RO 11085 

9455.1985(01) 

June 25, 1985 

MEMORANDUM 

TO: Harry Seraydarian 

 Director, Toxics and Waste Management Division 

 EPA Region IX 

FROM: John H. Skinner 

 Director, Office of Solid Waste (WH-562) 

SUBJECT: Determining Who Assumes Generator Responsibilities for 

 Importations of Hazardous Waste 

With respect to the importation of hazardous waste, you have 

asked who should assume generator responsibilities: the 

transporter or the United States facility arranging for the 

importation of the hazardous waste. 

Under current regulations "any person" who "imports" 

hazardous waste must comply with the generator requirements of 40 

CFR Part 262. 40 CFR §§262.50(c), 262.50(d); see also 

§§262.10(c), 263.10(c). This broad language suggests that more 

than one party may be an "importer" in a given situation. In the 

situation you describe, both the transporter and the Untied 

States facility arranging for the importation would be persons 

who "import" hazardous waste. Where more than one person falls 

within the scope of this language, all of the parties, as 

contributors to the importation of hazardous waste, should be 

held jointly and severally liable for compliance with the 

generator requirements of Part 262. 

Through mutual agreement, however, one of the parties may 

assume and perform the generator duties on behalf of all the 

parties. In fact, EPA encourages such agreements. Where such an 

agreement exists the Agency will look to the designated party to 

perform generator responsibilities. EPA, however, reserves 

the right to enforce against any of the parties if the 

requirements of Part 262 are not adequately met providing such 

enforcement is equitable and in the public interest. 

In EPA's view, the party in the best position to assume the 

generator responsibilities should normally take on these 

responsibilities on behalf of the other parties. In fact, EPA will 

initially look to such a party where no party has been designated 
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or EPA is unaware of such designation. Under the specific 

factual situation you describe, it appears that the Untied States 

facility arranging for the importation of hazardous waste may be 

in the best position to assume the generator responsibilities. 

For a discussion of some relevant factors to consider in 

determining which party is in the best position to assume the 

generator responsibilities, see 45 FR 72024, 72025 

(October 30, 1980) where an analogous situation is addressed. 

You have also expressed some concern about the possibility 

of unmanifested or improperly manifested shipments occurring 

where the facility arranging for the importation is also the 

treatment, storage and disposal facility. Under such 

circumstances, the same facility must comply with both 40 CFR 

Parts 262 and 264 or 265 (for the receipt of waste from off-site 

sources). The fact that the facility receiving the waste must 

also assume generator responsibilities, thereby eliminating the 

presence of an independent treatment, storage and disposal 

facility to help assure compliance with the manifest 

requirements, should be of no greater concern than for shipments 

between sites owned by the same company. 

cc: Hazardous Waste Division Directors, Regions I-VIII and X