[Federal Register Volume 83, Number 151 (Monday, August 6, 2018)]
[Rules and Regulations]
[Pages 38262-38263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16774]



[[Page 38262]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 261 and 262

[FRL-9981-90-OLEM]


Address Change for Waste Import-Export Submittals From the Office 
of Federal Activities to the Office of Resource Conservation and 
Recovery

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is 
making conforming changes to the EPA office and address to which paper 
documents concerning imports and exports of hazardous waste and 
conditionally excluded cathode ray tubes must be sent. The change in 
address is needed to reflect the reorganization of hazardous waste 
import-export functions on April 29, 2018, from the Office of Federal 
Activities' International Compliance Assurance Division, in EPA's 
Office of Enforcement and Compliance Assurance, to the International 
Branch within the Office of Resource Conservation and Recovery's 
Materials Recovery and Waste Management Division, in EPA's Office of 
Land and Emergency Management. The change in address will ensure that 
such paper documents will continue to be received by the appropriate 
personnel in a timely manner.

DATES: This rule is effective on August 6, 2018.

FOR FURTHER INFORMATION CONTACT: Laura Coughlan, Materials Recovery and 
Waste Management Division, Office of Resource Conservation and Recovery 
(5304P), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460; telephone number: (703) 308-0005; email address: 
coughlan.laura@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action relates to the internal reorganization of the EPA. It 
provides notice directed to the public in general and has particular 
applicability to anyone who wants to communicate with the EPA office 
responsible for hazardous waste import-export functions, or to submit 
information concerning imports and exports of hazardous waste or export 
of conditionally excluded cathode ray tubes to the Agency. If you have 
any questions regarding the applicability of this action to a 
particular entity, consult the person listed under FOR FURTHER 
INFORMATION CONTACT.

B. How can I get additional information, including copies of this 
document or other related information?

    To obtain electronic copies of this document and other related 
information that is available electronically, please visit www.epa.gov/hwgenerators.

II. Background

A. What action is the Agency taking?

    This action makes conforming changes to the EPA office and address 
to which paper documents concerning imports and exports of hazardous 
waste and conditionally excluded cathode ray tubes must be sent. The 
notice changes the addresses for U.S. postal service delivery and 
courier hand delivery of submittals listed in 40 CFR 261.39(a)(5)(xi), 
40 CFR 261.41(a)(2), and 40 CFR 262.82(e) from those of the Office of 
Federal Activities' International Compliance Assurance Division, in 
EPA's Office of Enforcement and Compliance Assurance, to those of the 
International Branch within the Office of Resource Conservation and 
Recovery's Materials Recovery and Waste Management Division, in EPA's 
Office of Land and Emergency Management. The change in listed addresses 
is needed to reflect the reorganization of hazardous waste import-
export functions on April 29, 2018, from the Office of Federal 
Activities' International Compliance Assurance Division, in EPA's 
Office of Enforcement and Compliance Assurance, to the International 
Branch within the Office of Resource Conservation and Recovery's 
Materials Recovery and Waste Management Division, in EPA's Office of 
Land and Emergency Management. The change in address will ensure that 
such paper documents will continue to be received by the appropriate 
personnel in a timely manner.

B. What is the Agency's authority for taking this action?

    The EPA is issuing this document under its general rulemaking 
authority, Reorganization Plan No. 3 of 1970 (5 U.S.C. app.). Section 
553 of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(A), 
provides that ``rules of agency organization, procedure, or practice'' 
are exempt from notice and comment requirements. This exemption applies 
to this action. Accordingly, EPA is not taking comment on this action.
    In addition, under the good cause exemption in Section 553(d)(3), 
the EPA is publishing and making this rule immediately effective. A 30-
day delay in the rule's effectiveness is unnecessary for updating an 
EPA office and mailing address; a delay would be contrary to public 
interest because it could create a short period of public confusion.

III. Do any of the Statutory and Executive Order Reviews apply to this 
action?

    This final rule revises the EPA office and address listed in the 
regulations to reflect the reorganization of hazardous waste import-
export functions from one of the EPA's offices to another of the EPA's 
offices, and does not otherwise impose or change any requirements. This 
action is not a ``significant regulatory action'' and is therefore not 
subject to OMB review under Executive Order 12866, entitled 
``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993). In 
addition, this action is not considered an Executive Order 13771 (82 FR 
9339, February 3, 2017) regulatory action, because this action is not 
significant under Executive Order 12866. Because this action is not 
subject to notice and comment requirements under the Administrative 
Procedure Act or any other statute, it is not subject to the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) or Sections 202 and 205 of the 
Unfunded Mandates Reform Act of 1999 (UMRA) (Pub. L. 104-4). In 
addition, this action does not significantly or uniquely affect small 
governments. This action does not create new binding legal requirements 
that substantially and directly affect tribes under Executive Order 
13175 (65 FR 67249, November 9, 2000). This action does not have 
significant federalism implications under Executive Order 13132 (64 FR 
43255, August 10, 1999). Because this final rule has been exempted from 
review under Executive Order 12866, this final rule is not subject to 
Executive Order 13211, entitled ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997). This final rule does not contain any 
information collections subject to OMB approval under the Paperwork 
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any 
special considerations under Executive Order 12898, entitled ``Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations'' (59 FR 7629, February 16, 1994). This action 
does not involve

[[Page 38263]]

technical standards; thus, the requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply.
    The Congressional Review Act (CRA), 5 U.S.C. 801 et seq., generally 
provides that before certain actions may take effect, the agency 
promulgating the action must submit a report, which includes a copy of 
the action, to each House of the Congress and to the Comptroller 
General of the United States. This final action is exempt from the CRA 
because it is a rule relating to agency management or personnel and a 
rule of agency organization, procedure or practice that does not 
substantially affect the rights or obligations of non-agency parties.

List of Subjects

40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, Reporting and 
recordkeeping requirements.

40 CFR Part 262

    Environmental protection, Exports, Hazardous materials 
transportation, Hazardous waste, Imports, Labeling, Packaging and 
containers, Reporting and recordkeeping requirements.

    Dated: July 26, 2018.
Barry N. Breen,
Acting Assistant Administrator, Office of Land and Emergency 
Management.

    For the reasons stated in the preamble, EPA amends title 40, 
chapter 1 of the Code of Federal Regulations as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

0
1. The authority citation for part 261 continues to read as follows:

    Authority:  42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y) and 
6938.


0
2. In Sec.  261.39, revise paragraph (a)(5)(xi) to read as follows:


Sec.  261.39   Conditional Exclusion for Used, Broken Cathode Ray Tubes 
(CRTs) and Processed CRT Glass Undergoing Recycling.

* * * * *
    (a) * * *
    (5) * * *
    (xi) Prior to one year after the AES filing compliance date, annual 
reports must be sent to the following mailing address: Office of Land 
and Emergency Management, Office of Resource Conservation and Recovery, 
Materials Recovery and Waste Management Division, International Branch 
(Mail Code 2255A), Environmental Protection Agency, 1200 Pennsylvania 
Ave. NW, Washington, DC 20460. Hand-delivered annual reports on used 
CRTs exported during 2016 should be sent to: Office of Land and 
Emergency Management, Office of Resource Conservation and Recovery, 
Materials Recovery and Waste Management Division, International Branch 
(Mail Code 2255A), Environmental Protection Agency, William Jefferson 
Clinton South Building, Room 6144, 1200 Pennsylvania Ave. NW, 
Washington, DC 20004. Subsequently, annual reports must be submitted to 
the office listed using the allowable methods specified in paragraph 
(a)(5)(ii) of this section. Exporters must keep copies of each annual 
report for a period of at least three years from the due date of the 
report. Exporters may satisfy this recordkeeping requirement by 
retaining electronically submitted annual reports in the CRT exporter's 
account on EPA's Waste Import Export Tracking System (WIETS), or its 
successor system, provided that a copy is readily available for viewing 
and production if requested by any EPA or authorized state inspector. 
No CRT exporter may be held liable for the inability to produce an 
annual report for inspection under this section if the CRT exporter can 
demonstrate that the inability to produce the annual report is due 
exclusively to technical difficulty with EPA's Waste Import Export 
Tracking System (WIETS), or its successor system for which the CRT 
exporter bears no responsibility.
* * * * *

0
3. In Sec.  261.41, revise paragraph (a)(2) to read as follows:


Sec.  261.41   Notification and Recordkeeping for Used, Intact Cathode 
Ray Tubes (CRTs) Exported for Reuse.

    (a) * * *
    (2) Notifications submitted by mail should be sent to the following 
mailing address: Office of Land and Emergency Management, Office of 
Resource Conservation and Recovery, Materials Recovery and Waste 
Management Division, International Branch (Mail Code 2255A), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460. Hand-delivered notifications should be sent to: Office of 
Land and Emergency Management, Office of Resource Conservation and 
Recovery, Materials Recovery and Waste Management Division, 
International Branch (Mail Code 2255A), Environmental Protection 
Agency, William Jefferson Clinton South Building, Room 6144, 1200 
Pennsylvania Ave. NW, Washington, DC 20004. In both cases, the 
following shall be prominently displayed on the front of the envelope: 
``Attention: Notification of Intent to Export CRTs.''
* * * * *

PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

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

    Authority:  42 U.S.C 6906, 6912, 6922-6925, 6937, 6938 and 
6939g.


0
5. In Sec.  262.82, revise paragraphs (e)(1) and (2) to read as 
follows:


Sec.  262.82   General conditions.

* * * * *
    (e) * * *
    (1) For postal mail delivery, the Office of Land and Emergency 
Management, Office of Resource Conservation and Recovery, Materials 
Recovery and Waste Management Division, International Branch (Mail Code 
2255A), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460.
    (2) For hand-delivery, the Office of Land and Emergency Management, 
Office of Resource Conservation and Recovery, Materials Recovery and 
Waste Management Division, International Branch (Mail Code 2255A), 
Environmental Protection Agency, William Jefferson Clinton South 
Building, Room 6144, 1200 Pennsylvania Ave. NW, Washington, DC 20004.

[FR Doc. 2018-16774 Filed 8-3-18; 8:45 am]
 BILLING CODE 6560-50-P