EPA530-R-00-003C
PB2000-104 950
RCRA, SUPERFUND & EPCRA HOTLINE MONTHLY REPORT
March 2000
1. Frequently Asked Questions on Imports and Exports of Hazardous Waste
between the Members of the Organization for Economic Cooperation and
Development (OECD)
What is the Organization for Economic Cooperation and Development (OECD)?
The OECD is an international organization designed to foster economic growth,
employment, and a rising standard of living between member countries while ensuring
the protection of human health and the environment. OECD member countries are
listed in 40 CFR §262.58(a)(l) for the purposes of Part 262, Subpart H - Transfrontier
Shipments of Hazardous Waste for Recovery within the OECD.
What are the green, amber, and red lists of wastes ? Where are they found?
The green, amber, and red lists of wastes, originally developed under the OECD
Council Decision Concerning the Control of Transfrontier Movements of Wastes
Destined for Recovery Operations, dictate the level of control placed on the importing
and exporting of a particular waste under Part 262, Subpart H. The lists of wastes are
incorporated by reference in Part 262, Subpart H, and may be obtained through the
RCRA Docket (703-603-9230) using the Docket Identification Number: F-94-IEHF-
FFFFF.
When do U.S. importers and exporters follow the requirements of Part 262, Subpart H?
Importers and exporters must meet the requirements of Part 262, Subpart H when
waste that is considered hazardous under U.S. national procedures is shipped between
the United States and OECD countries listed in §262.58(a)(l) for recovery operations.
Waste is considered hazardous under U.S. national procedures when it meets the
federal definition of hazardous waste, and is subject to manifesting requirements or to
universal waste management standards in Part 273 (§262.80(a)). The term "recovery
operations" means activities leading to resource recovery, recycling, reclamation, or
direct re-use (§262.8l(k)).
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Do U.S. importers and exporters follow Part 262, Subpart H when waste is shipped between
the United States and Canada or Mexico?
Although Canada and Mexico are members of OECD, U.S. importers and
exporters do not follow Subpart H when waste is shipped between the United States
and Mexico or Canada. The United States has entered into separate bilateral
agreements with Mexico and Canada that govern these shipments. U.S. importers and
exporters should comply with Subpart F and Subpart E regulations, respectively, in lieu
of Subpart H regulations, when dealing with facilities in Mexico or Canada (§262.58(b)).
What are the requirements for U.S. generators of hazardous waste under Part 262, Subpart
H?
When hazardous waste is destined for recovery operations within the OECD, a U.S.
generator may have several requirements under Part 262, Subpart H if the generator
acts as a notifier. A notifier is the person who has possession or legal control of the
waste when the transfrontier movement of the waste occurs and who proposes the
waste movement (§262.81). A generator acting as a notifier must, as applicable, notify
EPA, who will obtain consent from the importing and transit countries (§262.83), track
the waste shipment (§262.84), execute a written contract with the recovery facility
(§262.85), report to EPA annually and keep records (§262.87).
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