Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter H - TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE FOR RECOVERY WITHIN THE OECD › Section 11-262-83 - Notification and consent

Current through June, 2024
(a) Applicability.
				  Consent must 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 subsection (b);
				  hazardous wastes subject to red-list controls are subject to the requirements
				  of subsection (c); and wastes not identified on any list are subject to the
				  requirements of subsection (d).
(b)
				  Amber-list wastes. The export from the United States of hazardous wastes as
				  described in section 11-262-80(a) that appear on the amber list is prohibited
				  unless the notification and consent requirements of paragraph (b)(1) or
				  paragraph (b)(2) are met.
(1) Transactions
				  requiring specific consent:
(i) Notification.
				  At least 45 days prior to commencement of the transfrontier movement, the
				  notifier must provide written notification in English of the proposed
				  transfrontier movement to the Office of Enforcement and Compliance Assurance,
				  Office of Compliance, Enforcement Planning, Targeting and Data Division
				  (2222A), United States Environmental Protection Agency, 401 M St., SW.,
				  Washington, DC 20460, with the words "Attention: OECD Export Notification"
				  prominently displayed on the envelope. This notification must include all of
				  the information identified in subsection (e). 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.
(ii)
				  Tacit consent. If no objection has been lodged by any concerned country (i.e.,
				  exporting, importing, or transit countries) to a notification provided pursuant
				  to subparagraph (b)(1)(i) 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.
(iii) 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.