KUALA LUMPUR: On October 28, 2016, the Administrator of the United States Environmental Protection Agency (EPA) signed a rule finalizing significant modifications to the requirements governing the export and import of hazardous waste. The rule changes will go into effect on December 31, 2016, although, as discussed below, certain requirements will be phased in over time. The changes will affect transboundary shipments currently subject to 40 C.F.R. Part 262 Subpart H (regulating hazardous waste shipments for recovery between the United States and countries that are members of the Organisation for Economic Co-operation and Development (OECD) other than Mexico and Canada), as well as shipments currently subject to Subparts E and F (regulating all other hazardous waste imports and exports). The modifications make certain substantive changes to the requirements of Subpart H, as well as expand the scope of that subpart to cover transboundary shipments currently subject to Subparts E and F. The modifications are largely consistent with EPA’s October 2015 proposed rule.
By subjecting non-OECD shipments to a modified version of Subpart H, the rule modifications will significantly alter the applicable requirements for such shipments. Additionally, changes that EPA has finalized that will affect all transboundary waste shipments, regardless of origin or destination, include.
