CALL CENTER QUESTIONS & ANSWERS
RCRA
1. Applicability of the Export
Regulations to Universal Waste
A large quantity handler of universal
waste (LQHUW) plans to export universal
waste thermostats to Canada for recovery.
Under RCRA Subtitle C, export
requirements apply to primary exporters of
hazardous waste (40 CFR §262.50). EPA
defines primary exporter as any person who
is required to originate the manifest for a
shipment of hazardous waste (§262.51).
However, pursuant to the universal waste
management requirements in Part 273,
large quantity handlers are not required to
manifest shipments of universal waste (61
FR 16290; April 12, 1996). Would the large
quantity handler of universal waste
thermostats be subject to the exporting
requirements when exporting the waste to
Canada?
A large quantity handler who exports
universal waste to a foreign destination
without first sending the waste to a
consolidation point or destination facility
must comply with the requirements
applicable to primary exporters in Part 262,
Subpart E, even though a manifest is not
required (61 FR 16290, 16306; April 12,
1996). Export requirements for universal
waste include notification, annual reporting,
and recordkeeping. The exporter must send
a notification of intent to export to the
Office of Enforcement and Compliance
Assurance 60 days prior to exporting the
universal waste to a foreign facility. The
notification must be in writing, signed by the
exporter, and include information such as a
description of the waste, estimates of the
quantity and frequency the waste is being
shipped, and the name of the foreign
destination facility. This notification may
cover export activities over a 12-month
period (§262.53). EPA, in conjunction with
the Department of State, will provide a
complete notification to the receiving
country and any transit countries. If the
receiving country consents to the receipt of
the universal waste, EPA will forward an
Acknowledgement of Consent to the
universal waste handler. Annual reports
must be filed by March 1 of each year.
Finally, exporters of universal waste must
keep copies of each notification of intent to
export, Acknowledgement of Consent,
confirmation of delivery from the consignee,
and annual reports for at least three years
(§262.57).
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