Current through Register Vol. 50, No. 9, September 20, 2024
A.
Applicability. Any person who exports hazardous waste to a foreign country,
from a point of departure in the state of Louisiana, shall comply with the
requirements of this Chapter and with the special requirements of this Section.
This Section establishes requirements applicable to exports of hazardous waste.
Except to the extent LAC 33:V.1113.I provides otherwise, a primary exporter of
hazardous waste shall comply with the special requirements of this Section, and
a transporter who transports hazardous waste for export shall comply with
applicable requirements of LAC 33:V.Chapter 13.
C. General Requirements. Exports of hazardous
wastes are prohibited except in compliance with the applicable requirements of
this Section and LAC 33:V.Chapter 13. Exports of hazardous waste are prohibited
unless:
1. notification in accordance with
Subsection D of this Section has been provided;
2. the appropriate authority in the receiving
country has consented to accept the hazardous waste;
3. a copy of the EPA Acknowledgment of
Consent for the shipment accompanies the hazardous waste shipment and, unless
exported by rail, is attached to the manifest (or shipping paper for exports by
water [bulk shipment]);
4. the
hazardous waste shipment conforms to the terms of the receiving country's
written consent as reflected in the EPA Acknowledgement of Consent.
D. Notification of Intent to
Export
1. A primary exporter of hazardous
waste must notify the United States Environmental Protection Agency of an
intended export before such waste is scheduled to leave the United States. A
complete notification should be submitted 60 days before the initial shipment
is intended to be shipped off-site. This notification may cover export
activities extending over a 12-month or lesser period. The notification must be
in writing, signed by the primary exporter, and include the following
information:
a. name, mailing address,
telephone number, and EPA ID number of the primary exporter;
b. by consignee, for each hazardous waste
type:
i. a description of the hazardous waste
and the EPA hazardous waste number (LAC 33:V.4901 and 4903), U.S. Department of
Transportation proper shipping name, hazard class, and ID number for each
hazardous waste as identified in 49 CFR Part 171-177 ;
ii. the estimated frequency or rate at which
such waste is to be exported and the period of time over which such waste is to
be exported;
iii. the estimated
total quantity of the hazardous waste in units as specified in the instructions
to the Uniform Hazardous Waste Manifest Form (8700-22);
iv. all points of entry to and departure from
each foreign country through which the hazardous waste will pass;
v. a description of the means by which each
shipment of the hazardous waste will be transported (e.g., mode of
transportation vehicle [air, highway, rail, water, etc.], type[s] of container
[drums, boxes, tanks, etc.]);
vi. a
description of the manner in which the hazardous waste will be treated, stored,
or disposed of in the receiving country (e.g., land or ocean incineration,
other land disposal, ocean dumping, recycling);
vii. the name and site address of the
consignee and any alternate consignee; and
viii. the name of any transit countries
through which the hazardous waste will be sent and a description of the
approximate length of time the hazardous waste will remain in such country and
the nature of its handling while there.
2. Notification shall be sent to the Office
of Environmental Services, with "Attention: Notification to Export" prominently
displayed on the front of the envelope.
NOTE: This does not relieve the regulated community from
the requirement of submitting notification to the Office of Enforcement and
Compliance Assurance, Office of Federal Activities, International Compliance
Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW, Washington, DC 20460, as required by 40 CFR 262.53(b) and Paragraph
D.1 of this Section.
3.
Except for changes to the telephone number required by Subparagraph D.1.a of
this Section, changes to the information required by Clause D.1.b.v of this
Section, and decreases in the quantity indicated pursuant to Clause D.1.b.iii
of this Section, when the conditions specified on the original notification
change (including any exceedance of the estimate of the quantity of hazardous
waste specified in the original notification), the primary exporter must
provide the United States Environmental Protection Agency with a written
renotification of the change. The shipment cannot take place until consent of
the receiving country to the changes (except for changes to Clause D.1.b.viii
of this Section and in the ports of entry to and departure from transit
countries pursuant to Clause D.1.b.iv of this Section) has been obtained and
the primary exporter received an EPA Acknowledgment of Consent reflecting the
receiving country's consent to the changes.
4. Upon request by the United States
Environmental Protection Agency, a primary exporter shall furnish to the United
States Environmental Protection Agency any additional information which a
receiving country requests in order to respond to a notification.
5. In conjunction with the United States
Department of State, the United States Environmental Protection Agency (EPA)
shall provide a complete notification to the receiving country and any transit
countries. A notification is complete when the EPA receives a notification
which the EPA determines satisfies the requirements of Paragraph D.1 of this
Section. Where a claim of confidentiality is asserted with respect to any
notification information required by Paragraph D.1 of this Section, the EPA may
find the notification not complete until any such claim is resolved in
accordance with
40 CFR
260.2.
6. Where the receiving country consents to
the receipt of the hazardous waste, the EPA shall forward an EPA
acknowledgement of consent to the primary exporter for purposes of Paragraph
E.8 of this Section. Where the receiving country objects to receipt of the
hazardous waste or withdraws a prior consent, the EPA shall notify the primary
exporter in writing. The EPA will also notify the primary exporter of any
responses from transit countries.
E. Special Manifest Requirements. A primary
exporter must comply with manifest requirements of LAC 33:V.1107, except for
the following.
1. In lieu of the name, site
address, and EPA ID number of the designated permitted facility, the primary
exporter must enter the name and site address of the consignee.
2. In lieu of the name, site address, and EPA
ID number of a permitted alternate facility, the primary exporter may enter the
name and site address of any alternate consignee.
3. In the International Shipments block, the
primary exporter shall check the export box and enter the point of exit (city
and state) from the United States.
4. The following statement must be added to
the end of the first sentence of the certification set forth in Item 16 of the
Uniform Hazardous Waste Manifest Form: "and conforms to the terms of the
attached EPA Acknowledgment of Consent".
5. The primary exporter shall obtain the
manifest form from any source that is registered with the US EPA as a supplier
of manifests.
6. The primary
exporter must require the consignee to confirm in writing the delivery of the
hazardous waste to that facility and to describe any significant discrepancies
(as defined in LAC 33:V.1516.C.1) between the manifest and the shipment. A copy
of the manifest signed by such facility may be used to confirm delivery of the
hazardous waste.
7. In lieu of the
requirements of LAC 33:V.1107.A.3, where a shipment cannot be delivered for any
reason to the designated or alternate consignee, the primary exporter shall:
a. renotify the United States Environmental
Protection Agency of a change in the conditions of the original notification to
allow shipment to a new consignee in accordance with Paragraph D.3 of this
Section and obtain an EPA acknowledgment of consent prior to delivery;
or
b. instruct the transporter to
return the waste to the primary exporter in the United States or designate
another facility within the United States; and
c. instruct the transporter to revise the
manifest in accordance with the primary exporter's instructions.
8. The primary exporter must
attach a copy of the EPA Acknowledgement of Consent to the shipment to the
manifest which must accompany the hazardous waste shipment. For exports by rail
or water (bulk shipment), the primary exporter must provide the transporter
with an EPA Acknowledgment of Consent which must accompany the hazardous waste
but which need not be attached to the manifest except that for exports by water
(bulk shipment) the primary exporter must attach the copy of the EPA
Acknowledgment of Consent to the shipping paper.
9. The primary exporter shall provide the
transporter with an additional copy of the manifest for delivery to the U.S.
Customs official at the point the hazardous waste leaves the United States in
accordance with LAC 33:V.1307.G.4.
F. Exception Reports. In lieu of the
requirements of LAC 33:V.1023, 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, N.W., Washington, DC 20460, if any
of the following occurs:
1. he has not
received a copy of the manifest signed by the transporter stating the date and
place of departure from the United States within 45 days from the date it was
accepted by the initial transporter;
2. within 90 days from the date the waste was
accepted by the initial transporter, the primary exporter has not received
written confirmation from the consignee that the hazardous waste was received;
or
3. the waste is returned to the
United States.
G. Annual
Reports
1. Primary exporters of hazardous
waste shall file with the United States Environmental Protection Agency no
later than March 1 of each year, a report summarizing the types, quantities,
frequency, and ultimate destination of all hazardous waste exported during the
previous calendar year. Such reports shall include the following:
a. the EPA identification number, name, and
mailing and site address of the exporter;
b. the calendar year covered by the
report;
c. the name and site
address of each consignee;
d. by
consignee, for each hazardous waste exported, a description of the hazardous
waste, the EPA hazardous waste number (from LAC 33:V.4901 or 4903), U.S.
Department of Transportation hazard class, the name and US EPA ID number (where
applicable) for each transporter used, the total amount of waste shipped and
number of shipments pursuant to each notification;
e. except for hazardous waste produced by
exporters of greater than 100 kg, but less than 1000 kg, in a calendar month,
unless provided in accordance with LAC 33:V.1021 in even numbered years:
i. a description of the efforts undertaken
during the year to reduce the volume and toxicity of waste generated;
and
ii. a description of the
changes in volume and toxicity of waste actually achieved during the year in
comparison to previous years to the extent such information is available for
years prior to 1984;
f.
a certification signed by the primary exporter which 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."
2. Reports shall be sent to the
administrative authority of the Louisiana Department of Environmental Quality.
NOTE: This does not relieve the regulated community from
the requirement of submitting annual reports in accordance with 40 CFR 262.56
to the Office of Enforcement and Compliance Assurance, Office of Federal
Activities, International Compliance Assurance Division (2254A), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460.
Hand-delivered reports should be sent to the Office of Enforcement and
Compliance Assurance, Office of Federal Activities, International Compliance
Assurance Division, Environmental Protection Agency, Ariel Rios Bldg., Room
6144, 12th St. and Pennsylvania Ave., NW, Washington, DC 20004.
H. Recordkeeping
1. For all exports a primary exporter must:
a. keep a copy of each notification of intent
to export for a period of at least three years from the date the hazardous
waste was accepted by the initial transporter;
b. keep a copy of each EPA Acknowledgment of
Consent for a period of at least three years from the date the hazardous waste
was accepted by the initial transporter;
c. keep a copy of each confirmation of
delivery of the hazardous waste from the consignee for at least three years
from the date the hazardous waste was accepted by the initial transporter;
and
d. keep a copy of each annual
report for a period of at least three years from the due date of the
report.
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 United States Environmental Protection Agency.
I. International Agreements
1. Any person who exports or imports waste
considered hazardous under U.S. national procedures, (i.e., meets the
definition of
hazardous waste in LAC 33:V.109, and is subject
to either the manifest requirements of this Chapter, the universal waste
management standards of LAC 33:V.Chapter 38, or the requirements for spent
lead-acid batteries in LAC 33:V.4145) to or from designated member countries of
the OECD, as defined in Subparagraph I.1.a, of this Section for purposes of
recovery is subject to Subchapter B of this Section. The requirements of this
Section and LAC 33:V.1123 do not apply to such exports and imports.
a. For the purposes of this Subchapter, 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, Republic of Korea, Spain, Sweden,
Switzerland, Turkey, the United Kingdom, and the United States.
b. For the purposes of this Subchapter,
Canada and Mexico are considered OECD member countries only for the purpose of
transit.
2. 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 this Section and LAC 33:V.1123; however, they
are not subject to the requirements of LAC 33:V.1127.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
