41802 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Proposed Rules 
petitions for administrative 
reconsideration. In response, EPA agreed to reconsider the Effluent Guidelines for two wastestreams (flue gas desulfurization and bottom ash transport water) and the Steam Electric Reconsideration Rule was published in October 2020. 
On January 20, 2021, President Biden 
signed Executive Order 13990 directing federal agencies to review rules issued in the prior four years that are, or may be, inconsistent with the policy stated in the Order. 86 FR 7037. The Order provides that ‘‘[i]t is, therefore, the policy of my Administration to listen to the science; to improve public health and protect our environment; to ensure access to clean air and water; to limit exposure to dangerous chemicals and pesticides; to hold polluters accountable, including those who disproportionately harm communities of color and low-income communities; to reduce greenhouse gas emissions; to bolster resilience to the impacts of climate change; to restore and expand our national treasures and monuments; and to prioritize both environmental justice and the creation of the well- paying union jobs necessary to deliver on these goals.’’ Id. at 7037, Section 1. 
The Order ‘‘directs all executive departments and agencies (agencies) to immediately review and, as appropriate and consistent with applicable law, take action to address the promulgation of Federal regulations and other actions during the last 4 years that conflict with these important national objectives, and to immediately commence work to confront the climate crisis.’’ Id. ‘‘For any 
such actions identified by the agencies, the heads of agencies shall, as appropriate and consistent with applicable law, consider suspending, revising, or rescinding the agency actions.’’ Id. at 7037, Section 2(a). The 
2020 Steam Electric Reconsideration Rule was identified for review under the Executive Order. See Fact Sheet: List of 
Agency Actions for Review, available at https://www.whitehouse.gov/briefing- room/statements-releases/2021/01/20/ fact-sheet-list-of-agency-actions-for- review/ (last visited on April 26, 2021). 
EPA has completed its review of the 
2020 Steam Electric Reconsideration Rule under Executive Order 13990 and 
has decided to initiate a notice-and- comment rulemaking in which the Agency will determine whether more stringent limitations and standards are appropriate consistent with the technology-forcing statutory scheme and the goals of the Clean Water Act. 
EPA’s review found that much of the 
2015 steam electric rule remains in place—leading to better control of water pollution from power plants than 
required by the previously applicable rules. The 2015 rule also had the effect of reducing the cost of controls (e.g., biological treatment systems and membrane treatment systems), which are now being utilized by the power sector. While the Agency undertakes this new rulemaking, facilities will continue to be subject to the requirements of the 2015 Rule, as amended by the 2020 Rule, which are currently effective. As a result, the pollutant reductions accomplished by the existing Rules will occur while the Agency engages in rulemaking to consider more stringent requirements. 
EPA’s review under Executive Order 
13990 also found that membrane treatment systems continue to rapidly advance as an effective option for treating a wide variety of industrial wastewater. EPA expects this technology to continue to advance, and EPA will evaluate whether this technology should serve as the basis for the ‘‘best available technology economically achievable’’ under the Clean Water Act to control discharges of pollutants found in flue gas desulfurization wastewater discharges as part of the new rulemaking, in addition to considering whether revisions to the 2020 Rule’s requirements applicable to bottom ash transport water and the three subcategories, which are afforded less stringent limits than those otherwise applicable under the Rule, may be warranted. 
EPA expects permitting authorities to 
continue to implement the current regulations while the Agency undertakes a new rulemaking. EPA will determine whether more stringent limitations than those in the 2020 Rule appropriately reflect ‘‘best available technology economically achievable.’’ EPA will undertake this rulemaking in accordance with the requirements specified in the Administrative Procedures Act and the Clean Water Act, as required by law. 
Radhika Fox, 
Assistant Administrator. 
[FR Doc. 2021–16354 Filed 7–30–21; 4:15 pm] 
BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 705 
[EPA–HQ–OPPT–2020–0549; FRL–7902–03– 
OCSPP] 
RIN 2070–AK67 
TSCA Section 8(a)(7) Reporting and 
Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances; Extension of Comment Period 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Proposed rule; extension of 
comment period. 
SUMMARY : EPA issued a proposed rule in 
the Federal Register of June 28, 2021, 
concerning reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA). This document extends the comment period for 31 days, from August 27, 2021 to September 27, 2021. An extension of the comment period was requested by some stakeholders to allow interested parties additional time to thoroughly review and analyze the proposed rule’s scope and its supporting documents. EPA agrees that a 30-day extension of the comment period is warranted and will respond to comments, including ICR-related comments, in the final rule. Thirty days from August 27, 2021, is September 26, 2021, which is a Sunday; therefore, EPA is extending the comment period to the following Monday, September 27, 2021. 
DATES : Comments must be received on 
or before September 27, 2021. 
ADDRESSES : Submit your comments, 
identified by docket identification (ID) number EPA–HQ–OPPT–2020–0549, using the Federal eRulemaking Portal at http://www.regulations.gov. Follow the 
online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. 
Due to the public health concerns 
related to COVID–19, the EPA Docket Center (EPA/DC) and Reading Room is closed to visitors with limited exceptions. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC services and docket access, visit https:// 
www.epa.gov/dockets. 
FOR FURTHER INFORMATION CONTACT : For 
technical information contact: Stephanie Griffin, Data Gathering and 
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Analysis Division, Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 564–1463; email address: griffin.stephanie@epa.gov. 
For general information contact: The 
TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; email address: TSCA-Hotline@epa.gov. 
SUPPLEMENTARY INFORMATION : This 
document extends the public comment period established in the Federal Register document of June 28, 2021 (86 
FR 33926) (FRL–10017–78). In that document, EPA proposed a one-time reporting and recordkeeping rule for certain manufacturers (including importers) of PFAS in any year since January 1, 2011. EPA is hereby extending the comment period, which was set to end on August 27, 2021, to September 27, 2021. 
If you have questions, consult the 
technical person listed under 
FOR 
FURTHER INFORMATION CONTACT . 
List of Subjects in 40 CFR Part 705 
Chemicals, Environmental protection, 
Hazardous Materials, Recordkeeping, and Reporting Requirements. 
Dated: July 28, 2021. 
Michal Freedhoff, 
Assistant Administrator, Office of Chemical 
Safety and Pollution Prevention. 
[FR Doc. 2021–16490 Filed 8–2–21; 8:45 am] 
BILLING CODE 6560–50–P 
DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 
Centers for Medicare & Medicaid 
Services 
42 CFR Part 447 
[CMS–2444–P] 
RIN 0938–AU73 
Medicaid Program; Reassignment of 
Medicaid Provider Claims 
AGENCY : Centers for Medicare & 
Medicaid Services (CMS), HHS. 
ACTION : Proposed rule. 
SUMMARY : This proposed rule would 
reinterpret the scope of the general requirement that state payments for Medicaid services under a state plan must be made directly to the individual practitioner providing services, in the case of a class of practitioners for which the Medicaid program is the primary source of revenue. Specifically, this proposal, if finalized, would explicitly authorize states to make payments to third parties to benefit individual practitioners by ensuring health and welfare benefits, training, and other benefits customary for employees, if the practitioner consents to such payments to third parties on the practitioner’s behalf. 
DATES : To be assured consideration, 
comments must be received at one of the addresses provided below, by September 28, 2021. 
ADDRESSES : In commenting, please refer 
to file code CMS–2444–P. 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 http://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–2444–P, P.O. Box 8016, Baltimore, MD 21244–8016. 
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–2444–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. 
FOR FURTHER INFORMATION CONTACT : 
Christopher Thompson, (410) 786–4044. 
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: http://www.regulations.gov. Follow the search 
instructions on that website to view public comments. CMS will not post on Regulations.gov public comments that 
make threats to individuals or institutions or suggest that the individual will take actions to harm the individual. CMS continues to encourage individuals not to submit duplicative comments. We will post acceptable comments from multiple unique commenters even if the content is identical or nearly identical to other comments. 
I. Background A. Prohibition on Payment 
Reassignment 
The Medicaid program was 
established by Congress in 1965 to provide health care services for low- income and disabled beneficiaries. Section 1902(a)(32) of the Social Security Act (the Act) imposes certain requirements on how states may make payments for services furnished to Medicaid beneficiaries. Section 1902(a)(32) of the Act provides that generally no payment under the plan for any care or service provided to an individual shall be made to anyone other than such individual or the person or institution providing such care or service, under an assignment, power of attorney, or otherwise. This prohibition is followed by four enumerated exceptions. On September 29, 1978, CMS codified these exceptions under 42 CFR 447.10, the regulations implementing section 1902(a)(32) of the Act, in the ‘‘Payment for Services’’ final rule (43 FR 45253). The 1978 final rule simply reorganized and redesignated existing Medicaid regulations at § 449.31. Since the 1990s, we have mostly understood this provision as governing only assignments and other similar Medicaid reimbursement arrangements. 
Consistent with this understanding, 
from 2012 to 2014, we engaged in rulemaking to make it explicit that section 1902(a)(32) of the Act did not apply to certain payments made by the state Medicaid program on behalf and for the benefit of individual Medicaid practitioners whose primary source of revenue is the state Medicaid program. We finalized this regulation in the ‘‘State Plan Home and Community Based Services, 5-Year for Waivers, Provider Payment Reassignment, and Home and Community-Based Setting Requirements for Community First Choice and Home and Community Based Services (HCBS) Waivers’’ final rule published in the January 16, 2014 Federal Register (79 FR 2948 through 2949, 3001 through 3003, and 3039) (hereinafter referred to as the ‘‘2014 final rule’’). In that rulemaking, we reasoned that this policy was permitted by the statute because the apparent purpose of section 1902(a)(32) of the Act was to prohibit factoring arrangements, the practice by which providers sold reimbursement claims for a percentage 
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