‘‘(7) provides resources for reviewing and up-
dating the regulatory program, inspecting regulated
facilities, and enforcing applicable requirements of
the regulatory program.
In determining whether a regulatory program satisfies the
criteria in this subsection, the Administrator shall not give
extra territorial application to the laws of the United
States but shall consider the statutes, regulations, per-
mits, certificates of approval and other regulatory author-
izations of the party to the agreement, or political subdivi-
sion thereof, as well as the operating procedures of the
treatment and disposal facilities within that jurisdiction
receiving a hazardous or additional waste exported from
the United States.
‘‘(d) PROHIBITIONS.—Notwithstanding the provi-
sions of subsections (a), (b), and (c), it shall be unlawful
to—
‘‘(1) export hazardous or additional waste pur-
suant to subsection (a) if the exporter knows or has
reason to know that such waste will not be managed
in an environmentally sound manner within the
meaning of subsection (c) and in accordance with
the laws of the importing and transit countries and
political subdivisions thereof;
‘‘(2) import hazardous or additional waste pur-
suant to subsection (a) if the importer knows or has
reason to know that such waste will not be managed
in accordance with applicable Federal, State, and
tribal law;
‘‘(3) export hazardous or additional waste pur-
suant to subsection (b) if the exporter knows or has
reason to know that such waste will not be managed
according to the technical conditions respecting
waste management contained in the contract and the
notification and consent required by subsection
12004(b); or
‘‘(4) import hazardous or additional waste pur-
suant to subsection (b) if the importer knows or has
reason to know that such waste will not be managed
as specified in the contract and the notification and
consent required by subsection 12005(b).
‘‘SEC. 12004. REQUIREMENTS FOR EXPORT OF HAZARDOUS
AND ADDITIONAL WASTE.
‘‘(a) IN GENERAL.—After 6 months after the date
of promulgation of the regulations provided for under sec-
tion 12007(a) or 24 months after the enactment of this
subtitle, whichever is earlier, exports of any hazardous or
additional waste made pursuant to subsection 12003 shall
be subject to the requirements of this section and any reg-
ulations promulgated to implement this subtitle.
‘‘(b) PRE-EXPORT REQUIREMENTS.—Prior to ex-
porting hazardous or additional waste from the United
States—
‘‘(1) the exporter shall provide written notice of
the proposed export to the Administrator, which
shall contain—
‘‘(A) copy of the technical provisions relat-
ing to waste management contained in an exe-
cuted written contract between the importer
and exporter that specifies: (i) the method by
which the hazardous or additional waste will be
managed, (ii) a summary description of the de-
sign and operation of the facilities at which
such waste will be treated, stored, and disposed
of, and (iii) that such waste will be managed in
an environmentally sound manner within the
meaning of section 12003(c); and
‘‘(B) sufficient information for the govern-
ment of the importing country and all transit
countries to make an informed decision as to
whether to accept the proposed export;
‘‘(2) the Administrator shall forward such no-
tice, through the Secretary of State, to the govern-
ment of the importing country and all transit coun-
tries; and
‘‘(3) the Administrator shall obtain the written
consent of the government of the importing country
and all transit countries.
‘‘(c) WASTE TRACKING.—The exporter of any haz-
ardous or additional waste shall be subject to regulations
promulgated by the Administrator to assure that the ex-
porter receives documentation from the facility specified
in the contract as authorized to receive such waste in the
importing country for ultimate treatment or disposal and
that the exporter provides a copy of such documentation
to the Administrator within 30 calendar days after the
date of delivery to such facility. The Administrator shall
promulgate regulations under this subsection within 90
days after the enactment of this section.
‘‘(d) FAILURE OF DELIVERY.—Unless the Adminis-
trator receives notice under subsection (c) within 30 cal-
endar days after the date specified in the contract or ship-
ment manifest for delivery of the waste to the facility spec-
ified in the contract as authorized to receive such waste
in the importing country for ultimate treatment or dis-
posal or if the Administrator receives evidence from any
source establishing that a shipment of hazardous or addi-
tional waste has not been delivered to the facility des-
ignated or managed as specified in the notice, consent and
contract, the exporters and generators of such waste shall,
within 10 days after the exporter receives notice of such
evidence from the Administrator, or 10 days after the ex-
piration of such 30-day period, whichever is sooner, pro-
vide evidence to the Administrator that the shipment has
been delivered to the facility designated or managed as
so specified. Unless such evidence is provided within such
10-day period, the exporters and generators shall, within
15 days after such 10-day period, accept legal and finan-
cial responsibility for—
‘‘(1) arranging for the acceptance of the haz-
ardous or additional waste by an alternative facility
and delivering the hazardous or additional waste to
that facility in compliance with all requirements of
this subtitle, or
‘‘(2) returning the hazardous or additional
waste to the United States in compliance with all re-
quirements of this subtitle and any applicable State,
tribal and Federal laws.
‘‘(e) DOCUMENTS.—The exporter shall ensure that
all required documents have been properly executed and
that such documents accompany the hazardous or addi-
tional waste to the importing facility.
‘‘(f) FINANCIAL
RESPONSIBILITY.—The exporter
shall comply with any financial responsibility requirements
promulgated by the President. The exporter shall also
comply with any bonding, insurance, guarantee, and other
financial responsibility requirements of the importing and
transit countries.
‘‘(g) REGULAR SHIPMENTS.—The President may,
subject to the written consent of the importing and transit
countries, allow the exporter to use a general notification
and consent procedure where hazardous or additional
wastes having the same physical and chemical characteris-
tics are shipped regularly to the same disposer via—
‘‘(1) the same customs office of exit in the
United States;
‘‘(2) the same customs office of entry in the im-
porting country; and
‘‘(3) the same customs offices of entry and exit
in any transit countries.
Such general notification and consent may cover multiple
shipments of hazardous or additional wastes during a pe-
riod of no more than 12 months.
‘‘(h) WASTE MINIMIZATION.—To the extent required
by section 3002 of this title and the Pollution Prevention
Act of 1990, generators of hazardous or additional waste
exporting such waste shall minimize the generation of such
waste and document such efforts.
‘‘SEC. 12005. REQUIREMENTS FOR IMPORT OF HAZARDOUS
AND ADDITIONAL WASTE.
‘‘(a) OTHER APPLICABLE LAWS.—Imports of any
hazardous or additional waste into the United States made
pursuant to subsection 12003(b) shall be subject to the
requirements of this section, all other applicable State,
tribal and Federal laws, and any regulations promulgated
to implement the requirements of this subtitle unless such
wastes are imported into the United States for transit
through the United States to another country in accord-
ance with section 12006.
‘‘(b) PRE-IMPORT REQUIREMENTS.—Prior to import-
ing hazardous or additional wastes into the United
States—
‘‘(1) the importer shall provide to the Adminis-
trator a written notice of the proposed export from
the government of the exporting country obtained
through the Secretary of State, which shall con-
tain—
‘‘(A) a copy of the technical provisions re-
garding waste management contained in an exe-
cuted written contract between the importer
and exporter that specifies (i) the method by
which the hazardous or additional waste will be
managed; and (ii) that such waste will be man-
aged in accordance with applicable State, tribal
and Federal laws; and
‘‘(B) sufficient information for the Presi-
dent to make an informed decision as to wheth-
er to accept the proposed import; and
‘‘(2) the importer must obtain the written con-
sent of the President to the import of such waste.
‘‘(c) WASTE TRACKING.—The importer of any haz-
ardous or additional waste shall be subject to regulations
promulgated by the Administrator to assure that the ex-
porter receives documentation from the facility specified
in the contract as authorized to receive such waste in the
United States for ultimate treatment or disposal and that
the importer provides a copy of such documentation to the
Administrator within 30 calendar days after the date of
delivery to such facility. The Administrator shall promul-
gate regulations under this subsection within 90 days after
the enactment of this section.
‘‘(d) FAILURE TO DELIVER.—If the importer fails to
deliver the hazardous or additional waste to the facility
designated in the notification, consent and contract, the
importer shall be legally and financially responsible for—
‘‘(1) delivering such waste to an alternative fa-
cility in compliance with all requirements of this
subtitle and with applicable State, tribal, and Fed-
eral laws; or
‘‘(2) returning such waste to the exporting
country in compliance with all requirements of this
subtitle.
‘‘(e) DOCUMENTS.—The importer shall ensure that
all required documents have been properly executed and
that the documents accompany the hazardous or addi-
tional wastes to the importing facility.
‘‘(f) FINANCIAL
RESPONSIBILITY.—The importer
shall comply with any financial responsibility requirements
promulgated by the President. The importer shall also
comply with any bonding, insurance, guarantee, and other
financial responsibility requirements of the exporting and
transit countries.
‘‘(g) REGULAR SHIPMENTS.—The President may,
subject to the written consent of the exporting and transit
countries, allow the importer to use a general notification
and consent procedure where hazardous or additional
wastes having the same physical and chemical characteris-
tics are shipped regularly to the same disposer via—
‘‘(1) the same customs office of exit in the ex-
porting country;
‘‘(2) the same customs office of entry in the
United States; and
‘‘(3) the same customs offices of entry and exit
in any transit countries.
Such general notification and consent may cover multiple
shipments of hazardous or additional wastes during a pe-
riod of no more than 12 months.
‘‘SEC. 12006. REQUIREMENTS OF TRANSIT THROUGH THE
UNITED STATES.
‘‘(a) COVERAGE.—All imports of hazardous or addi-
tional wastes into the United States solely for purposes
of transit through the United States to another country,
shall be subject to the requirements of this section and
the requirements of section 12005 shall not apply to any
such imports.
‘‘(b) PROHIBITION.—No person may import hazard-
ous or additional wastes into the United States for transit
through the United States to another country without the
prior written consent of the President.
‘‘(c) PRE-IMPORT REQUIREMENTS.—Prior to import-
ing hazardous or additional wastes into the United States
for transit, the person responsible for such transit shall
provide to the President—
‘‘(1) a written notice from the government of
the exporting country obtained through the Sec-
retary of State, notifying the United States of the
proposed export and requesting consent to the tran-
sit of the specified wastes through the United
States;
‘‘(2) copies of the consent to transit of any
other transit countries for the specified wastes; and
‘‘(3) a copy of the consent to import granted by
the country in which final disposal of the specified
wastes will occur.
‘‘(d) CONSENT
TO TRANSIT.—The President may
consent to the import of hazardous or additional waste
into the United States solely for purposes of transit only
upon a finding that, during transit, such waste will be
managed in an environmentally sound manner.
‘‘(e) WASTE TRACKING.—The United States im-
porter and United States exporter of any hazardous or ad-
ditional waste subject to this section shall be subject to
regulations promulgated by the Administrator to assure
that such importer and exporter both receive documenta-
tion from the importer in the next country to which such
waste is transferred and that both the United States im-
porter and the United States exporter provide a copy of
such documentation to the Administrator within 30 cal-
endar days after the date of delivery to such next im-
porter. The Administrator shall promulgate regulations
under this subsection within 90 days after the enactment
of this section. Upon completion of transit through the
United States, the person responsible for such transit shall
provide a notice of completion to the Administrator.
‘‘SEC. 12007. AUTHORITIES OF THE PRESIDENT AND THE
ADMINISTRATOR.
‘‘(a) AUTHORITY TO PROMULGATE REGULATIONS.—
(1) Not later than 12 months after the date of enactment
of this subtitle, the President shall promulgate any regula-
tions necessary to implement the requirements of this sub-
title, including the requirements applicable to bilateral,
multilateral, or regional agreements referred to in this
subtitle. Such regulations shall include, at a minimum,
provisions for: notification, tracking, manifesting, packag-
ing, labelling, reporting, recordkeeping, financial respon-
sibility, transportation, enforcement and information re-
quired to be included in contracts.
‘‘(2) Such regulations shall be effective 60 days after
the date of promulgation.
‘‘(3) No exports shall take place pursuant to nego-
tiated new bilateral, multilateral, or regional agreements
entered into under section 12003(b) unless the Adminis-
trator has promulgated such regulations.
‘‘(b) AUTHORITY TO PROHIBIT EXPORTS AND IM-
PORTS.—As required to fulfill the obligations of the
United States under the Basel Convention, the President
shall issue an order prohibiting by particular source, ship-
ment, or class—
‘‘(1) exports of hazardous or additional waste
from the United States where the President has rea-
son to believe the waste to be exported would not be
managed in an environmentally sound manner, not-
withstanding the consent of the importing country or
other entity or the existence of a bilateral or regional
agreement between the United States and the im-
porting country;
‘‘(2) imports of hazardous or additional waste
into the United States where the President has rea-
son to believe such imports or the subsequent man-
agement of such wastes would be in violation of ap-
plicable State, tribal or Federal laws;
‘‘(3) exports from or imports into the United
States of hazardous or additional wastes where the
President has reason to believe that the shipment(s)
involved may not proceed in accordance with—
‘‘(A) the contract specified in subsection
12004(b) or subsection 12005(b), or
‘‘(B) any requirements of the bilateral or
regional agreements between the countries; or
‘‘(4) exports from or imports into the United
States of hazardous or additional waste where such
exports or imports would otherwise be inconsistent
with the international obligations of the United
States.
Such orders shall be immediately effective. However, the
President shall conduct a hearing if, within 30 days of
issuance of the order, any person or persons named there-
in or affected by the order submits written notification re-
questing a hearing. Following the hearing, the President,
upon a determination that the order was not warranted,
may modify or reissue the order. The proscribed exports
or imports may not proceed during the pendency of any
administrative hearing or judicial proceeding challenging
an order by the President pursuant to this subsection. Ju-
dicial review of such orders shall be limited to the adminis-
trative record.
‘‘(c) INSPECTIONS.—If, after a review of the notice
of intent to export and other information concerning the
management of hazardous or additional waste in the im-
porting country, the President determines that there is
substantial evidence that the hazardous or additional
waste would not be managed in an environmentally sound
manner, within the meaning of section 12003(c), the
President may, before issuing an order prohibiting the ex-
port, request the exporter or the owner or operator of the
treatment or disposal facility receiving the waste to—
‘‘(1) arrange for the President to inspect the
receiving facility for the purpose of assessing the ca-
pability of the facility to manage hazardous or addi-
tional waste in an environmentally sound manner,
within the meaning of 12003(c); and
‘‘(2) demonstrate that the receiving facility has
operated in substantial compliance with the regu-
latory program described in section 12003(c) and in
a manner which indicates that the waste to be ex-
ported will be managed in accordance with the appli-
cable requirements of the program.
‘‘(d) EMERGENCY ORDERS.—Notwithstanding any
other authorities provided by this subtitle, the President
may issue an emergency order to prohibit the export or
import of hazardous or additional wastes by particular
source, shipment, or class from or to a specific country
for a period not to exceed 60 days—
‘‘(1) if the President has reason to believe that
the export or import may present an imminent and
substantial endangerment to health or the environ-
ment within or outside the United States, or
‘‘(2) if the government of an importing or ex-
porting country submits a request to the President
for emergency action in support of that country’s en-
forcement efforts related to the export or import of
hazardous or additional waste.
There shall be no judicial review of such emergency order
except in the context of an action brought by the Attorney
General to enforce such order. The President shall have
the authority to extend the emergency order after notice
and opportunity for a hearing for a period not to exceed
an additional 90 calendar days, except that in the case
of an imminent and substantial endangerment, the order
shall be effective until the President determines that the
endangerment is no longer imminent. Any extension of the
initial emergency order shall be subject to judicial review,
and such review shall be limited to the administrative
record.
‘‘(e) AUTHORITY TO CONTROL HAZARDOUS AND AD-
DITIONAL WASTE EXPORTS THAT ARE NOT DELIV-
ERED.—Whenever any exporter or generator of hazardous
or additional waste fails or refuses to commence taking
actions specified in section 12004(d) within the period
specified in section 12004(d), or whenever the Adminis-
trator receives notice that a shipment has not been deliv-
ered to the facility designated, or managed as specified
in the notice, consent or contract, the Administrator shall
perform the actions required by subsection 12004(d). The
Administrator shall provide notice to the appropriate ex-
porters or generators. The exporters or generators shall
be liable for all costs incurred by the Administrator in ar-
ranging for or conducting such disposition, including but
not limited to—
‘‘(1) any liability resulting from the treatment,
storage, or disposal of the wastes;
‘‘(2) costs of arranging for or conducting trans-
portation, storage, and disposal of the waste; and
‘‘(3) attorney’s fees incurred by the United
States in seeking recovery of its costs.
The United States may recover all such costs and fees
from the exporters or generators in the United States Dis-
trict Court for the district in which the cost was incurred,
or in which any of the exporters or generators reside or
have their principal place of business, or in the District
of Columbia.
‘‘(f) AUTHORITY TO DESIGNATE PORTS.—The Ad-
ministrator may by regulation limit or restrict to specifi-
cally designated ports in the United States shipments of—
‘‘(1) particular hazardous or additional wastes
for export or import, or
‘‘(2) all hazardous or additional waste for ex-
port or import.
‘‘SEC. 12008. ANTARCTIC TREATY AREA AND NATIONS WITH
IMPORT BAN.
‘‘(a) PROHIBITIONS.—
‘‘(1) ANARCTIC TREATY AREA.—It shall be un-
lawful for any person to export hazardous or addi-
tional waste for treatment, incineration, storage, dis-
posal or recycling to any location south of 60 de-
grees south latitude.
‘‘(2) NATIONS WITH IMPORT PROHIBITIONS.—It
shall be unlawful for any person to export hazardous
or additional waste from the United States to any
other country in violation of any provision of law in
effect in that country prohibiting the entry of such
waste into that country.
‘‘(b) SAVINGS PROVISION.—Nothing in this section
shall be construed as contravening or superseding—
‘‘(1) any obligations under any international
treaty, convention, or agreement if such treaty, con-
vention, or agreement is in force with respect to the
United States on the date of enactment of this sub-
title, and if it is compatible with the environmentally
sound management of hazardous or additional
waste, or
‘‘(2) the provisions of any statute which imple-
ments any such treaty, convention, or agreement.
‘‘SEC. 12009. REPORTING.
‘‘Effective in the calendar year following the effective
date of regulations promulgated pursuant to this subtitle,
all persons who export or import hazardous or additional
waste under this subtitle shall report no later than March
1 of each calendar year to the Administrator summarizing
the types, quantities, frequency, routes, ultimate destina-
tion, and any known disposition of all such hazardous and
additional wastes that were exported or imported or for
which notice to export or import was given during the pre-
ceding calendar year, and any such information that the
Administrator may require pursuant to such regulations.
‘‘SEC. 12010. FEES.
‘‘The President shall promulgate and revise regula-
tions establishing fees to be paid by persons who export
or import any hazardous or additional wastes. Such fees
shall be established at such level as the President esti-
mates to be necessary to recover all reasonable costs in-
curred by all departments, agencies, and instrumentalities
of the United States in carrying out the new requirements
of this subtitle. Fees collected under this section shall be
deposited as miscellaneous receipts in the United States
Treasury and shall be available, subject to annual appro-
priation to the departments, agencies, and instrumental-
ities of the United States carrying out the requirements
of this subtitle.
‘‘SEC. 12011. FEDERAL ENFORCEMENT.
‘‘The provisions of this subtitle shall be enforced in
accordance with section 3008 of this Act.
‘‘SEC. 12012. EFFECTIVE DATE.
‘‘Except as otherwise provided, the provisions of this
subtitle shall take effect on the date of enactment of the
Waste Export and Import Control Act of 1994.’’.
(b) OBJECTIVES AND NATIONAL POLICY.—Section
1003(a) of the Solid Waste Disposal Act is amended—
(1) by striking out ‘‘and’’ at the end of para-
graph (10);
(2) by striking out the period at the end of
paragraph (11) and inserting in lieu thereof ‘‘; and’’;
and
(3) by adding at the end the following new
paragraph:
‘‘(12) assuring that the export from and import
into the United States of hazardous and additional
wastes is undertaken in compliance with the provi-
sions of the Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes
and Their Disposal.’’.
(c) RETENTION OF EXISTING AUTHORITY.—Section
3017 of the Solid Waste Disposal Act and all regulations
promulgated pursuant to that section, shall remain effec-
tive for hazardous wastes exported or imported under sub-
section 12003(a) of that Act. No exports shall take place
pursuant to negotiated new bilateral, multilateral, or re-
gional agreements under section 12003(b) of that Act un-
less the Administrator has promulgated regulations pursu-
ant to section 12007 of that Act.
(d) CONFORMING AMENDMENTS.—(1) The table of
contents of the Solid Waste Disposal Act is amended to
add the following new items after the items relating to
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.’’.
(2) Section 3017(f) of the Solid Waste Disposal Act
is amended to read as follows:
‘‘(f) ADDITIONAL WASTE.—Effective on the date of
the enactment of subtitle K of this Act, the provisions of
this section shall be applicable to additional wastes identi-
fied under subtitle K, except that in the case of exports
or imports of additional waste identified under subtitle K
to or from any country with which the United States has
entered into a bilateral, multilateral, or regional agree-
ment regarding waste export and import that is in effect
on the date of enactment of subtitle K, such provisions
shall be effective 6 months after the date of the promulga-
tion of regulations under section 12007(a) of the Solid
Waste Disposal Act or 24 months after the date of enact-
ment of subtitle K of that Act, whichever is earlier.’’.
(3) Section 3017(h) of the Solid Waste Disposal Act
is amended by inserting ‘‘or under subtitle K’’ at the end
thereof.
(4) Section 3008 of the Solid Waste Disposal Act is
amended as follows:
(A) Insert ‘‘or subtitle K’’ after ‘‘this subtitle’’
wherever it appears in subsections (a) and (g).
(B) Insert ‘‘or, for violation of any requirement
of subtitle K, in the district in which the defendant
resides or maintains a principal place of business or
in the District of Columbia,’’ after ‘‘in which the vio-
lation occurred’’ in subsection (a).
(C) Insert ‘‘or under subtitle K or with bilateral
or regional agreements for the export or import of
hazardous or additional waste under subtitle K’’ in
subsections (d)(3) and (d)(4) before the semicolon at
the end.
(D) Insert ‘‘, imports’’ after ‘‘exports’’ in sub-
section (d)(4) and insert ‘‘or any hazardous or addi-
tional wastes under subtitle K’’ after ‘‘subtitle’’ the
first place it appears in subsection (d)(4).
(E) Amend subsection (d)(6) to read:
‘‘(6) knowingly exports or imports a hazardous
or additional waste, as those terms are defined in
subtitle K of this Act, in violation of (A) any re-
quirement of this subtitle, or any regulation promul-
gated thereunder, or (B) any requirement of a bilat-
eral or regional agreement, as those terms are de-
fined in subtitle K of this Act, entered into pursuant
to such subtitle; or’’.
(F) In subsection (e)—
(i) insert ‘‘or imports’’ after ‘‘exports’’;
and
(ii) insert ‘‘or any hazardous or additional
wastes under subtitle K’’ after ‘‘subtitle’’ the
second place it appears.
(G) Insert at the end thereof the following new
subsection:
‘‘(i) CIVIL ENFORCEMENT
OF EMERGENCY OR-
DERS.—Upon receipt of evidence that an export or import
may present an imminent and substantial endangerment
to health or the environment within or outside the United
States, or upon the receipt of a request by the government
of an importing or exporting country for emergency action
in support of that country’s enforcement efforts related
to the export or import of hazardous or additional wastes,
the President may bring suit on behalf of the United
States in the appropriate United States district court to—
‘‘(1) immediately restrain any person causing or
contributing to the alleged endangerment;
‘‘(2) enforce the order; or,
‘‘(3) take such other action as may be nec-
essary.’’.
Æ
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HR 3965 IH——3