To amend the Solid Waste Disposal Act to implement the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, and for other purposes.
Waste Export and Import Control Act of 1994 - Amends the Solid Waste Disposal Act (SWDA) to make it unlawful to export or import any hazardous or additional waste, except as provided by this Act. Defines "additional waste" as waste identified as such in regulations promulgated by the Administrator of the Environmental Protection Agency to implement the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. Exempts the import of used tire casings for retreading from such prohibition.
Excludes from the provisions of this Act: (1) except for provisions concerning the Antarctic Treaty Area, reporting, and fees, specified waste exported or imported for incorporation into new products with recycled content; and (2) except for provisions concerning the Antarctic Treaty Area, source, special nuclear, or byproduct material or spent nuclear fuel.
Makes the prohibition inapplicable to exports or imports made pursuant to and in compliance with: (1) an existing waste import or export agreement with another country if certain requirements of the SWDA governing hazardous waste are met and the agreement is amended to be consistent with requirements described in (2) for new agreements; (2) an agreement entered into after this Act's enactment that requires environmentally sound management of the waste and compliance with any laws applicable in the jurisdiction where the waste is managed and provides for the importing country and the United States to jointly conduct reciprocal inspections of waste facilities; and (3) provisions of this Act regarding exports, imports, and regulations to implement agreements. Sets forth specific requirements for the environmentally sound management of waste.
Makes it unlawful to export or import hazardous or additional waste if the waste will not be managed in an environmentally sound manner and in accordance with laws of importing and transit countries and the United States, applicable State and tribal laws, and contract provisions.
Directs exporters to provide notice of proposed exports to the Administrator for forwarding to importing and transit countries. Requires prior consent of such countries for exports and requires the notice to contain information sufficient for the importing and transit countries to make informed decisions on whether to accept the export.
Requires exporters and generators, upon receiving information that a shipment of waste has not been delivered to the designated facility or managed as specified in the contract, to: (1) accept legal and financial responsibility for arranging for the acceptance of waste by an alternative facility and deliver the waste to such facility; or (2) return the waste to the United States.
Directs exporters to comply with financial responsibility requirements promulgated by the President and of importing and transit countries.
Authorizes general notification and consent procedures for multiple shipments of the same waste to the same disposer via the same customs offices.
Requires importers, prior to importing hazardous or additional waste into the United States, to obtain the consent of the President. Sets forth requirements for importers parallel to those for exporters.
Prohibits the importation of such waste into the United States for transit without the consent of the President. Sets forth notification requirements.
Requires the President to issue orders prohibiting the export or import of waste by a particular source, shipment, or class where there is reason to believe that: (1) the exported waste would not be managed in an environmentally sound manner; (2) the management of imported waste would be in violation of Federal, State, or tribal laws; or (3) exports or imports may not be in accordance with contracts, bilateral or regional agreements, or international obligations of the United States.
Permits emergency orders to prohibit the export or import of waste by a particular source, shipment, or class from or to a specific country for up to 60 days where: (1) the waste may present an imminent endangerment to health or the environment; or (2) the importing or exporting country requests emergency actions in support of enforcement efforts related to such waste.
Requires the Administrator to arrange for the disposition of wastes that are not delivered if an exporter or generator fails to do so and to recover costs from liable exporters and generators. Authorizes the Administrator to restrict waste exports or imports to designated U.S. ports.
Makes it unlawful to export hazardous or additional waste: (1) for treatment, incineration, storage, disposal, or recycling to any location south of 60 degrees south latitude (the Antarctic Treaty Area); or (2) to any other country in violation of a law prohibiting the entry of waste.
Sets forth annual reporting requirements for waste importers and exporters. Provides for the imposition of fees on such individuals.
Sponsor introductory remarks on measure. (CR H1053-1054)
Introduced in House
Introduced in House
Referred jointly to the House Committee on Foreign Affairs.
Referred jointly to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Economic Policy, Trade and Environment.
Referred to the Subcommittee on Transportation and Hazardous Materials.
Executive Comment Requested from State.
Executive Comment Requested from EPA.
Executive Comment Received from EPA.
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