[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR262.53]

[Page 162-163]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE--Table of Contents
 
                  Subpart E--Exports of Hazardous Waste
 
Sec. 262.53  Notification of intent to export.

    (a) A primary exporter of hazardous waste must notify EPA of an 
intended export before such waste is scheduled to leave the United 
States. A complete notification should be submitted sixty (60) days 
before the initial shipment is intended to be shipped off site. This 
notification may cover export activities extending over a twelve (12) 
month or lesser period. The notification must be in writing, signed by 
the primary exporter, and include the following information:
    (1) Name, mailing address, telephone number and EPA ID number of the 
primary exporter;
    (2) By consignee, for each hazardous waste type:
    (i) A description of the hazardous waste and the EPA hazardous waste 
number (from 40 CFR part 261, subparts C and D), U.S. DOT proper 
shipping name, hazard class and ID number (UN/NA) for each hazardous 
waste as identified in 49 CFR parts 171 through 177;
    (ii) The estimated frequency or rate at which such waste is to be 
exported and the period of time over which such waste is to be exported.
    (iii) The estimated total quantity of the hazardous waste in units 
as specified in the instructions to the Uniform Hazardous Waste Manifest 
Form (8700-22);
    (iv) All points of entry to and departure from each foreign country 
through which the hazardous waste will pass;
    (v) A description of the means by which each shipment of the 
hazardous waste will be transported (e.g., mode of transportation 
vehicle (air, highway, rail, water, etc.), type(s) of container (drums, 
boxes, tanks, etc.));
    (vi) A description of the manner in which the hazardous waste will 
be treated, stored or disposed of in the receiving country (e.g., land 
or ocean incineration, other land disposal, ocean dumping, recycling);
    (vii) The name and site address of the consignee and any alternate 
consignee; and
    (viii) The name of any transit countries through which the hazardous 
waste will be sent and a description of the approximate length of time 
the hazardous waste will remain in such country and the nature of its 
handling while there;
    (b) Notifications submitted by mail should be sent to the following 
mailing address: Office of Enforcement and Compliance Assurance, Office 
of Compliance, Enforcement Planning, Targeting, and Data Division 
(2222A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. Hand-delivered notifications should be sent to: 
Office of Enforcement and Compliance Assurance, Office of Compliance, 
Enforcement Planning, Targeting, and Data Division (2222A), 
Environmental Protection Agency, Ariel Rios Bldg., 12th St. and 
Pennsylvania Ave., NW., Washington, DC. In both cases, the following 
shall be prominently displayed on the front of the envelope: 
``Attention: Notification of Intent to Export.''
    (c) Except for changes to the telephone number in paragraph (a)(1) 
of this section, changes to paragraph (a)(2)(v) of this section and 
decreases in the quantity indicated pursuant to paragraph (a)(2)(iii) of 
this section when the conditions specified on the

[[Page 163]]

original notification change (including any exceedance of the estimate 
of the quantity of hazardous waste specified in the original 
notification), the primary exporter must provide EPA with a written 
renotification of the change. The shipment cannot take place until 
consent of the receiving country to the changes (except for changes to 
paragraph (a)(2)(viii) of this section and in the ports of entry to and 
departure from transit countries pursuant to paragraph (a)(2)(iv) of 
this section) has been obtained and the primary exporter receives an EPA 
Acknowledgment of Consent reflecting the receiving country's consent to 
the changes.
    (d) Upon request by EPA, a primary exporter shall furnish to EPA any 
additional information which a receiving country requests in order to 
respond to a notification.
    (e) In conjunction with the Department of State, EPA will provide a 
complete notification to the receiving country and any transit 
countries. A notification is complete when EPA receives a notification 
which EPA determines satisfies the requirements of paragraph (a) of this 
section. Where a claim of confidentiality is asserted with respect to 
any notification information required by paragraph (a) of this section, 
EPA may find the notification not complete until any such claim is 
resolved in accordance with 40 CFR 260.2.
    (f) Where the receiving country consents to the receipt of the 
hazardous waste, EPA will forward an EPA Acknowledgment of Consent to 
the primary exporter for purposes of Sec. 262.54(h). Where the receiving 
country objects to receipt of the hazardous waste or withdraws a prior 
consent, EPA will notify the primary exporter in writing. EPA will also 
notify the primary exporter of any responses from transit countries.

[51 FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991; 61 
FR 16309, Apr. 12, 1996]