Cal. Code Regs. Tit. 22, § 66262.82 - General Conditions
(a) 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 Code
of Federal Regulations section 260.11.
(1)
Green list wastes.
(A) 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 40 Code of
Federal Regulations section 262.82.
(B) Green wastes that are hazardous wastes
are subject to the requirements of 40 Code of Federal Regulations section
262.82.
(2) Amber list
wastes.
(A) Amber wastes that are hazardous
wastes are subject to the requirements of 40 Code of Federal Regulations
section 262.82, 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.
(1) For exports, the exporter shall comply
with 40 Code of Federal Regulations section 262.83.
(2) For imports, the recovery or disposal
facility and the importer shall comply with 40 Code of Federal Regulations
section 262.84.
(B) 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 40
Code of Federal Regulations section 262.82. 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.
(C)
Some Amber list wastes are not listed or otherwise identified as hazardous
under RCRA, and therefore are not subject to the requirements of 40 Code of
Federal Regulations section 262.82. 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 40 Code of Federal Regulations section
262.82.
(3) Mixtures of
wastes.
(A) 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 40 Code of Federal Regulations
section 262.82.
1. 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.
(B) 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 40 Code of
Federal Regulations section 262.82.
1. 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.
(4) Wastes not yet assigned to an OECD waste
list are eligible for transboundary movements, as follows:
(A) If such wastes are hazardous wastes, such
wastes are subject to the requirements of 40 Code of Federal Regulations
section 262.82.
(B) If such wastes
are not hazardous wastes, such wastes are not subject to the requirements of 40
Code of Federal Regulations section 262.82.
(b) General conditions applicable to
transboundary movements of hazardous waste.
(1) 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;
(2) The transboundary
movement shall be in compliance with applicable international transport
agreements. 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); and
(3) Any transit of
hazardous waste through one or more countries shall be conducted in compliance
with all applicable international and national laws and
regulations.
(c) 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 U.S. EPA at the specified mailing address in subsection (e) of this
section of the need to return the shipment. U.S. EPA shall then inform the
competent authority of the country of export, citing the reason(s) for
returning the waste. The U.S. transporter shall complete the return within
ninety (90) days from the time U.S. EPA informs the country of export of the
need to return the waste, unless informed in writing by U.S. EPA of another
timeframe agreed to by the concerned countries.
(d) Laboratory analysis exemption. Export or
import of a hazardous waste sample is exempt from the requirements of 40 Code
of Federal Regulations section 262.82 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 Code of Federal Regulations
section 261.4(d) or (e).
(e) U.S.
EPA Address for submittals by postal mail or hand delivery. Submittals required
in 40 Code of Federal Regulations section 262.82 to be made by postal mail or
hand delivery should be sent to the following addresses:
(1) 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 NW., Washington, DC 20460.
(2) 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.
Notes
2. Amendment filed 8-20-2018 as a change without regulatory effect pursuant to Health and Safety Code section 25159.1; operative 8-20-2018 (Register 2018, No. 34).
Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.82.
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