Haw. Code R. § 11-262-53 - Notification of intent to export
(a) A primary
exporter of hazardous waste must notify EPA of an intended export before such
waste is scheduled to leave the United States. A complete notification should
be submitted sixty (60) days before the initial shipment is intended to be
shipped off site. This notification may cover export activities extending over
a twelve (12) month or lesser period. The notification must be in writing,
signed by the primary exporter, and include the following information:
(1) Name, mailing address, telephone number
and EPA identification number of the primary exporter;
(2) By consignee, for each hazardous waste
type:
(i) A description of the hazardous
waste and the EPA hazardous waste number (from subchapters C and D of chapter
11-261 or subparts C and D of 40 CFR Part 261 ), U.S. DOT proper shipping name,
hazard class and identification number (UN/NA) for each hazardous waste as
identified in 49 CFR Parts 171 through 177;
(ii) The estimated frequency or rate at which
such waste is to be exported and the period of time over which such waste is to
be exported.
(iii) The estimated
total quantity of the hazardous waste in units as specified in the instructions
to the Uniform Hazardous Waste Manifest Form (8700-22);
(iv) All points of entry to and departure
from each foreign country through which the hazardous waste will
pass;
(v) A description of the
means by which each shipment of the hazardous waste will be transported (e.g.,
mode of transportation vehicle (air, highway, rail, water, etc.), type(s) of
container (drums, boxes, tanks, etc.));
(vi) A description of the manner in which the
hazardous waste will be treated, stored or disposed of in the receiving country
(e.g., land or ocean incineration, other land disposal, ocean dumping,
recycling);
(vii) The name and site
address of the consignee and any alternate consignee; and
(viii) The name of any transit countries
through which the hazardous waste will be sent and a description of the
approximate length of time the hazardous waste will remain in such country and
the nature of its handling while there;
(b) Notifications submitted by mail should be
sent to the following mailing address: Office of Enforcement and Compliance
Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data
Division (2222A), United States Environmental Protection Agency, 401 M St.,
SW., Washington, DC 20460. Hand-delivered notifications should be sent to:
Office of Enforcement and Compliance Assurance, Office of Compliance,
Enforcement Planning, Targeting, and Data Division (2222A), United States
Environmental Protection Agency, Ariel Rios Bldg., 12th St. and Pennsylvania
Ave., NW., Washington, DC. In both cases, the following shall be prominently
displayed on the front of the envelope: "Attention; Notification of Intent to
Export.
(c) Except for changes to
the telephone number in paragraph (a)(1) of this section, changes to paragraph
(a)(2)(v) of this section and decreases in the quantity indicated pursuant to
paragraph (a)(2)(iii) of this section when the conditions specified on the
original notification change (including any exceedance of the estimate of the
quantity of hazardous waste specified in the original notification), the
primary exporter must provide EPA with a written renotification of the change.
The shipment cannot take place until consent of the receiving country to the
changes (except for changes to paragraph (a)(2)(viii) of this section and in
the ports of entry to and departure from transit countries pursuant to
paragraph (a)(2)(iv) of this section) has been obtained and the primary
exporter receives an EPA Acknowledgment of Consent reflecting the receiving
country's consent to the changes.
(d) Upon request by EPA, a primary exporter
shall furnish to EPA any additional information which a receiving country
requests in order to respond to a notification.
(e) [Reserved]
(f) Where the receiving country consents to
the receipt of the hazardous waste, EPA will forward an EPA Acknowledgment of
Consent to the primary exporter for purposes of subsection 11-262-54(h). Where
the receiving country objects to receipt of the hazardous waste or withdraws a
prior consent, EPA will notify the primary exporter in writing. EPA will also
notify the primary exporter of any responses from transit countries.
Notes
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