4160 Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations 

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 

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 20, 2022. 

Marietta Echeverria, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter 1 as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.532, amend the table in 

paragraph (a)(1) by: 

■ a. Designating the table as Table 1; 

■ b. Removing the entry for ‘‘Brassica, 

head and stem, subgroup 5A’’. 

■ c. Adding in alphabetical order the 

entry ‘‘Brassica, leafy greens, subgroup 

4–16B’’. 

■ d. Removing the entry for ‘‘Brassica, 

leafy greens, subgroup 5B’’. 

■ e. Adding in alphabetical order the 

entries ‘‘Celtuce’’; ‘‘Fennel, Florence, 

fresh leaves and stalk’’ and ‘‘Kohlrabi’’. 

■ f. Removing the entry for ‘‘Leaf 

petioles subgroup 4B’’. 

■ g. Adding in alphabetical order the 

entry ‘‘Leaf petiole vegetable subgroup 

22B’’. 

■ h. Removing the entry for ‘‘Leafy 

greens subgroup 4A’’. 

■ i. Adding in alphabetical order the 

entry ‘‘Leafy greens subgroup 4–16A, 

except parsley, fresh leaves’’. 

■ j. Removing the entries for ‘‘Lemon’’ 

and ‘‘Lime’’. 

■ k. Adding in alphabetical order the 

entry ‘‘Lemon/lime subgroup 10–10B’’. 

■ l. Removing the entries for ‘‘Longan’’; 

‘‘Lychee’’; and ‘‘Spanish lime’’. 

■ m. Adding in alphabetical order the 

entries ‘‘Sugar apple’’; and ‘‘Tropical 

and subtropical, small fruit, inedible 

peel, subgroup 24A’’. 

■ n. Removing the entry for ‘‘Turnip, 

greens’’. 

■ o. Adding in alphabetical order the 

entry ‘‘Vegetable, Brassica, head and 

stem, group 5–16’’. 

The additions read as follows: 

§ 180.532 Cyprodinil; tolerances for 

residues. 

(a) * * * 

(1) * * * 

TABLE 1 TO PARAGRAPH (a)(1) 

Commodity 

Parts 

per 

million 

* * * * * 

Brassica, leafy greens, subgroup 

4–16B .......................................... 10 

TABLE 1 TO PARAGRAPH (a)(1)— 

Continued 

Commodity 

Parts 

per 

million 

* * * * * 

Celtuce ............................................ 30 

* * * * * 

Fennel, Florence, fresh leaves and 

stalk ............................................. 30 

* * * * * 

Kohlrabi ........................................... 1 

Leaf petiole vegetable subgroup 

22B .............................................. 30 

Leafy greens subgroup 4–16A, except parsley, fresh leaves ........... 50 

Lemon/lime subgroup 10–10B ....... 0.6 

* * * * * 

Sugar apple .................................... 4 

Tropical and subtropical, small fruit, 

inedible peel, subgroup 24A ....... 2 

Vegetable, Brassica, head and 

stem, group 5–16 ........................ 1 

* * * * * 

* * * * * 

[FR Doc. 2022–01439 Filed 1–26–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 282 

[EPA–R03–UST–2020–0715; FRL–8854–01– 

R3] 

District of Columbia: Final Approval of 

State Underground Storage Tank 

Program Revisions, Codification, and 

Incorporation by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Pursuant to the Solid Waste 

Disposal Act of 1965, as amended 

(commonly known as the Resource 

Conservation and Recovery Act 

(RCRA)), the Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

District of Columbia’s Underground 

Storage Tank (UST) program submitted 

by the District of Columbia (District or 

State). This action also codifies EPA’s 

approval of the District of Columbia’s 

state program and incorporates by 

reference (IBR) those provisions of the 

District’s regulations and statutes that 

EPA has determined meet the 

requirements for approval. The 

provisions will be subject to EPA’s 

inspection and enforcement authorities 


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Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations 4161 

under sections 9005 and 9006 of RCRA 

Subtitle I and other applicable statutory 

and regulatory provisions. 

DATES: This rule is effective March 28, 

2022, unless EPA receives significant 

negative comments opposing this action 

by February 28, 2022. If EPA receives 

significant negative comments opposing 

this action, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. The incorporation by 

reference of certain publications listed 

in the regulations is approved by the 

Director of the Federal Register, as of 

March 28, 2022, in accordance with 5 

U.S.C. 552(a) and 1 CFR part 51. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: thompson.khalia@epa.gov. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–UST–2020– 

0715. 

EPA’s policy is 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 website, https://

www.regulations.gov, is an ‘‘anonymous 

access’’ system, which means 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 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, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment. If EPA 

cannot read your comment due to 

technical difficulties, and cannot 

contact you for clarification, 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. EPA encourages electronic 

submittals, but if you are unable to 

submit electronically, please reach out 

to the EPA contact person listed in the 

notice for assistance. If you need 

assistance in a language other than 

English, or you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

reach out to the EPA contact person by 

email or phone. 

Docket: All documents in the docket 

are listed in the https://

www.regulations.gov index. Although 

listed in the index, some information 

might not be publicly available, e.g., CBI 

or other information whose disclosure is 

restricted by statute. Publicly available 

materials are available electronically 

through https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Khalia Thompson, (215) 814–3348, 

thompson.khalia@epa.gov, RCRA 

Programs Branch; Land, Chemicals, and 

Redevelopment Division; EPA Region 3, 

1650 Arch Street (Mailcode 3LD30), 

Philadelphia, PA 19103–2029. 

SUPPLEMENTARY INFORMATION: 

I. Approval of Revisions to the District 

of Columbia’s Underground Storage 

Tank Program 

A. Why are revisions to state programs 

necessary? 

Section 9004 of RCRA authorizes EPA 

to approve state underground storage 

tank (UST) programs to operate in lieu 

of the Federal UST program. EPA may 

approve a state program if the state 

demonstrates, pursuant to section 

9004(a), 42 U.S.C. 6991c(a), that the 

state program includes the elements set 

forth at section 9004(a)(1) through (9), 

42 U.S.C. 6991c(a)(1) through (9), and 

provides for adequate enforcement of 

compliance with UST standards (section 

9004(a), 42 U.S.C. 6991c(a)). 

Additionally, EPA must find, pursuant 

to section 9004(b), 42 U.S.C. 6991c(b), 

that the state program is ‘‘no less 

stringent’’ than the Federal program in 

the elements set forth at section 

9004(a)(1) through (7), 42 U.S.C. 

6991c(a)(1) through (7). States such as 

the District of Columbia (a jurisdiction 

recognized as a ‘‘State’’ pursuant to 

section 1004(31) of RCRA) that have 

received final UST program approval 

from EPA under section 9004 of RCRA 

must, in order to retain such approval, 

revise their approved programs when 

the controlling Federal or state statutory 

or regulatory authority is changed and 

EPA determines a revision is required. 

In 2015, EPA revised the Federal UST 

regulations and determined that states 

must revise their UST programs 

accordingly. 

B. What decisions has EPA made in this 

rule? 

On November 12, 2020, in accordance 

with 40 CFR 281.51, the District of 

Columbia submitted a complete 

program revision application seeking 

EPA approval for its UST program 

revisions (State Application). The 

District’s revisions correspond to the 

EPA final rule published on July 15, 

2015 (80 FR 41566), which revised the 

1988 UST regulations and the 1988 state 

program approval (SPA) regulations. As 

required by 40 CFR 281.20, the State 

Application contains the following: A 

transmittal letter requesting program 

approval; a description of the program 

and operating procedures; a 

demonstration of the State’s procedures 

to ensure adequate enforcement; a 

Memorandum of Agreement outlining 

the roles and responsibilities of EPA 

and the implementing agency; an 

Attorney General’s statement in 

accordance with 40 CFR 281.24 

certifying to applicable State authorities; 

and copies of all relevant State statutes 

and regulations. EPA has reviewed the 

State Application and determined that 

the revisions to the District of 

Columbia’s UST program are no less 

stringent than the corresponding 

Federal requirements in subpart C of 40 

CFR part 281, and that the District of 

Columbia’s program provides for 

adequate enforcement of compliance (40 

CFR 281.11(b)). Therefore, EPA grants 

the District of Columbia final approval 

to operate its UST program with the 

changes described in the State 

Application, and as outlined below in 

section I.G. of this preamble. 

C. What is the effect of this approval 

decision? 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations being approved by this rule 

are already effective in the District of 

Columbia, and they are not changed by 

this action. This action merely approves 

the existing State regulations as meeting 

the Federal requirements and renders 

them federally enforceable. 

D. Why is EPA using a direct final rule? 

EPA is publishing this direct final 

rule concurrently with a proposed 

rulemaking because EPA views this as a 

noncontroversial action and anticipates 

no significant negative comment. EPA is 

providing an opportunity for public 

comment now. 

E. What happens if EPA receives 

comments that oppose this action? 

Along with this direct final rule, EPA 

is publishing a separate document in the 


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4162 Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations 

‘‘Proposed Rules’’ Section of this 

Federal Register that serves as the 

proposal to approve the State’s UST 

program revisions, providing 

opportunity for public comment. If EPA 

receives significant negative comments 

that oppose this approval, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will not make any further decision on 

the approval of the State program 

changes until it considers any 

significant negative comment received 

during the comment period. EPA will 

address any significant negative 

comment in a later final rule. You may 

not have another opportunity to 

comment. If you want to comment on 

this approval, you must do so at this 

time. 

F. For what has the District of Columbia 

previously been approved? 

On July 9, 1997, the EPA finalized a 

rule approving the District of 

Columbia’s UST program, effective 

August 8, 1997 (62 FR 36698), to operate 

in lieu of the Federal program. On May 

4, 1998, EPA corrected the effective date 

to May 4, 1998 (63 FR 24453). EPA has 

not codified the District of Columbia’s 

approved program prior to this action. 

G. What changes is EPA approving with 

this action? 

On November 12, 2020, in accordance 

with 40 CFR 281.51, the District of 

Columbia submitted a complete 

application for final approval of its UST 

program revisions adopted on January 

24, 2020, effective February 21, 2020. 

EPA has reviewed the District’s UST 

program requirements and determined 

that such requirements are no less 

stringent than the Federal regulations 

and that the criteria set forth in 40 CFR 

part 281 subpart C are met. As part of 

the State Application, the Attorney 

General for the District of Columbia 

certified that the laws and regulations of 

the District of Columbia provide 

adequate authority to carry out a 

program that is ‘‘no less stringent’’ than 

the Federal requirements in 40 CFR part 

281. EPA is relying on this certification 

in addition to the analysis submitted by 

the District in making our 

determination. EPA now makes an 

immediate final decision, subject to 

receipt of any significant negative 

written comments that oppose this 

action, that the District of Columbia’s 

UST program revisions satisfy all of the 

requirements necessary to qualify for 

final approval. Therefore, EPA grants 

the District of Columbia final approval 

for the following program changes: 

Required Federal element Implementing State authority 

40 CFR 281.30, New UST Systems and Notification ..................................................... 20 DCMR 5502.2, 5507, 5600, 5602.1, 5700–5702, 

5704–5706, 5803, 6002.2, 6003.6, 6011.2. 

40 CFR 281.31, Upgrading Existing UST Systems ........................................................ 20 DCMR 5507.7, 5700, 5800–5804. 

40 CFR 281.32, General Operating Requirements ......................................................... 20 DCMR 5502.2(c), 5601.6, 5602, 5603.1, 5603.4, 

5604, 5801, 5900–5904, 6001. 

40 CFR 281.33, Release Detection ................................................................................. 20 DCMR 5507.2–.3, 5702.4, 5704.5, 6000–6013. 

40 CFR 281.34, Release Reporting, Investigation, and Confirmation ............................ 20 DCMR 6201–6203, 6601.1. 

40 CFR 281.35, Release Response and Corrective Action ............................................ 20 DCMR 6202.4, 6203–6211. 

40 CFR 281.36, Out-of-service Systems and Closure .................................................... 20 DCMR 5507.13, 6100–6102. 

40 CFR 281.37, Financial Responsibility for USTs Containing Petroleum ..................... 20 DCMR 6700–6715. 

40 CFR 281.38, Lender Liability ...................................................................................... 20 DCMR 6200.4. 

40 CFR 281.39, Operator Training .................................................................................. 20 DCMR 5602.3, 6502–6503. 

The State also demonstrates that its 

program provides adequate enforcement 

of compliance as described in 40 CFR 

281.11(b) and part 281, subpart D. The 

District of Columbia’s lead 

implementing agency, the Department 

of Energy and Environment (DOEE), has 

broad statutory and regulatory authority 

with respect to USTs to regulate 

installation, operation, maintenance, 

closure and UST releases, and to issue 

orders. The statutory and regulatory 

authority is found in the District of 

Columbia Code at Sections 8–113.01–12 

and in the District of Columbia 

Municipal Regulations (DCMR) at 20 

DCMR Sections 5500–7099. 

H. Where are the revised rules different 

from the Federal rules? 

Broader in Scope Provisions 

Where an approved state program has 

a greater scope of coverage than 

required by Federal law, the additional 

coverage is not part of the federallyapproved program and is not federally 

enforceable (40 CFR 281.12(a)(3)(ii)). 

The following District requirements are 

considered ‘‘broader in scope’’ than the 

Federal program: 

• The District may regulate 

substances designated by the Mayor in 

addition to those regulated under the 

Federal program. DC Code § 8– 

113.01(7)(C). 

• The District regulates tanks that 

store heating oil for consumptive use on 

the premises where stored under 20 

DCMR §§ 5503.1–.2, 5703. Such tanks 

are excluded from the Federal definition 

of underground storage tanks. 

• The District regulates any UST 

associated with equipment or 

machinery that contains regulated 

substances for operational purposes 

(such as hydraulic lift tanks and 

electrical equipment tanks) and any 

UST system with a capacity of one 

hundred ten (110) gallons or less under 

20 DCMR § 5504. Such tanks and tank 

systems are excluded from the 

requirements of the Federal regulations. 

• The District regulates persons who 

are not owners or operators of USTs. 

See, e.g., DC Code § 8–113.01(9)(A)(ii)– 

(v), .02(f) and (g), 113.03, 113.08(d), and 

20 DCMR Chapters 56, 59, 61, 62, and 

70. 

• The District requires owners or 

operators of USTs undergoing 

installation, upgrade, repair or closure 

to obtain a building permit prior to such 

activity under 20 DCMR §§ 5500.2, 

5603.5, 6210.8 and to comply with fire 

and construction codes under 5500.1(c) 

and (d), respectively. 

• The District charges fees for 

registration, certification, installation, 

closure-in-place or removal. DC Code 

§ 8–113.06(c), (d), 8–113.12(a)(9), 20 

DCMR §§ 5601, 5605, and 6501. 

• The District requires contractor 

licensure and certification of persons 

other than installers. DC Code § 8– 

113.06(a), 20 DCMR §§ 6500.1–.4, .6– 

.10, 6501. 

In accordance with 40 CFR 

281.12(a)(3)(ii), the additional coverage 

listed above is not part of the federallyapproved program and is not federally 

enforceable. 


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Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations 4163 

II. Codification 

A. What is codification? 

Codification is the process of placing 

a state’s statutes and regulations that 

comprise the state’s approved program 

into the Code of Federal Regulations 

(CFR). Section 9004(b) of RCRA, as 

amended, allows EPA to approve state 

UST programs to operate in lieu of the 

Federal program. EPA codifies its 

authorization of state programs in 40 

CFR part 282 and incorporates by 

reference state statutes and regulations 

that EPA will enforce under sections 

9005 and 9006 of RCRA and any other 

applicable statutory provisions. The 

incorporation by reference of state 

authorized programs in the CFR should 

substantially enhance the public’s 

ability to discern the current status of 

the approved state 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 

District of Columbia’s UST program? 

EPA has not previously incorporated 

by reference the District of Columbia’s 

UST program. In this document, EPA is 

amending 40 CFR 282.58 to include the 

approved revised program. 

C. What codification decisions has EPA 

made in this rule? 

Incorporation by reference: In this 

rule, EPA is finalizing regulatory text 

that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, EPA is 

finalizing the incorporation by reference 

of the District of Columbia statutes and 

regulations described in the 

amendments to 40 CFR part 282 set 

forth below. EPA has made, and will 

continue to make, these documents 

generally available through https://

www.regulations.gov and at the EPA 

Region 3 office (see the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

One purpose of this rule is to codify 

the District of Columbia’s approved UST 

program. The codification reflects the 

State program that will be in effect at 

the time EPA’s approved revisions to 

the District’s UST program addressed in 

this direct final rule become final. If, 

however, EPA receives any significant 

negative comment opposing the 

proposed rulemaking then this 

codification will not take effect, and the 

State rules that are approved after EPA 

considers public comment will be 

codified instead. This rule incorporates 

by reference the District of Columbia’s 

UST statutes and regulations and 

clarifies which of these provisions are 

included in the approved and federally 

enforceable program. By codifying the 

approved District of Columbia program 

and by amending the CFR, the public 

will more easily be able to discern the 

status of the federally-approved 

requirements of the District of Columbia 

program. 

EPA is incorporating by reference the 

District of Columbia approved UST 

program in 40 CFR 282.58. Section 

282.58(d)(1)(i)(A) and (B) incorporates 

by reference for enforcement purposes 

the State’s statutes and regulations. 

Section 282.58 also references the 

Attorney General’s Statement, 

Demonstration of Adequate 

Enforcement Procedures, the Program 

Description, and the Memorandum of 

Agreement, which are approved as part 

of the UST program under Subtitle I of 

RCRA. These documents are not 

incorporated by reference. 

D. What is the effect of District of 

Columbia’s codification on 

enforcement? 

The EPA retains the authority under 

sections 9005 and 9006 of Subtitle I of 

RCRA, 42 U.S.C. 6991d and 6991e, and 

other applicable statutory and 

regulatory provisions to undertake 

inspections and enforcement actions 

and to issue orders in approved States. 

If EPA determines it will take such 

actions in the District of Columbia, EPA 

will rely on Federal sanctions, Federal 

inspection authorities, and Federal 

procedures rather than the State’s 

authorized analogs to these provisions. 

Therefore, EPA is not incorporating by 

reference such approved District of 

Columbia’s procedural and enforcement 

authorities. Section 282.58(d)(1)(ii) of 40 

CFR lists those approved District of 

Columbia authorities that would fall 

into this category. 

E. What State provisions are not part of 

the codification? 

The public also needs to be aware that 

some provisions of the State’s UST 

program are not part of the federallyapproved State program. Such 

provisions are not part of the RCRA 

Subtitle I program because they are 

‘‘broader in scope’’ than Subtitle I of 

RCRA. 40 CFR 281.12(a)(3)(ii) states that 

where an approved state program has a 

greater scope of coverage than required 

by Federal law, the additional coverage 

is not a part of the federally-approved 

program. As a result, State provisions 

that are ‘‘broader in scope’’ than the 

Federal program are not incorporated by 

reference for purposes of enforcement in 

part 282. Section 282.58(d)(1)(iii) lists 

for reference and clarity the District of 

Columbia’s statutory and regulatory 

provisions that are ‘‘broader in scope’’ 

than the Federal program and which are 

not, therefore, part of the approved 

program being codified in this action. 

Provisions that are ‘‘broader in scope’’ 

cannot be enforced by EPA; the State, 

however, will continue to implement 

and enforce such provisions under State 

law. 

III. Statutory and Executive Order 

Reviews 

This action only applies to the District 

of Columbia’s UST Program 

requirements pursuant to RCRA section 

9004 and imposes no requirements 

other than those imposed by State law. 

It complies with applicable Executive 

Orders (EOs) and statutory provisions as 

follows: 

A. Executive Order 12866 Regulatory 

Planning and Review, Executive Order 

13563: Improving Regulation and 

Regulatory Review 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

12866 (58 FR 51735, October 4, 1993) 

and 13563 (76 FR 3821, January 21, 

2011). This action approves and codifies 

State requirements for the purpose of 

RCRA section 9004 and imposes no 

additional requirements beyond those 

imposed by State law. Therefore, this 

action is not subject to review by OMB. 

B. Unfunded Mandates Reform Act and 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Because this action approves and 

codifies pre-existing requirements under 

State law and does not impose any 

additional enforceable duty beyond that 

required by State law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(2 U.S.C. 1531–1538). Currently there 

are no federally recognized tribes in the 

District of Columbia. Therefore, this 

action also does not significantly or 

uniquely affect the communities of 

tribal governments, as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). 

C. Executive Order 13132: Federalism 

This action will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 


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August 10, 1999), because it merely 

approves and codifies State 

requirements as part of the State RCRA 

underground storage tank program 

without altering the relationship or the 

distribution of power and 

responsibilities established by RCRA. 

D. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant, and it does not 

make decisions based on environmental 

health or safety risks. 

E. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a ‘‘significant regulatory action’’ as 

defined under Executive Order 12866. 

F. National Technology Transfer and 

Advancement Act 

Under RCRA section 9004(b), EPA 

grants a State’s application for approval 

as long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a State approval 

application, to require the use of any 

particular voluntary consensus standard 

in place of another standard that 

otherwise satisfies the requirements of 

RCRA. Thus, the requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. 

G. Executive Order 12988: Civil Justice 

Reform 

As required by Section 3 of Executive 

Order 12988 (61 FR 4729, February 7, 

1996), in issuing this rule, EPA has 

taken the necessary steps to eliminate 

drafting errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. 

H. Executive Order 12630: 

Governmental Actions and Interference 

With Constitutionally Protected Property 

Rights 

EPA has complied with Executive 

Order 12630 (53 FR 8859, March 15, 

1988) by examining the takings 

implications of the rule in accordance 

with the ‘‘Attorney General’s 

Supplemental Guidelines for the 

Evaluation of Risk and Avoidance of 

Unanticipated Takings’’ issued under 

the executive order. 

I. Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

‘‘Burden’’ is defined at 5 CFR 1320.3(b). 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. EPA 

believes that this action does not have 

disproportionately high and adverse 

human health or environmental effects 

on minority populations, low-income 

populations and/or indigenous peoples, 

because it approves pre-existing State 

rules that are no less stringent than 

existing Federal requirements, and 

imposes no additional requirements 

beyond those imposed by State law. For 

these reasons, this rule is not subject to 

Executive Order 12898. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801–808, 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). However, this action 

will be effective March 28, 2022 because 

it is a direct final rule. 

Authority: This rule is issued under the 

authority of section 9004 of the Solid Waste 

Disposal Act of 1965, as amended, 42 U.S.C. 

6991c. 

List of Subjects in 40 CFR Part 282 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous substances, Incorporation by 

reference, Insurance, Intergovernmental 

relations, Oil pollution, Penalties, 

Petroleum, Reporting and recordkeeping 

requirements, State program approval, 

Surety bonds, Underground storage 

tanks, Water pollution control, Water 

supply. 

Adam Ortiz, 

Regional Administrator, EPA Region 3. 

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. Add § 282.58 to read as follows: 

§ 282.58 District of Columbia StateAdministered Program. 

(a) The District of Columbia 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 

District of Columbia’s Department of 

Energy and Environment’s predecessor 

agency, the Department of Consumer 

and Regulatory Affairs, was approved by 

EPA pursuant to 42 U.S.C. 6991c and 40 

CFR part 281 of this chapter. EPA 

approved the District of Columbia 

underground storage tank program on 

July 9, 1997, and approval was effective 

on May 4, 1998. A subsequent program 

revision application was approved by 

EPA and became effective on March 28, 

2022. 

(b) The District of Columbia has 

primary responsibility for administering 

and enforcing its federally-approved 

underground storage tank program. 

However, EPA retains the authority to 

exercise its inspection and enforcement 

authorities under sections 9005 and 

9006 of Subtitle I of RCRA, 42 U.S.C. 

6991d and 6991e, regardless of whether 

the State has taken its own actions, as 

well as under any other applicable 

statutory and regulatory provisions. 

(c) To retain program approval, the 

District of Columbia must revise its 

approved program to adopt new changes 

to the Federal Subtitle I program which 


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Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations 4165 

makes it more stringent, in accordance 

with Section 9004 of RCRA, 42 U.S.C. 

6991c, and 40 CFR part 281, subpart E. 

If the District of Columbia obtains 

approval for the 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) The District of Columbia has final 

approval for the following elements of 

its program application originally 

submitted to EPA and approved on July 

9, 1997, and effective May 4, 1998, and 

the program revision application 

approved by EPA, effective on March 

28, 2022. 

(1) State statutes and regulations—(i) 

Incorporation by reference. The 

provisions cited in this paragraph, and 

listed in Appendix A to Part 282, with 

the exception of the provisions cited in 

paragraphs (d)(1)(ii) and (iii) of this 

section, are incorporated by reference as 

part of the approved underground 

storage tank program in accordance with 

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 District of Columbia’s regulations 

and statutes that are incorporated by 

reference in this paragraph from District 

of Columbia’s Underground Storage 

Tank Branch, Toxic Substances 

Division, Department of Energy and 

Environment, 1200 First Street NE, 5th 

Fl., Washington DC 20002 (phone 

number 202–535–2326). You may 

inspect all approved material at the EPA 

Region 3 office, 1650 Arch Street, 

Philadelphia, PA 19103–2029 (phone 

number 215–814–3348) or the National 

Archives and Records Administration 

(NARA). For information on the 

availability of the material at NARA, 

email fr.inspection@nara.gov or go to 

https://www.archives.gov/federalregister/cfr/ibr-locations.html. 

(A) ‘‘District of Columbia Statutory 

Requirements Applicable to the 

Underground Storage Tank Program,’’ 

March 1991. 

(B) ‘‘District of Columbia Regulatory 

Requirements Applicable to the 

Underground Storage Tank Program,’’ 

February 2020. 

(ii) Legal basis. EPA evaluated the 

following statutes and regulations, 

which are part of the approved program, 

but which are not being incorporated by 

reference for enforcement purposes, and 

do not replace Federal authorities: 

(A) The statutory provisions include: 

(1) Code of the District of Columbia, 

Division I, Title 8, Subtitle A, Chapter 

1, Subchapter VII, Underground Storage 

Tank Management Act, Sections: 8– 

113–04; 8–113.06(a); 8–113.07; 8– 

113.08; 8–113.09; 8–113.10; 8–113.12. 

(2) Code of the District of Columbia, 

Division I, Title 8, Subtitle A, Chapter 

1, Subchapter II, Water Pollution 

Control, Sections: 8–103.10(c); 8– 

103.20. 

(3) Code of the District of Columbia, 

Division I, Title 8, Subtitle A, Chapter 

1A, Subchapter I, General, Sections: 8– 

151.07; 8–151.08(6). 

(B) The regulatory provisions include: 

(1) District of Columbia Municipal 

Regulations, Title 20, Chapters 55–67 

and 70, Underground Storage Tank 

Regulations, Sections: 5501.1 as to 

regulated substance delivery person or 

company; 5601.7; 5800.3; 6300–6302; 

6600–6605, including 6602.7 (Delivery 

Prohibition). 

(2) District of Columbia Municipal 

Regulations, Title 16, Consumers, 

Commercial Practices, & Civil 

Infractions—Chapters 32 and 40; 

Chapter 32, Section 3201; Chapter 40, 

Section 4008. 

(3) District of Columbia State Rules— 

Superior Court Rules of Civil 

Procedure—IV. Parties, Super. Ct. Civ. 

R. 24—Intervention. 

(iii) Provisions not incorporated by 

reference. The following statutory and 

regulatory provisions are ‘‘broader in 

scope’’ than the Federal program, are 

not part of the approved program, and 

are not incorporated by reference 

herein. These provisions are not 

federally enforceable: 

(A) Code of the District of Columbia, 

Division I, Title 8, Subtitle A, Chapter 

1, Subchapter VII, Underground Storage 

Tank Management, Sections: 8– 

113.01(7)(C) and (9)(A)(ii)–(v); 8– 

113.02(f) and (g) insofar as (g) includes 

persons who are not owners or operators 

of underground storage tanks; 8– 

113.03(a) insofar as includes persons 

who are not owners or operators of 

underground storage tanks; 8– 

113.06(b)–(d) as to fees. 

(B) District of Columbia Municipal 

Regulations, Title 20, Chapters 55–67 

and 70, Underground Storage Tank 

Regulations, Sections: 5500.1(c)–(d); 

5500.2; 5501.1 as to persons who are not 

owners or operators of underground 

storage tanks; 5503.1–.2 insofar as 

regulates tanks that store heating oil for 

use on the premises where stored; 5504; 

5600.1(b); 5601.1 insofar as regulates 

tanks that store heating oil for use on 

the premises where stored; 5601.2–.3 

insofar as requires payment of fees; 

5603.5 insofar as requires permits; 5604 

insofar as includes persons who are not 

owners or operators of underground 

storage tanks, 5604.3–.4; 5605; 5606; 

5700.4, .7, and .8(b); 5703; 5706.1 

insofar as requires compliance with 

District fire code; 5900.1–.3, .7, as to 

‘‘agent in charge,’’ .10 as to ‘‘responsible 

party; 5904.5; 6003.4; 6100.4; 6202.2; 

6210.8 insofar as requires permits; 6212; 

6500.1–.4, .6–.10; 6501; 7099.1 as to the 

definitions of ‘‘agent in charge,’’ 

‘‘authorized agent,’’ ‘‘voluntary 

remediating party,’’ and ‘‘voluntary 

remediation,’’ and the definitions of 

‘‘real property owner’’ and ‘‘responsible 

party’’ insofar as each definition 

includes persons who are not owners or 

operators of underground storage tanks. 

(2) Statement of legal authority. 

‘‘Attorney General’s Statement’’ signed 

by the Attorney General on September 

18, 2020, 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 Adequate 

Enforcement Procedures’’ submitted as 

part of the program revision application 

for approval on November 12, 2020, 

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 and any other material 

submitted as part of the program 

revision application for approval on 

November 12, 2020, though not 

incorporated by reference, are 

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 3 and the District of 

Columbia Department of Energy and the 

Environment, signed by the EPA 

Regional Administrator on November 

25, 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. Amend appendix A to part 282 by 

adding the entry for District of Columbia 

to read as follows: 

Appendix A to Part 282—State 

Requirements Incorporated by 

Reference in Part 282 of the Code of 

Federal Regulations 

* * * * * 

District of Columbia 

(a) The statutory provisions include: 

(1) Code of the District of Columbia, 

Division I, Title 8, Subtitle A, Chapter 1, 


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4166 Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations 

Subchapter VII, Underground Storage Tank 

Management, sections 8–113.01–113.12 

Section 8–113.01. Definitions, except (7)(C) 

and (9)(A)(ii)–(v) 

Section 8–113.02. Notification, except (f) 

Section 8–113.03. Release notification 

requirements, except (a) as to persons who 

are not owners or operators of 

underground storage tanks 

Section 8–113.06. Certification, registration 

and licensing, except (b) as to fees; (c)–(d) 

(2) [Reserved] 

(b) The regulatory provisions include: 

(1) District of Columbia Municipal 

Regulations, Title 20, Chapters 55–67 and 70, 

Underground Storage Tanks 

Chapter 55 Underground Storage Tanks— 

General Provisions 

Section 5500 Compliance with District 

Laws, except 5500.1(c)–(d); 5500.2 

Section 5501 Applicability of UST 

regulations, except 5501.1 as to persons 

who are not owners or operators of 

underground storage tanks 

Section 5502 Partial Applicability of UST 

Regulations to Particular UST Systems 

Section 5503 Partial Applicability of UST 

Regulations to Heating Oil Tanks, except 

5503.1–.2 

Section 5505 Applicability to Emergency 

Generator UST Systems 

Section 5506 Industry Codes and Standards 

Section 5507 Field-Constructed Tanks and 

Airport Hydrant Fuel Distribution Systems 

Chapter 56 Underground Storage Tanks— 

Notification, Registration, Recordkeeping, 

and Public Information 

Section 5600 Notice of the Existence, Use, 

Purchase, Sale or Change in Service of an 

UST System, except as to persons who are 

not owners or operators of underground 

storage tanks; 5600.1(b) 

Section 5601 Registration, except 5601.1 as 

to tanks that store heating oil for use on 

the premises where stored; 5601.2–.3 as to 

payment of fees; 5601.10 as to persons who 

are not owners or operators of 

underground storage tanks 

Section 5602 Recordkeeping and Reports 

Section 5603 Notice of Installation, 

Removal, Closure-in-Place, Repair, 

Upgrade, and Testing, except 5603.5 

insofar as requires permits 

Section 5604 Notice of Sale of Real 

Property, except as to persons who are not 

owners or operators of underground 

storage tanks, 5604.3–.4 

Section 5607 Public Record Information 

Chapter 57 Underground Storage Tanks— 

New Tank Performance Standards 

Section 5700 Existing and New UST 

Systems—General Provisions, except 

5700.4, .7, .8(b) 

Section 5701 New Petroleum UST Systems 

Section 5702 New Hazardous Substance 

UST Systems 

Section 5704 New Piping for UST Systems 

Section 5705 Spill and Overfill Prevention 

Equipment for New and Upgraded UST 

Systems 

Section 5706 Installation of New UST 

Systems, except 5706.1 insofar as requires 

compliance with District fire codes 

Chapter 58 Underground Storage Tanks— 

Operation and Maintenance of USTs 

Section 5800 Existing UST System 

Upgrades 

Section 5801 Tank Upgrades 

Section 5802 Existing UST System Piping 

Upgrades 

Section 5803 Spill and Overfill Prevention 

Equipment Upgrades 

Section 5804 Tank Tightness Testing upon 

Upgrade 

Chapter 59 Underground Storage Tanks— 

Operation and Maintenance of USTs 

Section 5900 Spill and Overfill Control, 

except 5900.1–.3, .7 as to ‘‘agent in 

charge;’’ .10 as to ‘‘responsible party’’ 

Section 5901 Tank Corrosion Protection 

Section 5902 Repair or Replacement of UST 

Systems 

Section 5903 Compatibility 

Section 5904 Walkthrough Inspections, 

except 5904.5 

Chapter 60 Underground Storage Tanks— 

Release Detection 

Section 6000 Release Detection—General 

Provisions 

Section 6001 Release Detection 

Recordkeeping 

Section 6002 Release Detection for 

Hazardous Substance UST Systems 

Section 6003 Release Detection for 

Petroleum UST System Tanks, except 

6003.4 

Section 6004 Release Detection for 

Petroleum UST System Piping 

Section 6005 Inventory Control and 

Statistical Inventory Reconciliation 

Section 6006 Manual Tank Gauging 

Section 6007 Tank Tightness Testing 

Section 6008 Automatic Tank Gauging 

Section 6009 Vapor Monitoring 

Section 6010 Groundwater Monitoring 

Section 6011 Interstitial Monitoring 

Section 6012 Statistical Inventory 

Reconciliation 

Section 6013 Other Methods of Release 

Detection 

Chapter 61 Underground Storage Tanks— 

Closure 

Section 6100 Temporary Closure, except 

6100.4 

Section 6101 Permanent Closure and 

Change-In-Service 

Section 6102 Previously Closed UST 

Systems 

Section 6103 Closure Records 

Chapter 62 Underground Storage Tanks— 

Reporting of Releases, Investigation, 

Confirmation, Assessment, and Corrective 

Action 

Section 6200 Obligations of Responsible 

Parties—Releases, Spills, and Overfills 

Section 6201 Reporting and Cleanup of 

Spills and Overfills 

Section 6202 Reporting of Releases of 

Regulated Substances, except 6202.2 

Section 6203 Site Investigation, 

Confirmation of Release, Initial Abatement, 

and Initial Site Assessment 

Section 6204 Removal of Free Product 

Section 6205 Comprehensive Site 

Assessment 

Section 6206 Risk-Based Corrective Action 

(RBCA) Process 

Section 6207 Corrective Action Plan and Its 

Implementation 

Section 6208 Tier 0 Standards 

Section 6209 Tiers 1 and 2 Standards 

Section 6210 No Further Action and Case 

Closure Requirements, except 6210.8 

insofar as requires permits 

Section 6211 Public Participation in 

Corrective Action 

Chapter 64 Underground Storage Tanks— 

Corrective Action by the District and Cost 

Recovery 

Section 6400 Corrective Action by the 

District 

Section 6401 Cost Recovery 

Chapter 65 Underground Storage Tanks— 

Licensing, Certification, Operator 

Requirements, and Operator Training 

Section 6500 Licensing and Certification of 

UST System Installers, Removers, Testers, 

and Technicians, except 6500.1–.4, .6–.10 

Section 6502 Operator Designation 

Section 6503 Operator Training and 

Training Program Approval 

Chapter 67 Underground Storage Tanks— 

Financial Responsibility 

Section 6700 Petroleum UST Systems 

Section 6701 Financial Responsibility 

Mechanisms 

Section 6702 Financial Responsibility 

Records and Reports 

Section 6703 Financial Test of SelfInsurance 

Section 6704 Financial Test of SelfInsurance: Test A 

Section 6705 Financial Test of SelfInsurance: Test B 

Section 6706 Guarantees 

Section 6707 Insurance and Risk Retention 

Group Coverage 

Section 6708 Surety Bonds 

Section 6709 Letter of Credit 

Section 6710 Private Trust Funds 

Section 6711 Standby Trust Funds 

Section 6712 Drawing on Financial 

Assurance Mechanism 

Section 6713 Replenishment of Guarantees, 

Letters of Credit, or Surety Bonds 

Section 6714 Cancellation or Non-Renewal 

of Financial Assurance 

Section 6715 Bankruptcy or Incapacity 

Appendix 67–1 Certification of Financial 

Responsibility 

Appendix 67–2 Financial Test of Self 

Insurance Letter From Chief Financial 

Officer 

Appendix 67–3 Guarantee 

Appendix 67–4 Certificate of Insurance 

Appendix 67–5 Endorsement 

Appendix 67–6 Performance Bond 

Appendix 67–7 Irrevocable Standby Letter 

of Credit 

Appendix 67–8 Trust Agreement 

Appendix 67–9 Certification of Valid Claim 

Chapter 70 Underground Storage Tanks— 

Definitions 

Section 7099 Definitions, except 7099.1 the 

definitions of ‘‘agent in charge,’’ 

‘‘authorized agent,’’ ‘‘voluntary 

remediating party,’’ and ‘‘voluntary 

remediation’’ and the definitions of ‘‘real 

property owner’’ and ‘‘responsible party’’ 

insofar as each definition includes persons 


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1See Order, Facing Foster Care et al. v. HHS, No. 

21–cv–00308 (D.D.C. Feb. 2, 2021) (order 

postponing effective date), ECF No. 18. 

2See Order, Facing Foster Care et al. v. HHS, No. 

21–cv–00308 (D.D.C. Aug. 5, 2021) (order 

postponing effective date), ECF No. 23. 

3See Order, Facing Foster Care et al. v. HHS, No. 

21–cv–00308 (D.D.C. Nov. 3, 2021) (order 

postponing effective date), minute order. 

4See Order, Facing Foster Care et al. v. HHS, No. 

21–cv–00308 (D.D.C. Dec. 27, 2021) (order 

postponing effective date and holding the case in 

abeyance), ECF No. 30. 

who are not owners or operators of 

underground storage tanks 

(2) [Reserved] 

* * * * * 

[FR Doc. 2022–01432 Filed 1–26–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 412 and 413 

Medicare Program; Hospital Inpatient 

Prospective Payment Systems for 

Acute Care Hospitals; Changes to 

Medicare Graduate Medical Education 

Payments for Teaching Hospitals; 

Changes to Organ Acquisition 

Payment Policies 

Correction 

In rule document 2021–27523 

beginning on page 73416 in the issue of 

Monday, December 27, 2021, make the 

following correction: 

§ 413.77 [Corrected] 

■ On page 73513, in the first column, in 

paragraph (A), in the last line ‘‘after 

<SECTION><SECTNO>; or’’ should 

read ‘‘after December 27, 2021; or’’. 

[FR Doc. C1–2021–27523 Filed 1–26–22; 8:45 am] 

BILLING CODE 0099–10–D 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 75 

RIN 0991–AC16 

Grants Regulation; Removal of NonDiscrimination Provisions and 

Repromulgation of Administrative 

Provisions Under the Uniform Grant 

Regulation 

AGENCY: Assistant Secretary for 

Financial Resources (ASFR), Health and 

Human Services (HHS or the 

Department). 

ACTION: Notification; postponement of 

effectiveness. 

SUMMARY: The U.S. District Court for the 

District of Columbia in Facing Foster 

Care et al. v. HHS, 21–cv–00308 (DDC 

Feb. 2, 2021), has postponed the 

effectiveness of portions of the final 

rulemaking amendments to the Uniform 

Administrative Requirements, 

promulgated on January 12, 2021. Those 

provisions are now effective April 18, 

2022. 

DATES: Pursuant to court order, the 

effectiveness of the final rule published 

January 12, 2021, at 86 FR 2257, is 

postponed until April 18, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Johanna Nestor at Johanna.Nestor@

hhs.gov or 202–205–5904. 

SUPPLEMENTARY INFORMATION: On 

January 12, 2021, the Department issued 

amendments to and repromulgated 

portions of the Uniform Administrative 

Requirements, 45 CFR part 75. 86 FR 

2257. That rule repromulgated 

provisions of part 75 that were 

originally published late in 2016. It also 

made amendments to 45 CFR 75.300(c) 

and (d). 

Specifically, the rule amended 

paragraph (c), which previously 

provided that it is a public policy 

requirement of HHS that no person 

otherwise eligible will be excluded from 

participation in, denied the benefits of, 

or subjected to discrimination in the 

administration of HHS programs and 

services based on non-merit factors such 

as age, disability, sex, race, color, 

national origin, religion, gender 

identity, or sexual orientation. The 

paragraph further provided that 

recipients must comply with the public 

policy requirement in the 

administration of programs supported 

by HHS awards. The rule amended 

paragraph (c) to provide that it is a 

public policy requirement of HHS that 

no person otherwise eligible will be 

excluded from participation in, denied 

the benefits of, or subjected to 

discrimination in the administration of 

HHS programs and services, to the 

extent doing so is prohibited by Federal 

statute. 

Additionally, the rule amended 

paragraph (d), which previously 

provided that in accordance with the 

Supreme Court decisions in United 

States v. Windsor and in Obergefell v. 

Hodges, all recipients must treat as valid 

the marriages of same-sex couples. The 

paragraph further provided that it did 

not apply to registered domestic 

partnerships, civil unions or similar 

formal relationships recognized under 

state law as something other than a 

marriage. The rule amended paragraph 

(d) to provide that HHS will follow all 

applicable Supreme Court decisions in 

administering its award programs. 

On February 2, the portions of 

rulemaking amendments to § 75.300 

(and a conforming amendment at 

§ 75.101(f)) were challenged in the U.S. 

District Court for the District of 

Columbia. Facing Foster Care et al. v. 

HHS, 21–cv–00308 (D.D.C. filed Feb. 2, 

2021). On February 9, the court 

postponed, pursuant to 5 U.S.C. 705, the 

effective date of the challenged portions 

of the rule by 180 days, until August 11, 

2021.1 On August 5, the court again 

postponed the effective date of the rule 

until November 9, 2021.2 On November 

3, the court further postponed the 

effective date of the rule until January 

17, 2022.3 On December 27, the court 

further postponed the effective date of 

the rule until April 18, 2022.4 The 

Department is issuing this notification 

to apprise the public of the court’s 

order. 

* * * * * 

Xavier Becerra, 

Secretary. 

[FR Doc. 2022–01602 Filed 1–26–22; 8:45 am] 

BILLING CODE 4151–19–P 


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