[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: 40CFR262.89]

[Page 226]
 
                   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 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]