[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: 40CFR262.87]

[Page 191-192]
 
                   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. 262.87  Reporting and recordkeeping.

    (a) Annual reports. For all waste movements subject to this Subpart, 
persons (e.g., notifiers, recognized traders) who meet the definition of 
primary exporter in Sec. 262.51 shall file an annual report with the 
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, no 
later than March 1 of each year summarizing the types, quantities, 
frequency, and ultimate destination of all such hazardous waste exported 
during the previous calendar year. (If the primary exporter is required 
to file an annual report for waste exports that are not covered under 
this Subpart, he may include all export information in one report 
provided the following information on exports of waste destined for 
recovery within the designated OECD member countries is contained in a 
separate section). Such reports shall include the following:
    (1) The EPA identification number, name, and mailing and site 
address of the notifier filing the report;
    (2) The calendar year covered by the report;
    (3) The name and site address of each final recovery facility;
    (4) By final recovery facility, for each hazardous waste exported, a 
description of the hazardous waste, the EPA hazardous waste number (from 
40 CFR part 261, subpart C or D), designation of waste type(s) from OECD 
waste list and applicable waste code from the OECD lists, DOT hazard 
class, the name and U.S. EPA identification number (where applicable) 
for each transporter used, the total amount of hazardous waste shipped 
pursuant to this Subpart, and number of shipments pursuant to each 
notification;
    (5) In even numbered years, for each hazardous waste exported, 
except for hazardous waste produced by exporters

[[Page 192]]

of greater than 100kg but less than 1000kg in a calendar month, and 
except for hazardous waste for which information was already provided 
pursuant to Sec. 262.41:
    (i) A description of the efforts undertaken during the year to 
reduce the volume and toxicity of waste generated; and
    (ii) A description of the changes in volume and toxicity of the 
waste actually achieved during the year in comparison to previous years 
to the extent such information is available for years prior to 1984; and
    (6) A certification signed by the person acting as primary exporter 
that states:
    I certify under penalty of law that I have personally examined and 
am familiar with the information submitted in this and all attached 
documents, and that based on my inquiry of those individuals immediately 
responsible for obtaining the information, I believe that the submitted 
information is true, accurate, and complete. I am aware that there are 
significant penalties for submitting false information including the 
possibility of fine and imprisonment.
    (b) Exception reports. Any person who meets the definition of 
primary exporter in Sec. 262.51 must file an exception report in lieu 
of the requirements of Sec. 262.42 with the Administrator if any of the 
following occurs:
    (1) He has not received a copy of the tracking documentation signed 
by the transporter stating point of departure of the waste from the 
United States, within forty-five (45) days from the date it was accepted 
by the initial transporter;
    (2) Within ninety (90) days from the date the waste was accepted by 
the initial transporter, the notifier has not received written 
confirmation from the recovery facility that the hazardous waste was 
received;
    (3) The waste is returned to the United States.
    (c) Recordkeeping. (1) Persons who meet the definition of primary 
exporter in Sec. 262.51 shall keep the following records: Sec. 262.89
    (i) A copy of each notification of intent to export and all written 
consents obtained from the competent authorities of concerned countries 
for a period of at least three years from the date the hazardous waste 
was accepted by the initial transporter;
    (ii) A copy of each annual report for a period of at least three 
years from the due date of the report; and
    (iii) A copy of any exception reports and a copy of each 
confirmation of delivery (i.e., tracking documentation) sent by the 
recovery facility to the notifier for at least three years from the date 
the hazardous waste was accepted by the initial transporter or received 
by the recovery facility, whichever is applicable.
    (2) The periods of retention referred to in this section are 
extended automatically during the course of any unresolved enforcement 
action regarding the regulated activity or as requested by the 
Administrator.