochargers in the Calculation of Estimated Charge Inflation for FY 2004 The first issue pertains to the use of data pertaining to 123 hospitals whom we described in a March 5, 2003 proposed rule (68 FR 10420), as hospitals likely to have engaged in turbocharging. We chose to calculate the FY 2004 charge inflation adjustment using data that incorporated data E:\FR\FM\06JNR1.SGM 06JNR1

Agencies

[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Rules and Regulations]
[Pages 26359-26360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11895]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R05-RCRA-2018-0228; FRL-9994-75-Region 5]


Michigan: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is granting Michigan 
final authorization for changes to its hazardous waste program under 
the Resource Conservation and Recovery Act (RCRA). The Agency published 
a proposed rule on October 10, 2018, and provided for public comment. 
No comments were received on the proposed revisions. No further 
opportunity for comment will be provided.

DATES: This final authorization is effective June 6, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R05-RCRA-2018-0228. The Docket ID No. was identified 
as EPA-R05-RCRA-2017-0381 in the proposed rule published in the October 
10, 2018, Federal Register at 83 FR 50868, but that Docket ID No. was 
incorrect. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some 
information is not publicly available, e.g., CBI 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 electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Judith Greenberg, RCRA C and D 
Section, Land and Chemicals Branch, Land, Chemicals and Redevelopment 
Division, U.S. Environmental Protection Agency, 77 W Jackson Blvd., 
Chicago, IL 60604, phone number: (312) 886-4179, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

A. What changes to Michigan's hazardous waste program is EPA 
authorizing with this action?

    On March 2, 2018, Michigan submitted a complete program revision 
application seeking authorization of changes to its hazardous waste 
program in accordance with 40 CFR 271.21. EPA now makes a final 
decision that Michigan's hazardous waste program revisions that are 
being authorized are equivalent to, consistent with, and no less 
stringent than the Federal program, and therefore satisfy all the 
requirements necessary to qualify for final authorization. For a list 
of State rules being authorized with this final rule, please see the 
proposed rule published in the October 10, 2018, Federal Register at 83 
FR 50869.

B. Which revised state rules are different from the federal rules?

    See the October 10, 2018, proposed rule for a description of which 
state rules are different from the federal rules, with one exception. 
The proposed rule incorrectly stated that Michigan has proposed 
additions to its Universal Wastes that will add Antifreeze, Aerosol 
Cans and Paint Wastes that are not already regulated as hazardous 
waste. This statement should be disregarded.

[[Page 26360]]

C. What is codification and is EPA codifying the Michigan's hazardous 
waste program as authorized in this rule?

    Codification is the process of placing citations and references to 
the State's statutes and regulations that comprise the State's 
authorized hazardous waste program into the Code of Federal 
Regulations. EPA does this by adding those citations and references to 
the authorized state rules in 40 CFR part 272. EPA is not codifying the 
authorization of Michigan's revisions at this time. However, EPA 
reserves the ability to amend 40 CFR part 272, subpart X for the 
authorization of Michigan's program changes at a later date.

D. Statutory and Executive Order Reviews

    This final authorization revises Michigan's authorized hazardous 
waste management program pursuant to Section 3006 of RCRA and imposes 
no requirements other than those currently imposed by state law. For 
further information on how this authorization complies with applicable 
executive orders and statutory provisions, please see the proposed rule 
published in the October 10, 2018 Federal Register at 83 FR 50869. The 
Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small 
Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this document and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This 
final action will be effective on June 6, 2019.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Indian 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: May 21, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019-11895 Filed 6-5-19; 8:45 am]
BILLING CODE 6560-50-P
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