[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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