[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: 40CFR262.89] [Page 192-193] 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. 262.89 OECD Waste Lists. (a) General. For the purposes of this Subpart, a waste is considered hazardous under U.S. national procedures, and hence subject to this Subpart, if the waste: (1) Meets the Federal definition of hazardous waste in 40 CFR 261.3; and (2) Is subject to either the Federal RCRA manifesting requirements at 40 CFR part 262, subpart B, to the universal waste management standards of 40 CFR part 273, or to State requirements analogous to 40 CFR part 273. (b) If a waste is hazardous under paragraph (a) of this section and it appears on the amber or red list, it is subject to amber- or red-list requirements respectively; (c) If a waste is hazardous under paragraph (a) of this section and it does not appear on either amber or red lists, it is subject to red- list requirements. (d) The appropriate control procedures for hazardous wastes and hazardous waste mixtures are addressed in Sec. 262.82. (e) The OECD Green List of Wastes (revised May 1994), Amber List of Wastes and Red List of Wastes (both [[Page 193]] revised May 1993) as set forth in Appendix 3, Appendix 4 and Appendix 5, respectively, to the OECD Council Decision C(92)39/FINAL (Concerning the Control of Transfrontier Movements of Wastes Destined for Recovery Operations) are incorporated by reference. These incorporations by reference were approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 on July 11, 1996. These materials are incorporated as they exist on the date of the approval and a notice of any change in these materials will be published in the Federal Register. The materials are available for inspection at: the U.S. Environmental Protection Agency, RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, first floor, Arlington, VA 22203 (Docket F-94-IEHF-FFFFF) or at the National Archives and Records Administration (NARA), and may be obtained from the Organisation for Economic Co-operation and Development, Environment Direcorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal--register/code--of--federal-- regulations/ibr--locations.html. [61 FR 16310, Apr. 12, 1996, as amended at 69 FR 18803, Apr. 9, 2004]