3745-52-60 Imports of hazardous waste from a foreign country.

(A) Any person who imports hazardous waste from a foreign country into the state of Ohio must comply with the requirements of Chapter 3745-52 of the Administrative Code and the special requirements of 40 CFR Part 262 subpart F.

[Comment: The authorities in 40 CFR Part 262 subpart F, regarding imports of hazardous waste from a foreign country, are not delegable to states. Ohio EPA will recognize the administrator's decisions under these federal regulations.] (B) When importing hazardous waste from a foreign country into Ohio a person must meet all the requirements of rule 3745-52-20 of the Administrative Code for the manifest except that:

(1) In place of the generator's name, address, and U.S. EPA identification number, the name and address of the foreign generator and the importer's name, address, and U.S. EPA identification number must be used.

(2) In place of the generator's signature on the certification statement, the Ohio importer or his agent must sign and date the certification and obtain the signature of the initial transporter.

(C) A person who imports hazardous waste may obtain the manifest form from any source that is registered with U.S. EPA as a supplier of manifests (e.g., states, waste handlers, and/or commercial forms printers).

(D) In the "International Shipments" block, the importer must check the import box and enter the point of entry (city and state) into the United States.

(E) The importer must provide the transporter with an additional copy of the manifest to be submitted by the receiving facility to U.S. EPA in accordance with paragraph (A)(3) of rule 3745-54-71 and paragraph (A)(3) of rule 3745-65-71 of the Administrative Code.

[Comment 1: 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 2: 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."]

Effective: 03/17/2012
R.C. 119.032 review dates: 11/30/2011 and 08/25/2016
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/30/1989, 12/07/2004, 02/16/2009