I

103D CONGRESS

2D SESSION H. R. 3965

To amend the Solid Waste Disposal Act to implement the Basel Convention

on the Control of Transboundary Movements of Hazardous Wastes and

Their Disposal, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 7, 1994

Mr. SWIFT (for himself, Mr. SYNAR, and Mr. PORTER) introduced the following bill; which was referred jointly to the Committees on Energy and

Commerce and Foreign Affairs

A BILL

To amend the Solid Waste Disposal Act to implement the

Basel Convention on the Control of Transboundary

Movements of Hazardous Wastes and Their Disposal,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Waste Export and Im5 port Control Act of 1994’’.
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1 SEC. 2. INTERNATIONAL SHIPMENTS OF HAZARDOUS AND

2 ADDITIONAL WASTES.

3 (a) NEW SUBTITLE CONCERNING EXPORTS AND IM4 PORTS OF HAZARDOUS AND ADDITIONAL WASTE.—The

5 Solid Waste Disposal Act is amended by adding the follow6 ing new subtitle at the end thereof:

7 ‘‘Subtitle K—Exports and Imports

8 of Hazardous and Additional

9 Wastes

10 ‘‘SEC. 12001. DEFINITIONS.

11 ‘‘For purposes of this subtitle:

12 ‘‘(1) The term ‘additional waste’ means any

13 waste identified as additional waste in regulations

14 promulgated by the Administrator in order to imple15 ment the Basel Convention and any amendments

16 thereto.

17 ‘‘(2) The term ‘Basel Convention’ means the

18 Basel Convention on the Control of Transboundary

19 Movements of Hazardous Wastes and Their Dis20 posal, executed at Basel, Switzerland, on March 22,

21 1989.

22 ‘‘(3) The term ‘export’ means the

23 transboundary movement of hazardous or additional

24 waste from the United States to another country, or

25 an attempt to achieve such transboundary move-
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1 ment, subject to the restrictions set out in para2 graph (10) of this section.

3 ‘‘(4) The term ‘exporter’ means any individual

4 or entity achieving or attempting to achieve the ex5 port of hazardous or additional waste.

6 ‘‘(5) The term ‘import’ means the

7 transboundary movement of hazardous or additional

8 waste from another country to the United States, or

9 an attempt to achieve such transboundary move10 ment, subject to the restrictions set out in para11 graph (10) of this section.

12 ‘‘(6) The term ‘importer’ means any individual

13 or entity achieving or attempting to achieve the im14 port of hazardous or additional waste.

15 ‘‘(7) The term ‘regional agreement’ means an

16 agreement between the United States and a political

17 or economic integration organization.

18 ‘‘(8) The term ‘political or economic integration

19 organization’ means an organization constituted by

20 sovereign countries to which its member countries

21 have transferred competence with respect to matters

22 governed by the Basel Convention and which has

23 been duly authorized, in accordance with its internal

24 procedures, to sign, ratify, accept, approve formally,

25 confirm or accede to such convention.
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1 ‘‘(9) The term ‘transit country’ means any

2 country through which hazardous or additional

3 waste is transported during the process of importing

4 or exporting such waste.

5 ‘‘(10) The terms ‘export’ and ‘import’ do not

6 include—

7 ‘‘(A) any transport for the purpose of dis8 posal or disposal of hazardous or additional

9 waste pursuant to or in compliance with a per10 mit issued under the Marine Protection, Re11 search, and Sanctuaries Act;

12 ‘‘(B) any discharge of hazardous or addi13 tional waste subject to regulation or standard

14 under the Act to Prevent Pollution from Ships;

15 and

16 ‘‘(C) any transboundary movement of haz17 ardous or additional waste generated exclu18 sively—

19 ‘‘(i) by United States Government ac20 tivities or facilities located abroad, or

21 ‘‘(ii) on board United States sovereign

22 immune vessels or State aircraft,

23 into an area under the national jurisdiction of

24 the United States for further use, recycling, or

25 disposal.
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1 ‘‘SEC. 12002. PROHIBITION OF EXPORTS AND IMPORTS OF

2 HAZARDOUS AND ADDITIONAL WASTE.

3 ‘‘(a) PROHIBITION.—Except as provided in section

4 12003, it shall be unlawful for any person to export or

5 import any hazardous or additional waste.

6 ‘‘(b) EXEMPT WASTE.—(1) The import of used tire

7 casings for retreading shall not be subject to the require8 ments of this subtitle. The following wastes, when ex9 ported or imported for the purpose of incorporation into

10 new products with recycled content shall not be subject

11 to the requirements of this subtitle, except for the require12 ments set out in sections 12008, 12009, and 120010:

13 ‘‘(A) Scrap metal (not including insulated wire),

14 waste paper, scrap textiles, waste glass, and waste

15 plastic, when separate from other solid waste; and

16 ‘‘(B) Any other category of additional waste,

17 when separate from other solid waste, if the Admin18 istrator, after notice and comment, determines that

19 there is no evidence that exempting such category of

20 additional waste would have significant adverse ef21 fects on human health and the environment.

22 ‘‘(2) Any person may petition the Administrator for

23 a determination under paragraph (1)(B). Within 12

24 months of receipt of such a petition, the Administrator

25 shall publish in the Federal Register a decision to grant

26 or deny the petition.
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1 ‘‘(3) No hazardous waste listed or identified under

2 section 3001 shall be exempt under this subsection.

3 ‘‘(c) OTHER EXEMPT MATERIALS.—The following

4 materials shall not be subject to the requirements of this

5 subtitle, except for the requirements set out in section

6 12008:

7 ‘‘(1) Source, special nuclear, or byproduct ma8 terial as defined by the Atomic Energy Act of 1954;

9 and

10 ‘‘(2) Spent nuclear fuel, as defined in the Nu11 clear Waste Policy Act of 1982.

12 ‘‘SEC. 12003. EXCEPTIONS TO PROHIBITION.

13 ‘‘(a) EXISTING AGREEMENTS.—Section 12002(a)

14 shall not apply to exports or imports of hazardous or addi15 tional waste made to or from any country with which the

16 United States has entered into a bilateral, multilateral, or

17 regional agreement regarding waste export and import be18 tween the United States and the government of one or

19 more exporting or importing countries that is in effect on

20 the date of enactment of this subtitle, provided that, with21 in 6 months after the date of the promulgation of the reg22 ulations provided for under section 12007(a) or 24 months

23 after the date of enactment of this subtitle, whichever is

24 earlier, any such agreement is amended—
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1 ‘‘(1) to be made consistent with the provisions

2 of subsection (b); and

3 ‘‘(2) in the case of hazardous wastes, to comply

4 with the provisions of section 3017 and any regula5 tions promulgated pursuant thereto.

6 ‘‘(b) NEW AGREEMENTS.—Section 12002(a) shall

7 not apply to exports or imports of hazardous or additional

8 waste made pursuant to and in compliance with—

9 ‘‘(1) a bilateral, multilateral, or regional agree10 ment regarding waste export or import that—

11 ‘‘(A) the United States has entered into

12 with the government of one or more exporting

13 or importing countries or with a competent re14 gional economic integration organization after

15 the date of enactment of this subtitle;

16 ‘‘(B) requires environmentally sound man17 agement of the hazardous or additional waste

18 and compliance with any laws applicable in the

19 jurisdiction in which the waste is managed; and

20 ‘‘(C) provides for the importing country

21 and the United States to jointly conduct recip22 rocal inspections of waste treatment, storage

23 and disposal facilities for purposes of assessing

24 the capability of such facilities to manage haz25 ardous or additional waste in an environ-
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1 mentally sound manner upon a reasonable belief

2 by either party that the receiving facility is not

3 handling exported waste in an environmentally

4 sound manner; and

5 ‘‘(2) the provisions of section 12004 (for ex6 ports), section 12005 (for imports), and any regula7 tions promulgated to implement any agreements de8 scribed in this subtitle.

9 ‘‘(c) REQUIREMENT TO HANDLE EXPORTED WASTE

10 IN AN ENVIRONMENTALLY SOUND MANNER.—In order to

11 comply with the requirement that exported waste be man12 aged in an environmentally sound manner, before any bi13 lateral, multilateral, or regional agreement made or

14 amended pursuant to this section shall become effective,

15 the Administrator shall make a finding that the party or

16 parties to the agreement or the political subdivision there17 of that is to receive a hazardous or additional waste ex18 ported from the United States has enacted and enforced,

19 and can reasonably be expected to maintain and enforce,

20 a regulatory program which, at a minimum—

21 ‘‘(1) regulates the hazardous or additional

22 waste to be exported from the United States;

23 ‘‘(2) requires the treatment, storage, or disposal

24 facility to be designed, constructed and operated to

25 limit the migration of hazardous constituents from
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1 the waste to environmental media potentially im2 pacted by the facility under normal operating condi3 tions.

4 ‘‘(3) establishes categories of waste prohibited

5 from disposal or requiring treatment prior to dis6 posal so as to reduce toxicity or mobility of hazard7 ous constituents in the waste and to limit the migra8 tion of hazardous constituents from the waste to en9 vironmental media potentially impacted by the facil10 ity under normal operating conditions;

11 ‘‘(4) requires the treatment or disposal facility

12 receiving the waste to conduct monitoring to detect

13 releases of hazardous constituents from the waste

14 into environmental media potentially impacted by

15 the facility under normal operating conditions;

16 ‘‘(5) imposes financial responsibility require17 ments for the closure and post-closure care of the

18 treatment or disposal facility receiving the waste;

19 ‘‘(6) requires the treatment or disposal facility

20 receiving the waste, or officials or agents of the im21 porting country, to respond to substantial unauthor22 ized releases of hazardous constituents in the waste

23 that may pose a serious threat to human health or

24 the environment; and
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1 ‘‘(7) provides resources for reviewing and up2 dating the regulatory program, inspecting regulated

3 facilities, and enforcing applicable requirements of

4 the regulatory program.

5 In determining whether a regulatory program satisfies the

6 criteria in this subsection, the Administrator shall not give

7 extra territorial application to the laws of the United

8 States but shall consider the statutes, regulations, per9 mits, certificates of approval and other regulatory author10 izations of the party to the agreement, or political subdivi11 sion thereof, as well as the operating procedures of the

12 treatment and disposal facilities within that jurisdiction

13 receiving a hazardous or additional waste exported from

14 the United States.

15 ‘‘(d) PROHIBITIONS.—Notwithstanding the provi16 sions of subsections (a), (b), and (c), it shall be unlawful

17 to—

18 ‘‘(1) export hazardous or additional waste pur19 suant to subsection (a) if the exporter knows or has

20 reason to know that such waste will not be managed

21 in an environmentally sound manner within the

22 meaning of subsection (c) and in accordance with

23 the laws of the importing and transit countries and

24 political subdivisions thereof;
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1 ‘‘(2) import hazardous or additional waste pur2 suant to subsection (a) if the importer knows or has

3 reason to know that such waste will not be managed

4 in accordance with applicable Federal, State, and

5 tribal law;

6 ‘‘(3) export hazardous or additional waste pur7 suant to subsection (b) if the exporter knows or has

8 reason to know that such waste will not be managed

9 according to the technical conditions respecting

10 waste management contained in the contract and the

11 notification and consent required by subsection

12 12004(b); or

13 ‘‘(4) import hazardous or additional waste pur14 suant to subsection (b) if the importer knows or has

15 reason to know that such waste will not be managed

16 as specified in the contract and the notification and

17 consent required by subsection 12005(b).

18 ‘‘SEC. 12004. REQUIREMENTS FOR EXPORT OF HAZARDOUS

19 AND ADDITIONAL WASTE.

20 ‘‘(a) IN GENERAL.—After 6 months after the date

21 of promulgation of the regulations provided for under sec22 tion 12007(a) or 24 months after the enactment of this

23 subtitle, whichever is earlier, exports of any hazardous or

24 additional waste made pursuant to subsection 12003 shall
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1 be subject to the requirements of this section and any reg2 ulations promulgated to implement this subtitle.

3 ‘‘(b) PRE-EXPORT REQUIREMENTS.—Prior to ex4 porting hazardous or additional waste from the United

5 States—

6 ‘‘(1) the exporter shall provide written notice of

7 the proposed export to the Administrator, which

8 shall contain—

9 ‘‘(A) copy of the technical provisions relat10 ing to waste management contained in an exe11 cuted written contract between the importer

12 and exporter that specifies: (i) the method by

13 which the hazardous or additional waste will be

14 managed, (ii) a summary description of the de15 sign and operation of the facilities at which

16 such waste will be treated, stored, and disposed

17 of, and (iii) that such waste will be managed in

18 an environmentally sound manner within the

19 meaning of section 12003(c); and

20 ‘‘(B) sufficient information for the govern21 ment of the importing country and all transit

22 countries to make an informed decision as to

23 whether to accept the proposed export;

24 ‘‘(2) the Administrator shall forward such no25 tice, through the Secretary of State, to the govern-
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1 ment of the importing country and all transit coun2 tries; and

3 ‘‘(3) the Administrator shall obtain the written

4 consent of the government of the importing country

5 and all transit countries.

6 ‘‘(c) WASTE TRACKING.—The exporter of any haz7 ardous or additional waste shall be subject to regulations

8 promulgated by the Administrator to assure that the ex9 porter receives documentation from the facility specified

10 in the contract as authorized to receive such waste in the

11 importing country for ultimate treatment or disposal and

12 that the exporter provides a copy of such documentation

13 to the Administrator within 30 calendar days after the

14 date of delivery to such facility. The Administrator shall

15 promulgate regulations under this subsection within 90

16 days after the enactment of this section.

17 ‘‘(d) FAILURE OF DELIVERY.—Unless the Adminis18 trator receives notice under subsection (c) within 30 cal19 endar days after the date specified in the contract or ship20 ment manifest for delivery of the waste to the facility spec21 ified in the contract as authorized to receive such waste

22 in the importing country for ultimate treatment or dis23 posal or if the Administrator receives evidence from any

24 source establishing that a shipment of hazardous or addi25 tional waste has not been delivered to the facility des-
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1 ignated or managed as specified in the notice, consent and

2 contract, the exporters and generators of such waste shall,

3 within 10 days after the exporter receives notice of such

4 evidence from the Administrator, or 10 days after the ex5 piration of such 30-day period, whichever is sooner, pro6 vide evidence to the Administrator that the shipment has

7 been delivered to the facility designated or managed as

8 so specified. Unless such evidence is provided within such

9 10-day period, the exporters and generators shall, within

10 15 days after such 10-day period, accept legal and finan11 cial responsibility for—

12 ‘‘(1) arranging for the acceptance of the haz13 ardous or additional waste by an alternative facility

14 and delivering the hazardous or additional waste to

15 that facility in compliance with all requirements of

16 this subtitle, or

17 ‘‘(2) returning the hazardous or additional

18 waste to the United States in compliance with all re19 quirements of this subtitle and any applicable State,

20 tribal and Federal laws.

21 ‘‘(e) DOCUMENTS.—The exporter shall ensure that

22 all required documents have been properly executed and

23 that such documents accompany the hazardous or addi24 tional waste to the importing facility.
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1 ‘‘(f) FINANCIAL RESPONSIBILITY.—The exporter

2 shall comply with any financial responsibility requirements

3 promulgated by the President. The exporter shall also

4 comply with any bonding, insurance, guarantee, and other

5 financial responsibility requirements of the importing and

6 transit countries.

7 ‘‘(g) REGULAR SHIPMENTS.—The President may,

8 subject to the written consent of the importing and transit

9 countries, allow the exporter to use a general notification

10 and consent procedure where hazardous or additional

11 wastes having the same physical and chemical characteris12 tics are shipped regularly to the same disposer via—

13 ‘‘(1) the same customs office of exit in the

14 United States;

15 ‘‘(2) the same customs office of entry in the im16 porting country; and

17 ‘‘(3) the same customs offices of entry and exit

18 in any transit countries.

19 Such general notification and consent may cover multiple

20 shipments of hazardous or additional wastes during a pe21 riod of no more than 12 months.

22 ‘‘(h) WASTE MINIMIZATION.—To the extent required

23 by section 3002 of this title and the Pollution Prevention

24 Act of 1990, generators of hazardous or additional waste
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1 exporting such waste shall minimize the generation of such

2 waste and document such efforts.

3 ‘‘SEC. 12005. REQUIREMENTS FOR IMPORT OF HAZARDOUS

4 AND ADDITIONAL WASTE.

5 ‘‘(a) OTHER APPLICABLE LAWS.—Imports of any

6 hazardous or additional waste into the United States made

7 pursuant to subsection 12003(b) shall be subject to the

8 requirements of this section, all other applicable State,

9 tribal and Federal laws, and any regulations promulgated

10 to implement the requirements of this subtitle unless such

11 wastes are imported into the United States for transit

12 through the United States to another country in accord13 ance with section 12006.

14 ‘‘(b) PRE-IMPORT REQUIREMENTS.—Prior to import15 ing hazardous or additional wastes into the United

16 States—

17 ‘‘(1) the importer shall provide to the Adminis18 trator a written notice of the proposed export from

19 the government of the exporting country obtained

20 through the Secretary of State, which shall con21 tain—

22 ‘‘(A) a copy of the technical provisions re23 garding waste management contained in an exe24 cuted written contract between the importer

25 and exporter that specifies (i) the method by
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1 which the hazardous or additional waste will be

2 managed; and (ii) that such waste will be man3 aged in accordance with applicable State, tribal

4 and Federal laws; and

5 ‘‘(B) sufficient information for the Presi6 dent to make an informed decision as to wheth7 er to accept the proposed import; and

8 ‘‘(2) the importer must obtain the written con9 sent of the President to the import of such waste.

10 ‘‘(c) WASTE TRACKING.—The importer of any haz11 ardous or additional waste shall be subject to regulations

12 promulgated by the Administrator to assure that the ex13 porter receives documentation from the facility specified

14 in the contract as authorized to receive such waste in the

15 United States for ultimate treatment or disposal and that

16 the importer provides a copy of such documentation to the

17 Administrator within 30 calendar days after the date of

18 delivery to such facility. The Administrator shall promul19 gate regulations under this subsection within 90 days after

20 the enactment of this section.

21 ‘‘(d) FAILURE TO DELIVER.—If the importer fails to

22 deliver the hazardous or additional waste to the facility

23 designated in the notification, consent and contract, the

24 importer shall be legally and financially responsible for—
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1 ‘‘(1) delivering such waste to an alternative fa2 cility in compliance with all requirements of this

3 subtitle and with applicable State, tribal, and Fed4 eral laws; or

5 ‘‘(2) returning such waste to the exporting

6 country in compliance with all requirements of this

7 subtitle.

8 ‘‘(e) DOCUMENTS.—The importer shall ensure that

9 all required documents have been properly executed and

10 that the documents accompany the hazardous or addi11 tional wastes to the importing facility.

12 ‘‘(f) FINANCIAL RESPONSIBILITY.—The importer

13 shall comply with any financial responsibility requirements

14 promulgated by the President. The importer shall also

15 comply with any bonding, insurance, guarantee, and other

16 financial responsibility requirements of the exporting and

17 transit countries.

18 ‘‘(g) REGULAR SHIPMENTS.—The President may,

19 subject to the written consent of the exporting and transit

20 countries, allow the importer to use a general notification

21 and consent procedure where hazardous or additional

22 wastes having the same physical and chemical characteris23 tics are shipped regularly to the same disposer via—

24 ‘‘(1) the same customs office of exit in the ex25 porting country;
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1 ‘‘(2) the same customs office of entry in the

2 United States; and

3 ‘‘(3) the same customs offices of entry and exit

4 in any transit countries.

5 Such general notification and consent may cover multiple

6 shipments of hazardous or additional wastes during a pe7 riod of no more than 12 months.

8 ‘‘SEC. 12006. REQUIREMENTS OF TRANSIT THROUGH THE

9 UNITED STATES.

10 ‘‘(a) COVERAGE.—All imports of hazardous or addi11 tional wastes into the United States solely for purposes

12 of transit through the United States to another country,

13 shall be subject to the requirements of this section and

14 the requirements of section 12005 shall not apply to any

15 such imports.

16 ‘‘(b) PROHIBITION.—No person may import hazard17 ous or additional wastes into the United States for transit

18 through the United States to another country without the

19 prior written consent of the President.

20 ‘‘(c) PRE-IMPORT REQUIREMENTS.—Prior to import21 ing hazardous or additional wastes into the United States

22 for transit, the person responsible for such transit shall

23 provide to the President—

24 ‘‘(1) a written notice from the government of

25 the exporting country obtained through the Sec-
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1 retary of State, notifying the United States of the

2 proposed export and requesting consent to the tran3 sit of the specified wastes through the United

4 States;

5 ‘‘(2) copies of the consent to transit of any

6 other transit countries for the specified wastes; and

7 ‘‘(3) a copy of the consent to import granted by

8 the country in which final disposal of the specified

9 wastes will occur.

10 ‘‘(d) CONSENT TO TRANSIT.—The President may

11 consent to the import of hazardous or additional waste

12 into the United States solely for purposes of transit only

13 upon a finding that, during transit, such waste will be

14 managed in an environmentally sound manner.

15 ‘‘(e) WASTE TRACKING.—The United States im16 porter and United States exporter of any hazardous or ad17 ditional waste subject to this section shall be subject to

18 regulations promulgated by the Administrator to assure

19 that such importer and exporter both receive documenta20 tion from the importer in the next country to which such

21 waste is transferred and that both the United States im22 porter and the United States exporter provide a copy of

23 such documentation to the Administrator within 30 cal24 endar days after the date of delivery to such next im25 porter. The Administrator shall promulgate regulations
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1 under this subsection within 90 days after the enactment

2 of this section. Upon completion of transit through the

3 United States, the person responsible for such transit shall

4 provide a notice of completion to the Administrator.

5 ‘‘SEC. 12007. AUTHORITIES OF THE PRESIDENT AND THE

6 ADMINISTRATOR.

7 ‘‘(a) AUTHORITY TO PROMULGATE REGULATIONS.—

8 (1) Not later than 12 months after the date of enactment

9 of this subtitle, the President shall promulgate any regula10 tions necessary to implement the requirements of this sub11 title, including the requirements applicable to bilateral,

12 multilateral, or regional agreements referred to in this

13 subtitle. Such regulations shall include, at a minimum,

14 provisions for: notification, tracking, manifesting, packag15 ing, labelling, reporting, recordkeeping, financial respon16 sibility, transportation, enforcement and information re17 quired to be included in contracts.

18 ‘‘(2) Such regulations shall be effective 60 days after

19 the date of promulgation.

20 ‘‘(3) No exports shall take place pursuant to nego21 tiated new bilateral, multilateral, or regional agreements

22 entered into under section 12003(b) unless the Adminis23 trator has promulgated such regulations.

24 ‘‘(b) AUTHORITY TO PROHIBIT EXPORTS AND IM25 PORTS.—As required to fulfill the obligations of the
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1 United States under the Basel Convention, the President

2 shall issue an order prohibiting by particular source, ship3 ment, or class—

4 ‘‘(1) exports of hazardous or additional waste

5 from the United States where the President has rea6 son to believe the waste to be exported would not be

7 managed in an environmentally sound manner, not8 withstanding the consent of the importing country or

9 other entity or the existence of a bilateral or regional

10 agreement between the United States and the im11 porting country;

12 ‘‘(2) imports of hazardous or additional waste

13 into the United States where the President has rea14 son to believe such imports or the subsequent man15 agement of such wastes would be in violation of ap16 plicable State, tribal or Federal laws;

17 ‘‘(3) exports from or imports into the United

18 States of hazardous or additional wastes where the

19 President has reason to believe that the shipment(s)

20 involved may not proceed in accordance with—

21 ‘‘(A) the contract specified in subsection

22 12004(b) or subsection 12005(b), or

23 ‘‘(B) any requirements of the bilateral or

24 regional agreements between the countries; or
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1 ‘‘(4) exports from or imports into the United

2 States of hazardous or additional waste where such

3 exports or imports would otherwise be inconsistent

4 with the international obligations of the United

5 States.

6 Such orders shall be immediately effective. However, the

7 President shall conduct a hearing if, within 30 days of

8 issuance of the order, any person or persons named there9 in or affected by the order submits written notification re10 questing a hearing. Following the hearing, the President,

11 upon a determination that the order was not warranted,

12 may modify or reissue the order. The proscribed exports

13 or imports may not proceed during the pendency of any

14 administrative hearing or judicial proceeding challenging

15 an order by the President pursuant to this subsection. Ju16 dicial review of such orders shall be limited to the adminis17 trative record.

18 ‘‘(c) INSPECTIONS.—If, after a review of the notice

19 of intent to export and other information concerning the

20 management of hazardous or additional waste in the im21 porting country, the President determines that there is

22 substantial evidence that the hazardous or additional

23 waste would not be managed in an environmentally sound

24 manner, within the meaning of section 12003(c), the

25 President may, before issuing an order prohibiting the ex-
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1 port, request the exporter or the owner or operator of the

2 treatment or disposal facility receiving the waste to—

3 ‘‘(1) arrange for the President to inspect the

4 receiving facility for the purpose of assessing the ca5 pability of the facility to manage hazardous or addi6 tional waste in an environmentally sound manner,

7 within the meaning of 12003(c); and

8 ‘‘(2) demonstrate that the receiving facility has

9 operated in substantial compliance with the regu10 latory program described in section 12003(c) and in

11 a manner which indicates that the waste to be ex12 ported will be managed in accordance with the appli13 cable requirements of the program.

14 ‘‘(d) EMERGENCY ORDERS.—Notwithstanding any

15 other authorities provided by this subtitle, the President

16 may issue an emergency order to prohibit the export or

17 import of hazardous or additional wastes by particular

18 source, shipment, or class from or to a specific country

19 for a period not to exceed 60 days—

20 ‘‘(1) if the President has reason to believe that

21 the export or import may present an imminent and

22 substantial endangerment to health or the environ23 ment within or outside the United States, or

24 ‘‘(2) if the government of an importing or ex25 porting country submits a request to the President
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1 for emergency action in support of that country’s en2 forcement efforts related to the export or import of

3 hazardous or additional waste.

4 There shall be no judicial review of such emergency order

5 except in the context of an action brought by the Attorney

6 General to enforce such order. The President shall have

7 the authority to extend the emergency order after notice

8 and opportunity for a hearing for a period not to exceed

9 an additional 90 calendar days, except that in the case

10 of an imminent and substantial endangerment, the order

11 shall be effective until the President determines that the

12 endangerment is no longer imminent. Any extension of the

13 initial emergency order shall be subject to judicial review,

14 and such review shall be limited to the administrative

15 record.

16 ‘‘(e) AUTHORITY TO CONTROL HAZARDOUS AND AD17 DITIONAL WASTE EXPORTS THAT ARE NOT DELIV18 ERED.—Whenever any exporter or generator of hazardous

19 or additional waste fails or refuses to commence taking

20 actions specified in section 12004(d) within the period

21 specified in section 12004(d), or whenever the Adminis22 trator receives notice that a shipment has not been deliv23 ered to the facility designated, or managed as specified

24 in the notice, consent or contract, the Administrator shall

25 perform the actions required by subsection 12004(d). The
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1 Administrator shall provide notice to the appropriate ex2 porters or generators. The exporters or generators shall

3 be liable for all costs incurred by the Administrator in ar4 ranging for or conducting such disposition, including but

5 not limited to—

6 ‘‘(1) any liability resulting from the treatment,

7 storage, or disposal of the wastes;

8 ‘‘(2) costs of arranging for or conducting trans9 portation, storage, and disposal of the waste; and

10 ‘‘(3) attorney’s fees incurred by the United

11 States in seeking recovery of its costs.

12 The United States may recover all such costs and fees

13 from the exporters or generators in the United States Dis14 trict Court for the district in which the cost was incurred,

15 or in which any of the exporters or generators reside or

16 have their principal place of business, or in the District

17 of Columbia.

18 ‘‘(f) AUTHORITY TO DESIGNATE PORTS.—The Ad19 ministrator may by regulation limit or restrict to specifi20 cally designated ports in the United States shipments of—

21 ‘‘(1) particular hazardous or additional wastes

22 for export or import, or

23 ‘‘(2) all hazardous or additional waste for ex24 port or import.
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1 ‘‘SEC. 12008. ANTARCTIC TREATY AREA AND NATIONS WITH

2 IMPORT BAN.

3 ‘‘(a) PROHIBITIONS.—

4 ‘‘(1) ANARCTIC TREATY AREA.—It shall be un5 lawful for any person to export hazardous or addi6 tional waste for treatment, incineration, storage, dis7 posal or recycling to any location south of 60 de8 grees south latitude.

9 ‘‘(2) NATIONS WITH IMPORT PROHIBITIONS.—It

10 shall be unlawful for any person to export hazardous

11 or additional waste from the United States to any

12 other country in violation of any provision of law in

13 effect in that country prohibiting the entry of such

14 waste into that country.

15 ‘‘(b) SAVINGS PROVISION.—Nothing in this section

16 shall be construed as contravening or superseding—

17 ‘‘(1) any obligations under any international

18 treaty, convention, or agreement if such treaty, con19 vention, or agreement is in force with respect to the

20 United States on the date of enactment of this sub21 title, and if it is compatible with the environmentally

22 sound management of hazardous or additional

23 waste, or

24 ‘‘(2) the provisions of any statute which imple25 ments any such treaty, convention, or agreement.
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•HR 3965 IH

1 ‘‘SEC. 12009. REPORTING.

2 ‘‘Effective in the calendar year following the effective

3 date of regulations promulgated pursuant to this subtitle,

4 all persons who export or import hazardous or additional

5 waste under this subtitle shall report no later than March

6 1 of each calendar year to the Administrator summarizing

7 the types, quantities, frequency, routes, ultimate destina8 tion, and any known disposition of all such hazardous and

9 additional wastes that were exported or imported or for

10 which notice to export or import was given during the pre11 ceding calendar year, and any such information that the

12 Administrator may require pursuant to such regulations.

13 ‘‘SEC. 12010. FEES.

14 ‘‘The President shall promulgate and revise regula15 tions establishing fees to be paid by persons who export

16 or import any hazardous or additional wastes. Such fees

17 shall be established at such level as the President esti18 mates to be necessary to recover all reasonable costs in19 curred by all departments, agencies, and instrumentalities

20 of the United States in carrying out the new requirements

21 of this subtitle. Fees collected under this section shall be

22 deposited as miscellaneous receipts in the United States

23 Treasury and shall be available, subject to annual appro24 priation to the departments, agencies, and instrumental25 ities of the United States carrying out the requirements

26 of this subtitle.
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•HR 3965 IH

1 ‘‘SEC. 12011. FEDERAL ENFORCEMENT.

2 ‘‘The provisions of this subtitle shall be enforced in

3 accordance with section 3008 of this Act.

4 ‘‘SEC. 12012. EFFECTIVE DATE.

5 ‘‘Except as otherwise provided, the provisions of this

6 subtitle shall take effect on the date of enactment of the

7 Waste Export and Import Control Act of 1994.’’.

8 (b) OBJECTIVES AND NATIONAL POLICY.—Section

9 1003(a) of the Solid Waste Disposal Act is amended—

10 (1) by striking out ‘‘and’’ at the end of para11 graph (10);

12 (2) by striking out the period at the end of

13 paragraph (11) and inserting in lieu thereof ‘‘; and’’;

14 and

15 (3) by adding at the end the following new

16 paragraph:

17 ‘‘(12) assuring that the export from and import

18 into the United States of hazardous and additional

19 wastes is undertaken in compliance with the provi20 sions of the Basel Convention on the Control of

21 Transboundary Movements of Hazardous Wastes

22 and Their Disposal.’’.

23 (c) RETENTION OF EXISTING AUTHORITY.—Section

24 3017 of the Solid Waste Disposal Act and all regulations

25 promulgated pursuant to that section, shall remain effec26 tive for hazardous wastes exported or imported under sub-
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•HR 3965 IH

1 section 12003(a) of that Act. No exports shall take place

2 pursuant to negotiated new bilateral, multilateral, or re3 gional agreements under section 12003(b) of that Act un4 less the Administrator has promulgated regulations pursu5 ant to section 12007 of that Act.

6 (d) CONFORMING AMENDMENTS.—(1) The table of

7 contents of the Solid Waste Disposal Act is amended to

8 add the following new items after the items relating to

9 subtitle J—

‘‘Subtitle K—Exports and Imports of Hazardous and Additional Wastes

‘‘Sec. 12001. Definitions.

‘‘Sec. 12002. Prohibition of exports and imports of hazardous and additional

waste.

‘‘Sec. 12003. Exceptions to prohibition.

‘‘Sec. 12004. Requirements for export of hazardous and additional waste.

‘‘Sec. 12005. Requirements for import of hazardous and additional waste.

‘‘Sec. 12006. Requirements of transit through the United States.

‘‘Sec. 12007. Authorities of the President and the Administrator.

‘‘Sec. 12008. Antarctic Treaty area.

‘‘Sec. 12009. Reporting.

‘‘Sec. 12010. Fees.

‘‘Sec. 12011. Federal enforcement.

‘‘Sec. 12012. Effective date.’’.

10 (2) Section 3017(f) of the Solid Waste Disposal Act

11 is amended to read as follows:

12 ‘‘(f) ADDITIONAL WASTE.—Effective on the date of

13 the enactment of subtitle K of this Act, the provisions of

14 this section shall be applicable to additional wastes identi15 fied under subtitle K, except that in the case of exports

16 or imports of additional waste identified under subtitle K

17 to or from any country with which the United States has

18 entered into a bilateral, multilateral, or regional agree-
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•HR 3965 IH

1 ment regarding waste export and import that is in effect

2 on the date of enactment of subtitle K, such provisions

3 shall be effective 6 months after the date of the promulga4 tion of regulations under section 12007(a) of the Solid

5 Waste Disposal Act or 24 months after the date of enact6 ment of subtitle K of that Act, whichever is earlier.’’.

7 (3) Section 3017(h) of the Solid Waste Disposal Act

8 is amended by inserting ‘‘or under subtitle K’’ at the end

9 thereof.

10 (4) Section 3008 of the Solid Waste Disposal Act is

11 amended as follows:

12 (A) Insert ‘‘or subtitle K’’ after ‘‘this subtitle’’

13 wherever it appears in subsections (a) and (g).

14 (B) Insert ‘‘or, for violation of any requirement

15 of subtitle K, in the district in which the defendant

16 resides or maintains a principal place of business or

17 in the District of Columbia,’’ after ‘‘in which the vio18 lation occurred’’ in subsection (a).

19 (C) Insert ‘‘or under subtitle K or with bilateral

20 or regional agreements for the export or import of

21 hazardous or additional waste under subtitle K’’ in

22 subsections (d)(3) and (d)(4) before the semicolon at

23 the end.

24 (D) Insert ‘‘, imports’’ after ‘‘exports’’ in sub25 section (d)(4) and insert ‘‘or any hazardous or addi-
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•HR 3965 IH

1 tional wastes under subtitle K’’ after ‘‘subtitle’’ the

2 first place it appears in subsection (d)(4).

3 (E) Amend subsection (d)(6) to read:

4 ‘‘(6) knowingly exports or imports a hazardous

5 or additional waste, as those terms are defined in

6 subtitle K of this Act, in violation of (A) any re7 quirement of this subtitle, or any regulation promul8 gated thereunder, or (B) any requirement of a bilat9 eral or regional agreement, as those terms are de10 fined in subtitle K of this Act, entered into pursuant

11 to such subtitle; or’’.

12 (F) In subsection (e)—

13 (i) insert ‘‘or imports’’ after ‘‘exports’’;

14 and

15 (ii) insert ‘‘or any hazardous or additional

16 wastes under subtitle K’’ after ‘‘subtitle’’ the

17 second place it appears.

18 (G) Insert at the end thereof the following new

19 subsection:

20 ‘‘(i) CIVIL ENFORCEMENT OF EMERGENCY OR21 DERS.—Upon receipt of evidence that an export or import

22 may present an imminent and substantial endangerment

23 to health or the environment within or outside the United

24 States, or upon the receipt of a request by the government

25 of an importing or exporting country for emergency action
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•HR 3965 IH

1 in support of that country’s enforcement efforts related

2 to the export or import of hazardous or additional wastes,

3 the President may bring suit on behalf of the United

4 States in the appropriate United States district court to—

5 ‘‘(1) immediately restrain any person causing or

6 contributing to the alleged endangerment;

7 ‘‘(2) enforce the order; or,

8 ‘‘(3) take such other action as may be nec9 essary.’’.

Æ

HR 3965 IH——2

HR 3965 IH——3