36220 Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations 

Authority: 42.U.S.C. 7401 et seq. 

Subpart L—Georgia 

■ 2. Section 52.570 is amended by 

revising the entry for ‘‘391–3–1–.02(4),’’ 

under Emission Standards, in the table 

titled ‘‘EPA APPROVED GEORGIA 

REGULATIONS’’ in paragraph (c), to 

read as follows: 

§ 52.570 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED GEORGIA REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

Emission Standards 

*******

391–3–1–.02(4) ........................ Ambient Air Standards ........... 9/13/2011 6/26/2014 [Insert Federal 

Register citation]. 

* * * * * * * 

* * * * * 

[FR Doc. 2014–14876 Filed 6–25–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0274; FRL–9912–57– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Revision to the Chicago 8-Hour Ozone 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to the receipt of an 

adverse comment, EPA is withdrawing 

the May 22, 2014, direct final rule 

approving a revision to the Illinois State 

Implementation Plan (SIP). EPA will 

address the comment in a subsequent 

final action based upon the proposed 

rulemaking action, also published on 

May 22, 2014. EPA will not institute a 

second comment period on this action. 

DATES: The direct final rule published at 

79 FR 29324 on May 22, 2014, is 

withdrawn effective June 26, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Michael Leslie, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6680, 

leslie.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA is 

withdrawing the May 22, 2014 (79 FR 

29324), direct final rule approving a 

revision to the 1997 8-hour ozone 

maintenance plan for the Illinois 

portion of the Chicago-Gary-Lake 

County, Illinois-Indiana area. In the 

direct final rule, EPA stated that if 

adverse comments were received by 

June 23, 2014, the rule would be 

withdrawn and not take effect. On May 

26, 2014, EPA received a comment, 

which it interprets as adverse and, 

therefore, EPA is withdrawing the direct 

final rule. EPA will address the 

comment in a subsequent final action 

based upon the proposed rulemaking 

action, also published on May 22, 2014 

(79 FR 29395). EPA will not institute a 

second comment period on this action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Oxides of nitrogen, Ozone, 

Volatile organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: June 10, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ Accordingly, the amendment to 40 

CFR 52.726 published in the Federal 

Register on May 22, 2014 (79 FR 29324) 

on page 29327 is withdrawn effective 

June 26, 2014. 

[FR Doc. 2014–14868 Filed 6–25–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 260 and 261 

[EPA–HQ–RCRA–2011–1014; FRL–9911–84– 

OSWER] 

RIN 2050–AG68 

Revisions to the Export Provisions of 

the Cathode Ray Tube (CRT) Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is revising 

certain export provisions of the cathode 

ray tube (CRT) final rule published on 

July 28, 2006. The revisions will allow 

the Agency to better track exports of 

CRTs for reuse and recycling in order to 

ensure safe management of these 

materials. 

DATES: This final rule is effective on 

December 26, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–RCRA–2011–1014. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information may not be publicly 

available, such as Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the RCRA Docket, EPA/DC, William 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations 36221 

Jefferson Clinton Building West, Room 

3334, 1301 Constitution Ave. NW., 

Washington, DC 20004. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744 and the telephone 

number for the RCRA Docket is (202) 

566–0270. 

FOR FURTHER INFORMATION CONTACT: For 

more detailed information on specific 

aspects of this rulemaking, contact 

Amanda Kohler, 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) 

347–8975, kohler.amanda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Does this action apply to me? 

This rule affects all persons who 

export used CRTs for reuse or recycling. 

This action does not affect households 

or conditionally exempt small quantity 

generators. 

I. Statutory Authority 

Today’s rule is promulgated under the 

authority of sections 2002(a), 3001, 

3002, 3004, 3006, and 3007 of the Solid 

Waste Disposal Act of 1965, 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. 6912(a), 6921, 6922, 6924, 6926, 

6927, and 6938. 

II. List of Abbreviations and Acronyms 

CEQ White House Council on 

Environmental Quality 

CFR Code of Federal Regulations 

CRT Cathode Ray Tube 

EPA Environmental Protection Agency 

GSA General Services Administration 

HSWA Hazardous and Solid Waste 

Amendments 

ICR Information Collection Request 

NTTAA National Technology Transfer and 

Advancement Act 

OECD Organization for Economic 

Cooperation and Development 

OMB Office of Management and Budget 

RCRA Resource Conservation and Recovery 

Act 

UMRA Unfunded Mandates Reform Act 

III. What is the intent of this rule? 

Today’s rule revises the export 

provisions that apply to persons who 

export used CRTs for reuse or recycling. 

The existing regulations were first 

promulgated on July 28, 2006 (71 FR 

42928). Since promulgation of these 

regulations, the Agency has realized the 

necessity of obtaining additional 

information on the export of these 

materials to better ensure their proper 

management. This rule is intended to 

accomplish that goal. 

IV. What is the scope of this rule? 

Today’s rule affects only the export 

provisions of the CRT rule and does not 

affect any regulations applicable to the 

domestic management of used CRTs. 

Today’s rule also does not affect unused 

CRTs. In today’s rule, EPA is (1) adding 

a definition of ‘‘CRT exporter’’ to the 

regulations; (2) requiring annual reports 

from exporters of used CRTs exported 

for recycling; (3) revising the 

notification that must be submitted 

when used CRTs are exported for 

recycling; (4) revising the notification 

that must be submitted when used CRTs 

are exported for reuse; and (5) requiring 

that normal business records 

maintained by exporters of used CRTs 

for reuse be translated into English upon 

request. These changes are described in 

section VI of the preamble. 

V. Background 

A. Reuse and Recycling of Used Cathode 

Ray Tubes 

In June 2002, EPA proposed to amend 

its hazardous waste regulations under 

RCRA to streamline the management 

standards for used CRTs in an effort to 

encourage reuse and recycling of these 

materials rather than landfilling or 

possible incineration (67 FR 40508, June 

12, 2002). In that proposal, EPA 

described how used CRTs can be reused 

and recycled. 

1. Reuse 

Many used computers are resold or 

donated so that they can be used again, 

either as is or after minor repairs. The 

Agency encourages this option as a 

responsible way to manage these 

materials, because preventing or 

delaying their discard conserves 

resources. This option extends the lives 

of valuable products and delays their 

introduction into the waste management 

system. Reuse also allows schools, nonprofit organizations, and individual 

families to use equipment that they 

otherwise could not afford. Many 

markets for the reuse of computers are 

located abroad, particularly in countries 

where few may be able to purchase 

state-of-the-art new equipment (67 FR 

40510). 

Organizations that handle used 

computers vary in their practices. In 

some cases, organizations take 

donations of used computer equipment. 

These organizations may test the 

equipment, and, if necessary, rewire it 

and replace various parts before sending 

them off for reuse. In other cases, the 

entities that collect the used CRTs send 

them to another organization with more 

expertise for evaluation and possible 

repair and reuse. CRTs that cannot be 

used after such minor repairs may be 

sent to recycling or disposal (67 FR 

40510). 

In its 2006 final rule, EPA reaffirmed 

that materials used and taken out of 

service by one person are not wastes 

when the next owner uses them for their 

intended purpose. EPA also stated that 

used CRTs undergoing repairs (such as 

rewiring or replacing defective parts) 

before resale or distribution are not 

being reclaimed and are considered to 

be products in use rather than solid 

wastes (71 FR 42929). 

2. Recycling 

If reuse or repair is not a practical 

option, CRTs can be sent for recycling, 

which typically consists of disassembly 

for the purpose of recovering valuable 

materials from the CRTs, especially 

glass. When processing begins, the CRT 

display unit is dismantled, and the bare 

CRT is separated from all other parts 

(usually glass, plastic, or metal). Next, 

the vacuum is released by either drilling 

or punching through the anode, a small 

metal button in the funnel, or removing 

the electron gun portion of the tube. The 

different glass portions of the CRT 

(panel, funnel, and frit line) are then 

separated and classified according to 

chemical composition, especially by the 

amount of lead contained. All glass is 

then cleaned and sorted and cleaned 

cullet (i.e., processed glass) is typically 

shipped off-site to a CRT glass 

manufacturer or to a lead smelter (67 FR 

40510). 

B. 2006 CRT Rule 

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 standards 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 261.4(a)(22), these materials are 

excluded from the definition of solid 

waste provided certain conditions are 

met, including that all used CRTs (i.e., 

intact or broken) sent for reuse or 

recycling meet the speculative 

accumulation condition at § 261.1(c)(8). 

In addition, used, broken CRTs and CRT 

glass processors are subject to the 

packaging, labeling, and management 

standards under § 261.39. Persons who 


pmangrum on DSK3VPTVN1PROD with RULES
36222 Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations 

1Much of the discussion below comes directly 

from the National Strategy for Electronics 

Stewardship, Interagency Task Force on Electronics 

Stewardship, July 20, 2011. 

2The following agencies and departments 

contributed to the National Strategy and 

participated in drafting the recommendations: CEQ, 

EPA, GSA, Office of Management and Budget, 

Office of the U.S. Trade Representative, Department 

of Commerce, Department of Defense, Department 

of Education, Department of Energy, Department of 

Labor, Department of Justice, Department of State, 

Department of Veterans Affairs, Federal 

Communications Commission, U.S. Customs and 

Border Protection, and the U.S. Postal Service. 

3Executive Order (E.O.) 13514, Federal 

Leadership in Environmental, Energy, and 

Economic Performance (October 5, 2009). Previous 

executive orders include E.O. 12873, Federal 

Acquisition, Recycling, and Waste Prevention 

(October 20, 1995), E.O. 13423, Strengthening 

Federal Environmental, Energy, and Transportation 

Management (January 24, 2007), and E.O. 13534, 

National Export Initiative (March 11, 2010). 

send CRTs for disposal are not eligible 

for the conditional exclusion at 

§ 261.4(a)(22), 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 RCRA designated facility. 

In addition to these domestic 

regulations, the CRT rule also 

established conditions at § 261.39(a)(5) 

for used, broken CRTs and at § 261.40 

for used, intact CRTs exported for 

recycling. In order for these CRTs to be 

excluded from the definition of solid 

waste, the exporter must meet specific 

conditions. In particular, exporters of 

used CRTs for recycling must notify 

EPA of an intended shipment 60 days 

before the initial shipment occurs. 

Notifications may cover exports 

extending over a 12-month or lesser 

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, the 

frequency and rate of export, the means 

of transport, the total quantity of CRTs 

to be shipped, and information about 

which transit countries the shipments 

will pass through. 

When EPA receives this information, 

it forwards it to the receiving country 

and any transit countries for review. 

When the receiving country consents in 

writing to receive the CRTs, EPA 

forwards an Acknowledgement of 

Consent to Export CRTs to the exporter. 

The exporter may not ship the CRTs 

until it receives the Acknowledgement 

of Consent to Export CRTs. If the 

receiving country does not consent or 

withdraws a prior consent, EPA will 

notify the exporter in writing, and the 

exporter must not allow any shipments 

or further shipments to proceed. 

Exporters must keep copies of 

notifications and Acknowledgements of 

Consent to Export CRTs 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 § 261.39(c), processed glass (i.e., 

glass that has been sorted or otherwise 

managed pursuant to the definition of 

‘‘CRT processing’’ in § 260.10) sent to a 

CRT glass manufacturer or to a lead 

smelter is subject only to the speculative 

accumulation condition at § 261.1(c)(8) 

and exporters of such materials are not 

subject to the export notice condition of 

§ 261.39(a)(5). 

With respect to used, intact CRTs that 

are exported for reuse, § 261.41 

currently requires exporters to submit a 

one-time notification to EPA with 

contact information and a statement that 

they are exporting CRTs for reuse. They 

must keep copies of normal business 

records demonstrating that the CRTs in 

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. 

C. National Strategy for Electronics 

Stewardship 1

In proclaiming November 15, 2010, as 

America Recycles Day, President Obama 

stated that Americans must increase our 

capacity to recycle our used electronics 

responsibly. Increasing domestic 

recycling efforts can create green jobs, 

lead to more productive reuse of 

valuable materials, and support a 

vibrant American recycling and 

refurbishing industry. If done properly, 

we can increase our domestic recycling 

efforts, reduce harm from exports of 

electronic waste (e-waste) being handled 

unsafely in developing countries, 

strengthen domestic and international 

markets for viable and functional used 

electronic products, and protect health 

and environmental threats at home and 

abroad. 

To seize these opportunities and 

address the problems caused by 

discarded used electronics, the White 

House Council on Environmental 

Quality (CEQ), acting under Executive 

Order 13514 and on previous executive 

orders, established the Interagency Task 

Force on Electronics Stewardship, cochaired by EPA and the General 

Services Administration (GSA), as well 

as CEQ.2 3

On behalf of the Task Force, EPA 

solicited public comment from 

stakeholders through a notice published 

in the Federal Register (76 FR 11243– 

44; March 1, 2011). About 130 unique 

sets of comments were received in 

response to the notice, as well as 2,050 

letters from a mail-in campaign. Also on 

behalf of the Task Force, CEQ held three 

stakeholder listening sessions in March 

2011 with state and local government 

agencies, non-governmental 

organizations, and industry, 

respectively. Comments provided 

through both of these methods were 

evaluated by the Task Force and 

considered in developing the strategy. 

On July 20, 2011, the Task Force 

articulated its goals and 

recommendations in its report titled 

National Strategy for Electronics 

Stewardship. The National Strategy 

provides four overarching goals, the 

action items under each goal, and the 

projects that will implement each action 

item. One goal of the National Strategy 

is to reduce harm from U.S. exports of 

e-waste and improve the safe handling 

of used electronics in developing 

countries. To achieve this goal, one 

action the Task Force recommended 

was for EPA to propose regulatory 

changes to improve compliance with the 

existing regulations regarding exports of 

CRTs that are destined for reuse and 

recycling. 

The National Strategy states that, 

despite decreased production of CRTs, 

many are still being exported for 

recycling or reuse and some CRTs that 

are exported for reuse are actually 

disassembled and recycled under unsafe 

conditions. Therefore, EPA committed 

to proposing changes to the CRT rule to 

better track exports of CRTs for reuse 

and recycling. These proposed 

regulatory changes would clarify who is 

subject to the rule, which would 

improve compliance throughout the 

regulated community. Additionally, 

EPA would gather additional 

information on shipments of CRTs that 

are sent for reuse. 

Thus, in March 2012, EPA proposed 

revisions to the export provisions of the 

CRT exclusion in order to better track 

exports of CRTs and ensure safe 

management abroad (77 FR 15336, 

March 15, 2012). Today’s rule makes 

final the revisions, mostly as proposed. 

VI. Final Revisions To Export 

Provisions and Response to Comments 

EPA is finalizing the following 

revisions to the export provisions of the 

conditional exclusion from the 

definition of solid waste for used CRTs 

(§ 261.4(a)(22)). 

A. Definition of ‘‘CRT Exporter’’ 

In March 2012, EPA proposed to add 

a definition of ‘‘CRT exporter’’ to 

§ 260.10 to eliminate any potential 


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Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations 36223 

4EPA is finalizing the definition of CRT exporter 

as proposed with a minor editorial change to add 

the words ‘‘or its’’ in between ‘‘the United States’’ 

and ‘‘territories.’’ 

confusion over who is responsible for 

fulfilling the CRT exporter duties, 

including submitting the export notices 

required under § 261.39(a)(5) (for used, 

broken CRTs exported for recycling), 

§ 261.40 (for used, intact CRTs exported 

for recycling) and § 261.41 (for used, 

intact CRTs exported for reuse). The 

Agency proposed a definition of ‘‘CRT 

exporter’’ to mean ‘‘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.’’ 

As discussed in the March 2012 

proposed rule, there may be several 

persons involved in the generation, 

collection, management, and eventual 

export of CRTs for recycling or reuse. 

Thus, EPA has concluded that defining 

‘‘CRT exporter’’ is important to properly 

assign responsibility for the CRT 

exporter duties and to enable effective 

compliance monitoring of the export 

provisions of the rule. Therefore, EPA is 

finalizing the definition of ‘‘CRT 

exporter’’ mostly as proposed.4

The CRT exporter and any 

intermediary arranging for the export 

must be based 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. 

Additionally, EPA notes that 

‘‘person,’’ which is used in today’s 

definition of CRT exporter, is defined in 

§ 260.10 to mean an individual, trust, 

firm, joint stock company, federal 

agency, corporation (including a 

government corporation), partnership, 

association, state, municipality, 

commission, political subdivision of a 

state, or any interstate body. 

If a person exports used CRTs for 

recycling without fulfilling the export 

notice provisions of the CRT rule, the 

receiving country would be unaware 

that these materials were entering the 

country and would be unable to provide 

consent. Additionally, EPA would be 

unable to respond to information 

requests from foreign countries 

regarding the export of CRTs abroad. 

This would hinder the receiving 

country’s ability to determine whether 

the imported used CRTs are being 

properly managed. Intermediaries who 

participate in arranging for the CRT 

exports, as well as the actual entities 

who initiated the CRT export, may be 

held jointly and severally liable under 

RCRA for exporting hazardous waste in 

violation of the hazardous waste export 

requirements if they fail to fulfill the 

notice condition, among other 

conditions, of the CRT rule. 

Response to Comments 

Comment: While one commenter did 

not oppose EPA’s proposed definition of 

CRT exporter, two commenters argued 

that the definition of ‘‘CRT exporter’’ 

was unclear and that it may be too broad 

and encompass entities that lack direct 

knowledge about the CRT export. 

Specifically, these commenters took 

issue with the phrasing ‘‘any 

intermediary’’ and ‘‘any person in the 

United States who initiates a transaction 

to send used CRTs outside the United 

States territories.’’ One commenter 

argued that the definition could include 

generators and collectors of CRTs who 

have no involvement in the decision or 

the arrangements to export. The other 

commenter argued that only the entity 

with direct control over the actual CRT 

export should bear primary 

responsibility for the CRT export 

notification. This commenter stated that 

clarification is especially important 

given EPA’s stated intention to hold all 

parties jointly and severally liable for 

failing to comply with the exporter 

conditions. 

Response: EPA disagrees with the 

commenters that argued the definition 

of ‘‘CRT exporter’’ was too broad and 

may encompass entities that do not have 

knowledge of the export, including 

generators of the CRTs. As noted 

previously, the trade of used electronics 

can take place along a chain of 

businesses that collect, refurbish, 

dismantle, recycle, and reprocess used 

electronic products and their 

components. 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. EPA has 

concluded that the language of the 

definition appropriately defines those 

entities who are responsible for 

fulfilling the exporter duties, including 

‘‘any person . . . who initiates a 

transaction’’ to export used CRTs or 

‘‘any intermediary . . . arranging for 

such export.’’ EPA does not agree that 

this would include entities that have no 

knowledge of the export since 

presumably these entities would neither 

be ‘‘initiating a transaction’’ nor 

‘‘arranging for such export.’’ 

EPA modeled today’s definition of 

‘‘CRT exporter’’ on the definition of 

‘‘primary exporter’’ of hazardous waste 

in § 262.51. Thus, EPA believes the 

reference to ‘‘any intermediary’’ is 

important to maintain consistent 

accountability throughout the RCRA 

export regulations. 

As an example of how the definition 

would apply, a state may contract with 

a recycling facility to collect and recycle 

used electronics, including used CRTs. 

The recycling facility makes the 

decision regarding which CRTs can be 

reused, refurbished, or recycled. The 

recycling facility also makes the 

decision whether to reuse or recycle the 

CRTs domestically or whether to export 

the used CRTs, sometimes through a 

broker. 

In this case, the generators of the 

CRTs, as well as the state that 

contracted with the recycling facility, 

are not involved in the decision-making 

to export certain CRTs and are not 

initiating a transaction to export, or 

arranging for export. Thus, these entities 

would not be considered a ‘‘CRT 

exporter’’ and are not responsible for 

fulfilling the CRT exporter duties. 

On the other hand, because the 

recycling facility is making the 

determination regarding whether and 

which CRTs will be reused, refurbished, 

or recycled domestically or 

internationally, then the recycling 

facility is making the decision to export 

certain CRTs and is thus initiating a 

transaction to export. Therefore, the 

recycling facility is considered a CRT 

exporter and is responsible for the CRT 

exporter duties. Furthermore, if the 

recycling facility used a broker to 

manage the export, both the recycling 

facility (which initiated the export) and 

the broker (who arranged for the export) 

would be considered a CRT exporter 

and thus responsible for the CRT 

exporter duties. 

Another example of how the 

definition would apply includes an 

electronic recycler that has collected 

CRTs and is storing them on site. In this 

case, the electronic recycler determines 

how the CRTs will ultimately be 

managed, either via reuse, recycling, or 

disposal. The electronic recycler also 

initiates the transaction to export by 

partnering with a broker to find foreign 

entities that can reuse or recycle the 

CRTs abroad—that is, the broker acts as 

an intermediary and makes 

arrangements for the export of used 

CRTs by soliciting and evaluating bids 

from foreign entities and other handling 

arrangements (e.g., contracts) with 

foreign entities. In addition, the 

electronic recycler makes arrangements 

for the export of used CRTs by 

reviewing or receiving information from 

the broker and packaging and preparing 

the used CRTs for transport across 

international boundaries. Therefore, 


pmangrum on DSK3VPTVN1PROD with RULES
36224 Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations 

5As stated above, multiple entities may be 

considered the ‘‘CRT exporter’’ and thus are 

responsible for ensuring annual reports are 

submitted. To avoid duplicative submissions, the 

Agency expects only one person to perform the 

exporter duties under §§ 261.39(a)(5) and 261.41, 

thus persons should assign these exporter 

responsibilities among themselves. 

both the electronic recycler and the 

broker are CRT exporters. 

To avoid duplicative submissions, the 

Agency expects only one person to 

perform the exporter duties under 

§§ 261.39(a)(5) and 261.41, thus persons 

should assign these exporter 

responsibilities among themselves. 

However, all persons are jointly and 

severally liable for failing to comply 

with the exporter conditions. In other 

words, EPA has the authority to enforce 

against all persons associated with the 

export who meet the definition of ‘‘CRT 

exporter.’’ 

Comment: One commenter argued 

that EPA should expand the definition 

of ‘‘CRT exporter’’ to include all 

generators of CRTs. This commenter 

believed that it would be far too easy for 

all sellers to the eventual export market 

to claim that they are not exporters and 

to avoid responsibility. 

Response: EPA disagrees with the 

commenter that argued the definition of 

‘‘CRT exporter’’ should be expanded to 

include all entities along the electronic 

recycling chain, regardless of whether 

these entities are engaged in export 

activities, such as initiating a 

transaction to, or arranging for, export of 

CRTs. 

In many cases, generators of CRTs do 

not possess the expertise to determine 

whether certain CRTs can and may be 

reused, refurbished, or recycled— 

whether domestically or internationally. 

Many generators contract out collection 

and management of used CRTs to a 

recycling facility, whose business 

includes making these determinations. 

Thus, EPA does not believe that 

generators should automatically meet 

the definition of ‘‘CRT exporter’’ 

because, in many cases, the generator 

would not be making the decision to 

export the used CRTs and moreover 

would lack specific knowledge of the 

exporting operations (e.g., foreign 

destination facility, quantity of used 

CRTs to be exported) needed to submit 

export notices. 

However, generators of used CRTs 

that do make the decision to export 

certain CRTs and thus initiate, or 

arrange for, export of used CRTs, would 

meet the definition of ‘‘CRT exporter’’ 

and thus would be responsible for 

fulfilling the CRT exporter duties. (As 

noted previously, if more than one 

person is a CRT exporter, then only one 

person must perform the exporter duties 

under §§ 261.39(a)(5) and 261.41, 

however, all CRT exporters are liable if 

the exporter duties are not fulfilled.) 

B. Annual Reports for Used CRTs Sent 

for Recycling 

In March 2012, EPA proposed 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 actually 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 

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. 

For the above reasons, EPA is 

finalizing at § 261.39(a)(5)(x) the 

proposed condition that the CRT 

exporter submit annual reports for used 

CRTs exported for recycling. Under 

today’s rule, the exporter must provide, 

no later than March 1 of each year, an 

annual 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 used CRTs 

exported for recycling during the 

previous calendar year.5 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 

that 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.’’ 

Annual reports must be submitted to 

the same EPA office that currently 

receives the export notices—that is, 

EPA’s Office of Enforcement and 

Compliance Assurance. In addition, 

CRT exporters are required to keep 

copies of each annual report for a period 

of at least three years from the due date 

of the report. 

Response to Comments 

Comment: One commenter argued 

that the proposed yearly reporting 

condition was not going to provide caseby-case information and thus was not 

likely to be useful for receiving prior 

informed consent as required by the 

Basel Convention. This commenter 

believes that the receiving country and 

transit countries should be giving 

consent on a case-by-case basis, rather 

than on a 12-month or lesser basis (as 

is currently allowed under the export 

provisions of the CRT rule), unless those 

countries stipulate that yearly consents 

are appropriate. 

Response: EPA has concluded that 

notice and consent based on a 12-month 

or lesser period, coupled with today’s 

condition to submit annual reports for 

the CRTs actually exported over the 

previous 12-month or lesser period, 

provides sufficient information to 

adequately monitor the export of used 

CRTs in order to ensure proper 

management of these materials abroad. 

Specifically, EPA would be able to 

analyze specific shipments from 

exporters by comparing actual 

shipments in the annual report against 

the proposed shipments in the export 

notice to ensure that the shipments 

occurred under the terms approved by 

the receiving country. Requiring notice 

and consent on a per shipment basis, as 

this commenter suggests, would not 

provide any additional protection, but 

would increase the burden for CRT 

exporters and EPA, as well as receiving 

and transit countries. Furthermore, EPA 

notes that the receiving country always 

has the option of specifying consent for 

a lesser period, or on a per shipment 

basis, if it chooses to do so. Finally, we 

note that while the United States is a 

signatory to the Basel Convention, the 

United States is not a party to the Basel 

Convention. 

C. Revision to the Notification Required 

for Used CRTs Sent for Recycling 

In March 2012, EPA proposed a 

change to the notice required for CRTs 

exported for recycling. The current 

notice at § 261.39(a)(5)(i)(F) requires the 

exporter to state the name and address 

of the recycler and any alternate 

recycler. EPA had proposed to replace 

this language with a condition that the 

exporter state the name and address of 

the recycler or recyclers and the 

estimated quantity of used CRTs to be 


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Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations 36225 

6See instruction item 21, p.11, ‘‘Revised 

notification and movement documents for the 

control of transboundary movement of hazardous 

wastes and instructions for completing these 

documents,’’ approved by the Basel Conference of 

Parties, December 2006, available online at http:// 

www.basel.int/Procedures/

NotificationMovementDocuments/tabid/1327/

Default.aspx. 

7As stated above, multiple entities may be 

considered the ‘‘CRT exporter’’ and thus are 

responsible for ensuring notices are submitted. To 

avoid duplicative submissions, the Agency expects 

only one person to perform the exporter duties 

under §§ 261.39(a)(5) and 261.41, thus persons 

should assign these exporter responsibilities among 

themselves. In the case of multiple entities that may 

be considered the ‘‘CRT exporter,’’ the notice 

should only contain the name, address, telephone 

number, and EPA ID number for the individual or 

company that these entities have mutually assigned 

to be the exporter of record. 

sent to each facility, as well as the 

names of any alternate recyclers. 

As we explained in the proposal, used 

CRTs may be exported to more than one 

destination facility in a foreign country. 

For example, used CRTs may first be 

sent to a foreign facility responsible for 

importing the CRTs and then may be 

subsequently sent to another foreign 

facility responsible for recycling the 

CRTs. Requiring the proposed 

additional information will allow EPA 

to provide the receiving country with 

the most accurate information available 

about any interim destination and the 

ultimate destination of the CRTs when 

they reach that country. This further 

enables the receiving country to ensure 

proper management of the used CRTs in 

that country. Because this additional 

information will further ensure that 

used CRTs exported for recycling are 

managed safely, we are finalizing the 

proposed change in today’s rule. 

Response to Comments 

Comment: One commenter argued 

against the proposed change and said 

that EPA should require notification 

from one exporter to one consignee, not 

alternate recyclers, so as to be consistent 

with the Basel Convention. 

Response: EPA disagrees with this 

comment because it would limit the 

information needed to determine the 

ultimate destination of the CRTs in the 

receiving country, and, thus, not 

provide the additional assurance that 

such CRTs are managed safely. We 

would also note that listing both interim 

and final destination facilities in the 

export notice is consistent with the 

Basel Convention, as the instructions for 

the Basel notification document direct 

notifiers to list the destination facility in 

Block 10 and, if that facility is doing 

only an interim R12 (exchange of wastes 

for submission to any of the recovery 

operations numbered R1–R10) or R13 

(accumulation of material intended for 

any operation in this list) operation, to 

list the subsequent recycling facility in 

an annex.6 Furthermore, the receiving 

country has the option of limiting its 

consent to only one of the listed 

destination facilities if they do not 

consider the interim destination or the 

alternate recycler to be appropriate 

destinations. Finally, we note that while 

the United States is a signatory to the 

Basel Convention, the United States is 

not a party to the Basel Convention. 

D. Revisions to the Notification 

Required for Used, Intact CRTs 

Exported for Reuse 

In March 2012, EPA proposed 

revisions to the notification 

requirements for CRTs exported for 

reuse codified at § 261.41. Specifically, 

EPA proposed to replace the one-time 

notice for used, intact CRTs exported for 

reuse with a condition that the notice 

(1) be submitted to cover exports for 

reuse expected over a 12-month or 

lesser period; and (2) contain additional 

information, similar to the notification 

required for CRTs exported for 

recycling. Additionally, EPA requested 

comment regarding whether the 

proposed notice should be sent to the 

Regional Administrator (as is the case in 

the existing § 261.41) or to EPA 

Headquarters, where notices for CRTs 

exported for recycling are currently 

sent. 

Currently, the notification for CRTs 

exported for reuse contains minimal 

information: Name, address, and EPA ID 

(if applicable), the name and phone 

number of a contact person for the 

exporter, and a statement that the 

notifier plans to export used, intact 

CRTs for reuse. The current notification 

provides no information regarding 

where the used, intact CRTs are being 

exported for reuse, which hinders EPA’s 

ability to share information with the 

receiving country if there is an issue 

with the export, which, in turn, inhibits 

the receiving country’s ability to ensure 

safe management of the CRTs. 

Furthermore, the one-time nature of the 

notice provides no assurance that the 

information collected over time will 

accurately reflect entities that are 

exporting CRTs for reuse, which greatly 

hinders use of the data for compliance 

monitoring and reporting purposes. 

Because the Agency has determined 

that the currently required information 

in the notification does not provide 

sufficient information to allow EPA to 

adequately monitor compliance and 

ensure that used, intact CRTs are reused 

according to the exclusion and not 

discarded, the Agency is finalizing the 

proposed condition to expand the 

notification for CRTs exported for reuse 

and to require submittals to cover 

exports over a 12-month or lesser 

period. Additionally, EPA is requiring 

that the notice be sent to the same EPA 

office that receives notices for CRTs 

exported for recycling (EPA’s Office of 

Enforcement and Compliance 

Assurance), which will improve 

efficiency and tracking of all notices for 

CRTs exported for recycling and reuse. 

This additional information will 

enable better reporting by EPA in 

response to information requests from 

receiving countries and other interested 

parties regarding exports of used CRTs 

for reuse. This information will, in turn, 

enable effective compliance monitoring 

by EPA and those countries receiving 

such exports, which decreases the risk 

of potential mismanagement of the 

materials. Therefore, exporters of used, 

intact CRTs sent for reuse must send a 

notification to EPA that would cover 

export activities extending over a 12- 

month or lesser period. The written 

notification, signed by the exporter, 

must contain the following information 

listed in § 261.41: 

• The name, mailing address, 

telephone number, and EPA ID number 

(if applicable) of the exporter of the 

used, intact CRTs; 7

• The estimated frequency or rate at 

which the used, intact CRTs are to be 

exported for reuse and the period of 

time over which they are to be exported; 

• The estimated total quantity of 

used, intact CRTs specified in 

kilograms; 

• All points of entry to and departure 

from each transit country through which 

the used, intact CRTs will pass, a 

description of the approximate length of 

time the used, intact CRTs will remain 

in such country, and the nature of their 

handling while there; 

• A description of the means by 

which each shipment of the used, intact 

CRTs will 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 used, intact CRTs will be 

reused, refurbished, distributed or sold 

for reuse and the estimated quantity of 

used, intact CRTs to be sent to each 

facility, as well as the name of any 

alternate destination facility or facilities; 

• A description of the manner in 

which the used, intact CRTs will be 

reused (including reuse after 

refurbishment) in the foreign country 

that will be receiving the used, intact 

CRTs; and 


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36226 Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations 

8 ‘‘Exporting Harm-The High-Tech Trashing of 

Asia,’’ Basel Action Network and the Silicon Valley 

Toxics Coalition, February 25, 2002 (referenced by 

commenter on the 2002 CRT proposed rule); 

‘‘Following the Trail of Toxic E-Waste.’’ CBS 60 

Minutes. November 9, 2008; Carroll Chris, ‘‘HighTech Trash,’’ National Geographic Magazine. 

January 2008. 

• A certification signed by the CRT 

exporter that states ‘‘I certify under 

penalty of law that the CRTs described 

in this notice are intact and fully 

functioning or capable of being 

functional after refurbishment and that 

the used CRTs will be reused or 

refurbished and reused. 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.’’ 

CRT exporters who export used, intact 

CRTs for reuse must comply with the 

revised notification requirements at 

§ 261.41 as of the effective date of the 

rule, regardless of whether or not they 

have already submitted a one-time 

notification under the previous 

requirements. 

Response to Comments 

Comment: One commenter supported 

the proposed changes to the notification 

for used, intact CRTs sent for reuse. 

Response: The Agency agrees with the 

commenter. 

Comment: Two commenters opposed 

the proposed changes arguing that used, 

intact CRTs intended for reuse are not 

being discarded and thus are not solid 

and hazardous wastes subject to EPA 

jurisdiction. These commenters believe 

that EPA does not have authority to 

impose the additional notification 

conditions on used, intact CRTs 

exported for reuse as these are products, 

not solid wastes. Additionally, these 

commenters argued that EPA should 

enforce against bad actors and not 

impose further regulation on companies 

that are complying with the RCRA 

regulations. 

Response: EPA disagrees with these 

commenters who argued that the 

revisions to the notification exceed 

EPA’s authority under RCRA. In fact, 

EPA has concluded that our authority to 

request such information is inherent in 

our authority to determine whether a 

material is discarded. 

The Agency notes that used, intact 

CRTs exported for reuse can be identical 

in appearance to those exported for 

recycling. In addition, information in 

the record, both for this rulemaking and 

for the 2006 CRT rulemaking, shows 

that exported electronics for alleged 

reuse may not in fact be handled as 

valuable commodities in foreign 

countries.8 Consequently, EPA has 

determined that the information 

required in today’s notification is 

necessary to help ensure that the used, 

intact CRTs are actually reused abroad, 

and are not recycled (or disposed). 

We consider the specific information 

required in today’s notification to be the 

minimum information needed to enable 

credible evaluation of the status of 

hazardous secondary materials under 

section 3007 of RCRA and to ensure 

proper management of these materials. 

EPA further believes that RCRA section 

3007 allows us to gather information 

about any material when we have 

reason to believe that it may be a solid 

waste and possibly a hazardous waste 

within the meaning of RCRA section 

1004(5). Section 2002 also gives EPA 

authority to issue regulations necessary 

to carry out the purposes of RCRA. 

The intent of this notification is to 

provide basic information to EPA about 

who will be exporting used, intact CRTs 

for reuse. The specific information 

included in the notification will enable 

regulatory agencies to monitor 

compliance adequately and to ensure 

used, intact CRTs are reused and not 

discarded. The information will enable 

better reporting by EPA in response to 

information requests from receiving 

countries and other interested parties 

regarding exports of used, intact CRTs 

for reuse. This information will, in turn, 

enable effective compliance monitoring 

by EPA and in those countries which 

receive such CRTs for reuse, which 

decreases the risk of potential 

mismanagement of the materials. 

Comment: One commenter indicated 

that the CRT exporter may not know 

certain information required in the 

notification. For example, this 

commenter believed that CRT exporters 

may not know information about the 

transit countries and the length of time 

spent in each country because the 

transportation process is under control 

of the transporter. Additionally, this 

commenter believed that the ‘‘name and 

address of the ultimate destination 

facility or facilities where the CRTs will 

be reused and the estimated quantity of 

CRTs sent to each facility’’ would be 

difficult for the CRT exporter to provide 

because the destination facility may be 

a distribution or sales entity, which sells 

the CRTs into the local market, but does 

not itself use them. Thus, the 

commenter argued that it is not practical 

for the exporter to identify all of the 

potential customers who might 

purchase and use the CRTs. 

Response: Regarding the comment on 

transit countries, EPA understands that 

some uncertainty is inherent in a 

notification that estimates used, intact 

CRTs exported for reuse over a 12- 

month or lesser period. Though the CRT 

exporter may not know exact 

information about transportation 

activities that have yet to occur, 

including the time spent in each transit 

country, the Agency believes it is 

important that the CRT exporter provide 

this information to the best of its ability, 

in an effort to give the transit country 

(and EPA) information regarding such 

shipments. The Agency expects that the 

CRT exporter would have at least 

general knowledge with regard to 

anticipated shipment and arrival dates 

which would allow the exporter to 

estimate such information. However, 

CRT exporters can work with 

transporters to compile such 

information and develop reasonable 

estimates needed to complete the 

notification. 

Regarding the ultimate destination 

facility, EPA agrees with the commenter 

that it is not practical for the exporter 

to identify all of the potential customers 

who might purchase and reuse the CRTs 

and, in fact, EPA is not looking for the 

CRT exporter to identify all potential 

customers in the export notification. 

Rather, when requiring the ‘‘ultimate 

destination facility or facilities where 

the CRTs will be reused,’’ EPA means 

for CRT exporters to identify the facility 

or facilities that will be refurbishing the 

CRTs or receiving the CRTs to be 

distributed or sold for reuse. To clarify 

this issue, EPA has modified the 

language of the requirement to require 

‘‘the name and address of the ultimate 

destination facility or facilities where 

the CRTs will be reused, refurbished, 

distributed or sold for reuse. . . .’’ 

Comment: One commenter argued 

that the proposed certification language 

in the notification for used, intact CRTs 

exported for reuse (i.e., ‘‘the CRTs 

described in this notice are fully 

functioning or capable of being 

functional after refurbishment’’) is too 

broad. Specifically, this commenter 

argued that nearly any CRT could be 

exported under the standard ‘‘capable of 

being functional after refurbishment.’’ 

Response: EPA agrees with this 

commenter that the proposed 

certification language could be clearer 

regarding the standard for used, intact 

CRTs exported for reuse. Therefore, EPA 

has amended the proposed certification 

language to read ‘‘that the CRTs 


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described in this notice are intact and 

fully functioning or capable of being 

functional after refurbishment and that 

the used CRTs will be reused or 

refurbished and reused. . . .’’ EPA 

believes that the addition of ‘‘are intact’’ 

makes it clear that broken CRTs would 

not meet this standard and thus could 

not be exported for reuse. EPA also 

notes that CRT exporters, including 

exporters that do not have physical 

access to the CRTs, such as a broker or 

intermediary, are responsible for 

ensuring that the used CRTs are intact 

and fully functioning or capable of 

being functional after refurbishment and 

that the used CRTs will be reused or 

refurbished and reused. 

Additionally, EPA affirms that 

persons notifying that they are exporting 

used, intact CRTs for reuse, but whose 

CRTs are subsequently not reused, but 

recycled or disposed, may be subject to 

enforcement action under RCRA section 

3008(a) for violations of the hazardous 

waste requirements occurring from the 

time the hazardous secondary materials 

are generated through the time they are 

ultimately disposed or recycled. The 

Agency affirms that § 261.2(f) applies to 

claims that hazardous secondary 

materials are not solid waste or are 

conditionally exempt from regulation. 

Respondents in enforcement actions 

should be prepared to demonstrate that 

there is a known market (for reuse of the 

used, intact CRTs) and that they are 

meeting the terms of the exclusion. 

Comment: One commenter agreed that 

notifications for CRTs exported for reuse 

should be sent to the same EPA office 

which receives notifications for CRTs 

exported for recycling. 

Response: EPA agrees with this 

comment and thus, the final rule 

requires all notifications to export CRTs, 

whether for reuse or recycling, must be 

sent to EPA’s Office of Enforcement and 

Compliance Assurance. 

E. Revision to the Normal Business 

Records Provision for Used CRTs 

Exported for Reuse 

Under § 261.41(b), persons who 

export CRTs for reuse must keep copies 

of normal business records, such as 

contracts, demonstrating that each 

shipment of CRTs that are exported will 

be reused. The documentation must be 

retained for a period of at least three 

years from the date the CRTs were 

exported. In the March 2012 proposal, 

EPA requested comment regarding 

whether to require persons who export 

used, intact 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. 

EPA believes that requiring CRT 

exporters to provide an English 

translation of normal business records 

upon request by EPA is inherent in the 

demonstration that each shipment of 

used, intact CRTs will be reused. 

English translation will also assist with 

compliance monitoring of this 

provision. Therefore, EPA is amending 

the condition at § 261.41(b) to read: 

‘‘CRT exporters of used, intact CRTs 

sent for reuse must keep copies of 

normal business records, such as 

contracts, demonstrating that each 

shipment of exported used, intact CRTs 

will be reused. This documentation 

must be retained for a period of at least 

three years from the date the CRTs were 

exported. If the documents are written 

in a language other than English, CRT 

exporters of used, intact CRTs sent for 

reuse must provide both the original, 

non-English version of the normal 

business records as well as a third-party 

translation of the normal business 

records into English within 30 days 

upon request by EPA.’’ 

Response to Comments 

Comment: One commenter supported 

requiring persons who export used, 

intact CRTs for reuse to provide thirdparty translation of documents into 

English. 

Response: EPA agrees with this 

commenter and thus has finalized such 

a condition in today’s rule at 

§ 261.41(b). 

VII. Response to Other Requests for 

Comment in the March 2012 Proposed 

Rule 

EPA also requested comment on 

several other issues in the March 2012 

proposed rule, including (1) whether to 

require exporters of CRTs for reuse to 

include with all shipments a copy of the 

notification submitted pursuant to 

§ 261.41; (2) whether to require specific 

types of documents to be retained by 

exporters of used, intact CRTs for reuse, 

including contracts, invoices, and/or 

shipping documents; (3) 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; (4) whether to 

require persons who export used, intact 

CRTs for reuse to submit annual reports 

like those proposed for persons who 

export CRTs for recycling; and (5) 

whether ‘‘bare’’ CRTs (used, 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) are likely to be 

exported for recycling rather than for 

reuse and whether the regulation needs 

to be modified to reflect this situation. 

Response to Comments 

Comment: Whether the actual 

notification should accompany 

shipments of CRTs exported for reuse, 

one commenter argued that under the 

Basel Convention, all shipments of used 

CRTs exported for recycling and reuse 

(unless tested as fully functional) must 

be accompanied by a movement 

document. 

Response: Although EPA has 

considered whether this would be 

helpful to officials of U.S. Customs who 

would be examining a shipment, EPA is 

not finalizing this condition because we 

do not believe it would serve much 

purpose, especially since notices for 

exports of used CRTs for reuse involve 

no consent or terms of consent by the 

importing country, and thus, we do not 

believe an accompanying notice is 

necessary for protection of human 

health and the environment. We would 

also note that while the United States is 

a signatory to the Basel Convention, the 

United States is not a party to the Basel 

Convention. 

Comment: Whether to require specific 

types of documents to be retained by 

exporters of used, intact CRTs for reuse, 

one commenter argued that documents 

for CRTs exported for reuse should be 

retained for three years and include all 

invoices with brokers and shippers, as 

well as all bills of lading, including 

shipping container numbers. 

Response: EPA has decided not to 

require the CRT exporter to retain 

specific types of documents because the 

Agency expects that the normal 

business records for used, intact CRTs 

sent for reuse, which the CRT exporter 

is required to maintain for three years 

under § 261.41(b), would likely contain 

the appropriate information for meeting 

the condition. Examples of normal 

business records include contracts, 

invoices, and bills of lading. 

Comment: 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, one commenter argued that 

EPA should require that broken 

equipment be returned to the sender. 

Response: EPA has decided not to 

finalize specific regulatory conditions 

for used, intact CRTs that become 

damaged in transit. CRTs that are 

exported for reuse and subsequently 

become damaged in transit to the extent 

that the importing facility in the 


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9EPA 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. 

receiving country determines that the 

CRTs cannot be reused would typically 

be returned to the CRT exporter. To the 

extent that CRT export shipments for 

reuse will regularly and predictably 

include a percentage that ultimately 

need to be recycled, the original notice 

for reuse would not cover any 

subsequent shipping of damaged CRTs 

to a recycling facility in that country. 

Unless the damaged CRTs are sent back 

to the exporter for management in the 

U.S., the exporter would need to submit 

a notice to EPA to export a specified 

amount of used CRTs for recycling at 

the recycling destination facility in the 

destination country in order to obtain 

consent from the country of import prior 

to sending any of the unusable CRTs 

from the reuse/refurbishment site to that 

recycling destination facility. 

Comment: Whether to require persons 

who export used, intact CRTs for reuse 

to submit annual reports like those 

proposed for persons who export CRTs 

for recycling, one commenter argued 

that annual reports for CRTs exported 

for reuse were not necessary if the 

reporting was conducted in accordance 

with the Basel Convention. 

Response: EPA has decided not to 

finalize a requirement that annual 

reports be submitted by CRT exporters 

who export CRTs for reuse. The export 

provisions for used, intact CRTs 

exported for reuse are quite different 

from the export provisions for used 

CRTs exported for recycling. 

Specifically, used CRTs exported for 

recycling must comply with the 

notification and consent procedures. In 

this case, the annual report is needed to 

ensure that CRTs were exported 

according to the terms approved by the 

receiving country. However, used, intact 

CRTs exported for reuse must submit a 

notification only and do not need 

consent of the receiving country. Thus, 

the Agency does not believe that the 

submission of such an annual report for 

CRTs exported for reuse is needed and 

would impose burden on the CRT 

exporter. We would also note that while 

the United States is a signatory to the 

Basel Convention, the United States is 

not a party to the Basel Convention. 

Comment: Whether ‘‘bare’’ CRTs are 

likely to be exported for recycling rather 

than reuse and whether the regulation 

needs to be modified to reflect this 

situation, one commenter indicated that 

if EPA were to make any rule changes, 

the change should be flexible to allow 

for a recycler to determine the end use 

of the ‘‘bare’’ CRT and not be bound by 

one or the other. 

Response: EPA is not making any 

regulatory changes pertaining to the 

issue of ‘‘bare’’ CRTs. Upon further 

consideration, EPA continues to believe 

that ‘‘bare’’ CRTs (meaning intact CRTs 

that are removed from the monitor 

while the vacuum is still intact) are 

more product-like than waste-like, that 

is, bare CRTs more closely resemble 

functional CRTs as opposed to broken 

CRTs or CRTs that must be recycled. 

Therefore, if ‘‘bare’’ CRTs are exported 

for reuse, they would not be considered 

subject to the export conditions of 

§ 261.39(a)(5) (export provisions for 

CRTs exported for recycling), but rather 

would be subject to the export 

requirements of § 261.41 (export 

provisions for CRTs exported for reuse). 

VIII. State Authorization 

A. Applicability of Rules in Authorized 

States 

Under section 3006 of RCRA, EPA 

may authorize qualified states to 

administer the RCRA Subtitle C 

hazardous waste program within the 

state. Following authorization, the 

authorized state program operates in 

lieu of the federal regulations. EPA 

retains enforcement authority to enforce 

the authorized state Subtitle C program, 

although authorized states have primary 

enforcement authority. EPA also retains 

its authority under RCRA sections 3007, 

3008, 3013, 3017, and 7003. The 

standards and requirements for state 

authorizations 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. EPA did not issue 

permits for any facilities in that state, 

since the state was now 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 requirements did not take effect in 

an authorized state until the state 

adopted the equivalent state 

requirements. 

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. While states must 

still adopt HSWA related provisions as 

state law to retain final authorization, 

EPA implements the HSWA provisions 

in authorized states, including the 

issuance of any permits pertaining to 

HSWA requirements, until the state is 

granted authorization to do so. 

Authorized states are required to 

modify their programs only when EPA 

promulgates federal requirements that 

are more stringent or broader in scope 

than existing federal requirements.9

RCRA section 3009 allows the states to 

impose standards more stringent than 

those in the federal program (see 

§ 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 

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 

today’s rule, state programs are still 

required to adopt provisions in today’s 

rule that are more stringent than 

existing federal requirements to 

maintain their equivalency with the 

federal program. Today’s final rule 

contains amendments to §§ 261.39 and 

261.41 that are more stringent. 

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, 

are required to adopt these 

amendments. In addition, EPA strongly 

encourages states to incorporate all 

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 

Organization for Economic Cooperation 

and Development (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 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 


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Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations 36229 

international references with state 

terms. 

IX. Administrative Requirements for 

This Rulemaking 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory 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 Revisions to the Export 

Provisions of the Cathode Ray Tube 

Final 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 are estimated to range 

from $9,777 to $17,362 per year. 

Additionally, CRT exporters will incur 

a one-time cost of $42,904 in the first 

year following promulgation of the rule 

to familiarize themselves with the new 

CRT rule requirements. 

B. Paperwork Reduction Act 

The information collection 

requirements in this rule will be 

submitted for approval to the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. The information collection 

requirements are not enforceable until 

OMB approves them. An information 

collection request (ICR) document 

prepared by EPA has been assigned EPA 

ICR number 2455.02 and OMB number 

2050–0208. 

EPA is finalizing revisions to the 

notifications under §§ 261.39 and 

261.41 that must be submitted to EPA 

when CRTs are exported for reuse or 

recycling. The purpose of these 

revisions is to address certain 

implementation concerns with the 

current export provisions of the CRT 

rule. 

Under today’s rule, EPA is requiring 

in the notification for CRTs exported for 

recycling 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. 

Additionally, EPA is requiring 

notifications for used, intact CRTs 

exported for reuse to be submitted to 

cover a 12-month or lesser period. EPA 

is also requiring additional items of 

information in the notice, including 

contact information about the exporter 

and the destination facility, the 

frequency or rate at which the CRTs 

would be exported, the estimated 

quantity of CRTs expected to be 

exported, transport information, and a 

description of the manner in which the 

used, intact CRTs will be reused in the 

receiving country. Furthermore, EPA is 

requiring the exporter to sign a 

certification statement that the CRTs are 

intact and fully functioning or capable 

of being functional after refurbishment 

and that the used CRTs will be reused 

or refurbished and reused. EPA believes 

that this 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 also finalizing a 

requirement that exporters of CRTs that 

are exported for recycling must submit 

an annual report to EPA that documents 

the actual quantity of CRTs in kilograms 

exported during the previous calendar 

year. This information will help ensure 

that the shipments occurred under the 

terms approved by the receiving country 

and enables 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 information 

collection requirements in today’s rule. 

EPA is confident that the recordkeeping 

and reporting activities required of 

respondents under today’s rule are 

necessary and, to the extent possible, 

has attempted to minimize the burden 

imposed. EPA believes strongly that if 

the minimum information collection 

requirements in today’s rule are not met, 

neither the facilities nor EPA can ensure 

that CRTs are managed in compliance 

with the regulations. 

EPA estimates the total annual 

respondent burden for the new 

paperwork requirements in the rule 

ranges from 247 to 278 hours, and the 

annual respondent cost for the new 

paperwork requirements is 

approximately $22,235 to $28,492. 

There are no capital or operations and 

maintenance costs expected for this 

collection. The estimated annual hourly 

burden ranges from 0.15 to 3.52 hours 

per response for the 152 respondents 

(depending on the type of notice and 

whether the respondent is an exporter of 

CRTs for reuse or recycling). The 

estimated total annual burden to EPA 

for administering the rule (e.g., received, 

review, and process information 

required under the final rule) ranges 

from 32 to 53 hours, with a cost of 

approximately $1,844 to $3,172. 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 in 40 

CFR are listed in 40 CFR part 9. When 

this ICR is approved by OMB, the 

Agency will publish a technical 

amendment to 40 CFR part 9 in the 

Federal Register to display the OMB 

control number for the approved 

information collection requirements in 

this final rule. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

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 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 final 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 final rule are individual CRT 

exporters. We have determined that 

approximately 152 CRT exporters will 

experience an impact of less than 0.1 

percent of annual sales as a result of 

annual compliance costs of the rule. 

Although this final rule will not have 

a significant economic impact on a 

substantial number of small entities, 

EPA nonetheless has minimized the 

additional information considered 

necessary in order to reduce the impact 

of this rule on small entities. 


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36230 Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations 

D. Unfunded Mandates Reform Act 

(UMRA) 

This rule 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. 

The total costs of this rule for CRT 

exporters and EPA are estimated to 

range from $9,777 to $17,362. Because 

these direct costs are well below the 

$100 million annual direct cost 

threshold, this final rule is not subject 

to the requirements of sections 202 or 

205 of UMRA. 

This 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 final rule does not have federalism 

implications because state and local 

governments do not administer the 

import/export 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 action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). 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 final rule is intended to improve 

regulatory efficiency and increase 

accountability among all parties 

associated with the export of used CRTs 

whether sent for recycling or 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 subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

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 action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 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 final 

rule will not have disproportionately 

high and 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 final rule is intended to 

improve regulatory efficiency and 

increase accountability among all 

parties associated with the export of 

used CRTs, whether for recycling or 

reuse. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This rule 

will be effective December 26, 2014. 

List of Subjects 

40 CFR Part 260 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Reporting and 

recordkeeping requirements. 

40 CFR Part 261 

Environmental protection, Hazardous 

waste, Recycling, Reporting and 

recordkeeping requirements. 

Dated: June 18, 2014. 

Gina McCarthy, 

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 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, 6935, 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. 

* * * * * 


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Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations 36231 

CRT exporter means 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. 

* * * * * 

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 6838. 

Subpart A—General 

■ 4. Section 261.39 is amended by 

revising paragraph (a)(5)(i)(F) and 

adding paragraphs (a)(5)(x) and (a)(5)(xi) 

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 used 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, an 

annual 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 used 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 CRT 

exporter that 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 this 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 

(a)(5)(ii) of this section. Exporters must 

keep copies of each annual report for a 

period of at least three years from the 

due date of the report. 

* * * * * 

■ 5. Section 261.41 is revised 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. 

(1) The notification must be in 

writing, signed by the exporter, and 

include the following information: 

(i) Name, mailing address, telephone 

number, and EPA ID number (if 

applicable) of the exporter of the used, 

intact CRTs; 

(ii) The estimated frequency or rate at 

which the used, intact CRTs are to be 

exported for reuse and the period of 

time over which they are to be exported; 

(iii) The estimated total quantity of 

used, intact CRTs specified in 

kilograms; 

(iv) All points of entry to and 

departure from each transit country 

through which the used, intact CRTs 

will pass, a description of the 

approximate length of time the used, 

intact CRTs will remain in such 

country, and the nature of their 

handling while there; 

(v) A description of the means by 

which each shipment of the used, intact 

CRTs will be transported (e.g., mode of 

transportation vehicle (air, highway, 

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

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

(vi) The name and address of the 

ultimate destination facility or facilities 

where the used, intact CRTs will be 

reused, refurbished, distributed, or sold 

for reuse and the estimated quantity of 

used, intact CRTs to be sent to each 

facility, as well as the name of any 

alternate destination facility or facilities; 

(vii) A description of the manner in 

which the used, intact CRTs will be 

reused (including reuse after 

refurbishment) in the foreign country 

that will be receiving the used, intact 

CRTs; and 

(viii) A certification signed by the 

CRT exporter that states: 

‘‘I certify under penalty of law that 

the CRTs described in this notice are 

intact and fully functioning or capable 

of being functional after refurbishment 

and that the used CRTs will be reused 

or refurbished and reused. 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.’’ 

(2) Notifications submitted by mail 

should be sent to the following mailing 

address: Office of Enforcement and 

Compliance Assurance, Office of 

Federal Activities, International 

Compliance Assurance Division, (Mail 

Code 2254A), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460. Hand-delivered 

notifications should be sent to: Office of 

Enforcement and Compliance 

Assurance, Office of Federal Activities, 

International Compliance Assurance 

Division, (Mail Code 2254A), 

Environmental Protection Agency, 

William Jefferson Clinton Building, 

Room 6144, 1200 Pennsylvania Ave. 

NW., Washington, DC 20004. In both 

cases, the following shall be 

prominently displayed on the front of 

the envelope: ‘‘Attention: Notification of 

Intent to Export CRTs.’’ 

(b) CRT exporters of used, intact CRTs 

sent for reuse must keep copies of 

normal business records, such as 

contracts, demonstrating that each 

shipment of exported used, intact CRTs 

will be reused. This documentation 

must be retained for a period of at least 

three years from the date the CRTs were 

exported. If the documents are written 

in a language other than English, CRT 

exporters of used, intact CRTs sent for 

reuse must provide both the original, 

non-English version of the normal 

business records as well as a third-party 

translation of the normal business 

records into English within 30 days 

upon request by EPA. 

[FR Doc. 2014–14996 Filed 6–25–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1 and 43 

[WC Docket No. 11–10; FCC 13–87] 

Modernizing the FCC Form 477 Data 

Program 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 


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