New EPA Hazardous Waste Import/Export Regulations Finalized
On October 28, 2016, US EPA announced it will soon publish a Final Rule to revise the US hazardous waste import and export requirements.
Under the Final Rule, EPA’s requirements for transboundary hazardous waste shipments will be more consistent with the Organization for Economic Cooperation and Development (OECD) import-export rules. Because nearly all import-export shipments of hazardous waste in and out of the US originate or are destined for other OECD nations, conforming the RCRA import-export rules at 40 CFR 262, Subpart H to OECD requirements is a logical step from EPA’s point of view.
Originally proposed about one year ago, the Final Rule will also:
The updated import/export rules will apply to all transboundary hazardous waste shipments, including RCRA hazardous wastes that may be managed under alternative standards—universal waste sent for recycling or disposal, spent lead-acid batteries (SLABs), recyclable materials shipped for precious metals recovery, and hazardous waste samples bigger than 25 kg shipped for characterization or treatability studies.
The revisions in the Final Rule will not affect existing bilateral agreements between the US and Canada, the US and Mexico, or the import-only bilateral agreements between the US and Malaysia, Costa Rica, and the Philippines.
The new Final Rule will primarliy affect four groups:
Under the Final Rule, EPA’s requirements for transboundary hazardous waste shipments will be more consistent with the Organization for Economic Cooperation and Development (OECD) import-export rules. Because nearly all import-export shipments of hazardous waste in and out of the US originate or are destined for other OECD nations, conforming the RCRA import-export rules at 40 CFR 262, Subpart H to OECD requirements is a logical step from EPA’s point of view.
Originally proposed about one year ago, the Final Rule will also:
- Require shippers to electronically submit export- and import-related documents, like export notices and export annual reports, to EPA.
- Require electronic validation of consent in the US Customs and Border Protection’s Automated Export System (AES) for export shipments subject to RCRA export consent requirements.
The updated import/export rules will apply to all transboundary hazardous waste shipments, including RCRA hazardous wastes that may be managed under alternative standards—universal waste sent for recycling or disposal, spent lead-acid batteries (SLABs), recyclable materials shipped for precious metals recovery, and hazardous waste samples bigger than 25 kg shipped for characterization or treatability studies.
The revisions in the Final Rule will not affect existing bilateral agreements between the US and Canada, the US and Mexico, or the import-only bilateral agreements between the US and Malaysia, Costa Rica, and the Philippines.
Who Will the New Hazardous Waste Import/Export Rules Affect?
- Persons who export or import hazardous waste for recycling or disposal,
- Recycling and disposal facilities who receive hazardous waste imports,
- Persons who arrange for the export of conditionally excluded Cathode Ray Tues (CRTs) for recycling, and
- Persons who transport any of the export/import shipments described above.
Next Live RCRA Refresher Training: November 15!
Join us for the live, expert-led RCRA Refresher Webinar on November 15. Cross annual hazardous waste training off of your list and take away resources to help simplify your RCRA hazardous waste job responsibilities. Plus, get a full year of Lion Membership for fast answers to your compliance questions, exclusive content, and online access to critical RCRA resources and regulation updates.Tags: EPA, hazardous waste, new rules, RCRA
Find a Post
Recent Posts
Compliance Archives
Download Our Latest Whitepaper
Spot and correct 4 of the most common universal waste errors before they result in a notice of violation during a Federal or state inspection.
By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.