Section 662.083. Notification and consent.

 

(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) .

(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.

(a) Transactions requiring specific consent shall meet the following requirements:

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.

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.

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.

(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:

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.

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.

(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.

(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.

(5)   Notification information. Notifications submitted under this section shall include all of the following:

(a) Serial number or other accepted identifier of the notification form.

(b) Notifier name, EPA identification number (if applicable), address and telephone and telefax numbers.

(c) Importing recovery facility name, address, telephone and telefax numbers and technologies employed.

(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.

(e) Intended transporters or their agents.

(f) Country of export and relevant competent authority, and point of departure.

(g) Countries of transit and relevant competent authorities, and points of entry and departure.

(h) Country of import and relevant competent authority, and point of entry.

(i) Statement of whether the notification is a single notification or a general notification. If general, include period of validity requested.

(j) Date foreseen for commencement of transfrontier movement.

(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.

(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:  

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06.

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. Microsoft Windows NT 6.1.7601 Service Pack 1