a)
Scope. The level of control for exports and imports of waste is indicated by
designation of the waste as either
Green waste or
Amber waste, as defined in
Section
722.181, and whether the waste
is or is not hazardous waste.
1) Green Wastes
A) Green waste that is not hazardous waste is
subject to existing controls normally applied to commercial transactions and is
not subject to the requirements of Subpart H.
B) Green waste that is hazardous waste is
subject to the requirements of Subpart H.
2) Amber Wastes
A) Amber waste that is hazardous waste is
subject to the
Amber control procedures in Subpart H, even if it is 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.
i) For exports, exporter must comply with
Section
722.183.
ii) For imports, the recovery or disposal
facility and the
importer must comply with Section
722.184.
B) Amber waste that is not hazardous waste,
but which is considered hazardous by the other country, is subject to the
Amber
control procedures in the country that considers the waste hazardous, and are
not subject to the requirements of Subpart H. All responsibilities of the U.S.
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.
BOARD NOTE: Some Amber wastes are not listed or otherwise
identified as hazardous under RCRA, and therefore are not subject to the
requirements of Subpart H. Regardless of the status of the waste under RCRA,
however, other federal environmental statutes (e.g., the Toxic Substances
Control Act ( 42 USC 2601 et seq.)) restrict certain waste imports or exports.
These other federal restrictions continue to apply without regard to the
applicability or inapplicability of Subpart H.
3) Mixtures
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 Subpart H.
BOARD NOTE: USEPA has noted that the law of some countries
may require 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 that is
hazardous waste is subject to the requirements of Subpart H.
BOARD NOTE: USEPA has noted that the law of some countries
may require 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) Waste that is not yet
OECD-listed waste is
eligible for transboundary movements, as follows:
A) If the waste is hazardous waste, the waste
is subject to the requirements of Subpart H.
B) If the waste is not hazardous waste, the
waste is not subject to the requirements of Subpart H.
b) General Conditions Applicable
to Transboundary Movements of Hazardous Waste
1) The hazardous waste must 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 must comply with applicable international transport agreements; and
BOARD NOTE: These international agreements include, the
Chicago Convention (1944), ADR (1957), ADNR (1970), MARPOL Convention
(1973/1978), SOLAS Convention (1974), IMDG Code (1985), COTIF (1985), and RID
(1985).
3) Any transit of
hazardous waste through one or more countries must comply 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 waste 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 must be returned to the country
of export. The U.S. transporter must inform EPA at the specified mailing
address in subsection (e) of the need to return the shipment. USEPA will then
inform the competent authority of the country of export, citing the reasons for
returning the waste. The U.S. transporter must complete the return within 90
days from the time USEPA informs the country of export of the need to return
the waste, unless informed in writing by USEPA 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 Subpart H 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, the sample does
not exceed 25 kg (55 pounds) in quantity, the sample is appropriately packaged
and labeled, and the sample complies with the conditions of 35 Ill. Adm. Code
721.104(d) or
(e).
e) USEPA Address for Submittals by Postal
Mail or Hand Delivery. Submittals required in Subpart H to be made by postal
mail or hand delivery should be sent to the following addresses:
1) For Postal Mail Delivery:
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:
Office of Land and Emergency Management
Office of Resource Conservation and Recovery
Materials Recovery and Waste Management Division
International Branch (Mail Code 2255T)
Environmental Protection Agency
William Jefferson Clinton South Bldg., Room 6144
12th St. and Pennsylvania Ave NW.
Washington, DC 20004.
