53558 Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2019–0385, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. 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 OPP 

Docket is (703) 305–5805. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Acting Director, 

Registration Division (7505P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001; 

telephone number: (703) 305–7090; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

The Agency included in the April 19, 

2021 final rule a list of those who may 

be potentially affected by this action. 

II. What does this technical correction 

do? 

EPA issued a final rule in the Federal 

Register of April 19, 2021 (86 FR 20290) 

(FRL–10018–60) that established 

tolerances for residues of the insecticide 

metaflumizone in or on multiple 

commodities. While establishing 

tolerances in response to a petition 

requesting these tolerances, EPA 

included erroneous language in its 

instructions to the Federal Register, by 

directing the removal of the existing 

tolerance established in § 180.657 for 

‘‘Fruit, stone, group 12–12’’. Instead of 

instructing the Federal Register to 

Remove the entries for ‘‘Fruit, citrus, 

group 10–10’’; ‘‘Fruit, pome, group 11– 

10’’; and ‘‘Fruit, stone, group 12–12’’ the 

instructions should have only directed 

the removal of entries for ‘‘Fruit, citrus, 

group 10–10’’ and ‘‘Fruit, pome, group 

11–10’’. EPA’s instructions to remove 

the tolerances for ‘‘Fruit, stone, group 

12–12’’ were not consistent with its 

authority under FFDCA section 

408(d)(4)(A). Therefore, EPA is 

rescinding its instruction to remove 

‘‘Fruit, stone, group 12–12’’ and 

reinstating the tolerance level at 0.04 

parts per million. 

III. Why is this correction issued as a 

final rule? 

Section 553 of the Administrative 

Procedure Act (APA) (5 U.S.C. 

553(b)(3)(B)) provides that, when an 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a final 

rule without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making this technical correction 

final without prior proposal and 

opportunity for comment, because EPA 

inadvertently deleted the existing 

tolerance established for ‘‘Fruit, stone, 

group 12–12’’. EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(3)(B). 

IV. Do any of the statutory and 

executive order reviews apply to this 

action? 

No. For a detailed discussion 

concerning the statutory and Executive 

order review, refer to Unit VI. of the 

April 19, 2021 final rule. 

V. Congressional review act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule 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. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: September 14, 2021. 

Marietta Echeverria, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is correcting 40 CFR part 

180 as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.657, amend the table in 

paragraph (a)(1) by adding in 

alphabetical order the entry ‘‘Fruit, 

stone, group 12–12’’ to read as follows: 

§ 180.657 Metaflumizone; tolerances for 

residues. 

(a) * * * 

(1) * * * 

TABLE 1 TO PARAGRAPH (a)(1) 

Commodity Parts per 

million 

* * * * * 

Fruit, stone, group 12–12 ..... 0.04 

* * * * * 

* * * * * 

[FR Doc. 2021–20357 Filed 9–27–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R09–RCRA–2021–0431; FRL–8828– 

02–R9] 

Arizona: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final action/decision/ 

authorization. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action on the authorization of Arizona’s 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA). These changes 

were outlined in an application to the 

EPA and correspond to certain Federal 

rules promulgated between July 1, 2007, 

and June 30, 2020. We have determined 

that these changes satisfy all 

requirements needed for final 

authorization. 

DATES: This authorization is effective on 

November 29, 2021 without further 

notice, unless the EPA receives adverse 

comment by October 28, 2021. If the 

EPA receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the authorization will not take 

effect. 

ADDRESSES: All documents in the docket 

are listed in the www.regulations.gov 

index. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy. You may also view 

Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations 53559 

Arizona’s application by contacting the 

Arizona Department of Environmental 

Quality Records Center at 602–771– 

4380, Monday through Friday, 8:30 a.m. 

to 4:30 p.m. 

Instructions: Submit your comments 

to EPA, identified by Docket ID No. 

EPA–R09–RCRA–2021–0047, at https:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). The https:// 

www.regulations.gov website 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 email comment directly 

to EPA without going through https://

www.regulations.gov, your email 

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. 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 FURTHER INFORMATION CONTACT: 

Sorcha Vaughan, Vaughan.Sorcha@

epa.gov, 415–947–4217. 

SUPPLEMENTARY INFORMATION: 

A. Why is the EPA using a direct final 

authorization? 

The EPA is publishing this 

authorization without a prior proposal 

because we view this as a 

noncontroversial action and anticipate 

no adverse comment. This action is a 

routine program change. However, in 

the ‘‘Proposed Rules’’ section of this 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rulemaking allowing the 

public an opportunity to comment. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on this authorization, see 

the ADDRESSES section of this document. 

If the EPA receives adverse comment, 

we will publish a timely withdrawal in 

the Federal Register informing the 

public that this direct final 

authorization will not take effect. We 

will address all public comments in a 

subsequent final authorization and base 

any further decision on the 

authorization of the state program 

changes after considering all comments 

received during the comment period. 

B. Why are revisions to state programs 

necessary? 

States that have received final 

authorization from the EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, states must change their 

programs and ask the EPA to authorize 

the changes. Changes to state programs 

may be necessary when Federal or state 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, states must 

change their programs because of 

changes to the EPA’s regulations in 40 

Code of Federal Regulations (CFR) parts 

124, 260 through 268, 270, 273, and 279. 

New Federal requirements and 

prohibitions imposed by Federal 

regulations that the EPA promulgates 

pursuant to the Hazardous and Solid 

Waste Amendments of 1984 (HSWA) 

take effect in authorized states at the 

same time they take effect in 

unauthorized states. Thus, the EPA will 

implement those requirements and 

prohibitions in Arizona, including the 

issuance of new permits implementing 

those requirements, until the State is 

granted authorization to do so. 

C. What decisions has the EPA made in 

this authorization? 

Arizona submitted a complete 

program revision application dated June 

7, 2021, seeking authorization of 

changes to its hazardous waste program 

corresponding to certain Federal rules 

promulgated between July 1, 2007 and 

June 30, 2020. The EPA concludes that 

Arizona’s application to revise its 

authorized program meets all of the 

statutory and regulatory requirements 

established under RCRA, as set forth in 

RCRA section 3006(b), 42 U.S.C. 

6926(b), and 40 CFR part 271. Therefore, 

the EPA proposes to grant Arizona final 

authorization to operate its hazardous 

waste program with the changes 

described in the authorization 

application, and as outlined below in 

section F of this document. 

Arizona has responsibility for 

permitting treatment, storage, and 

disposal facilities within its borders 

(except in Indian country) and for 

carrying out the aspects of the RCRA 

program described in its program 

revision application, subject to the 

limitations of HSWA, as discussed 

above. 

D. What is the effect of this 

authorization decision? 

The effect of this decision is that the 

changes described in Arizona’s 

authorization application will become 

part of the authorized State hazardous 

waste program and will therefore be 

federally enforceable. Arizona will 

continue to have primary enforcement 

authority and responsibility for its State 

hazardous waste program. The EPA will 

maintain its authorities under RCRA 

sections 3007, 3008, 3013, and 7003, 

including its authority to: Conduct 

inspections, and require monitoring, 

tests, analyses, and reports; enforce 

RCRA requirements, including 

authorized State program requirements, 

and suspend or revoke permits; and take 

enforcement actions regardless of 

whether the State has taken its own 

actions. 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which the EPA is 

authorizing Arizona are already 

effective under State law and are not 

changed by this action. 

E. What has Arizona previously been 

authorized for? 

Arizona initially received final 

authorization on November 20, 1985, to 

implement its base hazardous waste 

management program. Arizona received 

authorization for revisions to its 

program on August 6, 1991 (56 FR 

37290 effective October 7, 1991), July 

13, 1992 (57 FR 30905 effective 

September 11, 1992), November 23, 

1992 (57 FR 54932 effective January 22, 

1993), October 27, 1993 (58 FR 57745 

effective December 27, 1993), July 18, 

1995 (60 FR 36731 effective June 12, 

1995), March 7, 1997 (62 FR 10464 

effective May 6, 1997), October 28, 1998 

(63 FR 57605–57608 effective December 

28, 1998), March 17, 2004 (69 FR 12544 

effective March 17, 2004, originally 

published on October 27, 2000 (65 FR 

64369)), and December 20, 2017 (82 FR 

60550 effective January 20, 2018). 

53560 Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations 

F. What changes is the EPA authorizing 

with this action? 

Arizona submitted a final complete 

program revision application to EPA 

dated June 7, 2021, seeking 

authorization of changes to its 

hazardous waste program that 

correspond to certain Federal rules 

promulgated between July 1, 2007 and 

June 30, 2020 (Checklists 217–220, 222, 

223, 225–242). EPA proposes to 

determine, subject to receipt of written 

comments that oppose this action, that 

Arizona’s hazardous waste program 

revisions are equivalent to, consistent 

with, and no less stringent than the 

Federal program, and therefore satisfy 

all the requirements necessary to qualify 

for authorization. Arizona adopts by 

reference the Federal RCRA regulations 

in effect as of June 30, 2020, at Arizona 

Administrative Code Title 18, Chapter 8, 

Article 2 (A.A.C R18–8–260 through 

280, effective as of December 31, 2020). 

Description of Federal requirement and 

checklist No. 

Federal Register 

volume, page and 

date 

Arizona Administrative 

Register (A.A.R) and 

effective date 

Arizona Administrative Code (A.A.C) 

implementing rule sections 

NESHAP: Final Standards for Hazardous 

Waste Combustors (Phase I Final Replacement Standards and Phase II) Amendments 

(217).

73 FR 18970 (4/8/ 

2008).

21 A.A.R 1246 (9/05/ 

2015).

R18–8–264 (A), R18–8–266 (A). 

F019 Exemption for Wastewater Treatment 

Sludges from Auto Manufacturing Zinc 

Phosphating Processes.

73 FR 31756 (6/04/ 

2008).

21 A.A.R 1246 (9/05/ 

2015).

R18–8–261 (A). 

Revisions to DSW Rule (219) .......................... 73 FR 64668–64788 

(10/30/2008).

26 A.A.R 2949 (11/03/ 

2020).

R18–8–260 (C), R18–8–261 (A), R18–8–270 

(A). 

Academic Laboratories Generator Standards 

(220).

73 FR 72912 (12/01/ 

2008).

21 A.A.R 1246 (9/05/ 

2015).

R18–8–262 (A). 

OECD Requirements; Export Shipments of 

Spent Lead-Acid Batteries (222).

75 FR 1236–1262 (1/ 

8/2010).

21 A.A.R 1246 (9/05/ 

2015).

R 18–8–262 (A), R18–8–263 (A), R18–8–264 

(A), R18–8–264 (A), R18–8–266 (A). 

Technical Corrections/Clarifications (223) ....... 75 FR 12989–13009 

(3/18/2010), 75 FR 

31716–31717 (6/4/ 

2010).

21 A.A.R 1246 (9/05/ 

2015).

R18–8–260 (C), R18–8–262 (A), R18–8–262 

(A), R18–8–263(A), R18–8–264 (A), R18– 

8–265 (A), R18–8–266 (A), R18–8–268, 

R18–8–270 (A). 

Removal of Saccharin and its Salts from the 

list of HW (225).

75 FR 78918–78926 

(12/17/2010).

21 A.A.R 1246 (9/05/ 

2015).

R18–8–261(A), R18–8–268. 

Academic Laboratories Generator Standards 

Technical Corrections (226).

75 FR 79304 (12/20/ 

2010).

21 A.A.R 1246 (9/05/ 

2015).

R18–8–261 (A), R18–8–262 (A). 

Revisions to Treatment Standards of Carbamate Wastes (227).76 FR 34147–34157 

(6/13/2011).

21 A.A.R 1246 (9/05/ 

2015).

R18–8–268. 

Technical Correction/Clarification (228) ........... 77 FR 22229–22232 

(4/13/2012).

21 A.A.R 1246 (9/05/ 

2015).

R18–8–261 (A), R18–8–266 (A). 

Conditional Exclusions for Solvent Contaminated Wipes (229).78 FR 46448–46485 

(7/31/2013).

21 A.A.R 1246 (9/05/ 

2015).

R18–8–260 (A), R18–8–261 (A). 

Conditional Exclusion for Carbon Dioxide 

(CO2) Streams in Geologic Sequestration 

Activities (230).

79 FR 350 (1/03/2014) 25 A.A.R 435 (2/05/ 

2019).

R18–8–260 (C), R18–8–261 (A). 

Hazardous Waste Electronic Manifest System 

(231).

79 FR 7518–7563 (2/ 

7/2014).

25 A.A.R 435 (2/05/ 

2019).

R18–8–260 (C), R18–8–262 (A), R18–8–263 

(A), R18–8–264 (A), R18–8–265 (A). 

Revisions to Export Provisions of the Cathode 

Ray Tube (CRT) Rule (232).

79 FR 36220–36231 

(6/26/2014).

25 A.A.R 435 (2/05/ 

2019).

R18–8–260 (C), R18–8–261 (A). 

Revision to DSW Rule–Non-waste determinations and variances (233).80 FR 1694–1814 (1/ 

13/2015).

26 A.A.R 2949 (11/03/ 

2020).

R18–8–260 (C), R18–8–261 (A), R18–8–270 

(A). 

Vacatur of Comparable Fuels and Gasification 

(234).

80 FR 18777–18780 

(4/8/2015).

25 A.A.R 435 (2/05/ 

2019).

R18–8–260 (C), R18–8–261 (A). 

Disposal of Coal Combustion Residuals from 

Electric Utilities (235).

80 FR 21302 (4/17/ 

2015).

25 A.A.R 435 (2/05/ 

2019).

R18–8–261 (A). 

Imports and Exports of Hazardous Waste 

(236).

81 FR 85696–85729 

(11/28/2016), 82 FR 

41015–41016 (8/29/ 

2017).

25 A.A.R 435 (2/05/ 

2019).

R18–8–260 (C), R18–8–261 (A), R18–8–262 

(A), R18–8–263 (A), R18–8–264 (A), R18– 

8–265 (A), R18–8–266 (A), R18–8–273 

Generator Improvements Rule (237) ............... 81 FR 85732–85829 

(11/28/2016).

25 A.A.R 435 (2/05/ 

2019).

R18–8–260 (C), R18–8–265 (A), R18–8–268, 

R18–8–270(A), R18–8–273. 

Confidentiality Determinations for Hazardous 

Waste Export and Import Documents (238).

82 FR 60894–60901 

(12/26/2017).

25 A.A.R 435 (2/05/ 

2019).

R18–8–260 (C), R18–8–261 (A), R18–8–262 

(A). 

Hazardous Waste Electronic Manifest System 

User Fee (239).

83 FR 420–462 (1/3/ 

2018).

25 A.A.R 435 (2/05/ 

2019).

R18–8–260 (C), R18–8–262 (A), R18–8–263 

(A), R18–8–264 (A), R18–8–265 (A). 

Safe Management of Recalled Airbags (240) .. 83 FR 61552 (11/30/ 

2018).

26 A.A.R 2949 (11/03/ 

2020).

R18–8–260 (C), R18–8–261 (A), R18–8–262 

(A). 

Management Standards for Hazardous Waste 

Pharmaceuticals and Amendment to the 

P075 Listing for Nicotine (241).

84 FR 5816 (2/22/ 

2019).

26 A.A.R 2949 (11/03/ 

2020).

R18–8–260 (C), R18–8–261(A), R18–8–262 

(A), R18–8–263 (A), R18–8–264 (A), R18– 

8–265 (A), R18–8–266(A), R18–8–286, 

R18–8–270 (A), R18–8–273. 

Universal Waste Regulations: Addition of Aerosol Cans (242).84 FR 67202 (12/09/ 

2019).

26 A.A.R 2949 (11/03/ 

2020).

R18–8–260 (C), R18–8–261 (A), R18–8–264 

(A), R18–8–265 (A), R18–8–268, R18–8– 

270 (A), R18–8–273. 

Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations 53561 

G. Where are the revised state rules 

different than the Federal rules? 

More Stringent: When revised state 

rules differ from the Federal rules in the 

RCRA state authorization process, the 

EPA determines whether the state rules 

are equivalent to, more stringent than, 

or broader in scope than the Federal 

program. Pursuant to RCRA section 

3009, 42 U.S.C. 6929, state programs 

may contain requirements that are more 

stringent than the Federal regulations. 

Such more stringent requirements can 

be federally authorized and, once 

authorized, become federally 

enforceable. Although the statute does 

not prevent states from adopting 

regulations that are broader in scope 

than the Federal program, states cannot 

receive Federal authorization for such 

regulations, and they are not federally 

enforceable. 

Since 1984, Arizona’s hazardous 

waste rules have contained several 

procedural requirements that are more 

stringent than EPA’s. These more 

stringent procedural requirements are 

authorized by Arizona Revised Statutes 

(ARS) section 49–922, which in 

directing Arizona to adopt hazardous 

waste rules, prohibits only 

nonprocedural standards that are more 

stringent than EPA’s. There are no State 

requirements in the program revisions 

listed in the table above that are 

considered to be more stringent or 

broader in scope than the Federal 

requirements. 

Removed Rules: On March 1, 2019, 

Arizona updated its hazardous waste 

program rules and removed the 

following procedural requirements that 

were more stringent than the EPA’s 

Rules: 

• Annual Reports: Arizona eliminated 

the requirement that Large Quantity 

Generators, Transfer, Storage and 

Disposal (TSD) Facilities, and Recyclers 

submit annual reports [previously in 

AAC R18–8–260(E)(3); R18–8–262(H), 

R18–8–264(I) and R18–8–265(I), ACC 

R18–8–261(J)]. 

• Hazardous Waste Manifest: Arizona 

no longer requires hazardous waste 

generators, transporters and TSD 

Facilities to provide a copy of all 

hazardous waste manifests to Arizona’s 

Department of Environmental Quality 

monthly [previously in AAC R18–8– 

262(I) and (J); R18–8–263(C), R18–8– 

264(J) and R18–8–265(J)]. 

Nondelegable Rules: The EPA cannot 

authorize states to implement certain 

Federal requirements associated with 

the Revisions to the Export Provisions of 

the Cathode Ray Tube (CRT) Rule 

(Checklist 232), Confidentiality 

Determinations for Hazardous Waste 

Export and Import Documents Rule 

(Checklist 238), and the Hazardous 

Waste Electronic Manifest User Fee Rule 

(Checklist 239). Arizona has adopted 

these requirements and appropriately 

preserved the EPA’s authority to 

implement them. 

Other than the differences discussed 

above, Arizona incorporates by 

reference the remaining Federal rules 

listed in section F, so there are no 

significant differences between the 

remaining Federal rules and the revised 

State rules being authorized in this 

action. 

H. Who handles permits after the 

authorization takes effect? 

When final authorization takes effect, 

Arizona will issue permits for all the 

provisions for which it is authorized 

and will administer the permits it 

issues. The EPA will continue to 

administer any RCRA hazardous waste 

permits or portions of permits that the 

EPA issued prior to the effective date of 

authorization until they expire or are 

terminated. The EPA will not issue any 

new permits or new portions of permits 

for the provisions listed in the table 

above after the effective date of the final 

authorization. The EPA will continue to 

implement HSWA requirements for 

which Arizona is not yet authorized. 

The EPA has the authority to enforce 

state-issued permits after the state is 

authorized. 

I. How does this action affect Indian 

country (18 U.S.C. 1151) in Arizona? 

Arizona is not authorized to carry out 

the hazardous waste program in Indian 

country. Therefore, this action has no 

effect on Indian country. EPA retains 

jurisdiction over Indian country and 

will continue to implement and 

administer the RCRA program on these 

lands. 

J. What is codification and is the EPA 

codifying Arizona’s hazardous waste 

program as authorized in this 

authorization? 

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 Arizona’s revisions at 

this time. However, the EPA reserves 

the ability to amend 40 CFR part 272, 

subpart L, for the authorization of 

Arizona’s program changes at a later 

date. 

K. Statutory and Executive Order 

Reviews 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

12866 (58 FR 51735, October 4, 1993) 

and 13563 (76 FR 3821, January 21, 

2011). This action authorizes state 

requirements for the purpose of RCRA 

section 3006 and imposes no additional 

requirements beyond those imposed by 

state law. Therefore, this action is not 

subject to review by OMB. I certify that 

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 authorizes 

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 (2 U.S.C. 1531– 

1538). For the same reason, 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 

authorizes state requirements as part of 

a 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 

make decisions based on environmental 

health or safety risks. This action 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 

53562 Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations 

1See Order, Facing Foster Care et al. v. HHS, No. 

21–cv–00308 (D.D.C. Feb. 2, 2021) (order 

postponing effective date), ECF No. 18. 

2See Order, Facing Foster Care et al. v. HHS, No. 

21–cv–00308 (D.D.C. Aug. 5, 2021) (order 

postponing effective date), ECF No. 23. 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this authorization, 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 

this action 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 action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

‘‘Burden’’ is defined at 5 CFR 1320.3(b). 

Executive Order 12898 (59 FR 7629, 

February 16, 1994), as amended by 

Executive Order 14008 (86 FR 7619, 

February 1, 2021), 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 action authorizes preexisting state rules which are at least 

equivalent to, and no less stringent than 

existing Federal requirements, and 

imposes no additional requirements 

beyond those imposed by state law, and 

there are no anticipated significant 

adverse human health or environmental 

effects, this authorization 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 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). 

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: September 1, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–19986 Filed 9–27–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 75 

RIN 0991–AC16 

Health and Human Services Grants 

Regulation 

AGENCY: Assistant Secretary for 

Financial Resources (ASFR), Health and 

Human Services (HHS or the 

Department). 

ACTION: Notification; postponement of 

effectiveness. 

SUMMARY: The U.S. District Court for the 

District of Columbia in Facing Foster 

Care et al. v. HHS, 21–cv–00308 (D.D.C. 

Feb. 2, 2021), has postponed the 

effective date of portions of the final 

rule making amendments to the 

Uniform Administrative Requirements, 

promulgated on January 12, 2021. 

DATES: Pursuant to court order, the 

effectiveness of the final rule published 

January 12, 2021, at 86 FR 2257, is 

postponed until November 9, 2021. See 

SUPPLEMENTARY INFORMATION for details. 

FOR FURTHER INFORMATION CONTACT: 

Johanna Nestor at Johanna.Nestor@

hhs.gov or 202–205–5904. 

SUPPLEMENTARY INFORMATION: On 

January 12, 2021, the Department issued 

amendments to and repromulgated 

portions of the Uniform Administrative 

Requirements, 45 CFR part 75 (86 FR 

2257). That rule repromulgated 

provisions of part 75 that were 

originally published late in 2016. It also 

made amendments to 45 CFR 75.300(c) 

and (d). 

Specifically, the rule amended 

paragraph (c), which had stated, ‘‘It is a 

public policy requirement of HHS that 

no person otherwise eligible will be 

excluded from participation in, denied 

the benefits of, or subjected to 

discrimination in the administration of 

HHS programs and services based on 

non-merit factors such as age, disability, 

sex, race, color, national origin, religion, 

gender identity, or sexual orientation. 

Recipients must comply with this 

public policy requirement in the 

administration of programs supported 

by HHS awards.’’ The rule amended 

paragraph (c) to state, ‘‘It is a public 

policy requirement of HHS that no 

person otherwise eligible will be 

excluded from participation in, denied 

the benefits of, or subjected to 

discrimination in the administration of 

HHS programs and services, to the 

extent doing so is prohibited by federal 

statute.’’ 

Additionally, the rule amended 

paragraph (d), which had stated, ‘‘In 

accordance with the Supreme Court 

decisions in United States v. Windsor 

and in Obergefell v. Hodges, all 

recipients must treat as valid the 

marriages of same-sex couples. This 

does not apply to registered domestic 

partnerships, civil unions or similar 

formal relationships recognized under 

state law as something other than a 

marriage.’’ The rule amended paragraph 

(d) to state, ‘‘HHS will follow all 

applicable Supreme Court decisions in 

administering its award programs.’’ 

On February 2, the portions of 

rulemaking amendments to § 75.300 

(and a conforming amendment at 

§ 75.101(f)) were challenged in the U.S. 

District Court for the District of 

Columbia. Facing Foster Care et al. v. 

HHS, 21–cv–00308 (D.D.C. filed Feb. 2, 

2021). On February 9, the court 

postponed, pursuant to 5 U.S.C. 705, the 

effective date of the challenged portions 

of the rule by 180 days, until August 11, 

2021.1 On August 5, the court further 

postponed the effective date of the rule 

until November 9, 2021.2 The 

Department is issuing this document to 

apprise the public of the court’s order. 

Xavier Becerra, 

Secretary. 

[FR Doc. 2021–20753 Filed 9–27–21; 8:45 am] 

BILLING CODE 4151–19–P