80 FR 37992 - Transboundary Shipments of Hazardous Wastes Between OECD Member Countries: Revisions to the List of OECD Member Countries
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 127 (July 2, 2015)
Federal Register Volume 80, Issue 127 (July 2, 2015)
| Page Range | 37992-37994 | |
| FR Document | 2015-16400 |
[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)] [Rules and Regulations] [Pages 37992-37994] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16400] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 262 [EPA-HQ-RCRA-2005-0018; FRL-9929-93-OSWER] Transboundary Shipments of Hazardous Wastes Between OECD Member Countries: Revisions to the List of OECD Member Countries AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Environmental Protection Agency (EPA or the Agency) is amending certain existing regulations that apply to the transboundary movement of hazardous waste among the Organization for Economic Cooperation and Development (OECD) Member countries as promulgated under the hazardous waste provisions of the Resource Conservation and Recovery Act (RCRA). Specifically, EPA is updating the list of OECD member countries to add Estonia, Israel, and Slovenia. This amendment is necessary to accurately reflect the change in OECD Member countries that have implemented OECD Decision C(2001)107 and can trade hazardous wastes for recovery operations with other OECD countries under the procedure set forth in that Decision. DATES: This final rule is effective on July 2, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-HQ-RCRA-2005-0018. All documents in the docket are listed on the www.regulations.gov Web site. 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, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the EPA Docket Center, EPA/DC, WJC 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. FOR FURTHER INFORMATION CONTACT: Karen Swetland, U.S. Environmental Protection Agency, Office of Resource Conservation and Recovery, (MC: 5304P), 1200 Pennsylvania Avenue NW., Washington, DC, 20460, Phone: 703-308-8421; or by email: [email protected]. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? This action applies to all persons who export or import hazardous waste, export or import universal waste, or export spent lead-acid batteries destined for recovery operations in OECD Member countries, except for Mexico [[Page 37993]] and Canada. Any transboundary movement of hazardous wastes between the United States and either Mexico or Canada will continue to be governed (or addressed) by their respective bilateral agreements and applicable regulations. Potentially affected entities may include, but are not limited to: ------------------------------------------------------------------------ Industry sector NAICS Code ------------------------------------------------------------------------ Utilities............................................... 221100 Petroleum and Coal Products Manufacturing............... 324 Chemical Manufacturing.................................. 325100 Primary Metal Manufacturing............................. 331 Fabricated Metal Product Manufacturing.................. 332 Machinery Manufacturing................................. 333 Computer and Electronic Product Manufacturing........... 334110 Electrical Equipment, Appliance, and Component 335 Manufacturing.......................................... Transportation Equipment Manufacturing.................. 336 Miscellaneous Manufacturing............................. 339900 Scrap and Waste Materials............................... 423930 Material Recovery Facilities............................ 562920 ------------------------------------------------------------------------ This list is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this section could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under the FOR FURTHER INFORMATION CONTACT section of this document. B. How can I get copies of this document and other related information? The current information is as follows:Docket ID No. EPA-HQ-RCRA-2005-0018. Federal eRulemaking Portal: http://www.regulations.gov. II. What does this amendment do? This amendment updates the list of OECD member countries that have implemented OECD Decision C(2001)107 and can trade hazardous wastes for recovery operations with other OECD countries under the procedure set forth in that Decision. On January 8, 2010, EPA published a final rule in the Federal Register (75 FR 1236), revising Agency regulations including provisions on the transboundary movement of hazardous waste for recovery operations among OECD Member countries. In that final rule, EPA identified thirty OECD Member countries (including Canada and Mexico). That document was accurate and current at the time of publication; however, Estonia, Israel, and Slovenia have since joined the OECD and implemented OECD Decision C(2001)107. As an OECD Member country, the United States, is legally obligated to implement OECD Decisions with respect to all OECD Member countries. Therefore, EPA is adding Estonia, Israel, and Slovenia to update the list of countries in 40 CFR part 262.58(a)(1). III. Why is this amendment 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 believes notice and an opportunity for comment on this amendment to Sec. 262.58(a)(1) to reflect updates to the list of OECD Member countries would be unnecessary, because the United States, as an OECD Member country, is legally obligated to implement OECD Decision C(2001)107 with respect to all OECD Member countries, which now include the addition of Estonia, Israel and Slovenia. Thus, EPA must amend its OECD regulations to add these three countries, and any public comment would be unnecessary for these particular amendments because EPA does not have any discretion as to which OECD countries its regulations must include. EPA finds that this situation 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? Under Executive Order 12866 (58 FR 51735, October 4, 1993) and Executive Order 13563 (76 FR 3821, January 21, 2011), this action is not a ``significant regulatory action'' and is therefore not subject to OMB review. 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 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. A. Congressional Review Act This action is subject to the Congressional Review Act (CRA), and the EPA will submit a rule report to each House of Congress and to the Comptroller General of the United States. The CRA allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and comment rulemaking procedures are impracticable, unnecessary or contrary to the public interest (5 U.S.C. 808(2)). The EPA has made a good cause finding for this rule as discussed in Section III of the preamble, including the basis for that finding. 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 22, 2015. Mathy Stanislaus, Assistant Administrator, Office of Solid Waste and Emergency Response. For the reasons stated in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as follows: [[Page 37994]] 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. Amend Sec. 262.58 by revising paragraph (a)(1) to read as follows: Sec. 262.58 International agreements. (a) * * * (1) For the purposes of subpart H, the designated OECD Member countries consist of Australia, Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Luxembourg, the Netherlands, New Zealand, Norway, Poland, Portugal, the Republic of Korea, the Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Turkey, the United Kingdom, and the United States. * * * * * [FR Doc. 2015-16400 Filed 7-1-15; 8:45 am] BILLING CODE 6560-50-P
![37992 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations
§ 257.53 Definitions. construction program had begun after SUMMARY: The U.S. Environmental
* * * * * October 19, 2015. Overfills are also Protection Agency (EPA or the Agency)
Active facility or active electric considered new CCR landfills. is amending certain existing regulations
utilities or independent power New CCR surface impoundment that apply to the transboundary
producers means any facility subject to means a CCR surface impoundment or movement of hazardous waste among
the requirements of this subpart that is lateral expansion of an existing or new the Organization for Economic
in operation on October 19, 2015. An CCR surface impoundment that first Cooperation and Development (OECD)
electric utility or independent power receives CCR or commences Member countries as promulgated under
producer is in operation if it is construction after October 19, 2015. A the hazardous waste provisions of the
generating electricity that is provided to new CCR surface impoundment has Resource Conservation and Recovery
electric power transmission systems or commenced construction if the owner or Act (RCRA). Specifically, EPA is
to electric power distribution systems operator has obtained the federal, state, updating the list of OECD member
on or after October 19, 2015. An off-site and local approvals or permits countries to add Estonia, Israel, and
disposal facility is in operation if it is necessary to begin physical construction Slovenia. This amendment is necessary
accepting or managing CCR on or after and a continuous on-site, physical to accurately reflect the change in OECD
October 19, 2015. construction program had begun after Member countries that have
* * * * * October 19, 2015. implemented OECD Decision
Existing CCR landfill means a CCR * * * * * C(2001)107 and can trade hazardous
landfill that receives CCR both before ■ 3. Section 257.83 is amended by wastes for recovery operations with
and after October 19, 2015, or for which revising paragraph (b)(3)(i) to read as other OECD countries under the
construction commenced prior to follows: procedure set forth in that Decision.
October 19, 2015 and receives CCR on DATES: This final rule is effective on July
or after October 19, 2015. A CCR landfill § 257.83 Inspection requirements for CCR 2, 2015.
has commenced construction if the surface impoundments.
ADDRESSES: EPA has established a
owner or operator has obtained the * * * * * docket for this action under Docket ID
federal, state, and local approvals or (b) * * * No. EPA–HQ–RCRA–2005–0018. All
permits necessary to begin physical (3) * * * (i) Existing CCR surface documents in the docket are listed on
construction and a continuous on-site, impoundments. The owner or operator the www.regulations.gov Web site.
physical construction program had of the CCR unit must complete the Although listed in the index, some
begun prior to October 19, 2015. initial inspection required by information is not publicly available,
Existing CCR surface impoundment paragraphs (b)(1) and (2) of this section e.g., CBI or other information whose
means a CCR surface impoundment that no later than January 19, 2016. disclosure is restricted by statute.
receives CCR both before and after * * * * * Certain other material, such as
October 19, 2015, or for which ■ 4. Section 257.84 is amended by copyrighted material, is not placed on
construction commenced prior to revising paragraph (b)(3)(i) to read as the Internet and will be publicly
October 19, 2015 and receives CCR on follows: available only in hard copy form.
or after October 19, 2015. A CCR surface Publicly available docket materials are
impoundment has commenced § 257.84 Inspection requirements for CCR
available either electronically through
construction if the owner or operator landfills.
www.regulations.gov or in hard copy at
has obtained the federal, state, and local * * * * * the EPA Docket Center, EPA/DC, WJC
approvals or permits necessary to begin (b) * * * West Building, Room 3334, 1301
physical construction and a continuous (3) * * * (i) Existing CCR landfills. Constitution Ave. NW., Washington,
on-site, physical construction program The owner or operator of the CCR unit DC. The Public Reading Room is open
had begun prior to October 19, 2015. must complete the initial inspection from 8:30 a.m. to 4:30 p.m., Monday
* * * * * required by paragraphs (b)(1) and (2) of through Friday, excluding legal
Inactive CCR surface impoundment this section no later than January 19, holidays. The telephone number for the
means a CCR surface impoundment that 2016. Public Reading Room is (202) 566–1744,
no longer receives CCR on or after * * * * * and the telephone number for the RCRA
October 19, 2015 and still contains both [FR Doc. 2015–15913 Filed 7–1–15; 8:45 am] Docket is (202) 566–0270.
CCR and liquids on or after October 19,
BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT:
2015.
Karen Swetland, U.S. Environmental
* * * * * Protection Agency, Office of Resource
Lateral expansion means a horizontal ENVIRONMENTAL PROTECTION Conservation and Recovery, (MC:
expansion of the waste boundaries of an AGENCY 5304P), 1200 Pennsylvania Avenue
existing CCR landfill or existing CCR NW., Washington, DC, 20460, Phone:
surface impoundment made after 40 CFR Part 262 703–308–8421; or by email:
October 19, 2015. swetland.karen@epa.gov.
* * * * * [EPA–HQ–RCRA–2005–0018; FRL–9929–93–
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
New CCR landfill means a CCR OSWER] SUPPLEMENTARY INFORMATION:
landfill or lateral expansion of a CCR I. General Information
landfill that first receives CCR or Transboundary Shipments of
commences construction after October Hazardous Wastes Between OECD A. Does this action apply to me?
19, 2015. A new CCR landfill has Member Countries: Revisions to the This action applies to all persons who
commenced construction if the owner or List of OECD Member Countries export or import hazardous waste,
operator has obtained the federal, state, AGENCY: Environmental Protection export or import universal waste, or
and local approvals or permits Agency (EPA). export spent lead-acid batteries destined
necessary to begin physical construction for recovery operations in OECD
ACTION: Final rule.
and a continuous on-site, physical Member countries, except for Mexico
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![37994 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations
PART 262—STANDARDS APPLICABLE ENVIRONMENTAL PROTECTION Certain other material, such as
TO GENERATORS OF HAZARDOUS AGENCY copyrighted material, is not placed on
WASTE the Internet and will be publicly
40 CFR Part 761 available only in hard copy form.
■ 1. The authority citation for Part 262 [EPA–HQ–RCRA–2011–0524; FRL_9929–92– Publicly available docket materials are
continues to read as follows: OSWER] available either electronically through
www.regulations.gov or in hard copy at
Authority: 42 U.S.C. 6906, 6912, 6922– Polychlorinated Biphenyls (PCBs): the EPA Docket Center, EPA/DC, WJC
6925, 6937, and 6938. Revisions to Manifesting Regulations; West Building, Room 3334, 1301
Item Number Constitution Ave. NW., Washington,
■ 2. Amend § 262.58 by revising DC. The Public Reading Room is open
paragraph (a)(1) to read as follows: AGENCY: Environmental Protection from 8:30 a.m. to 4:30 p.m., Monday
Agency (EPA). through Friday, excluding legal
§ 262.58 International agreements.
ACTION: Final rule; technical holidays. The telephone number for the
(a) * * * amendment. Public Reading Room is (202) 566–1744,
(1) For the purposes of subpart H, the and the telephone number for the RCRA
SUMMARY: The U.S. Environmental
designated OECD Member countries Docket is (202) 566–0270.
Protection Agency (EPA or the Agency)
consist of Australia, Austria, Belgium, is issuing a technical amendment to FOR FURTHER INFORMATION CONTACT:
the Czech Republic, Denmark, Estonia, correct references in the regulations to Karen Swetland, U.S. Environmental
Finland, France, Germany, Greece, the item number for the Special Protection Agency, Office of Resource
Hungary, Iceland, Ireland, Israel, Italy, Handling Instructions Box on the Conservation and Recovery, (MC:
Japan, Luxembourg, the Netherlands, manifest form (EPA Form 8700–22). 5304P), 1200 Pennsylvania Avenue
New Zealand, Norway, Poland, This document is being issued to amend NW., Washington, DC, 20460, Phone:
Portugal, the Republic of Korea, the the regulations by correcting these 703–308–8421; or by email:
Slovak Republic, Slovenia, Spain, references. swetland.karen@epa.gov.
Sweden, Switzerland, Turkey, the DATES: This final rule is effective on July SUPPLEMENTARY INFORMATION:
United Kingdom, and the United States. 2, 2015. I. General Information
* * * * * ADDRESSES: EPA has established a
docket for this action under Docket ID A. Does this action apply to me?
[FR Doc. 2015–16400 Filed 7–1–15; 8:45 am]
BILLING CODE 6560–50–P No. EPA–HQ–RCRA–2011–0524. All This action applies to generators,
documents in the docket are listed on transporters, and designated facilities
the www.regulations.gov Web site. (off-site disposal and commercial
Although listed in the index, some storage facilities) managing PCB wastes.
information is not publicly available, Potentially affected categories and
e.g., CBI or other information whose entities include, but are not necessarily
disclosure is restricted by statute. limited to:
NAICS
NAICS Description Examples of potentially affected entities
Code
Electric Power Distribution ............................................................ 221122 Generators of PCB waste.
Transportation and Warehousing .................................................. 48–49 Transportation of PCB waste.
Waste Management and Remediation Services .......................... 562 Facilities that manage PCB waste.
This listing is not intended to be B. How can I get copies of this document revising § 761.207(a)(1), (2), and (3) to
exhaustive, but rather provides a guide and other related information? correctly identify the item number as
for readers regarding entities likely to be 14.
The current information is as follows:
affected by this action. Other types of • Docket ID No. EPA–HQ–RCRA– III. Why is this correction issued as a
entities not listed in this section could 2011–0524. final rule?
also be affected. The North American • Federal eRulemaking Portal: http://
Industrial Classification System www.regulations.gov. Section 553 of the Administrative
(NAICS) codes have been provided to Procedure Act (APA), 5 U.S.C.
assist you and others in determining II. What does this correction do? 553(b)(3)(B), provides that, when an
whether this action might apply to This technical amendment is being agency for good cause finds that notice
certain entities. To determine whether issued to correct the item number and public procedure are impracticable,
you or your business may be affected by reference for the Special Handling unnecessary or contrary to the public
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
this action, you should carefully Instructions Box in 40 CFR part interest, the agency may issue a final
examine the applicability provisions in 761.207(a)(1), (2), and (3). EPA rule without providing notice and an
40 Code of Federal Regulations (CFR) published a document in the Federal opportunity for public comment. EPA
part 761. If you have any questions Register on September 6, 2012 (77 FR has determined that there is good cause
regarding the applicability of this action 54818), revising Agency regulations. for making this technical amendment
to a particular entity, consult the person That document incorrectly referenced final without prior proposal and
listed under the FOR FURTHER Item 15 to identify the Special Handling opportunity for comment, because EPA
INFORMATION CONTACT section of this Instructions box on EPA Form 8700–22. is merely correcting information that
document. This technical amendment is being was referenced incorrectly in the
issued to amend the final rule by previously published final rule. EPA
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Document Created: 2015-12-15 13:15:40
Document Modified: 2015-12-15 13:15:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on July 2, 2015. | |
| Contact | Karen Swetland, U.S. Environmental Protection Agency, Office of Resource Conservation and Recovery, (MC: 5304P), 1200 Pennsylvania Avenue NW., Washington, DC, 20460, Phone: 703-308-8421; or by email: [email protected] | |
| FR Citation | 80 FR 37992 | |
| CFR Associated | Environmental Protection; Exports; Hazardous Materials Transportation; Hazardous Waste; Imports; Labeling; Packaging and Containers and Reporting and Recordkeeping Requirements |
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