[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:
[email protected].
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