Ohio Admin. Code 3745-65-12 - Required notices
(A)
The owner or
operator of a facility that is arranging or has arranged to receive hazardous
waste subject to 40 C.F.R. Part 262 subpart H from a foreign source shall
submit the following required notices:
(1)
Pursuant to
40 C.F.R.
262.84(b), for imports where
the competent authority of the country of export does not require the foreign
exporter to submit to the competent authority of the country of export a
notification proposing export and obtain consent from U.S. EPA and the
competent authorities for the countries of transit, such owner or operator of
the facility, if acting as the importer, shall provide notification of the
proposed transboundary movement in English to U.S. EPA using the allowable
methods listed in
40 C.F.R.
262.84(b)(1) at least sixty
days before the first shipment is expected to depart the country of export. The
notification may cover up to one year of shipments of wastes having similar
physical and chemical characteristics, the same United Nations classification,
the same RCRA waste codes and "Organisation for Economic Co-operation and
Development" (OECD) waste codes, and being sent from the same foreign
exporter.
(2)
Pursuant to
40 C.F.R.
262.84(d)(2)(xv), a copy of
the movement document bearing all required signatures within three working days
after receipt of the shipment to the foreign exporter; to the competent
authorities of the countries of export and transit that control the shipment as
an export and transit shipment of hazardous waste respectively; and on or after
the electronic import-export reporting compliance date, to U.S. EPA
electronically using U.S. EPA's waste import export tracking system (WIETS), or
the successor system. The original of the signed movement document shall be
maintained at the facility for at least three years. The owner or operator of a
facility may satisfy this recordkeeping requirement by retaining electronically
submitted documents in the facility's account on U.S. EPA's WIETS, or the
successor system, provided that copies are readily available to view and
produce if requested by any U.S. EPA or Ohio EPA inspector. No owner or
operator of a facility may be held liable for the inability to produce the
documents for inspection under this rule if the owner or operator of a facility
can demonstrate that the inability to produce the document is due exclusively
to technical difficulty with U.S. EPA's WIETS, or the successor system, for
which the owner or operator of a facility bears no
responsibility.
(3)
Pursuant to
40 C.F.R.
262.84(f)(4), if the owner
or operator of a facility has physical control of the waste and the waste must
be sent to an alternate facility or returned to the country of export, such
owner or operator of the facility shall inform U.S. EPA, using the allowable
methods listed in
40 C.F.R.
262.84(b)(1) of the need to
return or arrange alternate management of the shipment.
(4)
Pursuant to
40 C.F.R.
262.84(g), such owner or
operator shall do all of the following:
(a)
Send copies of
the signed and dated confirmation of recovery or disposal, as soon as possible,
but no later than thirty days after completing recovery or disposal of the
waste in the shipment and no later than one calendar year after receipt of the
waste, to the foreign exporter, to the competent authority of the country of
export that controls the shipment as an export of hazardous waste, and on or
after the electronic import-export reporting compliance date, to U.S. EPA
electronically using U.S. EPA's WIETS, or the successor system.
(b)
If the owner or
operator of a facility performed any of recovery operations R12, R13, or RC16,
or disposal operations D13 to D15, or DC17, promptly send copies of the
confirmation of recovery or disposal that the facility receives from the final
recovery or disposal facility within one year after shipment delivery to the
final recovery or disposal facility that performed one of recovery operations
R1 to R11, or RC16, or one of disposal operations D1 to D12, or DC15 to DC16,
to the competent authority of the country of export that controls the shipment
as an export of hazardous waste, and on or after the electronic import-export
reporting compliance date, to U.S. EPA electronically using U.S. EPA's WIETS,
or the successor system. The recovery and disposal operations in this paragraph
are defined in
40
C.F.R. 262.81.
Replaces: 3745-65-12 rescinded
Notes
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 01/07/1983, 12/07/2000, 12/07/2004, 02/16/2009, 03/17/2012, 02/12/2018
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