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

Under the Export-Import Revisions final rule that becomes effective on December 31, 2016, importers and receiving facilities managing imports of hazardous waste with a consent issued by EPA prior to December 31, 2016 can continue to comply with the requirements listed in the consent documentation or Acknowledgement of Consent letter until the 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 importer’s and receiving facility’s convenience. The table below summarizes the major requirements with which these importers and receiving facilities will need to comply.

PLEASE NOTE - Receiving facilities receiving import shipments under previously issued consents will have to comply with one new requirement: listing consent numbers for each waste on the RCRA manifest instead of attaching a copy of the relevant consent documentation to the RCRA manifest prior to submitting it to EPA (see highlighted item below).

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

Origin of Shipment

Applies to shipments from OECD Member countries, or shipments from 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)

Overview of Previous Requirements

Per previous 40 CFR Part 262 Subpart F Per previous 40 CFR Part 262 Subpart H

Contracts

Specifies the responsibilities of the foreign exporter, U.S. importer, and U.S. recovery facility
Not required Required for importers
per previous §262.85

Notice of Intent

U.S. importer notifies EPA of the intent to import hazardous waste in those cases in which the country of export does not control the waste as an export of hazardous waste
Not required Required for importer
per previous §262.82(a)(2)(ii)(B)

Consent Documentation

Acknowledges EPA’s written consent back to the country of export or the U.S. importer that the proposed management complies with U.S. laws, and describes the terms and conditions of EPA’s consent
Sent to receiving facilities when EPA consents back to country of export; supplies consent numbers to match to listed hazardous wastes on manifest per new §264.71(a)(3)(i); §265.71(a)(3)(i) Sent to receiving facilities when EPA consents back to country of export or U.S. importer; supplies consent numbers to match to listed hazardous wastes on manifest per new §264.71(a)(3)(i); §265.71(a)(3)(i)

RCRA Manifest

Contains information on the type and quantity of waste transported, and instructions for handling waste; accompanies import shipment from entry port/border crossing in the United States) to final management (i.e., recycling or disposal)

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

Required for importers
§262.20; per previous §262.60

Not required for imports of universal waste (§273.52) or spent-lead acid batteries (§266.80)

Required for TSDFs
per new §264.71(a)(3); §265.71(a)(3)

Required for importers
§262.20; per previous §262.60

Not required for imports of universal waste (§273.52) or spent-lead acid batteries (§266.80)

Required for TSDFs
per new §264.71(a)(3); §265.71(a)(3)

International Movement Document

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

Notification of Need to Arrange Alternate Management or Return of Hazardous Waste Import Shipment

Informs EPA, and foreign exporter of the need to arrange alternate management or return of an import shipment.
Not required Required for U.S. importers per previous §262.82(d)(1)

Exception Reports

Submit exception reports if the shipment delayed, lost, or partially or wholly rejected by the U.S. receiving facility
Required for importers under circumstances specified in §262.42 Required for importers under circumstances specified in §262.42

Packaging, Labeling, Marking, and Placarding

Contains instructions for packaging, labeling, marking and placarding hazardous waste for shipment. Importer is responsible for ensuring compliance with these requirements prior to public transportation of the import shipment within the United States
Required for importers
§262.30-262.33
Required for importers
§262.30-262.33

Confirmation of Receipt

TSDF must add relevant consent numbers matched to listed hazardous wastes to manifest, and send copy of signed RCRA manifest to EPA's International Compliance Assurance Division within 30 days of shipment delivery until the facility can send the paper manifest to the e-Manifest system.

TSDF or recovery facility must send copies of international movement document to EPA, the country of export, any countries of transit, and the foreign exporter within three days of receipt of shipment.

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

Movement document 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 for importers per previous §262.83(e)

Required for TSDFs or recovery facility per previous §262.83(e); previous §264.12(a)(2); previous §265.12(a)(2)

Reporting

Submit biennial reports to EPA

Required for TSDFs
§264.75; §265.75

Required for importers that are large quantity generators (LQGs)
§262.41

Required for TSDFs
§264.75; §265.75

Required for importers that are large quantity generators (LQGs)
§262.41

Recordkeeping

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

Required for importers
§262.40

Required for TSDFs
§264.74; §265.74

Required for importers
§262.40; per previous §262.85(g); per previous §262.87(c)

Required for TSDFs
§264.74; §265.74

Required for recovery facility
per previous §264.12

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