April 17, 2020

New Guidance on EPA’s Objections to Hazardous Waste Imports

EPA’s RO 14923 provides a look at how the agency accepts or objects to hazardous waste imports. The agency’s hazardous waste import/export notice and consent program is responsible for processing notices of intent to import (NOIs) hazardous waste from foreign countries. NOIs are required for any hazardous waste imported from countries with which the United States has a relevant international agreement, including the Organization for Economic Cooperation and Development (OECD) council decision for the transboundary movement of hazardous wastes and bilateral agreements with Canada and Mexico. The agency maintains websites providing information to hazardous waste importers and exporters, including a list of import/export FAQs. RCRA’s import/export regulations are found in Part 262, Subpart H.

EPA reviews the NOI to determine if the U.S. receiving facility can properly and safely manage the imported hazardous waste. The agency may object to an NOI based on criteria included in RO 14923 or, if EPA consented to the import but additional evidence triggers the criteria for objection, the agency may withdraw its consent to the NOI. Objection criteria include:

The NOI does not provide all of the information required under §262.84 or the applicable international agreement;
The import of the waste is prohibited under a U.S. federal statute;
The hazardous waste is not included in the receiving facility’s permit or interim status authorization;
The receiving facility is not in interim status or is operating without a required RCRA permit;
The receiving facility’s owner, operator, or parent corporation has been convicted under the criminal provisions of an environmental statute within a year of notification, where such criminal activity calls into question the ability of the facility to properly and safely manage the hazardous waste; and
EPA has received information demonstrating the receiving facility cannot properly and safely manage the intended import (e.g., a leak at the intended storage facility poses an imminent and substantial endangerment).

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This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.