Export-Import Standards

Chapter 12 contains several provisions that apply to exporters and importers of hazardous waste. Chapter 12, article 5, applies to exporters of hazardous waste and is designed to ensure that hazardous waste is not exported to a foreign country without that country’s prior consent. Chapter 12, article 6, contains the regulations that apply to importers of hazardous waste. Chapter 12, Article 8, [which is identical to 40 CFR Part 262, Subpart H] contains the regulations implementing the Organization for Economic Cooperation and Development (OECD) Decision Concerning the Control of Transfrontier Movements of Wastes Destined for Recovery Operations.

Please note: the consent requirements, including EPA Acknowledgment of Consent and the requirements in Article 8 of Chapter 12 (for OECD countries) apply only to “RCRA hazardous waste”.

Exports

A person who is defined as a primary exporter per §66260.10 must follow the requirements outlined in §§66262.50 through 66262.58. For RCRA hazardous waste, primary exporters must submit a notification of intent to export (§66262.53) and comply with any applicable international trade agreements.

Imports

Any person who imports hazardous waste is considered the generator of the waste and must comply with the requirements in Chapter 12, as well as the special importer regulations in Article 6 of Chapter 12. These special regulations require the importer to use the name and address of the foreign generator and the importer’s name, address, and EPA ID number on the manifest. The transporter and the California facility arranging for the importation of the waste are both considered importers; however, the parties must agree on which one of the two will assume the generator duties.

OECD Decision

On April 12, 1996, EPA published a final rule establishing regulations to implement the OECD Decision (61 FR 16289). The OECD Decision requires member countries to establish regulations for hazardous waste exported to or imported from other member countries for recycling. As required by the OECD Decision, the regulations establish a graduated system (green, amber, red) of procedural and substantive controls when wastes move across national borders within the OECD for recovery (Part 262, Subpart H – found in Chapter 12, Article 8).   Importers and exporters of hazardous wastes must comply with applicable domestic laws and regulations, which include regulations under RCRA, contained in the Code of Federal Regulations (CFR), at 40 CFR Part 262, Subpart E and Subpart H.