[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR262.81]

[Page 219-220]
 
                   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. 262.81  Definitions.

    The following definitions apply to this subpart.
    (a) Competent authorities means the regulatory authorities of 
concerned countries having jurisdiction over transfrontier movements of 
wastes destined for recovery operations.
    (b) Concerned countries means the exporting and importing OECD 
member countries and any OECD member countries of transit.
    (c) Consignee means the person to whom possession or other form of 
legal control of the waste is assigned at the time the waste is received 
in the importing country.
    (d) Country of transit means any designated OECD country in Sec. 
262.58(a)(1) and (a)(2) other than the exporting or importing country 
across which a transfrontier movement of wastes is planned or takes 
place.
    (e) Exporting country means any designated OECD member country in 
Sec. 262.58(a)(1) from which a transfrontier movement of wastes is 
planned or has commenced.
    (f) Importing country means any designated OECD country in Sec. 
262.58(a)(1) to which a transfrontier movement of wastes is planned or 
takes place for the purpose of submitting the wastes to recovery 
operations therein.
    (g) Notifier means the person under the jurisdiction of the 
exporting country who has, or will have at the time the planned 
transfrontier movement commences, possession or other forms of legal 
control of the wastes and who proposes their transfrontier movement for 
the ultimate purpose of submitting them to recovery operations. When the 
United States (U.S.) is the exporting country, notifier is interpreted 
to mean a person domiciled in the U.S.
    (h) OECD area means all land or marine areas under the national 
jurisdiction of any designated OECD member country in Sec. 262.58. When 
the regulations refer to shipments to or from an OECD country, this 
means OECD area.
    (i) Recognized trader means a person who, with appropriate 
authorization of concerned countries, acts in the role of principal to 
purchase and subsequently sell wastes; this person has legal control of 
such wastes from time of purchase to time of sale; such a person may act 
to arrange and facilitate transfrontier movements of wastes destined for 
recovery operations.
    (j) Recovery facility means an entity which, under applicable 
domestic law, is operating or is authorized to operate in the importing 
country to receive wastes and to perform recovery operations on them.
    (k) Recovery operations means activities leading to resource 
recovery, recycling, reclamation, direct re-use or alternative uses as 
listed in Table 2.B of the Annex of OECD Council Decision C(88)90(Final) 
of 27 May 1988, (available from the Environmental Protection Agency, 
RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, first 
floor, Arlington, VA 22203 (Docket  F-94-IEHF-FFFFF) and the 
Organisation for Economic Co-operation and Development, Environment 
Direcorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France) which 
include:

R1 Use as a fuel (other than in direct incineration) or other means to 
generate energy
R2 Solvent reclamation/regeneration
R3 Recycling/reclamation of organic substances which are not used as 
solvents
R4 Recycling/reclamation of metals and metal compounds
R5 Recycling/reclamation of other inorganic materials
R6 Regeneration of acids or bases
R7 Recovery of components used for pollution control
R8 Recovery of components from catalysts
R9 Used oil re-refining or other reuses of previously used oil
R10 Land treatment resulting in benefit to agriculture or ecological 
improvement
R11 Uses of residual materials obtained from any of the operations 
numbered R1-R10
R12 Exchange of wastes for submission to any of the operations numbered 
R1-R11

[[Page 220]]

6R13 Accumulation of material intended for any operation in Table 2.B

    (l) Transfrontier movement means any shipment of wastes destined for 
recovery operations from an area under the national jurisdiction of one 
OECD member country to an area under the national jurisdiction of 
another OECD member country.