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[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Rules and Regulations]
[Pages 36363-36366]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15644]

[[Page 36363]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 262

[EPA-HQ-RCRA-2001-0032; FRL-9321-8]

Hazardous Waste Manifest Printing Specifications Correction Rule

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking Direct 
Final action on 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 Federal printing specifications. Specifically, 
this action amends 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 change will 
afford authorized manifest form printers greater flexibility in 
complying with the Federal printing specifications.

DATES: This Direct Final Rule is effective on August 22, 2011 without 
further notice unless EPA receives adverse comments by July 22, 2011. 
If an adverse comment is received, EPA will publish a timely withdrawal 
of the Direct Final Rule in the Federal Register informing the public 
that the rule will not take effect.

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_docket@EPA.gov and groce.bryan@epa.gov or 
lashier.rich@epa.gov. 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: groce.bryan@epa.gov, or lashier.rich@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Why is EPA using a direct final rule?

    EPA is publishing this rule without prior proposal because we view 
this as a non-controversial action and anticipate no adverse comment. 
However, in the ``Proposed Rules'' section of today's Federal Register 
publication, we are publishing a separate document that will serve as 
the proposed rule to adopt the provisions in this Direct Final rule if 
adverse comments are filed. We will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time. If we receive one or more adverse comments on this 
correction, we will publish a timely withdrawal in the Federal Register 
to notify the public that the amendment in this Direct Final rule that 
will not take effect. For further information about commenting on this 
rule, see the ADDRESSES section of this document.

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 opt to print manifests. No 
states are currently printing these forms.

III. What should I consider as I prepare my comments for EPA?

    1. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--the Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.

[[Page 36364]]

     Explain why you disagree, suggests alternatives, and 
substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible. Make sure to 
submit your comments by the comment period deadline identified.

IV. Acronyms

CFR United States Code of Federal Regulations
EPA United States Environmental Protection Agency
OMB Office of Management and Budget
RCRA Resource Conservation and Recovery Act
USC United States Code

V. Preamble

A. What is the legal authority for this direct final rule?

    This rule is authorized under Sections 1004 and 3002 of the 
Resource Conservation and Recovery Act (RCRA) of 1976, as amended, 42 
U.S.C. 6903 and 6922.

B. How does this direct final rule revise the federal printing 
specification regulations established in the March 2005 manifest 
revisions final rule?

    Today's action amends 40 CFR 262.21(f)(4) in order to revise the 
regulatory language that currently requires that the manifest copy 
distribution notations (printed in the bottom right-hand corner of each 
page of the manifest) be printed only in red ink. EPA is amending this 
paragraph by revising it to read: ``The manifest and continuation sheet 
must be printed in black ink that can be legibly photocopied, scanned, 
or faxed, except that the marginal words indicating copy distribution 
must be printed with a distinct ink color or with another method (e.g., 
white text against black background in a text box, or, black text 
against grey background in a text box) that clearly distinguishes the 
copy distribution notations from the other text and data entries on the 
form.'' This is the only manifest printing specification that we are 
revising in this Direct Final rule.

C. Why are we amending 40 CFR 262.21(f)(4)?

    EPA adopted a nationally standardized manifest form during the 
promulgation of the March 4, 2005 Manifest Form Revisions Rule (70 FR 
10776 et seq.) in order to replace the various State manifest forms 
that were previously distributed to users by the RCRA authorized 
States. The March 2005 rule also established the Manifest Registry 
system to ensure that authorized printers: (1) Produced the manifest 
form and continuation sheet with unique manifest tracking numbers pre-
printed on them; and (2) adhered to the prescribed Federal printing 
specifications. The Manifest Revisions Rule generally required in 40 
CFR 262.21(f)(4) that the manifest form be printed in black ink, except 
that certain marginal notations identifying the copy distribution 
requirements must be printed in red ink on all six copies of the multi-
paged form. EPA specified the red ink requirement for the copy 
distribution notations was based on comments received on the May 2001 
proposed rule notice. That is, while a number of commenters agreed that 
manifest printers should use black ink to print the form, several 
commenters suggested that the marginal notations should appear in red 
ink, because that ink color would help call attention to the copy 
distribution requirements and distinguish them from the remainder of 
the printed form entries.
    While the red ink requirement for the copy distribution notations 
seemed sensible when we promulgated the final rule in 2005, EPA now 
believes that the red ink requirement is too prescriptive, and may 
prevent printers from utilizing new printing processes and methods. For 
example, EPA recently received an application from a hazardous waste 
management company that wished to print its own manifest forms using 
laser printers mounted on its transport vehicles. While the applicant 
was able to comply with nearly all of the Manifest Registry application 
requirements and printing specifications prescribed in Sec.  262.21(f), 
the applicant could not easily comply with the aforementioned red ink 
requirement, while printing and assembling manifests on its transport 
vehicles. This difficulty resulted because the laser printers proposed 
for use in this mobile application could not produce red print. The 
applicant demonstrated with this application, however, that it could 
easily implement a highlighting method that had the desired effect of 
setting off the copy distribution notations from the other printed 
entries on the form. This application provided a good example of how 
the requirement in Sec.  262.21(f) for red ink was unnecessarily 
prescriptive, and that an amendment would make sense. EPA believes that 
today's amendment will allow manifest printers greater flexibility in 
complying with the printing specifications, without incurring any 
additional costs or compromising in any way the ability of the manifest 
forms to track hazardous waste shipments cradle-to-grave. EPA believes 
that this is a very minor and non-controversial change to the printing 
specifications, and therefore is an appropriate subject for a Direct 
Final rule.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (OMB) review 
and the requirements of the Executive Order. The Order defines a 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    OMB has determined that this rule is not a ``significant regulatory 
action'' under the terms of Executive Order 12866 and is therefore not 
subject to review under Executive Orders 12866 and 13563 (76 FR 3821, 
January 21, 2011). Accordingly, EPA did not submit this action to OMB 
for review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
This action provides additional flexibility to printers of the 
hazardous waste manifest by giving these printers additional options 
for printing in the margins of the manifest the copy distribution 
requirements for the form. While this action provides the printers with

[[Page 36365]]

additional flexibility when printing the manifest form, it will impose 
no new information collection burdens on the generators, transporters, 
or treatment, storage, disposal, or recycling facilities that are 
required to use the manifest to track shipments of hazardous waste.
    OMB has previously approved the information collection requirements 
contained in the existing manifest regulations at 40 CFR part 262, 
subpart B, under the provisions of the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. and has assigned OMB control number 2050-0039. A 
copy of the OMB approved Information Collection Request (ICR) may be 
obtained from the Collection Strategies Division, U.S. EPA (2822T), 
1200 Pennsylvania Ave., NW., Washington, DC 20460 or by calling (202) 
566-1672.
    Burden is defined at 5 CFR 1320.3(b). An agency may not conduct or 
sponsor, and a person is not required to respond to a collection of 
information unless it displays a currently valid OMB control number. 
The OMB control numbers for EPA's regulations in 40 CFR are listed in 
40 CFR part 9.

C. 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 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 action will not have a 
significant economic impact on a substantial number of small entities. 
This rule consists only of a minor technical change to the manifest 
printing specifications, and the effect of this change is to make it 
easier for printers to comply with the manifest printing specification 
by providing additional options. Therefore, this rule does 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 will not have any significant adverse economic impact on small 
entities, the RFA does not require EPA to perform a regulatory 
flexibility analysis.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or Tribal governments or the private 
sector.
    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of the regulatory actions on state, local, and Tribal 
governments and on the private sector. Under section 202 of the UMRA, 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to state, local, and Tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any one year. Before promulgating an EPA rule for 
which a written statement is needed, section 205 of the UMRA generally 
requires EPA to identify and consider a reasonable number of regulatory 
alternatives and adopt the least costly, most cost-effective or least 
burdensome alternative that achieves the objective of the rule. The 
provisions of section 205 do not apply when they are inconsistent with 
applicable law. Moreover, section 205 allows EPA to adopt an 
alternative other than the least costly, most cost-effective or least 
burdensome alternative if the Administrator publishes with the final 
rule an explanation why that alternative was not adopted.
    Before EPA establishes any regulatory requirements that may 
significantly or uniquely affect small governments, including Tribal 
governments, it must have developed under section 203 of the UMRA a 
small government agency plan. The plan must provide for notifying 
potentially affected small governments, enabling officials of affected 
small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    This action does not contain any ``Federal intergovernmental 
mandates'' or any ``Federal private sector mandates'' subject to Title 
II of the UMRA. This Direct Final rule simply makes a minor change that 
allows hazardous waste manifest printers more flexibility in meeting 
the printing specifications for the hazardous waste manifest form. The 
Manifest Registry program under which printers may register to print 
the hazardous waste manifest is a voluntary Federal program. Currently, 
there are no states, local governments, or Tribal governments involved 
with printing the manifest, but even if such a governmental agency 
elected to print the manifest, it would do so by participating in the 
voluntary Manifest Registry Program. The UMRA generally excludes from 
the definition of ``Federal intergovernmental mandate'' and the 
definition of ``Federal private sector mandate'' those duties that 
arise from participation in a voluntary Federal program. Since all 
participants in the Manifest Registry for printers do so voluntarily, 
this action is not subject to the requirements of sections 202 or 205 
of the UMRA. This action is also not subject to the requirements of 
section 203 of the UMRA, because it contains no regulatory requirements 
that might significantly or uniquely affect small governments. This 
action only affects hazardous waste manifest printers, and there are no 
small governments involved with printing the manifest. Thus, small 
governments are not significantly or uniquely affected by this action.

E. Executive Order 13132: Federalism

    This 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, as 
specified in Executive Order 13132. This action is only a minor 
regulatory change affecting the specifications under which hazardous 
waste manifest printers must print the manifest form. It does not 
impose substantial direct compliance costs. While the Federal printing 
specifications for manifest printers preclude States from requiring a 
different manifest form or different printing specifications, this 
preemptive effect arises under the RCRA consistency requirement for the 
manifest at 40 CFR 271.4 and from the uniformity requirements for the 
use of shipping papers under the Department of Transportation's 
Hazardous Materials transportation laws. The requirement for 
consistency and uniformity in the manifest, including the manifest 
printing specifications, was explained

[[Page 36366]]

in the Manifest Revisions Rule that EPA published in the March 4, 2005 
Federal Register (70 FR 10776). The minor change to the printing 
specifications announced in today's rule will provide some additional 
flexibility for manifest printers to print the copy distribution 
notations on the form.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249), requires EPA to develop 
a process to ensure ``meaningful and timely input by Tribal officials 
in the development of regulatory policies that have Tribal 
implications,'' as specified in Executive Order 13175. It will neither 
impose substantial direct compliance costs on Tribal governments, nor 
preempt Tribal law. This action has no effect on Tribal governments, as 
it only makes a minor change to the printing specifications that affect 
only entities printing the hazardous waste manifest. No Indian Tribes 
are involved with the printing of the hazardous waste manifest; nor are 
there any Indian Tribes with authorized Hazardous Waste regulatory 
programs that might have their own printing specifications for the 
hazardous waste manifest. Thus, Executive Order 13175 does not apply to 
this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997). This action is not economically significant within the 
meaning of Executive Order 12866. Further, the action amends an 
administrative requirement pertaining to the manifest form, so it does 
not give rise to any environmental health or safety risks that could 
disproportionately affect children.

H. Executive Order 13045: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 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.

I. National Technology Advancement Act

    Section 12(d) of the National Technology and Advancement Act of 
1995 (NTTAA), Public Law No. 104--113, section 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., material specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. NTTAA directs EPA to 
provide Congress, through the OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards. This 
action amends the hazardous waste manifest printing specifications 
which are developed and maintained solely by EPA. When EPA initially 
published the manifest printing specifications in March 2005, there 
were no potentially applicable voluntary consensus standards for 
manifest printers. EPA decided to develop the current printing 
specifications, which now prescribe the standards applicable to 
manifest printers. With this action, EPA is retaining and amending the 
Federal standards developed in the 2005 Manifest Revisions Rule.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    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. EPA has determined that this Direct 
Final rule will not have disproportionately high and adverse human 
health or environmental effects on minority or low-income populations 
because this rule simply makes a minor change to the hazardous waste 
manifest printing specifications. No minority or low-income population 
will be affected by this change.

K. Congressional Review Act

    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 
rule and other information required by the Congressional Review Act to 
the U.S. Senate, the U.S. House of Representatives, and the Comptroller 
General of the United States prior to publication in the Federal 
Register. Under this Act, 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). This Direct Final rule 
will be effective on August 22, 2011, unless EPA receives an adverse 
comment by July 22, 2011 and thereafter withdraws this direct final 
action.

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.
    40 CFR part 262 is amended as follows:

PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

0
1. The authority citation for part 262 continues to read as follows:

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

0
2. Section 262.21 is amended by revising paragraph (f)(4) to read as 
follows:

Sec.  262.21  Manifest tracking numbers, manifest printing, and 
obtaining manifests.

* * * * *
    (f) ** *
    (4) The manifest and continuation sheet must be printed in black 
ink that can be legibly photocopied, scanned, or faxed, except that the 
marginal words indicating copy distribution must be printed with a 
distinct ink color or with another method (e.g., white text against 
black background in text box, or, black text against grey background in 
text box) that clearly distinguishes the copy distribution notations 
from the other text and data entries on the form.
* * * * *
[FR Doc. 2011-15644 Filed 6-21-11; 8:45 am]
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