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EPA/SWER

RIN: 2050-AE93

Publication ID: Fall 2008

Title: Revisions to the Requirements for Transboundary Shipments of Wastes Destined for Recovery Between the U.S. and Other OECD Countries and for Export Shipments of Spent Lead Acid Batteries
Abstract: The Agency is considering amending the existing regulation under the Resource Conservation and Recovery Act (RCRA) regarding the transboundary movement of hazardous waste among countries belonging to the Organization for Economic Cooperation and Development (OECD), as specified in 40 CFR 262 subpart H. Proposed regulatory changes under consideration include, but are not limited to, reducing the number of control levels, exempting qualifying shipments sent for laboratory analysis from certain paperwork requirements, requiring recovery facilities to submit a certificate of recovery, and adding provisions for the return or re-export of wastes subject to Amber control procedures under the OECD framework. These amendments would implement revisions that the OECD made to both its framework for hazardous waste transboundary movements between member countries and to its waste lists. The revisions were adopted by the OECD to create a more streamlined, uniform system for exports and imports, resulting in a more efficient international recycling market and increased recycling among the member countries. Since the United States supported the 2001 Decision and is a party to the OECD, the United States is legally obligated to implement these changes within its domestic regulations. Besides addressing the amendments adopted by the OECD in 2001 and 2004, the Agency may also seek to clarify certain existing provisions in subpart H that were identified as potentially ambiguous to the regulated community. In addition to the OECD amendments, the Agency is considering amending the regulations under RCRA regarding the transboundary movements of spent lead-acid batteries being reclaimed, as specified in 40 CFR part 266 subpart G. Currently, spent lead-acid batteries destined for export/reclamation are not subject to the export notification and consent requirements specified in 40 CFR part 262. Allowing the export of spent lead-acid batteries without prior notice and consent of the receiving country is not consistent with widely-accepted international practices. These proposed amendments would require appropriate notice and consent for those batteries intended for export/reclamation. EPA is considering amending the current regulations in the interest of harmonizing them with both the amendments adopted by the OECD in 2001 and EPAs existing export requirements for RCRA Universal Waste.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 262 subpart H (Revision) 40 CFR 262.58 40 CFR 264.12(a)(2) 40 CFR 265.12(a)(2) 40 CFR 266.80(a) 40 CFR 262.55 40 CFR 262.60(e) 40 CFR 264.71(a)(e) 40 CFR 265.71 (a)(e)
Legal Authority: 42 USC 6901 et seq

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	10/06/2008	73 FR 58388
NPRM Comment Period End	12/05/2008
Final Action	12/00/2009

Additional Information: NPRM-http://www.epa.gov/fedrgstr/EPA-WASTE/2008/October/Day-06/f22536.pdf; SAN No. 4606; EPA Docket information: EPA-HQ-RCRA-2005-0018
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Laura Coughlan Environmental Protection Agency Solid Waste and Emergency Response 1200 Pennsylvania Avenue NW, Mail Code 5304P, Washington, DC 20460 Phone:703 308-0005 Fax:703 308-0514 Email: coughlan.laura@epa.gov Frank McAlister Environmental Protection Agency Solid Waste and Emergency Response 5304P, Washington, DC 20460 Phone:703 308-8196 Fax:703 308-0514 Email: Mcalister.Frank@epa.gov