Title 42, The Public Health and WelfareRelease 119-110

§6938 Export of Hazardous Wastes

Title 42 › CHAPTER 82 — SOLID WASTE DISPOSAL › SUBCHAPTER III — HAZARDOUS WASTE MANAGEMENT › § 6938

Last updated Sep 23, 2026|Official source

Summary

Starting 24 months after November 8, 1984, people must not export hazardous wastes listed under this law unless they follow certain rules. Either the exporter must notify the EPA, get the receiving country’s written permission, attach that permission to the shipment papers, and follow the permission’s terms, or the United States and the receiving country must have a special agreement and the shipment must follow that agreement. The EPA must write rules to carry out these steps within 12 months after November 8, 1984; those rules take effect 180 days after they are issued. Beginning 12 months after November 8, 1984, an exporter must notify the EPA before the waste leaves the U.S. and give basic details: exporter name and address; types and amounts of waste; how often and for how long exports will happen; ports of entry; how the waste will be moved and handled; and the final facility’s name and address. Within 30 days of a complete notice, the Secretary of State will send the notice to the receiving country, ask for written consent or objection, and send information about U.S. rules. The EPA will send any consent or objection to the exporter within 30 days of getting it. Exporters must also file an annual report by March 1 listing the types, amounts, frequency, and destinations of waste sent in the prior year. The EPA may set other export standards under related laws.

Full Legal Text

Title 42, §6938

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general

Beginning twenty-four months after November 8, 1984, no person shall export any hazardous waste identified or listed under this subchapter unless

(1)(A)such person has provided the notification required in subsection (c) of this section,

(B)the government of the receiving country has consented to accept such hazardous waste,

(C)a copy of the receiving country’s written consent is attached to the manifest accompanying each waste shipment, and

(D)the shipment conforms with the terms of the consent of the government of the receiving country required pursuant to subsection (e), or

(2)the United States and the government of the receiving country have entered into an agreement as provided for in subsection (f) and the shipment conforms with the terms of such agreement.

(b)Regulations

Not later than twelve months after November 8, 1984, the Administrator shall promulgate the regulations necessary to implement this section. Such regulations shall become effective one hundred and eighty days after promulgation.

(c)Notification

Any person who intends to export a hazardous waste identified or listed under this subchapter beginning twelve months after November 8, 1984, shall, before such hazardous waste is scheduled to leave the United States, provide notification to the Administrator. Such notification shall contain the following information:

(1)the name and address of the exporter;

(2)the types and estimated quantities of hazardous waste to be exported;

(3)the estimated frequency or rate at which such waste is to be exported; and the period of time over which such waste is to be exported;

(4)the ports of entry;

(5)a description of the manner in which such hazardous waste will be transported to and treated, stored, or disposed in the receiving country; and

(6)the name and address of the ultimate treatment, storage or disposal facility.

(d)Procedures for requesting consent of receiving country

Within thirty days of the Administrator’s receipt of a complete notification under this section, the Secretary of State, acting on behalf of the Administrator, shall—

(1)forward a copy of the notification to the government of the receiving country;

(2)advise the government that United States law prohibits the export of hazardous waste unless the receiving country consents to accept the hazardous waste;

(3)request the government to provide the Secretary with a written consent or objection to the terms of the notification; and

(4)forward to the government of the receiving country a description of the Federal regulations which would apply to the treatment, storage, and disposal of the hazardous waste in the United States.

(e)Conveyance of written consent to exporter

Within thirty days of receipt by the Secretary of State of the receiving country’s written consent or objection (or any subsequent communication withdrawing a prior consent or objection), the Administrator shall forward such a consent, objection, or other communication to the exporter.

(f)International agreements

Where there exists an international agreement between the United States and the government of the receiving country establishing notice, export, and enforcement procedures for the transportation, treatment, storage, and disposal of hazardous wastes, only the requirements of subsections (a)(2) and (g) shall apply.

(g)Reports

After November 8, 1984, any person who exports any hazardous waste identified or listed under section 6921 of this title shall file with the Administrator no later than March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate destination of all such hazardous waste exported during the previous calendar year.

(h)Other standards

Nothing in this section shall preclude the Administrator from establishing other standards for the export of hazardous wastes under section 6922 of this title or section 6923 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 6938

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110