15336 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 

Dated: March 8, 2012. 

Cynthia C. Dougherty, 

Director, Office of Ground Water and Drinking 

Water. 

[FR Doc. 2012–6049 Filed 3–14–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

4O CFR Parts 260 and 261 

[EPA–HQ–RCRA–2011–1014, FRL–9646–4] 

RIN 2050–AG68 

Revision to the Export Provisions of 

the Cathode Ray Tube (CRT) Rule 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is 

proposing to revise certain export 

provisions of the cathode ray tube (CRT) 

final rule published on July 28, 2006 (71 

FR 42928). The proposed revisions will 

allow the Agency to better track exports 

of CRTs for reuse and recycling. 

Additionally, EPA would gather more 

information on shipments of CRTs that 

are sent for reuse. 

DATES: Comments must be received on 

or before May 14, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

RCRA–2011–1014 by one of the 

following methods: 

www.regulations.gov: Follow the online instructions for submitting 

comments. 

Email: Comments may be sent by 

electronic mail (email) to RCRAdocket@epa.gov, Attention Docket ID 

No. EPA–HQ–RCRA–2011–1014. 

Fax: Fax comments to: 202–566–9744, 

Attention Docket ID No. EPA–HQ– 

RCRA–2011–1014. 

Mail: Send comments to: OSWER 

Docket, EPA Docket Center, Mail Code 

5305T, Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460, Attention 

Docket ID No. EPA–HQ–RCRA–2011– 

1014. Please include two copies of your 

comments. In addition, please mail a 

copy of your comments on the 

information collection provisions to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (OMB), Attn: Desk Officer for 

EPA, 725 17th St., Washington, DC 

20503. 

Hand delivery: Deliver two copies of 

your comments to: Environmental 

Protection Agency, EPA Docket Center, 

Room 3334, 1301 Constitution Avenue 

NW., Washington, DC, Attention Docket 

ID No. EPA–HQ–RCRA–2011–1014. 

Such deliveries are only accepted 

during the docket’s normal hours of 

operation and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID Number EPA–HQ–RCRA– 

2011–1014. EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at www.

regulations.gov, including any personal 

information provided, unless the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, such as CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically at www.regulations.gov or 

in hard copy at the OSWER Docket, 

EPA/DC, EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m. Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744 

and the telephone number for the 

OSWER Docket is (202) 566–0270. 

FOR FURTHER INFORMATION CONTACT: For 

more detailed information on specific 

aspects of this rulemaking, contact 

Marilyn Goode, Office of Resource 

Conservation and Recovery, Materials 

Recovery and Waste Management 

Division, MC 5304P, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460, (703) 

308–8800, (goode.marilyn@epa.gov). 

SUPPLEMENTARY INFORMATION: 

Does this action apply to me? 

Entities potentially affected by today’s 

action include all persons who export 

used cathode ray tubes (CRTs) and CRT 

glass for reuse or recycling. This action 

does not affect households or 

conditionally exempt small quantity 

generators (CESQGs). Annual costs to 

CRT exporters and EPA for the reporting 

and recordkeeping requirements range 

from $7,300 to $11,500 per year. 

More detailed information on the 

potentially affected entities, industries, 

and industrial materials, as well as the 

economic impacts of this proposed rule, 

is presented in Section VIII of this 

preamble and in the Regulatory Impact 

Analysis available in the docket for this 

proposal. 

What To Consider When Preparing 

Comments for EPA 

Submitting CBI. Do not submit this 

information to EPA through www.

regulations.gov or email. Clearly mark 

all information that you claim to be CBI. 

For CBI information in a disk or CD– 

ROM that you mail to EPA, mark the 

outside of the disk or CD–ROM as CBI 

and then identify electronically within 

the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed, except in accordance with 

procedures set forth in 40 CFR part 2. 

Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions. The Agency may 

ask for commenters to respond to 

specific questions or organize comments 

by referencing a Code of Federal 

Regulations (CFR) part or section 

number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 


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• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If estimating burden or costs, 

explain methods used to arrive at the 

estimate in sufficient detail to allow for 

it to be reproduced. 

• Provide specific examples to 

illustrate any concerns and suggest 

alternatives. 

• Make sure to submit comments by 

the comment period deadline identified 

above. 

Preamble Outline 

I. Statutory Authority 

II. List of Abbreviations and Acronyms 

III. What is the intent of this proposal? 

IV. What is the scope of this proposal? 

V. Background 

VI. Proposed Changes to the CRT Rule 

VII. State Authorization 

VIII. Administrative Requirements for This 

Rulemaking 

I. Statutory Authority 

These regulations are proposed under 

the authority of sections 2002(a), 3001, 

3002, 3004, and 3006 of the Solid Waste 

Disposal Act of 1970, as amended by the 

Resource Conservation and Recovery 

Act of 1976 (RCRA), as amended by the 

Hazardous and Solid Waste 

Amendments of 1984 (HSWA), 42 

U.S.C. 3007, 6912(a), 6921, 6922, 6924, 

6926, 6927, and 6938. 

II. List of Abbreviations and Acronyms 

CRT—Cathode Ray Tube 

CFR—Code of Federal Regulations 

EPA—Environmental Protection Agency 

RCRA—Resource Conservation and Recovery 

Act 

RIA—Regulatory Impact Analysis 

III. What is the intent of this proposal? 

Today’s proposal would revise the 

conditional exclusions from the 

Resource Conservation and Recovery 

Act (RCRA) regulations that apply to 

persons who export cathode ray tubes 

(CRTs) for reuse or recycling. The 

existing requirements were first 

promulgated on July 28, 2006 (71 FR 

42928). Since promulgation of these 

requirements, the Agency has realized 

the necessity of obtaining additional 

information on the export of this class 

of used electronics to better ensure their 

proper management. This notice is 

intended to propose changes to 

accomplish that goal. 

IV. What is the scope of this proposal? 

Today’s proposal would affect only 

the export provisions of the CRT rule, 

and would not affect any requirements 

applicable to the domestic management 

of used CRTs. In this notice, EPA is 

proposing to add a definition of ‘‘CRT 

exporter’’ to the CRT rule. This 

proposed definition is consistent with 

the intent of the original CRT rule, 

which was to ensure that EPA received 

proper notification of all shipments of 

CRTs exported for reuse or recycling. 

We are also proposing to revise the 

notifications that must be submitted to 

EPA when CRTs are exported for reuse 

or recycling, and to require annual 

reports from exporters of CRTs for 

recycling. These proposed changes are 

described in section VI of this preamble. 

EPA is seeking comment only on the 

changes proposed today, and is not 

reopening any other part of the rule for 

comment. 

V. Background 

The Agency promulgated the CRT 

rule on July 28, 2006 (71 FR 42928). In 

that rule, EPA amended its regulations 

under RCRA to streamline the 

management requirements for used 

CRTs in an effort to encourage recycling 

and reuse of these materials rather than 

landfilling or possible incineration. The 

scope of the rule encompassed both 

used, intact CRTs and used, broken 

CRTs (i.e., glass that has been removed 

from its housing or casing with its 

vacuum released). Specifically, under 

40 CFR 261.39, these materials are 

excluded from the definition of solid 

waste if certain conditions are met, 

including: (1) Used CRTs (intact or 

broken) sent for reuse and recycling are 

subject to the speculative accumulation 

requirements of 40 CFR 261.1(c)(8); (2) 

used, broken CRTs and CRT glass 

processors are subject to packaging and 

labeling requirements; and (3) CRT glass 

processors may not use temperatures 

high enough to volatilize lead. Persons 

who send CRTs for disposal are not 

eligible for the exclusion at 40 CFR 

261.39, and may be required to handle 

their CRTs as hazardous waste from the 

point of generation, including the 

requirement to file a hazardous waste 

export notice under 40 CFR part 262 

and the requirement to send the CRTs 

to a Subtitle C landfill. 

In addition to these domestic 

requirements, the CRT rule also 

contains requirements at 40 CFR 

261.39(a)(5) for used CRTs (intact or 

broken) exported for recycling. In order 

for these CRTs to be excluded from the 

definition of solid waste, the exporter 

must meet certain conditions. In 

particular, exporters of used CRTs for 

recycling must notify EPA of an 

intended shipment 60 days before the 

shipment occurs. Notifications may 

cover exports extending over a 12- 

month or shorter period. The 

notification must include contact 

information about the exporter, the 

recycler, and an alternate recycler, as 

well as a description of the manner in 

which the CRTs will be recycled, 

frequency and rate of export, means of 

transport, total quantity of CRTs to be 

shipped, and information about which 

transit countries the shipments will pass 

through. 

When EPA receives this information, 

it notifies the receiving country and any 

transit countries. When the receiving 

country consents in writing to receive 

the CRTs, EPA forwards an 

Acknowledgement of Consent (AOC) to 

the exporter. The exporter may not ship 

the CRTs until he receives the AOC. If 

the receiving country does not consent 

or withdraws a prior consent, EPA will 

notify the exporter in writing, and the 

exporter may not allow any shipments 

or further shipments to proceed. 

Exporters must keep copies of 

notifications and AOCs for three years 

following receipt of the consent. 

Consent is not required from transit 

countries, but EPA notifies the exporter 

of any responses from these countries. 

Under 40 CFR 261.39(c), processed glass 

(i.e., glass that has been sorted or 

otherwise managed pursuant to the 

definition of ‘‘CRT processing’’ in 40 

CFR 260.10) is subject only to the 

speculative accumulation requirements 

and exporters of such materials are not 

subject to the export notice 

requirements of 40 CFR 261.39(a)(5). 

With respect to used intact CRTs that 

are exported for reuse, 40 CFR 261.41 

requires exporters to submit a one-time 

notification to EPA with contact 

information and a statement that they 

are exporting the CRTs for reuse. They 

must keep copies of normal business 

records demonstrating that each 

shipment will be reused. Records must 

be retained for three years from the date 

of export. Examples of normal business 

records include contracts, invoices, 

shipping documents, and other 

documents that identify the planned 

disposition of the materials. 

Since promulgation of the CRT rule in 

2006, exports of CRTs, whether for reuse 

or recycling, have continued. As EPA 

implemented the rule, it became 

apparent that additional information is 

needed from the CRT exporter to better 

understand the flow of exported CRTs 

in order to ensure better management of 

these materials. To address this issue, 

EPA is today proposing certain changes 

to the CRT rule, which are explained in 

section VI below. 

VI. Proposed Changes to the CRT Rule 

A. Definition of ‘‘CRT Exporter’’ 

In the preamble to the final CRT rule, 

the Agency stated that ‘‘persons taking 


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advantage of the exclusion that fail to 

meet one or more of its conditions may 

be subject to enforcement action and the 

CRTs may be considered to be 

hazardous waste from the point of their 

generation. EPA could choose to bring 

an enforcement action under RCRA 

Section 3008(a) for all violations of the 

hazardous waste requirements occurring 

from the time a decision was made to 

recycle or dispose of the CRTs, through 

the time they are finally disposed of or 

reclaimed. EPA believes that this 

approach, which treats CRTs exhibiting 

a hazardous waste characteristic that do 

not conform to the conditions of the 

exclusion as hazardous waste from their 

point of generation, provides all 

handlers with an incentive to handle the 

CRTs consistent with the conditions. It 

also encourages each person to take 

appropriate steps to ensure that CRTs 

are safely handled and legitimately 

reused or recycled by others in the 

management chain’’ (71 FR 42928 at 

42943). 

When used CRTs are exported for 

recycling or reuse, there may be several 

persons involved from the time that a 

decision is made to export these 

materials up to the time that the actual 

export occurs. The trade in used 

electronics can take place along a chain 

of businesses that collect, refurbish, 

dismantle, recycle, and reprocess used 

electronic products and their 

components. For example, a state (e.g., 

Texas or Wisconsin) may contract with 

recycling facilities to collect and recycle 

used electronics, including used CRTs. 

The recycling facilities may separate out 

equipment that can be reused, while 

unusable equipment is disassembled, 

sorted, and shredded. The reusable 

equipment may be sold or donated 

domestically or exported, sometimes 

through a broker. If recycling occurs, 

various component parts may be sent to 

subcontractors for further processing 

and returned to the manufacturing 

stream. Some of the processing (e.g., 

circuit boards, plastics) is performed 

abroad. For example, CRT glass may be 

cleaned and sorted in Mexico and then 

sent to India where it is made back into 

new CRTs. 

If an exporter of used CRTs for 

recycling did not fulfill the export 

notice provisions of the CRT rule by 

notifying EPA, the receiving country 

would not receive notice that these 

materials were entering the country, and 

would be unable to provide consent. 

Similarly, if an exporter of used, intact 

CRTs filed a one-time reuse notice, but 

the CRTs were not functional and were 

subsequently recycled or even disposed, 

then EPA might rely on this 

mischaracterization without giving the 

receiving country the opportunity to 

consent to the shipments. In both of 

these situations, the competent 

authorities in the receiving countries 

would find it difficult to determine 

whether the imported CRTs were 

properly managed. Under the current 

EPA interpretation, intermediaries who 

participated in arranging for the CRT 

exports, as well as the actual entities 

that sent the CRT exports, may be liable 

under RCRA for exporting hazardous 

waste in violation of hazardous waste 

export requirements if they fail to fulfill 

the notice requirements, among other 

conditions, of the CRT rule. 

To eliminate any potential confusion 

over who is responsible for fulfilling 

CRT exporter duties, including 

submitting the export notices required 

under 40 CFR 261.39(a)(5) (for CRTs 

exported for recycling) and 40 CFR 

261.41 (for CRTs exported for reuse), the 

Agency is today proposing to add a 

definition of ‘‘CRT exporter’’ to 40 CFR 

260.10. The proposed definition states 

that a CRT exporter is ‘‘any person in 

the United States who initiates a 

transaction to send used CRTs outside 

the United States or its territories for 

recycling or reuse, or any intermediary 

in the United States arranging for such 

export.’’ The reference to ‘‘any 

intermediary’’ is modeled on the 

definition of ‘‘primary exporter’’ of 

hazardous waste in 40 CFR 260.10. As 

described above, there may be multiple 

parties who participate in deciding 

whether CRTs will be exported for 

recycling or reuse, and in arranging for 

the export of these materials. To avoid 

duplicative submissions, the Agency 

expects only one person to perform the 

exporter duties under 40 CFR 

261.39(a)(5) and 40 CFR 261.41 

(notifications to EPA, recordkeeping, 

and the annual reports that are proposed 

today and described below in this 

section of the preamble). However, all 

persons are jointly and severally liable 

for failing to comply with the exporter 

requirements. In other words, EPA has 

the authority to enforce the CRT rule 

export regulations against all persons 

associated with the export who meet the 

definition of ‘‘CRT exporter.’’ To avoid 

duplicative submittals, all relevant 

persons should assign these exporter 

responsibilities among themselves. This 

procedure is similar to the situation 

where several parties meet the RCRA 

definition of ‘‘generator’’ (see 45 FR 

72024, 72026, October 30, 1980). 

We are also proposing that the CRT 

exporter and any intermediary arranging 

for the export must be in the United 

States, because foreign-based entities 

add to the possibility of confusion over 

fulfilling the export responsibilities, and 

it is more difficult to establish EPA 

jurisdiction over such persons. 

EPA emphasizes that this proposed 

definition is consistent with the intent 

of the CRT rule. The Agency requests 

comment on any alternative regulatory 

changes which might better accomplish 

that intent. 

B. Proposed Changes to the Notification 

Required for Used CRTs Sent for 

Recycling 

The conditional exclusion in 40 CFR 

261.39(a)(5) require exporters to submit 

a notice to EPA when exporting used 

CRTs for recycling. EPA then forwards 

the notice to the receiving country to 

obtain the consent of that country. The 

notice submitted to EPA must contain, 

among other items of information, the 

estimated frequency or rate at which the 

CRTs are to be exported and the period 

of time over which they are to be 

exported. The notice must also contain 

the estimated total quantity of CRTs 

(specified in kilograms) that the 

exporter expects to ship during the 

following 12 months or lesser period. 

However, there is currently no 

requirement to subsequently report the 

quantity of CRTs that were actually 

exported during the time period 

specified in the notice. Without this 

information, the Agency is unable to 

determine the actual quantity of CRTs 

that are exported in a given year, either 

by a particular exporter or in total. The 

notification requirements for exporters 

of hazardous waste under 40 CFR part 

262 subparts E and H, for exporters of 

spent lead-acid batteries under 40 CFR 

266.80(a)(6), and for exporters of 

universal waste under 40 CFR 273.20 or 

273.40 all include a requirement to 

submit annual reports documenting the 

actual quantities of such materials that 

were exported. By reviewing annual 

reports, EPA can compare the amount of 

material that was actually exported to 

the estimates that were submitted earlier 

by these exporters when they provided 

the initial notification sent to the 

receiving country. 

Today the Agency is proposing to add 

a requirement (40 CFR 261.39(a)(5)(x)) 

to require annual reports from exporters 

of used CRTs sent for recycling. In 

general, these reports would provide 

EPA with more accurate information on 

the total quantity of CRTs exported for 

recycling during the calendar year, and 

would also help determine whether 

CRTs exported for recycling are handled 

as commodities and not discarded. 

Additionally, EPA would be able to 

analyze shipments from specific 

exporters by comparing actual 

shipments in the annual report against 

proposed shipments in the export notice 


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to ensure that the shipments occurred 

under the terms approved by the 

receiving country. Finally, these reports 

would enable EPA to provide receiving 

countries with information that may 

assist them in determining the quantity 

of CRTs that were received in a 

particular country for recycling. 

Under today’s proposal, the exporter 

must provide, no later than March 1 of 

each year, a report summarizing the 

quantities (in kilograms), frequency of 

shipment, and ultimate destination(s) 

(i.e., the facility or facilities where the 

recycling occurs) of all CRTs exported 

for recycling during the previous 

calendar year. Such reports must also 

include the name, EPA ID number (if 

applicable), mailing and site address of 

the CRT exporter, the calendar year 

covered by the report, and a certification 

signed by the exporter which states: ‘‘I 

certify under penalty of law that I have 

personally examined and am familiar 

with the information submitted in this 

and all attached documents, and that 

based on my inquiry of those 

individuals immediately responsible for 

obtaining the information, I believe that 

the submitted information is true, 

accurate, and complete. I am aware that 

there are significant penalties for 

submitting false information, including 

the possibility of fine and 

imprisonment.’’ Under today’s proposal, 

the annual reports would be submitted 

to the same EPA office to which the 

original notices were sent. Exporters 

would be required to keep copies of 

annual reports for a period of at least 

three years from the due date of the 

report. 

The Agency solicits comment on 

whether requiring such a report is 

sufficient to determine the actual 

quantity of CRTs that are exported in a 

given year. We also request comment on 

whether additional information is 

needed to accomplish this goal, and on 

whether the goal could be accomplished 

with less information, or in some other 

manner than an annual report. 

EPA is today proposing one other 

change to the notice required for CRTs 

exported for recycling. The current 

notice (40 CFR 261.39(a)(5)(i)(F)) 

requires the exporter to state the name 

and address of the recycler and any 

alternate recycler. Because CRTs are 

sometimes exported to more than one 

recycler in the receiving country, we are 

proposing to replace this language with 

a requirement that the exporter state the 

name and address of the recycler or 

recyclers and the estimated quantity of 

CRTs to be sent to each facility, as well 

as the names of any alternate recyclers. 

In this way, EPA will be able to provide 

the receiving country with the most 

accurate information available about the 

ultimate fate of the CRTs when they 

reach that country. 

C. Proposed Changes to the Notification 

Required for Used, Intact CRTs 

Exported for Reuse 

Currently, exporters who send used 

CRTs for reuse must submit a one-time 

notice with certain information under 

40 CFR 261.41. The notice must be sent 

to the Regional Administrator. (The 

regulatory language does not specify 

which Regional Administrator, but it 

was the Agency’s intent that the notice 

be sent to the Region from which the 

export takes place.) The notice must 

include a statement that the notifier 

plans to export used, intact CRTs for 

reuse. The notice must also include the 

notifier’s name, address, and EPA ID 

number (if applicable), and the name 

and phone number of a contact person. 

Persons who export used, intact CRTs 

for reuse must keep copies of normal 

business records, such as contracts, 

demonstrating that each shipment of 

exported CRTs will be reused. This 

documentation must be retained for a 

period of at least three years from the 

date the CRTs were exported. 

Since promulgation of this 

requirement, the Agency has become 

aware that some CRTs allegedly 

exported for reuse are actually recycled 

in the receiving country, sometimes 

under unsafe conditions. Failure to file 

the notice required for CRTs sent for 

recycling deprives the Agency of its 

ability to notify the receiving country 

about the CRTs to be imported into that 

country and obtain its consent. In order 

to require exporters to submit more 

complete information about the 

purported reuse of the exported CRTs 

over a specific period of time, we are 

proposing to add items to the reuse 

notice at 40 CFR 261.41 that are 

modeled on those required in the notice 

for CRTs exported for recycling. In 

addition, today’s proposal would 

replace the one-time notice provision 

with a requirement that the notice be 

submitted periodically, to cover exports 

for reuse expected over a twelve month 

or lesser period. EPA believes that this 

additional information in the notice for 

reuse would greatly improve tracking, 

and thus better management, of these 

CRTS that are claimed to be exported for 

reuse. 

Thus, under today’s proposal, CRT 

exporters who export used, intact CRTs 

for reuse would be required to send a 

notification to EPA that would cover 

export activities extending over a twelve 

(12) month or lesser period. This notice 

would be sent to the same EPA office 

that receives notices for CRTs exported 

for recycling (the Office of Enforcement 

and Compliance Assurance). The 

notification would be in writing, signed 

by the exporter, and would have to 

contain: 

• The name, mailing address, 

telephone number and EPA ID number 

(if applicable) of the exporter of the 

CRTs; 

• The estimated frequency or rate at 

which the CRTs would be exported and 

the period of time over which they 

would be exported; 

• The estimated total quantity of 

CRTs specified in kilograms; 

• All points of entry to and departure 

from each transit country through which 

the CRTs would pass; 

• A description of the approximate 

length of time the CRTs would remain 

in each country and the nature of their 

handling while there; 

• A description of the means by 

which each shipment of the CRTs 

would be transported (e.g., mode of 

transportation vehicle, such as air, 

highway, rail, water, etc.), as well as the 

type(s) of container (drums, boxes, 

tanks, etc.); 

• The name and address of the 

ultimate destination facility or facilities 

where the CRTs will be reused and the 

estimated quantity of CRTs to be sent to 

each facility, as well as the name of any 

alternate destination facility; 

• A description of the manner in 

which the CRTs will be reused in the 

country that will be receiving the CRTs; 

and 

• A certification signed by the 

exporter which states: ‘‘I certify under 

penalty of law that the CRTs described 

in this notice are fully functioning or 

capable of being functional after 

refurbishment. I certify under penalty of 

law that I have personally examined and 

am familiar with the information 

submitted in this and all attached 

documents, and that based on my 

inquiry of those individuals 

immediately responsible for obtaining 

the information, I believe that the 

submitted information is true, accurate, 

and complete. I am aware that there are 

significant penalties for submitting false 

information including the possibility of 

fine and imprisonment. 

Because of the additional items 

proposed for the reuse notice, the 

Agency believes it is appropriate to 

extend the coverage of this notice to a 

specified period of time, i.e., a twelvemonth or lesser period. This time period 

is preferable to the one-time notice 

previously required because it ensures 

that the necessary information in the 

notice is more accurate and current. 

The Agency solicits comment on 

whether the proposed notice could 


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1EPA notes that decisions regarding whether a 

state rule is more stringent or broader in scope than 

the Federal program are made when the Agency 

authorizes state programs. 

effectively contain fewer items of 

information, or whether the goal could 

be accomplished in some other manner. 

In addition, the Agency requests 

comment on whether the proposed 

notice should be sent to the Regional 

Administrator (as is the case with 40 

CFR 261.41) or to EPA Headquarters, 

where notices for CRTs exported for 

recycling are currently sent. The Agency 

believes that sending both types of 

notices to EPA Headquarters would 

facilitate retention and effective tracking 

of such notices, and will also be easier 

for those exporters who are required to 

submit notices for both reuse and 

recycling. However, we solicit comment 

on whether there are benefits in sending 

these notices to the EPA Regions. 

The Agency also solicits comment on 

whether to require exporters of CRTs for 

reuse to accompany all shipments of 

such CRTs with copies of the notice 

submitted pursuant to 40 CFR 261.41. If 

such a requirement were finalized, the 

Agency would require such exporters to 

submit a complete notification to EPA 

before the initial shipment is intended 

to be shipped off-site (e.g., 60 days 

before the planned shipment), so that 

the exporter would have time to submit 

a copy of the completed notice with the 

shipment. In this way, if officials of U.S. 

Customs examined a shipment of used 

CRTs exported for reuse, they would be 

able to quickly obtain more information 

from the exporter or from EPA, if 

necessary. The Agency solicits comment 

on the benefits of such a requirement 

and whether such benefits would 

outweigh the costs to the exporter. 

The Agency notes that 40 CFR 

261.41(b) requires persons who export 

CRTs for reuse to keep copies of normal 

business records, such as contracts, 

demonstrating that each shipment of 

exported CRTs will be reused. The 

documentation must be retained for a 

period of at least three years from the 

date the CRTs were exported. EPA 

solicits comment on whether to require 

specific types of documents to be 

retained, such as contracts, invoices, 

and/or shipping documents, and, if so, 

which documents must be retained. We 

also solicit comment on whether to 

require persons who export CRTs for 

reuse to provide a third-party 

translation of the documents into 

English if the documents are written in 

a language other than English and if 

EPA requests such a translation. In 

addition, we request comment on 

whether to require persons who export 

CRTs for reuse to provide contact 

information on an alternative 

destination facility for used, intact CRTs 

that are damaged in transit, or whether 

to require such persons to send the 

damaged CRTs back to the CRT exporter 

Finally, the Agency also solicits 

comment on whether to add a 

requirement to submit annual reports 

for exporters of used, intact CRTs for 

reuse. These reports could be identical 

to the reports proposed for CRTs 

exported for recycling. They would 

enable EPA to learn the actual number 

of CRTs exported for reuse, which may 

be different from the number estimated 

in the original notice required under 40 

CFR 261.41. EPA requests comment on 

whether this information would provide 

benefits which might outweigh the costs 

of submitting the report. 

D. Other Issues 

1. ‘‘Bare’’ CRTs 

The current definition of ‘‘used, intact 

CRT’’ in 40 CFR 260.10 means a CRT 

whose vacuum has not been released. 

As we stated in the preamble to the 

2006 final rule (71 FR 42942), this 

definition would encompass intact 

CRTs that are removed from the monitor 

with the vacuum still intact, even 

though the plastic housing or casing has 

been broken and removed. In that 

preamble, EPA stated that these 

materials resembled products more than 

wastes, and therefore should not be 

considered solid wastes unless 

disposed. If such ‘‘bare’’ CRTs are 

exported for reuse (i.e., placement into 

CRT monitors), they would not be 

subject to the export requirements of 40 

CFR 261.39(a)(5), but would instead be 

subject to the reuse requirements of 

proposed 40 CFR 261.41. However, if 

exported for recycling, (presumably for 

glass or lead recovery), they would not 

be eligible for the exclusion in 40 CFR 

261.39(c) for processed glass sent to a 

lead smelter or glass manufacturer 

because the CRTs have not been 

processed pursuant to the definition of 

‘‘CRT processing’’ in 40 CFR 260.10. 

EPA solicits comment on whether 

‘‘bare’’ CRTs removed from the monitor 

whose vacuum has not been released are 

likely to be exported for recycling rather 

than reuse and whether the regulation 

needs to be modified to reflect this 

situation. 

VII. State Authorization 

A. Applicability of Rules in Authorized 

States 

Under section 3006 of RCRA, EPA 

may authorize a qualified state to 

administer and enforce a hazardous 

waste program within the state in lieu 

of the Federal program, and to issue and 

enforce permits in the state. A state may 

receive authorization by following the 

approval process described in 40 CFR 

271.21 (see 40 CFR part 271 for the 

overall standards and requirements for 

authorization). EPA continues to have 

independent authority to bring 

enforcement actions under RCRA 

sections 3007, 3008, 3013, and 7003. An 

authorized state also continues to have 

independent authority to bring 

enforcement actions under state law. 

After a state receives initial 

authorization, new Federal 

requirements promulgated under RCRA 

authority existing prior to the 1984 

Hazardous and Solid Waste 

Amendments (HSWA) do not apply in 

that state until the state adopts and 

receives authorization for equivalent 

state requirements. In contrast, under 

RCRA section 3006(g) (42 U.S.C. 

6926(g)), new Federal requirements and 

prohibitions promulgated pursuant to 

the HSWA provisions take effect in 

authorized states at the same time that 

they take effect in unauthorized states. 

As such, EPA carries out HSWA 

requirements and prohibitions in 

authorized states, including the 

issuance of new permits implementing 

those requirements, until EPA 

authorizes the state to 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 

the existing Federal requirements.1

RCRA section 3009 allows the states to 

impose standards more stringent than 

those in the Federal program (see also 

40 FR 271.1(i)). Therefore, authorized 

states are not required to adopt Federal 

regulations, both HSWA and nonHSWA, that are considered less 

stringent than previous Federal 

regulations or that narrow the scope of 

the RCRA program. 

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 

promotes national coordination, 

uniformity and the expeditious 

transmission of information between the 

United States and foreign countries. 

Although States would not receive 

authorization to administer the Federal 

Government’s export functions in this 

proposal, State programs would still be 

required to adopt those provisions in 

today’s rule that are more stringent than 

existing Federal requirements to 


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Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 15341 

maintain their equivalency with the 

Federal program. Today’s proposal 

contains amendments to 40 CFR 261.39 

and 40 CFR 261.41 which would be 

more stringent if finalized. Therefore, 

states that have adopted these 

provisions, as well as states that have 

added CRTs to their universal waste 

programs under 40 CFR part 273, would 

be required to adopt these amendments. 

In addition, EPA strongly encourages 

States to incorporate all the import and 

export related requirements into their 

regulations for the convenience of the 

regulated community and for 

completeness, particularly where a State 

has already incorporated 40 CFR part 

262, subparts E and H, the import/ 

export manifest and OECD movement 

document related requirements in 

§ 263.10(d), the import manifest and 

OECD movement document submittal 

requirements in §§ 264.12(a)(2), 264.71, 

265.12(a)(2), and 265.71, or the 

management provisions for spent leadacid batteries (SLABs) in 40 CFR part 

266, subpart G. When a State adopts the 

export provisions in this rule, care 

should be taken not to replace Federal 

or international references with State 

terms. 

VIII. Administrative Requirements for 

This Rulemaking 

A. Executive Orders 12866 and 13563: 

Regulatory Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). EPA prepared an 

analysis of the potential costs and 

benefits associated with this action. 

This analysis is contained in the 

Economic Impacts Assessment for 

Proposed Revisions to the Export 

Provisions of the Cathode Ray Tube 

(CRT) Rule. A copy of the analysis is 

available in the docket for this action. 

Annual costs to CRT exporters and EPA 

for the reporting and recordkeeping 

requirements range from $7,300 to 

$11,500 per year. 

B. Paperwork Reduction Act 

(Information Collection Request) 

The information collection 

requirements in this proposed rule have 

been submitted for approval to the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. An 

Information Collection Request (ICR) 

document prepared by EPA has been 

assigned EPA ICR number 2455.01. 

EPA, under existing 40 CFR 

261.39(a)(5)(F) and 40 CFR 261.41, is 

proposing to revise the notifications that 

must be submitted to EPA when CRTs 

are exported for reuse or recycling. EPA, 

under new 261.39(a)(5)(x), is also 

proposing to add a requirement that 

exporters of CRTs for recycling must 

submit an annual report to EPA. The 

purpose of these proposed revisions is 

to address certain implementation 

concerns with the current export 

provisions of the CRT rule. The current 

notice for CRTs exported for recycling 

requires the exporter to state the name 

and address of the recycler and any 

alternate recycler. Because CRTs are 

sometimes exported to more than one 

recycler in the receiving country, EPA is 

proposing to require that the exporter 

state the name and address of the 

recycler or recyclers and the estimated 

quantity of CRTs to be sent to each 

facility, as well as the names of any 

alternate recyclers. 

EPA is proposing to expand the 

current reuse notice and model the 

notice on that required for CRTs 

exported for recycling. Instead of a onetime notice, EPA is proposing to require 

that reuse notices be submitted to cover 

a twelve month or shorter period. EPA 

is also proposing to add additional 

items of information to the notice, 

including contact information about the 

exporter and the destination facility, the 

frequency or rate at which the CRTs 

would be exported, the quantity of 

CRTs, transport information, and a 

description of the manner in which the 

CRTs will be reused in the receiving 

country. Furthermore, EPA is proposing 

to require that the exporter sign a 

certification that the CRTs are fully 

functioning or capable of being 

functional after refurbishment. EPA 

believes that the proposed expanded 

notice will help the Agency determine 

whether the exported CRTs have been 

handled as products that are actually 

reused in the receiving country. 

Finally, EPA is proposing to add a 

requirement that exporters of CRTs for 

recycling submit an annual report 

documenting the actual numbers of 

CRTs exported during the previous 

calendar year. This number may differ 

from the estimate submitted in the 

original notice. This information will 

help ensure that the shipments occurred 

under the terms approved by the 

receiving country, and would enable 

EPA to provide receiving countries with 

information that may help them to 

determine the quantity of CRTs that 

were received in a particular country for 

recycling. 

EPA has carefully considered the 

burden imposed upon the regulated 

community by the proposed information 

collection requirements. EPA is 

confident that those activities required 

of respondents are necessary and, to the 

extent possible, has attempted to 

minimize the burden imposed. EPA 

believes strongly that if the minimum 

information collection requirements 

specified under the proposed rule are 

not met, neither the facilities nor EPA 

can ensure that CRTs are managed in 

compliance with the regulations. 

EPA estimates that the total annual 

respondent burden for the new 

paperwork requirements in the rule 

ranges from 229 to 259 hours, and the 

annual respondent cost for the new 

paperwork requirements is 

approximately $17,600 to $19,700. The 

estimated annual hourly burden ranges 

from 0.15 to 3.5 hours per response for 

the 138 respondents. The estimated total 

annual burden to EPA for administering 

the rule (e.g., receive, review, and 

process information required under the 

proposed rule) ranges from 55 to 97 

hours, with a cost of approximately 

$2700 to $4700. Burden is defined at 5 

CFR 1320.3(b). 

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 EPA’s regulations are listed 

in 40 CFR part 9. 

To comment on the Agency’s need for 

this information, the accuracy of the 

provided burden estimates, and any 

suggested methods for minimizing 

respondent burden, EPA has established 

a public docket for this rule, which 

includes this ICR, under Docket ID No. 

EPA–HQ–RCRA–2011–1014. Submit 

any comments related to the ICR for this 

proposed rule to EPA and OMB. See 

ADDRESSES section at the beginning of 

this notice for where to submit 

comments to EPA. Send comments to 

OMB at the Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, 725 17th 

Street NW., Washington, DC 20503, 

Attention: Desk Officer for EPA. Since 

OMB is required to make a decision 

concerning the ICR between 30 and 60 

days after March 15, 2012, a comment 

to OMB is best assured of having its full 

effect if OMB receives it by April 16, 

2012. The final rule will respond to any 

OMB or public comments on the 

information collection requirements 

contained in this proposal. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 


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15342 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s proposed rule on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. The small entities directly 

regulated by this proposed rule are 138 

individual CRT exporters. We have 

determined that the annual compliance 

cost of the rule, as a percentage of 

annual sales, is less than 0.1 percent. 

Based on the above, the Agency has 

determined that the rule will not have 

a significant economic impact on a 

substantial number of small entities. 

Although this proposed rule will not 

have a significant economic impact on 

a substantial number of small entities, 

EPA nonetheless has tried to reduce the 

impact of this rule on small entities. We 

continue to be interested in the 

potential impacts of the proposed rule 

on small entities and welcome 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

This action does not contain a Federal 

mandate that may result in expenditures 

of $100 million or more for state, local, 

and tribal governments, in the aggregate, 

or the private sector in any one year. 

Because these direct costs are well 

below the $100 million annual direct 

cost threshold, this proposed rule is not 

subject to the requirements of sections 

202 or 205 of the Unfunded Mandates 

Reform Act (UMRA). This proposed rule 

is also not subject to the requirements 

of section 203 of UMRA because it 

contains no regulatory requirements that 

might significantly or uniquely affect 

small governments. EPA does not 

authorize States to administer Federal 

import/export functions in any section 

of the RCRA hazardous waste 

regulations because of the Federal 

government’s special role in matters of 

foreign policy. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. 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, as specified in 

Executive Order 13132. Specifically, 

this proposed rule does not have 

Federalism implications because the 

State and local governments do not 

administer the export and import 

requirements under RCRA. Thus, 

Executive Order 13132 does not apply 

to this action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This proposed rule does not have 

tribal implications, as specified in 

Executive Order 13175. No Tribal 

governments are known to own or 

operate businesses that may be affected 

by this rule. Thus, Executive Order 

13175 does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997) because it is not economically 

significant as defined in Executive 

Order 12866, and because the Agency 

does not believe the environmental 

health or safety risks addressed by this 

action present a disproportionate risk to 

children residing in the United States. 

This proposed rule is intended to 

improve regulatory efficiency and 

increase accountability among all 

parties associated with the export of 

used CRTs whether sent for recycling 

and reuse, and does not directly affect 

the level of protection provided to 

human health or the environment in the 

United States. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy. 

As defined in Executive Order 13211, a 

‘‘significant energy action’’ is any action 

by an agency (normally published in the 

Federal Register) that promulgates or is 

expected to lead to the promulgation of 

a final rule or regulation, including 

notices of inquiry, advance notices of 

proposed rulemaking, and notices of 

proposed rulemaking that: (1) Is a 

significant regulatory action under 

Executive Order 12866 or any successor 

order and is likely to have a significant 

adverse effect on the supply, 

distribution, or use of energy; or (2) is 

designated by OMB as a significant 

energy action. This proposed rule does 

not involve the supply, distribution, or 

use of energy and is not a significant 

regulatory action under Executive Order 

12866. Thus, Executive Order 13211 

does not apply to this action. 

I. National Technology Transfer and 

Advancement Act of 1995 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. This proposed 

rulemaking does not involve technical 

standards. Therefore, EPA is not 

considering the use of any voluntary 

consensus standards. 

J. Executive Order 12898: 

Environmental Justice 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and/or adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not directly affect the 

level of protection provided to human 

health or the environment in the United 

States. Rather, this proposed rule is 

intended to improve regulatory 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 15343 

efficiency and increase accountability 

among all parties associated with the 

export of used CRTs, whether for 

recycling or reuse. 

List of Subjects 

40 CFR Part 260 

Environmental protection, 

Administrative practice and procedure, 

Hazardous waste, Reporting and 

recordkeeping requirements. 

40 CFR Part 261 

Environmental protection, Hazardous 

waste, Solid waste, Recycling. 

RIN 2050–AG68: Revision to the Export 

Provisions of the Cathode Ray Tube 

(CRT) Rule 

Dated: March 2, 2012. 

Lisa P. Jackson, 

Administrator. 

For the reasons set out in the 

preamble, Parts 260 and 261 of title 40, 

Chapter I of the Code of Federal 

Regulations are proposed to be amended 

as follows: 

PART 260—HAZARDOUS WASTE 

MANAGEMENT SYSTEM: GENERAL 

1. The authority citation for part 260 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6921– 

6927, 6930, 6934, 6937, 6938, 6939, and 

6974. 

Subpart B—Definitions 

2. Section 260.10 is amended by 

adding in alphabetical order the 

definition of ‘‘CRT exporter’’ to read as 

follows: 

§ 260.10 Definitions. 

* * * * * 

CRT exporter means any person in the 

United States who initiates a transaction 

to send used CRTs outside the United 

States territories for recycling or reuse, 

or any intermediary in the United States 

arranging for such export. 

* * * * * 

PART 261—IDENTIFICATION AND 

LISTING OF HAZARDOUS WASTE 

3. The authority citation for part 261 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6921, 

6922, 6924(y), and 6938. 

Subpart A—General 

4. Section 261.39 is amended by 

revising paragraph (a)(5)(i)(F) to read as 

follows: 

§ 261.39 Conditional Exclusion for Used, 

Broken Cathode Ray tubes (CRTs) and 

Processed CRT Glass Undergoing 

Recycling. 

(a) * * * 

(5) * * * 

(i) * * * 

(F) The name and address of the 

recycler or recyclers and the estimated 

quantity of CRTs to be sent to each 

facility, as well as the names of any 

alternate recyclers. 

* * * * * 

(x) CRT exporters must file with EPA 

no later than March 1 of each year, a 

report summarizing the quantities (in 

kilograms), frequency of shipment, and 

ultimate destination(s) (i.e., the facility 

or facilities where the recycling occurs) 

of all CRTs exported during the 

previous calendar year. Such reports 

must also include the following: 

(A) The name, EPA ID number (if 

applicable), and mailing and site 

address of the exporter; 

(B) The calendar year covered by the 

report; 

(C) A certification signed by the 

exporter which states: 

‘‘I certify under penalty of law that I have 

personally examined and am familiar with 

the information submitted in this and all 

attached documents, and that based on my 

inquiry of those individuals immediately 

responsible for obtaining the information, I 

believe that the submitted information is 

true, accurate, and complete. I am aware that 

there are significant penalties for submitting 

false information including the possibility of 

fine and imprisonment.’’ 

(xi) Annual reports must be submitted 

to the office specified in paragraph (ii) 

of this section. Exporters must keep 

copies of annual reports for a period of 

at least three years from the due date of 

the report. 

* * * * * 

5. Section 261.41 is amended by 

revising paragraph (a) to read as follows: 

§ 261.41 Notification and Recordkeeping 

for Used, Intact Cathode Ray Tubes (CRTs) 

Exported for Reuse. 

(a) CRT exporters who export used, 

intact CRTs for reuse must send a 

notification to EPA. This notification 

may cover export activities extending 

over a twelve (12) month or lesser 

period. The notification must be in 

writing, signed by the exporter, and 

include the following information: 

(1) Name, mailing address, telephone 

number and EPA ID number (if 

applicable) of the exporter of the CRTs. 

(2) The estimated frequency or rate at 

which the CRTs are to be exported and 

the period of time over which they are 

to be exported. 

(3) The estimated total quantity of 

CRTs specified in kilograms. 

(4) All points of entry to and 

departure from each transit country 

through which the CRTs will pass, a 

description of the approximate length of 

time the CRTs will remain in such 

country and the nature of their handling 

while there. 

(5) A description of the means by 

which each shipment of the CRTs will 

be transported (e.g., mode of 

transportation vehicle (air, highway, 

rail, water, etc.), type(s) of container 

(drums, boxes, tanks, etc.)). 

(6) The name and address of the 

ultimate destination facility or facilities 

where the CRTs will be reused and the 

estimated quantity of CRTs to be sent to 

each facility, as well as the name of any 

alternate destination facility or facilities. 

(7) A description of the manner in 

which the CRTs will be reused 

(including reuse after refurbishment) in 

the foreign country that will be 

receiving the CRTs. 

(8) A certification signed by the 

exporter which states: 

‘‘I certify under penalty of law that the 

CRTs described in this notice are fully 

functioning or capable of being functional 

after refurbishment. I certify under penalty of 

law that I have personally examined and am 

familiar with the information submitted in 

this and all attached documents, and that 

based on my inquiry of those individuals 

immediately responsible for obtaining the 

information, I believe that the submitted 

information is true, accurate, and complete. 

I am aware that there are significant penalties 

for submitting false information including 

the possibility of fine and imprisonment.’’ 

* * * * * 

[FR Doc. 2012–6276 Filed 3–14–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2012–0054; FRL–9647–8] 

Oklahoma: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The State of Oklahoma has 

applied to EPA for Final authorization 

of the changes to its hazardous waste 

program under the Resource 

Conservation and Recovery Act (RCRA). 

EPA proposes to grant Final 

authorization to the State of Oklahoma. 

In the ‘‘Rules and Regulations’’ section 

of this Federal Register, EPA is 

authorizing the changes by an 

immediate final rule. EPA did not make 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1