MEMORANDUM

DATE:		January 24, 2015

TO:		Clean Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

FROM:	Howard J. Hoffman, EPA - OGC

SUBJECT:	November 26, 2014 Telephone Call with Professors Freeman and Lazarus Regarding Proposed Clean Power Plan for Existing Power Plants  --------------------------------------------------------------------------------

On November 26, 2014, Lorie Schmidt, Jonathan Skinner-Thompson, and Howard J. Hoffman of EPA-OGC met by telephone with Professors Jody Freeman and Richard Lazarus of Harvard Law School to discuss legal issues concerning the proposed Clean Power Plan for existing power plants.


Name:           FRY KEN
Title:
Organization:   CALOSHA CRANE UNIT
Date:           20020725
Address1:
Address2:
City:           ANAHEIM
State:          CA
Zip Code:       92806
Docket Number:  S030
Exhibit Number: 3-1
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Notice of intent to establish Negotiated Rulemaking Committee; request for nominees and comments.

The Occupational Safety and Health Administration is announcing its intent to establish a Cranes and Derricks Negotiated Rulemaking Advisory Committee (C-DAC) under the Negotiated Rulemaking Act (NRA) and the Federal Advisory Committee Act (FACA).  The Committee will negotiate issues associated with the development of a proposed revision of the existing construction safety standards for the cranes and derricks portion (1926.550) of 29 CFR 1926 Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors.  The Committee will include representatives of parties who would be significantly affected by the final rule.  OSHA solicits comments on the initiative and requests interested parties to nominate representatives for membership on C-DAC.

Please note that you may not attach materials such as studies or journal articles to your electronic comments.  If you wish to include such materials, you must submit three copies to the OSHA Docket Office, Docket No. S-030, US Department of Labor, Room N-2625, 200 Constitution Avenue, NW, Washington, DC 20210.

If you wish to submit a nomination or comment online, you may enter it into the box below.  If you are submitting a nomination, please read the Federal Register notice for a list of what is needed to complete the application.  Online comments or nominations must be received by September 16, 2002.

 California has a effective crane certification program at present


[Federal Register Volume 87, Number 93 (Friday, May 13, 2022)]
[Notices]
[Pages 29430-29432]
[FR Doc No: 2022-10277]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0108; FMCSA-2013-0442; FMCSA-2013-0443; FMCSA-
2014-0381; FMCSA-2015-0115; FMCSA-2015-0116; FMCSA-2015-0119; FMCSA-
2015-0320; FMCSA-2015-0321; FMCSA-2017-0181; FMCSA-2017-0253; FMCSA-
2017-0254; FMCSA-2018-0050; FMCSA-2018-0051; FMCSA-2019-0030; FMCSA-
2019-0034; FMCSA-2019-0036; FMCSA-2019-0206; FMCSA-2019-0211; FMCSA-
2019-0212; FMCSA-2020-0045; FMCSA-2020-0046]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice of renewal of exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew exemptions for 32
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before June 13,
2022.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0108, Docket No. FMCSA-
2013-0442, Docket No. FMCSA-2013-0443, Docket No. FMCSA-2014-0381,
Docket No. FMCSA-2015-0115, Docket No. FMCSA-2015-0116, Docket No.
FMCSA-2015-0119, Docket No. FMCSA-2015-0320, Docket No. FMCSA-2015-
0321, Docket No. FMCSA-2017-0181, Docket No. FMCSA-2017-0253, Docket
No. FMCSA-2017-0254, Docket No. FMCSA-2018-0050, Docket No. FMCSA-2018-
0051, Docket No. FMCSA-2019-0030, Docket No. FMCSA-2019-0034, Docket
No. FMCSA-2019-0036, Docket No. FMCSA-2019-0206, Docket No. FMCSA-2019-
0211, Docket No. FMCSA-2019-0212, Docket No. FMCSA-2020-0045, or Docket
No. FMCSA-2020-0046 using any of the following methods:
    Federal eRulemaking Portal: Go to www.regulations.gov/, insert the
docket number, FMCSA-2013-0108, FMCSA-2013-0442, FMCSA-2013-0443,
FMCSA-2014-0381, FMCSA-2015-0115, FMCSA-2015-0116, FMCSA-2015-0119,
FMCSA-2015-0320, FMCSA-2015-0321, FMCSA-2017-0181, FMCSA-2017-0253,
FMCSA-2017-0254, FMCSA-2018-0050, FMCSA-2018-0051, FMCSA-2019-0030,
FMCSA-2019-0034, FMCSA-2019-0036, FMCSA-2019-0206, FMCSA-2019-0211,
FMCSA-2019-0212, FMCSA-2020-0045, or FMCSA-2020-0046 in the keyword
box, and click ``Search.'' Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, and click on the ``Comment''
button. Follow the online instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590-0001 between 9 a.m. and
5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through
Friday, except Federal holidays. If you have questions regarding
viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2013-0108, Docket No. FMCSA-2013-0442, Docket
No. FMCSA-2013-0443, Docket No. FMCSA-2014-0381, Docket No. FMCSA-2015-
0115, Docket No. FMCSA-2015-0116, Docket No. FMCSA-2015-0119, Docket
No. FMCSA-2015-0320, Docket No. FMCSA-2015-0321, Docket No. FMCSA-2017-
0181, Docket No. FMCSA-2017-0253, Docket No. FMCSA-2017-0254, Docket
No. FMCSA-2018-0050, Docket No. FMCSA-2018-0051, Docket No. FMCSA-2019-
0030, Docket No. FMCSA-2019-0034, Docket No. FMCSA-2019-0036, Docket
No. FMCSA-2019-0206, Docket No. FMCSA-2019-0211, Docket No. FMCSA-2019-
0212, Docket No. FMCSA-2020-0045, or Docket No. FMCSA-2020-0046),
indicate the specific section of this document to which each comment
applies, and provide a reason for each suggestion or recommendation.
You may submit your comments and material online or by fax, mail, or
hand delivery, but please use only one of these means. FMCSA recommends
that you include your name and a mailing address, an email address, or
a phone number in the body of your document so that FMCSA can contact
you if there are questions regarding your submission.
    To submit your comment online, go to www.regulations.gov/, insert
the docket number, FMCSA-2013-0108, FMCSA-2013-0442, FMCSA-2013-0443,
FMCSA-2014-0381, FMCSA-2015-0115, FMCSA-2015-0116, FMCSA-2015-0119,
FMCSA-2015-0320, FMCSA-2015-0321, FMCSA-2017-0181, FMCSA-2017-0253,
FMCSA-2017-0254, FMCSA-2018-0050, FMCSA-2018-0051, FMCSA-2019-0030,
FMCSA-2019-0034, FMCSA-2019-0036, FMCSA-2019-0206, FMCSA-2019-0211,
FMCSA-2019-0212, FMCSA-2020-0045, or FMCSA-2020-0046 in the keyword
box, and click ``Search.'' Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, click the ``Comment'' button,
and type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2013-0108, FMCSA-2013-0442, FMCSA-2013-0443, FMCSA-2014-
0381, FMCSA-2015-0115, FMCSA-2015-0116, FMCSA-2015-0119, FMCSA-2015-
0320, FMCSA-2015-0321, FMCSA-2017-0181, FMCSA-2017-0253, FMCSA-2017-
0254, FMCSA-2018-0050, FMCSA-2018-0051, FMCSA-2019-0030, FMCSA-2019-
0034, FMCSA-2019-0036, FMCSA-2019-0206, FMCSA-2019-0211, FMCSA-2019-
0212, FMCSA-2020-0045, or FMCSA-2020-0046 in the keyword box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, and click ``Browse Comments.'' If you do not
have access to the internet, you may view the docket online by visiting
Dockets Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Dockets Operations.

C. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption request. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

    The 32 individuals listed in this notice have requested renewal of
their exemptions from the epilepsy and seizure disorders prohibition in
Sec.  391.41(b)(8), in accordance with FMCSA procedures. Accordingly,
FMCSA has evaluated these applications for renewal on their merits and
decided to extend each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 32
applicants has satisfied the renewal conditions for obtaining an
exemption from the epilepsy and seizure disorders prohibition. The 32
drivers in this notice remain in good standing with the Agency, have
maintained their medical monitoring and have not exhibited any medical
issues that would compromise their ability to safely operate a CMV
during the previous 2-year exemption period. In addition, for
commercial driver's license (CDL) holders, the Commercial Driver's
License Information System and the Motor

Carrier Management Information System are searched for crash and
violation data. For non-CDL holders, the Agency reviews the driving
records from the State Driver's Licensing Agency. These factors provide
an adequate basis for predicting each driver's ability to continue to
safely operate a CMV in interstate commerce. Therefore, FMCSA concludes
that extending the exemption for each renewal applicant for a period of
2 years is likely to achieve a level of safety equal to that existing
without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of May and
are discussed below.
    As of May 15, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following 29 individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers:

William Brown (NC)
Frank Corino (NJ)
Barry Dull (OH)
Robert J. Forney (WI)
Scott William Gessner (PA)
Daniel Halstead (NV)
Aaron Harms (MO)
Matthew Heinen (MN)
Logan Hertzler (PA)
Brian Johnson (MN)
Preston R. Kanagy (TN)
Kenneth L. Lewis (NC)
Larry Lintelman (AK)
Kevin Market (OH)
Shane W. Martinek (OK)
Jeffrey Mills (NC)
Gary Olsen (MN)
Randy Pinto (PA)
Matthew Scarlata (NY)
Steven Shirley (UT)
Chad Smith (MA)
Alvin Strite (PA)
Jeffrey Totten (KS)
Paul Vitous (WA)
Thomas B. Vivirito (PA)
Mohammad S. Warrad (IA)
Richard J. Wenner (MN)
Michael R. Weymouth (NH)
Dennis R. Zayic (MN)

    The drivers were included in docket number FMCSA-2013-0108, FMCSA-
2013-0442, FMCSA-2014-0381, FMCSA-2015-0115, FMCSA-2015-0116, FMCSA-
2015-0119, FMCSA-2015-0320, FMCSA-2015-0321, FMCSA-2017-0181, FMCSA-
2017-0253, FMCSA-2017-0254, FMCSA-2018-0050, FMCSA-2019-0030, FMCSA-
2019-0034, FMCSA-2019-0036, FMCSA-2019-0206, FMCSA-2019-0211, FMCSA-
2019-0212, FMCSA-2020-0045, or FMCSA-2020-0046. Their exemptions are
applicable as of May 15, 2022 and will expire on May 15, 2024.
    As of May 19, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers:
    Ronald Hartl (WI) and Michael Miller (WI).
    The drivers were included in docket number FMCSA-2013-0443. Their
exemptions are applicable as of May 19, 2022 and will expire on May 19,
2024.
    As of May 30, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), Nathan Kanouff (GA) has satisfied the renewal conditions for
obtaining an exemption from the epilepsy and seizure disorders
prohibition in the FMCSRs for interstate CMV drivers.
    This driver was included in docket number FMCSA-2018-0051. The
exemption is applicable as of May 30, 2022 and will expire on May 30,
2024.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must remain seizure-free and maintain a stable
treatment during the 2-year exemption period; (2) each driver must
submit annual reports from their treating physicians attesting to the
stability of treatment and that the driver has remained seizure-free;
(3) each driver must undergo an annual medical examination by a
certified ME, as defined by Sec.  390.5; and (4) each driver must
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file, or keep a copy of his/her
driver's qualification file if he/she is self-employed. The driver must
also have a copy of the exemption when driving, for presentation to a
duly authorized Federal, State, or local enforcement official. The
exemption will be rescinded if: (1) The person fails to comply with the
terms and conditions of the exemption; (2) the exemption has resulted
in a lower level of safety than was maintained before it was granted;
or (3) continuation of the exemption would not be consistent with the
goals and objectives of 49 U.S.C. 31136(e) and 31315(b).

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based on its evaluation of the 32 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the epilepsy
and seizure disorders prohibition in Sec.  391.41(b)(8). In accordance
with 49 U.S.C. 31136(e) and 31315(b), each exemption will be valid for
2 years unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-10277 Filed 5-12-22; 8:45 am]
BILLING CODE 4910-EX-P


determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities. The primary
purpose of the regulatory flexibility analyses is to identify and
address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities,'' (5 U.S.C. 603 and
604). Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule.
    We have determined that a substantial number of potentially
affected small businesses (importers, exporters, and transporters) will
not experience significant negative economic impacts. For the purpose
of our impact analyses, small business is defined either by the number
of employees or by the dollar amount of sales. The level at which a
business is considered small is determined for each North American
Industrial Classification System (NAICS) code by the Small Business
Administration. No small governmental jurisdiction or small not-for-
profit organizations are expected to be affected by this action, as
proposed.
    While a significant number of exporters may be small businesses,
the results of our analysis indicate that the cost to individual small
entities in each potentially affected sector (as identified by NAICS
codes) is likely to be insignificant. Our analysis specifically
examined the potentially impacted small companies with fewer than 20
employees. The average annual gross sales of these companies were found
to range from $0.4 million to $4.1 million, depending upon NAICS
sector. The annual compliance costs for these companies, as a
percentage of average annual gross sales, was found to range from 0.01
percent to 0.08 percent.
    The reader is encouraged to review our regulatory flexibility
screening analysis prepared in support of this determination. This
analysis is incorporated into the Cost Assessment, which is available
in the docket established for this proposal. We continue to be
interested in the potential impacts of the proposed rule on small
entities and welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
    This proposal contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments, or the private sector, in large part because the UMRA does
not apply to rules that are necessary for the national security or the
ratification or implementation of international treaty obligations
(e.g., the

Amended 2001 OECD Decision). In any event, EPA has determined that this
rule, as proposed, 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 cost impacts of this proposed action are estimated to be
$919,000 during the first year, and approximately $468,000 per year
thereafter.
    Finally, EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. Small governments are not affected by this action, as
proposed.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.''
    This proposed rule 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. This proposed rule does not have
Federalism implications because the State and local governments do not
administer the export and import requirements under RCRA. Thus,
Executive Order 13132 does not apply to this rule.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed rule
from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This proposed rule does not
have tribal implications, as specified in Executive Order 13175. No
Tribal governments are known to own or operate businesses that may be
affected by this proposal. Thus, Executive Order 13175 does not apply
to this proposed rule. EPA specifically solicits additional comment on
our determination under this Order and on this proposed rule from
tribal officials.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that: (1) Is determined to be ``economically
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children, and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency.
    This proposed rule is not subject to the Executive Order because it
is not economically significant as defined in Executive Order 12866,
and because the Agency does not have reason to believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children residing in the United States.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This proposed rule is not a ``significant energy action'' as
defined in Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not likely to have a significant adverse
effect on the supply, distribution, or use of energy.
    This rule, as proposed, will not seriously disrupt energy supply,
distribution patterns, prices, imports or exports. In fact, this
proposed rule is designed to improve regulatory efficiency and improve
information collection, in part by implementing technical corrections
and clarifications to the existing regulations.

I. National Technology Transfer Advancement Act

    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. The NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this proposed rule will not have
disproportionately high and/or adverse human health or environmental
effects on minority or low-income populations because it does not
directly affect the level of protection provided to human health or the
environment. This proposal is designed to improve regulatory efficiency
and improve information collection, in part by implementing technical
corrections and clarifications to the existing regulations.

List of Subjects

40 CFR Part 262

    Environmental protection, Exports, Hazardous materials
transportation, Hazardous waste, Imports, International organizations,
Labeling, Packaging and containers, Recycling, Reporting and
recordkeeping requirements.

40 CFR Part 264

    Environmental protection, Hazardous waste, Imports, Packaging and
containers, Reporting and recordkeeping requirements.

40 CFR Part 265

    Environmental protection, Hazardous waste, Imports, Packaging and
containers, Reporting and recordkeeping requirements.

40 CFR Part 266

    Environmental protection, Exports, Spent Lead-Acid Batteries,
Recycling, Waste treatment and disposal.

40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Hazardous materials transportation, Hazardous waste, Intergovernmental
relations, Penalties, Reporting and recordkeeping requirements.

    Dated: September 19, 2008.
Stephen L. Johnson,
Administrator.

    For the reasons stated in the preamble, title 40, chapter 1 of the
Code of Federal Regulations is proposed to be amended as follows.

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. 262.55 is amended by revising the introductory text to read as
follows:

Sec.  262.55  Exception reports.

    In lieu of the requirements of Sec.  262.42, a primary exporter
must file an exception report with the Office of Enforcement and
Compliance Assurance, Office of Federal Activities, International
Compliance Assurance Division (2254A), Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington, DC 20460, if any of the
following occurs:
* * * * *
    3. Section 262.58 is revised to read as follows:

Sec.  262.58  International agreements.

    (a) Any person who exports or imports hazardous waste subject to
the Federal manifest requirements of part 262, or subject to the
universal waste management standards of 40 CFR part 273, or subject to
State requirements analogous to 40 CFR part 273, or exports spent lead-
acid batteries subject to the spent lead-acid battery management
standards of 40 CFR part 266, subpart G or subject to State
requirements analogous to 40 CFR part 266, subpart G, to or from
designated Member countries of the Organization for Economic
Cooperation and Development (OECD) as defined in paragraph (a)(1) of
this section for purposes of recovery is subject to subpart H of this
part. The requirements of subparts E and F of this part do not apply to
such exports and imports.
    (1) For the purposes of subpart H, the designated OECD Member
countries consist of Australia, Austria, Belgium, the Czech Republic,
Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland,
Italy, Japan, Luxembourg, the Netherlands, New Zealand, Norway, Poland,
Portugal, the Slovak Republic, South Korea, Spain, Sweden, Switzerland,
Turkey, the United Kingdom, and the United States.
    (2) For the purposes of subpart H of this part, Canada and Mexico
are considered OECD Member countries only for the purpose of transit.
    (b) Any person who exports hazardous waste to or imports hazardous
waste from: A designated OECD Member country for purposes other than
recovery (e.g., incineration, disposal), Mexico (for any purpose), or
Canada (for any purpose) remains subject to the requirements of
subparts E and F of this part, and is not subject to the requirements
of subpart H of this part.
    4. Section 262.60(e) is revised to read as follows:
* * * * *
    (e) The importer must provide the transporter with an additional
copy of the manifest and documentation confirming EPA's consent to the
import of hazardous waste to be submitted by the receiving facility to
U.S. EPA in accordance with Sec.  264.71(a)(3) and Sec.  265.71(a)(3)
of this chapter.
    5. Subpart H is revised to read as follows:
Subpart H--Transboundary Movements of Hazardous Waste for Recovery
Within the OECD
Sec.
262.80 Applicability.
262.81 Definitions.
262.82 General conditions.
262.83 Notification and consent.
262.84 Movement document.
262.85 Contracts.
262.86 Provisions relating to recognized traders.
262.87 Reporting and recordkeeping.
262.88 Pre-approval for U.S. recovery facilities [Reserved].
262.89 OECD waste lists.

Subpart H--Transboundary Movements of Hazardous Waste for Recovery
Within the OECD

Sec.  262.80  Applicability.

    (a) The requirements of this subpart apply to imports and exports
of wastes that are considered hazardous under U.S. national procedures
and are destined for recovery operations in the countries listed in
Sec.  262.58(a)(1). A waste is considered hazardous under U.S. national
procedures if it meets the Federal definition of hazardous waste in 40
CFR 261.3 and it is subject to either the Federal manifesting
requirements at 40 CFR part 262, subpart B, to the universal waste
management standards of 40 CFR part 273 or to State requirements
analogous to 40 CFR part 273, or for exports only, if the waste is
subject to 40 CFR part 266, subpart G or to State requirements
analogous to 40 CFR part 266, subpart G.
    (b) Any person (exporter, importer, or recovery facility operator)
who mixes two or more wastes (including hazardous and non-hazardous
wastes) or otherwise subjects two or more wastes (including hazardous
and non-hazardous wastes) to physical or chemical transformation
operations, and thereby creates a new hazardous waste, becomes a
generator and assumes all subsequent generator duties under RCRA and
any exporter duties, if applicable, under this subpart.

Sec.  262.81  Definitions.

    The following definitions apply to this subpart.
    (a) Competent authority means the regulatory authority or
authorities of concerned countries having jurisdiction over
transboundary movements of wastes destined for recovery operations.
    (b) Countries concerned means the OECD Member countries of export
or import and any OECD Member countries of transit.
    (c) Country of export means any designated OECD Member country
listed in Sec.  262.58(a)(1) from which a transboundary movement of
hazardous wastes is planned to be initiated or is initiated.
    (d) Country of import means any designated OECD Member country
listed in Sec.  262.58(a)(1) to which a transboundary movement of
hazardous wastes is planned or takes place for the purpose of
submitting the wastes to recovery operations therein.
    (e) Country of transit means any designated OECD Member country
listed in Sec.  262.58(a)(1) and (a)(2) other than the country of
export or country of import across which a transboundary

movement of hazardous wastes is planned or takes place.
    (f) Exporter means the person under the jurisdiction of the country
of export who has, or will have at the time the planned transboundary
movement commences, possession or other forms of legal control of the
wastes and who proposes transboundary movement of the hazardous wastes
for the ultimate purpose of submitting them to recovery operations.
When the United States (U.S.) is the country of export, exporter is
interpreted to mean a person domiciled in the United States.
    (g) Importer means the person to whom possession or other form of
legal control of the waste is assigned at the time the waste is
received in the country of import.
    (h) OECD area means all land or marine areas under the national
jurisdiction of any OECD Member country listed in Sec.  262.58. When
the regulations refer to shipments to or from an OECD Member country,
this means OECD area.
    (i) OECD means the Organization for Economic Cooperation and
Development.
    (j) OECD Decision means the OECD ``Decision of the Council
C(2001)107/FINAL, Concerning the Control of Transboundary Movements of
Wastes Destined for Recovery Operations, as Amended by C(2004)20.''
    (k) Recognized trader means a person who, with appropriate
authorization of countries concerned, acts in the role of principal to
purchase and subsequently sell wastes; this person has legal control of
such wastes from time of purchase to time of sale; such a person may
act to arrange and facilitate transboundary movements of wastes
destined for recovery operations.
    (l) Recovery facility means a facility which, under applicable
domestic law, is operating or is authorized to operate in the country
of import to receive wastes and to perform recovery operations on them.
    (m) Recovery operations means activities leading to resource
recovery, recycling, reclamation, direct re-use or alternative uses,
which include:

R1 Use as a fuel (other than in direct incineration) or other means to
generate energy
R2 Solvent reclamation/regeneration
R3 Recycling/reclamation of organic substances which are not used as
solvents
R4 Recycling/reclamation of metals and metal compounds
R5 Recycling/reclamation of other inorganic materials
R6 Regeneration of acids or bases
R7 Recovery of components used for pollution abatement
R8 Recovery of components used from catalysts
R9 Used oil re-refining or other reuses of previously used oil
R10 Land treatment resulting in benefit to agriculture or ecological
improvement
R11 Uses of residual materials obtained from any of the operations
numbered R1-R10
R12 Exchange of wastes for submission to any of the operations numbered
R1-R11
R13 Accumulation of material intended for any operation numbered R1-R12

    (n) Transboundary movement means any movement of wastes from an
area under the national jurisdiction of one OECD Member country to an
area under the national jurisdiction of another OECD Member country.

Sec.  262.82  General conditions.

    (a) Scope. The level of control for exports and imports of waste is
indicated by assignment of the waste to either a list of wastes subject
to the Green control procedures or a list of wastes subject to the
Amber control procedures and by the national procedures of the United
States, as defined in Sec.  262.80(a). The two lists correspond to
Appendices 3 and 4, respectively, of the OECD Decision and have been
incorporated by reference in Sec.  262.89(d).
    (1) Listed wastes subject to the Green control procedures.
    (i) Green wastes that are not considered hazardous under U.S.
national procedures as defined in Sec.  262.80(a) are subject to
existing controls normally applied to commercial transactions.
    (ii) Green wastes that are considered hazardous under U.S. national
procedures as defined in Sec.  262.80(a) are subject to the Amber
control procedures set forth in this subpart.
    (2) Listed wastes subject to the Amber control procedures.
    (i) Amber wastes that are considered hazardous under U.S. national
procedures as defined in Sec.  262.80(a) are subject to the Amber
control procedures set forth in this subpart.
    (ii) Amber wastes that are considered hazardous under U.S. national
procedures as defined in Sec.  262.80(a), are subject to the Amber
control procedures in the United States, even if they are imported to
or exported from a designated OECD Member country listed in Sec.
262.58(a)(1) that does not consider the waste to be hazardous. In such
an event, the responsibilities of the Amber control procedures shift as
provided:
    (A) For U.S. exports, the United States shall issue an
acknowledgement of receipt and assume other responsibilities of the
competent authority of the country of import.
    (B) For U.S. imports, the U.S. recovery facility/importer and the
United States shall assume the obligations associated with the Amber
control procedures that normally apply to the exporter and country of
export, respectively.
    (iii) Amber wastes that are not considered hazardous under U.S.
national procedures as defined in Sec.  262.80(a), but are considered
hazardous by an OECD Member country are subject to the Amber control
procedures in the OECD Member country that considers the waste
hazardous. All responsibilities of the U.S. importer/exporter shift to
the importer/exporter of the OECD Member country that considers the
waste hazardous unless the parties make other arrangements through
contracts.

    Note to paragraph (a)(2): Some wastes subject to the Amber
control procedures are not listed or otherwise identified as
hazardous under RCRA, and therefore are not subject to the Amber
control procedures of this subpart. Regardless of the status of the
waste under RCRA, however, other Federal environmental statutes
(e.g., the Toxic Substances Control Act) restrict certain waste
imports or exports. Such restrictions continue to apply with regard
to this subpart.

    (3) Procedures for mixtures of wastes.
    (i) A Green waste that is mixed with one or more other Green wastes
such that the resulting mixture is not considered hazardous under U.S.
national procedures as defined in Sec.  262.80(a) shall be subject to
the Green control procedures, provided the composition of this mixture
does not impair its environmentally sound recovery.

    Note to paragraph (a)(3)(i): The regulated community should note
that some OECD Member countries may require, by domestic law, that
mixtures of different Green wastes be subject to the Amber control
procedures.

    (ii) A Green waste that is mixed with one or more Amber wastes, in
any amount, de minimis or otherwise, or a mixture of two or more Amber
wastes, such that the resulting waste mixture is considered hazardous
under U.S. national procedures as defined in Sec.  262.80(a) are
subject to the Amber control procedures, provided the composition of
this mixture does not impair its environmentally sound recovery.

    Note to paragraph (a)(3)(ii): The regulated community should
note that some OECD

Member countries may require, by domestic law, that a mixture of a
Green waste and more than a de minimis amount of an Amber waste or a
mixture of two or more Amber wastes be subject to the Amber control
procedures.

    (4) Wastes not yet assigned to an OECD waste list are eligible for
transboundary movements, as follows:
    (i) If such wastes are considered hazardous under U.S. national
procedures as defined in Sec.  262.80(a), such wastes are subject to
the Amber control procedures.
    (ii) If such wastes are not considered hazardous under U.S.
national procedures as defined in Sec.  262.80(a), such wastes are
subject to the Green control procedures.
    (b) General conditions applicable to transboundary movements of
hazardous waste: (1) The waste must be destined for recovery operations
at a facility that, under applicable domestic law, is operating or is
authorized to operate in the importing country;
    (2) The transboundary movement must be in compliance with
applicable international transport agreements; and

    Note to paragraph (b)(2): These international agreements
include, but are not limited to, the Chicago Convention (1944), ADR
(1957), ADNR (1970), MARPOL Convention (1973/1978), SOLAS Convention
(1974), IMDG Code (1985), COTIF (1985), and RID (1985).

    (3) Any transit of waste through a non-OECD Member country must be
conducted in compliance with all applicable international and national
laws and regulations.
    (c) Provisions relating to re-export for recovery to a third
country: (1) Re-export of wastes subject to the Amber control
procedures from the United States, as the country of import, to a third
country listed in Sec.  262.58(a)(1) may occur only after an exporter
in the United States provides notification to and obtains consent from
the competent authorities in the third country, the original country of
export, and new transit countries. The notification must comply with
the notice and consent procedures in Sec.  262.83 for all countries
concerned and the original country of export. The competent authorities
of the original country of export, as well as the competent authorities
of all other countries concerned have thirty (30) days to object to the
proposed movement.
    (i) The thirty (30) day period begins once the competent
authorities of both the initial country of export and new country of
import issue Acknowledgements of Receipt of the notification.
    (ii) The transboundary movement may commence if no objection has
been lodged after the thirty (30) day period has passed or immediately
after written consent is received from all relevant OECD importing and
transit countries.
    (2) In the case of re-export of Amber wastes to a country other
than those listed in Sec.  262.58(a)(1), notification to and consent of
the competent authorities of the original OECD Member country of export
and any OECD Member countries of transit is required as specified in
paragraph (c)(1) of this section, in addition to compliance with all
international agreements and arrangements to which the first importing
OECD Member country is a party and all applicable regulatory
requirements for exports from the first country of import.
    (d) Duty to return or re-export wastes subject to the Amber control
procedures. When a transboundary movement of wastes subject to the
Amber control procedures cannot be completed in accordance with the
terms of the contract or the consent(s) and alternative arrangements
cannot be made to recover the waste in an environmentally sound manner
in the country of import, the waste must be returned to the country of
export or re-exported to a third country. The provisions of paragraph
(c) of this section apply to any shipments to be re-exported to a third
country. The following provisions apply to shipments to be returned to
the country of export as appropriate:
    (1) Return from the United States to the country of export: The
U.S. importer must inform EPA at the specified address in Sec.
262.83(b)(1)(i) of the need to return the shipment. EPA will then
inform the competent authorities of the countries of export and
transit, citing the reason(s) for returning the waste. The U.S.
importer must complete the return within ninety (90) days from the time
EPA informs the country of export of the need to return the waste,
unless informed in writing by EPA of another timeframe agreed to by the
concerned Member countries. If the return shipment will cross any new
transit country, the return shipment may only occur after EPA provides
notification to and obtains consent from the competent authority of the
new country of transit, and provides a copy of that consent to the U.S.
importer.
    (2) Return from the country of import to the United States: The
U.S. exporter must provide for the return of the hazardous waste
shipment within ninety (90) days from the time the country of import
informs EPA of the need to return the waste or such other period of
time as the concerned Member countries agree. The U.S. exporter must
submit an exception report to EPA in accordance with Sec.  262.87(b).
    (e) Duty to return wastes subject to the Amber control procedures
from a country of transit. When a transboundary movement of wastes
subject to the Amber control procedures does not comply with the
requirements of the notification and movement documents or otherwise
constitutes illegal shipment, and if alternative arrangements cannot be
made to recover these wastes in an environmentally sound manner, the
waste must be returned to the country of export. The following
provisions apply as appropriate:
    (1) Return from the United States (as country of transit) to the
country of export: The U.S. transporter must inform EPA at the
specified address in Sec.  262.83(b)(1)(i) of the need to return the
shipment. EPA will then inform the competent authority of the country
of export, citing the reason(s) for returning the waste. The U.S.
transporter must complete the return within ninety (90) days from the
time EPA informs the country of export of the need to return the waste,
unless informed in writing by EPA of another timeframe agreed to by the
concerned Member countries.
    (2) Return from the country of transit to the United States (as
country of export): The U.S. exporter must provide for the return of
the hazardous waste shipment within ninety (90) days from the time the
competent authority of the country of transit informs EPA of the need
to return the waste or such other period of time as the concerned
Member countries agree. The U.S. exporter must submit an exception
report to EPA in accordance with Sec.  262.87(b).
    (f) Requirements for wastes destined for and received by R12 and
R13 facilities. The transboundary movement of wastes destined for R12
and R13 operations must comply with all Amber control procedures for
notification and consent as set forth in Sec.  262.83 and for the
movement document as set forth in Sec.  262.84. Additional
responsibilities of R12/R13 facilities include:
    (1) Indicating in the notification document the foreseen recovery
facility or facilities where the subsequent R1-R11 recovery operation
takes place or may take place.
    (2) Within three (3) days of the receipt of the wastes by the R12/
R13 recovery facility or facilities, the facility(ies) shall return a
signed copy of the movement document to the exporter and to the
competent authorities of the countries of export and import. The
facility(ies) shall

retain the original of the movement document for three (3) years.
    (3) As soon as possible, but no later than thirty (30) days after
the completion of the R12/R13 recovery operation and no later than one
(1) calendar year following the receipt of the waste, the R12 or R13
facility(ies) shall send a certificate of recovery to the foreign
exporter and to the competent authority of the country of export and to
the Office of Enforcement and Compliance Assurance, Office of Federal
Activities, International Compliance Assurance Division (2254A),
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460, by mail, e-mail without digital signature
followed by mail, or fax followed by mail.
    (4) When an R12/R13 recovery facility delivers wastes for recovery
to an R1-R11 recovery facility located in the country of import, it
shall obtain as soon as possible, but no later than one (1) calendar
year following delivery of the waste, a certification from the R1-R11
facility that recovery of the wastes at that facility has been
completed. The R12/R13 facility must promptly transmit the applicable
certification to the competent authorities of the countries of import
and export, identifying the transboundary movements to which the
certification pertain.
    (5) When an R12/R13 recovery facility delivers wastes for recovery
to an R1-R11 recovery facility located:
    (i) in the initial country of export, Amber control procedures
apply, including a new notification;
    (ii) in a third country other than the initial country of export,
Amber control procedures apply, with the additional provision that the
competent authority of the initial country of export shall also be
notified of the transboundary movement.
    (g) Laboratory analysis exemption. The transboundary movement of an
Amber waste is exempt from the Amber control procedures if it is in
certain quantities and destined for laboratory analysis to assess its
physical or chemical characteristics, or to determine its suitability
for recovery operations. The quantity of such waste shall be determined
by the minimum quantity reasonably needed to perform the analysis in
each particular case adequately, but in no case exceed twenty-five
kilograms (25 kg). Waste destined for laboratory analysis must still be
appropriately packaged and labeled.

Sec.  262.83  Notification and consent.

    (a) Applicability. Consent must be obtained from the competent
authorities of the relevant OECD countries of import and transit prior
to exporting hazardous waste destined for recovery operations subject
to this subpart. Hazardous wastes subject to the Amber control
procedures are subject to the requirements of paragraph (b) of this
section; and wastes not identified on any list are subject to the
requirements of paragraph (c) of this section.
    (b) Amber wastes. Exports of hazardous wastes from the United
States as described in Sec.  262.80(a) that are subject to the Amber
control procedures are prohibited unless the notification and consent
requirements of paragraph (b)(1) or paragraph (b)(2) of this section
are met.
    (1) Transactions requiring specific consent:
    (i) Notification. At least forty-five (45) days prior to
commencement of each transboundary movement, the exporter must provide
written notification in English of the proposed transboundary movement
to the Office of Enforcement and Compliance Assurance, Office of
Federal Activities, International Compliance Assurance Division
(2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460, with the words ``Attention: OECD Export
Notification'' prominently displayed on the envelope. This notification
must include all of the information identified in paragraph (d) of this
section. In cases where wastes having similar physical and chemical
characteristics, the same United Nations classification, the same RCRA
waste codes, and are to be sent periodically to the same recovery
facility by the same exporter, the exporter may submit one general
notification of intent to export these wastes in multiple shipments
during a period of up to one (1) year. Even when a general notification
is used for multiple shipments, each shipment still must be accompanied
by its own movement document pursuant to Sec.  262.84.
    (ii) Tacit consent. If no objection has been lodged by any
concerned country (i.e., exporting, importing, or transit) to a
notification provided pursuant to paragraph (b)(1)(i) of this section
within thirty (30) days after the date of issuance of the
Acknowledgement of Receipt of notification by the competent authority
of the country of import, the transboundary movement may commence.
Tacit consent expires one (1) calendar year after the close of the
thirty (30) day period; renotification and renewal of all consents is
required for exports after that date.
    (iii) Written consent. If the competent authorities of all the
relevant OECD importing and transit countries provide written consent
in a period less than thirty (30) days, the transboundary movement may
commence immediately after all necessary consents are received. Written
consent expires for each relevant OECD importing and transit country
one (1) calendar year after the date of that country's consent unless
otherwise specified; renotification and renewal of each expired consent
is required for exports after that date.
    (2) Transboundary movements to facilities pre-approved by the
competent authorities of the importing countries to accept specific
wastes for recovery:
    (i) Notification. The exporter must provide EPA a notification that
contains all the information identified in paragraph (d) of this
section in English, at least ten (10) days in advance of commencing
shipment to a pre-approved facility. The notification must indicate
that the recovery facility is pre-approved, and may apply to a single
specific shipment or to multiple shipments as described in paragraph
(b)(1)(i) of this section. This information must be sent to the Office
of Enforcement and Compliance Assurance, Office of Federal Activities,
International Compliance Assurance Division (2254A), Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460,
with the words ``OECD Export Notification--Pre-approved Facility''
prominently displayed on the envelope. General notifications that cover
multiple shipments as described in paragraph (b)(1)(i) of this section
may cover a period of up to three (3) years. Even when a general
notification is used for multiple shipments, each shipment still must
be accompanied by its own movement document pursuant to Sec.  262.84.
    (ii) Exports to pre-approved facilities may take place after the
elapse of seven (7) working days from the issuance of an
Acknowledgement of Receipt of the notification by the competent
authority of the country of import unless the exporter has received
information indicating that the competent authority of any concerned
country objects to the shipment.
    (c) Wastes not covered in Appendices 3 and 4 of the OECD Decision.
Wastes destined for recovery operations, that have not been assigned to
Appendices 3 or 4 of the OECD Decision, but which are considered
hazardous under U.S. national procedures as defined in Sec.  262.80(a),
are subject to the

notification and consent requirements established for the Amber control
procedures in accordance with paragraph (b) of this section. Wastes
destined for recovery operations, that have not been assigned to
Appendices 3 or 4 of the OECD Decision, and are not considered
hazardous under U.S. national procedures as defined by Sec.  262.80(a)
are subject to the Green control procedures.
    (d) Notifications submitted under this section must include the
information specified in paragraphs (d)(1) through (d)(14) of this
section:
    (1) Serial number or other accepted identifier of the notification
document;
    (2) Exporter name and EPA identification number (if applicable),
address, telephone and fax numbers, and e-mail address;
    (3) Importing recovery facility name, address, telephone and fax
numbers, e-mail address, and technologies employed;
    (4) Importer name (if not the owner or operator of the recovery
facility), address, telephone and fax numbers, and e-mail address;
whether the importer will engage in waste exchange or storage, meeting
the definition of R12 or R13 recovery operations in Sec.  262.81(m),
prior to delivering the waste to the final recovery facility and
identification of recovery operations to be employed at the final
recovery facility;
    (5) Intended transporter(s) and/or their agent(s); address,
telephone, fax, and e-mail address;
    (6) Country of export and relevant competent authority, and point
of departure;
    (7) Countries of transit and relevant competent authorities and
points of entry and departure;
    (8) Country of import and relevant competent authority, and point
of entry;
    (9) Statement of whether the notification is a single notification
or a general notification. If general, include period of validity
requested;
    (10) Date(s) foreseen for commencement of transboundary
movement(s);
    (11) Means of transport envisaged;
    (12) Designation of waste type(s) from the appropriate list (Part I
or II of Appendix 3 or 4) of the OECD Decision, description(s) of each
waste type, estimated total quantity of each, RCRA waste code, and the
United Nations number for each waste type;
    (13) Specification of the recovery operation(s) according to Sec.
262.81(m).
    (14) Certification/Declaration signed by the exporter that states:
    I certify that the above information is complete and correct to the
best of my knowledge. I also certify that legally-enforceable written
contractual obligations have been entered into, and that any applicable
insurance or other financial guarantees are or shall be in force
covering the transboundary movement.

Name:------------------------------------------------------------------

Signature:-------------------------------------------------------------

Date:------------------------------------------------------------------

    Note to Paragraph (d)(14): The United States does not currently
require financial assurance for these waste shipments. However, U.S.
exporters may be asked by other governments to provide and certify
to such assurance as a condition of obtaining consent to a proposed
movement.

    (e) Certificate of Recovery. As soon as possible, but no later than
thirty (30) days after the completion of recovery and no later than one
(1) calendar year following receipt of the waste, the U.S. recovery
facility shall send a certificate of recovery to the exporter and to
the competent authorities of the countries of export and import by
mail, e-mail without a digital signature followed by mail, or fax
followed by mail.

Sec.  262.84  Movement document.

    (a) All U.S. parties subject to the contract provisions of Sec.
262.85 must ensure that a movement document meeting the conditions of
paragraph (b) of this section accompanies each transboundary movement
of wastes subject to the Amber control procedures from the initiation
of the shipment until it reaches the final recovery facility, including
cases in which the waste is stored and/or sorted by the importer prior
to shipment to the final recovery facility, except as provided in
paragraphs (a)(1) and (2) of this section.
    (1) For shipments of hazardous waste within the United States
solely by water (bulk shipments only), the generator must forward the
movement document with the manifest to the last water (bulk shipment)
transporter to handle the waste in the United States if exported by
water (in accordance with the manifest routing procedures at Sec.
262.23(c)).
    (2) For rail shipments of hazardous waste within the United States
which originate at the site of generation, the generator must forward
the movement document with the manifest (in accordance with the routing
procedures for the manifest in Sec.  262.23(d)) to the next non-rail
transporter, if any, or the last rail transporter to handle the waste
in the United States if exported by rail.
    (b) The movement document must include all information required
under Sec.  262.83 (for notification), as well as the following
paragraphs (b)(1) through (b)(7) of this section:
    (1) Date movement commenced;
    (2) Name (if not exporter), address, telephone and fax numbers, and
e-mail of primary exporter;
    (3) Company name and EPA ID number of all transporters;
    (4) Identification (license, registered name or registration
number) of means of transport, including types of packaging envisaged;
    (5) Any special precautions to be taken by transporter(s);
    (6) Certification/declaration signed by the exporter that no
objection to the shipment has been lodged as follows:
    I certify that the above information is complete and correct to the
best of my knowledge. I also certify that legally-enforceable written
contractual obligations have been entered into, that any applicable
insurance or other financial guarantees are or shall be in force
covering the transboundary movement, and that:
    1. All necessary consents have been received; OR
    2. The shipment is directed to a recovery facility within the OECD
area and no objection has been received from any of the countries
concerned within the thirty (30) day tacit consent period; OR
    3. The shipment is directed to a recovery facility pre-authorized
for that type of waste within the OECD area; such an authorization has
not been revoked, and no objection has been received from any of the
countries concerned.

(Delete sentences that are not applicable)

Name:------------------------------------------------------------------

Signature:-------------------------------------------------------------

Date:------------------------------------------------------------------

    (7) Appropriate signatures for each custody transfer (e.g.,
transporter, importer, and owner or operator of the recovery facility).
    (c) Exporters also must comply with the special manifest
requirements of 40 CFR 262.54(a), (b), (c), (e), and (i) and importers
must comply with the import requirements of 40 CFR part 262, subpart F.
    (d) Each U.S. person that has physical custody of the waste from
the time the movement commences until it arrives at the recovery
facility must sign the movement document (e.g., transporter, importer,
and owner or operator of the recovery facility).
    (e) Within three (3) working days of the receipt of imports subject
to this subpart, the owner or operator of the U.S. recovery facility
must send signed copies of the movement document to the exporter, to
the Office of

Enforcement and Compliance Assurance, Office of Federal Activities,
International Compliance Assurance Division (2254A), Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460,
and to the competent authorities of the countries of export and
transit. If the concerned U.S. recovery facility is a R12/R13 recovery
facility under Sec.  262.81(m), the facility shall retain the original
of the movement document for three (3) years.

Sec.  262.85  Contracts.

    (a) Transboundary movements of hazardous wastes subject to the
Amber control procedures are prohibited unless they occur under the
terms of a valid written contract, chain of contracts, or equivalent
arrangements (when the movement occurs between parties controlled by
the same corporate or legal entity). Such contracts or equivalent
arrangements must be executed by the exporter and the owner or operator
of the recovery facility, and must specify responsibilities for each.
Contracts or equivalent arrangements are valid for the purposes of this
section only if persons assuming obligations under the contracts or
equivalent arrangements have appropriate legal status to conduct the
operations specified in the contract or equivalent arrangements.
    (b) Contracts or equivalent arrangements must specify the name and
EPA ID number, where available, of paragraph (b)(1) through (b)(4) of
this section:
    (1) The generator of each type of waste;
    (2) Each person who will have physical custody of the wastes;
    (3) Each person who will have legal control of the wastes; and
    (4) The recovery facility.
    (c) Contracts or equivalent arrangements must specify which party
to the contract will assume responsibility for alternate management of
the wastes if their disposition cannot be carried out as described in
the notification of intent to export. In such cases, contracts must
specify that:
    (1) The person having actual possession or physical control over
the wastes will immediately inform the exporter and the competent
authorities of countries of export and import and, if the wastes are
located in a country of transit, the competent authorities of that
country; and
    (2) The person specified in the contract will assume responsibility
for the adequate management of the wastes in compliance with applicable
laws and regulations including, if necessary, arranging the return of
wastes and, as the case may be, shall provide the notification for re-
export.
    (d) Contracts must specify that the importer will provide the
notification required in Sec.  262.82(c) prior to the re-export of
controlled wastes to a third country.
    (e) Contracts or equivalent arrangements must include provisions
for financial guarantees, if required by the competent authorities of
any concerned country, in accordance with applicable national or
international law requirements.

    Note to Paragraph (e): Financial guarantees so required are
intended to provide for alternate recycling, disposal or other means
of sound management of the wastes in cases where arrangements for
the shipment and the recovery operations cannot be carried out as
foreseen. The United States does not require such financial
guarantees at this time; however, some OECD Member countries do. It
is the responsibility of the exporter to ascertain and comply with
such requirements; in some cases, transporters or importers may
refuse to enter into the necessary contracts absent specific
references or certifications to financial guarantees.

    (f) Contracts or equivalent arrangements must contain provisions
requiring each contracting party to comply with all applicable
requirements of this subpart.
    (g) Upon request by EPA, U.S. exporters, importers, or recovery
facilities must submit to EPA copies of contracts, chain of contracts,
or equivalent arrangements (when the movement occurs between parties
controlled by the same corporate or legal entity). Information
contained in the contracts or equivalent arrangements for which a claim
of confidentiality is asserted in accordance with 40 CFR 2.203(b) will
be treated as confidential and will be disclosed by EPA only as
provided in 40 CFR 260.2.

    Note to Paragraph (g): Although the United States does not
require routine submission of contracts at this time, the OECD
Decision allows Member countries to impose such requirements. When
other OECD Member countries require submission of partial or
complete copies of the contract as a condition to granting consent
to proposed movements, EPA will request the required information;
absent submission of such information, some OECD Member countries
may deny consent for the proposed movement.

Sec.  262.86  Provisions relating to recognized traders.

    (a) A recognized trader who takes physical custody of a waste and
conducts recovery operations (including storage prior to recovery) is
acting as the owner or operator of a recovery facility and must be so
authorized in accordance with all applicable Federal laws.
    (b) A recognized trader acting as an exporter or importer for
transboundary shipments of waste must comply with all the requirements
of this subpart associated with being an exporter or importer.

Sec.  262.87  Reporting and recordkeeping.

    (a) Annual reports. For all waste movements subject to this
subpart, persons (e.g., exporters, recognized traders) who meet the
definition of primary exporter in Sec.  262.51 or who initiate the
movement documentation under Sec.  262.84 shall file an annual report
with the Office of Enforcement and Compliance Assurance, Office of
Federal Activities, International Compliance Assurance Division
(2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460, no later than March 1 of each year
summarizing the types, quantities, frequency, and ultimate destination
of all such hazardous waste exported during the previous calendar year.
(If the primary exporter or the person who initiates the movement
documentation under Sec.  262.84 is required to file an annual report
for waste exports that are not covered under this subpart, he may
include all export information in one report provided the following
information on exports of waste destined for recovery within the
designated OECD Member countries is contained in a separate section.)
Such reports shall include all of the following paragraphs (a)(1)
through (a)(6) of this section specified as follows:
    (1) The EPA identification number, name, and mailing and site
address of the exporter filing the report;
    (2) The calendar year covered by the report;
    (3) The name and site address of each final recovery facility;
    (4) By final recovery facility, for each hazardous waste exported,
a description of the hazardous waste, the EPA hazardous waste number
(from 40 CFR part 261, subpart C or D), designation of waste type(s)
and applicable waste code(s) from the appropriate OECD waste list
(Appendices 3 or 4 of the OECD Decision), DOT hazard class, the name
and U.S. EPA identification number (where applicable) for each
transporter used, the total amount of hazardous waste shipped pursuant
to this subpart, and number of shipments pursuant to each notification;
    (5) In even numbered years, for each hazardous waste exported,
except for hazardous waste produced by exporters

of greater than 100kg but less than 1000kg in a calendar month, and
except for hazardous waste for which information was already provided
pursuant to Sec.  262.41:
    (i) A description of the efforts undertaken during the year to
reduce the volume and toxicity of the waste generated; and
    (ii) A description of the changes in volume and toxicity of the
waste actually achieved during the year in comparison to previous years
to the extent such information is available for years prior to 1984;
and
    (6) A certification signed by the person acting as primary exporter
or initiator of the movement documentation under Sec.  262.84 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.
    (b) Exception reports. Any person who meets the definition of
primary exporter in Sec.  262.51 or who initiates the movement
documentation under Sec.  262.84 must file an exception report in lieu
of the requirements of Sec.  262.42 (if applicable) with the Office of
Enforcement and Compliance Assurance, Office of Federal Activities,
International Compliance Assurance Division (2254A), Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460,
if any of the following occurs:
    (1) He has not received a copy of the RCRA hazardous waste manifest
(if applicable) signed by the transporter identifying the point of
departure of the waste from the United States, within forty-five (45)
days from the date it was accepted by the initial transporter;
    (2) Within ninety (90) days from the date the waste was accepted by
the initial transporter, the exporter has not received written
confirmation from the recovery facility that the hazardous waste was
received;
    (3) The waste is returned to the United States.
    (c) Recordkeeping. (1) Persons who meet the definition of primary
exporter in Sec.  262.51 or who initiate the movement documentation
under Sec.  262.84 shall keep the following records paragraphs
(c)(1)(i) through (c)(1)(iv) of this section:
    (i) A copy of each notification of intent to export and all written
consents obtained from the competent authorities of countries concerned
for a period of at least three (3) years from the date the hazardous
waste was accepted by the initial transporter;
    (ii) A copy of each annual report for a period of at least three
(3) years from the due date of the report;
    (iii) A copy of any exception reports and a copy of each
confirmation of delivery (i.e., movement documentation) sent by the
recovery facility to the exporter for at least three (3) years from the
date the hazardous waste was accepted by the initial transporter or
received by the recovery facility, whichever is applicable; and
    (iv) A copy of each confirmation of recovery sent by the recovery
facility to the exporter for at least three (3) years from the date
that the recovery facility completed processing the waste shipment.
    (2) The periods of retention referred to in this section are
extended automatically during the course of any unresolved enforcement
action regarding the regulated activity or as requested by the
Administrator.

Sec.  262.88  Pre-approval for U.S. recovery facilities [Reserved]

Sec.  262.89  OECD waste lists.

    (a) General. For the purposes of this subpart, a waste is
considered hazardous under U.S. national procedures, and hence subject
to this subpart, if the waste:
    (1) Meets the Federal definition of hazardous waste in 40 CFR
261.3; and
    (2) Is subject to either the Federal RCRA manifesting requirements
at 40 CFR part 262, subpart B, to the universal waste management
standards of 40 CFR part 273, to State requirements analogous to 40 CFR
part 273, to the export requirements in the spent lead-acid battery
management standards of 40 CFR part 266, subpart G, or to State
requirements analogous to the export requirements in 40 CFR part 266,
subpart G.
    (b) If a waste is hazardous under paragraph (a) of this section, it
is subject to the Amber control procedures, regardless of whether it
appears in Appendix 4 of the OECD Decision.
    (c) The appropriate control procedures for hazardous wastes and
hazardous waste mixtures are addressed in Sec.  262.82.
    (d) The OECD waste lists, entitled ``List of Wastes Subject to the
Green Control Procedure'' and ``List of Wastes Subject to the Amber
Control Procedure,'' are set forth in Appendix 3 and Appendix 4,
respectively, of the OECD Decision. These lists are incorporated by
reference. These incorporations by reference were approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51 on [date of approval for incorporation by reference].
These materials are incorporated as they exist on the date of the
approval and a notice of any change in these materials will be
published in the Federal Register. The materials are available for
inspection at: the U.S. Environmental Protection Agency, Docket Center
Public Reading Room, EPA West, Room 3334, 1301 Constitution Avenue,
NW., Washington, DC 20004 (Docket  EPA-HQ-RCRA-2005-0018) or
at the National Archives and Records Administration (NARA), and may be
obtained from the Organization for Economic Cooperation and
Development, Environment Directorate, 2 rue Andr[eacute] Pascal, F-
75775 Paris Cedex 16, France. For information on the availability of
this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal-register/cfr/ibr-locations.html.

PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES

    6. The authority citation for part 264 continues to read as
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.

    7. Section 264.12(a)(2) is revised to read as follows:

Sec.  264.12  Required notices.

    (a)(1) * * *
    (2) The owner or operator of a recovery facility that has arranged
to receive hazardous waste subject to 40 CFR part 262, subpart H must
provide a copy of the movement document bearing all required signatures
to the foreign exporter; to the Office of Enforcement and Compliance
Assurance, Office of Federal Activities, International Compliance
Assurance Division (2254A), Environmental Protection Agency, 1200
Pennsylvania Avenue. NW., Washington, DC 20460; and to the competent
authorities of all other countries concerned within three (3) working
days of receipt of the shipment. The original of the signed movement
document must be maintained at the facility for at least three (3)
years. In addition, such owner or operator shall, as soon as possible,
but no later than thirty (30) days after the completion of recovery and
no later

than one (1) calendar year following the receipt of the hazardous
waste, send a certificate of recovery to the foreign exporter and to
the competent authority of the country of export and to EPA's Office of
Enforcement and Compliance Assurance at the above address by mail, e-
mail without a digital signature followed by mail, or fax followed by
mail.
* * * * *
    8. Section 264.71(a)(3) is revised to read as follows:

Sec.  264.71  Use of manifest system.

    (a)(1) * * *
    (3) If a facility receives hazardous waste imported from a foreign
source, the receiving facility must mail a copy of the manifest and
documentation confirming EPA's consent to the import of hazardous waste
to the following address within thirty (30) days of delivery: Office of
Enforcement and Compliance Assurance, Office of Federal Activities,
International Compliance Assurance Division (2254A), Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
* * * * *

PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

    9. The authority citation for part 265 continues to read as
follows:

    Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925,
6935, 6936, and 6937.

    10. Section 265.12(a)(2) is revised to read as follows:

Sec.  265.12  Required notices.

    (a)(1) * * *
    (2) The owner or operator of a recovery facility that has arranged
to receive hazardous waste subject to 40 CFR part 262, subpart H must
provide a copy of the movement document bearing all required signatures
to the foreign exporter; to the Office of Enforcement and Compliance
Assurance, Office of Federal Activities, International Compliance
Assurance Division (2254A), Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; and to the competent
authorities of all other countries concerned within three (3) working
days of receipt of the shipment. The original of the signed movement
document must be maintained at the facility for at least three (3)
years. In addition, such owner or operator shall, as soon as possible,
but no later than thirty (30) days after the completion of recovery and
no later than one (1) calendar year following the receipt of the
hazardous waste, send a certificate of recovery to the foreign exporter
and to the competent authority of the country of export and to EPA's
Office of Enforcement and Compliance Assurance at the above address by
mail, e-mail without a digital signature followed by mail, or fax
followed by mail.
* * * * *
    11. Section 265.71(a)(3) is revised to read as follows:

Sec.  265.71  Use of manifest system.

    (a)(1) * * *
    (3) If a facility receives hazardous waste imported from a foreign
source, the receiving facility must mail a copy of the manifest and
documentation confirming EPA's consent to the import of hazardous waste
to the following address within thirty (30) days of delivery: Office of
Enforcement and Compliance Assurance, Office of Federal Activities,
International Compliance Assurance Division (2254A), Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460
* * * * *

PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

    12. The authority citation for part 266 is revised to read as
follows:

    Authority: 42 U.S.C. 1006, 2002(a), 3001-3009, 3014, 3017, 6905,
6906, 6912, 6921, 6922, 6924-6927, 6934, and 6937.

    13. In Sec.  266.80(a) the table is revised to read as follows:

Sec.  266.80  Applicability and requirements.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
       If your batteries * * *             And if you * * *          Then you * * *           And you * * *
----------------------------------------------------------------------------------------------------------------
(1) Will be reclaimed through          .......................  Are exempt from 40 CFR   Are subject to 40 CFR
 regeneration (such as by electrolyte                            parts 262 (except for    parts 261 and Sec.
 replacement).                                                   Sec.   262.11), 263,     262.11 of this
                                                                 264, 265, 266, 268,      chapter.
                                                                 270, 124 of this
                                                                 chapter, and the
                                                                 notification
                                                                 requirements at
                                                                 section 3010 of RCRA.
(2) Will be reclaimed other than       Generate, collect, and/  Are exempt from 40 CFR   Are subject to 40 CFR
 through regeneration.                  or transport these       parts 262 (except for    parts 261 and Sec.
                                        batteries.               Sec.   262.11), 263,     262.11, and applicable
                                                                 264, 265, 266, 270,      provisions under part
                                                                 124 of this chapter,     268.
                                                                 and the notification
                                                                 requirements at
                                                                 section 3010 of RCRA.
(3) Will be reclaimed other than       Store these batteries    Are exempt from 40 CFR   Are subject to 40 CFR
 through regeneration.                  but you aren't the       parts 262 (except for    parts 261, Sec.
                                        reclaimer.               Sec.   262.11), 263,     262.11, and applicable
                                                                 264, 265, 266, 270,      provisions under part
                                                                 124 of this chapter,     268.
                                                                 and the notification
                                                                 requirements at
                                                                 section 3010 of RCRA.
(4) Will be reclaimed other than       Store these batteries    Must comply with 40 CFR  Are subject to 40 CFR
 through regeneration.                  before you reclaim       266.80(b) and as         parts 261, Sec.
                                        them.                    appropriate other        262.11, and applicable
                                                                 regulatory provisions    provisions under part
                                                                 described in 266.80(b).  268.
(5) Will be reclaimed other than       Don't store these        Are exempt from 40 CFR   Are subject to 40 CFR
 through regeneration.                  batteries before you     parts 262 (except for    parts 261, Sec.
                                        reclaim them.            Sec.   262.11), 263,     262.11, and applicable
                                                                 264, 265, 266, 270,      provisions under part
                                                                 124 of this chapter,     268.
                                                                 and the notification
                                                                 requirements at
                                                                 section 3010 of RCRA.

(6) Will be reclaimed through          Export these batteries   Are exempt from 40 CFR   Are subject to 40 CFR
 regeneration or any other means.       for reclamation in a     parts 263, 264, 265,     part 261 and Sec.
                                        foreign country.         266, 268, 270, 124 of    262.11, and either
                                                                 this chapter, and the    must comply with 40
                                                                 notification             CFR part 262, subpart
                                                                 requirements at          H (if shipping to one
                                                                 section 3010 of RCRA.    of the OECD countries
                                                                 You are also exempt      specified in 40 CFR
                                                                 from part 262, except    262.58(a)(1)), or
                                                                 for 262.11, and except   must:
                                                                 for the applicable      (a) Comply with the
                                                                 requirements in          requirements
                                                                 either:.                 applicable to a
                                                                (1) 40 CFR part 262       primary exporter in 40
                                                                 subpart H; or (2)        CFR 262.53,
                                                                 262.53 ``Notification    262.56(a)(1) through
                                                                 of Intent to Export,     (4), (6), and (b) and
                                                                 262.56(a)(1) through     262.57; and
                                                                 (4), (6), and (b)       (b) Export these
                                                                 ``Annual Reports,''      batteries only upon
                                                                 and 262.57               consent of the
                                                                 ``Recordkeeping''.       receiving country and
                                                                                in conformance with
                                                                                the EPA
                                                                                Acknowledgement of
                                                                                Consent as defined in
                                                                                subpart E of part 262
                                                                                of this chapter; and
                                                                                (c) Provide a copy of
                                                                                the EPA Acknowledgment
                                                                                of Consent for the
                                                                                shipment to the
                                                                                transporter
                                                                                transporting the
                                                                                shipment for export.
(7) Will be reclaimed through          Transport these          Are exempt from 40 CFR   Must comply with
 regeneration or any other means.       batteries in the U.S.    parts 263, 264, 265,     applicable
                                        to export them for       266, 268, 270, 124 of    requirements in 40 CFR
                                        reclamation in a         this chapter, and the    part 262, subpart H
                                        foreign country.         notification             (if shipping to one of
                                                                 requirements at          the OECD countries
                                                                 section 3010 of RCRA.    specified in 40 CFR
                                                                                262.58(a)(1)), or must
                                                                                comply with the
                                                                                following:
                                                                                (a) You may not accept
                                                                                a shipment if you know
                                                                                the shipment does not
                                                                                conform to the EPA
                                                                                Acknowledgment of
                                                                                Consent;
                                                                                (b) You must ensure
                                                                                that a copy of the EPA
                                                                                Acknowledgment of
                                                                                Consent accompanies
                                                                                the shipment; and
                                                                                (c) You must ensure
                                                                                that the shipment is
                                                                                delivered to the
                                                                                facility designated by
                                                                                the person initiating
                                                                                the shipment.
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE
PROGRAMS

    14. The authority citation for part 271 continues to read as
follows:

    Authority: 42 U.S.C. 6905, 6912(a), and 6926.

    15. Section 271.1(j) is amended by adding the following entries to
Table 1 and Table 2 in chronological order by date of publication in
the Federal Register, to read as follows:

Sec.  271.1  Purpose and scope.

* * * * *
    (j) * * *

               Table 1--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
                                                                    Federal Register
          Promulgation date              Title of regulation           reference              Effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
[Insert date of publication of final   Exports of hazardous     [Insert FR page          [Insert date of X
 rule in the Federal Register (FR)].    waste.                   numbers].                months from date of
                                                                                publication of final
                                                                                rule].
----------------------------------------------------------------------------------------------------------------

* * * * *

            Table 2--Self-Implementing Provisions of the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
                                               Self-implementing
             Effective date                        provision           RCRA citation  Federal Register reference
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
[Insert date X days after of publication  Exports of hazardous waste         3017(a)  [Insert Federal Register
 of final rule in the Federal Register                                                 reference for publication
 (FR)].                                                                                of final rule].
----------------------------------------------------------------------------------------------------------------

* * * * *
 [FR Doc. E8-22536 Filed 10-3-08; 8:45 am]

BILLING CODE 6560-50-P