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Export Provisions of Cathode Ray Tube Rule Revised

Thursday, June 26, 2014
Sandler, Travis & Rosenberg Trade Report

The Environmental Protection Agency has issued a final rule that, effective Dec. 26, will revise certain export provisions of the cathode ray tube final rule published July 28, 2006. Specifically, this rule adds a definition of “CRT exporter,” requires annual reports from exporters of used CRTs exported for recycling, revises the notifications that must be submitted when used CRTs are exported for recycling or reuse, and requires that normal business records maintained by exporters of used CRTs for reuse be translated into English upon request. The EPA states that these revisions will allow it to better track exports of CRTs for reuse and recycling to ensure safe management of these materials.

Definition of Exporter. To ensure that the EPA receives proper notification of all CRT shipments, this rule defines a CRT exporter as “any person in the United States who initiates a transaction to send used CRTs outside the United States or its territories for recycling or reuse, or any intermediary in the United States arranging for such export.” While the EPA expects only one person to perform the exporter duties required under the law, it will have the authority to enforce the CRT rule export regulations against all persons associated with the export who meet the definition of a CRT exporter.

The EPA is also requiring the CRT exporter and any intermediary arranging for the export to be in the United States because foreign-based entities add to the possibility of confusion over fulfilling export responsibilities and it is more difficult to establish EPA jurisdiction over such persons.

Reports. The final rule requires exporters of CRTs for recycling to submit annual reports no later than March 1. These reports must summarize the quantities (in kilograms), frequency of shipment, and ultimate destination(s) (i.e., the facility or facilities where the recycling occurs) of all used CRTs exported for recycling during the previous calendar year.They must also include the name, EPA ID number (if applicable), and mailing and site address of the CRT exporter, the calendar year covered by the report, and a certification of accuracy signed by the exporter. CRT exporters are required to keep copies of each annual report for at least three years.

Notifications. The notifications that must be submitted when CRTs are exported for recycling must include the name and address of the recycler(s) and the estimated quantity of used CRTs to be sent to each facility as well as the names of any alternate recyclers. The EPA is also replacing the one-time notice for used, intact CRTs exported for reuse with an expanded requirement that the notice (1) be submitted to cover exports for reuse expected over a 12-month or lesser period, (2) contain additional information, similar to the notification required for CRTs exported for recycling, and (3) be sent to the same EPA office that receives notices for CRTs exported for recycling.

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