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| EPA/SWER | RIN: 2050-AE93 | Publication ID: Spring 2006 |
| Title: Revisions for Transboundary Shipments of Hazardous Waste for Recovery Within the Organization for Economic Cooperation and Development | |
| Abstract: The Agency is considering changing the existing regulation 40 CFR 262 Subpart H, which regulates transboundary movement of hazardous waste within all countries that are members of the Organization for Economic Cooperation and Development (OECD). This is in response to the fact that there is now approximately $30-40 billion in annual trade among developed countries in waste recyclables, with the U.S. having a positive trade balance. Because each of the developed countries (the OECD countries) had a different system for controlling the exports and imports of waste, including recyclables, the international recycling market was not as efficient as it could be. A more streamlined, uniform system for exports and imports will also increase recycling and lessen disposal. The U.S. was actively involved in the negotiation of a legally-binding OECD multilateral agreement to create a more streamlined system. OECD Member countries are then obligated to transfer the terms of the multilateral agreement to their domestic regulations in order for the multilateral agreement to have legal authority. This regulation would be amended to comply with changes passed by the OECD Council. Existing waste lists may be restructured to comply with the new OECD waste lists. As such, previously existing waste lists may be renamed according to adopted OECD terminology. Shipments of small waste amounts destined for laboratory analysis may be exempted from filing certain paperwork requirements that are otherwise required. A certificate of recovery may be required upon final recovery of wastes and timeframes for recovery operations may be changed to reflect the decisions made by the OECD Council. This needs to have a Federal solution because international exports and imports are overseen at the Federal level due to the foreign powers authority clause. Many alternatives were considered by government and industry during the intensive negotiations on the legally binding multilateral agreement, with the U.S. having a great deal of influence over which alternatives were in the final agreement. The Agency plans to codify the streamlining provisions of the OECD multilateral agreement, regulating exporters and importers of waste recyclables. Exporters and importers of waste recyclables will need to implement the international uniform procedures of the OECD multilateral agreement, however these costs will be less than would be needed to deal with different national export and import systems. In addition, some common existing export and import procedures were streamlined so that the new procedures are even more efficient than was common in the past. The benefits are greater administrative efficiency for U.S. exporters and importers in the international recycling market, and a lower level of waste disposal in the U.S. since there is more efficient access to other recycling markets. | |
| Agency: Environmental Protection Agency(EPA) | Priority: Other Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
| 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) | |
| Legal Authority: 42 USC 6901 et seq | |
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Legal Deadline:
None |
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Timetable:
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| Additional Information: 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 | |
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Agency Contact: Marc Thomas Environmental Protection Agency Solid Waste and Emergency Response 5303P, Washington, DC 20460 Phone:703 308-0023 Fax:703 308-0509 Email: thomas.marc@epa.gov Frank McAlister Environmental Protection Agency Solid Waste and Emergency Response 5304W, Washington, DC 20460 Phone:703 308-8196 Fax:703 308-0514 Email: mcalister.frank@epa.gov |
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