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 wellpaying 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/briefingroom/statements-releases/2021/01/20/ 

fact-sheet-list-of-agency-actions-forreview/ (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-andcomment 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 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Proposed Rules 41803 

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 lowincome 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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