EPA Proposes Overhaul of Hazardous Waste Import-Export Regulations
The Environmental Protection Agency is proposing an overhaul of its regulations on international shipments of hazardous waste, it announced on Sept 24 (here). The proposed changes would apply the same set of regulations to all import and export shipments, whether from members of the Organization for Economic Cooperation and Development (OECD), Canada or Mexico, or non-OECD members. Other changes to general import-export regulations would allow electronic submission of all required documents, and provide for electronic validation in the Automated Export System. EPA will accept comments on the proposed rule, which has yet to be published in the Federal Register, for 60 days following its publication.
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EPA also issued proposed rules on setting standards for hazardous waste pharmaceuticals (here) and amending regulations for hazardous waste generators (here). Comments on both of those proposals are due Nov. 24.
EPA's hazardous waste import-export regulations cover universal waste, spent lead-acid batteries shipped for reclamation, hazardous recyclable materials for precious metal recovery, industry ethyl alcohol shipped for reclamation, and hazardous waste samples of more than 25 kg shipped for characterization or treatability studies. According to a pre-publication version released by EPA (here), the proposed rule would eliminate a complex system where hazardous waste shipments to and from non-OECD countries, Canada and Mexico must comply with requirements set in 40 CFR 262 Subparts E and F, while trade with OECD countries is governed by the requirements of 40 CFR 262 Subpart H. The proposed rule eliminates Subparts E and F entirely, amending Subpart H to apply to all shipments and updating it to comply with the latest OECD recommendations.
Notice and Comment Procedures, Single Movement Document for All Countries
The proposal would require all export and import shipments of covered hazardous waste to be shipped using notice and consent procedures, said EPA. If the country of export does not control a shipment as hazardous waste subject to notice and consent requirements, as is the case for shipments from Mexican Maquiladoras and non-OECD countries, the U.S. importer would be required to submit an export notice directly to EPA requesting consent to the proposed shipments in place of the foreign exporter, it said.
All import and export shipments would have to be accompanied by an international tracking document or movement document from the shipment’s starting point in the country of export to the destination facility in the country of import, it said. As with current manifest requirements, the movement document must list the name, address, telephone, fax numbers, and e-mail of the location from which the export shipment initiates, said the proposed rule. Treatment, disposal, or recovery of each shipment would be required within one year of shipment delivery, and the destination facility would have to send confirmation of completion back to the exporter and the relevant government agencies in the exporting and importing countries.
Electronic Filing of Import and Export Documentation
The proposed rule would require electronic submission of documents, including export notifications, export renotifications, export annual reports, export exception reports, export confirmations of receipt, export certifications of recovery or disposal, import notifications, import confirmations of receipt, and import certifications of recovery or disposal, through EPA’s hazardous waste import and export database. To comply, importers and exporters would have to register to use EPA’s Central Data Exchange (CDX). EPA's proposal would also require exporters of hazardous waste to file export consent data in AES to validate EPA’s consent covering each export shipment before each shipment exits the country. New data elements would include the EPA license code, EPA consent number, RCRA hazardous waste manifest tracking number, EPA net quantity, and EPA net quantity units of measurement.
Registration Required for Importers and Exporters
Importers and exporters that only arrange for the import or export of waste subject to notice and consent requirements and do not otherwise physically generate, transport, store, treat or dispose of the waste are currently not required to obtain an EPA ID number. EPA’s proposed rule would require that these importers and exporters notify EPA of their hazardous waste activity as “recognized traders” and obtain EPA ID numbers “to better track recognized trader activities and their compliance with the hazardous waste import and export process,” said the agency.