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)

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.

[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]


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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.

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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.


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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]
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