Wis. Admin. Code Department of Natural Resources NR 662.053

Current through August 26, 2024

Section NR 662.053 - Notification of intent to export

(1) A primary exporter of hazardous waste shall notify EPA of an intended export before the waste is scheduled to leave the United States. A complete notification may be submitted 60 days before the initial shipment is intended to be shipped off site. This notification may cover export activities extending over a 12-month or lesser period. The notification shall be in writing, signed by the primary exporter, and include all of the following information:

(a) Name, mailing address, telephone number and EPA ID number of the primary exporter.

(b) By consignee, for each hazardous waste type, all of the following:

1. A description of the hazardous waste and the EPA hazardous waste number (from 40 CFR part 261, subparts C and D), U.S. DOT proper shipping name, hazard class and ID number (UN or NA) for each hazardous waste as identified in 49 CFR parts 171 to 177.

2. The estimated frequency or rate at which the waste is to be exported and the period of time over which the waste is to be exported.

3. The estimated total quantity of the hazardous waste in units as specified in Table II of the appendix to 40 CFR part 262.

4. All points of entry to and departure from each foreign country through which the hazardous waste will pass.

5. A description of the means by which each shipment of the hazardous waste will be transported (e.g., mode of transportation vehicle (including air, highway, rail or water), type of container (such as drums, boxes and tanks)).

6. A description of the manner in which the hazardous waste will be treated, stored or disposed of in the receiving country (e.g., land or ocean incineration, other land disposal, ocean dumping, recycling).

7. The name and site address of the consignee and any alternate consignee.

8. The name of any transit countries through which the hazardous waste will be sent and a description of the approximate length of time the hazardous waste will remain in the country and the nature of its handling while there.

(2) Notifications submitted by mail may be sent to:

Office of Enforcement and Compliance Assurance

Office of Compliance; Enforcement Planning, Targeting and

Data Division (2222A)

U.S. Environmental Protection Agency

1200 Pennsylvania Ave., NW

Washington, DC 20460

Hand-delivered notifications may be sent to:

Office of Enforcement and Compliance Assurance

Office of Compliance; Enforcement Planning, Targeting and

Data Division (2222A)

U.S. Environmental Protection Agency

Ariel Rios Bldg., 12th St. and Pennsylvania Ave., NW

Washington, DC

In both cases, the following shall be prominently displayed on the front of the envelope: "Attention: Notification of Intent to Export."

(3) Except for changes to the telephone number in sub. (1) (a), changes to sub. (1) (b) 5. and decreases in the quantity indicated pursuant to sub. (1) (b) 3. when the conditions specified on the original notification change (including any exceedance of the estimate of the quantity of hazardous waste specified in the original notification), the primary exporter shall provide EPA with a written renotification of the change. The shipment cannot take place until consent of the receiving country to the changes (except for changes to sub. (1) (b) 8. and in the ports of entry to and departure from transit countries pursuant to sub. (1) (b) 4.) has been obtained and the primary exporter receives an EPA acknowledgment of consent reflecting the receiving country's consent to the changes.

(4) Upon request by EPA, a primary exporter shall furnish to EPA any additional information which a receiving country requests in order to respond to a notification.

(5) In conjunction with the U.S. department of state, EPA will provide a complete notification to the receiving country and any transit countries. A notification is complete when EPA receives a notification which EPA determines satisfies the requirements of sub. (1). Where a claim of confidentiality is asserted with respect to any notification information required by sub. (1), EPA may find the notification not complete until any claim is resolved in accordance with 40 CFR 260.2.

(6) Where the receiving country consents to the receipt of the hazardous waste, EPA will forward an EPA acknowledgment of consent to the primary exporter for purposes of 40 CFR 262.54(h) . Where the receiving country objects to receipt of the hazardous waste or withdraws a prior consent, EPA will notify the primary exporter in writing. EPA will also notify the primary exporter of any responses from transit countries.

Wis. Admin. Code Department of Natural Resources NR 662.053

CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.