38262 Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 261 and 262 

[FRL–9981–90–OLEM] 

Address Change for Waste ImportExport Submittals From the Office of 

Federal Activities to the Office of 

Resource Conservation and Recovery 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is making 

conforming changes to the EPA office 

and address to which paper documents 

concerning imports and exports of 

hazardous waste and conditionally 

excluded cathode ray tubes must be 

sent. The change in address is needed 

to reflect the reorganization of 

hazardous waste import-export 

functions on April 29, 2018, from the 

Office of Federal Activities’ 

International Compliance Assurance 

Division, in EPA’s Office of 

Enforcement and Compliance 

Assurance, to the International Branch 

within the Office of Resource 

Conservation and Recovery’s Materials 

Recovery and Waste Management 

Division, in EPA’s Office of Land and 

Emergency Management. The change in 

address will ensure that such paper 

documents will continue to be received 

by the appropriate personnel in a timely 

manner. 

DATES: This rule is effective on August 

6, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Laura Coughlan, Materials Recovery and 

Waste Management Division, Office of 

Resource Conservation and Recovery 

(5304P), Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW, Washington, DC 20460; telephone 

number: (703) 308–0005; email address: 

coughlan.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action relates to the internal 

reorganization of the EPA. It provides 

notice directed to the public in general 

and has particular applicability to 

anyone who wants to communicate with 

the EPA office responsible for hazardous 

waste import-export functions, or to 

submit information concerning imports 

and exports of hazardous waste or 

export of conditionally excluded 

cathode ray tubes to the Agency. If you 

have any questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. How can I get additional information, 

including copies of this document or 

other related information? 

To obtain electronic copies of this 

document and other related information 

that is available electronically, please 

visit www.epa.gov/hwgenerators. 

II. Background 

A. What action is the Agency taking? 

This action makes conforming 

changes to the EPA office and address 

to which paper documents concerning 

imports and exports of hazardous waste 

and conditionally excluded cathode ray 

tubes must be sent. The notice changes 

the addresses for U.S. postal service 

delivery and courier hand delivery of 

submittals listed in 40 CFR 

261.39(a)(5)(xi), 40 CFR 261.41(a)(2), 

and 40 CFR 262.82(e) from those of the 

Office of Federal Activities’ 

International Compliance Assurance 

Division, in EPA’s Office of 

Enforcement and Compliance 

Assurance, to those of the International 

Branch within the Office of Resource 

Conservation and Recovery’s Materials 

Recovery and Waste Management 

Division, in EPA’s Office of Land and 

Emergency Management. The change in 

listed addresses is needed to reflect the 

reorganization of hazardous waste 

import-export functions on April 29, 

2018, from the Office of Federal 

Activities’ International Compliance 

Assurance Division, in EPA’s Office of 

Enforcement and Compliance 

Assurance, to the International Branch 

within the Office of Resource 

Conservation and Recovery’s Materials 

Recovery and Waste Management 

Division, in EPA’s Office of Land and 

Emergency Management. The change in 

address will ensure that such paper 

documents will continue to be received 

by the appropriate personnel in a timely 

manner. 

B. What is the Agency’s authority for 

taking this action? 

The EPA is issuing this document 

under its general rulemaking authority, 

Reorganization Plan No. 3 of 1970 (5 

U.S.C. app.). Section 553 of the 

Administrative Procedure Act (APA), 5 

U.S.C. 553(b)(3)(A), provides that ‘‘rules 

of agency organization, procedure, or 

practice’’ are exempt from notice and 

comment requirements. This exemption 

applies to this action. Accordingly, EPA 

is not taking comment on this action. 

In addition, under the good cause 

exemption in Section 553(d)(3), the EPA 

is publishing and making this rule 

immediately effective. A 30-day delay in 

the rule’s effectiveness is unnecessary 

for updating an EPA office and mailing 

address; a delay would be contrary to 

public interest because it could create a 

short period of public confusion. 

III. Do any of the Statutory and 

Executive Order Reviews apply to this 

action? 

This final rule revises the EPA office 

and address listed in the regulations to 

reflect the reorganization of hazardous 

waste import-export functions from one 

of the EPA’s offices to another of the 

EPA’s offices, and does not otherwise 

impose or change any requirements. 

This action is not a ‘‘significant 

regulatory action’’ and is therefore not 

subject to OMB review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). In addition, this action 

is not considered an Executive Order 

13771 (82 FR 9339, February 3, 2017) 

regulatory action, because this action is 

not significant under Executive Order 

12866. Because this action is not subject 

to notice and comment requirements 

under the Administrative Procedure Act 

or any other statute, it is not subject to 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.) or Sections 202 and 205 of 

the Unfunded Mandates Reform Act of 

1999 (UMRA) (Pub. L. 104–4). In 

addition, this action does not 

significantly or uniquely affect small 

governments. This action does not 

create new binding legal requirements 

that substantially and directly affect 

tribes under Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action does not have significant 

federalism implications under Executive 

Order 13132 (64 FR 43255, August 10, 

1999). Because this final rule has been 

exempted from review under Executive 

Order 12866, this final rule is not 

subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This final rule does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA), 44 

U.S.C. 3501 et seq., nor does it require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). This action does not involve 


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Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Rules and Regulations 38263 

technical standards; thus, the 

requirements of Section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

The Congressional Review Act (CRA), 

5 U.S.C. 801 et seq., generally provides 

that before certain actions may take 

effect, the agency promulgating the 

action must submit a report, which 

includes a copy of the action, to each 

House of the Congress and to the 

Comptroller General of the United 

States. This final action is exempt from 

the CRA because it is a rule relating to 

agency management or personnel and a 

rule of agency organization, procedure 

or practice that does not substantially 

affect the rights or obligations of nonagency parties. 

List of Subjects 

40 CFR Part 261 

Environmental protection, Hazardous 

waste, Recycling, Reporting and 

recordkeeping requirements. 

40 CFR Part 262 

Environmental protection, Exports, 

Hazardous materials transportation, 

Hazardous waste, Imports, Labeling, 

Packaging and containers, Reporting 

and recordkeeping requirements. 

Dated: July 26, 2018. 

Barry N. Breen, 

Acting Assistant Administrator, Office of 

Land and Emergency Management. 

For the reasons stated in the 

preamble, EPA amends title 40, chapter 

1 of the Code of Federal Regulations as 

follows: 

PART 261—IDENTIFICATION AND 

LISTING OF HAZARDOUS WASTE 

■ 1. 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. 

■ 2. In § 261.39, revise paragraph 

(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) * * * 

(xi) Prior to one year after the AES 

filing compliance date, annual reports 

must be sent to the following mailing 

address: Office of Land and Emergency 

Management, Office of Resource 

Conservation and Recovery, Materials 

Recovery and Waste Management 

Division, International Branch (Mail 

Code 2255A), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460. Hand-delivered 

annual reports on used CRTs exported 

during 2016 should be sent to: Office of 

Land and Emergency Management, 

Office of Resource Conservation and 

Recovery, Materials Recovery and Waste 

Management Division, International 

Branch (Mail Code 2255A), 

Environmental Protection Agency, 

William Jefferson Clinton South 

Building, Room 6144, 1200 

Pennsylvania Ave. NW, Washington, DC 

20004. Subsequently, annual reports 

must be submitted to the office listed 

using the allowable methods 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. Exporters may satisfy this 

recordkeeping requirement by retaining 

electronically submitted annual reports 

in the CRT exporter’s account on EPA’s 

Waste Import Export Tracking System 

(WIETS), or its successor system, 

provided that a copy is readily available 

for viewing and production if requested 

by any EPA or authorized state 

inspector. No CRT exporter may be held 

liable for the inability to produce an 

annual report for inspection under this 

section if the CRT exporter can 

demonstrate that the inability to 

produce the annual report is due 

exclusively to technical difficulty with 

EPA’s Waste Import Export Tracking 

System (WIETS), or its successor system 

for which the CRT exporter bears no 

responsibility. 

* * * * * 

■ 3. In § 261.41, revise paragraph (a)(2) 

to read as follows: 

§ 261.41 Notification and Recordkeeping 

for Used, Intact Cathode Ray Tubes (CRTs) 

Exported for Reuse. 

(a) * * * 

(2) Notifications submitted by mail 

should be sent to the following mailing 

address: Office of Land and Emergency 

Management, Office of Resource 

Conservation and Recovery, Materials 

Recovery and Waste Management 

Division, International Branch (Mail 

Code 2255A), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460. Hand-delivered 

notifications should be sent to: Office of 

Land and Emergency Management, 

Office of Resource Conservation and 

Recovery, Materials Recovery and Waste 

Management Division, International 

Branch (Mail Code 2255A), 

Environmental Protection Agency, 

William Jefferson Clinton South 

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.’’ 

* * * * * 

PART 262—STANDARDS APPLICABLE 

TO GENERATORS OF HAZARDOUS 

WASTE 

■ 4. The authority citation for part 262 

continues to read as follows: 

Authority: 42 U.S.C 6906, 6912, 6922– 

6925, 6937, 6938 and 6939g. 

■ 5. In § 262.82, revise paragraphs (e)(1) 

and (2) to read as follows: 

§ 262.82 General conditions. 

* * * * * 

(e) * * * 

(1) For postal mail delivery, the Office 

of Land and Emergency Management, 

Office of Resource Conservation and 

Recovery, Materials Recovery and Waste 

Management Division, International 

Branch (Mail Code 2255A), 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460. 

(2) For hand-delivery, the Office of 

Land and Emergency Management, 

Office of Resource Conservation and 

Recovery, Materials Recovery and Waste 

Management Division, International 

Branch (Mail Code 2255A), 

Environmental Protection Agency, 

William Jefferson Clinton South 

Building, Room 6144, 1200 

Pennsylvania Ave. NW, Washington, DC 

20004. 

[FR Doc. 2018–16774 Filed 8–3–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9980– 

82—Region 10] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Frontier Hard Chrome, Inc. 

Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 10 announces the 

deletion of the Frontier Hard Chrome, 

Inc. (FHC) Superfund Site (Site) located 

in Vancouver, Washington, from the 

National Priorities List (NPL). The NPL, 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 


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