Current through Register Vol. 48, No. 9, September 27, 2024
(a) The owner
or operator of a facility that is arranging or has arranged to receive
hazardous waste subject to part 262 subpart H from a foreign source must submit
the following required notices:
(1) As per
section 262.84(b), for imports where the competent authority of the country of
export does not require the foreign exporter to submit to it a notification
proposing export and obtain consent from EPA and the competent authorities for
the countries of transit, such owner or operator of the facility, if acting as
the importer, must provide notification of the proposed transboundary movement
in English to EPA using the allowable methods listed in section 262.84(b)(1) at
least sixty (60) days before the first shipment is expected to depart the
country of export. The notification may cover up to one (1) year of shipments
of wastes having similar physical and chemical characteristics, the same United
Nations classification, the same RCRA waste codes and OECD waste codes, and
being sent from the same foreign exporter.
(2) As per section 262.84(d)(2)(xv), a copy
of the movement document bearing all required signatures within three (3)
working days of receipt of the shipment to the foreign exporter; to the
competent authorities of the countries of export and transit that control the
shipment as an export and transit shipment of hazardous waste respectively; and
on or after the electronic import-export reporting compliance date, to EPA
electronically using EPA's Waste Import Export Tracking System (WIETS), or its
successor system. The original of the signed movement document must be
maintained at the facility for at least three (3) years. The owner or operator
of a facility may satisfy this recordkeeping requirement by retaining
electronically submitted documents in the facility's account on WIETS, or its
successor system, provided that copies are readily available for viewing and
production if requested by any EPA or authorized state inspector. No owner or
operator of a facility may be held liable for the inability to produce the
documents for inspection under this section if the owner or operator of a
facility can demonstrate that the inability to produce the document is due
exclusively to technical difficulty with WIETS, or its successor system for
which the owner or operator of a facility bears no responsibility.
(3) As per section 262.84(f)(4), if the
facility has physical control of the waste and it must be sent to an alternate
facility or returned to the country of export, such owner or operator of the
facility must inform EPA, using the allowable methods listed in section
262.84(b)(1) of the need to return or arrange alternate management of the
shipment.
(4) As per section
262.84(g), such owner or operator shall:
(i)
Send copies of the signed and dated confirmation of recovery or disposal, as
soon as possible, but no later than thirty (30) days after completing recovery
or disposal on the waste in the shipment and no later than one (1) calendar
year following receipt of the waste, to the foreign exporter, to the competent
authority of the country of export that controls the shipment as an export of
hazardous waste, and for shipments recycled or disposed of on or after the
electronic import-export reporting compliance date, to EPA electronically using
EPA's WIETS, or its successor system.
(ii) If the facility performed any of
recovery operations R12, R13, or RC16, or disposal operations D13 through D15,
or DC17, promptly send copies of the confirmation of recovery or disposal that
it receives from the final recovery or disposal facility within one year of
shipment delivery to the final recovery or disposal facility that performed one
of recovery operations R1 through R11, or RC16, or one of disposal operations
D1 through D12, or DC15 to DC16, to the competent authority of the country of
export that controls the shipment as an export of hazardous waste, and on or
after the electronic import-export reporting compliance date, to EPA
electronically using EPA's WIETS, or its successor system. The recovery and
disposal operations in this paragraph are defined in section 262.81.
(b) The owner or
operator of a facility that receives hazardous waste from an offsite source
(except where the owner or operator is also the generator) must inform the
generator in writing that he has the appropriate permit(s) under these
regulations for, and will accept, the waste the generator is shipping. The
owner or operator must keep a copy of this written notice as part of the
operating record.
(c) Before
transferring ownership or operation of a facility during its operating life, or
of a disposal facility during the postclosure care period, the owner or
operator must notify the new owner or operator in writing of the requirements
of this part and R.61-79.270.
[Comment: An owner's or operator's failure to notify the
new owner or operator of the requirements of this part in no way relieves the
new owner or operator of his obligation to comply with all applicable
requirements.]
