Haz Hazar ardou ous W s Was aste e Imp mport-Export Fi Final Rule Requirements and Implementa9on December 12, 2016
Agenda • Webinar Instruc5ons (5 minutes) • Overview of Requirements (70 minutes) • Exports • Imports • Health Break (10 minutes) • Demo of EPA’s Waste Import Export Tracking System (WIETS) and Central Data Exchange (CDX) (85 minutes) • Conver5ng to Electronic Border Process for Export Shipments (5 minutes) • Next Steps (5 minutes) 2
Export Requirements for Shipments under New Regula9on (i.e., w/o Current Consent) • Exports of hazardous waste under RCRA Parts 262, 266 and 273 under new regula5on w/o consent • OECD requirements • EPA ID numbers • Consent numbers on manifest • Phase in of electronic process at the border • Electronic submiXal of export no5ces using CDX and WIETS • Exports of CRTs under Part 261 • Phase in of electronic process at the border • Electronic submiXal of export no5ces using CDX and WIETS • Export of hazardous waste samples over 25 kg 3
Where to Find Export Requirements 40 CFR 262.83: a) general export requirements b) no5fica5on requirements c) RCRA manifest instruc5ons for export shipments d) interna5onal movement document requirements for export shipments e) the exporter’s duty to return or re-export (to a third country) export shipments of waste that cannot be managed in accordance with the terms of the contract or consent and cannot be managed at an alternate facility in the country of import f) contract requirements g) annual repor5ng requirements h) excep5on repor5ng requirements i) recordkeeping requirements 4
Export Process for Exports under New Regula9on (i.e., for Shipments w/o Current Consent) • hXps://www.epa.gov/sites/produc5on/files/2016-11/documents/ final_20161104_flowchart_for_subpart_h_exports.pdf 5
Ques5ons? 6
Requirements for Export Shipments with Consent Issued Prior to 12/31/16 • Export shipments comply with requirements listed in Acknowledgement of Consent (AOC) leXer plus two new requirements • Conver5ng to electronic process at the border • Lis5ng waste stream consent numbers on RCRA manifests hXps://www.epa.gov/hwgenerators/resource-conserva5on-and- recovery-act-rcra-requirements-previously-consented-exports 7
What is Happening to Export No9ces Now • Paper export no5ces submiXed already are being processed; most are s5ll being reviewed by country of import • EPA has reached out to the countries asking them to process consent by 12/30/16 if at all possible • EPA is no longer accep5ng paper export no5ces, as it is impossible to receive consent prior to 12/31/16 • Any paper no5ce that does not receive consent by 12/31/16 will have to be resubmiXed electronically using WIETS with all informa5on required in 40 CFR 262.83(b) 8
Ques5ons? 9
Import Requirements for Shipments under New Regula9on (i.e., w/o Current Consent) • Imports of hazardous waste under Parts 262, 266 and 273 w/o consent • OECD requirements • EPA ID numbers • Consent numbers on manifest • Import of hazardous waste samples over 25 kg 10
Where to Find Import Requirements 40 CFR 262.84: a) general import requirements b) no5fica5on requirements when country of export does not control as hazardous waste export c) RCRA manifest instruc5ons for import shipments d) interna5onal movement document requirements for import shipments e) the importer’s duty to return or export (to a third country) import shipments of waste that cannot be managed in accordance with the terms of the contract or consent and cannot be managed at an alternate facility in the US f) contract requirements g) Confirma5on of recovery or disposal h) recordkeeping requirements 11
Import Process for Imports under New Regula9on (i.e., for Shipments w/o Current Consent) • hXps://www.epa.gov/sites/produc5on/files/2016-11/documents/ final_20161104_flowchart_for_subpart_h_imports.pdf 12
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Requirements for Import Shipments with Consent Issued Prior to 12/31/16 • Import shipments comply with requirements in force when consent documenta5on sent to receiving facility plus one new requirement • Lis5ng waste stream consent numbers on RCRA manifests hXps://www.epa.gov/hwgenerators/resource-conserva5on-and- recovery-act-rcra-requirements-previously-consented-imports 14
What is Happening to Import No9ces Now • Import no5ces submiXed by other countries are being processed • Consent will be required for all import shipments of hazardous waste or hazardous waste samples over 25 kg that occur on or ager 12/31/16 • Companies currently impor5ng hazardous waste without consent (e.g., from maquiladora facili5es in Mexico) should submit paper import no5ce to EPA lis5ng all informa5on required in 40 CFR 262.84(b) as soon as possible • EPA will soon be tes5ng electronic import no5ces in WIETS 15
Ques5ons? 16
Health Break (10 minutes) 17
Demo of EPA’s Waste Import Export Tracking System (WIETS) and Central Data Exchange (CDX)
Intro Today we will go over: • What are WIETS and CDX • Different User Types for WIETS • CDX Registra5on • Using WIETS
About WIETS and CDX WIETS is the United States Environmental Protec5on Agency (EPA) Waste Import/Export Tracking System responsible for managing hazardous waste no5ce and repor5ng data. EPA has extended use of WIETS by hazardous waste importers and exporters to include electronic submission and signature of hazardous waste no5ces and annual reports. Exporters shipping hazardous waste interna5onally must use WIETS to electronically submit no5ces, and may use WIETS to electronically submit annual reports to EPA. Importers submijng no5ces when the country of origin does not control the shipments as hazardous waste exports will be required to use WIETS to electronically submit no5ces to EPA at a future date. WIETS is not used for tracking of internal domes5c shipments. CDX is the point of entry on the Environmental Informa5on Exchange Network (Exchange Network) for environmental data submissions to the Agency. Its use is supported by the Cross-Media Electronic Repor5ng Rule (CROMERR) which provides the legal framework for electronic repor5ng under all of EPA's environmental regula5ons.
Different Types of Users • No+ce Preparers – Preparers are hazardous waste industry representa5ves that can enter no5ce and report data into WIETS but do not have the legal authority to sign or submit no5ces and reports to EPA. Preparers must be sponsored by a US hazardous waste industry representa5ve with legal authority to sign the no5ces and reports and must assign a cer5fier to each no5ce/report for signature and submission to EPA. • No+ce Cer+fiers – Cer5fiers are US hazardous waste industry representa5ves that legally sign off on the hazardous waste no5ce submissions. Along with being able to enter no5ce data, cer5fiers can provide electronic signatures for no5ces and reports and submit them to EPA.
Signing Up and CDX Steps Include: • Crea5ng an account in CDX • If you are a cer5fier and will be signing no5ces and reports, gejng the account iden5ty proofed for signing • Sejng up sponsorships between other preparers/cer5fiers
CDX Home Page In produc5on at hXps://cdx.epa.gov
CDX Program Selec5on When registering, choose “WIETS” as your program service
CDX Role Selec5on If you will be signing and submijng no5ces to EPA, select Cer5fier as your role from the dropdown list. If you will be preparing no5ces on behalf of another signing en5ty, select Preparer. If you are not sure if you are a preparer or cer5fier, please refer to the WIETS User Roles sec5on above.
CDX Cer5fiers – Iden5ty Proofing
CDX Preparers – Email a Cer5fier
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WIETS Home Page
WIETS No5ce Lis5ngs
WIETS No5ce Lifecycle • Dra5 : While no5ce data is being entered into WIETS, the no5ce is in Drag status. Both preparers and cer5fiers can edit these no5ces. When all no5ce data is completed, preparers can assign a cer5fier to the no5ce for signature, and cer5fiers can con5nue to sign and submit the no5ce to EPA. • Awai+ng Signature : These no5ces have been assigned a cer5fier and are awai5ng review and signature for submission to EPA. No5ces in this status are s5ll editable. Once the no5ce is signed and submiXed to EPA, the no5ce becomes read-only. • Pending : These no5ces have been signed and submiXed to EPA, but no determina5on (consent or objec5on) has been made on the no5ces. These no5ces are read-only in WIETS. • Processed : These no5ces have been signed and submiXed to EPA and a determina5on (consent or objec5on) has been made on the no5ce. These no5ces are read-only in WIETS.
WIETS No5ce Crea5on
WIETS No5ce Info Tab
WIETS Contacts
WIETS Transporta5on Tab
WIETS Ports
WIETS Waste Streams
WIETS Waste Streams
WIETS Waste Streams
WIETS Review
WIETS Signature
WIETS Amendments Users can amend the following no5ce data: • Transporters • Ports of Exit and Entry • Shipment Frequency • Waste Stream EPA Codes • Waste Stream DOT IDs and Hazard Classes • Waste Stream Requested Quan5ty • Waste Stream Shipment Frequency
WIETS Amendments Only Ports of Entry/Exit and Transporters can be amended through the Amend Mul5ple No5ces interface.
Ques5ons? 44
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