United States
       Environmental Protection
       i Agency
between the


of Contents
A   Waste Shipments Between
    the U.S. and Canada
2    Shared Responsibility and
    the Bilateral Agreement
What Do I Need to Do if I Want to
Export a Hazardous Waste to Canada?           10
What Do I Need to Do if I Want to
Import a Hazardous Waste from Canada?         12
Where Can I Find More Information?             14


Waste Shipments
Between the  U.S.
and  Canada
          or nearly 20 years, the United States and Canada have
          worked together to ensure that transboundary waste
          shipments are managed safely. Through binational
          cooperation, waste shipments are allowed to move across
          the border and be managed in an environmentally safe way.

Understanding the procedures governing waste flows between the U.S.
and Canada is important to potential waste importers, exporters, and
concerned citizens alike. For example, hazardous waste importers and
exporters must comply with several federal regulations. Citizens living
in states receiving Canadian waste may also want to learn about the
U.S.-Canadian waste flows in order to appreciate how they and their
surrounding environments are protected.

This brochure provides a basic understanding of current waste
shipments between the two countries, the U.S.-Canadian Bilateral
Agreement, and the major federal regulations controlling hazardous
waste imports and exports. It is not meant to cover every aspect of
the regulatory requirements concerning waste imports, exports and
management within the U.S. For comprehensive guidance on the
regulatory requirements that apply to a specific situation, please consult
the Code of Federal Regulations (CFR) sections referred to throughout
this brochure, your State environmental agency, or the appropriate U.S.
Environmental Protection Agency (EPA) Regional Office.

Shared  Responsibility
and  The Bilateral Agreement

            iven the strong relationship between the two countries,
            a shared 5,500-mile border, and the presence of a
            number of waste management facilities in the border
            region, it is not surprising that waste shipments cross
            the U.S.-Canadian border.

When considering waste management options, generators weigh a
combination of factors, including environmental, economic, social,
and regulatory. For any number of reasons, they may choose to ship
waste off-site and across international lines for proper management.
Some reasons to do so include: (1) a cross-border facility might be
able to recover a certain type  of waste and then use it for industrial or
manufacturing processes, (2)  a foreign facility specializes in treating,
disposing, or recycling a particular type of waste, (3) the nearest
waste management facility that is capable of handling a particular type
of waste is just over the border from the generator, or (4) the least
expensive management facility is across the border.


The United States and Canada have agreed to work together to ensure
the safe management of two of the most prevalent waste streams: (1)
municipal solid waste (MSW) and the ash resulting from its incineration,
and (2) hazardous waste. MSW, which is more commonly referred to
as trash, is generally exported for disposal in specially designed and
permitted landfills that must operate in accordance with specific federal
and state or provincial requirements.

Because hazardous waste poses greater risks to human health and the
environment than other types  of waste, both the U.S. and Canadian
governments implement  comprehensive "cradle-to-grave" regulatory
programs to ensure that  hazardous waste is safely managed from

its generation to final disposal.
For example,  hazardous waste,
regardless of where it is generated,
has to be managed at a government-
approved treatment, storage, or
disposal facility (TSDF) in compliance
with very strict regulations.

Hazardous waste management is
tightly controlled  in both countries,
although each has  its own regulatory
definition of hazardous waste and
reporting requirements. Canada
estimates that its generators
exported approximately 340,000
tons to TSDFs in the United States
in 2004. During the same time
period, Canadian figures show that
the U.S. exported approximately
455,000 tons of hazardous waste
into Canada. Available data indicate
that the amount of  hazardous
waste shipped across the border
has declined since  peak volumes in

According to the most recent
data provided by affected state
environmental agencies, Canada
exported nearly 4 million tons
of MSW to the United States in
2004/2005. Most of the shipments
came from the high population areas
of southern Ontario and the greater
Toronto area.  Possibly
    !*-.. .-''^
                                            Exports MSW to Canada
                                            Imports MSW from Canada
Figure 1: U.S. States Involved
in MSW Imports/Exports with
Figure 2: U.S. generators in 31
states export hazardous waste to

The parties shall permit

the export, import, and
tranmAof hazardous waste
and other waste across
     lommon border for
treatment, storage, or

disposal pursuant to the
leir domestic
laws, regulations and

administrative practices,
and the provisions of this


 Article 2, General Obligation,
  U.S.-Canadian Bilateral
because of its proximity and low disposal fees, Michigan received most
of these shipments. Washington, New York, and Virginia also received
appreciable amounts of Canadian MSW. In contrast, the United States
exported roughly 12,000 tons of MSW to Canada that same year,
11,000 of which was shipped from Maine to New Brunswick.


In an effort to ensure appropriate oversight of transboundary movement
of wastes, the U.S. and Canada signed an Agreement between the
Government of Canada and the Government of the United States of
America Concerning the Transboundary Movement of Hazardous Waste
and Other Waste. Although the original 1986 Agreement only addressed
hazardous waste, the U.S. and Canada agreed in 1992 to expand the
scope of the Bilateral Agreement to include MSW (and the ash resulting
from its incineration), referred to as "other waste," and to implement the
notice and consent provisions for MSW once each country obtained the
necessary authorities.
The U.S.-Canadian Bilateral Agreement creates a blueprint that allows
U.S.-Canadian shipments to move across the border and be managed
in an environmentally safe way. Specifically, the Bilateral Agreement
establishes a detailed procedure for national government-to-government
notice and consent. This process begins with a potential exporter
notifying its government of its intent to export a waste shipment.
Having received this information, the environmental agency of the
exporting country will then forward this notice of intent to export a waste
shipment. Having received this information, the environmental agency
of the exporting country will then forward this notice of intent to export
to its counterpart, which in turn may either consent to the proposed
shipment, object to it, or neither consent nor object if the waste is not
regulated by the importing country. Although the Bilateral Agreement
provides that consent may be given either explicitly or tacitly (by not
objecting within 30 days of receiving notice), in practice both the U.S.
and Canada usually consent explicitly. If the importing country consents
to a proposed shipment, the environmental agency of the exporting
country will then send an Acknowledgment of Consent to the exporter.
At this point, the shipment may commence.


The United States and Canada committed to incorporate the provisions
of the Bilateral Agreement into their respective regulations.  Both the
U.S. and Canada have  successfully incorporated the notice and
consent provisions of the Bilateral Agreement for hazardous waste
shipments into their regulations. Thus for these waste shipments, the

regulated community is subject to each country's domestic regulations
that implement the terms of the Agreement. The U.S. notice and
consent requirements concerning hazardous waste imports and exports
have been codified in Title 40 of the Code of Federal Regulations (CFR),
Part 262.

In order for the notice and consent provisions to apply to MSW, both
countries will have to add the necessary provisions into their respective
domestic laws and regulations. Canada's environmental ministry,
Environment Canada, has recently received such statutory authority and
has begun the process of developing proposed regulations. The U.S.
Environmental Protection Agency
(EPA) does not yet possess the
statutory authority to implement
these provisions in full. However,
stringent standards for maintaining
and operating MSW landfills
ensure that MSW shipments are
managed safely.
Waste importers and exporters
also should note that other types
of waste, such as construction
and demolition (C & D) debris and
nonhazardous industrial waste, are not covered by the U.S.-Canadian
Bilateral Agreement and consequently are not subject to its notice and
consent framework. International shipments of these wastes are subject
to each country's respective domestic regulations. For more information
on U.S. regulations concerning these waste streams, importers and
exporters should refer to 40 CFR 257 and 258.


Because the United States and Canada have somewhat different
regulatory definitions of what constitutes a hazardous waste, a waste
is sometimes considered hazardous only in one of the countries. The
U.S.-Canadian Bilateral Agreement anticipates this possibility and still
applies in such situations. When differences in classification exist, only
waste importers or exporters in the country that considers the waste
hazardous will have regulatory obligations to fulfill. For example, a
U.S. importer of a  nonhazardous waste under U.S. law would not be
subject to U.S. import regulations even when the waste is considered
hazardous under Canadian law. The Canadian exporter, however, would
have to fulfill all the applicable Canadian export requirements before it
would be able to ship such a waste to the U.S. facility.
The party subject to the export requirements is called the
"primary exporter." EPA regulations at 40 CFR 262.51 define
the primary exporter as the person who is responsible for
originating the manifest. This person may be the hazardous
waste generator or any intermediary arranging for export.
Since more than one person could be the primary exporter, the
parties should agree who will implement the primary exporter

   porting Spent Lead Acid Batteries

                    ider U.S. regulations (40 CFR 266),
                  spent lead acid batteries being shipped
                  for recycling are exempt from import
                  requirements. However, since Canada
                  classifies these as a "hazardous
                  recyclable material," the Canadian
                  exporter would have to submit an
   plication of intent to export and obtain a permit from
Environment Canada in compliance with Canadian export
regulations before any shipments could be sent to the U.S.

Before U.S. import/export regulations
apply to any transboundary shipment,
the waste must first be identified as a
"hazardous waste." The U.S. federal
waste law, the Resource Conservation
and Recovery Act (RCRA), defines
hazardous waste according to a
number of factors. First, it must meet
                                                           the federal regulatory definition of
                               a solid waste. Further, the waste must either appear on any one of
                               four hazardous waste lists or exhibit a hazardous waste characteristic
                               (ignitibility, corrosivity, reactivity, ortoxicity), as described in 40 CFR 261,
                               Subparts C and D.

                               As a general  rule, hazardous waste shipments between the U.S. and
                               Canada are subject to federal import and export regulations. These
                               include notification, reporting, and  record-keeping requirements. Waste
                               importers and exporters should be aware, though, that there are several
                               exclusions  and exemptions to these regulations. The type of waste
                               being shipped and the reason for the shipment (e.g., recycling vs.
                               disposal) often dictate whether the hazardous waste is subject to these
                               requirements. For example, spent sulfuric acid that is destined for use
                               in the production of virgin sulfuric acid, instead of for disposal, is not
                               subject to the manifest or import/export  requirements in the U.S. Waste
                               handlers should contact their state environmental agency to learn if their
                               shipment might fall into one of these categories.

                               U.S. waste importers and exporters should also be familiar with the
                               Canadian regulations that control hazardous waste imports and exports.
                               Canada separates its hazardous waste into two categories depending
                               on its destination: shipments intended for disposal are classified as
                               hazardous  waste, while those intended for recycling are categorized as
                               hazardous  recyclable material. For more information on how Canada
                               defines and regulates hazardous waste,  U.S. waste importers and
                               exporters should consult the Export and Import of Hazardous Waste
                               and Hazardous Recyclable Material Regulations (EIHWHRMR) and
                               Transportation of Dangerous Goods Regulations (TDGR).

                               The U.S. regulations concerning the export and import of hazardous
                               waste, including those that implement the notice and consent provisions
                               of the Bilateral Agreement, are described in the following sections.

  Common Hazardous Wastes
   with Special U.S. Import &
       Export Regulations*

         Waste importers and exporters
         should see 40 CFR 279 to learn
         how they may not be subject to
              ^_^   the manifest or
    A     /^^\   ft  import/export
                      when transporting
                      used oil.

Batteries, Pesticides,
Lamps, and Mercury-
Containing Equipment
are subject to import
and export requirements,
but not the manifest if
managed under 40 CFR 273.

When spent lead acid batteries are
shipped for recycling  under 40 CFR 266,
they are not subject to the import and
export requirements.

* Note: When differences in classification exist, only waste
importers or exporters in the country that considers the
waste hazardous will have regulatory obligations to fulfill.
                                                         What Aboatstate
JLQRA-is. the U.S. federal
        v^hat establishes
 $ protectivefretmework for
 safe waste management
 RCRA also allows individual^
 states the opportunity to tailoi
jne/r own waste prograrK
 to meet their specific neei
 provided the state program is
 as least as protective as the
 federal one. Cons
 regulations for managiii>
 MSW, C&Ddkbris, industrfal
 nonhazardous waste, and
 hazardous waste may vary
 somewhat from state to state.
 For questions concerning
 a state regulatory program
 or the regulatory status of a
 specific waste in a particular
 state, waste importers and
 exporters should contact the
 applicable state environmental
 agency. Links to all state
 environmental agencies are
 provided at http://www.epa.

                               What  Do  I  Need to  Do  if
                               / Want to  Export a  Hazardous
                               Waste  to Canada?
        Hazardous Waste
  Sending Hazardous Waste
  to Canada (still need to get
  contact information from
  thqJQanadian facility and get
  derails about the export's
  Ackrtov\ffSdgment of Consent
  (now I'm allowed to export my
  hazardous waste!)
  Get Uniform Hazardous Waste
  Manifest from approved
  supplier (remember special
  requirements for exports)
 Carry both the Manifest and
  Acknowledgment of Consent
  with the Shipment!

 Gef confirmation from
  Canadian facility that they've
  received my hazardous waste

 ' Send EPA Annual Report by
  March 1st (make sure I don't
  have to send a Biennial or
  Exception Report this year)

 Keep Records of all important
  documents for 3 years!
  I       j.S. exporters of hazardous waste must comply with all
          I applicable laws and regulations (both federal and state),
          r  including regulations under RCRA contained in 40 CFR
 I       i  Part 262, Subpart E. When shipping hazardous waste
 ^^^^S   to Canada, an exporter must comply with specific U.S.
notification, manifest, reporting, and record-keeping requirements. (See
Figure 4 on page 13.)

Notification: First, an exporter must send to EPA headquarters in
Washington, D.C. a notification of intent to export. This notice must be
submitted 60 days prior to export and can cover all similar hazardous
waste shipments going to the same importing facility for up to a one-year
period. This notification must describe the type and amount of hazardous
waste, its itinerary, the number of shipments expected, and the period
during which shipments will occur. EPA then sends this information to
Environment Canada, its Canadian counterpart. Usually,  the reply from
Environment Canada will be either to consent or object to the proposed
shipment.  If the materials are not considered hazardous  under Canadian
regulations, then the response will be that Canada neither consents nor
objects to the shipment. If an objection is not received within 30 days of
receiving notice, EPA can assume that Canada has consented. If consent
is given, EPA will forward an Acknowledgment of Consent to the exporter
and the shipment(s) of hazardous waste may commence.

Manifest: The exporter must also obtain a Uniform Hazardous Waste
Manifest from an  EPA-approved supplier. The manifest  is the tracking
document that must accompany hazardous waste shipments. A
completed manifest, as well as a copy of the Acknowledgment of
Consent, must accompany the shipment while it is in transit.

16. International Shipments
I 	 I Import to U.S.
Transporter signature (for exports only):
I 	 I Export from U.S.

Port of entry/exit: 	
Date leaving U.S.:
1 7. Transporter Acknowledgment of Receipt of Materials
                               Figure 3: International Shipments Block of Uniform Hazardous Waste Manifest

To meet its reporting and record-keeping requirements, the exporter
must receive a signed copy of the manifest from the transporter
indicating the date and place of departure the waste left the United
States. Exporters must also obtain written confirmation that the waste
was received  by the specified Canadian facility. A copy of the manifest
signed by the importing facility fulfills this requirement.

There are several exclusions to these general manifest requirements for
a number of specific hazardous wastes. For example, universal wastes,
as defined in 40 CFR 273, are exempt from the manifest requirements,
but are still subject to the import and export regulations.

Reporting: Hazardous waste exporters must file an annual report with
EPA headquarters by March 1 of each year. This report summarizes the
exporter's  shipments of hazardous waste over the previous calendar

Further, annual reports submitted during even-numbered years by
exporters shipping more than 1,000 kg of hazardous waste monthly
must also describe all efforts undertaken to reduce the volume and
toxicity of the hazardous waste.

In addition, exporters not receiving either a signed copy of the manifest
from the transporter or a written confirmation from the Canadian facility
that the waste has been delivered must file an exception report to EPA,
explaining  the efforts taken or being taken to locate the shipment. An
exception  report is also required if the waste is returned to the U.S. for
any reason.

Record-Keeping: Finally, exporters are required to keep copies of
relevant documents for three years, including any notices of intent to
export, Acknowledgments of Consent, confirmations of delivery from
Canadian facilities, and all reports submitted to EPA.

   Notifications, Manifests, an
   Reports sent to EPA      Vfo
  "niust be addressed to:

   Office of Enforcement and
   Compliance Assurance
   Off/cVof Federal Activities,
   International Compliance Division
   Environmental Protection Agency
   1200 /ttwwsy/va/i/a Avenue, NW
   Washington, DC 20460
What Do  I  Need  to  Do if
/ Want to Import a  Hazardous
Waste from  Canada?
   'n order to import hazardous waste from Canada, U.S. importers
    must comply with all applicable domestic laws and regulations (both
    federal and state), including those under RCRA codified in 40 CFR
    Part 262, Subpart F. (See Figure 5 on page 13.)

    Notification: The importing treatment, storage, or disposal facility
must provide written notice to its EPA Regional Office at least 4 weeks
in advance of receiving an expected hazardous waste shipment. This
notification is only required prior to the first shipment and covers all
similar shipments from the same Canadian source indefinitely.

Manifest: Imports of hazardous waste require a manifest. The importer,
rather than the Canadian generator, fills out the manifest prior to
the waste  entering the U.S. The manifest must include both contact
information for the Canadian exporting facility as well as the U.S.
importing facility. Importers who are not also the receiving TSDF must
provide an additional copy of the signed manifest to the receiving TSDF,
which then must be submitted to EPA within 30  days by the TSDF.

Reporting: Finally, any TSDF importing hazardous waste must file a
Biennial Report by March  1 of each even-numbered year to its EPA
Regional Office. This report summarizes the importing facility's waste
activities over the past two years.

  Generator decides to
  export hazardous waste
        notifies EPA 60
  Exporter notifies EPA 60
  days before shipment is
  scheduled to commence

  EPA forwards
  Environment Canada the
  Notice of Intent to Export

  Environment Canada
  may either consent
  (expressly or tacitly)
  or object
         I        *
EPA sends exporter an
Acknowledgement of
Consent if consent is
given and export may
commence (if objection
is given, hazardous
waste shipment may not
commence until
objection is removed)
Exporter completes
manifest and attaches it
and Acknowledgement
of Consent to the
                            Transporter must date
                            and sign manifest as
                            shipment crosses border
Canadian facility
receives waste shipment
Canadian facility sends
confirmation that
shipment was received
Exporter receives
confirmation from
facility that shipment
was received
Exporter files annual
report with EPA by
March 1 (Biennial/
Exception Reports as
Figure 4: Exporting Hazardous Waste to Canada
                                         Importing Hazardous Waste v
                                         To Do List

                                          Sfay in contact with exporting
                                           Canadian Facility \

                                          7VQ7E: if I'm the receiving
                                           TSDF, then I have to notify
                                           the appropriate EPA Regional
                                           Office at least 4 weeks before
                                           hazardous waste shipment
                                           expected (but,  I only have to do
                                           this once!)
  Domestic TSDF decides
  to accept hazardous
  waste from Canadian

  Receiving TSDF notifies
  EPA 4 weeks in advance
  of expected shipment
         I         '
 After receiving
 consent, Canadian
 generator exports
 hazardous waste

 Shipment enters
 United States
                             U.S. importer assumes
                             generator responsibilities
                             including initiating
Transporter signs
manifest and delivers to
domestic TSDF

TSDF sends manifest to
EPA within 30 days of
shipment receipt and
submits Biennial Reports
every even number year
 / have to prepare a Uniform
   Hazardous Waste Manifest
   from an approved supplier to
   accompany the shipment
 NOTE: if I'm the receiving
   TSDF, I also need to send a
   copy of the manifest to EPA
   in Washington, D.C. within 30

 Remember: if I'm the receivi
   facility, I also need to send
   a Biennial Report to EPA's
   Regional Administrator
   describing my waste activities
   and other relevant info
Figure 5: Importing Hazardous Waste From Canada

                                 Where  Can  I  Find
                                 More Information?
                                 INFORMATION ON U.S. REGULATIONS

                                 International Trade in Hazardous Waste: An Overview
                                 importexport/trade. pdf

                                 This guide describes in general terms the international and domestic
                                 requirements applicable to U.S. hazardous waste exports and imports.

                                 It also describes the roles that the U.S. Environmental Protection
                                 Agency (EPA) and the U.S. Customs Service play in this process. It is
                                 designed to provide the general public with a basic understanding of
                                 the operation and control of this commerce.

                                 The Import-Export Program

                                 This document describes the EPA's  Import-Export Program
                                 responsibilities,  and describes the general obligations of U.S. entities
                                 importing or exporting with foreign countries.

                                 Collection of Materials on Import/Export Regulatory Requirements

                                 This collection of materials provides a description of the federal
                                 regulatory requirements for importing and exporting hazardous waste
                                 under RCRA. It  introduces the special provisions for hazardous waste
                                 that is generated domestically and subsequently shipped outside of the
                                 United States, as well as hazardous waste generated elsewhere and
                                 shipped into the U.S.

                                 RCRA Orientation Manual

                                 This manual serves as an introduction to the various facets and basic
                                 structure of the  RCRA program that regulates solid waste, hazardous
                                 waste, and underground storage  tanks.

RCRA in Focus

RCRA in Focus (RIF) provides an overview of the RCRA regulations
affecting specific industry sectors. Intended as a guide for small
businesses, RIF presents the lifecycle of a typical waste for each
industry and focuses on recycling and pollution prevention options.

RCRA Online
htt p: //www. e pa. g ov/rc rao n I i n e/

The RCRA Online database is designed to enable users to locate
documents, including publications and other outreach materials, that
cover a wide range of RCRA issues and topics.

Resources for Large Quantity Generators (LQG)

Hazardous Waste Requirements for Large Quantity Generators

Small Quantity Generator (SQG) Handbook

Uniform Hazardous Waste Manifest

Find more information on the Uniform Hazardous Waste Manifest, the
Manifest Registry, and the upcoming e-manifest system on this website.

State Agencies: Where You Live

This website provides links to all state environmental agencies.

                                   Code of Federal Regulations (CFR)

                                   This site allows you to search specific regulatory provisions applying
                                   to hazardous waste imports and exports, and hazardous waste

                                   For more detailed information about hazardous and nonhazardous
                                   solid waste, please see the Office of Solid Waste's Homepage at
                                   www. epa.gov/osw.

                                   INFORMATION ON CANADIAN REGULATIONS

                                   Environment Canada

                                   Environment Canada is the regulatory body responsible for regulating
                                   the international movements of waste.

                                   Environment Canada's Waste Management Division

                                   Formerly known as the Transboundary Movement Branch (1MB), the
                                   Waste Management Division is responsible for implementing terms
                                   of international agreements aimed at the monitoring and control of
                                   transboundary movements of hazardous wastes, hazardous recyclable
                                   materials, and nonhazardous wastes. This site provides details on the
                                   division's responsibilities and the Canadian regulations covering the
                                   transboundary movement of various wastes.  Environment Canada's
                                   Waste Management Division is developing regulations under the
                                   Canadian Environmental Protection Act, 1999 (CEPA 1999) to control
                                   international movements of non-hazardous wastes.

                                   Backgrounder on Hazardous Waste Management in Canada

                                   This site offers a background of hazardous wastes and the Canadian
                                   regulations that assure safe management of these wastes.

                                   Public Consultations

                                   Pertinent information  regarding ongoing consultations is  available
                                   through the CEPA Environmental Registry.