Federal Register - October 1, 2021

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Source: Federal Register

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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
stringent than previous federal regulations.
B. Effect on State Authorization Because of the federal governments special role in matters of foreign policy, EPA does not authorize States to administer Federal import/export functions in any section of the RCRA
hazardous waste regulations. This approach of having Federal, rather than State, administering of the import/
export functions promotes national coordination, uniformity and the expeditious transmission of information between the United States and foreign countries.
Although States do not receive authorization to administer the Federal governments import/export functions in 40 CFR part 262 subpart H, or the import/export relation functions in any other section of the RCRA hazardous waste regulations, State programs are still required to adopt the provisions in this rule to maintain their equivalency with the Federal program see 40 CFR
271.10e. The States that have already adopted 40 CFR part 262 subpart H, 40
CFR part 264, and 40 CFR part 265 must adopt the revisions to those provisions in this final rule. When a State adopts the import/export provisions in this final rule, they must not replace Federal or international references or terms with State references or terms.
The provisions of this rule will take effect in all States on the effective date of the rule, since these import and export requirements will be administered by the Federal government as a foreign policy matter and will not be administered by States.
IV. Do any of the statutory and Executive Order reviews apply to this action?
This final rule changes the regulations related to code numbers and descriptions for twelve hazardous waste import-export recovery and disposal operations used in hazardous waste export and import notices and subsequent movement documents 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 and that become effective on October 31, 2021. This action is not a significant regulatory action and is therefore not subject to OMB review under Executive Order 12866, entitled Regulatory Planning and Review 58 FR 51735, October 4, 1993. Additionally, this action is not a significant regulatory action and does not impose any new information collection burden under the Paperwork
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Reduction Act. The changes made to the regulations because of this action merely revise certain recovery and disposal operations that are listed in export and import notices and related movement documents. They impose no new reporting requirements on regulated parties. Because this action is not subject to notice and comment requirements under the Administrative Procedure Act or any other statute, it is not subject to the Regulatory Flexibility Act 5 U.S.C. 601 et seq. or Sections 202 and 205 of the Unfunded Mandates Reform Act of 1999 UMRA Pub. L.
1044. In addition, this action does not significantly or uniquely affect small governments. This action does not create new binding legal requirements that substantially and directly affect Tribes under Executive Order 13175 65
FR 67249, November 9, 2000. This action does not have significant Federalism implications under Executive Order 13132 64 FR 43255, August 10, 1999. Because this final rule has been exempted from review under Executive Order 12866, this final rule is not subject to Executive Order 13211, entitled Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use 66
FR 28355, May 22, 2001 or Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks 62 FR 19885, April 23, 1997. This final rule does not contain any new information collections subject to OMB approval under the Paperwork Reduction Act PRA, 44
U.S.C. 3501 et seq., nor does it require any special considerations under Executive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations 59 FR 7629, February 16, 1994. This action does not involve technical standards; thus, the requirements of Section 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C.
272 note do not apply.
The Congressional Review Act CRA, 5 U.S.C. 801 et seq., generally provides that before certain actions may take effect, the agency promulgating the action must submit a report, which includes a copy of the action, to each House of the Congress and to the Comptroller General of the United States. This final action is subject to the CRA, and the EPA will submit a rule report to each House of Congress and to the Comptroller General of the United States. This action is not a major rule as defined by U.S.C. 8042.

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List of Subjects 40 CFR Part 262
Environmental protection, Exports, Hazardous materials transportation, Hazardous waste, Imports, Labeling, Packaging and containers, Reporting and recordkeeping requirements.
40 CFR Part 264
Environmental protection, Hazardous waste, Imports, Packaging and containers, Reporting and recordkeeping requirements.
40 CFR Part 265
Environmental protection, Hazardous waste, Imports, Packaging and containers, Reporting and recordkeeping requirements.
Dated: September 28, 2021.
Barry N. Breen, Acting Assistant Administrator, Office of Land and Emergency Management.

For the reasons stated in the preamble, EPA amends title 40, chapter 1 of the Code of Federal Regulations as follows:
PART 262STANDARDS APPLICABLE
TO GENERATORS OF HAZARDOUS
WASTE
1. The authority citation for part 262
continues to read as follows:

Authority: 42 U.S.C 6906, 6912, 6922
6925, 6937, 6938 and 6939g.

2. Amend 262.81 by:
a. In the definition of Disposal operations revising paragraphs 13
through 17; and b. In the definition ofRecovery operations, revising paragraphs 11
through 16.
The revisions read as follows:

262.81

Definitions.

Disposal operations

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
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Federal Register - October 1, 2021

TitoloFederal Register

PaeseStati Uniti

Data01/10/2021

Conteggio pagine257

Numero di edizioni7798

Prima edizione14/03/1936

Ultima edizione18/06/2026

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