NR 662.081(15)(15) “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. NR 662.081(16)(16) “OECD” means the Organization for Economic Cooperation and Development. NR 662.081(17)(17) “OECD member country” means the countries that are members of the OECD and participate in the Amended 2001 OECD Decision. NR 662.081(18)(18) “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. NR 662.081(19)(19) “Recovery operations” means activities leading to resource recovery, recycling, reclamation, direct re-use or alternative uses, which includes all of the following: NR 662.081(19)(a)(a) R1 Use as a fuel, other than in direct incineration, or other means to generate energy. NR 662.081(19)(c)(c) R3 Recycling/reclamation of organic substances that are not used as solvents. NR 662.081(19)(j)(j) R10 Land treatment resulting in benefit to agriculture or ecological improvement. NR 662.081(19)(k)(k) R11 Uses of residual materials obtained from any of the operations numbered R1 through R10 or RC14, for transboundary shipments with Canada only. NR 662.081(19)(L)(L) R12 Exchange of wastes for submission to any of the operations numbered R1 through R11 or RC14, for transboundary shipments with Canada only. NR 662.081(19)(m)(m) R13 Accumulation of material intended for any operation numbered R1 through R12 or RC14, for transboundary shipments with Canada only. NR 662.081(19)(n)(n) 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. NR 662.081(19)(o)(o) RC15 Testing of a new technology to recycle a hazardous recyclable material, for transboundary shipments with Canada only. NR 662.081(19)(p)(p) RC16 Interim storage prior to any of operations R1 to R11 or RC14, for transboundary shipments with Canada only. NR 662.081(20)(20) “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. NR 662.081 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20. NR 662.082(1)(1) 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. NR 662.082(1)(a)1.1. 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 subchapter. NR 662.082(1)(a)2.2. Green wastes that are hazardous wastes are subject to the requirements of this subchapter. NR 662.082(1)(b)1.1. Amber wastes that are hazardous wastes are subject to the requirements of this subchapter. When Amber wastes 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, the following regulations apply: NR 662.082 NoteNote: Some Amber list wastes are not listed or otherwise identified as hazardous under RCRA, and therefore are not subject to the requirements of this subchapter. Regardless of the status of the waste under RCRA, however, other Federal environmental statutes, such as the Toxic Substances Control Act, restrict certain waste imports or exports. Such restrictions continue to apply with regard to this subchapter.
NR 662.082(1)(b)2.2. 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 subchapter. 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. NR 662.082(1)(c)1.1. 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 subchapter. NR 662.082 NoteNote: 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.
NR 662.082(1)(c)2.2. 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 subchapter. NR 662.082 NoteNote: 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.
NR 662.082(1)(d)(d) Wastes not yet assigned to an OECD list. Wastes not yet assigned to an OECD waste list are eligible for transboundary movements, as follows: NR 662.082(1)(d)1.1. If the wastes are hazardous wastes, the wastes are subject to the requirements of this subchapter. NR 662.082(1)(d)2.2. If the wastes are not hazardous wastes, the wastes are not subject to the requirements of this subchapter. NR 662.082(2)(2) General conditions applicable to transboundary movements of hazardous waste. NR 662.082(2)(a)(a) The hazardous waste shall 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. NR 662.082(2)(b)(b) The transboundary movement shall be in compliance with applicable international transport agreements. NR 662.082 NoteNote: These international agreements include the 1944 Chicago Convention, 1957 ADR, 1970 ADNR, 1973 and 1978 MARPOL Convention, 1974 SOLAS Convention, 1985 IMDG Code, 1985 COTIF, and the 1985 RID.
NR 662.082(2)(c)(c) Any transit of hazardous waste through one or more countries shall be conducted in compliance with all applicable international and national laws and regulations. NR 662.082(3)(3) 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 shall be returned to the country of export. The U.S. transporter shall inform EPA at the mailing address specified in sub. (5) of the need to return the shipment. EPA will then inform the competent authority of the country of export, citing the reasons for returning the waste. The U.S. transporter shall complete the return within 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. NR 662.082(4)(4) Laboratory analysis exemption. Export or import of a hazardous waste sample is exempt from the requirements of this subchapter 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 25 kilograms in quantity, is appropriately packaged and labeled, and complies with the conditions under s. NR 661.0004 (4) or (5). NR 662.082(5)(5) EPA address for submittals by postal mail or hand delivery. Submittals required in this subchapter to be made by postal mail or hand delivery shall be sent to the following addresses: NR 662.082(5)(a)(a) For postal mail delivery, the Office of Land and Emergency Management, Office of Resource Conservation and Recovery, Materials Recovery and Waste Management Division, International Branch (Mail Code 2255A), Environmental Protection Agency, 1200 Pennsylvania Avenue N.W., Washington, DC 20460. NR 662.082(5)(b)(b) For hand-delivery, the Office of Land and Emergency Management, Office of Resource Conservation and Recovery, Materials Recovery and Waste Management Division, International Branch (Mail Code 2255A), Environmental Protection Agency, William Jefferson Clinton South Building, Room 6144, 1200 Pennsylvania Ave. N.W., Washington, DC 20004. NR 662.082 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20. NR 662.083(1)(1) General export requirements. Except as provided in pars. (e) and (f), 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: NR 662.083(1)(a)(a) The exporter complies with the contract requirements specified in sub. (6). NR 662.083(1)(b)(b) The exporter complies with the notification requirements specified in sub. (2). NR 662.083(1)(c)(c) 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. NR 662.083(1)(d)(d) The exporter ensures compliance with the movement documents requirements specified in sub. (4). NR 662.083(1)(e)(e) The exporter ensures compliance with the manifest instructions for export shipments specified in sub. (3). NR 662.083(1)(f)(f) The exporter or a U.S. authorized agent does the following as applicable: NR 662.083(1)(f)1.1. For shipments initiated prior to the AES filing compliance date of December 31, 2017, does one of the following: NR 662.083(1)(f)1.a.a. Submits Electronic Export Information or EEI for each shipment to the Automated Export System or AES or its successor system, under the International Trade Data System or ITDS platform, in accordance with 15 CFR 30.4 (b), and includes the other information required under 15 CFR 30.6 and all of the following items in the EEI: EPA license code; commodity classification code for each hazardous waste per 15 CFR 30.6 (a) (12); EPA consent number for each hazardous waste; country of ultimate destination code per 15 CFR 30.6 (a) (5); date of export per 15 CFR 30.6 (a) (2); RCRA hazardous waste manifest tracking number, if required; 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 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. NR 662.083(1)(f)1.b.b. Complies with a paper-based process by doing the following: attaching a paper copy of the EPA Acknowledgment of Consent international movement document to the manifest, or shipping papers if a manifest is not required, which shall accompany the hazardous waste shipment. For bulk shipment exports by rail or water, the primary exporter shall provide the transporter with the paper documentation of consent which shall accompany the hazardous waste but which need not be attached to the manifest except that for exports by bulk water shipment the primary exporter shall attach the paper documentation of consent to the shipping paper. 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 s. NR 663.20 (7) (d) 2. NR 662.083(1)(f)2.2. For shipments initiated on or after the AES filing compliance date of December 31, 2017, submits EEI for each shipment to the AES or its successor system, under the ITDS platform, in accordance with 15 CFR 30.4 (b), and includes the other information required under 15 CFR 30.6 and all of the following items in the EEI: EPA license code; commodity classification code for each hazardous waste per 15 CFR 30.6 (a) (12); EPA consent number for each hazardous waste; country of ultimate destination code per 15 CFR 30.6 (a) (5); date of export per 15 CFR 30.6 (a) (2); RCRA hazardous waste manifest tracking number, if required; 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 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. NR 662.083(2)(a)(a) General notifications. At least 60 days before the first shipment of hazardous waste is expected to leave the United States, the exporter shall provide notification in English to EPA of the proposed transboundary movement. Notifications shall be submitted electronically using EPA’s waste import export tracking system, 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 shall include all of the following information: NR 662.083(2)(a)1.1. Exporter name and EPA identification number, address, telephone, fax number, and email address. NR 662.083(2)(a)2.2. Foreign receiving facility name, address, telephone, fax number, email address, technologies employed, and the applicable recovery or disposal operations as defined in s. NR 662.081. NR 662.083(2)(a)3.3. If not the owner or operator of the foreign receiving facility, then the foreign importer name, address, telephone number, fax number, and email address. NR 662.083(2)(a)4.4. Intended transporter and/or their agent; address, telephone number, fax number, and email address. NR 662.083(2)(a)5.5. “U.S.” as the country of export name, “USA01” as the relevant competent authority code, and the intended U.S. port of exit. NR 662.083(2)(a)6.6. 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. NR 662.083(2)(a)7.7. The ISO standard 3166 country name 2-digit code, OECD/Basel competent authority code, and port of entry for the country of import. NR 662.083(2)(a)8.8. Statement of whether the notification covers a single shipment or multiple shipments. NR 662.083(2)(a)11.11. A description of each hazardous waste, including whether each hazardous waste is regulated universal waste under ch. NR 673, or the state equivalent, spent lead-acid batteries being exported for recovery of lead under subch. G of ch. NR 666, or the state equivalent, or industrial ethyl alcohol being exported for reclamation under s. NR 661.0006 (1) (c) 1.; estimated total quantity of each waste in either metric tons or cubic meters; the applicable RCRA waste codes for each hazardous waste; the applicable OECD waste code from the lists incorporated by reference in 40 CFR 260.11; and the United Nations and U.S. Department of Transportation ID number for each waste. NR 662.083(2)(a)13.13. 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:
NR 662.083(2)(b)(b) 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 3 years of shipments. Notifications proposing export to a pre-consented facility in an OECD member country shall include all information listed in sub. (2) (a) 1. to 13. and additionally state that the facility is pre-consented. An exporter shall submit the notification to EPA using the allowable methods listed in sub. (2) (a) at least 10 days before the first shipment is expected to leave the United States. NR 662.083(2)(c)(c) Notifications listing interim recycling operations or interim disposal operations. If the foreign receiving facility listed in par. (a) 2. 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 under par. (a) shall also include the final foreign recovery or disposal facility name, address, telephone number, fax number, email 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 s. NR 662.081. NR 662.083(2)(d)(d) 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 shall submit a renotification of the changes to EPA using the allowable methods specified in par. (a). 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. NR 662.083(2)(e)(e) Disposal operations are not covered under an international agreement. 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 the 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 that EPA determines satisfies the requirements under par. (a) 1. to 13. NR 662.083(2)(f)(f) Consent to the proposed transboundary movements. When the countries of import and transit consent to the proposed transboundary movements of the hazardous wastes, EPA will forward an EPA AOC letter to the exporter documenting the countries’ consents. When any of the countries of import and transit objects to the proposed transboundary movements of the hazardous waste or withdraws a prior consent, EPA will notify the exporter.
