Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
General requirement.
Any person who exports hazardous waste to a foreign country
from Minnesota or imports hazardous waste from a foreign country into Minnesota
must comply with the special requirements of subparts
2 to
7.
Exports of hazardous waste are prohibited except in
compliance with the applicable requirements of this part and parts
7045.0351 to
7045.0397. Exports of hazardous
waste are prohibited unless:
A.
notification in accordance with subpart
2 has been
provided;
B. the receiving country
has consented to accept the hazardous waste;
C. a copy of the EPA Acknowledgment of
Consent to the shipment accompanies the hazardous waste shipment and, unless
exported by rail, is attached to the manifest, or for bulk shipment exports by
water to the shipping paper; and
D.
the hazardous waste shipment conforms to the terms of the receiving country's
written consent as reflected in the EPA Acknowledgment of Consent.
Subp. 1a.
International
agreements.
Any person who exports or imports hazardous waste subject to
the federal manifest requirements of Code of Federal Regulations, title 40,
part 262, or subject to parts
7045.0261 and
7045.0265 or part
7045.1400, to or from designated
member countries of the OECD as defined in Code of Federal Regulations, title
40, section 262.58(a)(1) for purposes of recovery, is subject to part
7045.0322 and the requirements of
this part do not apply.
Subp.
2.
Notification.
When shipping hazardous waste outside the state of Minnesota
to a foreign country the primary exporter must notify the commissioner and the
EPA of an intended export before the 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 sent to the commissioner at 520
Lafayette Road, Saint Paul, Minnesota 55155-4194, and to 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. Hand-delivered
notifications must be sent to the Office of Enforcement and Compliance
Assurance, Office of Federal Activities, International Compliance Assurance
Division (2254A), Environmental Protection Agency, Ariel Rios Building, 12th
Street and Pennsylvania Avenue N.W., Washington, DC 20460. In both cases, the
following must be prominently displayed on the front of the envelope:
"Attention: Notification of Intent to Export."
The primary exporter must provide the commissioner and the
EPA with written renotification of any changes to the notification, except for
changes to the telephone number, decreases in the quantity indicated in item B,
subitem (3), and changes in the means of transport in item B, subitem (5). The
waste shall not be shipped until the primary exporter receives an EPA
Acknowledgment of Consent reflecting the receiving country's consent to the
changes.
The notification must be in writing, signed by the primary
exporter, and include the following information:
A. name, mailing address, telephone number,
and identification number of the primary exporter; and
B. by consignee, for each hazardous waste
type:
(1) a description of the hazardous
waste and the EPA hazardous waste number (from Code of Federal Regulations,
title 40, part 261, subpart C or D, as amended), United States Department of
Transportation proper shipping name, hazard class, identification number
(UN/NA), and packing group for each hazardous waste as identified in Code of
Federal Regulations, title 49, parts 171 to 177, as amended;
(2) the estimated frequency or rate at which
the waste is to be exported and the period over which the waste is to be
exported;
(3) the estimated total
quantity of the hazardous waste in units as specified in the instructions to
the Uniform Hazardous Waste Manifest Form (8700-22);
(4) all points of entry to and departure from
each foreign country through which the hazardous waste will pass;
(5) a description of the means by which each
shipment of the hazardous waste will be transported, such as by air, highway,
rail, water, etc., and the types of container to be used, such as drums, boxes,
or tanks;
(6) a description of how
the hazardous waste will be treated, stored, or disposed of in the receiving
country, such as land or ocean incineration, other land disposal, ocean
dumping, or recycling;
(7) the name
and site address of the consignee and any alternate consignee;
(8) 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 those countries and the
nature of its handling while there; and
(9) upon request by the EPA, a primary
exporter shall furnish to the EPA and the commissioner any additional
information which a receiving country requests in order to respond to a
notification.
Subp.
3.
Exception report.
A primary exporter must file an exception report with the EPA
and the commissioner at the addresses listed in subpart
2, item B if:
A. the primary exporter has not received a
copy of the manifest signed by the transporter stating the date and place of
departure from Minnesota within 45 days from the date it was accepted by the
initial transporter;
B. 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
C. the waste is returned to the United
States.
Subp. 4.
Importers manifest requirements.
When importing hazardous waste, a person may obtain the
manifest form from any source that is registered with the United States
Environmental Protection Agency as a supplier of manifests and must meet all
requirements of parts
7045.0261 and
7045.0265 for the manifest except
that:
A. in place of the generator's
name, address, and identification number, the name and address of the foreign
generator and the importer's name, address, and identification number must be
used;
B. in place of the
generator's signature on the certification statement, the United States
importer or the importer's agent must sign and date the certification and
obtain the signature of the initial transporter;
C. in the international shipments block, the
importer must check the import box and enter the point of entry (city and
state) into the United States; and
D. the importer must provide the transporter
with an additional copy of the manifest to be submitted by the receiving
facility to the United States Environmental Protection Agency according to part
7045.0474, subpart
2, item B, or 7045.0580,
subpart
2, item B.
Subp. 5.
Exporters manifest
requirements.
When exporting hazardous waste, a primary exporter must
comply with parts
7045.0351 to
7045.0397, except that:
A. In lieu of the name, site address, and the
identification number of the designated permitted facility, the primary
exporter must enter the name and site address of the consignee.
B. In lieu of the name, site address, and the
identification number of a permitted alternate facility, the primary exporter
may enter the name and site address of any alternate consignee.
C. In the international shipments block, the
primary exporter must check the export box and enter the point of exit (city
and state) from the United States.
D. The following statement must be added to
the end of the first sentence of the certification, Uniform Hazardous Waste
Manifest Form, item 16: "and conforms to the terms of the attached EPA
Acknowledgment of Consent."
E. 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 described in part
7045.0476, between the manifest
and the shipment. A copy of the manifest signed by the facility may be used to
confirm delivery of the hazardous waste.
F. In lieu of the requirements of part
7045.0261, subpart
4, where a shipment cannot be
delivered for any reason to the designated or alternate consignee, the primary
exporter must:
(1) renotify the EPA and the
commissioner of a change in the conditions of the original notification to
allow shipment to a new consignee in accordance with subpart
2 and obtain an EPA
Acknowledgment of Consent before delivery; or
(2) instruct the transporter to return the
waste to the primary exporter in the United States or designate another
facility within the United States; and
(3) instruct the transporter to revise the
manifest in accordance with the primary exporter's instructions.
G. The primary exporter must
attach a copy of the EPA Acknowledgment of Consent for the shipment to the
manifest which must accompany the hazardous waste shipment. For exports by rail
or bulk shipments by water, 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 bulk shipment
exports by water, the primary exporter must attach the copy of the EPA
Acknowledgment of Consent to the shipping paper.
H. The primary exporter shall provide the
transporter with an additional copy of the manifest for delivery to the United
States Customs official at the point the hazardous waste leaves the United
States under part
7045.0381, subpart
4, item D.
Subp. 6.
Annual
reports.
Primary exporters of hazardous waste identified or listed
under this chapter shall file with the commissioner and the EPA 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. The reports shall include the following:
A. the 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 Code of Federal Regulations, title
40, part 261, subpart C or D, as amended), the Department of Transportation
hazard class, the name and identification number, where applicable, for each
transporter used, the total amount of waste shipped, and number of shipments
pursuant to each notification;
E. a
description of the efforts undertaken during the year to reduce the volume and
toxicity of waste generated and a description of the changes in volume and
toxicity of waste actually achieved during the year in comparison to previous
years to the extent the information is available for years before 1984;
and
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."
Reports shall be sent to the commissioner at 520 Lafayette
Road, Saint Paul, Minnesota 55155, and to 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. Hand-delivered reports to the Environmental
Protection Agency should be sent to the Office of Enforcement and Compliance
Assurance, Office of Federal Activities, International Compliance Assurance
Division (2254A), Environmental Protection Agency, Ariel Rios Building, 12th
Street and Pennsylvania Avenue N.W., Washington, DC 20460.
Subp. 7.
Record
keeping.
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.
The periods of retention referred to in this part are
extended automatically during any unresolved enforcement action regarding the
regulated activity or at the request of the commissioner.
Statutory Authority: MS s
116.07
