EPA Proposes New Report and Notification Info for Used CRT Exports
The Environmental Protection Agency has issued a proposed rule, that would amend 40 CFR Parts 260 and 261 to revise certain provisions on cathode ray tubes (CRTs) that are exported for reuse and recycling. The proposed changes include, among other things: (1) a definition for CRT exporter; (2) more detailed notification instructions for both broken (for recycling) and intact (for reuse) used CRTs; and (3) an annual reporting requirement for exporters of broken used CRTs for recycling. Comments on the proposed rule are due by May 14, 2012.
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CRT Exporters Would Be a “Person in the U.S.”
The current regulations include no specific definition of “CRT exporter” in 40 CFR 260.10. The proposed rule would insert a definition stating that a CRT exporter is “any person in the U.S. who initiates a transaction to send used CRTs outside the U.S. territories for recycling or reuse, or any intermediary in the U.S. arranging for such export.”
(According to the EPA, the new definition and the requirement for the exporter to be in the U.S. would alleviate confusion over who is fulfilling the export responsibilities, and better establish EPA jurisdiction over such persons.)
Proposed Additional Notification Requirements for Recycled & Reused CRTs
Current regulations require exporters of both used, broken CRTs for recycling and used, intact CRTs for reuse to file notifications with the EPA. Exporters of CRTs for recycling must currently file detailed notifications 60 days before the initial shipment, to cover export activities over a 12-month or lesser period, in order to obtain the importing country’s consent to the transactions. Exporters of CRTs for reuse, by contrast, only need to provide a one-time notification to EPA containing the exporter’s information.
EPA proposes to amend these requirements as follows:
CRTs for recycling. In addition to the current regulations’ requirement that notifications include the name of the recycler and any alternate recycler, the proposed rule would amend 40 CFR 261.39 to include a requirement that notifications of intended exports of used, broken CRTs for recycling should include estimated quantities and the names all recyclers. The EPA states that this proposed change is in response to the reality that CRTs are sometimes exported to more than one country, and in order to provide the receiving country with the most accurate information available.
CRTs for reuse. The proposed rule would amend the intact CRT for reuse exporter notification requirements at 40 CFR 261.41 to add additional notification requirements more similar to the current notification for export of used, broken CRTs for recycling. The notifications would be periodic instead of one-time, covering a 12 month or lesser period, and would require the exporter to report estimated total quantity, estimated frequency of exportation, points of departure and entry, a certification of accuracy, etc., in addition to the exporter information required by the current regulations.
The EPA states that, in light of its discovery that some CRTs allegedly exported for reuse are actually recycled in the receiving country, this change would allow the EPA to improve tracking of CRTs claimed to be exported for reuse.
Proposal Would also Require Exporters of CRTs for Recycling to File Annual Reports
The proposed rule would also amend 40 CFR 361.39 to additionally require annual reports from exporters of used, broken CRTs sent for recycling, to be filed no later than March 1 of each year, including, among other things, quantities, frequency of shipment, ultimate destinations, and a certification by the exporter that the submitted information is accurate.
The EPA adds that the proposed annual reports would provide EPA with more accurate information on the total quantity of CRTs exported for recycling, and would also help determine whether CRTs exported for recycling are handled as commodities and not discarded. In addition, the EPA would be able to analyze shipments of broken CRTs for recycling from specific exporters by comparing actual shipments in the annual reports against proposed shipments in the notification.
(See ITT’s Online Archives 11031726 for summary of request for comments on used electronics recycling by a task force led by EPA, including a summary of the position of several U.S.-based recycling and environment groups opposed to export for the recycling of e-waste.
See ITT’s Online Archives 11072041 for summary of EPA’s July 2011 release of its recycling strategy for electronics and e-waste, including a plan to propose regulatory changes to improve compliance with existing regulation that governs the export of CRTs.
See ITT’s Online Archives 11091912 for summary of indictment of recycling company executives for failure to file a notification for export of CRTs with EPA.)
(FR Pub 03/15/12)