California: Authorization of State Hazardous Waste Management Program Revisions; Final Correction, 29207-29209 [2021-11394]

Download as PDF Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • 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. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). State submittal date * * Second Maintenance Plan for the Erie 1997 8-Hour Ozone Nonattainment Area. * Erie Area .......... * 2/27/20 * * * * * ACTION: 40 CFR Part 271 jbell on DSKJLSW7X2PROD with RULES [EPA–R09–RCRA–2019–0491; FRL–10023– 58–Region 9] California: Authorization of State Hazardous Waste Management Program Revisions; Final Correction Environmental Protection Agency (EPA). AGENCY: VerDate Sep<11>2014 17:21 May 28, 2021 Jkt 253001 Final authorization; correction. The Environmental Protection Agency (EPA) is finalizing corrections to the authorization of California’s hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA approved revisions to California’s federally authorized hazardous waste program (specifically, updates to California’s Universal Waste program) by publishing proposed and final rules in the Federal Register on October 18, 2019, and January 14, 2020, respectively. On March 5, 2021, the Agency published and sought public comment on a Proposed Rule to correct information PO 00000 Frm 00035 Fmt 4700 Dated: May 19, 2021. Diana Esher, Acting Regional Administrator, Region III. For the reasons stated in the preamble, the EPA amends 40 CFR part 52 as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Authority: 42 U.S.C. 7401 et seq. Subpart NN—Pennsylvania 2. In § 52.2020, the table in paragraph (e)(1) is amended by adding an entry for ‘‘Second Maintenance Plan for the Erie 1997 8-Hour Ozone Nonattainment Area’’ at the end of the table to read as follows: ■ § 52.2020 * Identification of plan. * * (e) * * * (1) * * * * 6/1/21, [insert Federal Register citation]. SUMMARY: ENVIRONMENTAL PROTECTION AGENCY Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. * EPA approval date [FR Doc. 2021–11401 Filed 5–28–21; 8:45 am] BILLING CODE 6560–50–P List of Subjects in 40 CFR Part 52 1. The authority citation for part 52 continues to read as follows: Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 2, 2021. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action, approving PADEP’s second maintenance plan for the Erie Area for the 1997 ozone Applicable geographic area NAAQS, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) ■ C. Petitions for Judicial Review Name of non-regulatory SIP revision Sfmt 4700 29207 * Additional explanation * * The Erie area consists solely of Erie County. contained in the October 18, 2019, Federal Register proposal and the January 14, 2020 approval. No comments were received on the proposed revisions. This document finalizes those corrections. This final authorization is effective July 1, 2021. DATES: The EPA has established a docket for this action under Docket ID No. EPA–R09–RCRA–2019–0491. Publicly available docket materials are available electronically through https:// www.regulations.gov. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Laurie Amaro, EPA Region 9, 75 Hawthorne St. (LND–1–1), San E:\FR\FM\01JNR1.SGM 01JNR1 29208 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES Francisco, CA 94105. By phone: (415) 972–3364 or by email at Amaro.Laurie@ epa.gov. SUPPLEMENTARY INFORMATION: A. What corrections to California’s hazardous waste program is the EPA authorizing with this action? The EPA approved revisions to California’s 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 State’s 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 260.20(a) and 260.23(a) through (d), respectively. In addition, the EPA added a footnote to the table clarifying the implications of the authorization of the State’s 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 State’s 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 California’s 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 California’s hazardous waste program as authorized in this rule? Codification is the process of placing citations and references to the State’s VerDate Sep<11>2014 16:41 May 28, 2021 Jkt 253001 statutes and regulations that comprise the State’s 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 California’s revisions at this time. However, the EPA reserves the right to amend 40 CFR part 272, subpart F, for the authorization of California’s 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. 104–4). 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 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 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 3006(b), the EPA grants a state’s 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 12(d) of the National Technology Transfer and Advancement Act of 1995 do not apply. See 15 U.S.C. 272 note, sec. 12(d)(3), Public Law 104–113, 110 Stat. 783 (Mar. 7, 1996) (exempting compliance with the NTTAA’s 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 General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the Executive Order. This correction to the rule authorizing California’s 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 E:\FR\FM\01JNR1.SGM 01JNR1 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations requirements, and imposes no additional requirements beyond those imposed by state law, and there are no anticipated significant adverse human health or environmental effects, the rule is not subject to Executive Order 12898. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this document and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the final rule correction in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This correction is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Authority: This action is issued under the authority of sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as amended, 42 U.S.C. 6912(a), 6926, and 6974(b). Dated: May 24, 2021. Deborah Jordan, Acting Regional Administrator, Region IX. [FR Doc. 2021–11394 Filed 5–28–21; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120404257–3325–02; RTID 0648–XB110] Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2021 Commercial Hook-and-Line Closure for South Atlantic Golden Tilefish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements an accountability measure for the commercial hook-and-line component of golden tilefish in the South Atlantic exclusive economic zone (EEZ). NMFS projects that commercial hook-and-line landings for golden tilefish will reach the commercial quota for the hook-andline component by June 1, 2021. jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:41 May 28, 2021 Jkt 253001 Therefore, NMFS closes the commercial hook-and-line component for golden tilefish in the South Atlantic EEZ on June 1, 2021. This closure is necessary to protect the golden tilefish resource. DATES: This temporary rule is effective at 12:01 a.m., Eastern Time, on June 1, 2021, until 12:01 a.m., Eastern Time, on January 1, 2022. FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional Office, telephone: 727–824–5305, email: mary.vara@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes golden tilefish and is managed under the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP). The FMP was prepared by the South Atlantic Fishery Management Council and NMFS, and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. All weights in this temporary rule are given in gutted weight. The commercial sector for golden tilefish has two components, each with its own quota: The hook-and-line and longline components (50 CFR 622.190(a)(2)). The golden tilefish commercial annual catch limit (ACL) is allocated 25 percent to the hook-andline component and 75 percent to the longline component. The total commercial ACL (equivalent to the commercial quota) for golden tilefish is 331,740 lb (150,475 kg), and the hookand-line component ACL is 82,935 lb (37,619 kg). Under 50 CFR 622.193(a)(1)(i), NMFS is required to close the commercial hook-and-line component for golden tilefish when its commercial ACL has been reached, or is projected to be reached, by filing such a notification with the Office of the Federal Register. NMFS has determined that the commercial ACL for the golden tilefish hook-and-line component in the South Atlantic will be reached by June 1, 2021. Accordingly, the commercial hook-andline component of South Atlantic golden tilefish is closed effective at 12:01 a.m., Eastern Time, on June 1, 2021. The commercial longline component for South Atlantic golden tilefish also closed on March 31, 2021, and will remain closed for the remainder of the current fishing year, through December 31, 2021 (86 FR 14549; March 17, 2021). Therefore, because the commercial longline component is already closed, and NMFS is closing the commercial PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 29209 hook-and-line component through this temporary rule, all harvest of South Atlantic golden tilefish in the EEZ is limited to the recreational bag and possession limits specified in 50 CFR 622.187(b)(2)(iii) and (c)(1) as long as the recreational sector is open. The operator of a vessel with a valid Federal commercial vessel permit for South Atlantic snapper-grouper having golden tilefish on board harvested by hook-and-line must have landed and bartered, traded, or sold such golden tilefish prior to 12:01 a.m., Eastern Time, on June 1, 2021. During the closure, the sale or purchase of golden tilefish taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of golden tilefish that were harvested by hook-and-line, landed ashore, and sold prior to 12:01 a.m., Eastern Time, on June 1, 2021, and were held in cold storage by a dealer or processor. For a person on board a vessel for which a Federal commercial or charter vessel/headboat permit for the South Atlantic snapper-grouper fishery has been issued, the recreational bag and possession limits and the sale and purchase prohibitions during the commercial closure for golden tilefish apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.190(c)(1)(ii). Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 622.193(a)(1), which was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment is unnecessary and contrary to the public interest. Such procedures are unnecessary because the regulations associated with the commercial closure of the golden tilefish hook-and-line component have already been subject to notice and public comment, and all that remains is to notify the public of the closure. Such procedures are also contrary to the public interest because of the need to immediately implement the closure to protect the golden tilefish resource and minimize the risk of exceeding the sector’s ACL. Prior notice and opportunity for public comment would require time and would result in exceeding the sector’s ACL. For the aforementioned reasons, the Acting Assistant Administrator also finds good cause to waive the 30-day E:\FR\FM\01JNR1.SGM 01JNR1

Agencies

[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Rules and Regulations]
[Pages 29207-29209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11394]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R09-RCRA-2019-0491; FRL-10023-58-Region 9]


California: Authorization of State Hazardous Waste Management 
Program Revisions; Final Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final authorization; correction.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
corrections to the authorization of California's hazardous waste 
program under the Resource Conservation and Recovery Act (RCRA). The 
EPA approved revisions to California's federally authorized hazardous 
waste program (specifically, updates to California's Universal Waste 
program) by publishing proposed and final rules in the Federal Register 
on October 18, 2019, and January 14, 2020, respectively. On March 5, 
2021, the Agency published and sought public comment on a Proposed Rule 
to correct information contained in the October 18, 2019, Federal 
Register proposal and the January 14, 2020 approval. No comments were 
received on the proposed revisions. This document finalizes those 
corrections.

DATES: This final authorization is effective July 1, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-RCRA-2019-0491. Publicly available docket 
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Laurie Amaro, EPA Region 9, 75 
Hawthorne St. (LND-1-1), San

[[Page 29208]]

Francisco, CA 94105. By phone: (415) 972-3364 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:

A. What corrections to California's hazardous waste program is the EPA 
authorizing with this action?

    The EPA approved revisions to California's 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 State's 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 260.20(a) and 260.23(a) through (d), 
respectively. In addition, the EPA added a footnote to the table 
clarifying the implications of the authorization of the State's 
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 State's 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 
California-only 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 California's 
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 California's hazardous 
waste program as authorized in this rule?

    Codification is the process of placing citations and references to 
the State's statutes and regulations that comprise the State's 
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 California's revisions at this time. 
However, the EPA reserves the right to amend 40 CFR part 272, subpart 
F, for the authorization of California's 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. 104-4). 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 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 3006(b), the EPA grants a state's 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 12(d) of the National Technology Transfer and 
Advancement Act of 1995 do not apply. See 15 U.S.C. 272 note, sec. 
12(d)(3), Public Law 104-113, 110 Stat. 783 (Mar. 7, 1996) (exempting 
compliance with the NTTAA's 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 General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the Executive Order. This correction to the rule authorizing 
California's 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

[[Page 29209]]

requirements, and imposes no additional requirements beyond those 
imposed by state law, and there are no anticipated significant adverse 
human health or environmental effects, the rule is not subject to 
Executive Order 12898. The Congressional Review Act, 5 U.S.C. 801 et 
seq., as added by the Small Business Regulatory Enforcement Fairness 
Act of 1996, generally provides that before a rule may take effect, the 
agency promulgating the rule must submit a rule report, which includes 
a copy of the rule, to each House of the Congress and to the 
Comptroller General of the United States. The EPA will submit a report 
containing this document and other required information to the U.S. 
Senate, the U.S. House of Representatives, and the Comptroller General 
of the United States prior to publication of the final rule correction 
in the Federal Register. A major rule cannot take effect until 60 days 
after it is published in the Federal Register. This correction is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

    Authority: This action is issued under the authority of sections 
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as 
amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

    Dated: May 24, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-11394 Filed 5-28-21; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.