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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations October 31, 2021. The changes to the regulations related to the twelve importexport disposal and recovery operations will ensure that the disposal and recovery operation codes listed in U.S
export notices proposing exports to
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import notices and movement documents.
The current and revised regulatory text for the twelve affected disposal and recovery operations are as follows:

Canada facilities and subsequent movement documents will continue to reflect the accurate Canadian code numbers and description of the operations, enabling matching to the information listed in the Canadian
Current regulatory definition
Revised regulatory definition
13 D13 Blending or mixing, prior to any of operations D1 through D12

13 D13 Interim blending or mixing, before an operation that bears any of the disposal operations D1 to D12.
14 D14 Interim repackaging, before an operation that bears any of the disposal operations D1 to D12.
15 D15 Interim storage, before an operation that bears any of the disposal operations D1 to D12.
16 DC1 Release, including the venting of compressed or liquified gases, or treatment, other than by any of disposal operation codes D1 to D12. for transboundary movements with Canada only.
17 DC2 Testing of a new technology to dispose of a hazardous waste for transboundary movements with Canada only.
11 R11 Use of residual materials obtained from any of the recovery operation codes numbered R1 through R10 or RC1.

14 D14 Repackaging, prior to any of operations D1 through D13
15 D15 or DC17 for transboundary movements with Canada only Interim Storage, prior to any of operations D1 through D12.
16 DC15 Release, including the venting of compressed or liquified gases, or treatment, other than by any of operations D1 to D12 for transboundary movements with Canada only.
17 DC16 Testing of a new technology to dispose of a hazardous waste for transboundary movements with Canada only.
11 R11 Uses of residual materials obtained from any of the operations numbered R1 through R10 or RC14 for transboundary shipments with Canada only.
12 R12 Exchange of wastes for submission to any of the operations numbered R1 through R11 or RC14 for transboundary shipments with Canada only.
13 R13 Accumulation of material intended for any operation numbered R1 through R12 or RC14 for transboundary shipments with Canada only.
14 RC14 Recovery or regeneration of a substance or use or re-use of a recyclable material, other than by any of operations R1 to R10 for transboundary shipments with Canada only.
15 RC15 Testing of a new technology to recycle a hazardous recyclable material for transboundary shipments with Canada only.
16 RC16 Interim storage prior to any of operations R1 to R11 or RC14 for transboundary shipments with Canada only.

These revised codes and descriptions will be automatically available for exporters and importers to use in EPAs WIETS on October 31, 2021 when they create export or import notices to submit to EPA. Exporters and importers shipping hazardous waste between the U.S. and Canada generally comply with the movement document requirements in 40 CFR 262.83d and 40 CFR
262.84d respectively, by relying on the use of a Canadian movement document that will be required to reflect the modified recovery and disposal operation code numbers for consents issued by either the EPA or Environment and Climate Change Canada based on notices submitted on or after October 31, 2021 due to the Canadian regulatory revisions.
B. What is the Agencys authority for taking this action?
The EPA is issuing this document under its authority in sections 1002, 2002a, 30013004, and 3017 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act RCRA, and as amended by the Hazardous and Solid Waste Amendments, 42 U.S.C. 6901 et seq., 6912, 69216924, and 6938.

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12 R12 Interim exchange of wastes before recycling using any of the recovery operation codes numbered R1 through R11 or RC1.
13 R13 Interim accumulation of wastes before recycling using any of the recovery operation codes numbered R1 through R11 or RC1.
14 RC1 Recovery or regeneration of a substance or use or re-use of a recyclable material, other than by any of operations R1 to R10 for transboundary shipments with Canada only.
15 RC2 Testing of a new technology to recycle a hazardous recyclable material for transboundary shipments with Canada only.
16 RC3 Interim storage prior to any of operations R1 to R11 or RC1
for transboundary shipments with Canada only.

III. State Authorization A. Applicability of Rules in Authorized States Under section 3006 of RCRA, EPA
may authorize qualified States to administer their own hazardous waste programs in lieu of the federal program within the State. Following authorization, EPA retains enforcement authority under sections 3008, 3013, and 7003 of RCRA, although authorized States have primary enforcement responsibility. The standards and requirements for State authorization are found at 40 CFR part 271.
Prior to enactment of the Hazardous and Solid Waste Amendments of 1984
HSWA, a State with final RCRA
authorization administered its hazardous waste program entirely in lieu of EPA administering the federal program in that State. The federal requirements no longer applied in the authorized State, and EPA could not issue permits for any facilities in that State, since only the State was authorized to issue RCRA permits.
When new, more stringent federal requirements were promulgated, the State was obligated to enact equivalent authorities within specified time frames.
However, the new federal requirements
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did not take effect in an authorized State until the State adopted the federal requirements as State law.
In contrast, under RCRA section 3006g 42 U.S.C. 6926g, which was added by HSWA, new requirements and prohibitions imposed under HSWA
authority take effect in authorized States at the same time that they take effect in unauthorized States. The EPA is directed by the statute to implement these requirements and prohibitions in authorized States, including the issuance of permits, until the State is granted authorization to do so. While States must still adopt HSWA related provisions as State law to retain final authorization, EPA implements the HSWA provisions in authorized States until the States do so.
Authorized States are required to modify their programs only when EPA
enacts federal requirements that are more stringent or broader in scope than existing federal requirements. RCRA
section 3009 allows the States to impose standards more stringent than those in the federal program see also 40 CFR
271.1. Therefore, authorized States may, but are not required to, adopt federal regulations, both HSWA and non HSWA, that are considered less
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