37992 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 

§ 257.53 Definitions. 

* * * * * 

Active facility or active electric 

utilities or independent power 

producers means any facility subject to 

the requirements of this subpart that is 

in operation on October 19, 2015. An 

electric utility or independent power 

producer is in operation if it is 

generating electricity that is provided to 

electric power transmission systems or 

to electric power distribution systems 

on or after October 19, 2015. An off-site 

disposal facility is in operation if it is 

accepting or managing CCR on or after 

October 19, 2015. 

* * * * * 

Existing CCR landfill means a CCR 

landfill that receives CCR both before 

and after October 19, 2015, or for which 

construction commenced prior to 

October 19, 2015 and receives CCR on 

or after October 19, 2015. A CCR landfill 

has commenced construction if the 

owner or operator has obtained the 

federal, state, and local approvals or 

permits necessary to begin physical 

construction and a continuous on-site, 

physical construction program had 

begun prior to October 19, 2015. 

Existing CCR surface impoundment 

means a CCR surface impoundment that 

receives CCR both before and after 

October 19, 2015, or for which 

construction commenced prior to 

October 19, 2015 and receives CCR on 

or after October 19, 2015. A CCR surface 

impoundment has commenced 

construction if the owner or operator 

has obtained the federal, state, and local 

approvals or permits necessary to begin 

physical construction and a continuous 

on-site, physical construction program 

had begun prior to October 19, 2015. 

* * * * * 

Inactive CCR surface impoundment 

means a CCR surface impoundment that 

no longer receives CCR on or after 

October 19, 2015 and still contains both 

CCR and liquids on or after October 19, 

2015. 

* * * * * 

Lateral expansion means a horizontal 

expansion of the waste boundaries of an 

existing CCR landfill or existing CCR 

surface impoundment made after 

October 19, 2015. 

* * * * * 

New CCR landfill means a CCR 

landfill or lateral expansion of a CCR 

landfill that first receives CCR or 

commences construction after October 

19, 2015. A new CCR landfill has 

commenced construction if the owner or 

operator has obtained the federal, state, 

and local approvals or permits 

necessary to begin physical construction 

and a continuous on-site, physical 

construction program had begun after 

October 19, 2015. Overfills are also 

considered new CCR landfills. 

New CCR surface impoundment 

means a CCR surface impoundment or 

lateral expansion of an existing or new 

CCR surface impoundment that first 

receives CCR or commences 

construction after October 19, 2015. A 

new CCR surface impoundment has 

commenced construction if the owner or 

operator has obtained the federal, state, 

and local approvals or permits 

necessary to begin physical construction 

and a continuous on-site, physical 

construction program had begun after 

October 19, 2015. 

* * * * * 

■ 3. Section 257.83 is amended by 

revising paragraph (b)(3)(i) to read as 

follows: 

§ 257.83 Inspection requirements for CCR 

surface impoundments. 

* * * * * 

(b) * * * 

(3) * * * (i) Existing CCR surface 

impoundments. The owner or operator 

of the CCR unit must complete the 

initial inspection required by 

paragraphs (b)(1) and (2) of this section 

no later than January 19, 2016. 

* * * * * 

■ 4. Section 257.84 is amended by 

revising paragraph (b)(3)(i) to read as 

follows: 

§ 257.84 Inspection requirements for CCR 

landfills. 

* * * * * 

(b) * * * 

(3) * * * (i) Existing CCR landfills. 

The owner or operator of the CCR unit 

must complete the initial inspection 

required by paragraphs (b)(1) and (2) of 

this section no later than January 19, 

2016. 

* * * * * 

[FR Doc. 2015–15913 Filed 7–1–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 262 

[EPA–HQ–RCRA–2005–0018; FRL–9929–93– 

OSWER] 

Transboundary Shipments of 

Hazardous Wastes Between OECD 

Member Countries: Revisions to the 

List of OECD Member Countries 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA or the Agency) 

is amending certain existing regulations 

that apply to the transboundary 

movement of hazardous waste among 

the Organization for Economic 

Cooperation and Development (OECD) 

Member countries as promulgated under 

the hazardous waste provisions of the 

Resource Conservation and Recovery 

Act (RCRA). Specifically, EPA is 

updating the list of OECD member 

countries to add Estonia, Israel, and 

Slovenia. This amendment is necessary 

to accurately reflect the change in OECD 

Member countries that have 

implemented OECD Decision 

C(2001)107 and can trade hazardous 

wastes for recovery operations with 

other OECD countries under the 

procedure set forth in that Decision. 

DATES: This final rule is effective on July 

2, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–RCRA–2005–0018. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA/DC, WJC 

West Building, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

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

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the RCRA 

Docket is (202) 566–0270. 

FOR FURTHER INFORMATION CONTACT: 

Karen Swetland, U.S. Environmental 

Protection Agency, Office of Resource 

Conservation and Recovery, (MC: 

5304P), 1200 Pennsylvania Avenue 

NW., Washington, DC, 20460, Phone: 

703–308–8421; or by email: 

swetland.karen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action applies to all persons who 

export or import hazardous waste, 

export or import universal waste, or 

export spent lead-acid batteries destined 

for recovery operations in OECD 

Member countries, except for Mexico 


asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 37993 

and Canada. Any transboundary 

movement of hazardous wastes between 

the United States and either Mexico or 

Canada will continue to be governed (or 

addressed) by their respective bilateral 

agreements and applicable regulations. 

Potentially affected entities may 

include, but are not limited to: 

Industry sector NAICS Code 

Utilities .................................. 221100 

Petroleum and Coal Products Manufacturing ............ 324 

Chemical Manufacturing ....... 325100 

Primary Metal Manufacturing 331 

Fabricated Metal Product 

Manufacturing ................... 332 

Machinery Manufacturing ..... 333 

Computer and Electronic 

Product Manufacturing ...... 334110 

Electrical Equipment, Appliance, and Component 

Manufacturing ................... 335 

Transportation Equipment 

Manufacturing ................... 336 

Miscellaneous Manufacturing 339900 

Scrap and Waste Materials .. 423930 

Material Recovery Facilities 562920 

This list is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this section could 

also be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

B. How can I get copies of this document 

and other related information? 

The current information is as follows: 

• Docket ID No. EPA–HQ–RCRA– 

2005–0018. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

II. What does this amendment do? 

This amendment updates the list of 

OECD member countries that have 

implemented OECD Decision 

C(2001)107 and can trade hazardous 

wastes for recovery operations with 

other OECD countries under the 

procedure set forth in that Decision. On 

January 8, 2010, EPA published a final 

rule in the Federal Register (75 FR 

1236), revising Agency regulations 

including provisions on the 

transboundary movement of hazardous 

waste for recovery operations among 

OECD Member countries. In that final 

rule, EPA identified thirty OECD 

Member countries (including Canada 

and Mexico). That document was 

accurate and current at the time of 

publication; however, Estonia, Israel, 

and Slovenia have since joined the 

OECD and implemented OECD Decision 

C(2001)107. As an OECD Member 

country, the United States, is legally 

obligated to implement OECD Decisions 

with respect to all OECD Member 

countries. Therefore, EPA is adding 

Estonia, Israel, and Slovenia to update 

the list of countries in 40 CFR part 

262.58(a)(1). 

III. Why is this amendment issued as a 

final rule? 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(3)(B), provides that, when an 

Agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary or contrary to the public 

interest, the Agency may issue a final 

rule without providing notice and an 

opportunity for public comment. EPA 

believes notice and an opportunity for 

comment on this amendment to 

§ 262.58(a)(1) to reflect updates to the 

list of OECD Member countries would 

be unnecessary, because the United 

States, as an OECD Member country, is 

legally obligated to implement OECD 

Decision C(2001)107 with respect to all 

OECD Member countries, which now 

include the addition of Estonia, Israel 

and Slovenia. Thus, EPA must amend 

its OECD regulations to add these three 

countries, and any public comment 

would be unnecessary for these 

particular amendments because EPA 

does not have any discretion as to 

which OECD countries its regulations 

must include. EPA finds that this 

situation constitutes good cause under 5 

U.S.C. 553(b)(3)(B). 

IV. Do any of the statutory and 

executive order reviews apply to this 

action? 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993) and Executive 

Order 13563 (76 FR 3821, January 21, 

2011), this action is not a ‘‘significant 

regulatory action’’ and is therefore not 

subject to OMB review. 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 

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. 

A. Congressional Review Act 

This action is subject to the 

Congressional Review Act (CRA), and 

the EPA will submit a rule report to 

each House of Congress and to the 

Comptroller General of the United 

States. The CRA allows the issuing 

agency to make a rule effective sooner 

than otherwise provided by the CRA if 

the agency makes a good cause finding 

that notice and comment rulemaking 

procedures are impracticable, 

unnecessary or contrary to the public 

interest (5 U.S.C. 808(2)). The EPA has 

made a good cause finding for this rule 

as discussed in Section III of the 

preamble, including the basis for that 

finding. 

List of Subjects in 40 CFR Part 262 

Environmental protection, Exports, 

Hazardous materials transportation, 

Hazardous waste, Imports, Labeling, 

Packaging and containers, Reporting 

and recordkeeping requirements. 

Dated: June 22, 2015. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

For the reasons stated in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended as 

follows: 


asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
37994 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 

PART 262—STANDARDS APPLICABLE 

TO GENERATORS OF HAZARDOUS 

WASTE 

■ 1. The authority citation for Part 262 

continues to read as follows: 

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

6925, 6937, and 6938. 

■ 2. Amend § 262.58 by revising 

paragraph (a)(1) to read as follows: 

§ 262.58 International agreements. 

(a) * * * 

(1) For the purposes of subpart H, the 

designated OECD Member countries 

consist of Australia, Austria, Belgium, 

the Czech Republic, Denmark, Estonia, 

Finland, France, Germany, Greece, 

Hungary, Iceland, Ireland, Israel, Italy, 

Japan, Luxembourg, the Netherlands, 

New Zealand, Norway, Poland, 

Portugal, the Republic of Korea, the 

Slovak Republic, Slovenia, Spain, 

Sweden, Switzerland, Turkey, the 

United Kingdom, and the United States. 

* * * * * 

[FR Doc. 2015–16400 Filed 7–1–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 761 

[EPA–HQ–RCRA–2011–0524; FRL_9929–92– 

OSWER] 

Polychlorinated Biphenyls (PCBs): 

Revisions to Manifesting Regulations; 

Item Number 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA or the Agency) 

is issuing a technical amendment to 

correct references in the regulations to 

the item number for the Special 

Handling Instructions Box on the 

manifest form (EPA Form 8700–22). 

This document is being issued to amend 

the regulations by correcting these 

references. 

DATES: This final rule is effective on July 

2, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–RCRA–2011–0524. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA/DC, WJC 

West Building, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

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

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the RCRA 

Docket is (202) 566–0270. 

FOR FURTHER INFORMATION CONTACT: 

Karen Swetland, U.S. Environmental 

Protection Agency, Office of Resource 

Conservation and Recovery, (MC: 

5304P), 1200 Pennsylvania Avenue 

NW., Washington, DC, 20460, Phone: 

703–308–8421; or by email: 

swetland.karen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action applies to generators, 

transporters, and designated facilities 

(off-site disposal and commercial 

storage facilities) managing PCB wastes. 

Potentially affected categories and 

entities include, but are not necessarily 

limited to: 

NAICS Description NAICS 

Code Examples of potentially affected entities 

Electric Power Distribution ............................................................ 221122 Generators of PCB waste. 

Transportation and Warehousing .................................................. 48–49 Transportation of PCB waste. 

Waste Management and Remediation Services .......................... 562 Facilities that manage PCB waste. 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this section could 

also be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

40 Code of Federal Regulations (CFR) 

part 761. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

B. How can I get copies of this document 

and other related information? 

The current information is as follows: 

• Docket ID No. EPA–HQ–RCRA– 

2011–0524. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

II. What does this correction do? 

This technical amendment is being 

issued to correct the item number 

reference for the Special Handling 

Instructions Box in 40 CFR part 

761.207(a)(1), (2), and (3). EPA 

published a document in the Federal 

Register on September 6, 2012 (77 FR 

54818), revising Agency regulations. 

That document incorrectly referenced 

Item 15 to identify the Special Handling 

Instructions box on EPA Form 8700–22. 

This technical amendment is being 

issued to amend the final rule by 

revising § 761.207(a)(1), (2), and (3) to 

correctly identify the item number as 

14. 

III. Why is this correction issued as a 

final rule? 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(3)(B), provides that, when an 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a final 

rule without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making this technical amendment 

final without prior proposal and 

opportunity for comment, because EPA 

is merely correcting information that 

was referenced incorrectly in the 

previously published final rule. EPA 


asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER