Managing Hazardous Waste

We protect the environment and communities by ensuring compliance with hazardous waste laws

Imports and Exports of Hazardous Waste

Introduction

California Code of Regulations, title 22, division 4.5, chapter 12, article 8 establishes regulations for the import and export of ResourceConservation and Recovery Act (RCRA) waste considered hazardous under Code of Federal Regulations, title 40, section 261.3, and non-RCRA hazardous waste specific to California. Analogous hazardous waste transboundary regulations are also enforced by the U.S. Environmental Protection Agency (EPA) under 40 Code of Federal Regulations Part 262, Subpart H. Together, these state and federal regulations ensure that hazardous waste shipped to and from this country is done so with proper approval and consent. An overview of the Department of Toxic Substances Control’s (DTSC) Import/Export Program, applicable regulations, and helpful resources for importers and exporters of hazardous waste are provided below.

Programs

La Paz Agreement

The 1983 La Paz Agreement established bilateral coordination between the U.S. and Mexico for environmental protection along the border area of the two countries (i.e., 100 km north and south of the border). This agreement, in turn, led to the creation of U.S. EPA’s multi-year “Border” programs (see Border 2025), as well as DTSC’s California/Mexico Border Program and the wider Import/Export Program. Both RCRA hazardous waste and non-RCRA hazardous waste are regulated through DTSC’s transboundary programs, but with differing levels of compliance (see table below).

OECD Control System for Waste Recovery

The Organization for Economic Co-operation and Development (OECD) is an international association comprised of 38 member countries. According to their website, the OECD provides “evidence-based international standards” and seeks to find “solutions to a range of social, economic and environmental challenges.” Member countries adhere to the OECD’s control procedures for transboundary hazardous waste shipments which implement a two-tiered system of “green” and “amber” wastes. More information about this classification system can be found on the OECD website, and in California Code of Regulations, title 22, section 66262.82. It is worth noting that shipments of hazardous waste between the United States and Mexico are governed by both the OECD’s control procedures and the La Paz Agreement.

Regulations

Importers

Any hazardous waste importer, as defined in California Code of Regulations, title 22, section 66262.81, must comply with the standards established in California Code of Regulations, title 22, section 66262.84, as well as those in 40 Code of Federal Regulations, section 262.84. The necessary shipping documentation, contract information, and recordkeeping requirements for hazardous waste imports are explained in these regulations (see the table below for more information).

Exporters

Any hazardous waste exporter, as defined in California Code of Regulations, title 22, section 66262.81, must comply with the export standards established in California Code of Regulations, title 22, section 66262.83, as well as those in 40 Code of Federal Regulations, section 262.83. The necessary shipping documentation, contract information, and recordkeeping requirements for hazardous waste exports are explained in these regulations (see the table below for more information).

Hazardous Waste Related Links

Requirement	RCRA Hazardous Waste	Non-RCRA Hazardous Waste	Import Regulations	Export Regulations
EPA Identification Number Issued by DTSC or U.S. EPA Regional Office based on Form 8700-12 notification of RCRA Subtitle C activity (e.g., acting as hazardous waste exporter).	Yes	Yes	§66262.12(a); §66262.12(d)	§66262.12(a); §66262.12(d)
Contracts Specifies the responsibilities of the U.S. exporter, importer, and recovery facility.	Yes	No	§66262.84(f)	§66262.83(f)
Notice of Intent Notifies DTSC and U.S. EPA of the intent to import or export hazardous waste 60 days prior to shipping.	Yes	Yes	§66262.84(b)	§66262.83(b)
Acknowledgement of Consent U.S. EPA letter documenting the written consent of the receiving country to accept hazardous waste, and describing the terms and conditions of consent.	Yes	No	§66262.84(b)(3); §66262.84(b)(5)	§66262.83(a)(3); §66262.83(b)(4); §66262.83(b)(6); §66262.83(b)(7)
Electronic Export Information Additional RCRA items that are part of the Electronic Export Information (EEI) submitted for each export shipment to the Automated Export System (AES) under the International Trade Data System (ITDS).	Yes	No	N/A	§66262.83(a)(6)(B)
RCRA Manifest Accompanies shipment from origin to port of exit or border crossing and contains information on the type and quantity of waste transported, instructions for handling waste, and consent numbers for listed hazardous wastes.	Yes	Yes	§66262.20	§66262.20; §66262.21; §66262.23; §66262.83(c)
International Movement Document Accompanies the waste from origin to recovery facility and includes information about the shipment, recovery facility, and transporters.	Yes	No	§66262.84(d)	§66262.83(d)
Confirmation of Receipt Exporter must require destination facility to confirm delivery of the hazardous waste to that destination facility using an international movement document within 3 working days.	Yes	No	§66262.84(d)(2)(O)	§66262.83(d)(2)(O); §66262.83(f)(4)
Exception Report Submit exception reports if shipment is delayed, lost, or returned to the United States.	Yes	Yes	N/A	§66262.83(h)
Confirmation of Recovery or Disposal Affirms that the waste materials were recovered or disposed of in the manner specified in the contract within 30 days.	Yes	No	§66262.84(g)	§66262.83(f)(5)
Annual Reporting Submit annual reports using RCRAInfo WIETS by March 1st of each year.	Yes	Yes	N/A	§66262.83(g)
Recordkeeping Maintain business records for 3 years and provide upon request.	Yes	Yes	§66262.84(h)	§66262.83(i)

Resources

RCRAInfo Waste Import Export Tracking System (WIETS): U.S. EPA’s comprehensive information system that characterizes facility status, regulated activities, and compliance histories, in addition to capturing detailed data on the generation of RCRA hazardous waste. In the future, this online application will also enable importers and exporters to create notices and submit them to U.S. EPA. The current status of RCRAInfo WIETS can be tracked here.
U.S. Customs and Border Protection: This page introduces the Automated Export System (AES) and provides a link to the free AESDirect online application.

Rulemakings

Transboundary hazardous waste rulemakings that have been proposed, are currently in development, or that have already been adopted are posted on the following DTSC regulations webpages: