Hazardous waste may only be exported to countries within the EU and OECD. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR.
(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 this subpart. (5) D5 Specially engineered landfill, such as placement into lined discrete cells which are capped and isolated from one another and the environment. More information is available in Article 18 of Regulation (EC) No 1013/2006. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. (8) Upon request by EPA, the exporter must furnish to EPA any additional information which the country of import requests in order to respond to a notification. Original of a financial guarantee document. The annual report must include all of the following paragraphs (g)(1) through (6) of this section specified as follows: (1) The EPA identification number, name, and mailing and site address of the exporter filing the report; (2) The calendar year covered by the report; (3) The name and site address of each foreign receiving facility; (4) By foreign receiving facility, for each hazardous waste exported: (i) A description of the hazardous waste; (ii) The applicable EPA hazardous waste code(s) (from 40 CFR part 261, subpart C or D) for each waste; (iii) The applicable waste code from the appropriate OECD waste list incorporated by reference in 40 CFR 260.11; (v) The name and U.S. EPA ID number (where applicable) for each transporter used over the calendar year covered by the report; and. The recovery and disposal operations in this paragraph are defined in 262.81. (EPA provides a list of OECD Member countries at https://www.epa.gov/hwgenerators/international-agreements-transboundary-shipments-waste).
(a) General export requirements. It is the responsibility of the exporter to ascertain and comply with such requirements; in some cases, persons or facilities located in those OECD Member countries or other foreign countries may refuse to enter into the necessary contracts absent specific references or certifications to financial guarantees. Our processing time for waste shipments within the EU or OECD is no more than 30 days from the date the authority in the recipient country has confirmed that the notification process has been completed. (xv) The receiving facility must send a copy of the signed movement document to confirm receipt within three working days of shipment delivery to the foreign exporter, to the competent authorities of the countries of export and transit, and for shipments received on or after the electronic import-export reporting compliance date, to EPA electronically using EPA's Waste Import Export Tracking System (WIETS), or its successor system. This content is from the eCFR and is authoritative but unofficial. If the receiving facility listed in paragraph (b)(1)(ii) of this section will engage in any of the interim recovery operations R12, R13, or RC3 or interim disposal operations D13 through D15, the notification submitted according to paragraph (b)(1) of this section must also include the final recovery or disposal facility name, address, telephone, fax numbers, email address, technologies employed, and which of the applicable recovery or disposal operations R1 through R11, RC1, and D1 through D12, will be employed at the final recovery or disposal facility. (ii) The person specified in the contract will assume responsibility for the adequate management of the hazardous wastes in compliance with applicable laws and regulations including, if necessary, arranging the return of the hazardous wastes and, as the case may be, shall provide the notification for re-export required in 262.83(b)(7). (ii) In place of the generator's signature on the certification statement, the importer or his agent must sign and date the certification and obtain the signature of the initial transporter. (8) R8 Recovery of components used from catalysts. Please do not provide confidential (6) A certification signed by the exporter that states: I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. (12) R12 Interim exchange of wastes before recycling using any of the recovery operation codes numbered R1 through R11 or RC1. Displaying title 40, up to date as of 7/27/2022. (2) Exporters may satisfy these recordkeeping requirements by retaining electronically submitted documents in the exporter's account on EPA's Waste Import Export Tracking System (WIETS), or its successor system, provided that copies are readily available for viewing and production if requested by any EPA or authorized state inspector. endstream endobj 1074 0 obj <>stream It may be necessary to notify the Swedish EPA of waste being shipped from Sweden and to obtain the Agencys approval before the shipment can be dispatched. A few things to think about when transporting waste across borders: A shipment of waste that is dispatched without the necessary approvals for transboundary waste shipment is considered an illegal shipment and may result in fines or imprisonment for the actor responsible. Let us know what you think by rating the page and answering a few questions.
The signed notification document and the original of a financial guarantee document should be sent to us as hard copy. Comments or questions about document content can not be answered by OFR staff. When a transboundary movement of hazardous wastes cannot be completed in accordance with the terms of the contract or the consent(s) and alternative arrangements cannot be made to recover or dispose of the waste in an environmentally sound manner in the country of import, the exporter must ensure that the hazardous waste is returned to the United States or re-exported to a third country. 
*=8} 2=*s}FTK]pl}ER3I33[{'\eP8*b;85_@{2q!pjFL|EbPFfK]P])?xokLdM#p(k?_ You need to determine which code applies to the specific waste treatment in your case according to the EC waste shipments regulation. For contracts that will be in effect on or after the electronic import-export reporting compliance date, the contracts must additionally specify that the foreign receiving facility send a copy to EPA at the same time using the allowable methods listed in paragraph (b)(1) of this section on or after that date. It must be signed by the notifier and recipient, as well as by the disposal or recovery facility to which the waste will be shipped. This is the number you will include in the Notification Document and Movement Document and in all correspondence with the Swedish EPA and other authorities regarding the shipment notification. The less supplemental information we need to request, the faster we can give you a decision on your waste shipment. result, it may not include the most recent changes applied to the CFR. When a transboundary movement of hazardous wastes cannot be completed in accordance with the terms of the contract or the consent(s), the provisions of paragraph (f)(4) of this section apply. Transboundary waste shipments are regulated by Regulation (EC) No 1013/2006 on shipments of waste, which is based on the Basel Convention and the OECD decision on the movements of waste. Also, fill out the template for the movement document (Annex 1B) but do not sign it. You can The other documents can be sent to us via the e-mail address inutavfall@naturvardsverker.se or sent as hard copies. The sender must sign a contract with the recipient of waste for recovery and be able to present it to the relevant supervisory authority. It is important to know if the waste will be processed in any way before it is recovered or disposed of (at a so-called interim facility). If this is the case, the interim facility must also sign the contract. The notification submission is reviewed and any necessarycomplementary information is requested, The notification is sent to the recipient country, The notification is reviewed by the recipient country, Confirmation is provided when the notification process is complete, Approval from the sender and recipient country. If the return shipment will cross any transit country, the return shipment may only occur after EPA provides notification to and obtains consent from the competent authority of the country of transit, and provides a copy of that consent to the importer. The recovery and disposal operations in this paragraph are defined in 262.81. (2) If the receiving facility performed any of recovery operations R12, R13, or RC3, or disposal operations D13 through D15, the receiving facility shall promptly send copies of the confirmation of recovery or disposal that it receives from the final recovery or disposal facility within one year of shipment delivery to the final recovery or disposal facility that performed one of recovery operations R1 through R11, or RC1 to RC2, or one of disposal operations D1 through D12, or DC1 to DC2, to the competent authority of the country of export, and for confirmations received on or after the electronic import-export reporting compliance date, to EPA electronically using EPA's Waste Import Export Tracking System (WIETS), or its successor system. Other countries' authorities involved in the approval must also accept the changes. Department of Transportation (DOT) ID number for each hazardous waste; (viii) Name (if not the foreign exporter), address, telephone, fax numbers, and email of the foreign company originating the shipment; (xii) Certification/declaration signed and dated by the foreign exporter that the information in the movement document is complete and correct; (xiii) Appropriate signatures for each custody transfer (e.g., transporter, importer, and owner or operator of the receiving facility); (xiv) Each person that has physical custody of the waste from the time the movement commences until it arrives at the receiving facility must sign the movement document (e.g., transporter, importer, and owner or operator of the receiving facility); and. (3) D3 Deep injection, such as injection into wells, salt domes or naturally occurring repositories. Such contracts or equivalent arrangements must be executed by the foreign exporter, importer, and the owner or operator of the receiving facility, and must specify responsibilities for each. If such needs arise, send an email to the Swedish Environmental Protection Agency: The notification number must be in the subject field of the email. (8) Contracts or equivalent arrangements must contain provisions requiring each contracting party to comply with all applicable requirements of this subpart. This means that the carrier can present the documents on mobile phone, tablet, laptop etc. Information on where you can appeal a decision in another country will be provided with that countrys decision. (10) R10 Land treatment resulting in benefit to agriculture or ecological improvement. (b) General conditions applicable to transboundary movements of hazardous waste. For contracts that will be in effect on or after the electronic import-export reporting compliance date, the contracts must additionally specify that the foreign facility send copies to EPA at the same time using the allowable method listed in paragraph (b)(1) of this section on or after that date. (6) D6 Release into a water body other than a sea or ocean, and other than by operation D4. (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 this subpart. (3) In the International Shipments block, the importer must check the import box and enter the point of entry (city and State) into the United States. Information on the country and the company the waste will be dispatched to, Contact person, contact details and invoice address. The OECD Green and Amber lists are incorporated by reference in 40 CFR 260.11. In cases where the competent authority of the country of export does not regulate the waste as hazardous waste and, thus, does not require the foreign exporter to submit to it a notification proposing export and obtain consent from EPA and the competent authorities for the countries of transit, but EPA does regulate the waste as hazardous waste: (1) The importer is required to provide notification in English to EPA of the proposed transboundary movement of hazardous waste at least sixty (60) days before the first shipment is expected to depart the country of export. You will receive a template for the Notification Document Annex IA and Movement Document Annex IB. (1) The exporter must file an exception report in lieu of the requirements of 262.42 (if applicable) with EPA if any of the following occurs: (i) The exporter has not received a copy of the RCRA hazardous waste manifest (if applicable) signed by the transporter identifying the point of departure of the hazardous waste from the United States, within forty-five (45) days from the date it was accepted by the initial transporter, in which case the exporter must file the exception report within the next thirty (30) days; (ii) The exporter has not received a written confirmation of receipt from the foreign receiving facility in accordance with paragraph (d) of this section within ninety (90) days from the date the waste was accepted by the initial transporter in which case the exporter must file the exception report within the next thirty (30) days; or. )w~e@\: FjfS"t%L{BMgb~wg\yd| (vi) The consent number(s) under which the hazardous waste was shipped, and for each consent number, the total amount of the hazardous waste and the number of shipments exported during the calendar year covered by the report; (5) In even numbered years, for each hazardous waste exported, except for hazardous waste produced by exporters of greater than 100kg but less than 1,000kg in a calendar month, and except for hazardous waste for which information was already provided pursuant to 262.41: (i) A description of the efforts undertaken during the year to reduce the volume and toxicity of the waste generated; and, (ii) A description of the changes in volume and toxicity of the waste actually achieved during the year in comparison to previous years to the extent such information is available for years prior to 1984; and. You will also receive a 6-digit notification number (called SE number), for example SE 220001. Recovery operations means activities leading to resource recovery, recycling, reclamation, direct re-use or alternative uses, which include: (1) R1 Use as a fuel (other than in direct incineration) or other means to generate energy. learn more about the process here. We recommend you directly contact the agency responsible for the content in question. The recovery and disposal operations in this paragraph are defined in 262.81. If you have questions or comments regarding a published document please (7) Contracts or equivalent arrangements must contain provisions requiring each contracting party to comply with all applicable requirements of this subpart. Disposal operations means activities which do not lead to the possibility of resource recovery, recycling, reclamation, direct re-use or alternate uses, which include: (1) D1 Release or Deposit into or onto land, other than by any of operations D2 through D5 or D12. hn@_`gFr%E"B\ 8DZ [ZmLM;XQRFZj'[.A6%uw,Hel-,A$=?b5wKL}q&YJ-
) &yNovzrsWU\VmFU_i=8g]zo3{rWhoJ The same applies to waste that is subject to an export or import ban. Enhanced content is provided to the user to provide additional context. In such cases, contracts must specify that: (i) The transporter or receiving facility having actual possession or physical control over the hazardous wastes will immediately inform the foreign exporter and importer, and the competent authority where the shipment is located of the need to arrange alternate management or return; and. Exporter, also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subpart B of this part, or equivalent State provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import. 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. (2) The receiving facility shall keep the following records: (i) A copy of each confirmation of receipt (i.e., movement document) that the receiving facility sends to the foreign exporter for at least three (3) years from the date it received the hazardous waste; (ii) A copy of each confirmation of recovery or disposal that the receiving facility sends to the foreign exporter for at least three (3) years from the date that it completed processing the waste shipment; (iii) For the receiving facility that performed any of recovery operations R12, R13, or RC3, or disposal operations D13 through D15 (recovery and disposal operations defined in 262.81), a copy of each confirmation of recovery or disposal that the final recovery or disposal facility sent to it for at least three (3) years from the date that the final recovery or disposal facility completed processing the waste shipment; and. EPA Acknowledgment of Consent (AOC) means the letter EPA sends to the exporter documenting the specific terms of the country of import's consent and the country(ies) of transit's consent(s). The Swedish EPA determines this based on Regulation (EC) No 1013/2006, Article 2.15. You can learn more about the process (d) Movement document requirements for import shipments. JPr$rWvB"b@]xySUIe)/@wUuu]nONr;q(=7q
_:xfb79L;7Iy}]I_A"9{} qM#7:kIw7d?|#6c}:~2~|RB DM^0to~|98>+OT3;o:ge"lePxNNN;8foB{xFONI4uGO$./ Otherwise, any other person who imports hazardous waste from a foreign country into the United States must comply with the requirements of this part and the special requirements of this subpart. The Swedish Environmental Protection Agency accepts later notification than 3 days before transport if you have good reasons, provided that we are contacted via e-mail to. You are responsible for ensuring the above, regardless of whether the carrier already has a permit or is registered in another EU country. For you who want to import or export waste and want to know which countries are members of the EU and OECD and covered by various rules, read more in the links below: Information about EU member states can be found here:Landsfakta (europa.eu), List of OECD countries can be found here: https://www.oecd.org/about/document/ratification-oecd-convention.htm. For contracts that will be in effect on or after the electronic import-export reporting compliance date, the contracts must additionally specify that the foreign receiving facility send a copy to EPA at the same time using the allowable methods listed in paragraph (b)(1) of this section on or after that date. Who produced the waste and who is the rightful notifier. Subsequently, the exporter must submit annual reports to EPA using the allowable methods specified in paragraph (b)(1) of this section. EPA will then inform the competent authority of the country of export, citing the reason(s) for returning the waste. (6) Where the countries of import and transit consent to the proposed transboundary movement(s) of the hazardous waste(s), EPA will forward an EPA AOC letter to the exporter documenting the countries' consents. If you have questions for the Agency that issued the current document please contact the agency directly.
A special notification document is to be used, but before you fill it out, send an email to the Swedish EPA providing details on your waste. The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1. Where any of the countries of transit or EPA objects to the proposed transboundary movement(s) of the hazardous waste or withdraws a prior consent, EPA will notify the importer. *>2V9rmCP}|{xerwIQ+I'WRE-sWDt*c!Vm^ In such cases, contracts must specify that: (i) The transporter or foreign receiving facility having actual possession or physical control over the hazardous wastes will immediately inform the exporter, EPA, and either the competent authority of the country of transit or the competent authority of the country of import of the need to make alternate management arrangements; and. (8) EPA net quantity for each hazardous waste reported in units of kilograms if solid or in units of liters if liquid, if required reporting units established by value for the reported commodity classification number are not in units of weight or volume. h[mo6+6y$$0XaEbH3csei^1i-R.