82 FR 41015 - AES Filing Compliance Date for Hazardous Waste Exports

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 166 (August 29, 2017)

Page Range		41015-41016
FR Document		2017-18285

This action announces that the Automated Export System (AES) filing compliance date for export shipments of hazardous waste and certain other materials is December 31, 2017. Under the ``Hazardous Waste Export-Import Revisions'' final rule published on November 28, 2016, that became effective on December 31, 2016, Environmental Protection Agency (EPA) provided flexibility to the regulated community by establishing a transition period prior to the required filing of EPA information into the AES for these export shipments. EPA had stated in the final rule that during the transition period, either paper processes or electronic processes at the port could be used until a future AES filing compliance date, which would be announced in a separate Federal Register action. EPA is making this announcement of the AES filing compliance date of December 31, 2017 in this action. On or after this AES filing compliance date, all exporters of manifested hazardous waste, universal waste, and spent lead-acid batteries for recycling or disposal, and all exporters of cathode ray tubes for recycling will be required to file EPA information in the AES or AESDirect for each export shipment. Paper processes will no longer be allowed on or after the compliance date.

Federal Register, Volume 82 Issue 166 (Tuesday, August 29, 2017)

[Federal Register Volume 82, Number 166 (Tuesday, August 29, 2017)]
[Notices]
[Pages 41015-41016]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18285]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2015-0147; FRL-9966-76-OLEM]


AES Filing Compliance Date for Hazardous Waste Exports

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of announcement of compliance date.

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SUMMARY: This action announces that the Automated Export System (AES) 
filing compliance date for export shipments of hazardous waste and 
certain other materials is December 31, 2017. Under the ``Hazardous 
Waste Export-Import Revisions'' final rule published on November 28, 
2016, that became effective on December 31, 2016, Environmental 
Protection Agency (EPA) provided flexibility to the regulated community 
by establishing a transition period prior to the required filing of EPA 
information into the AES for these export shipments. EPA had stated in 
the final rule that during the transition period, either paper 
processes or electronic processes at the port could be used until a 
future AES filing compliance date, which would be announced in a 
separate Federal Register action. EPA is making this announcement of 
the AES filing compliance date of December 31, 2017 in this action. On 
or after this AES filing compliance date, all exporters of manifested 
hazardous waste, universal waste, and spent lead-acid batteries for 
recycling or disposal, and all exporters of cathode ray tubes for 
recycling will be required to file EPA information in the AES or 
AESDirect for each export shipment. Paper processes will no longer be 
allowed on or after the compliance date.

DATES: The AES filing compliance date is December 31, 2017.

ADDRESSES: The EPA established a docket for the ``Hazardous Waste 
Export-Import Revisions'' under Docket ID No. EPA-HQ-RCRA-2015-0147, 
which includes this announcement. All documents in the docket are 
listed on the https://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available electronically 
through https://www.regulations.gov.

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; fax number: 
703-308-0514; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 28, 2016, EPA finalized revisions to the Resource 
Conservation and Recovery Act (RCRA) regulations governing imports and 
exports of hazardous waste and certain other materials in 40 CFR part 
262 (81 FR 85696). These revisions included a stepwise conversion from 
a paper process for export shipments at the port to an electronic 
process to fulfill the direction set forth in Executive Order 13659 
concerning the electronic management of international trade data by the 
U.S. Government as part of the International Trade Data System (ITDS).
    Under Executive Order 13659, agencies were required to have 
capabilities, agreements, and other requirements in place by December 
31, 2016, to utilize the ITDS and supporting systems, such as the 
Automated Export System (AES) or its successor system, as the primary 
means of receiving from users the standard set of data and other 
relevant documentation (exclusive of applications for permits, 
licenses, or certifications) required for the release of imported cargo 
and clearance of cargo for export. The AES resides in the U.S. Customs 
and Border Protection's (CBP's) Automated Commercial Environment (ACE). 
With respect to RCRA waste exports subject to consent requirements, 
EPA's regulatory revisions and CBP's changes to AES were established to 
utilize electronic processes in AES, or its successor system, in place 
of existing paper processes at the port or border crossing required to 
clear export shipments for departure. Currently, exports of hazardous 
waste, including those eligible for the alternate management standards 
of 40 CFR part 273 (i.e., universal waste) or 40 CFR part 266 (e.g., 
spent lead acid batteries being shipped for recycling), and exports of 
cathode ray tubes for recycling are subject to RCRA consent 
requirements. EPA's final rule had allowed exporters to choose whether 
to follow the existing paper process or the new electronic procedure at 
the border during an initial transition period until the ``AES filing 
compliance date'' defined in 40 CFR 260.10, and to be announced in a 
future Federal Register action.
    With this announcement, starting on the AES filing compliance date 
of December 31, 2017, exporters or their authorized agents will no 
longer be able to use a paper process, and will have to file certain 
EPA data in the AES, or its successor system. The data they must file 
is set forth in 40 CFR 261.39(a)(5)(v)(B) for cathode ray tube exports 
and in 40 CFR 262.83(a)(6)(ii) for hazardous waste exports. A detailed 
description of the electronic process is available in Section III.B of 
the ``Hazardous Waste Export-Import Revisions'' (81 FR 85696, November 
28, 2016) final rule.

II. EPA Outreach

    EPA has held three webinars for exporters on how to file the EPA

[[Page 41016]]

information in AES on January 18, 2017, May 8, 2017, and June 5, 2017. 
In the May and June webinars, EPA stated that the transition period 
would end no later than December 31, 2017. Materials and recordings of 
the May and June webinars are available at https://clu-in.org/conf/tio/AESExporters_050817/ and https://clu-in.org/conf/tio/AESExporters_060517/, respectively. EPA is also reaching out to 
individual exporters to ensure that all exporters with consent can 
successfully file the EPA information in AES for their export 
shipments.

    Dated: August 15, 2017.
Barry N. Breen,
Acting Assistant Administrator, Office of Land and Emergency 
Management.
[FR Doc. 2017-18285 Filed 8-28-17; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Notices 41015

Docket No. File date Presenter or requester

6. P–13318–000 .................................................................. 8–15–2017 FERC Staff 4
7. CP16–454–000, CP16–455–000 ..................................... 8–16–2017 FERC Staff 5
8. CP17–80–000 .................................................................. 8–17–2017 FERC Staff 6
9. CP15–93–000 .................................................................. 8–18–2017 State of Ohio Lieutenant Governor, Mary Taylor.
1 Two letters have been sent to FERC Commissioners and staff under this docket number.
2 Ranking Members Frank Pallone, Jr. and Maria Cantwell.
3 Senators James M. Inhofe and James Lankford. House Representatives Markwayne Mullin and Jim Bridestine.
4 Email dated August 14, 2017 with Daniel Blake from U.S Fish and Wildlife Service.
5 Conference Call Notes for call on August 15, 2017 with U.S. Department of Transportation’s Pipeline and Hazardous Material Safety Adminis-
tration and Rio Grande LNG, LLC’s contractor CH•IV International.
6 Email dated August 11, 2017 with Tonya Tipton from Shawnee Tribe.

Dated: August 23, 2017. The AES filing compliance date
DATES: System (AES) or its successor system, as
Nathaniel J. Davis, Sr., is December 31, 2017. the primary means of receiving from
Deputy Secretary. ADDRESSES: The EPA established a users the standard set of data and other
[FR Doc. 2017–18246 Filed 8–28–17; 8:45 am] docket for the ‘‘Hazardous Waste relevant documentation (exclusive of
BILLING CODE 6717–01–P Export-Import Revisions’’ under Docket applications for permits, licenses, or
ID No. EPA–HQ–RCRA–2015–0147, certifications) required for the release of
which includes this announcement. All imported cargo and clearance of cargo
ENVIRONMENTAL PROTECTION documents in the docket are listed on for export. The AES resides in the U.S.
AGENCY the https://www.regulations.gov Web Customs and Border Protection’s (CBP’s)
site. Although listed in the index, some Automated Commercial Environment
[EPA–HQ–RCRA–2015–0147; FRL–9966–76– (ACE). With respect to RCRA waste
OLEM]
information is not publicly available,
e.g., CBI or other information whose exports subject to consent requirements,
disclosure is restricted by statute. EPA’s regulatory revisions and CBP’s
AES Filing Compliance Date for
Certain other material, such as changes to AES were established to
Hazardous Waste Exports
copyrighted material, is not placed on utilize electronic processes in AES, or
AGENCY: Environmental Protection the Internet and will be publicly its successor system, in place of existing
Agency (EPA). available only in hard copy form. paper processes at the port or border
ACTION: Notice of announcement of Publicly available docket materials are crossing required to clear export
compliance date. available electronically through https:// shipments for departure. Currently,
www.regulations.gov. exports of hazardous waste, including
SUMMARY: This action announces that those eligible for the alternate
the Automated Export System (AES) FOR FURTHER INFORMATION CONTACT:
management standards of 40 CFR part
filing compliance date for export Laura Coughlan, Materials Recovery and 273 (i.e., universal waste) or 40 CFR part
shipments of hazardous waste and Waste Management Division, Office of 266 (e.g., spent lead acid batteries being
certain other materials is December 31, Resource Conservation and Recovery shipped for recycling), and exports of
2017. Under the ‘‘Hazardous Waste (5304P), Environmental Protection cathode ray tubes for recycling are
Export-Import Revisions’’ final rule Agency, 1200 Pennsylvania Avenue subject to RCRA consent requirements.
published on November 28, 2016, that NW., Washington, DC 20460; telephone EPA’s final rule had allowed exporters
became effective on December 31, 2016, number: (703) 308–0005; fax number: to choose whether to follow the existing
Environmental Protection Agency (EPA) 703–308–0514; email address: paper process or the new electronic
provided flexibility to the regulated coughlan.laura@epa.gov. procedure at the border during an initial
community by establishing a transition SUPPLEMENTARY INFORMATION: transition period until the ‘‘AES filing
period prior to the required filing of compliance date’’ defined in 40 CFR
EPA information into the AES for these I. Background
260.10, and to be announced in a future
export shipments. EPA had stated in the On November 28, 2016, EPA finalized Federal Register action.
final rule that during the transition revisions to the Resource Conservation With this announcement, starting on
period, either paper processes or and Recovery Act (RCRA) regulations the AES filing compliance date of
electronic processes at the port could be governing imports and exports of December 31, 2017, exporters or their
used until a future AES filing hazardous waste and certain other authorized agents will no longer be able
compliance date, which would be materials in 40 CFR part 262 (81 FR to use a paper process, and will have to
announced in a separate Federal 85696). These revisions included a file certain EPA data in the AES, or its
Register action. EPA is making this stepwise conversion from a paper successor system. The data they must
announcement of the AES filing process for export shipments at the port file is set forth in 40 CFR
compliance date of December 31, 2017 to an electronic process to fulfill the 261.39(a)(5)(v)(B) for cathode ray tube
in this action. On or after this AES filing direction set forth in Executive Order exports and in 40 CFR 262.83(a)(6)(ii)
compliance date, all exporters of 13659 concerning the electronic for hazardous waste exports. A detailed
manifested hazardous waste, universal management of international trade data description of the electronic process is
waste, and spent lead-acid batteries for by the U.S. Government as part of the
sradovich on DSK3GMQ082PROD with NOTICES

available in Section III.B of the
recycling or disposal, and all exporters International Trade Data System (ITDS). ‘‘Hazardous Waste Export-Import
of cathode ray tubes for recycling will Under Executive Order 13659, Revisions’’ (81 FR 85696, November 28,
be required to file EPA information in agencies were required to have 2016) final rule.
the AES or AESDirect for each export capabilities, agreements, and other
shipment. Paper processes will no requirements in place by December 31, II. EPA Outreach
longer be allowed on or after the 2016, to utilize the ITDS and supporting EPA has held three webinars for
compliance date. systems, such as the Automated Export exporters on how to file the EPA

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41016 Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Notices

information in AES on January 18, 2017, Friday, from 9 a.m. to 3 p.m., excluding Emission Defect Information Reports
May 8, 2017, and June 5, 2017. In the Federal holidays. If you wish to and Voluntary Emission Recall Reports
May and June webinars, EPA stated that examine these documents, you should (EPA ICR Number 0282.17, OMB
the transition period would end no later make an appointment at least 24 hours Control Number 2060–0048) to the
than December 31, 2017. Materials and before the visiting day. Additionally, the Office of Management and Budget
recordings of the May and June final Order is available electronically at: (OMB) for review and approval in
webinars are available at https://clu- https://www.epa.gov/sites/production/ accordance with the Paperwork
in.org/conf/tio/AESExporters_050817/ files/2017-04/documents/chevron_ Reduction Act. This is a proposed
and https://clu-in.org/conf/tio/ response2016_0.pdf. extension of the ICR, which is currently
AESExporters_060517/, respectively. FOR FURTHER INFORMATION CONTACT: approved through August 31, 2017.
EPA is also reaching out to individual Laura Yannayon, EPA Region IX, (415) Public comments were previously
exporters to ensure that all exporters 972–3534, yannayon.laura@epa.gov. requested via the Federal Register (82
with consent can successfully file the SUPPLEMENTARY INFORMATION:
FR 29544) on June 29, 2017 during a 60-
EPA information in AES for their export SJVUAPCD Rule 2201 affords the EPA a day comment period. This notice allows
shipments. 45-day period to review and object to, for an additional 30 days for public
Dated: August 15, 2017. as appropriate, a proposed permit. Rule comments. A fuller description of the
2201 § 5.9.1. If the EPA does not object, ICR is given below, including its
Barry N. Breen,
Rule 2201 allows any person to petition estimated burden and cost to the public.
Acting Assistant Administrator, Office of An Agency may not conduct or sponsor
Land and Emergency Management. the EPA, within 60 days, to object to the
and a person is not required to respond
[FR Doc. 2017–18285 Filed 8–28–17; 8:45 am] proposed permit. Petitions must be
to a collection of information unless it
based only on objections to the permit
BILLING CODE 6560–50–P displays a currently valid OMB control
that were raised with reasonable
number.
specificity during the public comment
DATES: Additional comments may be
ENVIRONMENTAL PROTECTION period, unless the petitioner
demonstrates that it was impracticable submitted on or before September 28,
AGENCY
to raise these issues during the comment 2017.
[FRL–9966–77-Region 9] ADDRESSES: Submit your comments,
period, or the grounds for the issue
arose after this period. referencing Docket ID Number EPA–
Clean Air Act Operating Permit
The EPA received the Petition dated HQ–OAR–2013–0246, to (1) EPA online
Program; Petition for Objection To
July 7, 2016, requesting that the EPA using www.regulations.gov (our
Proposed Permit for Chevron USA
object to the proposed issuance of the preferred method), by email to a-and-r-
Inc.—7Z Steam Plant, San Joaquin
Permit to Chevron USA Inc., for Docket@epa.gov, or by mail to: EPA
Valley Unified Air Pollution Control
modifications to its 7Z Steam Plant, Docket Center, Environmental
District
located in Kern County, California. In Protection Agency, Mail Code 28221T,
AGENCY: Environmental Protection summary, the Petition claimed that 1200 Pennsylvania Ave. NW.,
Agency (EPA). certain emission reduction credits used Washington, DC 20460, and (2) OMB via
ACTION: Notice of final action. in the permitting process were invalid. email to oira_submission@omb.eop.gov.
On April 24, 2017, the Administrator Address comments to OMB Desk Officer
SUMMARY: This document announces issued an order denying the Petition. for EPA.
that the Environmental Protection The EPA’s rationale for denying the EPA’s policy is that all comments
Agency (EPA) Administrator has claims raised in the petition are received will be included in the public
responded to a citizen petition asking described in the Order. docket without change including any
the EPA to object to the proposed personal information provided, unless
Dated: August 11, 2017.
issuance of an Authority to Construct/ the comment includes profanity, threats,
Alexis Strauss,
Certificate of Conformity (Permit) issued information claimed to be Confidential
Acting Regional Administrator, Region IX. Business Information (CBI) or other
by the San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD). [FR Doc. 2017–18286 Filed 8–28–17; 8:45 am] information whose disclosure is
Specifically, the Administrator has BILLING CODE 6560–50–P restricted by statute.
denied the July 7, 2016 petition FOR FURTHER INFORMATION CONTACT:
(Petition), submitted by the Climate Nydia Reyes-Morales, Office of
Change Law Foundation, Association of ENVIRONMENTAL PROTECTION Transportation and Air Quality, Mail
Irritated Residents, Center for Biological AGENCY Code 6405J, Environmental Protection
Diversity, and Sierra Club to object to [EPA–HQ–OAR–2013–0246; FRL–9967–02– Agency, 1200 Pennsylvania Ave. NW.,
SJVUAPCD’s proposed issuance of the OEI] Washington, DC 20460; telephone
Permit for the Chevron USA Inc.—7Z number: 202–343–9264; fax number:
Steam Plant in Kern County, California. Information Collection Request 202–343–2804; email address: reyes-
ADDRESSES: Copies of the final Order,
Submitted to OMB for Review and morales.nydia@epa.gov.
the Petition, and other supporting Approval; Comment Request; Engine SUPPLEMENTARY INFORMATION:
information is available electronically at Emission Defect Information Reports Supporting documents, which explain
the following Web site: https:// and Voluntary Emission Recall Reports in detail the information that the EPA
(Renewal) will be collecting, are available in the
sradovich on DSK3GMQ082PROD with NOTICES

www.epa.gov/title-v-operating-permits/
title-v-petition-database. AGENCY: Environmental Protection public docket for this ICR. The docket
The EPA requests that you contact the Agency (EPA). can be viewed online at
individual listed in the FOR FURTHER ACTION: Notice. www.regulations.gov or in person at the
INFORMATION CONTACT section to view EPA Docket Center, WJC West, Room
copies of the final Order, Petition, and SUMMARY: The Environmental Protection 3334, 1301 Constitution Ave. NW.,
other supporting information. You may Agency has submitted an information Washington, DC. The telephone number
view the hard copies Monday through collection request (ICR), Engine for the Docket Center is 202–566–1744.

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Document Created: 2017-08-29 01:57:49
Document Modified: 2017-08-29 01:57:49

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		Notices
Action		Notice of announcement of compliance date.
Dates		The AES filing compliance date is December 31, 2017.
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; fax number:
FR Citation		82 FR 41015