A universal waste transporter transporting a shipment of universal waste to a foreign destination (other than those "Organization for Economic Cooperation and Development (OECD)" countries specified in 40 CFR 262.58(a)(1) (in which case, the transporter is subject to the requirements of 40 CFR Part 262 subpart H) may not accept a shipment if the transporter knows the shipment does not conform to the "EPA Acknowlegement of Consent." In addition, the transporter must ensure that:
(A) A copy of the "EPA Acknowlegement of Consent" accompanies the shipment; and
(B) The shipment is delivered to the facility designated by the person initiating the shipment.
[Comment 1: The term "EPA Acknowledgement of Consent" is defined in 40 CFR 262.51 .]
[Comment 2: The exercise of foreign relations and international commerce powers is reserved to the federal government under the Constitution. These responsibilities are not delegable to the states. Therefore, the importation and exportation of hazardous waste into and out of the U.S. is solely regulated by the federal government.]
[Comment 3: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]