Importing Resource Conservation and Recovery Act (RCRA) Hazardous Waste (Title 40 of the Code of Federal Regulations (CFR) Part 262 Subpart H)


Importing Resource Conservation and Recovery Act (RCRA) Hazardous Waste
(Title 40 of the Code of Federal Regulations (CFR) Part 262 Subpart H)

Flowchart

key

<

EPA or Country of Export

U.S. Importer or U.S. Recovery Or Disposal Facility (TSDF)

Foreign Source Shipping to U.S.

Foreign or U.S. Transporters

Pre-Shipment Requirements

Foreign source
decides to
export hazardous 4
waste to U.S. for
recovery or disposal

Contracts or equivalent legal arrangements
established between all parties (e.g., exporter,

importer, receiving facility) that are legally
enforceable in all concerned countries to ensure
compliance with requirements in all concerned
countries [§262.84(f)]

I

Foreign source determines whether hazardous
waste export in country of export

If hazardous waste export,
foreign exporter sends notice to its
competent authority proposing export
to U.S. for recovery or disposal

• U.S. recovery or disposal facility
agrees to accept hazardous waste
from foreign source; AND
U.S. importer must have EPA ID
Number prior to arranging for
import [§262.18(e)]; AND
U.S. importer prepares to assume
generator responsibilities,
determines status of waste under
RCRA to know what RCRA
requirements will apply
[§§262.10(e), 262.11]

Country of export sends copy of notice

to EPA and any listed countries of
transit (transit includes stops at ports)

If not hazardous waste export and not RCRA
hazardous waste managed under 40 CFR Parts 262-
265, 266 or 273, RCRA hazardous waste import
requirements do not apply

If not hazardous waste export but is RCRA
hazardous waste, U.S. importer must submit
RCRA hazardous waste import notice directly to
EPA for consent to the proposed import
[§262.84(b)]

*

EPA reviews notice to determine whether to:

•	consent (if hazardous and proposed management acceptable), or

•	object (if hazardous but proposed management not acceptable), or

•	neither consent nor object (if not RCRA hazardous waste)

EPA sends out:

•	Final response (e.g., consent, object) to country of export or U.S.
importer; and

•	If response is consent, consent documentation (i.e., cover letter and
copy of foreign or U.S. importer notice) to U.S. recovery or disposal
facilities listed in notice

-------
Foreign source prepares the international movement document for each shipment and provides to initial transporter. U.S.
importer must ensure foreign source does this through contract terms even if not hazardous waste export [§§262.84(d)(l),
262.84(f)(7)],

Transporters sign and date the international movement document when accepting
custody of the shipment from another transporter.

Shipment enters
United States.

Is shipment disrupted
before it enters U.S.?

Transporter informs country of
transit of disruption and need to
return shipment, which in turn
informs country of export.

U.S. importer initiates RCRA manifest prior to first act of
transport within U.S. unless waste exempted from manifesting
(e.g., SLABS and universal waste) [§262.84(c)].

Transporters sign and date RCRA manifest, if manifested, and the
international movement document, and deliver shipment to U.S.
recovery or disposal facility. [§262.84(c), §262.84(d)(2)(xiv)]

Does U.S.
facility accept or
reject shipment?

If shipment rejected, U.S. facility must inform foreign exporter and
EPA of need to arrange alternate management or return (should
also inform U.S. importer, Regional EPA and state agency). The
person specified in the contract assumes responsibility for locating
an acceptable alternate location in the U.S. or arranging the return
of the hazardous wastes. [§262.84(f)(4)]

1

For manifested import shipments, after consulting with the
responsible person specified in the contract, the importer must
instruct the transporter to designate another facility within the
United States or return the hazardous waste to the foreign exporter
and revise the manifest in accordance with the importer's
instructions. [§262.84(c)(5)]

Foreign source must complete
shipment return to country of
export within 90 days of date
country of export informed of
need to return.

If shipment accepted, U.S. facility:

Sends copy of signed and dated international
movement document within 3 days of receipt to
foreign exporter, to countries of export and
transit, and starting on electronic import-export
reporting compliance date, to EPA using WIETS.
[§262.84(d)(2)(xv), §264.71(d)]; AND
Matches RCRA manifest, if manifested, with
relevant consent documentation from EPA on file,
adds consent numbers for each listed waste onto
manifest, sends copy of RCRA manifest within 30
days of receipt to e-manifest system
[§264.71(a)(3)].

I

U.S. facility completes shipment recycling or disposal,
must send confirmation of recovery or disposal no later
than 30 days after completing recovery AND no later
than 1 year from receipt of shipment to foreign
exporter, to the country of export, and starting on
electronic import-export reporting compliance date, to
EPA. If U.S. facility did interim operation, then U.S.
facility responsible for obtaining confirmation of final
recovery or disposal from final recovery or disposal
facility and sending that confirmation to the country of
export, and starting on electronic import-export
reporting compliance date, to EPA. [(§262.84(g),
"264.12(a)(4)]

^2

I

U.S. facility submits biennial report noting import
shipments as required. [§264.75(c)] If LQG, U.S.
importer submits biennial report noting imported and
domestically generated wastes. [§262.41]

-------