• RCRA REVISION CHECKUST 31 

Exports of Hazardous Waste 

51 FR 28664-28686 

August 8, 1986 

(HSWA Cluster I) 

Special notes: 1) States cannot assume the authority for the following aspects of regulating hazardous waste 

exports: a) receive notifications of intent to export, b) transmit information, regarding intent to export. to foreign 

countries through the Department of State, and c) transmit acknowledgement of consent to the exporter. 

EPA feels that foreign policy interests and exporters' interest in expeditious processing are better served by the 

Agency retaining these functions. The Department of State would have only a single point of contact in 

administering the export program, allowing for uniformity and expeditious transmission of information between 

the Un~ed States and foreign countries. For a discussion of these issues, see 51 FR 28678, August 8, 1986. I 

These restrictions on State Authority have implications when a state adopts the 40 CFR 262.50 through 262.57 

provisions. Complete guidance may be found in Appendix J. Briefly: 

•	 __"EPA," "Agency" and Administrator,· should remain and should not be substituted with the State's 

analogous terms. 

•	 "EPA Acknowledgement of Consent," should remain "EPA Acknowledgement of Consent." 

•
 •	 At 40 CFR 262.53(b), 262.54(g)(1), 262.55 and 262.56(a)&(b)-the notification of intent to export,
 

notification of a change in the original consignee, exception reports and the annual exporter 

reports must be sent to the specified office within EPA. The State can request that copies also 

be sent to it. 

•	 At 40 CFR 262.54(i) and 263.20(g)(4)~ a copy ofthe manifest must be delivered to the U.S. 

customs official at the point the hazardous materials leaves the U.S. States can request a copy. 

•	 At 264.12(a), the notification must be sent to the EPA Regional Administrator. (Note, this 

provision is not addressed by Revision Checklist 31.) 

2) Hazardous wastes, identified or listed by the State as part of its authorized program which are broader in 

scope (not in the Federal universe), are not SUbject to the export regulations. 

3) EPA moved the farmer exemption from §262.50 to §262.70 in this checklist. However, the Agency failed to 

modify a number of other sections in the CFR which refer to the farmer exemption by section. This is 

subsequently corrected in Revision Checklist 48 (53 FR 27164, July 19, 1~88). States are encouraged to 

simultaneously modify their code to reflect both the modification of the farmer exemption addressed by this 

checklist and the technical corrections addressed in Checklist 48. 

•
 
l 

SPA 12 

4) On September 4, 1991 (56 FR 43704; Revision Checklist 97) a technical correction was published that ()

changed the Office to which the notification of intent to export and the annual report on export activities must be
 

sent. States that have not yet adopted Revision Checklist 31 are strongly encouraged to adopt those technical
 

corrections at the same time the Revision Checklist 31 provisions are adopted. States already authorized for
 

Revision Checklist 31 should adopt the technical corrections as soon as possible.
 

STATE ANALOG IS:
 

ANALOGOUS EQUIV- MORE BROADER
 

FEDERAL REQUIREMENT FEDERAL RCRA CITATION I STATE CITATION I ALENT ISTRINGENT I IN SCOPE
 

PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE WAC 173·303 

SUBPART A - GENERAL 

SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY 

CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS 

,U.S. location of 

treatment or disposal 261.5(f)(3) 070(8)(b)(iii) X 

U.S. location of
 

treatment or disposal 261.5(9)(3) 070(8)(b)(iii) X
 

REQUIREMENTS FOR RECYCLABLE MATERIALS
 

export of industrial
 

ethyl alcohol 261.6(a) (3)(i) 230(1) & 120(2)(a)(i) 
 o 

. PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE 

SUBPART D - RECORDKEEPING AND REPORTING 

SUBPART E - EXPORTS OF HAZARDOUS WASTE 

o
 

August 8, 1986 - Page 2 of 6 C131.12 -7/23/92 [Printed: 6/13/96] 
NOTIFICATION OF INTENT TO EXPORT 

contents of
 

notification 262.53(a) 230(1) x
 

office to notify 262.53(b) 230(1) X
 

changes in original
 

notification 262.53 (c) 230(1)
 x 

additional information 262.53(d) 230(1) X
 

EPA notification
 

to receiving and
 

EPA notification to
 

transit countries 262.53(e) 230(1) x
 

primary exporter 262.53(f) 230(1) x
 

• 

SPECIAL MANIFEST REQUIREMENTS 

August 8, 1986 - Page 3 of 6 CL.31.12 -7/23/92 [Printed: 6/13/96] 
---~

INTERNATIONAL AGREEMENTS 

new section 

reserved 262.58 

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August 8, 1986 - Page 4 of 6 Cl31.12 -7/2:3/92 [Printed: 6/13/96] 
,.
 

• 

SPA 12 

RCRA REVISION CHECKLIST 31: Exports of Hazardous Waste (cont'd) 

STATE ANALOG IS: 

ANALOGOUS EQUIV- MORE BROADER 

FEDERAL REQUIREMENT FEDERALRCRA CITATION STATE CITATION I ALENT 

STRINGENT I IN SCOPE 

SUBPART F -IMPORTS OF'HAZARDOUS WASTE 

IMPORTS OF HAZARDOUS WASTE 

applicability 262.60(a) x 

manifest requirements 262.60(b) 

obtaining manifest 262.60(c) 230(2) 

SUBPART G - FARMERS 

• 

FARMERS
 

provisions for
 

variance 262.70 230(3)(b) & 600(3)(f) 
 

160(2)(b) 

APPENDIX TO PART 262 

UNIFORM HAZARDOUS WASTE MANIFEST AND INSTRUCTIONS
 

(EPA Forms 8700-22 and 8700-22A)
 

uniform manifest .
 

instructions 8700-22 Appendbe 180(1)
 

PART 263 - TRANSPORTERS 

SUBPART B - COMPLIANCE WITH THE MANIFEST AND RECORDKEEPING 

THE MANIFEST SYSTEM
 

conditions for accepting exported waste 263.20(a) 230(1) & 240(3)(a)
 z 

EPA Acknowledgment
 

of Consent 263.20(c) 230(1) & 240(3)(a) z
 

variance for
 

water transporters 263.20(e)(2) 230(1) & 240(3)(a) X
 

variance for
 

• 

rail transporters 263.20(0(2) 230(1) & 240(3)(a) X 

August 8, 1986 - Page 5 of 6 CL31.12 - 7/23/92 [Printed: 6/13/96] 
SPA 12

RCRA REVISION CHECKUST 31: Exports of Hazardous Waste (cont'd) () 

FEDERAL REQUIREMENT 

STRINGENT I 

copy to generator 

copy to Custom 

official 

FEDERAL RCRA CITATION 

IN SCOPE 

263.20(g){3) 

263.20(g) (4) 

ANALOGOUS 

STATE CITATION 

250(9){c) 

230(1) & 240(3) (a) 

EQUIVI ALENT 

x 

z 

STATE ANALOG IS: 

MORE BROADER 

o 

August 8, 1986 - Page 6 of 6 C1.31.12.7/2:3/92 [Printed: 6{13{96]