R 299.9309 Exports of hazardous waste.

Rule 309. 

(1)  Any person who exports hazardous waste to a foreign country shall comply with 40 C.F.R. part 262, subpart E, except 40 C.F.R. §§262.54 and 262.55.

(2)  A primary exporter shall comply with the manifest requirements of R 299.9304, except as follows:

            (a)  In place of the name, site address, and site identification number of the designated permitted facility, the primary exporter shall enter the name and site address of the consignee.

            (b)  In place of the name, site address, and site identification number of the permitted alternate facility, the primary exporter may enter the name and site address of any alternative consignee.

            (c)  In the international shipments block, the primary exporter shall check the export box and enter the point of exit, both city and state, from the United States.

            (d)  The following statement shall be added to the end of the first sentence of the certification set forth on the manifest form:  "and conforms to the terms of the attached EPA acknowledgement of consent."

            (e)  The primary exporter shall require the consignee to confirm, in writing, the delivery of the hazardous waste to that facility and to describe any significant discrepancies, as defined in R 299.9608, between the manifest and the shipment.  A copy of the manifest signed by such facility may be used to confirm delivery of the hazardous waste.

            (f)  In place of the requirements of R 299.9304(1)(e), where a shipment cannot be delivered for any reason to the designated or alternate consignee, the primary exporter shall do either of the following:

                        (i)  Renotify EPA of a change in the conditions of the original notification to allow shipment to a new consignee pursuant to 40 C.F.R. §262.53(c) and obtain an EPA acknowledgement of consent before delivery.

                        (ii)  Instruct the transporter to return the waste to the primary exporter in the United States or designate another facility within the United States and instruct the transporter to revise the manifest pursuant to the primary exporter's instructions.

            (g)  The primary exporter shall attach a copy of the EPA acknowledgement of consent to the shipment to the manifest which shall accompany the hazardous waste shipment.  For exports by rail or bulk water shipment, the primary exporter shall provide the transporter with an EPA acknowledgement of consent which shall accompany the hazardous waste, but which need not be attached to the manifest, except that for exports by bulk water shipment, the primary exporter shall attach the copy of the EPA acknowledgement of consent to the shipping paper.

            (h)  The primary exporter shall provide the transporter with an additional copy of the manifest for delivery to the United States customs official at the point the hazardous waste leaves the United States pursuant to 40 C.F.R. §263.20(g)(4).

(3)  In place of the requirements of R 299.9308(3), a primary exporter shall file an exception report with the administrator and director if any of the following occurs:

            (a)  The exporter has not received a copy of the manifest signed by the transporter stating the date and place of departure from the United States within 45 days from the date the manifest was accepted by the initial transporter.

            (b)  Within 90 days from the date the waste was accepted by the initial transporter, the primary exporter has not received written confirmation from the consignee that the hazardous waste was received.

            (c)  The waste is returned to the United States.

(4)  The provisions of 40 C.F.R. part 262, subpart E, except 40 C.F.R. §§262.54 and 262.55, are adopted by reference in R 299.11003.