R3 Recycling or reclamation of organic substances which are not used as solvents
R4 Recycling or reclamation of metals and metal compounds
R5 Recycling or reclamation of other inorganic materials
R6 Regeneration of acids or bases
R7 Recovery of components used for pollution control
R8 Recovery of components from catalysts
R9 Used oil re-refining or other reuses of previously used oil
R10 Land treatment resulting in benefit to agriculture or ecological improvement
R11 Uses of residual materials obtained from any of the operations numbered R1-R10
R12 Exchange of wastes for submission to any of the operations numbered R1-R11
R13 Accumulation of material intended for any operation in Table 2.B
NR 662.081(12)
(12) "Transfrontier movement" means any shipment of wastes destined for recovery operations from an area under the national jurisdiction of one OECD member country to an area under the national jurisdiction of another OECD member country.
NR 662.081 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.082(1)(1)
Scope. The level of control for exports and imports of waste is indicated by assignment of the waste to a green, amber or red list and by U.S. national procedures as defined in
s. NR 662.080 (1). The green, amber and red lists are incorporated by reference in
s. NR 662.089 (5).
NR 662.082(1)(a)
(a) Wastes on the green list are subject to existing controls normally applied to commercial transactions, except as follows:
NR 662.082(1)(a)1.
1. Green-list wastes that are considered hazardous under U.S. national procedures are subject to amber-list controls.
NR 662.082(1)(a)2.
2. Green-list wastes that are sufficiently contaminated or mixed with amber-list wastes, such that the waste or waste mixture is considered hazardous under U.S. national procedures, are subject to amber-list controls.
NR 662.082(1)(a)3.
3. Green-list wastes that are sufficiently contaminated or mixed with other wastes subject to red-list controls such that the waste or waste mixture is considered hazardous under U.S. national procedures shall be handled in accordance with the red-list controls.
NR 662.082(1)(b)
(b) Wastes on the amber list that are considered hazardous under U.S. national procedures as defined in
s. NR 662.080 (1) are subject to the amber-list controls of this subchapter. If amber-list wastes are sufficiently contaminated or mixed with other wastes subject to red-list controls such that the waste or waste mixture is considered hazardous under U.S. national procedures, the wastes shall be handled in accordance with the red-list controls.
NR 662.082(1)(c)
(c) Wastes on the red list that are considered hazardous under U.S. national procedures as defined in
s. NR 662.080 (1) are subject to the red-list controls of this subchapter.
NR 662.082 Note
Note: Some wastes on the amber or red lists are not listed or otherwise identified as hazardous under RCRA (e.g., polychlorinated biphenyls) and therefore are not subject to the amber- or red-list controls of this subchapter. Regardless of the status of the waste under RCRA, however, other federal environmental statutes (e.g., the toxics substances control act) may restrict certain waste imports or exports. The restrictions continue to apply without regard to this subchapter.
NR 662.082(1)(d)
(d) Wastes not yet assigned to a list are eligible for transfrontier movements, as follows:
NR 662.082(1)(d)1.
1. If the wastes are considered hazardous under U.S. national procedures as defined in
s. NR 662.080 (1), the wastes are subject to the red-list controls.
NR 662.082(1)(d)2.
2. If the wastes are not considered hazardous under U.S. national procedures as defined in
s. NR 662.080 (1), the wastes may move as though they appeared on the green list.
NR 662.082(2)
(2) General conditions applicable to transfrontier movements of hazardous waste. NR 662.082(2)(a)(a) The waste shall be destined for recovery operations at a facility that, under applicable domestic law, is operating or is authorized to operate in the importing country.
NR 662.082(2)(b)
(b) The transfrontier movement shall be in compliance with applicable international transport agreements.
NR 662.082 Note
Note: These international agreements include, but are not limited to, the Chicago Convention (1944), ADR (1957), ADNR (1970), MARPOL Convention (1973 or 1978), SOLAS Convention (1974), IMDG Code (1985), COTIF (1985) and RID (1985).
NR 662.082(2)(c)
(c) Any transit of waste through a non-OECD member country shall be conducted in compliance with all applicable international and national laws and regulations.
NR 662.082(3)
(3) Provisions relating to re-export for recovery to a third country. NR 662.082(3)(a)(a) Re-export of wastes subject to the amber-list control system from the U.S., as the importing country, to a third country listed in
s. NR 662.058 (1) (a) may occur only after a notifier in the U.S. provides notification to and obtains consent of the competent authorities in the third country, the original exporting country and new transit countries. The notification shall comply with the notice and consent procedures in
s. NR 662.083 for all concerned countries and the original exporting country. The competent authorities of the original exporting country as well as the competent authorities of all other concerned countries have 30 days to object to the proposed movement.
NR 662.082(3)(a)1.
1. The 30-day period begins once the competent authorities of both the initial exporting country and new importing country issue acknowledgments of receipt of the notification.
NR 662.082(3)(a)2.
2. The transfrontier movement may commence if no objection has been lodged after the 30-day period has passed or immediately after written consent is received from all relevant OECD importing and transit countries.
NR 662.082(3)(b)
(b) Re-export of waste subject to the red-list control system from the original importing country to a third country listed in
s. NR 662.058 (1) (a) may occur only following notification of the competent authorities of the third country, the original exporting country and new transit countries by a notifier in the original importing country in accordance with
s. NR 662.083. The transfrontier movement may not proceed until receipt by the original importing country of written consent from the competent authorities of the third country, the original exporting country and new transit countries.
NR 662.082(3)(c)
(c) In the case of re-export of amber or red-list wastes to a country other than those in
s. NR 662.058 (1) (a), notification to and consent of the competent authorities of the original OECD member country of export and any OECD member countries of transit is required as specified in
pars. (a) and
(b) in addition to compliance with all international agreements and arrangements to which the first importing OECD member country is a party and all applicable regulatory requirements for exports from the first importing country.
NR 662.082 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.083(1)
(1)
Applicability. Consent shall be obtained from the competent authorities of the relevant OECD importing and transit countries prior to exporting hazardous waste destined for recovery operations subject to this subchapter. Hazardous wastes subject to amber-list controls are subject to the requirements of
sub. (2), hazardous wastes subject to red-list controls are subject to the requirements of
sub. (3) and wastes not identified on any list are subject to the requirements of
sub. (4).
NR 662.083(2)
(2) Amber-list wastes. The export from the U.S. of hazardous wastes as described in
s. NR 662.080 (1) that appear on the amber list is prohibited unless the notification and consent requirements of
par. (a) or
(b) are met.
NR 662.083(2)(a)
(a) Transactions requiring specific consent shall meet the following requirements:
NR 662.083(2)(a)1.
1. `Notification.' At least 45 days prior to commencement of the transfrontier movement, the notifier shall provide written notification in English of the proposed transfrontier movement to:
Office of Enforcement and Compliance Assurance
Office of Compliance; Enforcement Planning, Targeting and
Data Division (2222A)
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Washington, DC 20460
with the words "Attention: OECD Export Notification" prominently displayed on the envelope. This notification shall include all of the information identified in sub. (5). In cases where wastes having similar physical and chemical characteristics, the same United Nations classification and the same RCRA waste codes are to be sent periodically to the same recovery facility by the same notifier, the notifier may submit one notification of intent to export these wastes in multiple shipments during a period of up to one year.
NR 662.083(2)(a)2.
2. `Tacit consent.' If no concerned country (i.e., exporting, importing or transit countries) lodges an objection to a notification provided pursuant to
subd. 1. within 30 days after the date of issuance of the acknowledgment of receipt of notification by the competent authority of the importing country, the transfrontier movement may commence. Tacit consent expires one calendar year after the close of the 30-day period. Renotification and renewal of all consents is required for exports after that date.
NR 662.083(2)(a)3.
3. `Written consent.' If the competent authorities of all the relevant OECD importing and transit countries provide written consent in a period less than 30 days, the transfrontier movement may commence immediately after all necessary consents are received. Written consent expires for each relevant OECD importing and transit country one calendar year after the date of that country's consent unless otherwise specified. Renotification and renewal of each expired consent is required for exports after that date.
NR 662.083(2)(b)
(b) Shipments to facilities pre-approved by the competent authorities of the importing countries to accept specific wastes for recovery shall meet the following requirements:
NR 662.083(2)(b)1.
1. `Notification.' The notifier shall provide EPA the information identified in
sub. (5) in English, at least 10 days in advance of commencing shipment to a pre-approved facility. The notification may indicate that the recovery facility is pre-approved, and may apply to a single specific shipment or to multiple shipments as described in
par. (a) 1. This information shall be sent to:
Office of Enforcement and Compliance Assurance
Office of Compliance; Enforcement Planning, Targeting and
Data Division (2222A)
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Washington, DC 20460
with the words "OECD Export Notification—Pre-approved Facility" prominently displayed on the envelope.
NR 662.083(2)(b)2.
2. `Tacit consent' Shipments may commence after the notification required in
par. (a) 1. has been received by the competent authorities of all concerned countries, unless the notifier has received information indicating that the competent authorities of one or more concerned country objects to the shipment.
NR 662.083(3)
(3) Red-list wastes. The export from the U.S. of hazardous wastes as described in
s. NR 662.080 (1) that appear on the red list is prohibited unless notice is given pursuant to
sub. (2) (a) 1. and the notifier receives written consent from the importing country and any transit countries prior to commencement of the transfrontier movement.
NR 662.083(4)
(4) Unlisted wastes. Wastes not assigned to the green, amber or red list that are considered hazardous under U.S. national procedures as defined in
s. NR 662.080 (1) are subject to the notification and consent requirements established for red-list wastes in accordance with
sub. (3). Unlisted wastes that are not considered hazardous under U.S. national procedures as defined in
s. NR 662.080 (1) are not subject to amber or red controls when exported or imported.
NR 662.083(5)
(5) Notification information. Notifications submitted under this section shall include all of the following:
NR 662.083(5)(a)
(a) Serial number or other accepted identifier of the notification form.
NR 662.083(5)(b)
(b) Notifier name, EPA identification number (if applicable), address and telephone and telefax numbers.
NR 662.083(5)(c)
(c) Importing recovery facility name, address, telephone and telefax numbers and technologies employed.
NR 662.083(5)(d)
(d) Consignee name (if not the owner or operator of the recovery facility), address and telephone and telefax numbers; whether the consignee will engage in waste exchange or storage prior to delivering the waste to the final recovery facility and identification of recovery operations to be employed at the final recovery facility.
NR 662.083(5)(f)
(f) Country of export and relevant competent authority, and point of departure.
NR 662.083(5)(g)
(g) Countries of transit and relevant competent authorities, and points of entry and departure.
NR 662.083(5)(h)
(h) Country of import and relevant competent authority, and point of entry.
NR 662.083(5)(i)
(i) Statement of whether the notification is a single notification or a general notification. If general, include period of validity requested.
NR 662.083(5)(k)
(k) Designation of waste type from the appropriate list (amber or red and waste list code), descriptions of each waste type, estimated total quantity of each, RCRA waste code and United Nations number for each waste type.
NR 662.083(5)(L)
(L) Certification and declaration signed by the notifier that states:
I certify that the above information is complete and correct to the best of my knowledge. I also certify that legally-enforceable written contractual obligations have been entered into, and that any applicable insurance or other financial guarantees are or shall be in force covering the transfrontier movement.
Name:
Signature:
Date:
NR 662.083 Note
Note: The U.S. does not currently require financial assurance. However, U.S. exporters may be asked by other governments to provide and certify to the assurance as a condition of obtaining consent to a proposed movement.
NR 662.083 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.084(1)(1) All U.S. parties subject to the contract provisions of
s. NR 662.085 shall ensure that a tracking document meeting the conditions of
sub. (2) accompanies each transfrontier shipment of wastes subject to amber-list or red-list controls from the initiation of the shipment until it reaches the final recovery facility, including cases in which the waste is stored or exchanged by the consignee prior to shipment to the final recovery facility, except as provided in
pars. (a) and
(b).
NR 662.084(1)(a)
(a) For shipments of hazardous waste within the U.S. solely by water (bulk shipments only) the generator shall forward the tracking document with the manifest to the last water (bulk shipment) transporter to handle the waste in the U.S. if exported by water (in accordance with the manifest routing procedures at
s. NR 662.023 (3)).
NR 662.084(1)(b)
(b) For rail shipments of hazardous waste within the U.S. which originate at the site of generation, the generator shall forward the tracking document with the manifest (in accordance with the routing procedures for the manifest in
s. NR 662.023 (4)) to the next non-rail transporter, if any, or the last rail transporter to handle the waste in the U.S. if exported by rail.
NR 662.084(2)
(2) The tracking document shall include all information required under
s. NR 662.083 (for notification), and the following:
NR 662.084(2)(b)
(b) Name (if not notifier), address and telephone and telefax numbers of primary exporter.
NR 662.084(2)(d)
(d) Identification (license, registered name or registration number) of means of transport, including types of packaging.
NR 662.084(2)(f)
(f) Certification and declaration signed by notifier that no objection to the shipment has been lodged as follows:
I certify that the above information is complete and correct to the best of my knowledge. I also certify that legally-enforceable written contractual obligations have been entered into, that any applicable insurance or other financial guarantees are or shall be in force covering the transfrontier movement, and that:
NR 662.084(2)(f)2.
2. The shipment is directed at a recovery facility within the OECD area and no objection has been received from any of the concerned countries within the 30 day tacit consent period; OR
NR 662.084(2)(f)3.
3. The shipment is directed at a recovery facility pre-authorized for that type of waste within the OECD area; such an authorization has not been revoked, and no objection has been received from any of the concerned countries.
(delete sentences that are not applicable)
Name:
