North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-53 - Exports of hazardous waste

Current through Supplement No. 393, July, 2024
1. General
				export requirements. Except as provided in subdivisions e and f, exporters that
				have received an acknowledgment of consent from the environmental protection
				agency before December 31, 2016, are subject to that approval and the
				requirements listed in the acknowledgment of consent that existed at the time
				of that approval until such time the approval period expires. All other exports
				of hazardous waste are prohibited unless:
a.
				The exporter complies with the contract requirements in subsection 6;
b. The exporter complies with the
				notification requirements in subsection 2;
c. The exporter receives an acknowledgment of
				consent from the environmental protection agency documenting consent from the
				countries of import and transit (and original country of export if exporting
				previously imported hazardous waste);
d. The exporter ensures compliance with the
				movement documents requirements in subsection 4;
e. The exporter ensures compliance with the
				manifest instructions for export shipments in subsection 3; and
f. The exporter or a United States authorized
				agent:
(1) For shipments initiated prior to
				the automated export system filing compliance date, does one of the following:
(a) Submits electronic export information for
				each shipment to the automated export system or its successor system, under the
				international trade data system platform, in accordance with
				15
				CFR 30.4(b), and includes
				the following items in the electronic export information, along with the other
				information required under
				15 CFR
				30.6:
[1]
				Environmental protection agency license code;
[2] Commodity classification code for each
				hazardous waste per
				15 CFR
				30.6(a)(12);
[3] Environmental protection agency consent
				number for each hazardous waste;
[4] Country of ultimate destination code per
				15 CFR
				30.6(a)(5);
[5] Date of export per
				15 CFR
				30.6(a)(2);
[6] Resource Conservation and Recovery Act
				hazardous waste manifest tracking number, if required;
[7] Quantity of each hazardous waste in
				shipment and units for reported quantity, if required reporting units
				established by value for the reported commodity classification number are in
				units of weight or volume per
				15 CFR
				30.6(a)(15); or
[8] Environmental protection agency net
				quantity for each hazardous waste reported in units of kilograms if solid or in
				units of liters if liquid, if required reporting units established by value for
				the reported commodity classification number are not in units of weight or
				volume.
(b) Complies with
				a paper-based process by:
[1] Attaching paper
				documentation of consent (such as, a copy of the environmental protection
				agency acknowledgment of consent, international movement document) to the
				manifest, or shipping papers if a manifest is not required, which must
				accompany the hazardous waste shipment. For exports by rail or water (bulk
				shipment), the primary exporter shall provide the transporter with the paper
				documentation of consent which must accompany the hazardous waste but which
				need not be attached to the manifest except that for exports by water (bulk
				shipment) the primary exporter shall attach the paper documentation of consent
				to the shipping paper.
[2]
				Providing the transporter with an additional copy of the manifest, and
				instructing the transporter via mail, electronic mail or fax to deliver that
				copy to the United States customs official at the point the hazardous waste
				leaves the United States in accordance with paragraph 2 of subdivision d of
				subsection 7 of section
				33.1-24-04-04.
(2) For shipments initiated on or after the
				automated export system filing compliance date, submits electronic export
				information for each shipment to the automated export system or its successor
				system, under the international trade data system platform, in accordance with
				15
				CFR 30.4(b), and includes
				the following items in the electronic export information, along with the other
				information required under
				15 CFR
				30.6:
(a)
				Environmental protection agency license code;
(b) Commodity classification code for each
				hazardous waste per
				15 CFR
				30.6(a) (12);
(c) Environmental protection agency consent
				number for each hazardous waste;
(d) Country of ultimate destination code per
				15 CFR
				30.6(a)(5);
(e) Date of export per
				15 CFR
				30.6(a)(2);
(f) Resource Conservation and Recovery Act
				hazardous waste manifest tracking number, if required;
(g) Quantity of each hazardous waste in
				shipment and units for reported quantity, if required reporting units
				established by value for the reported commodity classification number are in
				units of weight or volume per
				15 CFR
				30.6(a)(15); or
(h) Environmental protection agency net
				quantity for each hazardous waste reported in units of kilograms if solid or in
				units of liters if liquid, if required reporting units established by value for
				the reported commodity classification number are not in units of weight or
				volume.