RCRA REVISION CHECKLIST 31

Exports of Hazardous Waste
51 FR 28664-28686
August 8, 1986
(HSWA Cluster I)

Special notes:  (1) States cannot assume the authority to receive "Notifications of Intent to Export."  In addition, States are not authorized to transmit such information to foreign countries through the Department of State or to transmit "Acknowledgments of Consent" (see 51 FR 28678 for further clarification and the instructions for Appendix J of the Revised SCRAM).  (2) Hazardous wastes, identified or listed by the State as part of its authorized program which are broader in scope (not in the Federal universe), are not subject to the export regulations.  (3) EPA moved the farmer exemption from §262.50 to §262.70 in this checklist.  However, the Agency failed to modify a number of other sections in the CFR which refer to the farmer exemption by section.  This is subsequently corrected in Revision Checklist 48 (53 FR 27164, July 19, 1988).  States are encouraged to simultaneously modify their code to reflect both the modification of the farmer exemption addressed by this checklist and the technical corrections addressed in Checklist 48.
	STATE ANALOG IS:
		     ANALOGOUS	  EQUIV-	   MORE	BROADER
   FEDERAL REQUIREMENT     | 	FEDERAL RCRA CITATION    |	   STATE CITATION	| ALENT  |	STRINGENT |	IN SCOPE	

PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A - GENERAL

SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY 
CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS	 
U.S. location of
treatment or disposal	261.5(f)(3)	
U.S. location of
treatment or disposal	261.5(g)(3)	

REQUIREMENTS FOR RECYCLABLE MATERIALS	 
export of industrial
ethyl alcohol	261.6(a)(3)(i)	

PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

SUBPART D - RECORDKEEPING AND REPORTING

BIENNIAL REPORT	 
applicable to U.S.
shipments	262.41(a)	
information on
U.S. sites	262.41(a)(3)	
transporters used
for U.S. shipments	262.41(a)(4)	
description and 
quantity of U.S.
shipments	262.41(a)(5)	
separate annual
report for exports	262.41(b)	

SUBPART E - EXPORTS OF HAZARDOUS WASTE

APPLICABILITY	 
establishes
applicability	262.50	

DEFINITIONS	 

"consignee"	262.51	
"EPA Acknowledgment
of Consent"	262.51	

"primary exporter"	262.51	

"receiving country"	262.51	

"transit country"	262.51	

GENERAL REQUIREMENTS	 

notification	262.52(a)	
consent of
receiving country	262.52(b)	
EPA Acknowledgment 
of Consent	262.52(c)	
conformation
to terms	262.52(d)	

NOTIFICATION OF INTENT TO EXPORT	 
contents of
notification	262.53(a)	

office to notify	262.53(b)	
changes in original
notification	262.53(c)	

additional information	262.53(d)	
EPA notification
to receiving and
transit countries	262.53(e)	
EPA notification to
primary exporter	262.53(f)	

SPECIAL MANIFEST REQUIREMENTS	 

consignee	262.54(a)	

alternate consignee	262.54(b)	

point of departure	262.54(c)	
item 16 of
manifest	262.54(d)	

obtaining manifest	262.54(e)	
acknowledgment of
receipt by consignee	262.54(f)	
procedures when 
unable to deliver	262.54(g)	

copy of Consent	262.54(h)	
manifest copy to 
Customs Official
at Border	262.54(i)	

EXCEPTION REPORTS	 
manifest within
45 days	262.55(a)	
confirmation within
90 days	262.55(b)	

returned waste	262.55(c)	

ANNUAL REPORTS	 

contents	262.56(a)	

office filed with	262.56(b)	

RECORDKEEPING	 
length to keep
records	262.57(a)	
retention period
extension	262.57(b)	
INTERNATIONAL AGREEMENTS	 
new section
reserved	262.58	

SUBPART F - IMPORTS OF HAZARDOUS WASTE

IMPORTS OF HAZARDOUS WASTE	 

applicability	262.60(a)	

manifest requirements	262.60(b)	

obtaining manifest	262.60(c)	

SUBPART G - FARMERS

FARMERS	 
provisions for
variance	262.70	

APPENDIX TO PART 262

UNIFORM HAZARDOUS WASTE MANIFEST AND INSTRUCTIONS
   (EPA Forms 8700-22 and 8700-22A)	 
uniform manifest
instructions 8700-22	Appendix	

PART 263 - TRANSPORTERS

SUBPART B - COMPLIANCE WITH THE MANIFEST AND RECORDKEEPING

THE MANIFEST SYSTEM	 
conditions for
accepting
exported waste	263.20(a)	
EPA Acknowledgment
of Consent	263.20(c)	
variance for
water transporters	263.20(e)(2)	
variance for
rail transporters	263.20(f)(2)	
copy to generator	263.20(g)(3)	
copy to Custom
official	263.20(g)(4)