[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR262.85]

[Page 190-191]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 262_STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
--Table of Contents
 
Subpart H_Transfrontier Shipments of Hazardous Waste for Recovery within 
                                the OECD
 
Sec. 262.85  Contracts.

    (a) Transfrontier movements of hazardous wastes subject to amber or 
red control procedures are prohibited unless they occur under the terms 
of a valid written contract, chain of contracts, or equivalent 
arrangements (when the movement occurs between parties controlled by the 
same corporate or legal entity). Such contracts or equivalent 
arrangements must be executed by the notifier and the owner or operator 
of the recovery facility, and must specify responsibilities for each. 
Contracts or equivalent arrangements are valid for the purposes of this 
section only if persons assuming obligations under the contracts or 
equivalent arrangements have appropriate legal status to conduct the 
operations specified in the contract or equivalent arrangement.
    (b) Contracts or equivalent arrangements must specify the name and 
EPA ID number, where available, of:
    (1) The generator of each type of waste;
    (2) Each person who will have physical custody of the wastes;
    (3) Each person who will have legal control of the wastes; and
    (4) The recovery facility.
    (c) Contracts or equivalent arrangements must specify which party to 
the contract will assume responsibility for alternate management of the 
wastes if its disposition cannot be carried out as described in the 
notification of intent to export. In such cases, contracts must specify 
that:
    (1) The person having actual possession or physical control over the 
wastes will immediately inform the notifier and the competent 
authorities of the exporting and importing countries and, if the wastes 
are located in a country of transit, the competent authorities of that 
country; and
    (2) The person specified in the contract will assume responsibility 
for the adequate management of the wastes in compliance with applicable 
laws and regulations including, if necessary, arranging their return to 
the original country of export.
    (d) Contracts must specify that the consignee will provide the 
notification required in Sec. 262.82(c) prior to re-export of 
controlled wastes to a third country.
    (e) Contracts or equivalent arrangements must include provisions for 
financial guarantees, if required by the competent authorities of any 
concerned country, in accordance with applicable national or 
international law requirements.
    Note to paragraph (e): Financial guarantees so required are intended 
to

[[Page 191]]

provide for alternate recycling, disposal or other means of sound 
management of the wastes in cases where arrangements for the shipment 
and the recovery operations cannot be carried out as foreseen. The U.S. 
does not require such financial guarantees at this time; however, some 
OECD countries do. It is the responsibility of the notifier to ascertain 
and comply with such requirements; in some cases, transporters or 
consignees may refuse to enter into the necessary contracts absent 
specific references or certifications to financial guarantees.
    (f) Contracts or equivalent arrangements must contain provisions 
requiring each contracting party to comply with all applicable 
requirements of this subpart.
    (g) Upon request by EPA, U.S. notifiers, consignees, or recovery 
facilities must submit to EPA copies of contracts, chain of contracts, 
or equivalent arrangements (when the movement occurs between parties 
controlled by the same corporate or legal entity). Information contained 
in the contracts or equivalent arrangements for which a claim of 
confidentiality is asserted accordance with 40 CFR 2.203(b) will be 
treated as confidential and will be disclosed by EPA only as provided in 
40 CFR 260.2.
    Note to paragraph (g): Although the U.S. does not require routine 
submission of contracts at this time, OECD Council Decision C(92)39/
FINAL allows members to impose such requirements. When other OECD 
countries require submission of partial or complete copies of the 
contract as a condition to granting consent to proposed movements, EPA 
will request the required information; absent submission of such 
information, some OECD countries may deny consent for the proposed 
movement.