(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 Section
R315-260-11.
(1) Green list wastes.
(i) 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 Sections
R315-262-80
through 84.
(ii) Green wastes that
are hazardous wastes are subject to the requirements of Sections
R315-262-80
through 84.
(2) Amber
list wastes.
(i) Amber wastes that are
hazardous wastes are subject to the requirements of Sections
R315-262-80
through 84, 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.
(A) For
exports, the exporter shall comply with Section
R315-262-83.
(B) For imports, the recovery or disposal
facility and the importer shall comply with Section
R315-262-84.
(ii) 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 Sections
R315-262-80
through 84. 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.
Note to Subsection R315-262-82(a)(2): Some Amber list wastes
are not listed or otherwise identified as hazardous under RCRA, and therefore
are not subject to the requirements of Sections
R315-262-80
through 84. Regardless of the status of the waste under RCRA, however, other
Federal environmental statutes, for example, the Toxic Substances Control Act,
restrict certain waste imports or exports. Such restrictions continue to apply
with regard to Sections
R315-262-80
through 84.
(3)
Mixtures of wastes.
(i) 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 Sections
R315-262-80
through 84.
Note to Subsection R315-262-82(a)(3)(i): 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.
(ii) 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 Sections
R315-262-80
through 84.
Note to Subsection R315-262-82(a)(3)(ii): 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:
(i) If such wastes are
hazardous wastes, such wastes are subject to the requirements of Sections
R315-262-80
through 84.
(ii) If such wastes are
not hazardous wastes, such wastes are not subject to the requirements of
Sections
R315-262-80
through 84.
(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; and
Note to Subsection R315-262-82(b)(2): 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).
(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 EPA at the
specified mailing address in Subsection R315-262-82(e) of the need to return
the shipment. EPA will 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 EPA informs the
country of export of the need to return the waste, unless informed in writing
by 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 Sections
R315-262-80
through 84 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 Subsection
R315-261-4(d) or
(e).
(e) EPA Address for submittals by postal mail
or hand delivery. Submittals required in Sections
R315-262-80
through 84 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, W
illiam Jefferson Clinton South Bldg., Room 6144, 12
th St. and Pennsylvania Ave., NW., Washington, DC
20004.
Notes
Utah Admin. Code
R315-262-82
Adopted by
Utah
State Bulletin Number 2016-9, effective
4/15/2016
Amended by
Utah
State Bulletin Number 2017-17, effective
8/31/2017
Amended by
Utah
State Bulletin Number 2019-21, effective
10/15/2019
