R315-262-82. Transboundary Movements of Hazardous Waste for Recovery or Disposal -- General Conditions

  (a) Scope. The level of control for exports and imports of waste is indicated by assignment of the waste to either a list of wastes subject to the Green control procedures or a list of wastes subject to the Amber control procedures and whether the waste is or is not hazardous waste. The OECD Green and Amber lists are incorporated by reference in Section R315-260-11.

  (1) Green list wastes.

  (i) Green wastes that are not hazardous wastes are subject to existing controls normally applied to commercial transactions, and are not subject to the requirements of Sections R315-262-80 through 84.

  (ii) Green wastes that are hazardous wastes are subject to the requirements of Sections R315-262-80 through 84.

  (2) Amber list wastes.

  (i) Amber wastes that are hazardous wastes are subject to the requirements of Sections R315-262-80 through 84, even if they are imported to or exported from a country that does not consider the waste to be hazardous or control the transboundary shipment as a hazardous waste import or export.

  (A) For exports, the exporter shall comply with Section R315-262-83.

  (B) For imports, the recovery or disposal facility and the importer shall comply with Section R315-262-84.

  (ii) Amber wastes that are not hazardous wastes, but are considered hazardous by the other country are subject to the Amber control procedures in the country that considers the waste hazardous, and are not subject to the requirements of Sections R315-262-80 through 84. All responsibilities of the importer or exporter shift to the foreign importer or foreign exporter in the other country that considers the waste hazardous unless the parties make other arrangements through contracts.

  Note to Subsection R315-262-82(a)(2): Some Amber list wastes are not listed or otherwise identified as hazardous under RCRA, and therefore are not subject to the requirements of Sections R315-262-80 through 84. Regardless of the status of the waste under RCRA, however, other Federal environmental statutes, for example, the Toxic Substances Control Act, restrict certain waste imports or exports. Such restrictions continue to apply with regard to Sections R315-262-80 through 84.

  (3) Mixtures of wastes.

  (i) A Green waste that is mixed with one or more other Green wastes such that the resulting mixture is not hazardous waste is not subject to the requirements of Sections R315-262-80 through 84.

  Note to Subsection R315-262-82(a)(3)(i): The regulated community should note that some countries may require, by domestic law, that mixtures of different Green wastes be subject to the Amber control procedures.

  (ii) A Green waste that is mixed with one or more Amber wastes, in any amount, de minimis or otherwise, or a mixture of two or more Amber wastes, such that the resulting waste mixture is hazardous waste is subject to the requirements of Sections R315-262-80 through 84.

  Note to Subsection R315-262-82(a)(3)(ii): The regulated community should note that some countries may require, by domestic law, that a mixture of a Green waste and more than a de minimis amount of an Amber waste or a mixture of two or more Amber wastes be subject to the Amber control procedures.

  (4) Wastes not yet assigned to an OECD waste list are eligible for transboundary movements, as follows:

  (i) If such wastes are hazardous wastes, such wastes are subject to the requirements of Sections R315-262-80 through 84.

  (ii) If such wastes are not hazardous wastes, such wastes are not subject to the requirements of Sections R315-262-80 through 84.

  (b) General conditions applicable to transboundary movements of hazardous waste.

  (1) The hazardous waste shall be destined for recovery or disposal operations at a facility that, under applicable domestic law, is operating or is authorized to operate in the country of import;

  (2) The transboundary movement shall be in compliance with applicable international transport agreements; and Note to Subsection R315-262-82(b)(2): These international agreements include, but are not limited to, the Chicago Convention (1944), ADR (1957), ADNR (1970), MARPOL Convention (1973/1978), SOLAS Convention (1974), IMDG Code (1985), COTIF (1985), and RID (1985).

  (3) Any transit of hazardous waste through one or more countries shall be conducted in compliance with all applicable international and national laws and regulations.

  (c) Duty to return wastes subject to the Amber control procedures during transit through the United States. When a transboundary movement of hazardous wastes transiting the United States and subject to the Amber control procedures does not comply with the requirements of the notification and movement documents or otherwise constitutes illegal shipment, and if alternative arrangements cannot be made to recover or dispose of these wastes in an environmentally sound manner, the waste shall be returned to the country of export. The U.S. transporter shall inform EPA at the specified mailing address in Subsection R315-262-82(e) of the need to return the shipment. EPA will then inform the competent authority of the country of export, citing the reason(s) for returning the waste. The U.S. transporter shall complete the return within ninety (90) days from the time EPA informs the country of export of the need to return the waste, unless informed in writing by EPA of another timeframe agreed to by the concerned countries.

  (d) Laboratory analysis exemption. Export or import of a hazardous waste sample is exempt from the requirements of Sections R315-262-80 through 84 if the sample is destined for laboratory analysis to assess its physical or chemical characteristics, or to determine its suitability for recovery or disposal operations, does not exceed twenty-five kilograms (25 kg) in quantity, is appropriately packaged and labeled, and complies with the conditions of Subsection R315-261-4(d) or (e).

  (e) EPA Address for submittals by postal mail or hand delivery. Submittals required in Sections R315-262-80 through 84 to be made by postal mail or hand delivery should be sent to the following addresses:

  (1) For postal mail delivery, the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460.

  (2) For hand-delivery, the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, Environmental Protection Agency, William Jefferson Clinton South Bldg., Room 6144, 12^th St. and Pennsylvania Ave., NW., Washington, DC 20004.