United States
Environmental
Protection Agency
Solid Waste and
Emergency Response
(5305W)
EPA530-F-95-027
April 1996
Office of Solid Waste
&EPA
Environmental
Fact Sheet
EPA Implements the OECD Decision
On Transfrentier Movements of
Recyclable Wastes
The OECD Decision ensures that the recovery of materials from wastes
can continue in an international economy and that the shipments will be
managed in an efficient and environmentally sound manner. ' ' *
Background
The Organization for Economic Cooperation and Development (OECD) was chartered
to assist member countries in achieving high economic growth, employment,' and a rising
standard of living, while ensuring that human health and the environment are
protected. Presently there are 25 member countries of the OECD.
In 1981, the Waste. Management Policy Group (WMPG) of the OECD began to
prepare guidelines to control the transboundary movement of hazardous waste. Because
some member countries had existing legislation controlling such movement, the primary
mission of the guidelines was to work toward harmonization of controls among member
countries. ' ' ,
Much of the OECD's early work was adopted by the United Nations Environment
Programme (UNEP), including lists identifying wastes to be covered by an international
agreement controlling transfrontier waste movements, and incorporated into the Basel
Convention on the Control of Transboundary Movement of Hazardous Waste and their
Disposal. - '-..,'
Following completion of the Basel Convention and a 1991 OECD Council Decision
on wastes, the WMPG started work on streamlining notice and consent requirements for
the transfrontier movement of wastes destined for recovery between member countries
of the OECD. On March 30, 1992, the OECD adopted the WMPG's decision document on
these requirements. ,
The United States; a member of OECD, supported the Decision; therefore the
Decision is legally binding on the United States. Gpvernment. This rule codifies the.
requirements of the OECD Decision as it will be implemented by the United States.
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Action
The OECD Decision establishes a graduated control system for the transfrontier ,
movements of wastes destined for recovery operations. The Decision identifies an
extensive array of wastes which are subject to different procedural controls depending on
their placement on one of three lists—green, amber or red. Green-list wastes require no
more controls beyond those typically imposed on normal international commercial
shipments. Amber-list wastes, which are considered hazardous, may be shipped for
recovery under one of three arrangements: (1) movement pursuant to a shipment-by-
shipment written notification to the OECD importing country and transit countries (if
any) by the notifier or his government, and written or tacit consent from each of those
countries; (2) movement pursuant to a general notification and written or tacit consent
from all importing and transit countries (if any); or (3) movement to a facility pre-
approved by the importing country's government to accept that waste type, which ,
requires only prior written notification for each shipment to importing and transit
countries. In all cases, the waste must be accompanied by a tracking document and
shipped under a legally binding contract or chain of contracts (or equivalent
arrangements if the notifier and the receiving facility are part of the same corporate or
legal entity). Red-list wastes are handled in the same manner as amber-list wastes
except that prior written consent from importing and transit countries is always
required and no facilities are pre-approved to accept red-list wastes.
Exports and imports of hazardous wastes within the OECD for purposes other than
recycling continue to be subject to the current RCRA export and import regulations.
Additionally, all exports and imports of hazardous waste to and from Canada and
Mexico (which are OECD countries) will remain subject to current U.S./Canadian and
U.S./Mexican bilateral agreements and current RCRA export and import regulations.
For More Information
The Federal Register notice and this fact sheet are available in electronic format on
the Internet System through the EPA Public Access Server. For additional information
or to order paper copies of the Federal Register notice, call the RCRA Hotline. Callers
within the Washington Metropolitan Area must dial 703-412-9810 or TDD 703-412-3323
(hearing impaired). Long-distance callers may call 1-800-424-9346 or TDD 1-800-553-
7672. The RCRA Hotline is open Monday-Friday, 9:00 a.m. to 6:00 p.m., Eastern
Standard Time. Write to the RCRA Information Center (5305W), US EPA, 401 M Street,
SW, Washington, DC 20460.
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