	RCRA REVISION CHECKLIST 232
     Revisions to the Export Provisions of the Cathode Ray Tube (CRT) Rule 
                               79 FR 36220-36231
	June 26, 2014
	(RCRA Cluster XXIII, Non-HSWA)
                              
Name of State:	Virginia
State Statutory Authority:	§ 10.1-1402 of the Code of Virginia
Title of Regulations: 	Virginia Hazardous Waste Management Regulations, 9VAC20-60
Effective Date:   Annual Update 2014 effective April 8, 2015 (VA.R. Volume 31, Issue 14; March 9, 2015)
Date Checklist Completed: 	February 27, 2015

                                       
                                       
                                       
                             FEDERAL REQUIREMENTS
                                       
                             FEDERAL RCRA CITATION
                                       
                           ANALOGOUS STATE CITATION
                                       
                               STATE ANALOG IS:
                                                                               




                                  EQUIV-ALENT

                                     LESS
                                    STRIN-
                                     GENT

                                MORE STRIN-GENT

                               BROADER IN SCOPE
                                                                               
            PART 260 -- HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL 
                                                                               
                           SUBPART B -- DEFINITIONS
                                                                               
DEFINITIONS
                                                                               
add in alphabetical order the definition of "CRT exporter"  to read as follows:
260.10 
                                 9VAC20-60-18.
              Incorporated by reference (IBR) in 9VAC20-60-260A.
                                       X
                                       
                                       
                                       
                                                                               
CRT exporter means 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.
260.10 
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-260A.
                                       X
                                       
                                       
                                       
                                                                               
           PART 261 -- IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
                                                                               
                             SUBPART A -- GENERAL
                                                                               
Section 261.39 is amended by revising paragraph (a)(5)(i)(F) and adding paragraphs (a)(5)(x) and (a)(5)(xi) to read as follows:
261.39
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-261A.
                                       X
                                       
                                       
                                       
                                                                               
The name and address of the recycler or recyclers and the estimated quantity of used CRTs to be sent to each facility, as well as the names of any alternate recyclers.
261.39(a)(5)(i)(F)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-261A.
                                       X
                                       
                                       
                                       
                                                                               
CRT exporters must file with EPA no later than March 1 of each year, an annual report summarizing 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 during the previous calendar year. Such reports must also include the following:
261.39(a)(5)(x)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-261A.
                                       X
                                       
                                       
                                       
                                                                               
The name, EPA ID number (if applicable), and mailing and site address of the exporter;
261.39(a)(5)(x)(A)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-261A.
                                       X
                                       
                                       
                                       
                                                                               
The calendar year covered by the report;
261.39(a)(5)(x)(B)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-261A.
                                       X
                                       
                                       
                                       
                                                                               
A certification signed by the CRT exporter 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 this 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."
261.39(a)(5)(x)(C)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-261A.
                                       X
                                       
                                       
                                       
                                                                               
Annual reports must be submitted to the office specified in paragraph (a)(5)(ii) of this section. Exporters must keep copies of each annual report for a period of at least three years from the due date of the report.
261.39(a)(5)(xi)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-261A.
                                       X
                                       
                                       
                                       
                                                                               
Notification and Recordkeeping for Used, Intact Cathode Ray Tubes (CRTs) Exported for Reuse
261.41
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-261A.
                                       X
                                       
                                       
                                       
                                                                               
CRT exporters who export used, intact CRTs for reuse must send a notification to EPA. This notification may cover export activities extending over a twelve (12) month or lesser period.
261.41(a)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-261A.
                                       X
                                       
                                       
                                       
                                                                               
The notification must be in writing, signed by the exporter, and include the following information:
261.41(a)(1)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-261A.
                                       X
                                       
                                       
                                       
                                                                               
Name, mailing address, telephone number, and EPA ID number (if applicable) of the exporter of the used, intact CRTs;
261.41(a)(1)(i)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-261A.
                                       X
                                       
                                       
                                       
                                                                               
The estimated frequency or rate at which the used, intact CRTs are to be exported for reuse and the period of time over which they are to be exported;
261.41(a)(1)(ii)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-261A.
                                       X
                                       
                                       
                                       
                                                                               
The estimated total quantity of used, intact CRTs specified in kilograms;
261.41(a)(1)(iii)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-261A.
                                       X
                                       
                                       
                                       
                                                                               
All points of entry to and departure from each transit country through which the used, intact CRTs will pass, a description of the approximate length of time the used, intact CRTs will remain in such country, and the nature of their handling while there;
261.41(a)(1)(iv)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-261A.
                                       X
                                       
                                       
                                       
                                                                               
A description of the means by which each shipment of the used, intact CRTs will be transported (e.g., mode of transportation vehicle (air, highway, rail, water, etc.), type(s) of container (drums, boxes, tanks, etc.));
261.41(a)(1)(v)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-261A.
                                       X
                                       
                                       
                                       
                                                                               
The name and address of the ultimate destination facility or facilities where the used, intact CRTs will be reused, refurbished, distributed, or sold for reuse and the estimated quantity of used, intact CRTs to be sent to each facility, as well as the name of any alternate destination facility or facilities;
261.41(a)(1)(vi)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-261A.
                                       X
                                       
                                       
                                       
                                                                               
A description of the manner in which the used, intact CRTs will be reused (including reuse after refurbishment) in the foreign country that will be receiving the used, intact CRTs; and
261.41(a)(1)(vii)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-261A.
                                       X
                                       
                                       
                                       
                                                                               
A certification signed by the CRT exporter that states:  "I certify under penalty of law that the CRTs described in this notice are intact and fully functioning or capable of being functional after refurbishment and that the used CRTs will be reused or refurbished and reused. 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."
261.41(a)(1)(viii)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-261A.
                                       X
                                       
                                       
                                       
                                                                               
Notifications submitted by mail should be sent to the following mailing address: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, (Mail Code 2254A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC  20460. Hand-delivered notifications should be sent to: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, (Mail Code 2254A), Environmental Protection Agency, William Jefferson Clinton Building, Room 6144, 1200 Pennsylvania Ave. N.W., Washington, DC 20004. In both cases, the following shall be prominently displayed on the front of the envelope: "Attention: Notification of Intent to Export CRTs."
261.41(a)(2)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-261A.
                                       X
                                       
                                       
                                       
                                                                               
CRT exporters of used, intact CRTs sent for reuse must keep copies of normal business records, such as contracts, demonstrating that each shipment of exported used, intact CRTs will be reused. This documentation must be retained for a period of at least three years from the date the CRTs were exported. If the documents are written in a language other than English, CRT exporters of used, intact CRTs sent for reuse must provide both the original, non-English version of the normal business records as well as a third-party translation of the normal business records into English within 30 days upon request by EPA.
261.41(b)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-261A.
                                       X
                                       
                                       
                                       

