The following definitions apply to this subchapter.
(a) "Competent authorities" means the
regulatory authorities of concerned countries having jurisdiction over
transfrontier movements of wastes destined for recovery operations.
(b) "Concerned countries" means the exporting
and importing OECD member countries and any OECD member countries of
transit.
(c) "Consignee" means the
person to whom possession or other form of legal control of the waste is
assigned at the time the waste is received in the importing country.
(d) "Country of transit" means any designated
OECD country in sections
11-262-58(a)(1) and (a)(2) other than the exporting or
importing country across which a transfrontier movement of wastes is planned or
takes place.
(e) "Exporting
country" means any designated OECD member country in section
11-262-58(a)(1)
from which a transfrontier movement of wastes is planned or has
commenced.
(f) "Importing country"
means any designated OECD country in section
11-262-58(a)(1) to which a
transfrontier movement of wastes is planned or takes place for the purpose of
submitting the wastes to recovery operations therein.
(g) "Notifier" means the person under the
jurisdiction of the exporting country who has, or will have at the time the
planned transfrontier movement commences, possession or other forms of legal
control of the wastes and who proposes their transfrontier movement for the
ultimate purpose of submitting them to recovery operations. When the United
States (U.S.) is the exporting country, notifier is interpreted to mean a
person domiciled in the U.S.
(h)
"OECD area" means all land or marine areas under the national jurisdiction of
any designated OECD member country in section
11-262-58. When the regulations
refer to shipments to or from an OECD country, this means OECD area.
(i) "Recognized trader" means a person who,
with appropriate authorization of concerned countries, acts in the role of
principal to purchase and subsequently sell wastes; this person has legal
control of such wastes from time of purchase to time of sale; such a person may
act to arrange and facilitate transfrontier movements of wastes destined for
recovery operations.
(j) "Recovery
facility" means an entity which, under applicable domestic law, is operating or
is authorized to operate in the importing country to receive wastes and to
perform recovery operations on them.
(k) "Recovery operations" means activities
leading to resource recovery, recycling, reclamation, direct re-use or
alternative uses as listed in Table 2.B of the Annex of OECD Council Decision
C(88)90(Final) of 27 May 1988, (available from the United States Environmental
Protection Agency, RCRA Information Center (RIC), 1235 Jefferson-Davis Highway,
first floor, Arlington, VA 22203 (Docket #F-94-IEHF-FFFFF) and the Organisation
for Economic Cooperation and Development, Environment Direcorate, 2 rue Andre
Pascal, 75775 Paris Cedex 16, France) which include:
R1 Use as a fuel (other than in direct incineration) or
other means to generate energy
R2 Solvent reclamation/regeneration
R3 Recycling/reclamation of organic substances which are
not used as solvents
R4 Recycling/reclamation of metals and metal
compounds
R5 Recycling/reclamation of other inorganic
materials
R6 Regeneration of acids or bases
R7 Recovery of components used for pollution
control
R8 Recovery of components from catalysts
R9 Used oil re-refining or other reuses of previously used
oil
R10 Land treatment resulting in benefit to agriculture or
ecological improvement
R11 Uses of residual materials obtained from any of the
operations numbered R1-R10
R12 Exchange of wastes for submission to any of the
operations numbered R1-R11
R13 Accumulation of material intended for any operation in
Table 2.B
(l)
"Transfrontier movement" means any shipment of wastes destined for recovery
operations from an area under the national jurisdiction of one OECD member
country to an area under the national jurisdiction of another OECD member
country.
