On January 8, 2010, EPA issued a final rule that amends the requirements for hazardous waste exports from, and imports into, the U.S. (75 FR 1253). One of the primary purpose of this rule is to align EPA's hazardous waste import and export regulations with the procedures of the Organization for Economic Cooperation and Development (OECD) concerning the transboundary movement of hazardous waste OECD is an international consortium that comprises 30 countries, including the U.S. Federal regulations regarding waste shipments destined for recovery within the OECD are found in 40 CFR 262, Subpart H and were previously based on OECD procedures established in March 1992 (note that these requirements do not apply to imports or exports of hazardous wastes between the U.S and either Mexico or Canada, which are governed by their respective bilateral agreements). The OECD procedures were significantly revised in June 2001, necessitating this update of EPA's regulations. As part of this final rule EPA is also making several changes to its non-OECD hazardous waste import/export rules, including requirements for spent lead acid batteries.
The final rule is effective in all states on July 7, 2010 and will be administered by EPA. EPA does not authorize States to administer the hazardous waste import/export regulations because of the Federal government's role in foreign policy matters. Although States do not receive authorization to administer these rules, State programs are required to adopt those provisions of the rule that are more stringent than existing federal requirements to maintain their equivalency with the Federal program.
Key provisions of the final rule are described below.
OECD Transboundary Rules: EPA is amending its regulations for transboundary shipments of hazardous waste destined for recovery within OECD countries to reflect the 2001 amendments made by OECD. Key changes, mainly affecting 40 CFR 262, Subpart H, include the following:
- Several changes have been made in terminology, including changing "transfrontier" to "transboundary" and "tracking document" to "movement document."
- The number of control levels for wastes has been reduced from three (Green, Amber and Red) to two (Green and Amber).
- Wastes not included in OECD's Green and Amber waste lists are now subject to the rules and regulations of the countries of concern, rather then being automatically subject to the Amber control procedures.
- Shipments of waste samples sent for laboratory analyses are now exempt from certain paperwork requirements.
- Notification requirements have been revised to include several new items, including: email addresses for exporters, importing recovery facilities, and importers; the address, telephone, fax, and e-mail of intended transporter(s); the expected means of transport; and the type of recovery operation(s) that will be used.
- Recovery facilities must now submit a certificate of recovery to all interested parties no later than 30 days after recovery has been completed and no later than one calendar year after the waste was received by the recovery facility.
- Provisions for mixtures have been clarified so that only those waste mixtures considered hazardous under U.S. regulations will be subject to the Amber control procedures within the U.S.
- New measures have been added regarding the return and re-export of hazardous wastes subject to Amber control procedures in situations where the transboundary movement of the waste cannot be completed as intended. These measures specify the steps to be taken to ensure that wastes are returned to the country of export within 90 days from the time the country of import or transit first informs the country of export of the problem.
- New procedures for imported hazardous wastes that are initially managed at U.S. accumulation and transfer facilities have been added to better track and document that subsequent recovery by a separate recycling facility is completed in an environmentally sound manner.
Spent Lead-Acid Batteries: EPA is adding export notification and consent requirements to the regulations for spent lead-acid batteries (SLABs) in 40 CFR 266. Under federal hazardous waste regulations, SLABs that are exported may be managed under the streamlined standards specifically for SLABs in 40 CFR 266 Subpart G, the universal wastes standards in 40 CFR 273, or the full hazardous waste management regulations. Previously, the standards in 40 CFR 266 Subpart G did not require businesses exporting SLABs for reclamation to comply with the hazardous waste export rules in 40 CFR part 262, subparts E and H (SLABs managed under the other two options were subject to the export rules). The export requirements added to 40 CFR 266 mirror those that apply to universal waste.
Hazardous Waste Import Requirements for U.S. Hazardous Waste Management Facilities: The requirements for U.S. hazardous waste management facilities have been revised to require that a copy of the relevant import consent documentation be submitted to EPA along with the RCRA hazardous waste manifest within 30 days of import shipment delivery (previously, only a copy of the hazardous waste manifest was required to be submitted to EPA to document hazardous waste import shipments).
Export Exception Reports: EPA is revising the address for submission of exception reports for all export shipments of hazardous waste. EPA is replacing "EPA Administrator" with "the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A)." This change establishes a uniform address for all exception reports submitted to comply with the hazardous waste requirements.
