Georgia: Final Approval and Incorporation by Reference of State Underground Storage Tank Program Revisions, 8472-8475 [2020-02254]
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8472
Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Rules and Regulations
V. Conclusion
Therefore, tolerances are established
for residues of the insecticide
chlorfenapyr, 4-bromo-2-(4chlorophenyl)-1-(ethoxymethyl)-5(trifluoromethyl)-1H-pyrrole-3carbonitrile, in or on Basil, fresh leaves
at 80 ppm; Chive, fresh leaves at 20
ppm; and Cucumber at 0.5 ppm; and
Vegetable, fruiting, group 8–10 at 2
ppm.
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VI. Statutory and Executive Order
Reviews
This action establishes tolerances
under FFDCA section 408(d) in
response to a petition submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this action
has been exempted from review under
Executive Order 12866, this action is
not subject to Executive Order 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), nor is it considered a
regulatory action under Executive Order
13771, entitled ‘‘Reducing Regulations
and Controlling Regulatory Costs’’ (82
FR 9339, February 3, 2017). This action
does not contain any information
collections subject to OMB approval
under the Paperwork Reduction Act
(PRA) (44 U.S.C. 3501 et seq.), nor does
it require any special considerations
under Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerances in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or Tribes, nor does
this action alter the relationships or
distribution of power and
responsibilities established by Congress
in the preemption provisions of FFDCA
section 408(n)(4). As such, the Agency
has determined that this action will not
have a substantial direct effect on States
or Tribal Governments, on the
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relationship between the National
Government and the States or Tribal
Governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
Tribes. Thus, the Agency has
determined that Executive Order 13132,
entitled ‘‘Federalism’’ (64 FR 43255,
August 10, 1999) and Executive Order
13175, entitled ‘‘Consultation and
Coordination with Indian Tribal
Governments’’ (65 FR 67249, November
9, 2000) do not apply to this action. In
addition, this action does not impose
any enforceable duty or contain any
unfunded mandate as described under
Title II of the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et
seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule 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 of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: January 24, 2020.
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 § 180.513, amend the table in
paragraph (a)(1) as follows:
■ a. Add alphabetically the entries for
‘‘Basil, fresh leaves’’; ‘‘Chive, fresh
leaves’’; and ‘‘Cucumber’’; and
■ b. Revise the entry for ‘‘Vegetable,
fruiting, group 8–10’’.
The additions and revision read as
follows:
■
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§ 180.513 Chlorfenapyr; tolerances for
residues.
(a) * * *
(1) * * *
Parts per
million
Commodity
Basil, fresh leaves ......................
Chive, fresh leaves .....................
Cucumber ...................................
*
*
*
*
Vegetable, fruiting, group 8–10 ..
*
*
*
*
80
20
0.5
*
2
*
[FR Doc. 2020–02037 Filed 2–13–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 281 and 282
[EPA–R04–UST–2019–0310; FRL–10004–
27–Region 4]
Georgia: Final Approval and
Incorporation by Reference of State
Underground Storage Tank Program
Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is granting the State of
Georgia (Georgia or State) final approval
of revisions to its underground storage
tank (UST) program pursuant to the
Resource Conservation and Recovery
Act (RCRA). In addition, the EPA is
codifying EPA’s approval of Georgia’s
revised UST program and incorporating
by reference those provisions of the
State statutes and regulations that the
EPA has determined meet the
requirements for approval. EPA
published a proposed rule on September
16, 2019 and provided for public
comment. No comments were received
on the EPA’s proposed approval of
Georgia’s UST program revisions. No
further opportunity for comment will be
provided.
DATES: This final rule is effective
February 14, 2020. The incorporation by
reference of certain publications listed
in the regulations is approved by the
Director of the Federal Register, as of
February 14, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R04–UST–2019–0310. All
documents in the docket are listed on
the https://www.regulations.gov website.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
SUMMARY:
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available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Aaryn Jones, RCRA Programs and
Cleanup Branch, Land, Chemicals and
Redevelopment Division, U.S.
Environmental Protection Agency,
Region 4, Atlanta Federal Center, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960; Phone number: (404) 562–
8969; email address: jones.aaryn@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Georgia’s
UST Program
A. What changes to Georgia’s UST
program is EPA approving with this
action?
On August 8, 2018, in accordance
with 40 CFR 281.51(a), Georgia
submitted a complete program revision
application (State Application) seeking
approval of changes to its UST program.
EPA now makes a final decision that
Georgia’s UST program revisions are no
less stringent than the corresponding
Federal program. Therefore, the EPA
grants Georgia final approval to operate
its UST program with the changes
described in the State Application and
as outlined in the proposed rule
published in the September 16, 2019
Federal Register at 84 FR 48573.
Although no comments were received
on the EPA’s proposed approval of
Georgia’s UST program revisions, the
EPA noticed an error in the date of the
Georgia statutory and regulatory
materials listed in the proposed
regulatory text at 40 CFR 282.60(d)(1)(i).
The date of these materials was
improperly listed as August 2018. The
EPA has corrected the date in the final
regulatory text to August 2019. The
State’s federally-approved and codified
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.
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II. Codification
A. What is codification?
Codification is the process of placing
citations and references to a state’s
statutes and regulations that comprise a
state’s approved UST program into the
Code of Federal Regulations (CFR). The
EPA codifies its approval of state
programs in 40 CFR part 282 and
incorporates by reference state statutes
and regulations that the EPA can
enforce, after the approval is final,
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under sections 9005 and 9006 of RCRA,
and any other applicable statutory
provisions. The incorporation by
reference of EPA-approved state
programs in the CFR should
substantially enhance the public’s
ability to discern the status of the
approved state UST program and state
requirements that can be federally
enforced. This effort provides clear
notice to the public of the scope of the
approved program in each state.
B. What is the history of codification of
Georgia’s UST program?
In 1996, the EPA incorporated by
reference and codified Georgia’s
approved UST program at 40 CFR
282.60 (61 FR 4224, February 5, 1996).
Through this action, the EPA is
amending 40 CFR 282.60 to incorporate
by reference and codify Georgia’s
revised UST program.
C. What codification decisions is the
EPA making in this rule?
In this rule, the EPA is finalizing
regulatory text that incorporates by
reference the federally approved Georgia
UST program, including the revisions
described in the State Application. In
accordance with the requirements of 1
CFR 51.5, the EPA is incorporating by
reference Georgia’s statutes and
regulations as described in the
amendments to 40 CFR part 282 set
forth below. These documents are
available through https://
www.regulations.gov and at the EPA
Region 4 office (see the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Specifically, in Section
282.60(d)(1)(i), the EPA is incorporating
by reference the Georgia-approved UST
program. Section 282.60(d)(1)(ii)
identifies the State’s statutes and
regulations that are part of the approved
State program, although not
incorporated by reference for
enforcement purposes. Section
282.60(d)(2) through (d)(5) reference the
Attorney General’s Statement,
Demonstration of Adequate
Enforcement Procedures, the Program
Description, and the Memorandum of
Agreement, which are part of the State
Application and approved as part of the
UST program under subtitle I of RCRA.
D. What is the effect of the EPA’s
codification of the federally approved
Georgia UST program on enforcement?
The EPA retains the authority under
sections 9003(h), 9005, and 9006 of
subtitle I of RCRA, 42 U.S.C. 6991b(h),
6991d, and 6991e, and other applicable
statutory and regulatory provisions, to
undertake corrective action, inspections,
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8473
and enforcement actions, and to issue
orders in approved states. If the EPA
determines it will take such actions in
Georgia, the EPA will rely on federal
sanctions, federal inspection authorities,
and other federal procedures rather than
the State analogs. Therefore, the EPA is
not incorporating by reference Georgia’s
procedural and enforcement authorities,
although they are listed in 40 CFR
282.60(d)(1)(ii).
E. What State provisions are not part of
the codification?
Some provisions of the State’s UST
program are not part of the federally
approved State program because they
are ‘‘broader in scope’’ than the federal
UST program. 40 CFR 281.12(a)(3)(ii)
states that, where an approved state
program has provisions that are broader
in scope than the federal program, those
provisions are not a part of the federally
approved program. As a result, State
provisions which are ‘‘broader in scope’’
than the federal program are not
incorporated by reference for purposes
of enforcement in part 282. In addition,
provisions that are external to the State
UST program approval requirements,
but included in the State Application,
are also being excluded from
incorporation by reference in part 282.
For reference and clarity, 40 CFR
282.60(d)(1)(iii) lists the Georgia
statutory and regulatory provisions
which are ‘‘broader in scope’’ than the
federal program and external to state
UST program approval requirements.
These provisions are, therefore, not part
of the approved program that the EPA
is codifying. Although these provisions
cannot be enforced by the EPA, the State
will continue to implement and enforce
such provisions under State law.
III. Statutory and Executive Order
(E.O.) Reviews
This final action merely approves and
codifies Georgia’s revised UST program
requirements pursuant to RCRA section
9004 and does not impose additional
requirements other than those imposed
by State law. For further information on
how this action complies with
applicable executive orders and
statutory provisions, please see the
proposed rule published in the
September 16, 2019 Federal Register at
84 FR 48573. 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
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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 February 14, 2020.
List of Subjects
40 CFR Part 281
Environmental protection,
Administrative practice and procedure,
Petroleum, Hazardous substances, State
program approval, Underground storage
tanks, and Reporting and recordkeeping
requirements.
40 CFR Part 282
Environmental protection,
Administrative practice and procedure,
Petroleum, Hazardous substances,
Incorporation by reference, State
program approval, Underground storage
tanks, and Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of Sections 2002(a), 7004(b), 9004,
9005 and 9006 of the Solid Waste Disposal
Act, as amended, 42 U.S.C. 6912(a), 6974(b),
6991c, 6991d, and 6991e.
Mary S. Walker,
Regional Administrator, Region 4.
For the reasons set forth in the
preamble, EPA is amending 40 CFR part
282 as follows:
PART 282—APPROVED
UNDERGROUND STORAGE TANK
PROGRAMS
1. The authority citation for part 282
continues to read as follows:
■
Authority: 42 U.S.C. 6912, 6991c, 6991d,
and 6991e.
■
2. Revise § 282.60 to read as follows:
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§ 282.60 Georgia State-Administered
Program.
(a) History of the approval of
Georgia’s Program. The State of Georgia
is approved to administer and enforce
an underground storage tank program in
lieu of the federal program under
subtitle I of the Resource Conservation
and Recovery Act of 1976 (RCRA), as
amended, 42 U.S.C. 6991 et seq. The
State’s program, as administered by the
Georgia Department of Natural
Resources, Environmental Protection
Division, was approved by EPA
pursuant to 42 U.S.C. 6991c and part
281 of this Chapter. EPA approved the
Georgia program on May 10, 1991 and
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it was effective on July 9, 1991. A
subsequent program revision was
approved by EPA and became effective
on February 14, 2020.
(b) Enforcement authority. Georgia
has primary responsibility for
administering and enforcing its
federally approved underground storage
tank program. However, EPA retains the
authority to exercise its corrective
action, inspection, and enforcement
authorities under sections 9003(h),
9005, and 9006 of subtitle I of RCRA, 42
U.S.C. 6991b(h), 6991d, and 6991e, as
well as under any other applicable
statutory and regulatory provisions.
(c) Retention of program approval. To
retain program approval, Georgia must
revise its approved program to adopt
new changes to the federal subtitle I
program which make it more stringent,
in accordance with section 9004 of
RCRA, 42 U.S.C. 6991c, and 40 CFR part
281, subpart E. If Georgia obtains
approval for revised requirements
pursuant to section 9004 of RCRA, 42
U.S.C. 6991c, the newly approved
statutory and regulatory provisions will
be added to this subpart and notice of
any change will be published in the
Federal Register.
(d) Final approval. Georgia has final
approval for the following elements of
its underground storage tank program
originally submitted to EPA and
approved effective July 9, 1991, and the
program revisions approved by EPA
effective on February 14, 2020.
(1) State statutes and regulations—(i)
Incorporation by reference. The Georgia
materials cited in this paragraph, and
listed in appendix A to part 282, are
incorporated by reference as part of the
underground storage tank program
under subtitle I of RCRA, 42 U.S.C. 6991
et seq. The Director of the Federal
Register approves this incorporation by
reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may
obtain copies of the Georgia statutes that
are incorporated by reference in this
paragraph from LexisNexis, Attn:
Official Code of Georgia Annotated, 701
East Water Street, Charlottesville, VA
22902–5389; Phone number: 1–800–
833–9844; website: https://sos.ga.gov/
index.php/elections/georgia_code_-_
lexisnexis. You may obtain copies of the
Georgia regulations that are
incorporated by reference in this
paragraph from the Administrative
Procedures Division, Office of the
Georgia Secretary of State, 5800
Jonesboro Road, Morrow, Georgia
30260; Phone number: (678) 364–3785;
website: https://rules.sos.ga.gov/gac/3913-15. You may inspect all approved
material at the EPA Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303;
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Phone number: (404) 562–9900; or the
National Archives and Records
Administration (NARA). For
information on the availability of the
material at NARA, email fedreg.legal@
nara.gov or go to www.archives.gov/
federal-register/cfr/ibr-locations.html.
(A) ‘‘Georgia Statutory Requirements
Applicable to the UST Program’’, dated
August 2019.
(B) ‘‘Georgia Regulatory Requirements
Applicable to the UST Program’’, dated
August 2019.
(ii) Legal basis. The EPA evaluated the
following statutes and regulations
which provide the legal basis for the
State’s implementation of the
underground storage tank program, but
they are not being incorporated by
reference and do not replace federal
authorities:
(A) Official Code of Georgia
Annotated (2017), Title 12.
‘‘Conservation and Natural Resources,’’
Chapter 13, ‘‘Georgia Underground
Storage Tank Act’’: Sections 12–13–5;
12–13–6; 12–13–8; 12–13–11(a) and (f);
12–13–14 through 12–13–17; and 12–
13–19 through 12–3–22.
(B) Rules and Regulations of the State
of Georgia (November 6, 2017),
Department 391. ‘‘Rules of the Georgia
Department of Natural Resources,’’
Chapter 3, ‘‘Environmental Protection,’’
Subject 15, ‘‘Underground Storage Tank
Management’’: Sections 391–3–15–
.01(2) and 391–3–15–.14.
(iii) Other Provisions not incorporated
by reference. The following specifically
identified sections and rules applicable
to the Georgia underground storage tank
program that are broader in scope than
the federal program or external to the
state UST program approval
requirements are not part of the
approved program, and are not
incorporated by reference herein:
(A) Official Code of Georgia
Annotated (2017), Title 12:
‘‘Conservation and Natural Resources,’’
Chapter 13, ‘‘Georgia Underground
Storage Tank Act’’: Sections 12–13–3(8)
and (16); 12–13–7; 12–13–9(d) through
(i); 12–13–10; 12–13–11(b) through (e);
12–13–12; 12–13–13(e), and 12–13–18.
(B) Rules and Regulations of the State
of Georgia (November 6, 2017),
Department 391: ‘‘Rules of the Georgia
Department of Natural Resources,’’
Chapter 3, ‘‘Environmental Protection,’’
Subject 15, ‘‘Underground Storage Tank
Management’’: Sections 391–3–15–
.01(1); 391–3–15–.03(1)(a), (g), (i), and
(p) through (r); 391–3–15–.04; 391–3–
15–.05(4); 391–3–15–.09(5) and (7);
391–15–3–.12(3); 391–3–15–.13; and
391–3–15–.15.
(2) Statement of legal authority. The
Attorney General’s Statement, signed by
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the Attorney General on June 12, 2018,
though not incorporated by reference, is
referenced as part of the approved
underground storage tank program
under subtitle I of RCRA, 42 U.S.C. 6991
et seq.
(3) Demonstration of procedures for
adequate enforcement. The
‘‘Demonstration of Procedures for
Adequate Enforcement’’ submitted as
part of Georgia’s application on August
8, 2018, though not incorporated by
reference, is referenced as part of the
approved underground storage tank
program under subtitle I of RCRA, 42
U.S.C. 6991 et seq.
(4) Program description. The Program
Description submitted as part of
Georgia’s application on August 8, 2018,
though not incorporated by reference, is
referenced as part of the approved
underground storage tank program
under subtitle I of RCRA, 42 U.S.C. 6991
et seq.
(5) Memorandum of Agreement. The
Memorandum of Agreement between
EPA Region 4 and the Georgia
Environmental Protection Division,
signed by EPA Regional Administrator
on October 12, 2018, though not
incorporated by reference, is referenced
as part of the approved underground
storage tank program under subtitle I of
RCRA, 42 U.S.C. 6991 et seq.
■ 3. Appendix A to part 282 is amended
by revising the entry for Georgia to read
as follows:
Appendix A to Part 282—State
Requirements Incorporated by
Reference in Part 282 of the Code of
Federal Regulations
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*
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*
Section 391–3–15–.03 Definitions, except
(1)(a), (1)(g), (1)(i), and (1)(p) through (r).
Section 391–3–15–.05 UST Systems:
Design, Construction, Installation, and
Notification, except (4).
Section 391–3–15–.06 General Operating
Requirements.
Section 391–3–15–.07 Release Detection.
Section 391–3–15–.08 Release Reporting,
Investigation, and Confirmation.
Section 391–3–15–.09 Release Response
and Corrective Action for UST Systems
Containing Petroleum, except (5) and (7).
Section 391–3–15–.10 Release Response
and Corrective Action for UST Systems
Containing Hazardous Substances.
Section 391–3–15–.11 Out-of-Service
UST Systems and Closure.
Section 391–3–15–.12 Underground
Storage Tanks Containing Petroleum;
Financial Responsibility Requirements,
except (3).
Section 391–3–15–.16 Operator Training.
Section 391–3–15–.17 Airport Hydrant
Systems and Field Constructed Tanks.
(c) Copies of the Georgia statutes that are
incorporated by reference are available from
LexisNexis, Attn: Official Code of Georgia
Annotated, 701 East Water Street,
Charlottesville, VA 22902–5389; Phone
number: 1–800–833–9844; website: https://
sos.ga.gov/index.php/elections/georgia_
code_-_lexisnexis. Copies of the Georgia
regulations that are incorporated by reference
are available from the Administrative
Procedures Division, Office of the Georgia
Secretary of State, 5800 Jonesboro Road,
Morrow, Georgia 30260; Phone number: (678)
364–3785; website: https://rules.sos.ga.gov/
gac/391-3-15.
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[FR Doc. 2020–02254 Filed 2–13–20; 8:45 am]
BILLING CODE 6560–50–P
*
Georgia
(a) The statutory provisions include:
Official Code of Georgia Annotated (2017),
Title 12: ‘‘Conservation and Natural
Resources,’’ Chapter 13, ‘‘Georgia
Underground Storage Tank Act’’:
Section 12–13–1 Short title.
Section 12–13–2 Public policy.
Section 12–13–3 Definitions, except (8)
and (16).
Section 12–13–4 Exceptions to chapter.
Section 12–13–9 Establishing financial
responsibility; claims against the guarantor;
Underground Storage Tank Trust Fund,
except (d) through (i).
Section 12–13–13 Notification by owner
of underground storage tank, except (e).
(b) The regulatory provisions include:
Rules and Regulations of the State of Georgia
(November 6, 2017), Department 391: ‘‘Rules
of the Georgia Department of Natural
Resources,’’ Chapter 3, ‘‘Environmental
Protection,’’ Subject 15, ‘‘Underground
Storage Tank Management’’:
Section 391–3–15–.01(3) General
Provisions
Section 391–3–15–.02 UST Exclusions.
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 410
[CMS–1717–F3]
RIN–0938–AT74
Medicare Program: Changes to
Hospital Outpatient Prospective
Payment and Ambulatory Surgical
Center Payment Systems and Quality
Reporting Programs; Revisions of
Organ Procurement Organizations
Conditions of Coverage; Prior
Authorization Process and
Requirements for Certain Covered
Outpatient Department Services;
Potential Changes to the Laboratory
Date of Service Policy; Changes to
Grandfathered Children’s HospitalsWithin-Hospitals; Notice of Closure of
Two Teaching Hospitals and
Opportunity To Apply for Available
Slots; Correcting Amendment
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Correcting amendment.
AGENCY:
In the November 12, 2019
issue of the Federal Register, we
published a final rule with comment
period that made changes to the
conditions for therapeutic outpatient
hospital or CAH services and supplies
incident to a physician’s or
nonphysician practitioner’s service.
This correcting amendment corrects a
technical error in the regulations
resulting from an error in that final rule
with comment period.
DATES: This correcting amendment is
effective February 14, 2020 and is
applicable beginning January 1, 2020.
FOR FURTHER INFORMATION CONTACT:
Supervision of Outpatient Therapeutic
Services in Hospitals and CAHs, contact
Josh McFeeters via email at
Joshua.McFeeters@cms.hhs.gov or at
(410) 786–9732.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
In FR Doc. 2019–24138 of November
12, 2019 (84 FR 61142), ‘‘Medicare
Program: Changes to Hospital
Outpatient Prospective Payment and
Ambulatory Surgical Center Payment
Systems and Quality Reporting
Programs; Revisions of Organ
Procurement Organizations Conditions
of Coverage; Prior Authorization Process
and Requirements for Certain Covered
Outpatient Department Services;
Potential Changes to the Laboratory Date
Frm 00103
Fmt 4700
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]]>Agencies
[Federal Register Volume 85, Number 31 (Friday, February 14, 2020)]
[Rules and Regulations]
[Pages 8472-8475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02254]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 281 and 282
[EPA-R04-UST-2019-0310; FRL-10004-27-Region 4]
Georgia: Final Approval and Incorporation by Reference of State
Underground Storage Tank Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is granting the
State of Georgia (Georgia or State) final approval of revisions to its
underground storage tank (UST) program pursuant to the Resource
Conservation and Recovery Act (RCRA). In addition, the EPA is codifying
EPA's approval of Georgia's revised UST program and incorporating by
reference those provisions of the State statutes and regulations that
the EPA has determined meet the requirements for approval. EPA
published a proposed rule on September 16, 2019 and provided for public
comment. No comments were received on the EPA's proposed approval of
Georgia's UST program revisions. No further opportunity for comment
will be provided.
DATES: This final rule is effective February 14, 2020. The
incorporation by reference of certain publications listed in the
regulations is approved by the Director of the Federal Register, as of
February 14, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R04-UST-2019-0310. All documents in the docket are
listed on the https://www.regulations.gov website. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly
[[Page 8473]]
available only in hard copy form. Publicly available docket materials
are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Aaryn Jones, RCRA Programs and Cleanup
Branch, Land, Chemicals and Redevelopment Division, U.S. Environmental
Protection Agency, Region 4, Atlanta Federal Center, 61 Forsyth Street
SW, Atlanta, Georgia 30303-8960; Phone number: (404) 562-8969; email
address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Georgia's UST Program
A. What changes to Georgia's UST program is EPA approving with this
action?
On August 8, 2018, in accordance with 40 CFR 281.51(a), Georgia
submitted a complete program revision application (State Application)
seeking approval of changes to its UST program. EPA now makes a final
decision that Georgia's UST program revisions are no less stringent
than the corresponding Federal program. Therefore, the EPA grants
Georgia final approval to operate its UST program with the changes
described in the State Application and as outlined in the proposed rule
published in the September 16, 2019 Federal Register at 84 FR 48573.
Although no comments were received on the EPA's proposed approval of
Georgia's UST program revisions, the EPA noticed an error in the date
of the Georgia statutory and regulatory materials listed in the
proposed regulatory text at 40 CFR 282.60(d)(1)(i). The date of these
materials was improperly listed as August 2018. The EPA has corrected
the date in the final regulatory text to August 2019. The State's
federally-approved and codified 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.
II. Codification
A. What is codification?
Codification is the process of placing citations and references to
a state's statutes and regulations that comprise a state's approved UST
program into the Code of Federal Regulations (CFR). The EPA codifies
its approval of state programs in 40 CFR part 282 and incorporates by
reference state statutes and regulations that the EPA can enforce,
after the approval is final, under sections 9005 and 9006 of RCRA, and
any other applicable statutory provisions. The incorporation by
reference of EPA-approved state programs in the CFR should
substantially enhance the public's ability to discern the status of the
approved state UST program and state requirements that can be federally
enforced. This effort provides clear notice to the public of the scope
of the approved program in each state.
B. What is the history of codification of Georgia's UST program?
In 1996, the EPA incorporated by reference and codified Georgia's
approved UST program at 40 CFR 282.60 (61 FR 4224, February 5, 1996).
Through this action, the EPA is amending 40 CFR 282.60 to incorporate
by reference and codify Georgia's revised UST program.
C. What codification decisions is the EPA making in this rule?
In this rule, the EPA is finalizing regulatory text that
incorporates by reference the federally approved Georgia UST program,
including the revisions described in the State Application. In
accordance with the requirements of 1 CFR 51.5, the EPA is
incorporating by reference Georgia's statutes and regulations as
described in the amendments to 40 CFR part 282 set forth below. These
documents are available through https://www.regulations.gov and at the
EPA Region 4 office (see the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
Specifically, in Section 282.60(d)(1)(i), the EPA is incorporating
by reference the Georgia-approved UST program. Section 282.60(d)(1)(ii)
identifies the State's statutes and regulations that are part of the
approved State program, although not incorporated by reference for
enforcement purposes. Section 282.60(d)(2) through (d)(5) reference the
Attorney General's Statement, Demonstration of Adequate Enforcement
Procedures, the Program Description, and the Memorandum of Agreement,
which are part of the State Application and approved as part of the UST
program under subtitle I of RCRA.
D. What is the effect of the EPA's codification of the federally
approved Georgia UST program on enforcement?
The EPA retains the authority under sections 9003(h), 9005, and
9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d, and 6991e, and
other applicable statutory and regulatory provisions, to undertake
corrective action, inspections, and enforcement actions, and to issue
orders in approved states. If the EPA determines it will take such
actions in Georgia, the EPA will rely on federal sanctions, federal
inspection authorities, and other federal procedures rather than the
State analogs. Therefore, the EPA is not incorporating by reference
Georgia's procedural and enforcement authorities, although they are
listed in 40 CFR 282.60(d)(1)(ii).
E. What State provisions are not part of the codification?
Some provisions of the State's UST program are not part of the
federally approved State program because they are ``broader in scope''
than the federal UST program. 40 CFR 281.12(a)(3)(ii) states that,
where an approved state program has provisions that are broader in
scope than the federal program, those provisions are not a part of the
federally approved program. As a result, State provisions which are
``broader in scope'' than the federal program are not incorporated by
reference for purposes of enforcement in part 282. In addition,
provisions that are external to the State UST program approval
requirements, but included in the State Application, are also being
excluded from incorporation by reference in part 282. For reference and
clarity, 40 CFR 282.60(d)(1)(iii) lists the Georgia statutory and
regulatory provisions which are ``broader in scope'' than the federal
program and external to state UST program approval requirements. These
provisions are, therefore, not part of the approved program that the
EPA is codifying. Although these provisions cannot be enforced by the
EPA, the State will continue to implement and enforce such provisions
under State law.
III. Statutory and Executive Order (E.O.) Reviews
This final action merely approves and codifies Georgia's revised
UST program requirements pursuant to RCRA section 9004 and does not
impose additional requirements other than those imposed by State law.
For further information on how this action complies with applicable
executive orders and statutory provisions, please see the proposed rule
published in the September 16, 2019 Federal Register at 84 FR 48573.
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
[[Page 8474]]
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 February 14, 2020.
List of Subjects
40 CFR Part 281
Environmental protection, Administrative practice and procedure,
Petroleum, Hazardous substances, State program approval, Underground
storage tanks, and Reporting and recordkeeping requirements.
40 CFR Part 282
Environmental protection, Administrative practice and procedure,
Petroleum, Hazardous substances, Incorporation by reference, State
program approval, Underground storage tanks, and Reporting and
recordkeeping requirements.
Authority: This action is issued under the authority of Sections
2002(a), 7004(b), 9004, 9005 and 9006 of the Solid Waste Disposal
Act, as amended, 42 U.S.C. 6912(a), 6974(b), 6991c, 6991d, and
6991e.
Mary S. Walker,
Regional Administrator, Region 4.
For the reasons set forth in the preamble, EPA is amending 40 CFR
part 282 as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
0
1. The authority citation for part 282 continues to read as follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
0
2. Revise Sec. 282.60 to read as follows:
Sec. 282.60 Georgia State-Administered Program.
(a) History of the approval of Georgia's Program. The State of
Georgia is approved to administer and enforce an underground storage
tank program in lieu of the federal program under subtitle I of the
Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42
U.S.C. 6991 et seq. The State's program, as administered by the Georgia
Department of Natural Resources, Environmental Protection Division, was
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this
Chapter. EPA approved the Georgia program on May 10, 1991 and it was
effective on July 9, 1991. A subsequent program revision was approved
by EPA and became effective on February 14, 2020.
(b) Enforcement authority. Georgia has primary responsibility for
administering and enforcing its federally approved underground storage
tank program. However, EPA retains the authority to exercise its
corrective action, inspection, and enforcement authorities under
sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C.
6991b(h), 6991d, and 6991e, as well as under any other applicable
statutory and regulatory provisions.
(c) Retention of program approval. To retain program approval,
Georgia must revise its approved program to adopt new changes to the
federal subtitle I program which make it more stringent, in accordance
with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281,
subpart E. If Georgia obtains approval for revised requirements
pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved
statutory and regulatory provisions will be added to this subpart and
notice of any change will be published in the Federal Register.
(d) Final approval. Georgia has final approval for the following
elements of its underground storage tank program originally submitted
to EPA and approved effective July 9, 1991, and the program revisions
approved by EPA effective on February 14, 2020.
(1) State statutes and regulations--(i) Incorporation by reference.
The Georgia materials cited in this paragraph, and listed in appendix A
to part 282, are incorporated by reference as part of the underground
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
The Director of the Federal Register approves this incorporation by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may
obtain copies of the Georgia statutes that are incorporated by
reference in this paragraph from LexisNexis, Attn: Official Code of
Georgia Annotated, 701 East Water Street, Charlottesville, VA 22902-
5389; Phone number: 1-800-833-9844; website: https://sos.ga.gov/index.php/elections/georgia_code_-_lexisnexis. You may obtain copies of
the Georgia regulations that are incorporated by reference in this
paragraph from the Administrative Procedures Division, Office of the
Georgia Secretary of State, 5800 Jonesboro Road, Morrow, Georgia 30260;
Phone number: (678) 364-3785; website: https://rules.sos.ga.gov/gac/391-3-15. You may inspect all approved material at the EPA Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303; Phone number: (404) 562-
9900; or the National Archives and Records Administration (NARA). For
information on the availability of the material at NARA, email
[email protected] or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
(A) ``Georgia Statutory Requirements Applicable to the UST
Program'', dated August 2019.
(B) ``Georgia Regulatory Requirements Applicable to the UST
Program'', dated August 2019.
(ii) Legal basis. The EPA evaluated the following statutes and
regulations which provide the legal basis for the State's
implementation of the underground storage tank program, but they are
not being incorporated by reference and do not replace federal
authorities:
(A) Official Code of Georgia Annotated (2017), Title 12.
``Conservation and Natural Resources,'' Chapter 13, ``Georgia
Underground Storage Tank Act'': Sections 12-13-5; 12-13-6; 12-13-8; 12-
13-11(a) and (f); 12-13-14 through 12-13-17; and 12-13-19 through 12-3-
22.
(B) Rules and Regulations of the State of Georgia (November 6,
2017), Department 391. ``Rules of the Georgia Department of Natural
Resources,'' Chapter 3, ``Environmental Protection,'' Subject 15,
``Underground Storage Tank Management'': Sections 391-3-15-.01(2) and
391-3-15-.14.
(iii) Other Provisions not incorporated by reference. The following
specifically identified sections and rules applicable to the Georgia
underground storage tank program that are broader in scope than the
federal program or external to the state UST program approval
requirements are not part of the approved program, and are not
incorporated by reference herein:
(A) Official Code of Georgia Annotated (2017), Title 12:
``Conservation and Natural Resources,'' Chapter 13, ``Georgia
Underground Storage Tank Act'': Sections 12-13-3(8) and (16); 12-13-7;
12-13-9(d) through (i); 12-13-10; 12-13-11(b) through (e); 12-13-12;
12-13-13(e), and 12-13-18.
(B) Rules and Regulations of the State of Georgia (November 6,
2017), Department 391: ``Rules of the Georgia Department of Natural
Resources,'' Chapter 3, ``Environmental Protection,'' Subject 15,
``Underground Storage Tank Management'': Sections 391-3-15-.01(1); 391-
3-15-.03(1)(a), (g), (i), and (p) through (r); 391-3-15-.04; 391-3-
15-.05(4); 391-3-15-.09(5) and (7); 391-15-3-.12(3); 391-3-15-.13; and
391-3-15-.15.
(2) Statement of legal authority. The Attorney General's Statement,
signed by
[[Page 8475]]
the Attorney General on June 12, 2018, though not incorporated by
reference, is referenced as part of the approved underground storage
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of Georgia's application on August 8, 2018, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
(4) Program description. The Program Description submitted as part
of Georgia's application on August 8, 2018, though not incorporated by
reference, is referenced as part of the approved underground storage
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 4 and the Georgia Environmental Protection Division, signed
by EPA Regional Administrator on October 12, 2018, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
0
3. Appendix A to part 282 is amended by revising the entry for Georgia
to read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Georgia
(a) The statutory provisions include: Official Code of Georgia
Annotated (2017), Title 12: ``Conservation and Natural Resources,''
Chapter 13, ``Georgia Underground Storage Tank Act'':
Section 12-13-1 Short title.
Section 12-13-2 Public policy.
Section 12-13-3 Definitions, except (8) and (16).
Section 12-13-4 Exceptions to chapter.
Section 12-13-9 Establishing financial responsibility; claims
against the guarantor; Underground Storage Tank Trust Fund, except
(d) through (i).
Section 12-13-13 Notification by owner of underground storage
tank, except (e).
(b) The regulatory provisions include: Rules and Regulations of
the State of Georgia (November 6, 2017), Department 391: ``Rules of
the Georgia Department of Natural Resources,'' Chapter 3,
``Environmental Protection,'' Subject 15, ``Underground Storage Tank
Management'':
Section 391-3-15-.01(3) General Provisions
Section 391-3-15-.02 UST Exclusions.
Section 391-3-15-.03 Definitions, except (1)(a), (1)(g), (1)(i),
and (1)(p) through (r).
Section 391-3-15-.05 UST Systems: Design, Construction,
Installation, and Notification, except (4).
Section 391-3-15-.06 General Operating Requirements.
Section 391-3-15-.07 Release Detection.
Section 391-3-15-.08 Release Reporting, Investigation, and
Confirmation.
Section 391-3-15-.09 Release Response and Corrective Action for
UST Systems Containing Petroleum, except (5) and (7).
Section 391-3-15-.10 Release Response and Corrective Action for
UST Systems Containing Hazardous Substances.
Section 391-3-15-.11 Out-of-Service UST Systems and Closure.
Section 391-3-15-.12 Underground Storage Tanks Containing
Petroleum; Financial Responsibility Requirements, except (3).
Section 391-3-15-.16 Operator Training.
Section 391-3-15-.17 Airport Hydrant Systems and Field
Constructed Tanks.
(c) Copies of the Georgia statutes that are incorporated by
reference are available from LexisNexis, Attn: Official Code of
Georgia Annotated, 701 East Water Street, Charlottesville, VA 22902-
5389; Phone number: 1-800-833-9844; website: https://sos.ga.gov/index.php/elections/georgia_code_-_lexisnexis. Copies of the Georgia
regulations that are incorporated by reference are available from
the Administrative Procedures Division, Office of the Georgia
Secretary of State, 5800 Jonesboro Road, Morrow, Georgia 30260;
Phone number: (678) 364-3785; website: https://rules.sos.ga.gov/gac/391-3-15.
* * * * *
[FR Doc. 2020-02254 Filed 2-13-20; 8:45 am]
BILLING CODE 6560-50-P
