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Final Regulations: Import/Export Rule Revisions (Revision Checklist 236) 81 FR 85696-85729, 82 FR 41015-41016

DTSC Reference Number: R-2018-03
OAL Reference Number: 2018-0709-02N

OAL Approval Date: 08/20/18
Secretary of State Filing Date: 08/20/18
Effective Date: 08/20/18

Import Export Rule Adoption (Section 100)

The Office of Administrative Law (OAL) has issued an Endorsed as Filed approval to DTSC for the section 100 filing of the Import/Export Rule Adoption.  The effective date is August 20, 2018.  The documents pertaining to this rulemaking file can be found below:

DTSC is in the process of amending existing California regulations regarding the import and export of hazardous wastes into and from the United States. The rulemaking package was submitted to the Office of Administrative Law (OAL) on July 9, 2018. OAL has 30 working days to review and accept the package and make a determination to approve  the regulations.

The U.S. EPA made these changes to their regulations to provide greater protection to human health and the environment by making existing export and import related requirements more consistent with the current import-export requirements for shipments between members of the Organization for Economic Cooperation and Development (OECD); enable electronic submittal to U.S. EPA of all export and import-related documents (e.g., export notices, export annual reports); and enable electronic validation of consent in the Automated Export System (AES) for export shipments subject to Resource Conservation and Recovery Act (RCRA) export consent requirements prior to exit.

These import and export requirements will be administered by the Federal government as a foreign policy matter and will not be administered by States, which is why these proposed regulatory changes qualify for a change without regulatory effect (section 100). State programs are required to adopt the provisions in this rule to maintain their equivalency with the Federal program under 40 CFR 271.10(e). In cases of section 100 amendments, no public comment period exists and the regulations will become effective upon approval by OAL. This should occur no later than August 13, 2018.

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