RULES FOR TRANSPORTING EXPORTS OF HAZARDOUS WASTE BY TRUCK TO CANADA AND MEXICO

If you transport hazardous waste for export from the United States, you should be aware of the federal law that applies to you. Under the Resource Conservation and Recovery Act (RCRA), the United States is committed to the "cradle to grave" tracking of hazardous wastes. As a transporter of hazardous waste for export, you represent the final link in the continuous chain of custody which begins when a facility generates the waste. The export authorities of RCRA are administered by the U.S. Environmental Protection Agency (EPA).

Here are some of the RCRA regulations you need to know and what to do before you transport the hazardous waste for export from the U.S.

AT PICK UP

You may only accept hazardous waste for export if it is accompanied by a manifest signed by a representative of the generator and an Acknowledgment of Consent (AOC). [Refer to 40 CFR 63.20(a), (c)]

EPA issues an Acknowledgment of Consent to the primary exporter (i.e., the generator of the waste, or other responsible party) only after the receiving country informs EPA of its consent. None of this happens until the exporter has furnished a notification to EPA, and EPA has provided this document to the receiving country and has requested consent.

The primary exporter must attach a copy of the EPA Acknowledgment of Consent for the shipment to the manifest, which must accompany the hazardous waste shipment. [Refer to 40 CFR 62.54(h)] If you do not receive a copy of the AOC and the manifest, you should refuse the load until they are provided.

AT THE BORDER

You must sign and date the manifest indicating when the hazardous waste left the United States. [Refer to 40 CFR 63.20(g)(1), (2)] You must retain a copy of the manifest after signing. [Refer to 40 CFR 63.22(a)]

The regulations require that you must sign and date the manifest in Item 15 ("Special Handling Instructions and Additional Information") of EPA Form 8700 22 indicating that the waste left the United States. You must also keep a copy of the manifest indicating that the hazardous waste left the U.S. for a period of three years. [Refer to 40 CFR 63.22(d)]

You must give a copy of the manifest to a U.S. Customs official at the point of departure from the United States. [Refer to 40 CFR 63.20O(4)]

The United States Customs Service forwards the copies of the manifests it receives from transporters to EPA for tracking and monitoring purposes.

Disclaimer: This document is not a substitute for the actual regulations. You should refer to the RCRA regulations for all the applicable regulations. You should also contact your State for any applicable state regulations.

CONTACTS: Mexican Border: Ed Makarewicz (915)534-6063 (TX, NM) or Aubrey Baure (415)972-3294 (CA, AZ); Canadian Border: Bob Small (202)564 5043