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Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations
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Francisco, CA 94105. By phone: 415
9723364 or by email at Amaro.Laurie@
epa.gov.
SUPPLEMENTARY INFORMATION:
A. What corrections to Californias hazardous waste program is the EPA
authorizing with this action?
The EPA approved revisions to Californias federally authorized hazardous waste program by publishing proposed and final rules in the Federal Register on October 18, 2019 80 FR
55871, and January 14, 2020 85 FR
2038, respectively. On March 5, 2021, the EPA proposed to add citations for approving the States authority to adopt additional waste streams as universal wastes in the State Analogues to the Federal Program table and revise the scope of the State program that is considered broader in scope than the Federal program. The changes detailed in the proposed correction are summarized below.
1. The EPA added citations to the table for Title 22 of the California Code of Regulations CCR 66260.22 and 66260.23 and the Federal analogues, 40
CFR 260.20a and 260.23a through d, respectively. In addition, the EPA added a footnote to the table clarifying the implications of the authorization of the States universal waste program as to a waste stream that the State already identified as a universal waste before the universal waste authorization update was effective, i.e., aerosol cans.
Similarly, effective January 1, 2021, California also now includes photovoltaic solar panels in the States universal waste program.
2. The EPA revised the list of California requirements that the EPA
considers beyond the scope of the Federal program by deleting Californiaonly universal wastes further defined as non-RCRA hazardous wastes from the list of State requirements that are broader in scope than the Federal program and adding language to the broader in scope analysis that specifies that any non-RCRA hazardous wastes that the State regulates as a hazardous waste are generally considered beyond the scope of the Federal program.
No comments were received on the proposal. The corrections are hereby finalized and the changes to the scope of Californias authorized universal hazardous waste program will become effective on the date listed in the DATES
section above.
B. What is codification and is the EPA
codifying Californias hazardous waste program as authorized in this rule?
Codification is the process of placing citations and references to the States
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statutes and regulations that comprise the States authorized hazardous waste program into the Code of Federal Regulations. The EPA does this by adding those citations and references to the authorized state rules in 40 CFR part 272. The EPA is not codifying the authorization of Californias revisions at this time. However, the EPA reserves the right to amend 40 CFR part 272, subpart F, for the authorization of Californias program at a later date.
C. Statutory and Executive Order Reviews The Office of Management and Budget OMB has exempted this action RCRA
state authorization from the requirements of Executive Orders 12866
58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011.
Therefore, this action is not subject to review by OMB. This action finalizes corrections to the authorization of state requirements for the purpose of RCRA
section 3006 and imposes no additional requirements beyond those imposed by state law. Accordingly, this action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act 5
U.S.C. 601 et seq.. Because this action finalizes corrections to the authorization of 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 Pub. L. 1044.
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. 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, August 10, 1999, because it merely corrects the Federal Register document in which the EPA authorized state requirements as part of the state RCRA
hazardous waste program without altering the relationship or the distribution of power and responsibilities established by RCRA.
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 concern environmental health or safety risks that the EPA has reason to believe may disproportionally affect children.
This correction is not subject to
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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 under Executive Order 12866.
Under RCRA section 3006b, the EPA
grants a states application for authorization, as long as the state meets the criteria required by RCRA. It would thus be inconsistent with applicable law for the EPA, when it reviews a state authorization 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 12d of the National Technology Transfer and Advancement Act of 1995 do not apply.
See 15 U.S.C. 272 note, sec. 12d3, Public Law 104113, 110 Stat. 783 Mar.
7, 1996 exempting compliance with the NTTAAs requirement to use VCS if compliance is inconsistent with applicable law. As required by section 3 of Executive Order 12988 61 FR 4729, February 7, 1996, in issuing this correction to its rule, the EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. The EPA has complied with Executive Order 12630 53 FR 8859, March 15, 1988 by examining the takings implications of the correction to the rule in accordance with the Attorney Generals Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings issued under the Executive Order. This correction to the rule authorizing Californias universal waste program does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 44
U.S.C. 3501 et seq.. 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.
Because this correction to the California universal waste authorization rule authorizes pre-existing state rules which are at least equivalent to, and no less stringent than existing Federal
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