[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Proposed Rules]
[Pages 36480-36482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15645]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 262
[EPA-HQ-RCRA-2001-0032; FRL-9321-7]
Hazardous Waste Manifest Printing Specifications Correction Rule
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing a minor
change to the Resource Conservation and Recovery Act (RCRA) hazardous
waste manifest regulations that affects those entities that print the
hazardous waste manifest form in accordance with EPA's specifications.
Specifically, this action proposes to amend the current printing
specification regulation to indicate that red ink, as well as other
distinct colors, or other methods to distinguish the copy distribution
notations from the rest of the printed form and data entries are
permissible. This proposed change would afford authorized manifest form
printers
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greater flexibility in complying with the Federal hazardous waste
manifest printing specifications.
DATES: Written comments must be received by July 22, 2011.
ADDRESSES: Submit your comments identified by Docket ID No. EPA-HQ-
RCRA-2001-0032 by one of the following methods:
http://www.regulations.gov: follow the on-line
instructions for submitting comments.
E-mail: RCRA [email protected] and [email protected] or
[email protected]. Attention Docket ID No. EPA-HQ-RCRA-2001-0032.
Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-RCRA-
2001-0032.
Mail: RCRA Docket (28221T), U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Attention
Docket ID No. EPA-HQ-RCRA-2001-0032. Please include a total of two
copies of your comments.
Hand Delivery: Please deliver two copies to the EPA Docket
Center, EPA West Building, Room 3334, 1301 Connecticut Ave., NW.,
Washington, DC. Such deliveries are only accepted during the Docket's
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-
2001-0032. EPA's policy is that all comments received will be included
in the public docket without change and be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are within the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the HQ-Docket Center,
Docket ID No. EPA-HQ-RCRA-2001-0032, EPA West Building, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the RCRA Docket is (202) 566-
0270. A reasonable fee may be charged for copying docket materials.
FOR FURTHER INFORMATION CONTACT: For more information on this
rulemaking, contact Bryan Groce or Richard LaShier, U.S. Environmental
Protection Agency, Office of Resource Conservation and Recovery (MC:
5304P), 1200 Pennsylvania Ave., NW., Washington, DC 20460; Phone for
Bryan Groce: (703) 308-8750, Phone for Richard LaShier: (703) 308-
8796; or e-mail: [email protected], or [email protected].
SUPPLEMENTARY INFORMATION:
I. Why is EPA issuing this proposed rule?
EPA is proposing a minor amendment that would change the Federal
printing specifications applicable to those entities that print the
hazardous waste manifest form. This proposed rule would change only the
printing specification in 40 CFR 262.21(f)(4) that currently requires
that certain copy distribution notations appearing in the margins of
the form must be printed only in red ink. In the ``Rules and
Regulations'' section of this Federal Register, EPA is making this
change as a Direct Final rule without a prior proposed rule, because we
view this as a non-controversial action and anticipate no adverse
comment. We have explained our reasons for this proposed action in the
preamble to the Direct Final rule. If we receive no adverse comment on
this minor change we are publishing today, we will not take further
action on this proposed rule. If, however, we receive adverse comment,
we will publish a timely withdrawal in the Federal Register to notify
the public that the regulatory amendment in the Direct Final rule will
not take effect, and the reasons for such a withdrawal. If the Direct
Final rule in the Rules and Regulations section of this Federal
Register is withdrawn, all comments will be addressed in a subsequent
final action on the proposed rule. We do not intend to institute a
second comment period on this action. Any parties interested in
commenting must do so at this time.
The regulatory text for this proposal is identical to that for the
Direct Final rule published in the Rules and Regulations section of
this Federal Register. For further information, please see the
information provided in the ADDRESSES section of this Federal Register.
II. Does this action apply to me?
Entities potentially affected by this action are the hazardous
waste manifest printers subject to 40 CFR 262.21(f) of the RCRA
hazardous waste regulations. States are not affected by the changes to
the printing specifications unless they should opt to print manifests.
No states are currently printing these forms.
III. Statutory and Executive Order Reviews
For a complete discussion of all the administrative requirements
applicable to this action, see the discussion in the ``Statutory and
Executive Order Reviews'' section to the preamble for the Direct Final
rule that is published in the Rules and Regulations section of this
Federal Register.
A. Regulatory Flexibility Act.
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, a small entity is defined as: (1) A small business as defined
by the Small Business
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Administration's (SBA) regulations at 13 CFR 121.201; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of today's Direct Final rule
on small entities, I certify that this proposed rule will not have a
significant economic impact on a substantial number of small entities.
This action proposes only a minor change to the manifest printing
specifications, and the effect of this proposed change would make it
easier for printers to comply with the manifest printing specification
by providing additional options. Therefore, this proposed rule would
not impose any new burden or costs on printers or users of the
manifest, including printers and users who are small entities as
defined by the RFA. Since the rule would not have any significant
adverse economic impact on small entities, the RFA does not require EPA
to perform a regulatory flexibility analysis.
List of Subjects in 40 CFR Part 262
Environmental protection, Exports, Hazardous materials
transportation, Hazardous waste, Imports, Labeling, Packaging and
containers, Reporting and recordkeeping requirements.
Dated: June 15, 2011.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste & Emergency Response.
[FR Doc. 2011-15645 Filed 6-21-11; 8:45 am]
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