United States
Environmental Protection
Agency
EDCIC-1999-012
EPA-305-K-98-001
November 1998
Enforcement And Compliance Assurance (2222A)
International Trade In Hazardous Waste: An Overview
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Introduction
United States (U.S.) Entities export a small percentage of their hazardous wastes to other
countries for treatment, disposal, and recycling. Similarly, U.S. entities also import wastes from
other countries. The vast majority of this hazardous waste trade occurs with Canada, but the U.S.
engages in hazardous waste trade with other countries as well.
This guide describes in general terms the international and domestic requirements
applicable to U.S. hazardous waste exports and imports. It also describes the role which the
United States Environmental Protection Agency (EPA) and the United States 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.
What Is Hazardous Waste?
Hazardous waste is any of a number of solids, liquids, or contained gases generated by many
modern industrial processes. Some examples of common hazardous wastes include spent auto
batteries, spent solvents, and sludges from industrial wastewater treatment units. The U.S. federal
waste law, the Resource Conservation and Recovery Act (RCRA), defines hazardous waste
according to a number of factors. In 1995, U.S. entities generated approximately 279 million tons
of RCRA regulated hazardous waste, of which approximately 226,000 tons, or slightly less than
1%, were exported.
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Why Do We Export Hazardous Waste?
There are a number of reasons why U.S. entities export hazardous waste. Often, the nearest
waste management facility capable of handling a particular waste stream may be just over the
international border from the point of generation. In other cases, there may be a facility in
another country that specializes in treating, disposing of, or recycling a particular waste. Such a
facility may be the only one of its kind in the world, or it may present more environmentally sound
management solution for the waste. In some cases, hazardous wastes constitute "raw" material
inputs into industrial and manufacturing processes. This is the case in many developing countries
where natural resources are scarce or non-existent. In addition, the use of hazardous wastes is
often preferable to natural resource extractions or hazardous waste disposal.
What International Requirements Apply To The United States For International
Trade In Hazardous Wastes?
The U.S. government is currently a party to several international agreements concerning
international trade in hazardous wastes. They are:
• an agreement among the 29 member countries of the Organization for Economic
Cooperation and Development (OECD) governing trade in recyclable wastes
• U.S./Canada and U.S./Mexico bilateral agreements
• U.S. Malaysia and U.S./Costa Rica import bilateral agreements
These agreements are legally binding on the governments that are party to them, but not
on the regulated community. Rather, the regulated community is subject to the federal
regulations that implement these agreements. Although not identical, these agreements share the
basic principles of notification to the government of the exporting country, government-to-
government notification to the importing government, and the consent of the importing
government for exports and imports of hazardous wastes.
Under this approach, the exporting country provides notice to the importing, and in some
cases the transit country(s) about a proposed export of hazardous waste. The importing country
(and transit country) then has the opportunity to consent or object to the proposed shipment. The
exporting country may not allow the export to proceed until the importing country consents to it.
Exporters of routine shipments to the same foreign destination may provide one notification
covering as long as twelve months. In such cases, the importing country (and transit country)
usually provides consent covering the same period of time.
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What Do the RCRA Regulations Require U.S. Exporters To Do?
U.S. exporters of hazardous wastes must comply with all applicable domestic laws and
regulations (federal and/or state), which include regulations under RCRA, contained in the Code
of Federal Regulations (CFR)), at 40 CFR Part 262, Subparts E and H. In general terms, a U.S.
exporter must prepare and submit certain important documents during the three phases of an
export:
1. Before a shipment proceeds. An exporter must submit to EPA headquarters in Washington,
D.C., a notification of intent to export. This notification describes the type and amount of waste,
its itinerary, the number of shipments expected, and the period during which shipments will occur.
EPA forwards this notification to the government(s) of all concerned countries. The government
of the importing country must consent to the shipment before it may proceed. The U.S. exporter
may not allow a shipment to proceed unless EPA has notified it of the consent of the importing
country, as well as that of the transit country, if required.
2. While a shipment is in transit. An exporter must attach the uniform hazardous waste
manifest to the shipment (while the waste is traveling within the U.S.), the acknowledgment of
consent from the importing and transit countries, and certain additional information (in OECD
situations).
3. Annual reporting. An exporter must file an annual report with EPA headquarters in
Washington, D.C., on March 1 of each year. This report summarizes the exporter's shipments for
the previous calendar year.
What Do The RCRA Regulations Require U.S. Importers To Do?
Once the hazardous waste arrives in the U.S., importers must comply with all applicable domestic
laws and regulations (federal and/or state). These include regulations under RCRA, contained in
40CFR Part 262, and Subparts F and H. For example, a U.S. importer must prepare a manifest
reflecting the foreign generator and the U.S. importer. In OECD situations, there may be other
requirements, such as some additional tracking information which accompanies the shipment until
it arrives at the intended U.S. receiving facility.
In addition, at least four weeks before receipt of the waste in the U.S., the receiving
facility must notify the appropriate EPA Regional Administrator in the Region where the facility is
located.
What Role Does EPA Play In International Trade In Hazardous Waste?
Under the international agreements to which the U.S. is party, each country designates an agency
to control its international trade in hazardous waste. For the U.S., it is EPA.
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EPA examines export notifications and forwards them to the importing and transit
countries. For exports to Mexico, the Department of State serves as the official diplomatic
channel between the two countries.
EPA provides U.S. consent or objection to proposed hazardous waste imports. In
performing this duty, EPA relies on the recommendations of its regional offices on whether to
consent or object, because these offices have access to permit and inspection information about
the receiving facilities which allows them to better evaluate a facility's ability to property handle a
specific hazardous waste shipment.
How Do EPA And The U.S. Customs Service Ensure That U.S. Importers And
Exporters Comply With The RCRA Regulations?
EPA reviews notifications, manifests, and annual reports to ensure they are timely and accurate,
and tracks them in a data base. In addition, EPA's regional offices, and the states which EPA has
authorized to operate the RCRA program, monitor treatment storage and disposal facilities
(TSDF) which receive imported hazardous waste. This is to ensure they have properly
submitted any relevant notifications and are properly handling hazardous waste. Similarly, EPA
inspects facilities that export RCRA hazardous wastes.
The U.S. Customs Service operates border crossing and port locations. At these
locations, Customs agents and inspectors review EPA and commercial shipping documents and
halt improper or undocumented shipments. They also collect manifests and forward them to EPA
for data entry and analysis.
EPA takes enforcement measures when necessary. These measures can range from issuing
orders to importers and exporters to correct violations, to imposing civil and criminal penalties.
What Role Can You Play In Assuring The Safe Handling Of Imported And Exported
Hazardous Waste?
If you have any information about suspicious import and export activities, or you believe that
imported or exported hazardous wastes are being handled improperly, you can report that
information to the appropriate EPA regional office (RCRA Enforcement Division), or directly to
the EPA Regional Administrator. You can also report suspicious activity to our state
environmental agency.
Whom Can I Contact For Further Information About EPA's Import-Export
Program?
You can reach EPA's Import-Export Program at (202) 564-2290, or by FAX at (202) 564-0025.
The mailing address is:
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Import-Export Program
Office of Compliance/EPTDD (Mail Code 2222A)
Office of Enforcement and Compliance Assurance
United States Environmental Protection Agency
401 M Street, SW
Washington, D.C. 20460
The e-mail address is:
Heiss.Robert@epamail.epa.gov
Note: This document is not intended to be a substitute for a comprehensive knowledge of the requirements of
applicable U.S. laws and regulations. Your should consult these requirements directly.
U.S. Environmental Protection Agency
Washington, D.C. 20460
If you have questions about this document or its content, or if you have questions about the
import or export of hazardous wastes, please contact the Import-Export Program directly.
Document retyped from the original EPA publication.
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