(1) ANNUAL REPORTS.
For all waste movements subject to this subchapter, persons (e.g., notifiers,
recognized traders) who meet the definition of primary exporter in s.
NR 662.051 shall file an annual report with the:
Office of Enforcement and Compliance Assurance
Office of Compliance; Enforcement Planning, Targeting
and
Data Division (2222A)
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Washington, DC 20460
no later than March 1 of each year summarizing the types,
quantities, frequency and ultimate destination of all of the hazardous waste
exported during the previous calendar year. (If the primary exporter is
required to file an annual report for waste exports that are not covered under
this subchapter, the primary exporter may include all export information in one
report provided the following information on exports of waste destined for
recovery within the designated OECD member countries is contained in a separate
section.) The reports shall include all of the following:
(a) The EPA identification number, name and
mailing and site address of the notifier filing the report.
(b) The calendar year covered by the
report.
(c) The name and site
address of each final recovery facility.
(d) By final recovery facility, for each
hazardous waste exported, a description of the hazardous waste, the EPA
hazardous waste number (from 40 CFR part 261, subpart C or D), designation of
waste type from OECD waste list and applicable waste code from the OECD lists,
U.S. DOT hazard class, the name and U.S. EPA identification number (where
applicable) for each transporter used, the total amount of hazardous waste
shipped pursuant to this subchapter and number of shipments pursuant to each
notification.
(e) In even numbered
years, for each hazardous waste exported, except for hazardous waste produced
by exporters of greater than 100 kg (220 pounds) but less than 1,000 kg (2,205
pounds) in a calendar month, and except for hazardous waste for which
information was already provided pursuant to s.
NR 662.041, all of the following:
1. A description of the efforts undertaken
during the year to reduce the volume and toxicity of waste generated.
2. A description of the changes in volume and
toxicity of the waste actually achieved during the year in comparison to
previous years to the extent the information is available for years prior to
1984.
(f) A
certification signed by the person acting as primary exporter that 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) EXCEPTION REPORTS. Any person who meets
the definition of primary exporter in s.
NR 662.051 shall file an exception report in lieu of the
requirements of ss.
NR 662.042
and 662.193(2) with the
EPA administrator if any of the following occurs:
(a) The primary exporter has not received a
copy of the tracking documentation signed by the transporter stating point of
departure of the waste from the United States, 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 notifier has not received written
confirmation from the recovery facility that the hazardous waste was
received.
(c) The waste is returned
to the United States.
(3) RECORDKEEPING.
(a) Persons who meet the definition of
primary exporter in s.
NR 662.051 shall keep all of the following records:
1. A copy of each notification of intent to
export and all written consents obtained from the competent authorities of
concerned countries for a period of at least 3 years from the date the
hazardous waste was accepted by the initial transporter.
2. A copy of each annual report for a period
of at least 3 years from the due date of the report.
3. A copy of any exception reports and a copy
of each confirmation of delivery (i.e., tracking documentation) sent by the
recovery facility to the notifier for at least 3 years from the date the
hazardous waste was accepted by the initial transporter or received by the
recovery facility, whichever is applicable.
(b) 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 EPA
administrator.
