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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules
report. The EPAs written approval of the completion report shall be considered approval of the modified treatability envelope pursuant to Condition 1b.
C. Miscellaneous Changes and Updates The EPA is also proposing to make several minor changes to address typographical errors, amend section numbering to reflect addition of a new condition, and to amend selected references to treatability envelopes in Tables C1 and C2 that may be updated to accommodate WTP DFLAW
effluent waste stream to include the phrase as amended. The EPA is also correcting certain references to Tables C1 and C2 to properly characterize their function as defining inorganic and organic treatability envelope data.

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IV. When would the EPA finalize the proposed delisting modification?
40 CFR 260.20c requires the EPA to provide notice and an opportunity for comment before granting or denying a final exclusion. Thus, the EPA will not make a final decision or grant an exclusion until it has addressed all timely public comments on todays proposal, including any at public hearings.
Since this proposed rule is limited to technical amendments that apply to future activities, and is limited to a specific process and waste stream at the Hanford Site, the regulated community does not need a six-month period to come into compliance in accordance with section 3010b of RCRA, as amended by the Federal Hazardous and Solid Waste Amendments of 1984.
V. How will this Action affect states?
Because the EPA is proposing to issue this exclusion under the federal RCRA
delisting regulations, only states subject to federal RCRA delisting provisions will be affected. This exclusion may not be effective in states which have received authorization from the EPA to make their own delisting decisions.
The EPA allows states to impose their own non-RCRA regulatory requirements that are more stringent than the EPAs, under section 3009 of RCRA. These more stringent requirements may include a provision that prohibits a federally issued exclusion from taking effect in the state. We urge petitioners to contact their state regulatory authorities to establish the status of their wastes under their respective state laws.
The EPA has also authorized some states to administer a delisting program in place of the federal program, that is, to make state delisting decisions.

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Therefore, this exclusion does not apply in those authorized states. If the Petitioner manages the waste in any state with delisting authorization, the Petitioner must obtain delisting authorization or other determination from the receiving state before it can manage the waste as nonhazardous in that state.
While Washington State has received final authorization to implement most of its dangerous waste program regulations in lieu of the federal program, including the listing and identification of listed waste codes associated with the petitioned wastes, it has not been authorized to implement its delisting regulations program in lieu of the federal program. The EPA notes that Washington State has provisions in the Washington Administrative Code WAC 1733039103 similar to the federal provisions upon which this delisting is based. These provisions are in effect as a matter of state law. Thus, the Petitioner must seek approval from Washington State at the state level in addition to this proposed delisting.
VI. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http www2.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This proposed action is exempt from review by the Office of Management and Budget because it is a proposed rule of particular applicability, not general applicability. The proposed action addresses modifications to an existing delisting petition under RCRA for the petitioned waste at a particular facility.

U.S.C. 15311538 and does not significantly or uniquely affect small governments. The action imposes no new enforceable duty on any state, local, or tribal governments or the private sector.
E. Executive Order 13132: Federalism This proposed action does not have federalism implications. It 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.
F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This proposed action does not have tribal implications as specified in Executive Order 13175. This proposed action applies only to a particular facility on non-tribal land. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks This proposed action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because the EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children.
H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use This proposed action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.

B. Paperwork Reduction Act This proposed action does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 44 U.S.C. 3501
et seq. because it only applies to a particular facility.

I. National Technology Transfer and Advancement Act
C. Regulatory Flexibility Act Because this proposed rule is of particular applicability relating to a particular facility, it is not subject to the regulatory flexibility provision of the Regulatory Flexibility Act 5 U.S.C. 601
et seq..

J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations
D. Unfunded Mandates Reform Act This proposed action does not contain any unfunded mandate as described in the Unfunded Mandates Reform Act 2

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This proposed action does not involve technical standards as described by the National Technology Transfer and Advancement Act of 1995 15 U.S.C.
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The EPA has determined that this proposed action does not have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations, and/or indigenous peoples.
The EPA has determined that this proposed action will not have
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