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Resource Conservation and Recovery Act (RCRA) Requirements for Previously Consented Exports of Hazardous Waste

Under the Export-Import Revisions final rule that became effective on December 31, 2016, exporters with an Acknowledgement of Consent (AOC) letter issued prior to December 31, 2016 can continue to comply with the requirements listed in their AOC letter until their consent expires. EPA has placed a copy of all export and import related regulatory text in the docket to the final rule (EPA-HQ-RCRA-2015-0147), and is providing a link to the previous language in Title 40 of the Code of Federal Regulations (CFR) Part 262 for the exporter’s convenience. The table below summarizes the major requirements with which these exporters will need to comply.

PLEASE NOTE - Exporters with previously issued consents will have to comply with two new requirements: (1) listing consent numbers for each waste on the RCRA manifest, and (2) converting from a paper process to an electronic process at the border (see highlighted items below).

Requirement Exports from Canada, Chile, Mexico, or non-OECD countries
40 CFR Part 262 Subparts A-D, and previous E
Exports for Recovery from OECD Countries Listed in 40 CFR Section
262.58(a)(1) 40 CFR Part 262, Subparts A-D, previous E and previous H

Destination of Shipment

Applies to shipments to OECD Member countries, or shipments to Canada, Chile, Mexico or non-OECD Member countries

From Canada, Chile, Mexico, or non-OECD Member countries From OECD Member countries other than Canada, Chile or Mexico per previous §262.58(a)(1)
Requirements in effect at time of consent Per previous 40 CFR 262 Subpart E Per previous 40 CFR 262 Subpart H

Contracts

Specifies the responsibilities of the U.S. exporter and foreign recovery facility

Not required Required per previous §262.85

Notice of Intent

Notifies EPA of the intent to export hazardous waste

Required per previous §262.53 Required per previous §262.83

Acknowledgement of Consent

EPA letter documenting the written consent of the receiving country to accept hazardous waste and describing the terms and conditions of consent

Required per previous §262.53(c) Consent required per previous §262.83

Electronic Export Information (EEI)

Additional RCRA items as part of the Electronic Export Information submitted for each export shipment to the Automated Export System (AES) under the International Trade Data System (ITDS)

Optional until AES filing compliance date; required thereafter

Per new §262.83(a)(6)

Optional until AES filing compliance date; required thereafter

Per new §262.83(a)(6)

RCRA Manifest

Contains information on the type and quantity of waste transported and instructions for handling waste and accompanies shipment from origin to port of exit or border crossing

Must additionally list consent numbers for each waste on manifest as of December 31, 2016

Use of manifest required
§262.20 – 262.23; previous §262.54

Listing of consent numbers on manifest required per new §262.83(c)(3)

Use of manifest required
§262.20 – 262.23; previous §262.84(c); previous §262.54(a)-(c), (e), (i)

Listing of consent numbers on manifest required per new §262.83(c)(3)

International Movement Document

Includes information about the shipment, recovery facility, and transporters and accompanies the waste from origin to foreign recovery facility
Not required Required per previous §262.84

Confirmation of Receipt

Exporter must require destination facility to confirm delivery of the hazardous waste to that destination facility

Required per previous §262.54(f) Required per previous §262.84(a)-(b)

Exception Report

Submit exception reports if shipment is delayed, lost, or returned to the United States

Required under circumstances specified in previous §262.55 Required under circumstances specified in previous §262.87(b)

Certificate of Recovery

Affirms that the waste materials were recovered in the manner specified in the contract

Not required

Manifest Confirmation of Receipt Required for TSDFs
per new §264.71(a)(3); §265.71(a)(3)

Movement document confirmation of receipt required for TSDFs or recovery facilities
per previous §262.84(e); previous §264.12(a)(2); previous §265.12(a)(2); previous §264.71(d); previous §265.71(d)

Certificate of Recovery

TSDF or recovery facility must send to EPA, the country of export, and the foreign exporter to affirm that the waste materials were recovered in the timeframe and manner specified in the contract
Not required

Required per previous §262.83(e)

Annual Reporting

Submit annual reports by March 1 of each year

Required per previous §262.56

Required per previous §262.87(a)

Recordkeeping

Maintain business records for a specified period of time to be provided upon request

Required per previous §262.57

Required per previous §262.87(c); previous §262.85(g)

Note: "§" is used on this webpage to refer to a section in title 40 of the Code of Federal Regulations (e.g., §265.85 refers to 40 CFR section 265.85 or title 40, part 265, section 85).

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