RCRA REVISION CHECKLIST 238
Revised February 1, 2019

Confidentiality Determinations for Hazardous Waste Export and Import Documents 
83 FR 60894-60901
December 26, 2017
	(RCRA Cluster XXVI, HSWA)

Note:  1) The 40 CFR 262, Subpart H requirements will be administered by EPA and not the States because the exercise of foreign relations and international commerce powers is reserved to the Federal government under the Constitution.  However, EPA strongly encourages States to incorporate these requirements into their regulations for the convenience of the regulated community and for completeness.    

2)  The requirements in this rule apply to only hazardous wastes identified or listed under the state authorized program and any federal hazardous waste established under the Hazardous and Solid Waste Amendments of 1984 (HSWA), including those hazardous wastes managed under the alternate management standards of 40 CFR Part 266 and 40 CFR Part 273 (and analogous state requirements). Thus, State-only wastes that are not part of the state authorized program would not be subject to the import/export regulations addressed by this rule. The rule summary provides guidance and examples for appropriately incorporating these new requirements into State regulations. 

Name of State:  

State Statutory Authority: 

Title of Regulations:  							Effective Date:   

Date Checklist Completed:  

	
FEDERAL REQUIREMENTS	
FEDERAL RCRA CITATION	
ANALOGOUS STATE CITATION	
STATE ANALOG IS:	
				
EQUIV-ALENT	
LESS
STRIN-
GENT	
MORE STRIN-GENT	
BROADER IN SCOPE	
	PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL	
	SUBPART A - DEFINITIONS	
1	Except as provided under paragraphs (c) and (d) of this section, any person who submits information to EPA in accordance with parts 260 through 266 and 268 of this chapter may assert a claim of business confidentiality covering part or all of that information by following the procedures set forth in § 2.203(b) of this chapter. Information covered by such a claim will be disclosed by EPA only to the extent, and by means of the procedures, set forth in part 2, subpart B, of this chapter.	260.2(b)						
2	Add paragraph as follows: After June 26, 2018, no claim of business confidentiality may be asserted by any person with respect to information contained in cathode ray tube export documents prepared, used and submitted under §§ 261.39(a)(5) and 261.41(a) of this chapter, and with respect to information contained in hazardous waste export, import, and transit documents prepared, used and submitted under §§ 262.82, 262.83, 262.84, 263.20, 264.12, 264.71, 265.12, 265.71, and 267.71 of this chapter, whether submitted electronically into EPA’s Waste Import Export Tracking System or in paper format.	260.2(d)(1)						
2	EPA will make any cathode ray tube export documents prepared, used and submitted under §§ 261.39(a)(5) and 261.41(a) of this chapter, and any hazardous waste export, import, and transit documents prepared, used and submitted under §§ 262.82, 262.83, 262.84, 263.20, 264.12, 264.71, 265.12, 265.71, and 267.71 of this chapter available to the public under this section when these electronic or paper documents are considered by EPA to be final documents. These submitted electronic and paper documents related to hazardous waste exports, imports and transits and cathode ray tube exports are considered by EPA to be final documents on March 1 of the calendar year after the related cathode ray tube exports or hazardous waste exports, imports, or transits occur.	260.2(d)(2)						
	PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE	
	SUBPART E – EXCLUSIONS/EXEMPTIONS	
	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 paragraph (a)(5)(i) of this section.	261.39(a)(5)(iv)						
	PART 262 – STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE	
	SUBPART H – TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTE FOR RECOVERY AND DISPOSAL	
	For cases where the proposed country of import and recovery or disposal operations are not covered under an international agreement to which both the United States and the country of import are parties, EPA will coordinate with the Department of State to provide the complete notification to country of import and any countries of transit. In all other cases, EPA will provide the notification directly to the country of import and any countries of transit. A notification is complete when EPA receives a notification which EPA determines satisfies the requirements of paragraphs (b)(1)(i) through (xiii) of this section.	262.83(b)(5)						
	Upon request by EPA, U.S. exporters, importers, or recovery facilities must submit to EPA copies of contracts, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity).	262.83(f)(9)						
	A notification is complete when EPA determines the notification satisfies the requirements of paragraphs (b)(1)(i) through (xiii) of this section.	262.84(b)(4)						
	Upon request by EPA, importers or disposal or recovery facilities must submit to EPA copies of contracts, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity).	262.84(f)(8)						

1.  States are not required to adopt 260.2(b).

2.  States are required to adopt 260.2(d)(1) and (d)(2) and include these provisions in their applications for authorization. In addition, states must not change the language in these provisions, e.g., retain “EPA” in the rule text.