	RCRA REVISION CHECKLIST 236
                                       
                    Imports and Exports of Hazardous Waste
                               81 FR 85696-85729
                               82 FR 41015-41016
                                  83 FR 38263
              November 28, 2016, August 29, 2017, August 6, 2018
	(RCRA Cluster XXV, HSWA)
                 Revised May 7, 2019 (Remove 40 CFR 273.70(d))

Note:  1) Like the previous export requirements at 40 CFR 262, Subpart E, the 40 CFR 262, Subpart H requirements will be administered by EPA and not the States because the exercise of foreign relations and international commerce powers is reserved to the Federal government under the Constitution.  However, EPA strongly encourages States to incorporate these requirements into their regulations for the convenience of the regulated community and for completeness, particularly in the situation where a State has already incorporated the previous 40 CFR 262, Subparts E, F, and H provisions into its regulations.    

2)  The requirements in this rule apply to only hazardous wastes identified or listed under the state authorized program and any federal hazardous waste established under the Hazardous and Solid Waste Amendments of 1984 (HSWA), including those hazardous wastes managed under the alternate management standards of 40 CFR Part 266 and 40 CFR Part 273 (and analogous state requirements). Thus, State-only wastes that are not part of the state authorized program would not be subject to the import/export regulations addressed by this rule. The summary provides guidance and examples for appropriately incorporating these new requirements into State regulations.  

3) The Automated Export System (AES) filing compliance date referenced at 40 CFR 261.39(a)(5)(v)(B) and 262.83(a)(6)(i) was set as December 31, 2017, in 82 FR 41015 (August 29, 2017).  States should insert this date into their regulations.
                              
Name of State:  Virginia

State Statutory Authority: § 10.1-1402 of the Code of Virginia

Title of Regulations:  Virginia Hazardous Waste Management Regulations, 9VAC20-60

Effective Date:   April 8, 2018 (Virginia Register, Volume 34, Issue 14, March 5, 2018)

Date Checklist Completed:  September 23, 2019
                                       
                                       
                                       
                                       
                             FEDERAL REQUIREMENTS
                                       
                             FEDERAL RCRA CITATION
                                       
                           ANALOGOUS STATE CITATION
                                       
                               STATE ANALOG IS:
                                                                               




                                  EQUIV-ALENT

                                     LESS
                                    STRIN-
                                     GENT

                                MORE STRIN-GENT

                               BROADER IN SCOPE
                                                                               
            PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL
                                                                               
                            SUBPART B - DEFINITIONS
                                                                               
DEFINITIONS
                                                                              2
Add "AES filing compliance date" to mean: the date that EPA announces in the Federal Register, on or after which exporters of hazardous waste and exporters of cathode ray tubes for recycling are required to file EPA information in the Automated Export System or its successor system, under the International Trade Data System (ITDS) platform.
260.10 
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-260 A. and B.12
                                       X
                                       
                                       
                                       
                                                                               
Add "Electronic import-export reporting compliance date" to mean: the date that EPA announces in the Federal Register, on or after which exporters, importers, and receiving facilities are required to submit certain export and import related documents to EPA using EPA's Waste Import Export Tracking System, or its successor system.
260.10 
9VAC20-60-18.
IBR in 9VAC20-60-260 A and B.12
                                       X
                                       
                                       
                                       
                                                                               
Add "Recognized trader" to mean a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.
260.10 
9VAC20-60-18.
IBR in 9VAC20-60-260 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise section 260.11(g) as follows: The following materials are available for purchase from the Organization for Economic Cooperation and Development, Environment Directorate, 2 rue André Pascal, F-75775 Paris Cedex 16, France.
260.11(g) introductory text
9VAC20-60-18.
IBR in 9VAC20-60-260 A.
                                       X
                                       
                                       
                                       
                                                                               
Guidance Manual for the Control of Transboundary Movements of  Recoverable Wastes, copyright 2009, Annex B: OECD Consolidated List of Wastes Subject to the Green Control Procedure and Annex C: OECD Consolidated List of Wastes Subject to the Amber Control Procedure, IBR approved for §§ 262.82(a), 262.83(b),(d), and (g), and 262.84(b) and (d) of this chapter.
260.11(g)(1)
9VAC20-60-18.
IBR in 9VAC20-60-260 A.
                                       X
                                       
                                       
                                       
                                                                               
[Reserved]
260.11(g)(2)
9VAC20-60-18.
IBR in 9VAC20-60-260 A.
                                       X
                                       
                                       
                                       
                                                                               
           PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
                                                                               
                              SUBPART A - GENERAL
                                                                              1
Revise to read: Except as provided in paragraphs (d)(2) and (4) of this section, a sample of solid waste or a sample of water, soil, or air, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to any requirements of this part or parts 262 through 268 or part 270 or part 124 of this chapter or to the notification requirements of section 3010 of RCRA, when:
261.4(d)(1)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                              1
Add: In order to qualify for the exemption in paragraphs (d)(1)(i) and (ii) of this section, the mass of a sample that will be exported to a foreign laboratory or that will be imported to a U.S. laboratory from a foreign source must additionally not exceed 25 kg.
261.4(d)(4)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                            1,6
Revise to read: Except as provided in paragraphs (e)(2) and (4) of this section, persons who generate or collect samples for the purpose of conducting treatability studies as defined in 40 CFR 260.10, are not subject to any requirement of 40 CFR parts 261 through 263 or to the notification requirements of Section 3010 of RCRA, nor are such samples included in the quantity determinations of 40 CFR 261.5 and 262.34(d) when:
261.4(e)(1)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                              1
Add: In order to qualify for the exemption in paragraph (e)(1)(i) of this section, the mass of a sample that will be exported to a foreign laboratory or testing facility, or that will be imported to a U.S. laboratory or testing facility from a foreign source must additionally not exceed 25 kg.
261.4(e)(4)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise to read: Industrial ethyl alcohol that is reclaimed except that exports and imports of such recyclable materials must comply with the requirements of 40 CFR part 262, subpart H.
261.6(a)(3)(i)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise to read: Hazardous waste that is exported or imported for purpose of recovery is subject to the requirements of 40 CFR part 262, subpart H.
261.6(a)(5)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
                      SUBPART E  -  EXCLUSIONS/EXEMPTIONS
                                                                               
Revise to read: Notifications must be submitted electronically using EPA's Waste Import Export Tracking System (WIETS), or its successor system.
261.39(a)(5)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise to read: The export of CRTs is prohibited unless all of the following occur:
261.39(a)(5)(v)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
The receiving country consents to the intended export. When the receiving country consents in writing to the receipt of the CRTs, EPA will forward an Acknowledgment of Consent to Export CRTs to the exporter. Where the receiving country objects to receipt of the CRTs or withdraws a prior consent, EPA will notify the exporter in writing. EPA will also notify the exporter of any responses from transit countries.
261.39(a)(5)(v)(A)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                              2
On or after the AES filing compliance date, the exporter or a U.S. authorized agent must:
261.39(a)(5)(v)(B)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
Submit Electronic Export Information (EEI) for each shipment to the Automated Export System (AES) or its successor system, under the International Trade Data System (ITDS) platform, in accordance with 15 CFR 30.4(b).
261.39(a)(5)(v)(B)(1)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
Include the following items in the EEI, along with the other information required under 15 CFR 30.6:
261.39(a)(5)(v)(B)(2)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
EPA license code;
261.39(a)(5)(v)(B)(2)(i)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
Commodity classification code per 15 CFR 30.6(a)(12);
261.39(a)(5)(v)(B)(2)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
EPA consent number;
261.39(a)(5)(v)(B)(2)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
Country of ultimate destination per 15 CFR 30.6(a)(5);
261.39(a)(5)(v)(B)(2)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
Date of export per 15 CFR 30.6(a)(2);
261.39(a)(5)(v)(B)(2)(v)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
Quantity of waste in shipment and units for reported quantity, if required reporting units established by value for the reported commodity classification number are in units of weight or volume per 15 CFR 30.6(a)(15); or
261.39(a)(5)(v)(B)(2)(vi)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
EPA net quantity reported in units of kilograms, if required reporting units established by value for the reported commodity classification number are not in units of weight or volume.
261.39(a)(5)(v)(B)(2)(vii)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise to read: When the conditions specified on the original notification change, the exporter must provide EPA with a written renotification of the change using the allowable methods listed in paragraph (a)(5)(ii) of this section, except for changes to the telephone number in paragraph (a)(5)(i)(A) of this section and decreases in the quantity indicated pursuant to paragraph (a)(5)(i)(C) of this section. The shipment cannot take place until consent of the receiving country to the changes has been obtained (except for changes to information about points of entry and departure and transit countries pursuant to paragraphs (a)(5)(i)(D) and (H) of this section) and the exporter of CRTs receives from EPA a copy of the Acknowledgment of Consent to Export CRTs reflecting the receiving country's consent to the changes.
261.39(a)(5)(vi)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise to read: Exporters must keep copies of notifications and Acknowledgments of Consent to Export CRTs for a period of three years following receipt of the Acknowledgment. Exporters may satisfy this recordkeeping requirement by retaining electronically submitted notifications or electronically generated Acknowledgements in the CRT exporter's account on EPA's Waste Import Export Tracking System (WIETS), or its successor system, provided that such copies are readily available for viewing and production if requested by any EPA or authorized state inspector. No CRT exporter may be held liable for the inability to produce a notification or Acknowledgement for inspection under this section if the CRT exporter can demonstrate that the inability to produce such copies are due exclusively to technical difficulty with EPA's Waste Import Export Tracking System (WIETS), or its successor system for which the CRT exporter bears no responsibility.
261.39(a)(5)(ix)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                            2,7
Revise to read: Prior to one year after the AES filing compliance date, annual reports must be sent to the following mailing address: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, (Mail Code 2254A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Hand-delivered annual reports on used CRTs exported during 2016 should be sent to: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, (Mail Code 2254A), Environmental Protection Agency, Ariel Rios Bldg., Room 6144, 1200 Pennsylvania Ave., NW, Washington, DC. Subsequently, annual reports must be submitted to the office listed using the allowable methods specified in paragraph (a)(5)(ii) of this section. Exporters must keep copies of each annual report for a period of at least three years from the due date of the report. Exporters may satisfy this recordkeeping requirement by retaining electronically submitted annual reports in the CRT exporter's account on EPA's Waste Import Export Tracking System (WIETS), or its successor system, provided that a copy is readily available for viewing and production if requested by any EPA or authorized state inspector. No CRT exporter may be held liable for the inability to produce an annual report for inspection under this section if the CRT exporter can demonstrate that the inability to produce the annual report is due exclusively to technical difficulty with EPA's Waste Import Export Tracking System (WIETS), or its successor system for which the CRT exporter bears no responsibility.
261.39(a)(5)(xi)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
      PART 262  -  STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
                                                                               
                              SUBPART A - GENERAL
                                                                               
Revise to read: Any person who exports or imports hazardous wastes must comply with § 262.12 and subpart H of this part.
262.10(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              3
Add: A recognized trader must not arrange for import or export of hazardous waste without having received an EPA identification number from the Administrator.
262.12(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              4
Revise the last sentence to read: A separate annual report requirement is set forth at § 262.83(g) for hazardous waste exporters.
262.41(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
                     SUBPART E  -  [REMOVED AND RESERVED]
                                                                               
Remove and reserve subpart E, consisting of §§262.50 through 262.58.

9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
                     SUBPART F  -  [REMOVED AND RESERVED]
                                                                               
Remove and reserve subpart F, consisting of §262.60.

9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
SUBPART H  -  TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTE FOR RECOVERY AND DISPOSAL
                                                                               
Revise Subpart H to read as follows:


                                       
                                       
                                       
                                       
                                                                               
Applicability.
262.80 title
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The requirements of this subpart apply to transboundary movements of hazardous wastes.
262.80(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Any person (including exporter, importer, disposal facility operator, or recovery facility operator) who mixes two or more wastes (including hazardous and non-hazardous wastes) or otherwise subjects two or more wastes (including hazardous and non-hazardous wastes) to physical or chemical transformation operations, and thereby creates a new hazardous waste, becomes a generator and assumes all subsequent generator duties under RCRA and any exporter duties, if applicable, under this subpart.
262.80(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Definitions.
262.81 title
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
In addition to the definitions set forth at 40 CFR 260.10, the following definitions apply to this subpart:
262.81 introductory sentence
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Competent authority means the regulatory authority or authorities of concerned countries having jurisdiction over transboundary movements of wastes.
262.81 
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Countries concerned means the countries of export or import and any countries of transit.
262.81 
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Country of export means any country from which a transboundary movement of hazardous wastes is planned to be initiated or is initiated.
262.81 
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Country of import means any country to which a transboundary movement of hazardous wastes is planned or takes place for the purpose of submitting the wastes to recovery or disposal operations therein.
262.81 
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Country of transit means any country other than the country of export or country of import across which a transboundary movement of hazardous wastes is planned or takes place.
262.81 
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Disposal operations means activities which do not lead to the possibility of resource recovery, recycling, reclamation, direct re-use or alternate uses, which include:
(1) D1 Release or Deposit into or onto land, other than by any of operations D2 through D5 or D12. 
(2) D2 Land treatment, such as biodegradation of liquids or sludges in soils. 
(3) D3 Deep injection, such as injection into wells, salt domes or naturally occurring repositories. 
(4) D4 Surface impoundment, such as placing of liquids or sludges into pits, ponds or lagoons. 
(5) D5 Specially engineered landfill, such as placement into lined discrete cells which are capped and isolated from one another and the environment.
(6) D6 Release into a water body other than a sea or ocean, and other than by operation D4. 
(7) D7 Release into a sea or ocean, including sea-bed insertion, other than by operation D4. 
(8) D8 Biological treatment not specified elsewhere in operations D1 through D12, which results in final compounds or mixtures which are discarded by means of any of operations D1 through D12. 
(9) D9 Physical or chemical treatment not specified elsewhere in operations D1 through D12, such as evaporation, drying, calcination, neutralization, or precipitation, which results in final compounds or mixtures which are discarded by means of any of operations D1through D12. 
(10) D10 Incineration on land. 
(11) D11 Incineration at sea.
(12) D12 Permanent storage. 
(13) D13 Blending or mixing, prior to any of operations D1 through D12.
(14) D14 Repackaging, prior to any of operations D1 through D13. 
(15) D15 (or DC17 for transboundary movements with Canada only) Interim Storage, prior to any of operations D1 through D12.
(16) DC15 Release, including the venting of compressed or liquified gases, or treatment, other than by any of operations D1 to D12 (for transboundary movements with Canada only).
(17) DC16 Testing of a new technology to dispose of a hazardous waste (for transboundary movements with Canada only).
262.81 
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
EPA Acknowledgment of Consent (AOC) means the letter EPA sends to the exporter documenting the specific terms of the country of import's consent and the country(ies) of transit's consent(s). The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1.
262.81 
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Export means the transportation of hazardous waste from a location under the jurisdiction of the United States to a location under the jurisdiction of another country, or a location not under the jurisdiction of any country, for the purposes of recovery or disposal operations therein.
262.81 
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Exporter, also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with § 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subpart B of this part, or equivalent State provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import. 
262.81
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Foreign exporter means the person under the jurisdiction of the country of export who has, or will have at the time the planned transboundary movement commences, possession or other forms of legal control of the hazardous wastes and who proposes shipment of the hazardous wastes to the United States for recovery or disposal operations.
262.81
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Foreign importer means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the exported hazardous waste is received in the country of import.
262.81 
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Foreign receiving facility means a facility which, under the importing country's applicable domestic law, is operating or is authorized to operate in the country of import to receive the hazardous wastes and to perform recovery or disposal operations on them.
262.81 
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Import means the transportation of hazardous waste from a location under the jurisdiction of another country to a location under the jurisdiction of the United States for the purposes of recovery or disposal operations therein.
262.81 
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Importer means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.
262.81 
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
OECD area means all land or marine areas under the national jurisdiction of any OECD Member country. When the regulations refer to shipments to or from an OECD Member country, this means OECD area.
262.81 
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
OECD means the Organization for Economic Cooperation and Development.
262.81 
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
OECD Member country means the countries that are members of the OECD and participate in the Amended 2001 OECD Decision. (EPA provides a list of OECD Member countries at https://www.epa.gov/hwgenerators/international-agreements-transboundary-shipments-waste).
262.81 
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Receiving facility means a U.S. facility which, under RCRA and other applicable domestic laws, is operating or is authorized to operate to receive hazardous wastes and to perform recovery or disposal operations on them.
262.81
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              8
Recovery operations means activities leading to resource recovery, recycling, reclamation, direct re-use or alternative uses, which include:
(1) R1 Use as a fuel (other than in direct incineration) or other means to generate energy.
(2) R2 Solvent reclamation/regeneration.
(3) R3 Recycling/reclamation of organic substances which are not used as solvents.
(4) R4 Recycling/reclamation of metals and metal compounds.
(5) R5 Recycling/reclamation of other inorganic materials.
(6) R6 Regeneration of acids or bases.
(7) R7 Recovery of components used for pollution abatement.
(8) R8 Recovery of components used from catalysts.
(9) R9 Used oil re-refining or other reuses of previously used oil.
(10) R10 Land treatment resulting in benefit to agriculture or ecological improvement.
(11) R11 Uses of residual materials obtained from any of the operations numbered R1 through R10 or RC14 (for transboundary shipments with Canada only).
(12) R12 Exchange of wastes for submission to any of the operations numbered R1 through R11 or RC14 (for transboundary shipments with Canada only).
(13) R13 Accumulation of material intended for any operation numbered R1 through R12 or RC14 (for transboundary shipments with Canada only).
(14) RC14 Recovery or regeneration of a substance or use or re-use of a recyclable material, other than by any of operations R1 to R10 (for transboundary shipments with Canada only).
(15) RC15 Testing of a new technology to recycle a hazardous recyclable material (for transboundary shipments with Canada only).
(16) RC16 Interim storage prior to any of operations R1 to R11 or RC14 (for transboundary shipments with Canada only).
262.81
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Transboundary movement means any movement of hazardous wastes from an area under the national jurisdiction of one country to an area under the national jurisdiction of another country.
262.81
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
General Conditions.
262.82 title
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
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 40 CFR 260.11.
262.82(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Green list wastes.
262.82(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
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.
262.82(a)(1)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Green wastes that are hazardous wastes are subject to the requirements of this subpart.
262.82(a)(1)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Amber list wastes.
262.82(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
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.
262.82(a)(2)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
For exports, the exporter must comply with § 262.83.
262.82(a)(2)(i)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
For imports, the recovery or disposal facility and the importer must comply with § 262.84.
262.82(a)(2)(i)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
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.
262.82(a)(2)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
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.
NOTE TO PARAGRAPH (a)(2):
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Mixtures of wastes.
262.82(a)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
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.
262.82(a)(3)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
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.
NOTE TO PARAGRAPH (a)(3)(i):
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
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.
262.82(a)(3)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
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.
NOTE TO PARAGRAPH (a)(3)(ii):
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Wastes not yet assigned to an OECD waste list are eligible for transboundary movements, as follows:
262.82(a)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
If such wastes are hazardous wastes, such wastes are subject to the requirements of this subpart.
262.82(a)(4)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
If such wastes are not hazardous wastes, such wastes are not subject to the requirements of this subpart.
262.82(a)(4)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
General conditions applicable to transboundary movements of hazardous waste.
262.82(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
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;
262.82(b)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The transboundary movement must be in compliance with applicable international transport agreements; and
262.82(b)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
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).
NOTE TO PARAGRAPH (b)(2):
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Any transit of hazardous waste through one or more countries must be conducted in compliance with all applicable international and national laws and regulations.
262.82(b)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
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.
262.82(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
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 kilograms (25 kg) in quantity, is appropriately packaged and labeled, and complies with the conditions of 40 CFR 261.4(d) or (e).
262.82(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
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:
262.82(e)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              7
For postal mail delivery, 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.
262.82(e)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              7
For hand-delivery, the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, Environmental Protection Agency, William Jefferson Clinton South Bldg., Room 6144, 12th St. and Pennsylvania Ave., NW., Washington, DC 20004.
262.82(e)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Exports of hazardous waste.
262.83 title
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
General export requirements. Except as provided in paragraphs (a)(5) and (6) of this section, exporters that have received an AOC from EPA before December 31, 2016 are subject to that approval and the requirements listed in the AOC that existed at the time of that approval until such time the approval period expires. All other exports of hazardous waste are prohibited unless:
262.83(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The exporter complies with the contract requirements in paragraph (f) of this section;
262.83(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The exporter complies with the notification requirements in paragraph (b) of this section;
262.83(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The exporter receives an AOC from EPA documenting consent from the countries of import and transit (and original country of export if exporting previously imported hazardous waste);
262.83(a)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The exporter ensures compliance with the movement documents requirements in paragraph (d) of this section;
262.83(a)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The exporter ensures compliance with the manifest instructions for export shipments in paragraph (c) of this section; and
262.83(a)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The exporter or a U.S. authorized agent:
262.83(a)(6)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
For shipments initiated prior to the AES filing compliance date, does one of the following:
262.83(a)(6)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Submits Electronic Export Information (EEI) for each shipment to the Automated Export System (AES) or its successor system, under the International Trade Data System (ITDS) platform, in accordance with 15 CFR 30.4(b), and includes the following items in the EEI, along with the other information required under 15 CFR 30.6:
262.83(a)(6)(i)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
EPA license code;
262.83(a)(6)(i)(A)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Commodity classification code for each hazardous waste per 15 CFR 30.6(a)(12);
262.83(a)(6)(i)(A)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
EPA consent number for each hazardous waste;
262.83(a)(6)(i)(A)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Country of ultimate destination code per 15 CFR 30.6(a)(5);
262.83(a)(6)(i)(A)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Date of export per 15 CFR 30.6(a)(2);
262.83(a)(6)(i)(A)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
RCRA hazardous waste manifest tracking number, if required;
262.83(a)(6)(i)(A)(6)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Quantity of each hazardous waste in shipment and units for reported quantity, if required reporting units established by value for the reported commodity classification number are in units of weight or volume per 15 CFR 30.6(a)(15); or
262.83(a)(6)(i)(A)(7)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
EPA net quantity for each hazardous waste reported in units of kilograms if solid or in units of liters if liquid, if required reporting units established by value for the reported commodity classification number are not in units of weight or volume.
262.83(a)(6)(i)(A)(8)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Complies with a paper-based process by:
262.83(a)(6)(i)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Attaching paper documentation of consent (i.e., a copy of the EPA Acknowledgment of Consent, international movement document) to the manifest, or shipping papers if a manifest is not required, which must accompany the hazardous waste shipment. For exports by rail or water (bulk shipment), the primary exporter must provide the transporter with the paper documentation 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 paper documentation of consent to the shipping paper.
262.83(a)(6)(i)(B)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Providing the transporter with an additional copy of the manifest, and instructing the transporter via mail, email or fax to deliver that copy to the U.S. Customs official at the point the hazardous waste leaves the United States in accordance with 40 CFR 263.20(g)(4)(ii).
262.83(a)(6)(i)(B)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
For shipments initiated on or after the AES filing compliance date, submits Electronic Export Information (EEI) for each shipment to the Automated Export System (AES) or its successor system, under the International Trade Data System (ITDS) platform, in accordance with 15 CFR 30.4(b), and includes the following items in the EEI, along with the other information required under 15 CFR 30.6:
262.83(a)(6)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
EPA license code;
262.83(a)(6)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Commodity classification code for each hazardous waste per 15 CFR 30.6(a)(12);
262.83(a)(6)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
EPA consent number for each hazardous waste;
262.83(a)(6)(ii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Country of ultimate destination code per 15 CFR 30.6(a)(5);
262.83(a)(6)(ii)(D)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Date of export per 15 CFR 30.6(a)(2);
262.83(a)(6)(ii)(E)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
RCRA hazardous waste manifest tracking number, if required;
262.83(a)(6)(ii)(F)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Quantity of each hazardous waste in shipment and units for reported quantity, if required reporting units established by value for the reported commodity classification number are in units of weight or volume per 15 CFR 30.6(a)(15); or
262.83(a)(6)(ii)(G)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
EPA net quantity for each hazardous waste reported in units of kilograms if solid or in units of liters if liquid, if required reporting units established by value for the reported commodity classification number are not in units of weight or volume.
262.83(a)(6)(ii)(H)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Notifications -- 
262.83(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
General notifications. At least sixty (60) days before the first shipment of hazardous waste is expected to leave the United States, the exporter must provide notification in English to EPA of the proposed transboundary movement. Notifications must be submitted electronically using EPA's Waste Import Export Tracking System (WIETS), or its successor system. The notification may cover up to one year of shipments of one or more hazardous wastes being sent to the same recovery or disposal facility, and must include all of the following information:
262.83(b)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Exporter name and EPA identification number, address, telephone, fax numbers, and e-mail address;
262.83(b)(1)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Foreign receiving facility name, address, telephone, fax numbers, e-mail address, technologies employed, and the applicable recovery or disposal operations as defined in § 262.81;
262.83(b)(1)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Foreign importer name (if not the owner or operator of the foreign receiving facility), address, telephone, fax numbers, and e-mail address;
262.83(b)(1)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Intended transporter(s) and/or their agent(s); address, telephone, fax, and e-mail address;
262.83(b)(1)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
"U.S." as the country of export name, "USA01" as the relevant competent authority code, and the intended U.S. port(s) of exit;
262.83(b)(1)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The ISO standard 3166 country name 2-digit code, OECD/Basel competent authority code, and the ports of entry and exit for each country of transit;
262.83(b)(1)(vi)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The ISO standard 3166 country name 2-digit code, OECD/Basel competent authority code, and port of entry for the country of import;
262.83(b)(1)(vii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Statement of whether the notification covers a single shipment or multiple shipments;
262.83(b)(1)(viii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Start and End Dates requested for transboundary movements;
262.83(b)(1)(ix)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Means of transport planned to be used;
262.83(b)(1)(x)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Description(s) of each hazardous waste, including whether each hazardous waste is regulated universal waste under 40 CFR part 273, or the state equivalent, spent lead-acid batteries being exported for recovery of lead under 40 CFR part 266, subpart G, or the state equivalent, or industrial ethyl alcohol being exported for reclamation under 40 CFR 261.6(a)(3)(i), or the state equivalent, estimated total quantity of each waste in either metric tons or cubic meters, the applicable RCRA waste code(s) for each hazardous waste, the applicable OECD waste code from the lists incorporated by reference in 40 CFR 260.11, and the United Nations/U.S. Department of Transportation (DOT) ID number for each waste;
262.83(b)(1)(xi)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Specification of the recovery or disposal operation(s) as defined in § 262.81.
262.83(b)(1)(xii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Certification/Declaration signed by the exporter that states:
I certify that the above information is complete and correct to the best of my knowledge. I also certify that legally enforceable written contractual obligations have been entered into and that any applicable insurance or other financial guarantee is or shall be in force covering the transboundary movement.
Name: 
Signature: 
Date:
262.83(b)(1)(xiii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              9
Exports to pre-consented recovery facilities in OECD Member countries. If the recovery facility is located in an OECD member country and has been pre-consented by the competent authority of the OECD member country to recover the waste sent by exporters located in other OECD member countries, the notification may cover up to three years of shipments. Notifications proposing export to a pre-consented facility in an OECD member country must include all information listed in paragraphs (b)(1)(i) through (b)(1)(xiii) of this section and additionally state that the facility is pre-consented. Exporters must submit the notification to EPA using the allowable methods listed in paragraph (b)(1) of this section at least ten days before the first shipment is expected to leave the United States.
262.83(b)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Notifications listing interim recycling operations or interim disposal operations. If the foreign receiving facility listed in paragraph (b)(1)(ii) of this section will engage in any of the interim recovery operations R12 or R13 or interim disposal operations D13 through D15, or in the case of transboundary movements with Canada, any of the interim recovery operations R12, R13, or RC16, or interim disposal operations D13 to D14, or DC17, the notification submitted according to paragraph (b)(1) of this section must also include the final foreign recovery or disposal facility name, address, telephone, fax numbers, e-mail address, technologies employed, and which of the applicable recovery or disposal operations R1 through R11 and D1 through D12, or in the case of transboundary movements with Canada, which of the applicable recovery or disposal operations R1 through R11, RC14 to RC15, D1 through D12, and DC15 to DC16 will be employed at the final foreign recovery or disposal facility. The recovery and disposal operations in this paragraph are defined in § 262.81.
262.83(b)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Renotifications. When the exporter wishes to change any of the information specified on the original notification (including increasing the estimate of the total quantity of hazardous waste specified in the original notification or adding transporters), the exporter must submit a renotification of the changes to EPA using the allowable methods in paragraph (b)(1) of this section. Any shipment using the requested changes cannot take place until the countries of import and transit consent to the changes and the exporter receives an EPA AOC letter documenting the countries' consents to the changes.
262.83(b)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                             10
For cases where the proposed country of import and recovery or disposal operations are not covered under an international agreement to which both the United States and the country of import are parties, EPA will coordinate with the Department of State to provide the complete notification to country of import and any countries of transit. In all other cases, EPA will provide the notification directly to the country of import and any countries of transit. A notification is complete when EPA receives a notification which EPA determines satisfies the requirements of paragraph (b)(1)(i) through (b)(1)(xiii) of this section. Where a claim of confidentiality is asserted with respect to any notification information required by paragraphs (b)(1)(i) through (b)(1)(xiii) of this section, EPA may find the notification not complete until any such claim is resolved in accordance with 40 CFR 260.2.
262.83(b)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Where the countries of import and transit consent to the proposed transboundary movement(s) of the hazardous waste(s), EPA will forward an EPA AOC letter to the exporter documenting the countries' consents. Where any of the countries of import and transit objects to the proposed transboundary movement(s) of the hazardous waste or withdraws a prior consent, EPA will notify the exporter.
262.83(b)(6)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Export of hazardous wastes for recycling or disposal operations that were originally imported into the United States for recycling or disposal operations in a third country is prohibited unless an exporter in the United States complies with the export requirements in § 262.83, including providing notification to EPA in accordance with paragraph (b)(1) of this section. In addition to listing all required information in paragraphs (b)(1)(i) through (b)(1)(xiii) of this section, the exporter must provide the original consent number issued for the initial import of the wastes in the notification, and receive an AOC from EPA documenting the consent of the competent authorities in new country of import, the original country of export, and any transit countries prior to re-export.
262.83(b)(7)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Upon request by EPA, the exporter must furnish to EPA any additional information which the country of import requests in order to respond to a notification.
262.83(b)(8)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
RCRA manifest instructions for export shipments. The exporter must comply with the manifest requirements of §§ 262.20 through 262.23 except that:
262.83(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
In lieu of the name, site address and EPA ID number of the designated permitted facility, the exporter must enter the name and site address of the foreign receiving facility;
262.83(c)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
In the International Shipments block, the exporter must check the export box and enter the U.S. port of exit (city and State) from the United States.
262.83(c)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The exporter must list the consent number from the AOC for each hazardous waste listed on the manifest, matched to the relevant list number for the hazardous waste from block 9b. If additional space is needed, the exporter should use a Continuation Sheet(s) (EPA Form 8700 - 22A).
262.83(c)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The exporter may obtain the manifest from any source that is registered with the U.S. EPA as a supplier of manifests (e.g., states, waste handlers, and/or commercial forms printers).
262.83(c)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Movement document requirements for export shipments. 
262.83(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
All exporters must ensure that a movement document meeting the conditions of paragraph (d)(2) of this section accompanies each transboundary movement of hazardous wastes from the initiation of the shipment until it reaches the foreign receiving facility, including cases in which the hazardous waste is stored and/or sorted by the foreign importer prior to shipment to the foreign receiving facility, except as provided in paragraphs (d)(1)(i) and (ii) of this section.
262.83(d)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
For shipments of hazardous waste within the United States solely by water (bulk shipments only), the exporter must forward the movement document to the last water (bulk shipment) transporter to handle the hazardous waste in the United States if exported by water.
262.83(d)(1)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
For rail shipments of hazardous waste within the United States which start from the company originating the export shipment, the exporter must forward the movement document to the next non-rail transporter, if any, or the last rail transporter to handle the hazardous waste in the United States if exported by rail.
262.83(d)(1)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The movement document must include the following paragraphs (d)(2)(i) through (xv) of this section:
262.83(d)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The corresponding consent number(s) and hazardous waste number(s) for the listed hazardous waste from the relevant EPA AOC(s);
262.83(d)(2)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The shipment number and the total number of shipments from the EPA AOC;
262.83(d)(2)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Exporter name and EPA identification number, address, telephone, fax numbers, and e-mail address;
262.83(d)(2)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Foreign receiving facility name, address, telephone, fax numbers, e-mail address, technologies employed, and the applicable recovery or disposal operations as defined in § 262.81;
262.83(d)(2)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Foreign importer name (if not the owner or operator of the foreign receiving facility), address, telephone, fax numbers, and e-mail address;
262.83(d)(2)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Description(s) of each hazardous waste, quantity of each hazardous waste in the shipment, applicable RCRA hazardous waste code(s) for each hazardous waste, applicable OECD waste code for each hazardous waste from the lists incorporated by reference in 40 CFR 260.11, and the United Nations/U.S. Department of Transportation (DOT) ID number for each hazardous waste;
262.83(d)(2)(vi)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Date movement commenced;
262.83(d)(2)(vii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Name (if not exporter), address, telephone, fax numbers, and e-mail of company originating the shipment;
262.83(d)(2)(viii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Company name, EPA ID number, address, telephone, fax, and e-mail address of all transporters;
262.83(d)(2)(ix)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Identification (license, registered name or registration number) of means of transport, including types of packaging;
262.83(d)(2)(x)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Any special precautions to be taken by transporter(s);
262.83(d)(2)(xi)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Certification/declaration signed and dated by the exporter that the information in the movement document is complete and correct;
262.83(d)(2)(xii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Appropriate signatures for each custody transfer (e.g., transporter, importer, and owner or operator of the foreign receiving facility);
262.83(d)(2)(xiii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Each U.S. person that has physical custody of the hazardous waste from the time the movement commences until it arrives at the foreign receiving facility must sign the movement document (e.g., transporter, foreign importer, and owner or operator of the foreign receiving facility); and
262.83(d)(2)(xiv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
As part of the contract requirements per paragraph (f) of this section, the exporter must require that the foreign receiving facility send a copy of the signed movement document to confirm receipt within three working days of shipment delivery to the exporter, to the competent authorities of the countries of import and transit, and for shipments occurring on or after the electronic import-export reporting compliance date, the exporter must additionally require that the foreign receiving facility send a copy to EPA at the same time using the allowable methods listed in paragraph (b)(1) of this section.
262.83(d)(2)(xv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Duty to return or re-export hazardous wastes. When a transboundary movement of hazardous wastes cannot be completed in accordance with the terms of the contract or the consent(s) and alternative arrangements cannot be made to recover or dispose of the waste in an environmentally sound manner in the country of import, the exporter must ensure that the hazardous waste is returned to the United States or re-exported to a third country. If the waste must be returned, the exporter must provide for the return of the hazardous waste shipment within ninety days from the time the country of import informs EPA of the need to return the waste or such other period of time as the concerned countries agree. In all cases, the exporter must submit an exception report to EPA in accordance with paragraph (h) of this section.
262.83(e)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Export contract requirements.
262.83(f)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Exports of hazardous waste are prohibited unless they occur under the terms of a valid written contract, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity). Such contracts or equivalent arrangements must be executed by the exporter, foreign importer (if different from the foreign receiving facility), and the owner or operator of the foreign receiving facility, and must specify responsibilities for each. Contracts or equivalent arrangements are valid for the purposes of this section only if persons assuming obligations under the contracts or equivalent arrangements have appropriate legal status to conduct the operations specified in the contract or equivalent arrangements.
262.83(f)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Contracts or equivalent arrangements must specify the name and EPA ID number, where available, of paragraph (f)(2)(i) through (iv) of this section:
262.83(f)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The company from where each export shipment of hazardous waste is initiated;
262.83(f)(2)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Each person who will have physical custody of the hazardous wastes;
262.83(f)(2)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Each person who will have legal control of the hazardous wastes; and
262.83(f)(2)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The foreign receiving facility.
262.83(f)(2)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Contracts or equivalent arrangements must specify which party to the contract will assume responsibility for alternate management of the hazardous wastes if their disposition cannot be carried out as described in the notification of intent to export. In such cases, contracts must specify that:
262.83(f)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The transporter or foreign receiving facility having actual possession or physical control over the hazardous wastes will immediately inform the exporter, EPA, and either the competent authority of the country of transit or the competent authority of the country of import of the need to make alternate management arrangements; and
262.83(f)(3)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The person specified in the contract will assume responsibility for the adequate management of the hazardous wastes in compliance with applicable laws and regulations including, if necessary, arranging the return of hazardous wastes and, as the case may be, shall provide the notification for re-export to the competent authority in the country of import and include the equivalent of the information required in paragraph (b)(1) of this section, the original consent number issued for the initial export of the hazardous wastes in the notification, and obtain consent from EPA and the competent authorities in the new country of import and any transit countries prior to re-export.
262.83(f)(3)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Contracts must specify that the foreign receiving facility send a copy of the signed movement document to confirm receipt within three working days of shipment delivery to the exporter and to the competent authorities of the countries of import and transit. For contracts that will be in effect on or after the electronic import-export reporting compliance date, the contracts must additionally specify that the foreign receiving facility send a copy to EPA at the same time using the allowable methods listed in paragraph (b)(1) of this section on or after that date.
262.83(f)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Contracts must specify that the foreign receiving facility shall send a copy of the signed and dated confirmation of recovery or disposal, as soon as possible, but no later than thirty days after completing recovery or disposal on the waste in the shipment and no later than one calendar year following receipt of the waste, to the exporter and to the competent authority of the country of import. For contracts that will be in effect on or after the electronic import-export reporting compliance date, the contracts must additionally specify that the foreign receiving facility send a copy to EPA at the same time using the allowable methods listed in paragraph (b)(1) of this section on or after that date.
262.83(f)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Contracts must specify that the foreign importer or the foreign receiving facility that performed interim recycling operations R12, R13, or RC16, or interim disposal operations D13 through D15 or DC17, (recovery and disposal operations defined in 40 CFR 262.81) as appropriate, will:
262.83(f)(6)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Provide the notification required in paragraph (f)(3)(ii) of this section prior to any re-export of the hazardous wastes to a final foreign recovery or disposal facility in a third country; and
262.83(f)(6)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Promptly send copies of the confirmation of recovery or disposal that it receives from the final foreign recovery or disposal facility within one year of shipment delivery to the final foreign recovery or disposal facility that performed one of recovery operations R1 through R11, or RC16, or one of disposal operations D1 through D12, DC15 or DC16 to the competent authority of the country of import. For contracts that will be in effect on or after the electronic import-export reporting compliance date, the contracts must additionally specify that the foreign facility send copies to EPA at the same time using the allowable method listed in paragraph (b)(1) of this section on or after that date.
262.83(f)(6)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Contracts or equivalent arrangements must include provisions for financial guarantees, if required by the competent authorities of the country of import and any countries of transit, in accordance with applicable national or international law requirements.
262.83(f)(7)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Financial guarantees so required are intended to provide for alternate recycling, disposal or other means of sound management of the wastes in cases where arrangements for the shipment and the recovery operations cannot be carried out as foreseen. The United States does not require such financial guarantees at this time; however, some OECD Member countries and other foreign countries do. It is the responsibility of the exporter to ascertain and comply with such requirements; in some cases, persons or facilities located in those OECD Member countries or other foreign countries may refuse to enter into the necessary contracts absent specific references or certifications to financial guarantees.
NOTE 1 TO PARAGRAPH (f)(7):
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Contracts or equivalent arrangements must contain provisions requiring each contracting party to comply with all applicable requirements of this subpart.
262.83(f)(8)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                             10
Upon request by EPA, U.S. exporters, importers, or recovery facilities must submit to EPA copies of contracts, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity). Information contained in the contracts or equivalent arrangements for which a claim of confidentiality is asserted in accordance with 40 CFR 2.203(b) will be treated as confidential and will be disclosed by EPA only as provided in 40 CFR 260.2.
262.83(f)(9)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
Annual reports. The exporter shall file an annual report with EPA no later than March 1 of each year summarizing the types, quantities, frequency, and ultimate destination of all such hazardous waste exported during the previous calendar year. Prior to one year after the AES filing compliance date, the exporter must mail or hand-deliver annual reports to EPA using one of the addresses specified in § 262.82(e), or submit to EPA using the allowable methods specified in paragraph (b)(1) of this section if the exporter has electronically filed EPA information in AES, or its successor system, per paragraph (a)(6)(i)(A) of this section for all shipments made the previous calendar year. Subsequently, the exporter must submit annual reports to EPA using the allowable methods specified in paragraph (b)(1) of this section. The annual report must include all of the following paragraphs (g)(1) through (6) of this section specified as follows:
262.83(g)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The EPA identification number, name, and mailing and site address of the exporter filing the report;
262.83(g)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The calendar year covered by the report
262.83(g)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The name and site address of each foreign receiving facility;
262.83(g)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
By foreign receiving facility, for each hazardous waste exported:
262.83(g)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A description of the hazardous waste;
262.83(g)(4)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The applicable EPA hazardous waste code(s) (from 40 CFR part 261, subpart C or D) for each waste;
262.83(g)(4)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The applicable waste code from the appropriate OECD waste list incorporated by reference in 40 CFR 260.11;
262.83(g)(4)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The applicable DOT ID number;
262.83(g)(4)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The name and U.S. EPA ID number (where applicable) for each transporter used over the calendar year covered by the report; and
262.83(g)(4)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The consent number(s) under which the hazardous waste was shipped, and for each consent number, the total amount of the hazardous waste and the number of shipments exported during the calendar year covered by the report;
262.83(g)(4)(vi)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
In even numbered years, for each hazardous waste exported, except for hazardous waste produced by exporters of greater than 100kg but less than 1,000kg in a calendar month, and except for hazardous waste for which information was already provided pursuant to § 262.41:
262.83(g)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A description of the efforts undertaken during the year to reduce the volume and toxicity of the waste generated; and
262.83(g)(5)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
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 such information is available for years prior to 1984; and
262.83(g)(5)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A certification signed by the 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.
262.83(g)(6)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Exception reports.
262.83(h)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The exporter must file an exception report in lieu of the requirements of § 262.42 (if applicable) with EPA if any of the following occurs:
262.83(h)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The exporter has not received a copy of the RCRA hazardous waste manifest (if applicable) signed by the transporter identifying the point of departure of the hazardous waste from the United States, within forty-five (45) days from the date it was accepted by the initial transporter, in which case the exporter must file the exception report within the next thirty (30) days;
262.83(h)(1)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The exporter has not received a written confirmation of receipt from the foreign receiving facility in accordance with paragraph (d) of this section within ninety (90) days from the date the waste was accepted by the initial transporter in which case the exporter must file the exception report within the next thirty (30) days; or
262.83(h)(1)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The foreign receiving facility notifies the exporter, or the country of import notifies EPA, of the need to return the shipment to the U.S. or arrange alternate management, in which case the exporter must file the exception report within thirty (30) days of notification, or one (1) day prior to the date the return shipment commences, whichever is sooner.
262.83(h)(1)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Prior to the electronic import-export reporting compliance date, exception reports must be mailed or hand delivered to EPA using the addresses listed in § 262.82(e). Subsequently, exception reports must be submitted to EPA using the allowable methods listed in paragraph (b)(1) of this section.
262.83(h)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Recordkeeping.
262.83(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The exporter shall keep the following records in paragraphs (i)(1)(i) through (v) of this section and provide them to EPA or authorized state personnel upon request:
262.83(i)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A copy of each notification of intent to export and each EPA AOC for a period of at least three (3) years from the date the hazardous waste was accepted by the initial transporter;
262.83(i)(1)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A copy of each annual report for a period of at least three (3) years from the due date of the report;
262.83(i)(1)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A copy of any exception reports and a copy of each confirmation of receipt (i.e., movement document) sent by the foreign receiving facility to the exporter for at least three (3) years from the date the hazardous waste was accepted by the initial transporter; and
262.83(i)(1)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A copy of each confirmation of recovery or disposal sent by the foreign receiving facility to the exporter for at least three (3) years from the date that the foreign receiving facility completed interim or final processing of the hazardous waste shipment.
262.83(i)(1)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A copy of each contract or equivalent arrangement established per § 262.85 for at least three (3) years from the expiration date of the contract or equivalent arrangement.
262.83(i)(1)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Exporters may satisfy these recordkeeping requirements by retaining electronically submitted documents in the exporter's account on EPA's Waste Import Export Tracking System (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 exporter may be held liable for the inability to produce such documents for inspection under this section if the exporter can demonstrate that the inability to produce the document is due exclusively to technical difficulty with EPA's Waste Import Export Tracking System (WIETS), or its successor system for which the exporter bears no responsibility.
262.83(i)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
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 Administrator.
262.83(i)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Imports of hazardous waste.
262.84 title
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
General import requirements.
262.84(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
With the exception of paragraph (a)(5) of this section, importers of shipments covered under a consent from EPA to the country of export issued before December 31, 2016 are subject to that approval and the requirements that existed at the time of that approval until such time the approval period expires. Otherwise, any other person who imports hazardous waste from a foreign country into the United States must comply with the requirements of this part and the special requirements of this subpart.
262.84(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
In cases where the country of export does not require the foreign exporter to submit a notification and obtain consent to the export prior to shipment, the importer must submit a notification to EPA in accordance with paragraph (b) of this section.
262.84(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The importer must comply with the contract requirements in paragraph (f) of this section.
262.84(a)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The importer must ensure compliance with the movement documents requirements in paragraph (d) of this section; and
262.84(a)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The importer must ensure compliance with the manifest instructions for import shipments in paragraph (c) of this section.
262.84(a)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Notifications. In cases where the competent authority of the country of export does not regulate the waste as hazardous waste and, thus, 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, but EPA does regulate the waste as hazardous waste:
262.84(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The importer is required to provide notification in English to EPA of the proposed transboundary movement of hazardous waste at least sixty (60) days before the first shipment is expected to depart the country of export. Notifications submitted prior to the electronic import-export reporting compliance date must be mailed or hand delivered to EPA at the addresses specified in § 262.82(e). Notifications submitted on or after the electronic import-export reporting compliance date must be submitted electronically using EPA's Waste Import Export Tracking System (WIETS), or its successor system. The notification may cover up to one year of shipments of one or more hazardous wastes being sent from the same foreign exporter, and must include all of the following information:
262.84(b)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Foreign exporter name, address, telephone, fax numbers, and e-mail address;
262.84(b)(1)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Receiving facility name, EPA ID number, address, telephone, fax numbers, e-mail address, technologies employed, and the applicable recovery or disposal operations as defined in § 262.81;
262.84(b)(1)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Importer name (if not the owner or operator of the receiving facility), EPA ID number, address, telephone, fax numbers, and e-mail address;
262.84(b)(1)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Intended transporter(s) and/or their agent(s); address, telephone, fax, and e-mail address;
262.84(b)(1)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
"U.S." as the country of import, "USA01" as the relevant competent authority code, and the intended U.S. port(s) of entry;
262.84(b)(1)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The ISO standard 3166 country name 2-digit code, OECD/Basel competent authority code, and the ports of entry and exit for each country of transit;
262.84(b)(1)(vi)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The ISO standard 3166 country name 2-digit code, OECD/Basel competent authority code, and port of exit for the country of export;
262.84(b)(1)(vii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Statement of whether the notification covers a single shipment or multiple shipments;
262.84(b)(1)(viii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Start and End Dates requested for transboundary movements;
262.84(b)(1)(ix)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Means of transport planned to be used;
262.84(b)(1)(x)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Description(s) of each hazardous waste, including whether each hazardous waste is regulated universal waste under 40 CFR part 273, or the state equivalent, spent lead-acid batteries being exported for recovery of lead under 40 CFR part 266, subpart G, or the state equivalent, or industrial ethyl alcohol being exported for reclamation under 40 CFR 261.6(a)(3)(i), or the state equivalent, estimated total quantity of each hazardous waste, the applicable RCRA hazardous waste code(s) for each hazardous waste, the applicable OECD waste code from the lists incorporated by reference in 40 CFR 260.11, and the United Nations/U.S. Department of Transportation (DOT) ID number for each hazardous waste;
262.84(b)(1)(xi)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Specification of the recovery or disposal operation(s) as defined in § 262.81; and
262.84(b)(1)(xii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Certification/Declaration signed by the importer that states:
I certify that the above information is complete and correct to the best of my knowledge. I also certify that legally enforceable written contractual obligations have been entered into and that any applicable insurance or other financial guarantee is or shall be in force covering the transboundary movement.
Name: 
Signature: 
Date:
262.84(b)(1)(xiii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The United States does not currently require financial assurance for these waste shipments.
NOTE TO PARAGRAPH (b)(1)(xiii):
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Notifications listing interim recycling operations or interim disposal operations. If the receiving facility listed in paragraph (b)(1)(ii) of this section will engage in any of the interim recovery operations R12 or R13 or interim disposal operations D13 through D15, the notification submitted according to paragraph (b)(1) of this section must also include the final recovery or disposal facility name, address, telephone, fax numbers, e-mail address, technologies employed, and which of the applicable recovery or disposal operations R1 through R11 and D1 through D12, will be employed at the final recovery or disposal facility. The recovery and disposal operations in this paragraph are defined in § 262.81.
262.84(b)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Renotifications. When the foreign exporter wishes to change any of the conditions specified on the original notification (including increasing the estimate of the total quantity of hazardous waste specified in the original notification or adding transporters), the importer must submit a renotification of the changes to EPA using the allowable methods in paragraph (b)(1) of this section. Any shipment using the requested changes cannot take place until EPA and the countries of transit consent to the changes and the importer receives an EPA AOC letter documenting the consents to the changes.
262.84(b)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                             10
A notification is complete when EPA determines the notification satisfies the requirements of paragraph (b)(1)(i) through (xiii) of this section. Where a claim of confidentiality is asserted with respect to any notification information required by paragraphs (b)(1)(i) through (xiii) of this section, EPA may find the notification not complete until any such claim is resolved in accordance with 40 CFR 260.2.
262.84(b)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Where EPA and the countries of transit consent to the proposed transboundary movement(s) of the hazardous waste(s), EPA will forward an EPA AOC letter to the importer documenting the countries' consents and EPA's consent. Where any of the countries of transit or EPA objects to the proposed transboundary movement(s) of the hazardous waste or withdraws a prior consent, EPA will notify the importer.
262.84(b)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Export of hazardous wastes originally imported into the United States. Export of hazardous wastes that were originally imported into the United States for recycling or disposal operations is prohibited unless an exporter in the United States complies with the export requirements in § 262.83(b)(7).
262.84(b)(6)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Removed.
262.84(b)(7)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
RCRA Manifest instructions for import shipments.
262.84(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
When importing hazardous waste, the importer must meet all the requirements of § 262.20 for the manifest except that:
262.84(c)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
In place of the generator's name, address and EPA identification number, the name and address of the foreign generator and the importer's name, address and EPA identification number must be used.
262.84(c)(1)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
In place of the generator's signature on the certification statement, the importer or his agent must sign and date the certification and obtain the signature of the initial transporter.
262.84(c)(1)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The importer may obtain the manifest form from any source that is registered with the EPA as a supplier of manifests (e.g., states, waste handlers, and/or commercial forms printers).
262.84(c)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
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.
262.84(c)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The importer must provide the transporter with an additional copy of the manifest to be submitted by the receiving facility to U.S. EPA in accordance with 40 CFR 264.71(a)(3) and 265.71(a)(3).
262.84(c)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
In lieu of the requirements of § 262.20(d), where a shipment cannot be delivered for any reason to the receiving facility, the importer must instruct the transporter in writing via fax, email or mail to:
262.84(c)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Return the hazardous waste to the foreign exporter or designate another facility within the United States; and
262.84(c)(5)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise the manifest in accordance with the importer's instructions.
262.84(c)(5)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Movement document requirements for import shipments.
262.84(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The importer must ensure that a movement document meeting the conditions of paragraph (d)(2) of this section accompanies each transboundary movement of hazardous wastes from the initiation of the shipment in the country of export until it reaches the receiving facility, including cases in which the hazardous waste is stored and/or sorted by the importer prior to shipment to the receiving facility, except as provided in paragraphs (d)(1)(i) and (ii) of this section.
262.84(d)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
For shipments of hazardous waste within the United States by water (bulk shipments only), the importer must forward the movement document to the last water (bulk shipment) transporter to handle the hazardous waste in the United States if imported by water.
262.84(d)(1)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
For rail shipments of hazardous waste within the United States which start from the company originating the export shipment, the importer must forward the movement document to the next non-rail transporter, if any, or the last rail transporter to handle the hazardous waste in the United States if imported by rail.
262.84(d)(1)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The movement document must include the following paragraphs (d)(2)(i) through (xv) of this section:
262.84(d)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The corresponding AOC number(s) and waste number(s) for the listed waste;
262.84(d)(2)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The shipment number and the total number of shipments under the AOC number;
262.84(d)(2)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Foreign exporter name, address, telephone, fax numbers, and e-mail address;
262.84(d)(2)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Receiving facility name, EPA ID number, address, telephone, fax numbers, e-mail address, technologies employed, and the applicable recovery or disposal operations as defined in § 262.81;
262.84(d)(2)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Importer name (if not the owner or operator of the receiving facility), EPA ID number, address, telephone, fax numbers, and e-mail address;
262.84(d)(2)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Description(s) of each hazardous waste, quantity of each hazardous waste in the shipment, applicable RCRA hazardous waste code(s) for each hazardous waste, the applicable OECD waste code for each hazardous waste from the lists incorporated by reference in 40 CFR 260.11, and the United Nations/U.S. Department of Transportation (DOT) ID number for each hazardous waste;
262.84(d)(2)(vi)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Date movement commenced;
262.84(d)(2)(vii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Name (if not the foreign exporter), address, telephone, fax numbers, and e-mail of the foreign company originating the shipment;
262.84(d)(2)(viii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Company name, EPA ID number, address, telephone, fax, and e-mail address of all transporters;
262.84(d)(2)(ix)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Identification (license, registered name or registration number) of means of transport, including types of packaging;
262.84(d)(2)(x)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Any special precautions to be taken by transporter(s);
262.84(d)(2)(xi)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Certification/declaration signed and dated by the foreign exporter that the information in the movement document is complete and correct;
262.84(d)(2)(xii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Appropriate signatures for each custody transfer (e.g., transporter, importer, and owner or operator of the receiving facility);
262.84(d)(2)(xiii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Each person that has physical custody of the waste from the time the movement commences until it arrives at the receiving facility must sign the movement document (e.g., transporter, importer, and owner or operator of the receiving facility); and
262.84(d)(2)(xiv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The receiving facility must send a copy of the signed movement document to confirm receipt within three working days of shipment delivery to the foreign exporter, to the competent authorities of the countries of export and transit, and for shipments received 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.
262.84(d)(2)(xv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Duty to return or export hazardous wastes. When a transboundary movement of hazardous wastes cannot be completed in accordance with the terms of the contract or the consent(s), the provisions of paragraph (f)(4) of this section apply. If alternative arrangements cannot be made to recover the hazardous waste in an environmentally sound manner in the United States, the hazardous waste must be returned to the country of export or exported to a third country. The provisions of paragraph (b)(6) of this section apply to any hazardous waste shipments to be exported to a third country. If the return shipment will cross any transit country, the return shipment may only occur after EPA provides notification to and obtains consent from the competent authority of the country of transit, and provides a copy of that consent to the importer.
262.84(e)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Import contract requirements.
262.84(f)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Imports of hazardous waste must occur under the terms of a valid written contract, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity). Such contracts or equivalent arrangements must be executed by the foreign exporter, importer, and the owner or operator of the receiving facility, and must specify responsibilities for each. Contracts or equivalent arrangements are valid for the purposes of this section only if persons assuming obligations under the contracts or equivalent arrangements have appropriate legal status to conduct the operations specified in the contract or equivalent arrangements.
262.84(f)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Contracts or equivalent arrangements must specify the name and EPA ID number, where available, of paragraph (f)(2)(i) through (iv) of this section:
262.84(f)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The foreign company from where each import shipment of hazardous waste is initiated;
262.84(f)(2)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Each person who will have physical custody of the hazardous wastes;
262.84(f)(2)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Each person who will have legal control of the hazardous wastes; and
262.84(f)(2)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The receiving facility.
262.84(f)(2)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Contracts or equivalent arrangements must specify the use of a movement document in accordance with § 262.84(d).
262.84(f)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Contracts or equivalent arrangements must specify which party to the contract will assume responsibility for alternate management of the hazardous wastes if their disposition cannot be carried out as described in the notification of intent to export submitted by either the foreign exporter or the importer. In such cases, contracts must specify that:
262.84(f)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The transporter or receiving facility having actual possession or physical control over the hazardous wastes will immediately inform the foreign exporter and importer, and the competent authority where the shipment is located of the need to arrange alternate management or return; and
262.84(f)(4)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The person specified in the contract will assume responsibility for the adequate management of the hazardous wastes in compliance with applicable laws and regulations including, if necessary, arranging the return of the hazardous wastes and, as the case may be, shall provide the notification for re-export required in § 262.83(b)(7).
262.84(f)(4)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Contracts must specify that the importer or the receiving facility that performed interim recycling operations R12, R13, or RC16, or interim disposal operations D13 through D15 or DC15 through DC17, as appropriate, will provide the notification required in § 262.83(b)(7) prior to the re-export of hazardous wastes. The recovery and disposal operations in this paragraph are defined in § 262.81.
262.84(f)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Contracts or equivalent arrangements must include provisions for financial guarantees, if required by the competent authorities of any countries concerned, in accordance with applicable national or international law requirements.
262.84(f)(6)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Financial guarantees so required are intended to provide for alternate recycling, disposal or other means of sound management of the wastes in cases where arrangements for the shipment and the recovery operations cannot be carried out as foreseen. The United States does not require such financial guarantees at this time; however, some OECD Member countries or other foreign countries do. It is the responsibility of the importer to ascertain and comply with such requirements; in some cases, persons or facilities located in those countries may refuse to enter into the necessary contracts absent specific references or certifications to financial guarantees.
NOTE TO PARAGRAPH (f)(6):
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Contracts or equivalent arrangements must contain provisions requiring each contracting party to comply with all applicable requirements of this subpart.
262.84(f)(7)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                             10
Upon request by EPA, importers or disposal or recovery facilities must submit to EPA copies of contracts, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity). Information contained in the contracts or equivalent arrangements for which a claim of confidentiality is asserted in accordance with 40 CFR 2.203(b) will be treated as confidential and will be disclosed by EPA only as provided in 40 CFR 260.2.
262.84(f)(8)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Confirmation of recovery or disposal. The receiving facility must do the following:
262.84(g)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Send copies of the signed and dated confirmation of recovery or disposal, as soon as possible, but no later than thirty days after completing recovery or disposal on the waste in the shipment and no later than one calendar year following receipt of the waste, to the foreign exporter, to the competent authority of the country of export, and for shipments recycled or disposed of 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.
262.84(g)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
If the receiving facility performed any of recovery operations R12, R13, or RC16, or disposal operations D13 through D15, or DC17, the receiving facility shall 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 RC14 to RC15, or one of disposal operations D1 through D12, or DC15 to DC16, to the competent authority of the country of export, and for confirmations received 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 recovery and disposal operations in this paragraph are defined in § 262.81.
262.84(g)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Recordkeeping.
262.84(h)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The importer shall keep the following records and provide them to EPA or authorized state personnel upon request:
262.84(h)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A copy of each notification that the importer sends to EPA under paragraph (b)(1) of this section and each EPA AOC it receives in response for a period of at least three (3) years from the date the hazardous waste was accepted by the initial foreign transporter; and
262.84(h)(1)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A copy of each contract or equivalent arrangement established per paragraph (f) of this section for at least three (3) years from the expiration date of the contract or equivalent arrangement.
262.84(h)(1)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The receiving facility shall keep the following records:
262.84(h)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A copy of each confirmation of receipt (i.e., movement document) that the receiving facility sends to the foreign exporter for at least three (3) years from the date it received the hazardous waste;
262.84(h)(2)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A copy of each confirmation of recovery or disposal that the receiving facility sends to the foreign exporter for at least three (3) years from the date that it completed processing the waste shipment;
262.84(h)(2)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
For the receiving facility that performed any of recovery operations R12, R13, or RC16, or disposal operations D13 through D15, or DC17 (recovery and disposal operations defined in § 262.81), a copy of each confirmation of recovery or disposal that the final recovery or disposal facility sent to it for at least three (3) years from the date that the final recovery or disposal facility completed processing the waste shipment; and
262.84(h)(2)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A copy of each contract or equivalent arrangement established per paragraph (f) of this section for at least three (3) years from the expiration date of the contract or equivalent arrangement.
262.84(h)(2)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Importers and receiving facilities may satisfy these recordkeeping requirements by retaining electronically submitted documents in the importer's or receiving facility's account on EPA's Waste Import Export Tracking System (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 importer or receiving facility may be held liable for the inability to produce such documents for inspection under this section if the importer or receiving facility can demonstrate that the inability to produce the document is due exclusively to technical difficulty with EPA's Waste Import Export Tracking System (WIETS), or its successor system for which the importer or receiving facility bears no responsibility.
262.84(h)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
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 Administrator.
262.84(h)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
[Reserved]
262.85
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
[Reserved]
262.86
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
[Reserved]
262.87
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
[Reserved]
262.88
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
[Reserved]
262.89
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Amend the Appendix to Part 262, under "II Instructions for International Shipment Block" by removing the last sentence in the instructions for Item 16.
Appendix to Part 262
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
      PART 263 -- STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
                                                                               
                             SUBPART A  -  GENERAL
                                                                               
Remove from paragraph (a), in the Note, the last paragraph, which starts as follows: "EPA and DOT worked together to develop standards "
263.10
9VAC20-60-18.
IBR in 9VAC20-60-263 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise to read: A transporter of hazardous waste that is being imported from or exported to any other country for purposes of recovery or disposal is subject to this Subpart and to all other relevant requirements of subpart H of 40 CFR part 262, including, but not limited to, 40 CFR 262.83(d) and 262.84(d) for movement documents.
263.10(d)
9VAC20-60-18.
IBR in 9VAC20-60-263 A.
                                       X
                                       
                                       
                                       
                                                                               
      SUBPART B  -  COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING
                                                                               
Revise to read: Exports. For exports of hazardous waste subject to the requirements of subpart H of 40 CFR part 262, a transporter may not accept hazardous waste without a manifest signed by the generator in accordance with this section, as appropriate, and for exports occurring under the terms of a consent issued by EPA on or after December 31, 2016, a movement document that includes all information required by 40 CFR 262.83(d).
263.20(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-263 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise to read: The transporter must ensure that the manifest accompanies the hazardous waste. In the case of exports occurring under the terms of a consent issued by EPA to the exporter on or after December 31, 2016, the transporter must ensure that a movement document that includes all information required by 40 CFR 262.83(d) also accompanies the hazardous waste. In the case of imports occurring under the terms of a consent issued by EPA to the country of export or the importer on or after December 31, 2016, the transporter must ensure that a movement document that includes all information required by 40 CFR 262.84(d) also accompanies the hazardous waste.
263.20(c)
9VAC20-60-18.
IBR in 9VAC20-60-263 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise to read: A shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator certification, and signatures) and, for exports or imports occurring under the terms of a consent issued by EPA on or after December 31, 2016, a movement document that includes all information required by 40 CFR 262.83(d) or 262.84(d) accompanies the hazardous waste; and
263.20(e)(2)
9VAC20-60-18.
IBR in 9VAC20-60-263 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise to read: Rail transporters must ensure that a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator certification, and signatures) and, for exports or imports occurring under the terms of a consent issued by EPA on or after December 31, 2016, a movement document that includes all information required by 40 CFR 262.83(d) or 262.84(d) accompanies the hazardous waste at all times.
263.20(f)(2)
9VAC20-60-18.
IBR in 9VAC20-60-263 A.
                                       X
                                       
                                       
                                       
                                                                               
Intermediate rail transporters are not required to sign the manifest, movement document, or shipping paper.
NOTE to paragraph (f)(2):
9VAC20-60-18.
IBR in 9VAC20-60-263 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise to read: Transporters who transport hazardous waste out of the United States must:
263.20(g)
9VAC20-60-18.
IBR in 9VAC20-60-263 A.
                                       X
                                       
                                       
                                       
                                                                               
Sign and date the manifest in the International Shipments block to indicate the date that the shipment left the United States;
263.20(g)(1)
9VAC20-60-18.
IBR in 9VAC20-60-263 A.
                                       X
                                       
                                       
                                       
                                                                               
Retain one copy in accordance with § 263.22(d);
263.20(g)(2)
9VAC20-60-18.
IBR in 9VAC20-60-263 A.
                                       X
                                       
                                       
                                       
                                                                               
Return a signed copy of the manifest to the generator; and
263.20(g)(3)
9VAC20-60-18.
IBR in 9VAC20-60-263 A.
                                       X
                                       
                                       
                                       
                                                                               
For paper manifests only,
263.20(g)(4)
9VAC20-60-18.
IBR in 9VAC20-60-263 A.
                                       X
                                       
                                       
                                       
                                                                               
Send a copy of the manifest to the e-Manifest system in accordance with the allowable methods specified in 40 CFR 264.71(a)(2)(v); and
263.20(g)(4)(i)
9VAC20-60-18.
IBR in 9VAC20-60-263 A.
                                       X
                                       
                                       
                                       
                                                                              2
For shipments initiated prior to the AES filing compliance date, when instructed by the exporter to do so, give a copy of the manifest to a U.S. Customs official at the point of departure from the United States.
263.20(g)(4)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-263 A.
                                       X
                                       
                                       
                                       
                                                                               
PART 264 -- STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
                                                                               
                   SUBPART B  -  GENERAL FACILITY STANDARDS
                                                                               
Revise to read: The owner or operator of a facility that is arranging or has arranged to receive hazardous waste subject to 40 CFR part 262, subpart H from a foreign source must submit the following required notices:
264.12(a)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
As per 40 CFR 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 40 CFR 262.84(b)(1) at least 60 days before the first shipment is expected to depart the country of export. The notification may cover up to one 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.
264.12(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
As per 40 CFR 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 EPA's Waste Import Export Tracking System (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 EPA's Waste Import Export Tracking System (WIETS), or its successor system for which the owner or operator of a facility bears no responsibility.
264.12(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
As per 40 CFR 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 40 CFR 262.84(b)(1) of the need to return or arrange alternate management of the shipment.
264.12(a)(3)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
As per 40 CFR 262.84(g), such owner or operator shall:
264.12(a)(4)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
Send copies of the signed and dated confirmation of recovery or disposal, as soon as possible, but no later than thirty days after completing recovery or disposal on the waste in the shipment and no later than one 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 Waste Import Export Tracking System (WIETS), or its successor system.
264.12(a)(4)(i)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
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 Waste Import Export Tracking System (WIETS), or its successor system. The recovery and disposal operations in this paragraph are defined in 40 CFR 262.81.
264.12(a)(4)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
SUBPART E  -  COMPLIANCE WITH THE MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
                                                                               
Revise to read: The owner or operator of a facility receiving hazardous waste subject to 40 CFR part 262, subpart H from a foreign source must:
264.71(a)(3)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
Additionally list the relevant consent number from consent documentation supplied by EPA to the facility for each waste listed on the manifest, matched to the relevant list number for the waste from block 9b. If additional space is needed, the owner or operator should use a Continuation Sheet(s) (EPA Form 8700-22A); and
264.71(a)(3)(i)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
Send a copy of the manifest within thirty (30) days of delivery to EPA using the addresses listed in 40 CFR 262.82(e) until the facility can submit such a copy to the e-Manifest system per paragraph (a)(2)(v) of this section.
264.71(a)(3)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise to read: As per 40 CFR 262.84(d)(2)(xv), within three (3) working days of the receipt of a shipment subject to 40 CFR part 262, subpart H, the owner or operator of a facility must provide a copy of the movement document bearing all required signatures to the foreign exporter; to the competent authorities of the countries of export and transit that control the shipment as an export and transit 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 copy of the movement document must be maintained at the facility for at least three (3) years from the date of signature. The owner or operator of a facility may satisfy this recordkeeping requirement by retaining electronically submitted documents in the facility's account on EPA's Waste Import Export Tracking System (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 EPA's Waste Import Export Tracking System (WIETS), or its successor system, for which the owner or operator of a facility bears no responsibility.
264.71(d)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
PART 265 -- INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
                                                                               
                   SUBPART B  -  GENERAL FACILITY STANDARDS
                                                                               
Revise to read: The owner or operator of a facility that is arranging or has arranged to receive hazardous waste subject to 40 CFR part 262, subpart H from a foreign source must submit the following required notices:
265.12(a)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
As per 40 CFR 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 40 CFR 262.84(b)(1) at least 60 days before the first shipment is expected to depart the country of export. The notification may cover up to one 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.
265.12(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
As per 40 CFR 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 EPA's Waste Import Export Tracking System (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 EPA's Waste Import Export Tracking System (WIETS), or its successor system, for which the owner or operator of a facility bears no responsibility.
265.12(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
As per 40 CFR 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 40 CFR 262.84(b)(1) of the need to return or arrange alternate management of the shipment.
265.12(a)(3)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
As per 40 CFR 262.84(g), such owner or operator shall:
265.12(a)(4)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
Send copies of the signed and dated confirmation of recovery or disposal, as soon as possible, but no later than thirty days after completing recovery or disposal on the waste in the shipment and no later than one 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 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.
265.12(a)(4)(i)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
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 Waste Import Export Tracking System (WIETS), or its successor system. The recovery and disposal operations in this paragraph are defined in 40 CFR 262.81.
265.12(a)(4)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
SUBPART E  -  COMPLIANCE WITH THE MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
                                                                               
Revise to read: The owner or operator of a facility that receives hazardous waste subject to 40 CFR part 262, subpart H from a foreign source must:
265.71(a)(3)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
Additionally list the relevant consent number from consent documentation supplied by EPA to the facility for each waste listed on the manifest, matched to the relevant list number for the waste from block 9b. If additional space is needed, the owner or operator should use a Continuation Sheet(s) (EPA Form 8700-22A); and
265.71(a)(3)(i)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
Send a copy of the manifest to EPA using the addresses listed in 40 CFR 262.82(e) within thirty (30) days of delivery until the facility can submit such a copy to the e-Manifest system per paragraph (a)(2)(v) of this section.
265.71(a)(3)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise to read: As per 40 CFR 262.84(d)(2)(xv), within three (3) working days of the receipt of a shipment subject to 40 CFR part 262, subpart H, the owner or operator of a facility must provide a copy of the movement document bearing all required signatures 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 copy of the movement document must be maintained at the facility for at least three (3) years from the date of signature. The owner or operator of a facility may satisfy this recordkeeping requirement by retaining electronically submitted documents in the facility's account on EPA's Waste Import Export Tracking System (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 EPA's Waste Import Export Tracking System (WIETS), or its successor system, for which the owner or operator of a facility bears no responsibility.
265.71(d)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
PART 266 -- STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
                                                                               
    SUBPART F  -  RECYCLABLE MATERIALS UTILIZED FOR PRECIOUS METAL RECOVERY
                                                                               
Revise to read: Persons who generate, transport, or store recyclable materials that are regulated under this subpart are subject to the following requirements:
266.70(b)
9VAC20-60-18.
IBR in 9VAC20-60-266 A.
                                       X
                                       
                                       
                                       
                                                                               
Notification requirements under section 3010 of RCRA;
266.70(b)(1)
9VAC20-60-18.
IBR in 9VAC20-60-266 A.
                                       X
                                       
                                       
                                       
                                                                               
Subpart B of part 262 (for generators), 40 CFR 263.20 and 263.21 (for transporters), and 40 CFR 265.71 and 265.72 (for persons who store) of this chapter; and
266.70(b)(2)
9VAC20-60-18.
IBR in 9VAC20-60-266 A.
                                       X
                                       
                                       
                                       
                                                                               
For precious metals exported to or imported from other countries for recovery, 40 CFR part 262, subpart H and 265.12.
266.70(b)(3)
9VAC20-60-18.
IBR in 9VAC20-60-266 A.
                                       X
                                       
                                       
                                       
                                                                               
            SUBPART G  -  SPENT LEAD-ACID BATTERIES BEING RECLAIMED
                                                                              5
Revise paragraphs (a)(6) and (7) and add paragraphs (a)(8), (9), and (10) to read as follows:
266.80(a)
9VAC20-60-18.
IBR in 9VAC20-60-266 A.
                                       X
                                       
                                       
                                       
                                                                              5
                             If your batteries ...
                                And if you ...
                                 Then you ...
                                  And you ...
                                 * * * * * * *
(6) Will be reclaimed through regeneration or any other means
export these batteries for reclamation in a foreign country
are exempt from 40 CFR parts 262 (except for § 262.11, § 262.12 and subpart H), 263, 264, 265, 266, 268, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA. 
are subject to 40 CFR part 261, § 262.11, § 262.12, and 40 CFR part 262, subpart H. 
(7) Will be reclaimed through regeneration or any other means
Transport these batteries in the U.S. to export them for reclamation in a foreign country
are exempt from 40 CFR parts 263, 264, 265, 266, 268, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA.
must comply with applicable requirements in 40 CFR part 262, subpart H. 
(8) Will be reclaimed other than through regeneration
Import these batteries from foreign country and store these batteries but you aren't the reclaimer
are exempt from 40 CFR parts 262 (except for § 262.11, § 262.12 and subpart H), 263, 264, 265, 266, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA
are subject to 40 CFR parts 261, § 262.11, § 262.12, part 262 subpart H, and applicable provisions under part 268.
(9) Will be reclaimed other than through regeneration
Import these batteries from foreign country and store these batteries before you reclaim them
must comply with 40 CFR 266.80(b) and as appropriate other regulatory provisions described in 266.80(b)
are subject to 40 CFR parts 261, § 262.11, § 262.12, part 262 subpart H, and applicable provisions under part 268.
(10) Will be reclaimed other than through regeneration
Import these batteries from foreign country and don't store these batteries before you reclaim them
are exempt from 40 CFR parts 262 (except for § 262.11, § 262.12 and subpart H), 263, 264, 265, 266, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA
are subject to 40 CFR parts 261, § 262.11, § 262.12, part 262 subpart H, and applicable provisions under part 268.
                                       
                                                                               
PART 267 -- STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT
                                                                               
SUBPART E  -  COMPLIANCE WITH THE MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
                                                                               
Revise to read: Within 30 days after the delivery, send a copy of the manifest to the generator;
267.71(a)(4)
N/A * See State Note Below
                                       
                                       
                                       
                                       
                                                                               
Revise to read: Retain at the facility a copy of each manifest for at least three years from the date of delivery; and
267.71(a)(5)
N/A * See State Note Below
                                       
                                       
                                       
                                       
                                                                               
Add: If a facility receives hazardous waste subject to 40 CFR part 262, subpart H from a foreign source, the receiving facility must:
267.71(a)(6)
N/A * See State Note Below
                                       
                                       
                                       
                                       
                                                                               
Additionally list the relevant consent number from consent documentation supplied by EPA to the facility for each waste listed on the manifest, matched to the relevant list number for the waste from block 9b. If additional space is needed, the receiving facility should use a Continuation Sheet(s) (EPA Form 8700-22A); and
267.71(a)(6)(i)
N/A * See State Note Below
                                       
                                       
                                       
                                       
                                                                               
Mail a copy of the manifest to EPA using the addresses listed in 40 CFR 262.82(e) within thirty (30) days of delivery until the facility can submit such a copy to the e-Manifest system per 40 CFR 264.71(a)(2)(v) or 265.71(a)(2)(v).
267.71(a)(6)(ii)
N/A * See State Note Below
                                       
                                       
                                       
                                       
                                                                               
Revise to read: As per 40 CFR 262.84(d)(2)(xv), within three (3) working days of the receipt of a shipment subject to 40 CFR part 262, subpart H, the owner or operator of a facility must provide a copy of the movement document bearing all required signatures 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 copy of the movement document must be maintained at the facility for at least three (3) years from the date of signature. The owner or operator of a facility may satisfy this recordkeeping requirement by retaining electronically submitted documents in the facility's account on EPA's Waste Import Export Tracking System (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 EPA's Waste Import Export Tracking System (WIETS), or its successor system, for which the owner or operator of a facility bears no responsibility.
267.71(d)
N/A * See State Note Below
                                       
                                       
                                       
                                       
                                                                               
              PART 273 -- STANDARDS FOR UNIVERSAL WASTE MANAGEMENT
                                                                               
    SUBPART B  -  STANDARDS FOR SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE
                                                                               
A small quantity handler of universal waste who sends universal waste to a foreign destination is subject to the requirements of 40 CFR part 262, subpart H.
273.20
9VAC20-60-18.
IBR in 9VAC20-60-273 A.
                                       X
                                       
                                       
                                       
                                                                               
     SUBPART C - STANDARDS FOR LARGE QUANTITY HANDLERS OF UNIVERSAL WASTE
                                                                               
Receipt of shipments. A large quantity handler of universal waste must keep a record of each shipment of universal waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, movement document or other shipping document. The record for each shipment of universal waste received must include the following information:
273.39(a)
9VAC20-60-18.
IBR in 9VAC20-60-273 A.
                                       
                                       
                                       
                                       
                                                                               
Shipments off-site. A large quantity handler of universal waste must keep a record of each shipment of universal waste sent from the handler to other facilities. The record may take the form of a log, invoice, manifest, bill of lading, movement document or other shipping document. The record for each shipment of universal waste sent must include the following information:
273.39(b)
9VAC20-60-18.
IBR in 9VAC20-60-273 A.
                                       
                                       
                                       
                                       
                                                                               
A large quantity handler of universal waste who sends universal waste to a foreign destination is subject to the requirements of 40 CFR part 262, subpart H.
273.40
9VAC20-60-18.
IBR in 9VAC20-60-273 A.
                                       
                                       
                                       
                                       
                                                                               
            SUBPART D - STANDARDS FOR UNIVERSAL WASTE TRANSPORTERS
                                                                               
A universal waste transporter transporting a shipment of universal waste to a foreign destination is subject to the requirements of 40 CFR part 262, subpart H.
273.56
9VAC20-60-18.
IBR in 9VAC20-60-273 A.
                                       
                                       
                                       
                                       
                                                                               
                 SUBPART E - STANDARDS DESTINATION FACILITIES
                                                                               
The owner or operator of a destination facility must keep a record of each shipment of universal waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, movement document or other shipping document. The record for each shipment of universal waste received must include the following information:
273.62(a)
9VAC20-60-18.
IBR in 9VAC20-60-273 A.
                                       
                                       
                                       
                                       
                                                                               
                       SUBPART F  -  IMPORT REQUIREMENTS
                                                                               
Persons managing universal waste that is imported from a foreign country into the United States are subject to the requirements of 40 CFR part 262 subpart H and the applicable requirements of this part, immediately after the waste enters the United States, as indicated in paragraphs (a) through (c) of this section:
273.70
9VAC20-60-18.
IBR in 9VAC20-60-273 A.
                                       X
                                       
                                       
                                       
                                                                               
A universal waste transporter is subject to the universal waste transporter requirements of subpart D of this part.
273.70(a)
9VAC20-60-18.
IBR in 9VAC20-60-273 A. 
                                       X
                                       
                                       
                                       
                                                                               
A universal waste handler is subject to the small or large quantity handler of universal waste requirements of subparts B or C, as applicable.
273.70(b)
9VAC20-60-18.
IBR in 9VAC20-60-273 A. 
                                       X
                                       
                                       
                                       
                                                                               
An owner or operator of a destination facility is subject to the destination facility requirements of subpart E of this part.
273.70(c)
9VAC20-60-18.
IBR in 9VAC20-60-273 A. 
                                       X
                                       
                                       
                                       
                                                                               
Removed
273.70(d)
9VAC20-60-18.
IBR in 9VAC20-60-273 A. 
                                       X
                                       
                                       
                                       

1 These provisions must be adopted and authorized only by states that are authorized for the rules regarding the Conditional Exemption for Small Scale Treatability Studies (July 19, 1988, 53 FR 27290) and (February 18, 1994, 59 FR 8362).  

2 The Automated Export System (AES) filing compliance date referenced at 40 CFR 261.39(a)(5)(v)(B) and 262.83(a)(6)(i) was set as December 31, 2017, in 82 FR 41015 (August 29, 2017).  States should insert this date into their regulations.

3 This provision (262.12(d)) was moved to 262.18(e) in the Hazardous Waste Generator Improvements Rule (November 28, 2016, 81 FR 85732, Checklist 237).  States may replace "EPA" with the authorized state agency.  

4 In the Hazardous Waste Generator Improvements Rule (November 28, 2016, 81 FR 85732, Checklist 237), this paragraph (262.41(b)) was moved to 262.41(c) and the text was revised.

5 References in several provisions in 266.80(a) made to 262.12 were revised to read as 262.18 in the Hazardous Waste Generator Improvements Rule (November 28, 2016, 81 FR 85732, Checklist 237). States may change the reference to 262.18.

6 Note that 261.5 and 262.34 were reserved and removed by the Hazardous Waste Generator Improvements Rule (November 28, 2016, 81 FR 85732, Checklist 237). The correct citation is 262.13.  States may amend 261.4(e)(1) by replacing "40 CFR 261.5 and 262.34(d)" with "262.13."

7 The addresses in this section were changed by the following notice: (August 6, 2018, 83 FR 38263. States should replace the address in these sections with the new address. The following is the applicable language from the first part of the provisions:  
Prior to one year after the AES filing compliance date, annual reports must be sent to the following mailing address: 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 Ave. NW, Washington, DC 20460. Hand-delivered annual reports on used CRTs exported during 2016 should be sent to: 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, William Jefferson Clinton South Building, Room 6144, 1200 Pennsylvania Ave. NW, Washington, DC 20004.

8 Note that this rule deletes the definition of "recovery facility" from 262.81. This rule also moved the definition of "recognized trader" from 262.61 to 260.10.

9	Note that former provisions in 262.83(b)(2)(i) and (ii) are deleted by this rule.

10 Note that this provision was amended by the rule: Confidentiality Determinations for Hazardous Waste Export and Import Documents (August 29, 2017, 82 FR 41015), Checklist 238, by deleting the last sentence, which is struck out in this checklist.


 Virginia- It appears that Virginia may have been authorized for Part 267 between 2005 and 2006. However, the Standardized Permits, Part 267 was not included in our published regulations. Virginia intends to correct this omission by including Part 267 in our next annual update. 
