Frequent Questions about Hazardous Waste Imports and Exports

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Frequent Questions about Hazardous Waste Imports


Accumulating Import Shipments

Can hazardous waste importers take advantage of the generator provisions to accumulate imported wastes for 90 days without a RCRA storage permit?

Although importers must comply with applicable generator requirements in Title 40 of the Code of Federal Regulations (CFR) Part 262, including the special requirements of Part 262, Subpart H, importers cannot accumulate hazardous waste for more than 10 days without a Resource Conservation and Recovery Act (RCRA) storage permit. The 90 day generator accumulation time is not applicable to imports of hazardous waste, which are already in transportation.[1] The hazardous waste may be stored during the normal course of transportation to the designated facility at a transfer facility for 10 days or less, provided that the hazardous waste is packaged in accordance with U.S. Department of Transportation (DOT) packaging regulations (40 CFR section 263.12). 

EPA Identification Number Requirements - Imports

I arrange for imports of hazardous waste. How do I obtain an EPA ID number?

All importers, including recognized traders, are subject to generator requirements and require EPA ID numbers prior to arranging for import. You need to fill out and submit EPA Form 8700-12. Instructions on how to access EPA Form 8700-12 and where to submit it are available at How Hazardous Waste Generators, Transporters, and Treatment, Storage and Disposal Facilities Can Obtain EPA Identification Numbers.

Notification Requirements – Imports  

How do U.S. importers access RCRAInfo WIETS? 

U.S. importers need to register in RCRAInfo and request access to the WIETS application from their RCRAInfo account. 

To access RCRAInfo WIETS, you will need to be registered in RCRAInfo and will need to request access to the WIETS application once you have a RCRAInfo account. Each user should create their own RCRAInfo industry account in their name and follow these steps to gain access to their facility ID(s): 

  1. Create your own RCRAInfo industry user account: How to create an account. 
  2. Request either WIETS permissions or Site Manager permissions to your facility ID: How to request site access.
  3. If there is an existing site manager your request will go to them to review. If they are unavailable, please contact your state. If there is no site manager your request for access will go directly to your state to review: State contacts list. The state can remove the permissions of the absent site manager and approve your request. Please note we highly recommend multiple site managers. 
  4. Once approved, complete the electronic signature agreement if you requested Site Management or Certifier for any module: How to complete the ESA. 

In addition, we have extensive help documentation for RCRAInfo WIETS.

Once you have registered in RCRAInfo, we strongly encourage you to review the RCRAInfo WIETS Training Courses, particularly the WIETS Import Notices course. The training courses can be found in RCRAInfo. Once you have followed the “Request access to this portal” link you can find the WIETS-related training by searching for “WIETS” under the Course Catalog tab under “All Courses”.  

I’m a U.S. importer. How do I get consent to import hazardous waste? 

U.S. importers (or TSDF, if acting as the U.S. importer) are responsible for submitting a notice to EPA proposing import of hazardous waste at least 60 days before the first shipment is expected to depart the foreign country of export in cases where that country does not control the shipment as an export of hazardous waste (40 CFR section 262.84(b)). For example, this scenario applies to U.S. importers of hazardous waste from U.S.-owned maquiladora facilities located in Mexico. Refer to the information addressing imports from U.S. maquiladoras below. Otherwise, EPA expects to receive an export notice submitted by the foreign exporter from the foreign competent authority of the exporting country. Import notices should be submitted using EPA’s RCRAInfo Waste Import Export Tracking System (WIETS) which can be accessed through RCRAInfo.

Import Shipments from U.S.-owned Maquiladora Facilities in Mexico

I receive RCRA hazardous waste import shipments from U.S.-owned maquiladora facilities located in Mexico. Do I need to have consent to receive these shipments?

Yes. All imports of RCRA hazardous waste must have EPA consent, including those hazardous wastes managed under the alternate standards of 40 CFR Part 266 or the universal waste standards of 40 CFR Part 273. 
 
In cases where the country of export does not regulate the shipment as a hazardous waste export, the U.S. importer is required to submit an import notice to EPA directly using RCRAInfo WIETS. Mexico regulates shipments from U.S.-owned maquiladora facilities to the U.S. as returns of hazardous waste, so U.S. importers must submit import notices to EPA in order to obtain consent for maquiladora shipments. 

Manifest Requirements - Imports

Can a foreign broker sign a hazardous waste manifest?

Foreign brokers can sign the manifest if they meet certain requirements. The regulations for imports of hazardous waste allow the importer or the importer's agent to sign the RCRA generator certification statement on the manifest in place of the generator (40 CFR section 262.84(c)(1)). The only requirement for an agent signing the manifest is that the agent must be legally affiliated with the U.S. importer’s EPA identification number used on the manifest. The broker could sign the manifest certification only if the broker's company has an EPA identification number (requiring a U.S. address) or the broker is legally related to the importer (e.g., a subsidiary). A broker signing as an agent because of a legal relation to the importer must provide the U.S. address and the U.S. EPA identification number of the importer on the manifest.[2] 

What import consent documentation must be added to the RCRA manifest?

Under  40 CFR section 264.71(a)(3) and  40 CFR section 265.71(a)(3), the U.S. treatment, storage and disposal facility (TSDF) receiving a RCRA manifested hazardous waste shipment from a foreign source is required to add the relevant consent number from consent documentation supplied by EPA to the TSDF for each waste listed on the manifest, matched to the relevant list number for the waste, and send a copy of the manifest within thirty (30) days of delivery to the e-Manifest system per 40 CFR section 264.71(a)(2)(v). You can find the relevant EPA Consent Number for each waste stream on the notice in the Table on page 2 of the EPA Consent Letter that EPA sends to the U.S. importers and receiving facilities listed in the notice. The EPA Consent Letter will clearly identify the waste stream, the specific foreign source, and the allowable time period and maximum quantity of waste.  

What facilities are subject to the import consent documentation requirements?

Only facilities that are required to submit to EPA copies of RCRA manifests for import shipments under 40 CFR section 264.71(a)(3) or 40 CFR section 265.71(a)(3), or the state equivalent to those requirements, are subject to import consent documentation requirements. 

How can facilities obtain documentation confirming EPA’s consent?

EPA issues a Consent Letter to the U.S. importer and all U.S. receiving facilities listed in the notice when we inform the country of export or the U.S. importer that the import is allowed. The EPA Consent Letter serves as EPA’s import consent documentation for the shipments and can be accessed in RCRAInfo WIETS.  

Will I always get consent documentation from EPA prior to receiving a RCRA manifested hazardous waste import shipment?

Under normal circumstances you should receive consent documentation from EPA, but some examples of when you would not receive consent documentation from EPA are: 

  • Incorrect contact information was listed for your facility in the notice by either the foreign exporter or the U.S. importer, or 

  • Your facility agreed to recover or dispose of a single import shipment that was rejected by the receiving facility listed in the consent documentation. 

  • Your facility agreed to recover or dispose of a returned export shipment that was rejected by the foreign receiving facility. 

What should I do if I receive a RCRA manifested hazardous waste import shipment that I cannot match with any of the import consent documentation provided by EPA?

As explained in the previous question, there are a number of limited situations under which your facility would not receive consent documentation from EPA.

If an import shipment of RCRA hazardous waste from a foreign location arrives at your facility accompanied by a RCRA manifest that you cannot match to any the EPA ID numbers that list your site as the receiving facility-provided import consent documentation, and the manifest does not list any consent information, you should first check the RCRA manifest to determine whether the shipment was initially rejected by the original designated facility. If the shipment was initially rejected by a U.S. receiving facility, you should contact the original designated facility or the listed U.S. importer to obtain a copy of the EPA-provided consent documentation so that you can add a statement documenting that the shipment was originally imported under import waste stream consent number ######I#####, with original manifest tracking number #############, was rejected by the original receiving facility and that your site agreed to recover or dispose of the rejected hazardous waste as an alternate facility per 40 CFR section 264.12(a)(3).

If the shipment was initially rejected by a foreign receiving facility, there should be a statement documenting that the shipment is a return that was originally exported under export waste stream consent number ######E#####, with original manifest tracking number #############, was rejected by the foreign receiving facility and that your site agreed to recover or dispose of the rejected hazardous waste as an alternate facility per 40 CFR section 264.12(a)(3). If the shipment was not initially rejected, you should immediately contact the listed U.S. importer to obtain a copy of the consent documentation. If you cannot obtain consent documentation from the original designated facility or the importer listed in block 5 of the manifest, you should contact EPA at RCRANotifications@epa.gov to notify the agency of an import shipment that has arrived at your facility without EPA’s consent that needs alternate management consistent with 40 CFR section 262.84(f)(4)(i). You should also notify your state agency of the shipment that has arrived without EPA’s consent. 

Land Disposal Restrictions

Do the land disposal restrictions (LDR) apply to waste after it is imported into the United States?

If a characteristic waste is decharacterized prior to entering the United States and is not otherwise hazardous, the waste is not subject to the LDR treatment standards or paperwork requirements in in 40 CFR Part 268. Although the land disposal restrictions attach at the point a hazardous waste is generated, the RCRA regulations can only apply to parties in the United States. When hazardous waste is imported from Canada, the U.S. importer must comply with all applicable RCRA requirements, including the hazardous waste identification procedures for generators found in 40 CFR section 262.11. If the importer finds that the waste is not hazardous at the point it enters the United States, the LDR requirements do not apply to the waste. On the other hand, importers of hazardous waste must comply with all applicable RCRA requirements, including LDR and the special requirements for importers of hazardous waste.

Shipments from U.S. Territories

Are imports from U.S. territories subject to importing requirements?

Shipments of hazardous waste from U.S. territories, such as the island of Midway, are not subject to import regulations because they are not imported from a foreign country.[3] On the other hand, if a hazardous waste is imported from a U.S. military base located in another country, import regulations will apply.

Do international sea carriers need EPA ID numbers to transport hazardous waste generated in a U.S. territory to a U.S. State for management? 

RCRA transportation requirements apply to hazardous waste shipments from U.S. Territories to a U.S. State, so if the hazardous waste is subject to RCRA manifesting requirements, an international sea carrier would need to comply with the RCRA transporter requirements in 40 CFR Part 263, including obtaining an EPA ID number and signing the RCRA manifest.  

Counting Import Shipments Towards Generator Status

Who is responsible for counting import quantities of hazardous waste?

It is the responsibility of a hazardous waste importer to carry out all normal RCRA generator requirements. As part of complying with Part 262, the importer must count the imported waste quantity along with any domestically generated waste quantity towards the monthly quantity total used in determining its RCRA generator status. [12] 

Importers of hazardous waste are subject to the generator requirements in Part 262. However, when more than one person is involved in the importation of hazardous waste who must comply with the generator responsibilities?

The U.S. importer must comply with the generator requirements. Where more than one person falls within the scope of the definition of an importer, all parties involved with the importation of hazardous waste can be held jointly and severally liable for compliance with the generator requirements in Part 262 [7]. However, we recommend that one of the parties assume the generator responsibilities on behalf of all parties.  EPA encourages such agreements and will look to the designated party to perform all of the generator responsibilities.  However, EPA reserves the right to enforce against any of the parties if the requirements of Part 262 are not adequately met [8]. [2] [9] 

Frequent Questions about Hazardous Waste Export Topics

Transit Shipments

Is it necessary to comply with the export notification requirements if shipments of hazardous waste must be transported through a foreign country to a U.S. territory or another State?

If a waste is transported from a U.S. territory or State to a second U.S. territory or State via another country, the export requirements do not apply because the designated facility is not in a foreign country. If the waste simply passes through a foreign country, RCRA does not require that transit countries be notified.[4] However, the exporter should be aware of and comply with any requirements imposed by the transit countries' laws. For example, shipments starting in Alaska and transiting Canada en route to a facility in Nebraska need to comply with Canadian transit permit requirements.

International Sea Carriers and Import Shipments 

Do international sea carriers delivering foreign hazardous waste shipments to a U.S. seaport need EPA ID numbers? 

No. International sea carriers carrying hazardous waste generated in the country of export are not required to obtain EPA ID numbers or to carry RCRA manifests so long as the hazardous waste that it delivers to a U.S. seaport (of entry) remains on board on the carrier until it is offloaded. But international sea carriers do need to comply with the contract requirements that apply to foreign transporters in 40 CFR sections 262.84(f)(2)(ii), 262.84(f)(3), 262.84(f)(4)(i), and 262.84(f)(7). [10, 11] 

EPA Identification Number Requirements - Exports

I arrange for exports of hazardous waste as a recognized trader. How do I obtain an EPA ID Number? 

You need to fill out and submit EPA Form 8700-12. Instructions on how to access EPA Form 8700-12 and where to submit it are available at How Hazardous Waste Generators, Transporters, and Treatment, Storage and Disposal Facilities Can Obtain EPA Identification Numbers. 

Notification Requirements

How do I submit an export notice?

All hazardous waste export notices and CRT export notices for recycling must be submitted electronically using EPA’s RCRAInfo Waste Import Export Tracking System (WIETS). U.S. exporters and notice preparers need to be registered in RCRAInfo to access the WIETS application in RCRAInfo. 

How do U.S. exporters access RCRAInfo WIETS? 

U.S. exporters need to register in RCRAInfo and request access to the WIETS application from their RCRAInfo account. 

To access RCRAInfo WIETS, you will need to be registered in RCRAInfo and will need to request access to the WIETS application once you have a RCRAInfo account. Each user should create their own RCRAInfo industry account in their name and follow these steps to gain access to their facility ID(s): 

  1. Create your own RCRAInfo industry user account: How to create an account. 
  2. Request either WIETS permissions or Site Manager permissions to your facility ID: How to request site access.
  3. If there is an existing site manager your request will go to them to review. If they are unavailable, please contact your state. If there is no site manager your request for access will go directly to your state to review: State contact list. The state can remove the permissions of the absent site manager and approve your request. Please note we highly recommend multiple site managers. 
  4. Once approved, complete the electronic signature agreement if you requested Site Management or Certifier for any module: How to complete the ESA. 

In addition, we have extensive help documentation for RCRAInfo WIETS.

Once you have registered in RCRAInfo, we strongly encourage you to review the RCRAInfo WIETS Training Courses, particularly the WIETS Export Notices and WIETS Annual Report courses. The training courses can be found in RCRAInfo. Once you have followed the “Request access to this portal” link you can find the WIETS-related training by searching for “WIETS” under the Course Catalog tab under “All Courses”.  

I prepare export notices for a U.S. exporter. How can I access RCRAInfo WIETS?

Notice preparers should follow the steps above, but request “WIETS Preparer” in Step 2. Your request will be routed to either the current Site Manager or the State to review and approve.  

What happens if the name or management of the ultimate foreign recycling or disposal destination facility designated on the notification of intent to export changes?

In this case, the exporter must obtain consent reflecting the new name by completing a new notification reflecting the new name.

What happens if you want to change any of the required information on a notification (e.g., foreign recycling or disposal facility, ports, transporters, increases to consented quantity)?

To make any changes to required information on a consented export notification, the exporter must submit a new notification of intent to EPA and obtain consent to the changes prior to shipment (40 CFR section 262.83(b)(4))).  

Export Shipment Returns

What happens if a hazardous waste shipment is exported and subsequently returned to the United States?

If a waste shipment is rejected by the foreign receiving facility and must be returned to the United States, the exporter must file the exception report with EPA’s Office of Land and Emergency Management (OLEM) at the email address specified below (refer to 40 CFR section 262.83(h)) within thirty (30) days of receiving a notification concerning the need to return the export shipment, or one (1) day prior to the date the return shipment commences, whichever is sooner (refer to 40 CFR 262.83(h)(1)(iii)). Exception reports should be emailed to RCRANotifications@epa.gov.

Because the exporter is responsible for finding a U.S. TSDF to manage the rejected manifested export shipment and bringing the rejected export shipment back to the U.S. under 40 CFR section 262.83(e), the exporter is responsible for ensuring that a RCRA manifest accompanies the return shipment from at least the port of entry to the U.S. TSDF. To make it clear that it is a return shipment, the RCRA manifest should list in the special handling block that it is a “return of an export shipment originally exported under export waste stream consent number ######E#####, with original manifest tracking number #############”, to link it back to the original export consent and export manifest. The import requirements in 40 CFR section 262.84 would not apply to the return shipment. 

Export Annual Report Requirements

Is an Annual Report required for exporters that do not ship any hazardous waste during a calendar year?

Exporters are required to submit an export annual report electronically to EPA using EPA's RCRAInfo Waste Import Export Tracking System (WIETS) no later than March 1 of each year summarizing the types, quantities, frequency, and ultimate destination of all such hazardous waste exported during the previous calendar year. If the exporter did not ship any hazardous waste after having obtained consent to export certain hazardous wastes, the exporter should submit an export annual report noting that the quantity shipped under the issued consent(s) was zero. 

We strongly encourage you to review the RCRAInfo WIETS Training Courses, particularly the WIETS Annual Report course. The training courses can be found in RCRAInfo. Once you have followed the “Request access to this portal” link you can find the WIETS-related training by searching for “WIETS” under the Course Catalog tab under “All Courses”.  

At what time is a waste considered exported for the purposes of filling out the annual report?

A waste is "exported" when it leaves the United States, as documented by the last transporter carrying the hazardous waste in the U.S. signing and dating the manifest to indicate the date that the shipment has left the United States or has been delivered to a seaport of exit for loading onto an international carrier (refer to 40 CFR section 263.20(g)(1)), not when the manifest is initiated. For example, if an exporter signs a manifest in 2024 for a waste to be exported, but the waste does not leave the country until 2025, the shipment would be reported on the 2025 annual report which is due on March 1, 2026. 

Manifest Requirements - Exports

Where can exporters find the waste stream consent numbers that they are required to list on the manifest for each listed hazardous waste under 40 CFR section 262.83(c)(3)?

EPA’s Consent letter will list the waste stream consent numbers for each waste stream from the export notice. For your information, the waste stream consent number for each waste stream is a combination of the EPA notice ID number along with the waste stream number from the notice. The waste stream consent number is the first six digits of the EPA notice ID number, followed by “E”, followed by the last two digits of the EPA notice ID number, followed by the sequence number from the notice for the specific waste stream in question, padded out to three digits. 

For example, if an EPA notice ID number is “000373/12E/24,” the waste stream consent number for the third waste stream listed in the example notice would be “000373E24003”. 

Land Disposal Restrictions

Are exporters of hazardous waste subject to land disposal restrictions (LDR)?

The requirements of Part 268 are applicable to all hazardous wastes (40 CFR section 268.1(b)) unless specifically provided otherwise in Part 261 or Part 268. Neither Part 261 nor Part 268 categorically excludes exported hazardous wastes from the LDR requirements. Therefore, the LDR notification requirements are applicable while these hazardous wastes remain in the United States. However, the hazardous wastes to be exported would not have to meet the LDR treatment standards prior to disposal in another country.[6]

Temporary Storage of Export Shipments

If I receive a hazardous waste from the generator, can I store that waste prior to shipping it to a foreign destination facility without getting a RCRA storage permit?

If the waste is stored for 10 days or less at a transfer facility meeting the requirements of 40 CFR section 262.30 prior to being exported, the facility should not need to get an EPA ID number and a storage permit unless required by more stringent authorized state regulations. The facility should check with their authorized state agency.

International Sea Carriers and Export Shipments 

Do international sea carriers picking up hazardous waste export shipments at a U.S. seaport need EPA ID numbers? 

No. International sea carriers are not required to obtain EPA ID numbers or to carry RCRA manifests so long as the hazardous waste that it picks up at the U.S. seaport (of exit) remains on board on the carrier until it is offloaded, either to transfer to another carrier in a transit country or upon arrival at the importing country. But international sea carriers do need to comply with the contract requirements that apply to foreign transporters in 40 CFR sections 262.83(f)(2)(ii), 262.83(f)(3)(i), and 262.83(f)(8). [10, 11] 

Sources

  1. Monthly Hotline Report Question; August 1992
  2. Monthly Hotline Report Question; March 1995
  3. Monthly Hotline Report Question; January 1998
  4. Monthly Hotline Report Question; March 1995
  5. Memo, Cotsworth to Prior; February 16, 2000
  6. Memo, Lowrance to Levy; April 23, 1991
  7. Memo, Shapiro to Ouellete; March 22, 1994
  8. Memo, Skinner to Seraydarian; June 25, 1985
  9. Monthly Call Center Report Question; January 1995
  10. Memo, Cotsworth to Huffman; April 17, 2002
  11. Memo, Johnson to Currie; February 11, 2019
  12. Devlin and Jones to Importers and Receiving Facilities; March 1, 2016

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Last updated on May 15, 2025