Current through Register Vol. 48, No. 9, September 27, 2024
(a) Scope.
The level of control for exports and imports of waste is indicated by
assignment of the waste to either a list of wastes subject to the Green control
procedures or a list of wastes subject to the Amber control procedures and
whether the waste is or is not hazardous waste. The OECD Green and Amber lists
are incorporated by reference in R.61-79.260.11.
(1) Green list wastes.
(i) Green wastes that are not hazardous
wastes are subject to existing controls normally applied to commercial
transactions, and are not subject to the requirements of this
subpart.
(ii) Green wastes that are
hazardous wastes are subject to the requirements of this subpart.
(2) Amber list wastes.
(i) Amber wastes that are hazardous wastes
are subject to the requirements of this subpart, even if they are imported to
or exported from a country that does not consider the waste to be hazardous or
control the transboundary shipment as a hazardous waste import or export.
(A) For exports, the exporter must comply
with R.61-79.262.83.
(B) For
imports, the recovery or disposal facility and the importer must comply with
section 262.84.
(ii)
Amber wastes that are not hazardous wastes, but are considered hazardous by the
other country are subject to the Amber control procedures in the country that
considers the waste hazardous, and are not subject to the requirements of this
subpart. All responsibilities of the importer or exporter shift to the foreign
importer or foreign exporter in the other country that considers the waste
hazardous unless the parties make other arrangements through contracts.
Note to paragraph (a)(2): Some Amber list
wastes are not listed or otherwise identified as hazardous under RCRA, and
therefore are not subject to the requirements of this subpart. Regardless of
the status of the waste under RCRA, however, other Federal environmental
statutes (e.g., the Toxic Substances Control Act) restrict certain waste
imports or exports. Such restrictions continue to apply with regard to this
subpart.
(3)
Mixtures of wastes.
(i) A Green waste that is
mixed with one or more other Green wastes such that the resulting mixture is
not hazardous waste is not subject to the requirements of this subpart.
Note to Paragraph (a)(3)(i): The regulated
community should note that some countries may require, by domestic law, that
mixtures of different Green wastes be subject to the Amber control
procedures.
(ii) A Green
waste that is mixed with one or more Amber wastes, in any amount, de minimis or
otherwise, or a mixture of two or more Amber wastes, such that the resulting
waste mixture is hazardous waste is subject to the requirements of this
subpart.
Note to Paragraph (a)(3)(ii): The regulated
community should note that some countries may require, by domestic law, that a
mixture of a Green waste and more than a de minimis amount of an Amber waste or
a mixture of two or more Amber wastes be subject to the Amber control
procedures.
(4)
Wastes not yet assigned to an OECD waste list are eligible for transboundary
movements, as follows:
(i) If such wastes are
hazardous wastes, such wastes are subject to the requirements of this
subpart.
(ii) If such wastes are
not hazardous wastes, such wastes are not subject to the requirements of this
subpart.
(b)
General conditions applicable to transboundary movements of hazardous waste.
(1) The hazardous waste must be destined for
recovery or disposal operations at a facility that, under applicable domestic
law, is operating or is authorized to operate in the country of
import;
(2) The transboundary
movement must be in compliance with applicable international transport
agreements; and
Note to Paragraph (b)(2): These international
agreements include, but are not limited to, the Chicago Convention (1944), ADR
(1957), ADNR (1970), MARPOL Convention (1973/1978), SOLAS Convention (1974),
IMDG Code (1985), COTIF (1985), and RID (1985).
(3) Any transit of hazardous waste through
one or more countries must be conducted in compliance with all applicable
international and national laws and regulations.
(c) Duty to return wastes subject to the
Amber control procedures during transit through the United
States. When a transboundary movement of hazardous wastes
transiting the United States and subject to the Amber control procedures does
not comply with the requirements of the notification and movement documents or
otherwise constitutes illegal shipment, and if alternative arrangements cannot
be made to recover or dispose of these wastes in an environmentally sound
manner, the waste must be returned to the country of export. The U.S.
transporter must inform EPA at the specified mailing address in paragraph (e)
of this section of the need to return the shipment. EPA will then inform the
competent authority of the country of export, citing the reason(s) for
returning the waste. The U.S. transporter must complete the return within
ninety (90) days from the time EPA informs the country of export of the need to
return the waste, unless informed in writing by EPA of another timeframe agreed
to by the concerned countries.
(d)
Laboratory analysis exemption. Export or import of a hazardous waste sample is
exempt from the requirements of this subpart if the sample is destined for
laboratory analysis to assess its physical or chemical characteristics, or to
determine its suitability for recovery or disposal operations, does not exceed
twenty-five (25) kilograms in quantity, is appropriately packaged and labeled,
and complies with the conditions of R.61-79.261.4(d) or (e).
(e) EPA Address for submittals by postal mail
or hand delivery. Submittals required in this subpart to be
made by postal mail or hand delivery should be sent to the following addresses:
(1) For postal mail delivery, the Office of
Land and Emergency Management, Office of Resource Conservation and Recovery,
Materials Recovery and Waste Management Division, International Branch (Mail
Code 2255A), Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
Washington, DC 20460.
(2) For hand
delivery, the Office of Land and Emergency Management, Office of Resource
Conservation and Recovery, Materials Recovery and Waste Management Division,
International Branch, Environmental Protection Agency, William Jefferson
Clinton South Bldg., Room 6144, 1200 Pennsylvania Ave., NW., Washington, DC
20004."
(f) Requirements
for wastes destined for and received by R12 and R13 facilities. The
transboundary movement of wastes destined for R12 and R13 operations must
comply with all Amber control procedures for notification and consent as set
forth in 262.83 and for the movement document as set forth in 262.84.
Additional responsibilities of R12/R13 facilities include:
(1) Indicating in the notification document
the foreseen recovery facility or facilities where the subsequent R1-R11
recovery operation takes place or may take place.
(2) Within three (3) days of the receipt of
the wastes by the R12/R13 recovery facility or facilities, the facility(ies)
shall return a signed copy of the movement document to the exporter and to the
competent authorities of the countries of export and import. The facility(ies)
shall retain the original of the movement document for three (3)
years.
(3) As soon as possible, but
no later than thirty (30) days after the completion of the R12/R13 recovery
operation and no later than one (1) calendar year following the receipt of the
waste, the R12 or R13 facility(ies) shall send a certificate of recovery to the
foreign exporter and to the competent authority of the country of export 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, D.C. 20460, by
mail, e-mail without digital signature followed by mail, or fax followed by
mail.
(4) When an R12/R13 recovery
facility delivers wastes for recovery to an R1-R11 recovery facility located in
the country of import, it shall obtain as soon as possible, but no later than
one (1) calendar year following delivery of the waste, a certification from the
R1-R11 facility that recovery of the wastes at that facility has been
completed. The R12/R13 facility must promptly transmit the applicable
certification to the competent authorities of the countries of import and
export, identifying the transboundary movements to which the certification
pertain.
(5) When an R12/R13
recovery facility delivers wastes for recovery to an R1-R11 recovery facility
located:
(i) In the initial country of export,
Amber control procedures apply, including a new notification;
(ii) In a third country other than the
initial country of export, Amber control procedures apply, with the additional
provision that the competent authority of the initial country of export shall
also be notified of the transboundary movement.
(g) Laboratory analysis exemption. The
transboundary movement of an Amber waste is exempt from the Amber control
procedures if it is in certain quantities and destined for laboratory analysis
to assess its physical or chemical characteristics, or to determine its
suitability for recovery operations. The quantity of such waste shall be
determined by the minimum quantity reasonably needed to perform the analysis in
each particular case adequately, but in no case exceed twenty-five kilograms
(25 kg). Waste destined for laboratory analysis must still be appropriately
packaged and labeled.
