81 FR 85459 - Internet Posting of and Confidentiality Determinations for Hazardous Waste Export and Import Documents
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 228 (November 28, 2016)
Federal Register Volume 81, Issue 228 (November 28, 2016)
| Page Range | 85459-85471 | |
| FR Document | 2016-27431 |
[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)] [Proposed Rules] [Pages 85459-85471] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27431] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 260, 262, 264, 265 and 267 [EPA-HQ-OLEM-2016-0492; FRL-9954-26-OLEM] RIN 2050-AG90 Internet Posting of and Confidentiality Determinations for Hazardous Waste Export and Import Documents AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is amending existing regulations regarding the export and import of hazardous wastes from and into the United States. EPA is making these changes to improve protection of public health with respect to hazardous wastes by ensuring public accessibility and transparency of export and import documentation. Specifically, the proposed revisions of the existing regulations will require exporters of hazardous waste and receiving facilities recycling or disposing hazardous waste from foreign sources to maintain a single publicly accessible Web site (``Export/Import Web site'') to which documents can be posted regarding the confirmation of receipt and confirmation of completed recovery or disposal of individual hazardous waste import and export shipments. These proposed changes will improve information on the movement and disposition of hazardous wastes, and will enable interested members of the community and the government to [[Page 85460]] benefit from the provision of publicly accessible data to better monitor proper compliance with EPA's hazardous waste regulations and help ensure that hazardous waste import and export shipments are properly received and managed. The proposed internet posting requirements are planned for the interim period prior to the electronic import-export reporting compliance date when electronic submittal to EPA of confirmations of receipt and completed recovery or disposal for hazardous waste shipments will be required. EPA also proposes a confidentiality determination to exclude documents related to the export, import, and transit of hazardous waste and export of excluded CRTs from confidential business information (CBI) claims. DATES: Comments must be received on or before January 27, 2017. Under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of your comments on or before December 28, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ- OLEM-2016-0492 at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. 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. The 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). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. 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: [email protected]. SUPPLEMENTARY INFORMATION: The information presented in this preamble is organized as follows: I. General Information A. List of acronyms used in this action B. What are the statutory authorities for this proposed rule? C. Does this action apply to me? D. What is the purpose of this proposed rule? E. Brief description of this proposal 1. Internet Posting of Confirmations of Receipt and Confirmations of Recovery or Disposal 2. CBI Claims for Hazardous Waste Export and Import Documents 3. Release of Aggregate Data and Competitive Harm Concerns II. Background A. RCRA General Hazardous Waste Export and Import Requirements B. EPA's Transition to Electronic Submittal of Export and Import Documents 1. Why is EPA proposing to require that importers and exporters maintain a Web site to post hazardous waste export and import documents? 2. What are the confirmations of receipt and confirmations of recovery or disposal and how will internet posting of these documents help improve tracking and monitoring of individual hazardous waste shipments? 3. What accommodations will EPA make to allow original submitters of information and affected facilities to protect potential confidential business information (CBI) contained in the documents posted to the Export/Import Web site? 4. What recordkeeping requirements apply to confirmations of receipt and confirmations of recovery or disposal with this proposed rule? III. Summary of This Proposed Rule A. Changes to 40 CFR 260.2 B. Changes to 40 CFR 262.83 and 262.84 C. Changes to 40 CFR 264.74 D. Changes to 40 CFR 265.74 E. Changes to 40 CFR 267.71 IV. Costs and Benefits of the Proposed Rule A. Introduction B. Analytical Scope C. Cost Impacts D. Benefits V. State Authorization VI. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act (PRA) C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments G. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act (NTTAA) J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations I. General Information A. List of Acronyms Used in This Action ------------------------------------------------------------------------ Acronym Meaning ------------------------------------------------------------------------ AES............................... Automated Export System AOC............................... Acknowledgment of Consent (issued by EPA) CBI............................... Confidential Business Information CEC............................... Commission for Environmental Cooperation CFR............................... Code of Federal Regulations CRT............................... Cathode Ray Tube EPA............................... United States Environmental Protection Agency FR................................ Federal Register HSWA.............................. Hazardous and Solid Waste Amendments NAFTA............................. North American Free Trade Agreement OECD.............................. Organization for Economic Cooperation and Development OIG............................... EPA's Office of Inspector General OMB............................... Office of Management and Budget RCRA.............................. Resource Conservation and Recovery Act SIC............................... Standard Industrial Classification SLAB.............................. Spent Lead-Acid Battery WIETS............................. EPA's Waste Import Export Tracking System ------------------------------------------------------------------------ [[Page 85461]] B. What are the statutory authorities for this proposed rule? EPA's authority to promulgate this rule is found in sections 1002, 2002(a), 3001-3004, and 3017 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA), and as amended by the Hazardous and Solid Waste Amendments, 42 U.S.C. 6901 et. seq., 6905, 6912, 6921-6927, 6930, 6934, 6935, 6937, 6938, 6939, and 6974. C. Does this action apply to me? The internet posting requirements in this action generally affect two (2) groups: (1) All persons who export (or arrange for the export) of hazardous waste for recycling or disposal, including those hazardous wastes subject to the alternate management standards for (a) universal waste for recycling or disposal, (b) spent lead-acid batteries (SLABs) being shipped for reclamation, (c) industrial ethyl alcohol being shipped for reclamation, (d) hazardous waste samples of more than 25 kilograms being shipped for waste characterization or treatability studies, and (e) hazardous recyclable materials being shipped for precious metal recovery; and (2) all recycling and disposal facilities who receive imports of such hazardous wastes for recycling or disposal. The application of these confidentiality determinations to certain export, import, and transit documents affects the groups described previously in addition to exporters of cathode ray tubes (CRTs). Potentially affected entities may include, but are not limited to: ------------------------------------------------------------------------ NAICS Code NAICS Description ------------------------------------------------------------------------ 211............................... Oil and Gas Extraction. 324............................... Petroleum and Coal Products Manufacturing. 325............................... Chemical Manufacturing. 326............................... Plastics and Rubber Products Manufacturing. 327............................... Nonmetallic Mineral Product Manufacturing. 331............................... Primary Metal Manufacturing. 332............................... Fabricated Metal Product Manufacturing. 333............................... Machinery Manufacturing. 334............................... Computer and Electronic Product Manufacturing. 335............................... Electrical Equipment, Appliance, and Component Manufacturing. 336............................... Transportation Equipment Manufacturing. 339............................... Miscellaneous Manufacturing. 423............................... Merchant Wholesalers, Durable Goods. 424............................... Merchant Wholesalers, Nondurable Goods. 522............................... Credit Intermediation and Related Activities. 525............................... Funds, Trusts, and Other Financial Vehicles. 531............................... Real Estate. 541............................... Professional, Scientific, and Technical Services. 561............................... Administrative and Support Services. 562............................... Waste Management and Remediation Services. 721............................... Accommodation. 813............................... Religious, Grantmaking, Civic, Professional, and Similar Organizations. 211............................... Oil and Gas Extraction. 324............................... Petroleum and Coal Products Manufacturing. ------------------------------------------------------------------------ This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. This table lists the types of entities that EPA is now aware could potentially be regulated by this action. Other types of entities not listed in the table could also be regulated. If you have questions regarding the applicability of this proposed rule to a particular entity, consult the person listed in the FOR FURTHER INFORMATION CONTACT section. D. What is the purpose of this proposed rule? This rule proposes two types of amendments. First, EPA is proposing certain amendments to the current RCRA regulations in part 262 governing exports and imports of hazardous waste in order to improve protection of public health and the environment by strengthening the public accessibility and transparency of documentation to better monitor proper compliance with EPA's hazardous waste regulations and help ensure that hazardous waste shipments are properly received and disposed. To achieve these goals, EPA is proposing to require internet posting of confirmation of receipt and confirmation of recovery or disposal documents (i.e., two documents per import shipment and two documents per export shipment) where they are required for individual export and import shipments of hazardous wastes, prior to the electronic import-export reporting compliance date EPA will establish in a separate Federal Register notice. The proposed rule is a companion to EPA's Hazardous Waste Export-Import Revisions Final Rule also published in the ``Rules and Regulations'' section of this Federal Register, which is one of the Agency's priority actions under its plan for periodic retrospective reviews of existing regulations, as called for by Executive Order 13563. The proposed internet posting requirements are planned to be effective during the interim period prior to the electronic import-export reporting compliance date when electronic submittal to EPA of confirmations of receipt and confirmations of recovery or disposal for hazardous waste shipments will be required. Second, EPA is also proposing confidentiality determinations with respect to CBI claims for the individual documents and compiled data for the following types of export and import documents, which will hereinafter be referred to as aforementioned ``documents related to the export, import, and transit of hazardous waste and export of excluded cathode ray tubes (CRTs)'': (1) Documents related to the export of Resource Conservation and Recovery Act (RCRA) hazardous waste under 40 CFR part 262, subpart H, including but not limited to the notifications of intent to export, contracts submitted in response to requests for supplemental information from countries of import or [[Page 85462]] transit, RCRA manifests, annual reports, EPA acknowledgements of consent, any subsequent communication withdrawing a prior consent or objection, responses that neither consent nor object, exception reports, transit notifications, and renotifications; (2) Documents related to the import of hazardous waste, under 40 CFR part 262, subpart H, including but not limited to contracts and notifications of intent to import hazardous waste into the U.S. from foreign countries or U.S. importers; (3) Documents related to the confirmation of receipt and confirmation of recovery or disposal of hazardous waste exports and imports, under 40 CFR part 262, subpart H; (4) Documents related to the transit of hazardous waste, under 40 CFR part 262, subpart H, including notifications from U.S. exporters of intent to transit through foreign countries, or notifications from foreign countries of intent to transit through the U.S.; (5) Documents related to the export of cathode ray tubes (CRTs), under 40 CFR part 261, subpart E, including but not limited to notifications of intent to export CRTs; (6) Documents related to the export of non-crushed spent lead acid batteries (SLABs) with intact casings, under 40 CFR part 266 subpart G, including but not limited to notifications of intent to export SLABs; (7) Submissions from transporters under 40 CFR part 263, or from treatment, storage or disposal facilities under 40 CFR parts 264 and 265, related to exports or imports of hazardous waste, including but not limited to receiving facility notices of the need to arrange alternate management or return of an import shipment under 40 CFR 264.12(a)(3) and 265.12(a)(3); and (8) Documents related to the export and import of RCRA universal waste under 40 CFR part 273, subparts B, C, D, and F. We propose to apply confidentiality determinations such that no CBI claims may be asserted by any person with respect to any of the aforementioned documents related to the export, import, and transit of hazardous waste and export of excluded CRTs. EPA's determination that revisions to the export/import regulations are needed is bolstered by the concerns and recommendations in both the 2013 Commission for Environmental Cooperation (CEC) report on export and recycling of spent lead-acid batteries (SLABs) within North America (``Hazardous Trade? An Examination of US-generated Spent Lead-acid Battery Exports and Secondary Lead Recycling in Mexico, the United States and Canada'') and the 2015 EPA Office of Inspector General (OIG) report on hazardous waste imports (``EPA Does Not Effectively Control or Monitor Imports of Hazardous Waste''). Based on its findings, the CEC report recommended that the U.S. require the use of manifests for each international shipment of SLABs, require exporters to obtain a confirmation of recovery from foreign recycling facilities, explore establishing an electronic export annual report, and better share export and import data between environmental and border agencies. For a more complete discussion of the CEC report and EPA's related analysis, see Section VII of the Hazardous Waste Export-Import Revisions proposed rule (80 FR 63304). The 2015 EPA OIG report recommended that EPA improve the oversight of hazardous waste imports, including tracking of all hazardous waste import shipments. Copies of the CEC and EPA OIG reports can be found in the Docket for the Hazardous Waste Export-Import Revisions proposed rule (Docket ID No. EPA-HQ-RCRA-2015-0147, documents EPA-HQ-RCRA-2015-0147-0009 and EPA-HQ-RCRA-2015-0147-0011, respectively), and copies have been placed in the docket for this proposed rule. EPA is particularly interested in input on this proposed action from persons who export hazardous waste or CRTs and those persons who receive imported hazardous waste, including those persons receiving imported or exporting hazardous wastes managed under the special management standards in 40 CFR part 266 (e.g., spent lead acid batteries) and 40 CFR part 273 (e.g., universal waste batteries, universal waste mercury lamps). E. Brief Description of This Proposal 1. Internet Posting of Confirmations of Receipt and Confirmations of Recovery or Disposal EPA is proposing to modify the reporting and recordkeeping requirements for exporters of hazardous waste and receiving facilities of hazardous waste imports such that, prior to the electronic import- export reporting compliance date to be established in a future, separate Federal Register notice, they are required to maintain a single publicly accessible Web site (herein referred to as the ``Export/Import Web site'') where the following documents will be posted: Export confirmations of receipt; export confirmations of recovery or disposal; import confirmations of receipt; and import confirmations of recovery or disposal. EPA is requesting comment on the time period during which exporters and receiving facilities should be required to post these documents to their Web site and whether such information should continue to be publicly available after the interim period, once EPA receives submittals of such documents electronically. EPA is proposing that the required documents be posted as read- only, publicly accessible, downloadable images. Examples of acceptable document formats include, but are not limited to, Portable Document Format (PDF), Joint Photographic Experts Group (JPEG), and Graphics Interchange Format (GIF). If a publicly available Web site is not available, exporters and receiving facilities must develop a publicly accessible Web site to post the required documents. If a company has more than one physical site from which it exports hazardous waste or receives hazardous waste imports for recycling or disposal, the company must clearly group the posted documents by individual physical facility site. In addition, the documents for each physical site must be clearly organized by the consent number relevant to each export or import shipment. The company's Web site must be titled ``Hazardous Waste Export/Import Rule Compliance Documents.'' The documents and their respective file names posted to the Export/Import Web site must clearly identify the type of document, EPA ID number of the exporting or receiving facility, the consent number associated with the shipment, and the related shipment number (e.g., Shipment No. 1 out of an expected 200 shipments for the consent number). We suggest the following standard nomenclature for file names:Exporter confirmation of receipt: EX_Conf_Receipt_[EPA ID No.]_[Consent No.]_[Shipment No.] Exporter confirmation of recovery or disposal: EX_Conf_Recovery_[EPA ID No.]_[Consent No.]_[Shipment No.] Receiving facility confirmation of receipt: RF_Conf_Receipt_[EPA ID No.]_[Consent No.]_[Shipment No.] Receiving facility confirmation of recovery or disposal: RF_Conf_Recovery_[EPA ID No.]_[Consent No.]_[Shipment No.] EPA requests comment on the recommended organizational aspects of the Web site, and the proposed standard file name format, including whether the proposed standard file name format should be mandatory. EPA is proposing that the documents posted to the Export/Import Web site must be publicly accessible on the Web site by the first of March of each year [[Page 85463]] and include all of the confirmations of receipt and confirmations of recovery or disposal received by the exporter or sent out by the receiving facility related to exports or imports of hazardous waste made during the previous calendar year. Each document must be available for a period of at least three years following the date on which each document was first required to be posted to the Web site. Furthermore, in accordance with current recordkeeping requirements, paper copies of export and import confirmations of receipt and confirmations of recovery or disposal must be retained by exporters and receiving facilities for a period of at least three (3) years. 2. CBI Claims for Hazardous Waste Export and Import Documents EPA is also proposing confidentiality determinations and will no longer accept future CBI claims for the individual aforementioned documents related to the export, import, and transit of hazardous waste and export of excluded CRTs. Our rationale is explained in the following paragraphs. To date, our records indicate that EPA has received three assertions of confidentiality, one from Horizon Environment, Inc. in 2004 and two from Johnson Controls Battery Group, Inc. in 2011 and 2012 for certain information contained in hazardous waste export documents. In all three cases, the Agency determined that the information claimed as confidential was not entitled to confidential treatment, as explained in the following paragraphs. Horizon Environment, Inc. and Johnson Controls Battery Group, Inc. asserted claims of confidentiality for certain hazardous waste export documents that were responsive to a request to EPA under the Freedom of Information Act (FOIA). Horizon's claims related to export notices, and Johnson Controls' claims related to annual reports. Exemption 4 of the Freedom of Information Act (FOIA) exempts from disclosure ``trade secrets and commercial information obtained from a person and privileged or confidential'' (see 5 U.S.C. Sec. 552(b)(4)). In order for information to meet the requirements of Exemption 4, EPA must find that the information is either (1) a trade secret; or (2) commercial or financial information obtained from a person and privileged or confidential (commonly referred to as ``Confidential Business Information'' (CBI)). Trade Secret The two companies' confidentiality claims did not assert that the information was a trade secret, nor did they provide information about how the Agency's release of this information would identify a plan, formula, process, or device. The companies also did not demonstrate how disclosure of the information would identify or reveal a trade secret. Consequently, EPA found that the information did not constitute a trade secret. Confidential Business Information (CBI) In order to qualify as CBI under Exemption 4, the information must be ``privileged or confidential.'' Both companies claimed the information to be confidential, but did not claim that the information was privileged. Information that is required to be submitted to the Government is confidential if its ``disclosure would be likely either (1) to impair the Government' s ability to obtain necessary information in the future; or (2) to cause substantial harm to the competitive position of the person from whom the information was obtained.''' Critical Mass, 975 F.2d at 878 (quoting National Parks and Conservation Association v. Morton, 498 F.2d 765, 770 (D.C. Cir. 1974)) (footnote omitted). In these cases, the Agency had the authority to require the submission of the information and exercised it. Therefore, EPA concluded that the information was a required submission and was not voluntary. In terms of competitive harm, as set forth in EPA's regulations at 40 CFR 2.208, required business information is entitled to confidential treatment if: The business has satisfactorily shown that disclosure of the information is likely to cause substantial harm to the business's competitive position. After careful consideration of the arguments submitted by both companies, EPA concluded that neither claim explained specifically how disclosure of the information in the submissions would likely cause substantial competitive harm to the companies, and therefore did not support the claim of competitive harm. Accordingly, EPA concluded that release of this was not likely to cause substantial harm to the companies' competitive positions. As a result of these analyses, EPA found that the information claimed as confidential was not a trade secret or CBI and, therefore, was not within the scope of Exemption 4 of the FOIA. Based on EPA's analysis and decision in the confidentiality claims asserted by these two companies for their hazardous waste export notices and annual reports, EPA expects to apply a similar analysis and reach a similar decision with respect to these types of documents as well as the other aforementioned documents related to the export, import, and transit of hazardous waste and export of excluded CRTs that would be submitted to EPA by other companies. Therefore, EPA proposes to make a confidentiality determination in this rule that all of the aforementioned documents are not confidential. In addition, EPA has issued an annual Federal Register publication requesting comment from affected businesses (other than original submitters), as defined in 40 CFR 2.201(d), on their need to assert confidentiality claims for documents and data compiled from such documents submitted by original submitters related to the export, import and transit of RCRA hazardous waste, including those hazardous wastes managed under the special management standards in 40 CFR part 266 (e.g., spent lead acid batteries) and 40 CFR part 273 (e.g., universal waste batteries, universal waste mercury lamps), and related to the export of CRTs under 40 CFR part 261, made during the previous calendar year, prior to EPA considering such documents releasable upon public request. The annual Federal Register publications have not addressed CBI claims likely to be made by the original submitters, since RCRA regulations at 40 CFR 260.2(b) already address the CBI requirements for original submitters. To date, EPA has never received a comment from any business not an original submitter as a result of the annual Federal Register publication. As discussed previously, EPA's regulations at 40 CFR 2.208 state that, in order for business information to be entitled to confidential treatment, the Agency must have determined that such claims meet several criteria. EPA believes that the aforementioned documents related to the export, import, and transit of hazardous waste and export of excluded CRTs do not meet several of the criteria listed in 40 CFR 2.208. Our rationale is explained in the following paragraphs. EPA believes that any CBI claim that might be asserted with respect to the individual selected hazardous waste documents would be extremely difficult to sustain under the substantive CBI criteria set forth in the Agency's CBI regulations (40 CFR part 2, subpart B). For example, to make a CBI claim, a business must satisfactorily show that it has taken reasonable measures to protect the confidentiality of the information, and that it intends to continue to take such measures. The selected hazardous waste documents submitted to the Agency are also shared with several commercial entities while they are being processed and used. As [[Page 85464]] a result, a business concerned with protecting its commercial information would find it exceedingly difficult to protect its records from disclosure by all the other persons who come into contact with such export, import and transit documents. For example, a business wanting to protect commercial information contained in individual hazardous waste export and import documents would need to enter into and enforce non-disclosure agreements or similar legal mechanisms with all its customers and other third parties and affected interests who might also be named as waste handlers on the documents or who otherwise might be expected to come into contact with its documents. Furthermore, to substantiate a CBI claim, a business must also show that the information is not, and has not been, reasonably obtainable without the business's consent by other persons (other than governmental bodies) by use of legitimate means (other than discovery based on a showing of special need in a judicial or quasi-judicial proceeding). As described previously, the selected hazardous waste documents are shared with several commercial entities throughout the chain of custody of a hazardous waste shipment. Therefore, information contained in these documents is relatively easily accessible to other parties without the business's explicit consent. For these reasons, EPA believes that any CBI claim that might be asserted with respect to the aforementioned documents related to the export, import, and transit of hazardous waste and export of excluded CRTs would be difficult to sustain under the substantive CBI criteria (40 CFR part 2, subpart B). Finally, EPA has established precedent in applying confidentiality determinations to RCRA hazardous waste documents. On February 7, 2014, EPA published the Hazardous Waste Management System; Modification of the Hazardous Waste Manifest System; Electronic Manifests final rule which made a categorical determination for individual RCRA hazardous waste manifest records. In EPA's Notice of Data Availability and Request for Comment on the Agency's Hazardous Waste Management System; Modification of the Hazardous Waste Manifest System (73 FR 10204) published on February 26, 2008, EPA concluded that information contained in individual manifested records is essentially public information and therefore is not eligible under federal law for treatment as CBI. The effect of this decision was that EPA made a categorical determination that it will not accept any CBI claims that might be asserted in connection with processing, using, or retaining individual paper or electronic manifests. Because the information contained in RCRA manifests is largely similar to the information contained in individual hazardous waste export and import documents, such as the name, address, and other information about the generator, transporter, and destination or receiving facility, EPA believes that the decision to apply categorical determinations for electronic manifests further supports the proposed confidentiality determination in this action for the aforementioned documents related to the export, import, and transit of hazardous waste and export of excluded cathode ray tubes (CRTs) and related aggregate information. Based on our analysis of the CBI criteria in 40 CFR part 2, subpart B, the absence of successful confidentiality claims by the original submitters of information and the lack of assertions of confidentiality submitted by affected businesses other than original submitters in response to the annual Federal Register publication, EPA believes that our proposed confidentiality determination to exclude from CBI claims and release on an annual basis the aforementioned documents is reasonable. EPA requests comment on our proposed confidentiality determination to prospectively exclude the aforementioned documents related to the export, import, and transit of hazardous waste and export of excluded CRTs from eligibility for CBI claims. In addition, the Agency believes that these documents do not qualify for the FOIA exemption for personal privacy, and thus the names of company employees or independent contractors that appear in these documents would not be exempt from public release. These documents do not qualify for the personal privacy exemption because the aforementioned documents submitted to the Agency are also shared with several commercial entities while they are being processed and used. As such, such persons whose names appear in these documents have no expectation of privacy. EPA requests public comment on this position. EPA proposes not to make publicly accessible the aforementioned documents related to the export, import, and transit of hazardous waste and export of excluded CRTs during the previous calendar year until March 1 of the succeeding year, except as required by applicable federal law, because EPA considers that these documents are still not in final form. Access would be limited while the data are being collected and verified, as data are processed, and exceptions or discrepancies are being resolved. This decision would not impact any CBI claims or any determinations made in the past by EPA in resolving CBI claims related to the export, import, and transit of hazardous waste and export of excluded CRTs. EPA requests comment on our proposed confidentiality determination that the aforementioned documents related to the export, import, and transit of hazardous waste and export of excluded CRTs, and data compiled from such documents, would be excluded from CBI claims and made releasable on an annual basis, except as required by applicable federal law. EPA also requests comment on whether requiring that internet posting of confirmations of receipt and confirmations of recovery or disposal by March 1 of each year is an appropriate timeframe for the documents to be considered in final form. 3. Release of Aggregate Data and Competitive Harm Concerns EPA understands that the waste management industry may be concerned that the aggregation of the data contained in the aforementioned documents related to the export, import, and transit of hazardous waste and export of excluded CRTs may enable competitors to obtain more immediate and efficient access to customer information, thus potentially creating competitive consequences not previously experienced under the current paper system. Exemption 4 of the Freedom of Information Act (FOIA) exempts from disclosure ``trade secrets and commercial or financial information obtained from a person and privileged or confidential'' (5 U.S.C. 552(b)(4)). In order for information to meet the requirements of Exemption 4, EPA must find that the information is either (1) a trade secret; or (2) commercial or financial information obtained from a person and privileged or confidential (commonly referred to as ``Confidential Business Information' (``CBI'')). Since the individual aforementioned documents related to the export, import, and transit of hazardous waste and export of excluded CRTs would not be eligible for CBI treatment for the reasons discussed previously, it is a novel issue for EPA whether requests under FOIA for data aggregated from multiple selected records would require special handling by EPA under the FOIA exemption for confidential business information. [[Page 85465]] Therefore, EPA is seeking public comment on how, if at all, EPA should address any future FOIA requests for aggregate data from the aforementioned documents related to the export, import, and transit of hazardous waste and export of excluded CRTs. First, EPA needs information on how substantial the harm would be to a company's competitive position if aggregate data from multiple manifests could be obtained from EPA under a FOIA request. How would this situation differ quantifiably from the current situation where a FOIA request can be made for several of the aforementioned documents related to the export, import, and transit of hazardous waste and export of excluded CRTs and the requester must then aggregate the relevant data in each of these manifests for himself or herself? Given our uncertainty about the adverse effects or competitive harm to waste management businesses that would submit hazardous waste export and import documents to EPA, we seek comment on whether the release of aggregated data would adversely impact waste management businesses. In particular, we ask that the waste management industry substantiate their concerns, if any, that the aggregation of manifest data and the subsequent disclosure of that data would somehow release their company's confidential business information and thus cause substantial competitive harm to them. If EPA were to determine that the waste management industry concerns for the disclosure of aggregate information are legitimate and that they are not sufficiently addressed by the approach described previously in this proposal, then we could develop another approach to mitigate the ability to efficiently create customer lists from aggregated data. We therefore request comment on how EPA should design and implement an approach to protect the disclosure of aggregate data of competitive value, if such an approach were appropriate. For example, what are the indicators of aggregated requests (e.g., requests of 50 or more import, export or transit documents involving a single exporter or importer) that would justify our handling aggregated data differently from individual manifests for FOIA disclosure purposes? What information should be redacted from the data that are released to mitigate any competitive harm from the data disclosure? If, however, EPA were to determine that the release of aggregate information would not be entitled to confidentiality, EPA would make publicly available such aggregate information in addition to individual documents discussed previously. The proposed internet posting requirements do not affect the current recordkeeping requirements for retaining paper copies of the export confirmations of receipt, export confirmations of completing recovery or disposal, import confirmations of receipt, and import confirmations of completing recovery or disposal. These paper documents must be retained by exporters and receiving facilities for a period of at least three (3) years. II. Background A. RCRA General Hazardous Waste Export and Import Requirements EPA's hazardous waste export and import regulations were originally promulgated in 1986, and have been revised multiple times. For more information about these requirements and revisions that are being published in this issue of the Federal Register, see ``Hazardous Waste Export-Import Revisions Final Rule'' found in the ``Rules and Regulations'' section of this Federal Register. B. EPA's Transition to Electronic Submittal of Export and Import Documents Under the newly revised requirements in 40 CFR parts 262, 264 and 265, as amended in EPA's Hazardous Waste Export-Import Revisions Final Rule (found in the ``Rules and Regulations'' section of this Federal Register), export notices for hazardous waste (40 CFR 262.83(b)) and export notices for CRTs being shipped for recycling (40 CFR 261.39(a)(5)(ii)) are required to be submitted electronically to EPA using EPA's Waste Import Export Tracking System (WIETS) starting on December 31, 2016. Export annual reports for hazardous waste (40 CFR 262.83(g)) and export annual reports for CRTs being shipped for recycling (40 CFR 261.39(a)(5)(xi)) are required to be submitted by paper method prior to one year after a future Automated Export System (AES) filing compliance date to be announced in a future, separate Federal Register notice, and then submitted electronically into EPA's WIETS system thereafter. The following documents related to hazardous waste exports and imports are required to be submitted to EPA by paper method prior to a future electronic import-export reporting compliance date to be established in a future, second separate Federal Register notice, and then submitted electronically into EPA's WIETS system thereafter: Import notices for hazardous waste in cases where country of export does not control as hazardous waste export and EPA has not received notice from country of export (40 CFR 262.84(b)); Export exception reports for hazardous waste (40 CFR 262.83(h), in lieu of exception reporting required under 40 CFR 262.42); Receiving facility notifications of the need to arrange alternate management or the return of an import shipment of hazardous waste (262.84(f)(6), 264.12(a)(4)(ii), 265.12(a)(4)(ii)). As of the electronic import-export reporting compliance date, per the newly revised requirements in 40 CFR parts 262, 264 and 265, as amended in EPA's Hazardous Waste Export-Import Revisions Final Rule (found in the ``Rules and Regulations'' section of this Federal Register), the following additional confirmation documents must be submitted electronically to EPA regarding hazardous waste import and export shipments: (a) Export confirmations of receipt using movement document (submittal by foreign recovery facility required per contract requirements, 40 CFR 262.83(d)(xv) and 262.83(f)(4)); (b) Export confirmations of completing recovery or disposal (submittal by foreign recovery facility required per contract requirements, 40 CFR 262.83(f)(5)); (c) Import confirmations of receipt using movement document (40 CFR 262.84(d)(xv), 264.12(a)(2), 264.71(d), 265.12(a)(2), 265.71(d)); (d) Import confirmations of completing recovery or disposal (40 CFR 262.84(g), 264.12(a)(4)(i), 265.12(a)(4)(i)). To facilitate accessibility and transparency of documentation concerning import and export shipments of hazardous waste that are received and completely recovered or disposed of during the period prior to the electronic import-export reporting compliance date, EPA is proposing that exporters and receiving facilities of hazardous waste maintain a publicly accessible Web site (``Export/Import Web site'') to which the four confirmation documents listed previously in (a), (b), (c), and (d) would be posted. EPA believes that easier access to this information will allow EPA and the public to better monitor exporters' and importers' compliance with EPA's hazardous waste regulations and help verify that hazardous waste shipments are properly received and disposed. EPA believes the internet is currently the most convenient and widely [[Page 85466]] accessible means for gathering information while the Agency develops electronic submittal capabilities for WIETS. After the electronic import-export reporting compliance date, when EPA's WIETS is ready to receive these export and import confirmations electronically, exporters and receiving facilities will no longer be required to post these confirmations on their respective company's Web site, as the regulations would then require electronic submittal of the export and import shipment confirmations to EPA using WIETS. 1. Why is EPA proposing to require that importers and exporters maintain a Web site to post hazardous waste export and import documents? EPA's proposal requires exporters and receiving facilities of hazardous waste to maintain a Web site to which information can be posted regarding the confirmation of receipt and confirmation of completed recovery or disposal of individual hazardous waste export and import shipments. The Web site is an appropriate means for ensuring public access to the required information while the Agency develops the electronic submittal capabilities of WIETS. EPA intends for such postings to the exporter or receiving facility's Web site to be a temporary requirement to be superseded on the electronic import-export reporting compliance date when they will be required to electronically submit the confirmations to WIETS. 2. What are the confirmations of receipt and confirmations of recovery or disposal and how will internet posting of these documents help improve tracking and monitoring of individual hazardous waste shipments? The confirmation of receipt is a copy of the signed and dated international movement document that must accompany a consented hazardous waste shipment from the starting site in the country of export to the destination site in the country of import. To confirm receipt of the shipment, U.S. exporters must ensure that copies of the signed movement document (i.e., confirmation of receipt) be sent by the foreign destination facility to the exporter and to the countries of export (as of the electronic import-export reporting compliance date), import, and transit that respectively control the shipment as an export, import or transit of hazardous waste. Similarly, U.S. receiving facilities that receive imports of hazardous waste must send copies of the confirmation of receipt to the foreign exporter and to the countries of export, import (as of the electronic import-export reporting compliance date) and transit. The confirmation of receipt reduces the risk of a shipment being misdirected to a country or facility not approved to receive the shipments for disposal or recovery. The confirmation of receipt also highlights any incident where the shipment is interrupted or misdirected, as the exporter and competent authorities will not receive the confirmation from the approved destination facility within expected timeframes. Lastly, the confirmation of receipt provides documentation for both the exporter and the countries of import and export that the shipment in fact went to the approved recycling or disposal facility. The confirmation of recovery or disposal documents the completion of final management (i.e., treatment and disposal, recovery) of each hazardous waste export or importshipment. Once received at the approved facility, management (i.e., treatment and disposal, recovery) of each shipment is required to be completed within one year of shipment delivery. For export shipments the U.S. exporter must ensure that the foreign destination facility send confirmation of completing such management back to the exporter and to the countries of export (as of the electronic import-export reporting compliance date), import, and transit that respectively control the shipment as an export or transit of hazardous waste. Similarly for import shipments, a U.S. recycling or disposal facility receiving an import of hazardous waste must send such confirmation back to the exporter and to the countries of export, import (as of the electronic import-export reporting compliance date) and transit. Requiring destination facilities to send such confirmation to the exporter and to the competent authorities of the countries of export and import of the shipment, helps minimize the risk of speculative accumulation or abandonment of the waste shipments, and decreases the potential for associated damage to human health and the environment. As described previously, the confirmation of receipt and confirmation of recovery or disposal are important requirements that document the receipt and final disposition of individual hazardous waste export and import shipments. With regards to exports, the confirmations are the only records documenting that hazardous waste shipments are properly received and managed in the foreign country importing the waste. EPA believes that public access to these documents on the Web sites of exporters and receiving facilities of hazardous waste from foreign sources facilitates the tracking and monitoring compliance of hazardous waste shipments in accordance with EPA's hazardous waste regulations and helps verify that hazardous waste shipments are properly received and disposed. 3. What accommodations will EPA make to allow original submitters of information and affected facilities to protect potential confidential business information (CBI) contained in the documents posted to the Export/Import Web site? As discussed in the previous section, EPA proposes to apply confidentiality determinations to the aforementioned documents related to the export, import, and transit of hazardous waste and export of excluded CRTs. Based on our analysis of the CBI criteria provided in Section I.E. of this proposed rule, we conclude that the information contained in the aforementioned documents related to the export, import, and transit of hazardous waste and export of excluded CRTs is essentially public information. Therefore, we propose that no CBI claims may be asserted with respect to any of the aforementioned documents, including hazardous waste export and import confirmations of receipt and confirmations of recovery or disposal. 4. What recordkeeping requirements apply to confirmations of receipt and confirmations of recovery or disposal with this proposed rule? Each confirmation of receipt and confirmation of recovery or disposal posted to the company Web sites of hazardous waste exporters and receiving facilities of hazardous waste from foreign sources must be publicly available for a period of at least three years following the date on which the document was first required to be posted to the Web site. The proposed internet posting requirements do not affect the current recordkeeping requirements for retaining paper copies of the export confirmations of receipt, export confirmations of completing recovery or disposal, import confirmations of receipt, and import confirmations of completing recovery or disposal. These paper documents must be retained by exporters and receiving facilities for a period of at least three (3) years. After the electronic import-export reporting compliance date when confirmations will be submitted electronically, the requirement to post these copies and to make them publicly available for three years does not apply. [[Page 85467]] Records of the confirmations must be kept as either paper copies or electronic submittals retained in the exporter's account on EPA's Waste Import Export Tracking System (WIETS), or its successor system, provided that copies are readily available for reviewing and production if requested by any EPA or authorized state inspector, as stated in the Hazardous Waste Export-Import Revisions rule published in this Federal Register and in Sec. 262.83(i)(2) and Sec. 262.84(h)(3). III. Summary of This Proposed Rule A. Changes to 40 CFR 260.2 EPA is proposing a confidentiality determination to exclude hazardous waste export, import, and transit documents and CRT export documents from confidentiality claims. B. Changes to 40 CFR 262.83 and 262.84 EPA is proposing to modify the reporting and recordkeeping requirements for exporters of hazardous waste and receiving facilities such that, prior to the future electronic import/export reporting compliance date, regulated parties are required to maintain a single, publicly accessible Web site (``Export/Import Web site'') containing readable, read-only, publicly accessible, downloadable images of the following documents: Export confirmations of receipt; export confirmations of recovery or disposal; import confirmations of receipt; and import confirmations of recovery or disposal. The exporter's Web site must be titled ``Hazardous Waste Export/Import Regulations Compliance Documents.'' Each document posted to the Export/Import Web site must be publicly accessible on the Web site by the first of March of each year and include all of the confirmations of receipt and confirmations of recovery or disposal received by the exporter or sent out by the receiving facility during the previous calendar year. Each confirmation must be publicly available for a period of at least three years following the date on which the document was first required to be posted to the Web site. This requirement to post these copies and to make them publicly available for three years does not apply, however, after the electronic import-export reporting compliance date. The documents must clearly identify the EPA ID number of the exporter or receiving facility, the consent number associated with the shipment, and the shipment number relative to the total number of allowable shipments for the consent number. These documents must be retained by exporters or receiving facilities for a period of at least three (3) years. C. Changes to 40 CFR 264.74 EPA is proposing to modify the reporting and recordkeeping requirements for the owner or operator of a facility that is arranging or has arranged to receive hazardous waste subject to 40 CFR part 262, subpart H from a foreign source such that, prior to the future electronic import-export reporting compliance date, regulated parties will be required to maintain a single, publicly available Web site containing readable, read-only, publicly accessible, downloadable images of the following documents: Import confirmations of receipt and import confirmations of recovery or disposal. The receiving facility's Web site must be titled ``Hazardous Waste Export/Import Rule Compliance Documents.'' Each document posted to the Export/Import Web site must be publicly accessible on the Web site by the first of March of each year and include all of the confirmations of receipt and confirmations of recovery or disposal sent out by the receiving facility during the previous calendar year. Each confirmation must be publicly available for a period of at least three years following the date on which the document was first required to be posted to the Web site. (This requirement to post these copies and to make them publicly available for three years does not apply, however, after the electronic import- export reporting compliance date.) These documents must be retained by the receiving facilities for a period of at least three (3) years. D. Changes to 40 CFR Part 265.74 EPA is proposing to modify the reporting and recordkeeping requirements for the owner or operator of a facility that is arranging or has arranged to receive hazardous waste subject to 40 CFR part 262, subpart H from a foreign source such that, prior to the future electronic import-export reporting compliance date, regulated parties will be required to maintain a single, publicly available Web site containing readable, read-only, publicly accessible, downloadable images of the following documents: Import confirmations of receipt and import confirmations of recovery or disposal documents. The receiving facility's Web site must be titled ``Hazardous Waste Export/Import Rule Compliance Documents.'' Each document posted to the Export/Import Web site must be publicly accessible on the Web site by the first of March of each year and include all of the confirmations of receipt and confirmations of recovery or disposal sent out by the receiving facility during the previous calendar year. Each confirmation must be publicly available for a period of at least three years following the date on which the document was first required to be posted to the Web site. This requirement to post these copies and to make them publicly available for three years does not apply, however, after the electronic import-export reporting compliance date. These documents must be retained by the receiving facilities for a period of at least three (3) years. E. Changes to 40 CFR Part 267.71 EPA is proposing to modify the reporting and recordkeeping requirements for the owner or operator of a facility that is arranging or has arranged to receive hazardous waste subject to 40 CFR part 262, subpart H from a foreign source such that, prior to the future electronic import-export reporting compliance date, regulated parties will be required to maintain a single, publicly available Web site containing readable, read-only, publicly accessible, downloadable images of the import confirmations of receipt. The receiving facility's Web site must be titled ``Hazardous Waste Export/Import Rule Compliance Documents.'' Each document posted to the Export/Import Web site must be publicly accessible on the Web site by the first of March of each year and include all of the confirmations of receipt and confirmations of recovery or disposal sent out by the receiving facility during the previous calendar year. Each confirmation must be publicly available for a period of at least three years following the date on which the document was first required to be posted to the Web site. This requirement to post these copies and to make them publicly available for three years does not apply, however, after the electronic import- export reporting compliance date. These documents must be retained by the receiving facilities for a period of at least three (3) years. IV. Costs and Benefits of the Proposed Rule A. Introduction The Agency's economic assessment conducted in support of this proposed action evaluates costs, cost savings, benefits, and other impacts, such as environmental justice, children's health, unfunded mandates, regulatory takings, and small entity impacts. To conduct this analysis, we developed and [[Page 85468]] implemented a methodology for examining impacts, and followed appropriate guidelines and procedures for examining equity considerations, children's health, and other impacts. B. Analytical Scope This economic analysis assesses the costs and cost savings of the proposed rule. It estimates the unit costs for each provision of the rule and applies these values to the number of affected entities, and it employs a ``model entity'' approach to estimate the cost and cost savings associated with the proposed rule, applying average costs by entity type (i.e., exporter, importer, transporter, or recognized trader) and foreign trade partner. The costs (and cost savings) of the proposed rule are estimated over a twenty-year time horizon and using a seven percent discount rate. The analysis conducted for this proposal is a simple cost assessment. We do not attempt to estimate the social costs and benefits associated with this action. This is consistent with Executive Order 12866, which requires a full Regulatory Impact Analysis only for actions having an estimated impact on society of greater than $100 million per year. C. Cost Impacts Regulated parties will incur costs to familiarize itself with the requirements of the rule and comply with each of the provisions described in the summary of the proposed rule and changes. The most significant costs to industry under the proposed rule are associated with the posting of the required documents to the Export/Import Web site until the electronic submittal capabilities of WIETS are fully developed. As a result of the rule, the annualized costs to regulated parties are estimated to be about $99,309 if the electronic submittal capabilities of WIETS are developed in 2018 and estimated to be about $333,993 if the electronic submittal capabilities of WIETS are developed in 2022, using a 7 percent discount rate. D. Benefits There are a number of qualitative benefits associated with this proposed rule. During the interim period, the rule will: Achieve greater transparency and public accessibility of export and import documentation; Improve the public's ability to acquire information regarding the quantities of U.S. hazardous waste exports and imports; Help monitor proper compliance with EPA's hazardous waste regulations and verify that hazardous waste shipments are properly received and disposed. Due to data availability, EPA could not quantify all the benefits, such as human health benefits from increased compliance with the rule. V. State Authorization A. Applicability of Rules in Authorized States Under section 3006 of RCRA, EPA may authorize qualified States to administer their own hazardous waste programs in lieu of the federal program within the State. Following authorization, EPA retains enforcement authority under sections 3008, 3013, and 7003 of RCRA, although authorized States have primary enforcement responsibility. The standards and requirements for State authorization are found at 40 CFR part 271. Prior to enactment of the Hazardous and Solid Waste Amendments of 1984 (HSWA), a State with final RCRA authorization administered its hazardous waste program entirely in lieu of EPA administering the federal program in that State. The federal requirements no longer applied in the authorized State, and EPA could not issue permits for any facilities in that State, since only the State was authorized to issue RCRA permits. When new, more stringent federal requirements were promulgated, the State was obligated to enact equivalent authorities within specified time frames. However, the new federal requirements did not take effect in an authorized State until the State adopted the federal requirements as State law. In contrast, under RCRA section 3006(g) (42 U.S.C. 6926(g)), which was added by HSWA, new requirements and prohibitions imposed under HSWA authority take effect in authorized States at the same time that they take effect in unauthorized States. EPA is directed by the statute to implement these requirements and prohibitions in authorized States, including the issuance of permits, until the State is granted authorization to do so. While States must still adopt HSWA related provisions as State law to retain final authorization, EPA implements the HSWA provisions in authorized States until the States do so. Authorized States are required to modify their programs only when EPA enacts federal requirements that are more stringent or broader in scope than existing federal requirements. RCRA section 3009 allows the States to impose standards more stringent than those in the federal program (see also 40 CFR 271.1). Therefore, authorized States may, but are not required to, adopt federal regulations, both HSWA and non-HSWA, that are considered less stringent than previous federal regulations. B. Effect on State Authorization Because of the federal government's special role in matters of foreign policy, EPA does not authorize States to administer Federal import/export functions in any section of the RCRA hazardous waste regulations. This approach of having Federal, rather than State, administering of the import/export functions promotes national coordination, uniformity and the expeditious transmission of information between the United States and foreign countries. Although States do not receive authorization to administer the Federal government's export functions in the previous 40 CFR part 262 subpart E, import functions in the previous 40 CFR part 262 subpart F, import/export functions in the previous or revised 40 CFR part 262 subpart H, or the import/export relation functions in any other section of the RCRA hazardous waste regulations, State programs are still required to adopt the provisions in this rule to maintain their equivalency with the Federal program (see 40 CFR 271.10(e)). This proposed rule contains amendments to the revised 40 CFR part 262 subpart H. The rule also contains related amendments to 40 CFR parts 260, 262, 264, 265, and 267, all of which are more stringent. The States that have already adopted 40 CFR part 262 subparts E, F and H, 40 CFR parts 263, 264, 265, and any other import/export related regulations, and that will be adopting the revisions in the Hazardous Waste Export-Import Revisions Final Rule, published in the ``Rules and Regulations'' section of this Federal Register, must adopt the revisions to those provisions in this final rule. But only States that have previously adopted the optional CRT conditional exclusion in 40 CFR 261.39, or the optional exclusions for samples in 40 CFR 261.4(d) and (e) are required to adopt the revisions related to those exclusions in this final rule. When a State adopts the import/export provisions in this rule (if final), they must not replace Federal or international references or terms with State references or terms. The provisions of this rule, if final, will take effect in all States on the effective date of the rule, since these import and export requirements will be [[Page 85469]] administered by the Federal government as a foreign policy matter, and will not be administered by States. VI. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review and Executive Order 13563: Improving Regulation and Regulatory Review This proposed rule is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. The EPA prepared an economic analysis of the potential costs and benefits associated with this action. This analysis, titled ``Regulatory Impact Analysis: Internet Posting and Confidentiality Determinations for Hazardous Waste Export and Import Documents Proposed Rule,'' is available in the docket. Interested persons, including those persons currently importing and exporting hazardous waste, are encouraged to read and comment on the accuracy of the assumptions and the burden estimates presented in this document (e.g., for Web site development, hiring or training of additional staff, including legal counsel or external consultants, to comply with the finalized requirements). B. Paperwork Reduction Act (PRA) The information collection activities in this proposed rule have been submitted for approval to the Office of Management and Budget (OMB) under the PRA. The Information Collection Request (ICR) document that the EPA prepared has been assigned EPA ICR number 2557.01. You can find a copy of the ICR in the docket for this rule, and it is briefly summarized here. This action proposes that exporters of hazardous waste and receiving facilities of hazardous waste post read-only, publicly accessible, downloadable images of required documents to a single publicly accessible Web site to be developed and maintained by each regulated party. Respondents/affected entities: Recycling and disposal facilities who receive imports of hazardous waste and all persons who export or import (or arrange for the export or import) hazardous waste being shipped for either recycling or disposal, SLABs being shipped for reclamation, industrial ethyl alcohol being shipped for reclamation, and hazardous recyclable materials being shipped for precious metal recovery, and hazardous waste samples of more than 25 kilograms being shipped for waste characterization or treatability studies. Respondent's obligation to respond: Required per proposed regulations 40 CFR 262.83, 262.84, 264.74, 265.74, and 267.71 under RCRA (42 U.S.C. 6901 et seq., 6905, 6912, 6921-6927, 6930, 6934, 6935, 6937, 6938, 6939, and 6974). Estimated number of respondents: 476. Frequency of response: Yearly. Total estimated burden: 4452 hours (per year). Burden is defined at 5 CFR 1320.3(b). Total estimated cost: $0, includes $0 annualized capital or operation & maintenance costs. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for the EPA's regulations in 40 CFR are listed in 40 CFR part 9. Submit your comments on the Agency's need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden to the EPA using the docket identified at the beginning of this rule. You may also send your ICR-related comments to OMB's Office of Information and Regulatory Affairs via email to [email protected], Attention: Desk Officer for the EPA. Since OMB is required to make a decision concerning the ICR between 30 and 60 days after receipt, OMB must receive comments no later than December 28, 2016. The EPA will respond to any ICR-related comments in the final rule. C. Regulatory Flexibility Act (RFA) EPA certifies that this action will not have a significant economic impact on a substantial number of small entities under the RFA. The small entities subject to the requirements of this action are exporters of hazardous waste and receiving facilities of hazardous waste from foreign sources. The Agency has determined that approximately 22 percent of exporters and approximately 25 percent of facilities receiving hazardous waste from foreign sources, are small entities, generating an average revenue of approximately $41 million and $8 million annually. The cumulative average cost of this proposed action will not exceed one percent of annual revenues for any one entity. Details of this analysis are presented in Section 5.2 of ``Regulatory Impact Analysis: Internet Posting and Confidentiality Determinations for Hazardous Waste Export and Import Documents Proposed Rule,'' which is available in the docket. D. Unfunded Mandates Reform Act (UMRA) This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. Further, UMRA does not apply to the portions of this action concerning application of OECD import and export procedures because those portions are necessary for the national security or the ratification or implementation of international treaty obligations (i.e., the 1986 OECD Decision- Recommendation and the Amended 2001 OECD Decision). E. Executive Order 13132: Federalism This action does not have federalism implications because the state and local governments do not administer the export and import requirements under RCRA. It 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. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. No exporters, importers or transporters affected by this action are known to be owned by Tribal governments or located within or adjacent to Tribal lands. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because the EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. The requirements in this action should prevent mismanagement [[Page 85470]] of hazardous wastes in foreign countries and better document proper management of imported hazardous wastes in the United States. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. This action is designed to increase the accessibility and transparency of documentation of individual hazardous waste import and export shipments. K. Executive Order 13659: Streamlining the Export/Import Process for America's Businesses Executive Order 13659, titled ``Streamlining the Export/Import Process for America's Businesses'' (79 FR 10657, February 25, 2014), establishes federal executive policy on improving the technologies, policies, and other controls governing the movement of goods across our national borders. This proposed action strengthens the accessibility and transparency of documentation by requiring public internet posting of confirmation of receipt and confirmation of recovery or disposal of individual export and import shipments of hazardous wastes prior to the future electronic import-export reporting compliance date EPA will establish in a separate Federal Register notice. Thus, this proposed action is consistent with the purpose of Executive Order 13659. List of Subjects 40 CFR Part 260 Environmental protection, CRTs, Exports, Hazardous materials transportation, Hazardous waste, Imports, Labeling, Packaging and containers, Reporting and recordkeeping requirements, Transits. 40 CFR Part 262 Environmental protection, Hazardous waste, Exports, Imports, Reporting and recordkeeping requirements. 40 CFR Part 264 Environmental protection, Hazardous waste, Imports, Reporting and recordkeeping requirements. 40 CFR Part 265 Environmental protection, Hazardous waste, Imports, Reporting and recordkeeping requirements. 40 CFR Part 267 Environmental protection, Hazardous waste, Imports, Reporting and recordkeeping requirements. Dated: October 28, 2016. Gina McCarthy, Administrator. For the reasons stated in the preamble, title 40, chapter 1 of the Code of Federal Regulations is proposed to be amended as follows. PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL 0 1. The authority citation for part 260 continues to read as follows: Authority: 42 U.S.C. 6905, 6912(a), 6921-27, 6930, 6934, 6935, 6937, 6938, 6939, and 6974. 0 2. Amend Sec. 260.2 by revising paragraph (b) and adding paragraph (d) to read as follows: Sec. 260.2 Availability of information; confidentiality of information. * * * * * (b) Except as provided under paragraphs (c) and (d) of this section, any person who submits information to EPA in accordance with parts 260 through 266 and 268 of this chapter may assert a claim of business confidentiality covering part or all of that information by following the procedures set forth in Sec. 2.203(b) of this chapter. Information covered by such a claim will be disclosed by EPA only to the extent, and by means of the procedures, set forth in part 2, Subpart B, of this chapter. * * * * * (d)(1) After [final rule effective date], no claim of business confidentiality may be asserted by any person with respect to information contained in cathode ray tube export documents prepared, used and submitted under Sec. Sec. 261.39(a)(5) and 261.41(a) of this chapter, and with respect to information contained in hazardous waste export, import, and transit documents prepared, used and submitted under Sec. Sec. 262.82(c), 262.83, 262.84, 264.12(a), 264.71(d), 265.12(a), 265.71(d), and 267.71(d), whether submitted to EPA electronically or in paper format. (2) EPA will make any cathode ray tube export documents prepared, used and submitted under Sec. Sec. 261.39(a)(5) and 261.41(a) of this chapter, and any hazardous waste export, import, and transit documents prepared, used and submitted under Sec. Sec. 262.82(c), 262.83, 262.84, 264.12(a), 264.71(d), 265.12(a), 265.71(d), and 267.71(d) of this chapter available to the public under this section when these electronic or paper documents are considered by EPA to be releasable and final. These submitted electronic and paper documents related to hazardous waste exports, imports and transits and cathode ray tube exports are considered by EPA to be public documents and are considered to be final documents on March 1 of the calendar year after the related cathode ray tube exports or hazardous waste exports, imports, or transits were made. * * * * * PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE 0 3. The authority citation for part 262 continues to read as follows: Authority: 42 U.S.C 6906, 6912, 6922-6925, 6937, and 6938. 0 4. In Sec. 262.83, as amended in a final rule published elsewhere in this issue of the Federal Register and effective December 31, 2016, add paragraph (i)(4) to read as follows: Sec. 262.83 Exports of hazardous waste. * * * * * (i) * * * (4) Prior to the electronic import-export reporting compliance date, the exporter must post copies of the export confirmations of receipt and confirmations of recovery or disposal that the exporter receives to the exporter's publicly accessible Web site (Export/Import Web site). The exporter's Web site must be titled ``Hazardous Waste Export/Import Rule Compliance Documents.'' The posted copies must be clearly readable, read-only, publicly accessible, and downloadable, and the file names of each copy must clearly identify the document type, EPA ID number of the facility, and consent number associated with the shipment. Each copy must be posted no later than by the first of March of each year and include all of the confirmations of receipt and confirmations of recovery or disposal received by the exporter during the previous calendar year. Each confirmation must be maintained on the exporter's Web site for at least three (3) [[Page 85471]] years from the date it was initially required to be posted. This requirement to post these copies does not apply after the electronic import-export reporting compliance date. 0 5. In Sec. 262.84, as amended in a final rule published elsewhere in this issue of the Federal Register and effective December 31, 2016, add paragraph (h)(5) to read as follows: Sec. 262.84 Imports of hazardous waste. * * * * * (h) * * * (5) Prior to the electronic import-export reporting compliance date, the receiving facility must post copies of the import confirmations of receipt and confirmations of recovery or disposal that the receiving facility sends to the foreign exporter to the receiving facility's publicly accessible Web site (Export/Import Web site). The receiving facility's Web site must be titled ``Hazardous Waste Export/ Import Rule Compliance Documents.'' The posted copies must be clearly readable, read-only, publicly accessible, and downloadable, and the file names of each copy must clearly identify the document type, EPA ID number of the facility, and consent number associated with the shipment. Each copy must be posted no later than by the first of March of each year and include all of the confirmations of receipt and confirmations of recovery or disposal sent out by the receiving facility during the previous calendar year. Each confirmation must be maintained on the receiving facility's Web site for at least three (3) years from the date it was initially required to be posted. This requirement to post these copies does not apply after the electronic import-export reporting compliance date. PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 0 6. The authority citation for part 264 continues to read as follows: Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925. 0 7. Amend 264.74 by adding paragraph (d) to read as follows: Sec. 264.74 Availability, retention, and disposition of records. * * * * * (d) Prior to the electronic import-export reporting compliance date, the owner or operator of a facility that is arranging or has arranged to receive hazardous waste subject to 40 CFR part 262, subpart H from a foreign source must post copies of the import confirmations of receipt and confirmations of recovery or disposal that the facility sends to the foreign exporter to the facility's publicly accessible Web site (Export/Import Web site). The receiving facility's Web site must be titled ``Hazardous Waste Export/Import Rule Compliance Documents.'' The posted copies must be clearly readable, read-only, publicly accessible, and downloadable, and the file names of each copy must clearly identify the document type, EPA ID number of the facility, and consent number associated with the shipment. Each copy must be posted no later than by the first of March of each year and include all of the confirmations of receipt and confirmations of recovery or disposal sent out by the receiving facility during the previous calendar year. Each confirmation must be maintained on the receiving facility's Web site for at least three (3) years from the date it was initially required to be posted. This requirement to post these copies does not apply after the electronic import-export reporting compliance date. PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 0 8. The authority citation for part 265 continues to read as follows: Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925, 6935, 6936, and 6937. 0 9. Amend 265.74 by adding paragraph (d) to read as follows: Sec. 265.74 Availability, retention, and disposition of records. * * * * * (d) Prior to the electronic import-export reporting compliance date, the owner or operator of a facility that is arranging or has arranged to receive hazardous waste subject to 40 CFR part 262, subpart H from a foreign source must post copies of the import confirmations of receipt and confirmations of recovery or disposal that the facility sends to the foreign exporter to the facility's publicly accessible Web site (Export/Import Web site). The receiving facility's Web site must be titled ``Hazardous Waste Export/Import Rule Compliance Documents.'' The posted copies must be clearly readable, read-only, publicly accessible, and downloadable, and the file names of each copy must clearly identify the document type, EPA ID number of the facility, and consent number associated with the shipment. Each copy must be posted no later than by the first of March of each year and include all of the confirmations of receipt and confirmations of recovery or disposal sent out by the receiving facility during the previous calendar year. Each confirmation must be maintained on the receiving facility's Web site for at least three (3) years from the date it was initially required to be posted. This requirement to post these copies does not apply after the electronic import-export reporting compliance date. PART 267--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT 0 9. The authority citation for part 267 continues to read as follows: Authority: 42 U.S.C. 6902, 6912(a), 6924-6926, and 6930. 0 10. Amend Sec. 267.71 by adding paragraph (e) as follows: Sec. 267.71 Use of the manifest system. * * * * * (e) Prior to the electronic import-export reporting compliance date, the facility that receives hazardous waste subject to 40 CFR part 262, subpart H from a foreign source must post copies of the import confirmations of receipt and confirmations of recovery or disposal that the facility sends to the foreign exporter to the facility's publicly accessible Web site (Export/Import Web site). The receiving facility's Web site must be titled ``Hazardous Waste Export/Import Rule Compliance Documents.'' The posted copies must be clearly readable, read-only, publicly accessible, and downloadable, and the file names of each copy must clearly identify the document type, EPA ID number of the facility, and consent number associated with the shipment. Each copy must be posted no later than by the first of March of each year and include all of the confirmations of receipt and confirmations of recovery or disposal sent out by the receiving facility during the previous calendar year. Each confirmation must be maintained on the receiving facility's Web site for at least three (3) years from the date it was initially required to be posted. This requirement to post these copies does not apply after the electronic import-export reporting compliance date. [FR Doc. 2016-27431 Filed 11-25-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules 85459
safety risks subject to Executive Order Landfills (MSWLF) and seek an List of Subjects
13045 (62 FR 19885, April 23, 1997); adequacy determination by the
40 CFR Part 239
• is not a significant regulatory action Environmental Protection Agency
subject to Executive Order 13211 (66 FR (EPA). This proposed rule documents Environmental protection,
28355, May 22, 2001); EPA’s determination that Washington’s Administrative practice and procedure,
• is not subject to requirements of MSWLF permit program is adequate to Intergovernmental relations, Waste
Section 12(d) of the National ensure compliance with Federal treatment and disposal.
Technology Transfer and Advancement MSWLF requirements. 40 CFR Part 258
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would DATES: Comments on this proposed Environmental protection, Reporting
be inconsistent with the CAA; and action must be received in writing on or and recordkeeping requirements, Waste
• does not provide EPA with the before January 27, 2017. treatment and disposal, Water pollution
discretionary authority to address, as ADDRESSES: Submit your comments, control.
appropriate, disproportionate human identified by Docket ID No. EPA–R10– Authority: This action is issued under the
health or environmental effects, using RCRA–2016–0622 by one of the authority of section 2002, 4005 and 4010(c)
practicable and legally permissible following methods: of the Solid Waste Disposal Act, as amended,
methods, under Executive Order 12898 42 U.S.C. 6912, 6945 and 6949(a).
• www.regulations.gov: Follow the
(59 FR 7629, February 16, 1994). Dated: October 20, 2016.
on-line instructions for submitting
In addition, this proposed rule for Dennis J. McLerran,
comments.
existing HMIWI units within the State of Regional Administrator, EPA Region 10.
Maryland does not have tribal • Email: calabro.domenic@epa.gov.
[FR Doc. 2016–26750 Filed 11–25–16; 8:45 am]
implications as specified by Executive • Fax: (206) 553–6640, to the BILLING CODE 6560–50–P
Order 13175 (65 FR 67249, November 9, attention of Domenic Calabro.
2000), because the section 111(d)/129
• Mail: Send written comments to
plan is not approved to apply in Indian ENVIRONMENTAL PROTECTION
Domenic Calabro, U.S. EPA, Region 10,
country located in the state, and EPA AGENCY
1200 Sixth Avenue, Suite 900, Mailstop:
notes that it will not impose substantial
AW–150, Seattle, WA 98101.
direct costs on tribal governments or 40 CFR Parts 260, 262, 264, 265 and
preempt tribal law. • Hand Delivery or Courier: Deliver 267
your comments to: Domenic Calabro,
List of Subjects in 40 CFR Part 62 Office of Air and Waste, U.S. EPA, [EPA–HQ–OLEM–2016–0492; FRL–9954–
Region 10, 1200 Sixth Avenue, Suite 26–OLEM]
Environmental protection, Air
pollution control, Carbon monoxide, 900, Mailstop: AW–150, Seattle, WA RIN 2050–AG90
Incorporation by reference, 98101. Such deliveries are only
Intergovernmental relations, Lead, accepted during the Office’s normal Internet Posting of and Confidentiality
Nitrogen dioxide, Ozone, Particulate hours of operation. Determinations for Hazardous Waste
matter, Reporting and recordkeeping Export and Import Documents
FOR FURTHER INFORMATION CONTACT: U.S.
requirements, Sulfur oxides, Volatile AGENCY: Environmental Protection
EPA Region 10, 1200 Sixth Avenue,
organic compounds. Agency (EPA).
Suite 900, Mailcode: AW–150, Seattle,
Authority: 42 U.S.C. 7401 et seq. Washington, 98101, Attn: Mr. Domenic ACTION: Proposed rule.
Dated: November 16, 2016. Calabro. Telephone: (206) 553–6640.
Shawn M. Garvin, SUMMARY: The Environmental Protection
SUPPLEMENTARY INFORMATION: In the Agency (EPA) is amending existing
Regional Administrator, Region III. Rules and Regulations section of this regulations regarding the export and
[FR Doc. 2016–28428 Filed 11–25–16; 8:45 am] issue of the Federal Register, the EPA import of hazardous wastes from and
BILLING CODE 6560–50–P is granting Washington a determination into the United States. EPA is making
of full program adequacy for its MSWLF these changes to improve protection of
permitting program through a direct public health with respect to hazardous
ENVIRONMENTAL PROTECTION final rule without prior proposal, wastes by ensuring public accessibility
AGENCY because the EPA views this as a and transparency of export and import
noncontroversial action and anticipates documentation. Specifically, the
40 CFR Parts 239 and 258
no adverse comments to this action. proposed revisions of the existing
[EPA–R10–RCRA–2016–0622; FRL 9928– Unless we receive written adverse regulations will require exporters of
26–Region 10] comments which oppose this approval hazardous waste and receiving facilities
during the comment period, the direct recycling or disposing hazardous waste
Determination of Full Program final rule will become effective on the from foreign sources to maintain a
Adequacy of Washington’s Municipal date it establishes, and we will not take single publicly accessible Web site
Solid Waste Landfill Permit Program further action on this proposal. If (‘‘Export/Import Web site’’) to which
AGENCY: Environmental Protection written adverse comments are received, documents can be posted regarding the
Agency (EPA). the EPA will review the comments and confirmation of receipt and
mstockstill on DSK3G9T082PROD with PROPOSALS
ACTION: Proposed rule. publish another Federal Register confirmation of completed recovery or
document responding to the comments disposal of individual hazardous waste
SUMMARY: Under the Resource and either affirming or revising the import and export shipments. These
Conservation and Recovery Act, as initial decision. For additional proposed changes will improve
amended by the Hazardous and Solid information, see the direct final rule information on the movement and
Waste Amendments, States must which is located in the Rules and disposition of hazardous wastes, and
develop and implement permit Regulations section of this issue of the will enable interested members of the
programs for Municipal Solid Waste Federal Register. community and the government to
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![85462 Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules
transit, RCRA manifests, annual reports, in Mexico, the United States and disposal. EPA is requesting comment on
EPA acknowledgements of consent, any Canada’’) and the 2015 EPA Office of the time period during which exporters
subsequent communication Inspector General (OIG) report on and receiving facilities should be
withdrawing a prior consent or hazardous waste imports (‘‘EPA Does required to post these documents to
objection, responses that neither Not Effectively Control or Monitor their Web site and whether such
consent nor object, exception reports, Imports of Hazardous Waste’’). Based on information should continue to be
transit notifications, and renotifications; its findings, the CEC report publicly available after the interim
(2) Documents related to the import of recommended that the U.S. require the period, once EPA receives submittals of
hazardous waste, under 40 CFR part use of manifests for each international such documents electronically.
262, subpart H, including but not shipment of SLABs, require exporters to EPA is proposing that the required
limited to contracts and notifications of obtain a confirmation of recovery from documents be posted as read-only,
intent to import hazardous waste into foreign recycling facilities, explore publicly accessible, downloadable
the U.S. from foreign countries or U.S. establishing an electronic export annual images. Examples of acceptable
importers; report, and better share export and document formats include, but are not
(3) Documents related to the import data between environmental and limited to, Portable Document Format
confirmation of receipt and border agencies. For a more complete (PDF), Joint Photographic Experts Group
confirmation of recovery or disposal of discussion of the CEC report and EPA’s (JPEG), and Graphics Interchange
hazardous waste exports and imports, related analysis, see Section VII of the Format (GIF). If a publicly available
under 40 CFR part 262, subpart H; Hazardous Waste Export-Import Web site is not available, exporters and
(4) Documents related to the transit of Revisions proposed rule (80 FR 63304). receiving facilities must develop a
hazardous waste, under 40 CFR part The 2015 EPA OIG report recommended publicly accessible Web site to post the
262, subpart H, including notifications that EPA improve the oversight of required documents. If a company has
from U.S. exporters of intent to transit hazardous waste imports, including more than one physical site from which
through foreign countries, or tracking of all hazardous waste import it exports hazardous waste or receives
notifications from foreign countries of shipments. Copies of the CEC and EPA hazardous waste imports for recycling
intent to transit through the U.S.; OIG reports can be found in the Docket or disposal, the company must clearly
(5) Documents related to the export of group the posted documents by
for the Hazardous Waste Export-Import
cathode ray tubes (CRTs), under 40 CFR individual physical facility site. In
Revisions proposed rule (Docket ID No.
part 261, subpart E, including but not addition, the documents for each
EPA–HQ–RCRA–2015–0147, documents
limited to notifications of intent to physical site must be clearly organized
EPA–HQ–RCRA–2015–0147–0009 and
export CRTs; by the consent number relevant to each
(6) Documents related to the export of EPA–HQ–RCRA–2015–0147–0011,
respectively), and copies have been export or import shipment. The
non-crushed spent lead acid batteries company’s Web site must be titled
(SLABs) with intact casings, under 40 placed in the docket for this proposed
rule. ‘‘Hazardous Waste Export/Import Rule
CFR part 266 subpart G, including but Compliance Documents.’’ The
EPA is particularly interested in input
not limited to notifications of intent to documents and their respective file
on this proposed action from persons
export SLABs; names posted to the Export/Import Web
(7) Submissions from transporters who export hazardous waste or CRTs
and those persons who receive imported site must clearly identify the type of
under 40 CFR part 263, or from document, EPA ID number of the
treatment, storage or disposal facilities hazardous waste, including those
persons receiving imported or exporting exporting or receiving facility, the
under 40 CFR parts 264 and 265, related consent number associated with the
to exports or imports of hazardous hazardous wastes managed under the
special management standards in 40 shipment, and the related shipment
waste, including but not limited to number (e.g., Shipment No. 1 out of an
receiving facility notices of the need to CFR part 266 (e.g., spent lead acid
batteries) and 40 CFR part 273 (e.g., expected 200 shipments for the consent
arrange alternate management or return number). We suggest the following
of an import shipment under 40 CFR universal waste batteries, universal
waste mercury lamps). standard nomenclature for file names:
264.12(a)(3) and 265.12(a)(3); and • Exporter confirmation of receipt:
(8) Documents related to the export E. Brief Description of This Proposal EX_Conf_Receipt_[EPA ID No.]_
and import of RCRA universal waste [Consent No.]_[Shipment No.]
1. Internet Posting of Confirmations of
under 40 CFR part 273, subparts B, C,
Receipt and Confirmations of Recovery • Exporter confirmation of recovery
D, and F. or disposal: EX_Conf_Recovery_[EPA ID
We propose to apply confidentiality or Disposal
No.]_[Consent No.]_[Shipment No.]
determinations such that no CBI claims EPA is proposing to modify the • Receiving facility confirmation of
may be asserted by any person with reporting and recordkeeping receipt: RF_Conf_Receipt_[EPA ID No.]_
respect to any of the aforementioned requirements for exporters of hazardous [Consent No.]_[Shipment No.]
documents related to the export, import, waste and receiving facilities of • Receiving facility confirmation of
and transit of hazardous waste and hazardous waste imports such that, recovery or disposal: RF_Conf_
export of excluded CRTs. EPA’s prior to the electronic import-export Recovery_[EPA ID No.]_[Consent No.]_
determination that revisions to the reporting compliance date to be [Shipment No.]
export/import regulations are needed is established in a future, separate Federal EPA requests comment on the
bolstered by the concerns and Register notice, they are required to recommended organizational aspects of
mstockstill on DSK3G9T082PROD with PROPOSALS
recommendations in both the 2013 maintain a single publicly accessible the Web site, and the proposed standard
Commission for Environmental Web site (herein referred to as the file name format, including whether the
Cooperation (CEC) report on export and ‘‘Export/Import Web site’’) where the proposed standard file name format
recycling of spent lead-acid batteries following documents will be posted: should be mandatory.
(SLABs) within North America Export confirmations of receipt; export EPA is proposing that the documents
(‘‘Hazardous Trade? An Examination of confirmations of recovery or disposal; posted to the Export/Import Web site
US-generated Spent Lead-acid Battery import confirmations of receipt; and must be publicly accessible on the Web
Exports and Secondary Lead Recycling import confirmations of recovery or site by the first of March of each year
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![85470 Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules
of hazardous wastes in foreign countries 40 CFR Part 262 265.71(d), and 267.71(d), whether
and better document proper Environmental protection, Hazardous submitted to EPA electronically or in
management of imported hazardous waste, Exports, Imports, Reporting and paper format.
wastes in the United States. recordkeeping requirements. (2) EPA will make any cathode ray
tube export documents prepared, used
H. Executive Order 13211: Actions 40 CFR Part 264 and submitted under §§ 261.39(a)(5) and
Concerning Regulations That 261.41(a) of this chapter, and any
Environmental protection, Hazardous
Significantly Affect Energy Supply, hazardous waste export, import, and
waste, Imports, Reporting and
Distribution, or Use transit documents prepared, used and
recordkeeping requirements.
submitted under §§ 262.82(c), 262.83,
This action is not subject to Executive 40 CFR Part 265 262.84, 264.12(a), 264.71(d), 265.12(a),
Order 13211, because it is not a 265.71(d), and 267.71(d) of this chapter
significant regulatory action under Environmental protection, Hazardous
waste, Imports, Reporting and available to the public under this
Executive Order 12866. section when these electronic or paper
recordkeeping requirements.
I. National Technology Transfer and documents are considered by EPA to be
40 CFR Part 267 releasable and final. These submitted
Advancement Act (NTTAA)
Environmental protection, Hazardous electronic and paper documents related
This rulemaking does not involve waste, Imports, Reporting and to hazardous waste exports, imports and
technical standards. recordkeeping requirements. transits and cathode ray tube exports are
Dated: October 28, 2016.
considered by EPA to be public
J. Executive Order 12898: Federal documents and are considered to be
Actions To Address Environmental Gina McCarthy,
final documents on March 1 of the
Justice in Minority Populations and Administrator. calendar year after the related cathode
Low-Income Populations For the reasons stated in the ray tube exports or hazardous waste
preamble, title 40, chapter 1 of the Code exports, imports, or transits were made.
The EPA believes that this action is of Federal Regulations is proposed to be
not subject to Executive Order 12898 (59 * * * * *
amended as follows.
FR 7629, February 16, 1994) because it
does not establish an environmental PART 262—STANDARDS APPLICABLE
PART 260—HAZARDOUS WASTE TO GENERATORS OF HAZARDOUS
health or safety standard. This action is MANAGEMENT SYSTEM: GENERAL
designed to increase the accessibility WASTE
and transparency of documentation of ■ 1. The authority citation for part 260 ■ 3. The authority citation for part 262
individual hazardous waste import and continues to read as follows: continues to read as follows:
export shipments. Authority: 42 U.S.C. 6905, 6912(a), 6921– Authority: 42 U.S.C 6906, 6912, 6922–
27, 6930, 6934, 6935, 6937, 6938, 6939, and 6925, 6937, and 6938.
K. Executive Order 13659: Streamlining
6974.
the Export/Import Process for America’s ■ 4. In § 262.83, as amended in a final
Businesses ■ 2. Amend § 260.2 by revising rule published elsewhere in this issue of
paragraph (b) and adding paragraph (d) the Federal Register and effective
Executive Order 13659, titled to read as follows: December 31, 2016, add paragraph (i)(4)
‘‘Streamlining the Export/Import to read as follows:
Process for America’s Businesses’’ (79 § 260.2 Availability of information;
confidentiality of information. § 262.83 Exports of hazardous waste.
FR 10657, February 25, 2014),
establishes federal executive policy on * * * * * * * * * *
improving the technologies, policies, (b) Except as provided under (i) * * *
and other controls governing the paragraphs (c) and (d) of this section, (4) Prior to the electronic import-
movement of goods across our national any person who submits information to export reporting compliance date, the
borders. This proposed action EPA in accordance with parts 260 exporter must post copies of the export
strengthens the accessibility and through 266 and 268 of this chapter may confirmations of receipt and
transparency of documentation by assert a claim of business confidentiality confirmations of recovery or disposal
requiring public internet posting of covering part or all of that information that the exporter receives to the
confirmation of receipt and by following the procedures set forth in exporter’s publicly accessible Web site
confirmation of recovery or disposal of § 2.203(b) of this chapter. Information (Export/Import Web site). The exporter’s
individual export and import shipments covered by such a claim will be Web site must be titled ‘‘Hazardous
of hazardous wastes prior to the future disclosed by EPA only to the extent, and Waste Export/Import Rule Compliance
electronic import-export reporting by means of the procedures, set forth in Documents.’’ The posted copies must be
compliance date EPA will establish in a part 2, Subpart B, of this chapter. clearly readable, read-only, publicly
separate Federal Register notice. Thus, * * * * * accessible, and downloadable, and the
this proposed action is consistent with (d)(1) After [final rule effective date], file names of each copy must clearly
the purpose of Executive Order 13659. no claim of business confidentiality may identify the document type, EPA ID
be asserted by any person with respect number of the facility, and consent
List of Subjects to information contained in cathode ray number associated with the shipment.
mstockstill on DSK3G9T082PROD with PROPOSALS
40 CFR Part 260 tube export documents prepared, used Each copy must be posted no later than
and submitted under §§ 261.39(a)(5) and by the first of March of each year and
Environmental protection, CRTs, 261.41(a) of this chapter, and with include all of the confirmations of
Exports, Hazardous materials respect to information contained in receipt and confirmations of recovery or
transportation, Hazardous waste, hazardous waste export, import, and disposal received by the exporter during
Imports, Labeling, Packaging and transit documents prepared, used and the previous calendar year. Each
containers, Reporting and recordkeeping submitted under §§ 262.82(c), 262.83, confirmation must be maintained on the
requirements, Transits. 262.84, 264.12(a), 264.71(d), 265.12(a), exporter’s Web site for at least three (3)
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![Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules 85471
years from the date it was initially must post copies of the import number associated with the shipment.
required to be posted. This requirement confirmations of receipt and Each copy must be posted no later than
to post these copies does not apply after confirmations of recovery or disposal by the first of March of each year and
the electronic import-export reporting that the facility sends to the foreign include all of the confirmations of
compliance date. exporter to the facility’s publicly receipt and confirmations of recovery or
■ 5. In § 262.84, as amended in a final accessible Web site (Export/Import Web disposal sent out by the receiving
rule published elsewhere in this issue of site). The receiving facility’s Web site facility during the previous calendar
the Federal Register and effective must be titled ‘‘Hazardous Waste year. Each confirmation must be
December 31, 2016, add paragraph (h)(5) Export/Import Rule Compliance maintained on the receiving facility’s
to read as follows: Documents.’’ The posted copies must be Web site for at least three (3) years from
clearly readable, read-only, publicly the date it was initially required to be
§ 262.84 Imports of hazardous waste.
accessible, and downloadable, and the posted. This requirement to post these
* * * * * file names of each copy must clearly copies does not apply after the
(h) * * * identify the document type, EPA ID electronic import-export reporting
(5) Prior to the electronic import- number of the facility, and consent compliance date.
export reporting compliance date, the number associated with the shipment.
receiving facility must post copies of the Each copy must be posted no later than PART 267—STANDARDS FOR
import confirmations of receipt and by the first of March of each year and OWNERS AND OPERATORS OF
confirmations of recovery or disposal include all of the confirmations of HAZARDOUS WASTE FACILITIES
that the receiving facility sends to the receipt and confirmations of recovery or OPERATING UNDER A
foreign exporter to the receiving disposal sent out by the receiving STANDARDIZED PERMIT
facility’s publicly accessible Web site facility during the previous calendar
(Export/Import Web site). The receiving year. Each confirmation must be ■ 9. The authority citation for part 267
facility’s Web site must be titled maintained on the receiving facility’s continues to read as follows:
‘‘Hazardous Waste Export/Import Rule Web site for at least three (3) years from Authority: 42 U.S.C. 6902, 6912(a), 6924–
Compliance Documents.’’ The posted the date it was initially required to be 6926, and 6930.
copies must be clearly readable, read- posted. This requirement to post these
only, publicly accessible, and copies does not apply after the ■ 10. Amend § 267.71 by adding
downloadable, and the file names of electronic import-export reporting paragraph (e) as follows:
each copy must clearly identify the compliance date.
document type, EPA ID number of the § 267.71 Use of the manifest system.
facility, and consent number associated PART 265—INTERIM STATUS * * * * *
with the shipment. Each copy must be STANDARDS FOR OWNERS AND (e) Prior to the electronic import-
posted no later than by the first of OPERATORS OF HAZARDOUS WASTE export reporting compliance date, the
March of each year and include all of TREATMENT, STORAGE, AND facility that receives hazardous waste
the confirmations of receipt and DISPOSAL FACILITIES subject to 40 CFR part 262, subpart H
confirmations of recovery or disposal from a foreign source must post copies
sent out by the receiving facility during ■ 8. The authority citation for part 265
continues to read as follows: of the import confirmations of receipt
the previous calendar year. Each and confirmations of recovery or
confirmation must be maintained on the Authority: 42 U.S.C. 6905, 6906, 6912, disposal that the facility sends to the
receiving facility’s Web site for at least 6922, 6923, 6924, 6925, 6935, 6936, and
6937.
foreign exporter to the facility’s publicly
three (3) years from the date it was accessible Web site (Export/Import Web
initially required to be posted. This ■ 9. Amend 265.74 by adding paragraph site). The receiving facility’s Web site
requirement to post these copies does (d) to read as follows: must be titled ‘‘Hazardous Waste
not apply after the electronic import- Export/Import Rule Compliance
§ 265.74 Availability, retention, and
export reporting compliance date. Documents.’’ The posted copies must be
disposition of records.
* * * * * clearly readable, read-only, publicly
PART 264—STANDARDS FOR accessible, and downloadable, and the
OWNERS AND OPERATORS OF (d) Prior to the electronic import-
export reporting compliance date, the file names of each copy must clearly
HAZARDOUS WASTE TREATMENT, identify the document type, EPA ID
STORAGE, AND DISPOSAL owner or operator of a facility that is
arranging or has arranged to receive number of the facility, and consent
FACILITIES number associated with the shipment.
hazardous waste subject to 40 CFR part
■ 6. The authority citation for part 264 262, subpart H from a foreign source Each copy must be posted no later than
continues to read as follows: must post copies of the import by the first of March of each year and
Authority: 42 U.S.C. 6905, 6912(a), 6924, confirmations of receipt and include all of the confirmations of
and 6925. confirmations of recovery or disposal receipt and confirmations of recovery or
that the facility sends to the foreign disposal sent out by the receiving
■ 7. Amend 264.74 by adding paragraph facility during the previous calendar
(d) to read as follows: exporter to the facility’s publicly
accessible Web site (Export/Import Web year. Each confirmation must be
§ 264.74 Availability, retention, and site). The receiving facility’s Web site maintained on the receiving facility’s
mstockstill on DSK3G9T082PROD with PROPOSALS
disposition of records. must be titled ‘‘Hazardous Waste Web site for at least three (3) years from
* * * * * Export/Import Rule Compliance the date it was initially required to be
(d) Prior to the electronic import- Documents.’’ The posted copies must be posted. This requirement to post these
export reporting compliance date, the clearly readable, read-only, publicly copies does not apply after the
owner or operator of a facility that is accessible, and downloadable, and the electronic import-export reporting
arranging or has arranged to receive file names of each copy must clearly compliance date.
hazardous waste subject to 40 CFR part identify the document type, EPA ID [FR Doc. 2016–27431 Filed 11–25–16; 8:45 am]
262, subpart H from a foreign source number of the facility, and consent BILLING CODE 6560–50–P
VerDate Sep<11>2014 16:30 Nov 25, 2016 Jkt 241001 PO 00000 Frm 00024 Fmt 4702 Sfmt 9990 E:\FR\FM\28NOP1.SGM 28NOP1](https://thefederalregister.org/doc/81_FR_85687/page/13.svg)
Document Created: 2018-02-14 08:35:45
Document Modified: 2018-02-14 08:35:45
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before January 27, 2017. Under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of your comments on or before December 28, 2016. | |
| 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: [email protected] | |
| FR Citation | 81 FR 85459 | |
| RIN Number | 2050-AG90 | |
| CFR Citation | 40
CFR
260 40 CFR 262 40 CFR 264 40 CFR 265 40 CFR 267 | |
| CFR Associated | Environmental Protection; Crts; Exports; Hazardous Materials Transportation; Hazardous Waste; Imports; Labeling; Packaging and Containers; Reporting and Recordkeeping Requirements and Transits |
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