Federal Register - October 1, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations waste for transboundary movements with Canada only.
Recovery operations
11 R11 Use of residual materials obtained from any of the recovery operation codes numbered R1 through R10 or RC1.
12 R12 Interim exchange of wastes before recycling using any of the recovery operation codes numbered R1
through R11 or RC1.
13 R13 Interim accumulation of wastes before recycling using any of the recovery operation codes numbered R1
through R11 or RC1.
14 RC1 Recovery or regeneration of a substance or use or re-use of a recyclable material, other than by any of operations R1 to R10 for transboundary shipments with Canada only.
15 RC2 Testing of a new technology to recycle a hazardous recyclable material for transboundary shipments with Canada only.
16 RC3 Interim storage prior to any of operations R1 to R11 or RC1 for transboundary shipments with Canada only.
3. Amend 262.83 by revising paragraphs b3 and f6 to read as follows:
262.83
Exports of hazardous waste.
b
3 Notifications listing interim recycling operations or interim disposal operations. If the foreign receiving facility listed in paragraph b1ii of this section will engage in any of the interim recovery operations R12 or R13
or interim disposal operations D13
through D15, or in the case of transboundary movements with Canada, any of the interim recovery operations R12, R13, or RC3, or interim disposal operations D13 to D14, or D15, the notification submitted according to paragraph b1 of this section must also include the final foreign recovery or disposal facility name, address, telephone, fax numbers, email address, technologies employed, and which of the applicable recovery or disposal operations R1 through R11 and D1
through D12, or in the case of transboundary movements with Canada, which of the applicable recovery or disposal operations R1 through R11, RC1 to RC2, D1 through D12, and DC1
to DC2 will be employed at the final foreign recovery or disposal facility. The recovery and disposal operations in this paragraph are defined in 262.81.
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f
6 Contracts must specify that the foreign importer or the foreign receiving facility that performed interim recycling operations R12, R13, or RC3, or interim disposal operations D13 through D15, recovery and disposal operations defined in 40 CFR 262.81 as appropriate, will:
i Provide the notification required in paragraph f3ii of this section prior to any re-export of the hazardous wastes to a final foreign recovery or disposal facility in a third country; and ii Promptly send copies of the confirmation of recovery or disposal that it receives from the final foreign recovery or disposal facility within one year of shipment delivery to the final foreign recovery or disposal facility that performed one of recovery operations R1 through R11, or RC1, or one of disposal operations D1 through D12, DC1 or DC2 to the competent authority of the country of import. For contracts that will be in effect on or after the electronic import-export reporting compliance date, the contracts must additionally specify that the foreign facility send copies to EPA at the same time using the allowable method listed in paragraph b1 of this section on or after that date.
4. Amend 262.84 by revising paragraphs b2, f5, g2, h2iii to read as follows:
262.84
Imports of hazardous waste.
b
2 Notifications listing interim recycling operations or interim disposal operations. If the receiving facility listed in paragraph b1ii of this section will engage in any of the interim recovery operations R12, R13, or RC3 or interim disposal operations D13 through D15, the notification submitted according to paragraph b1 of this section must also include the final recovery or disposal facility name, address, telephone, fax numbers, email address, technologies employed, and which of the applicable recovery or disposal operations R1 through R11, RC1, and D1 through D12, will be employed at the final recovery or disposal facility. The recovery and disposal operations in this paragraph are defined in 262.81.
f
5 Contracts must specify that the importer or the receiving facility that performed interim recycling operations R12, R13, or RC3, or interim disposal operations D13 through D15, as
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appropriate, will provide the notification required in 262.83b7
prior to the re-export of hazardous wastes. The recovery and disposal operations in this paragraph are defined in 262.81.
g
2 If the receiving facility performed any of recovery operations R12, R13, or RC3, or disposal operations D13 through D15, the receiving facility shall promptly send copies of the confirmation of recovery or disposal that it receives from the final recovery or disposal facility within one year of shipment delivery to the final recovery or disposal facility that performed one of recovery operations R1 through R11, or RC1 to RC2, or one of disposal operations D1 through D12, or DC1 to DC2, to the competent authority of the country of export, and for confirmations received on or after the electronic import-export reporting compliance date, to EPA electronically using EPAs Waste Import Export Tracking System WIETS, or its successor system. The recovery and disposal operations in this paragraph are defined in 262.81.
h
2
iii For the receiving facility that performed any of recovery operations R12, R13, or RC3, or disposal operations D13 through D15 recovery and disposal operations defined in 262.81, a copy of each confirmation of recovery or disposal that the final recovery or disposal facility sent to it for at least three 3 years from the date that the final recovery or disposal facility completed processing the waste shipment; and
PART 264STANDARDS FOR
OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL
FACILITIES
5. The authority citation for part 264
continues to read as follows:
Authority: 42 U.S.C. 6905, 6912a, 6924, and 6925.
6. Revise 264.12a4ii to read as follows:
264.12
Required notices.
a
4
ii If the facility performed any of recovery operations R12, R13, or RC3, or disposal operations D13 through D15, promptly send copies of the confirmation of recovery or disposal
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01OCR1
