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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
issue a final rule without providing notice and an opportunity for public comment.
The EPA is issuing this final rule solely because Environment and Climate Change Canadas revisions to its import-export recovery and disposal code numbers and descriptions become effective on October 31, 2021. The EPA
must revise twelve of its import-export recovery and disposal code numbers and descriptions in 40 CFR 262.81 to reflect the revised Canadian regulatory definitions so that export and import notices and subsequent movement documents exchanged between Canada and the United States on or after October 31, 2021, do not contain conflicting information. Consequently, the EPA has determined that there is good cause for making the conforming changes in this final rule without prior proposal and opportunity for comment, because notice and public comment would have no impact on the need to parallel as closely as possible the Canadian regulatory revisions that triggered this final rule.
With respect to the effective date, EPA
finds that it has good cause for the October 31, 2021 effective date under section 553d of the Administrative Procedure Act APA, 5 U.S.C. 553d, and section 3010b of RCRA, 42 U.S.C.
6930b. EPA has good cause because this rule must be effective on October 31, 2021 to match the effective date for the Canadian regulatory changes. The purpose of section 553d of the APA is to give affected parties a reasonable time to adjust their behavior before the final rule takes effect. Omnipoint Corp.
v. FCC, 78 F.3d 620, 630 D.C. Cir.
1996; see also United States v.
Gavrilovic, 551 F.2d 1099, 1104 8th Cir.
1977 quoting legislative history.
Notwithstanding this purpose, section 553d authorizes an Agency to establish an effective date for a rule that is sooner than 30 days from its publication, as otherwise provided by the agency for good cause found and published with the rule. Similarly, whether the regulated community needs a period of time to come into compliance is relevant to the application of RCRA
section 3010b.
With respect to the effective date, U.S.
exporters and U.S. importers will have sufficient time to comply with this rule.
They must use EPAs Waste Import Export Tracking System WIETS to create and submit their notices to the Agency, and WIETS will reflect the changes in the recovery and disposal operation lists for exporters and importers to use in notices submitted to EPA on or after October 31, 2021, so the regulated community will not need to
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change how they use the system. As explained above, EPA has good cause for this effective date because this rule must be effective on October 31, 2021 in order to match the effective date for the Canadian regulatory changes. For these reasons, the EPA has concluded that the regulated community will have sufficient time to comply with this rule and that good cause exists for making the changes in this final rule effective October 31, 2021.

NAICS
code 212
213
311
324

325
326
327

General Information
331
332
333
334

A. List of Acronyms Used in This Action
335

Acronym Meaning CFR Code of Federal Regulations EPA United States Environmental Protection Agency FR Federal Register HSWA Hazardous and Solid Waste Amendments ICR Information Collection Request NAICS North American Industrial Classification System NTTAA National Technology Transfer and Advancement Act OLEM Office of Land and Emergency Management OMB Office of Management and Budget RCRA Resource Conservation and Recovery Act RFA Regulatory Flexibility Act UMRA Unfunded Mandates Reform Act WIETS Waste Import Export Tracking System
B. Does this action apply to me?
These revisions to the regulations related to twelve recovery and disposal codes used by exporters and importers in this action generally affect two groups: 1 All persons who export or import or arrange for the export or import of hazardous waste for recycling or disposal, including those hazardous wastes subject to the alternate management standards for a universal waste for recycling or disposal, b spent lead-acid batteries SLABs being shipped for reclamation, c industrial ethyl alcohol being shipped for reclamation, d hazardous waste samples of more than 25 kilograms being shipped for waste characterization or treatability studies, and e hazardous recyclable materials being shipped for precious metal recovery; and 2 all persons who export or arrange for the export of conditionally excluded cathode ray tubes being shipped for recycling or conditionally excluded hazardous secondary materials being shipped for recycling. Potentially affected entities may include, but are not limited to:
NAICS
code 211

PO 00000

NAICS description Oil and Gas Extraction.

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336
339
423
424

441
562

NAICS description Mining except Oil and Gas.
Support Activities for Mining.
Food Manufacturing.
Petroleum and Coal Products Manufacturing.
Chemical Manufacturing.
Plastics and Rubber Products Manufacturing.
Nonmetallic Mineral Product Manufacturing.
Primary Metal Manufacturing.
Fabricated Metal Product Manufacturing.
Machinery Manufacturing.
Computer and Electronic Product Manufacturing.
Electrical Equipment, Appliance, and Component Manufacturing.
Transportation Equipment Manufacturing.
Miscellaneous Manufacturing.
Merchant Wholesalers, Durable Goods.
Merchant Wholesalers, Nondurable Goods.
Motor Vehicle and Parts Dealers.
Waste Management and Remediation Services.

This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. This table lists the types of entities that EPA is now aware could potentially be regulated by this action. Other types of entities not listed in the table could also be regulated. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
C. How can I get additional information, including copies of this document or other related information?
To obtain electronic copies of this document and other related information that are available electronically, please visit www.epa.gov/hwgenerators.
II. Background A. What action is the Agency taking?
This action makes conforming changes to regulations related to twelve 12 hazardous waste import-export recovery and disposal operations used in hazardous waste export and import notices submitted to EPA by U.S.
exporters and importers, and in movement documents that must accompany such shipments. Changes in these regulations related to twelve recovery and disposal operations are needed to reflect changes to regulations related to Canadian import-export recovery and disposal operations that Canada promulgated in the Canada Gazette Part II on March 17, 2021
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations, Canada Gazette Part II, volume 155, number 6, pp. 324
543 and that will become effective on
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