[Federal Register Volume 64, Number 158 (Tuesday, August 17, 1999)]
[Notices]
[Pages 44722-44730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21311]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6423-3]


Request for Information Concerning Transfrontier Movements of 
Wastes Destined for Recovery Operations Within the OECD Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is requesting 
specific information from interested parties, and the U.S. regulated 
community in particular, on imports and exports of secondary materials, 
wastes and hazardous wastes moving toward recycling operations in the 
29 member countries of the Organization for Economic Cooperation and 
Development (OECD). This information will be used by EPA and other 
federal agencies in developing U.S. positions with respect to potential 
harmonization of certain provisions of OECD Council Decision C(92)39 
concerning the control of transfrontier movements of wastes destined 
for recovery operations with those of the Basel Convention on the 
Control of Transboundary Movements of Hazardous Wastes and Their 
Disposal (``Basel Convention'' or ``the Convention''), including the 
possible replacement of the OECD waste lists (green, amber, and red) 
with the Basel waste lists (Annexes VIII and IX).

DATES: Responses to this document should be submitted no later than 
September 30, 1999.

ADDRESSES: Commenters must send an original and two copies of their 
comments referencing docket number F-1999-TMWA-FFFFF to: RCRA Docket 
Information Center, Office of Solid Waste (5305G), U.S. Environmental 
Protection Agency Headquarters (EPA, HQ), 401 M Street, SW, Washington, 
DC 20460. Hand deliveries of comments should be made to the Arlington, 
VA, address listed below. Comments may also be submitted electronically 
to: [email protected]. Comments in electronic format should 
also be identified by the docket number F-1999-TMWA-FFFFF. All 
electronic comments must be submitted as an ASCII file avoiding the use 
of special characters and any form of encryption. Commenters should not 
submit electronically any confidential business information (CBI). An 
original and two copies of CBI must be submitted under separate cover 
to: RCRA CBI Document Control Officer, Office of Solid Waste (5305W), 
U.S. EPA, 401 M Street, SW, Washington, DC 20460. Public comments and 
supporting materials are available for viewing in the RCRA Information 
Center (RIC), located at Crystal Gateway I, First Floor, 1235 Jefferson 
Davis Highway, Arlington, VA. The RIC is open from 9 a.m. to 4 p.m., 
Monday through Friday, excluding federal holidays. To review docket 
materials, it is recommended that the public make an appointment by 
calling (703) 603-9230. The public may copy a maximum of 100 pages from 
any regulatory docket at no charge. Additional copies cost $0.15/page. 
For information on accessing this document electronically, see the 
Supplementary Information section.

FOR FURTHER INFORMATION CONTACT: Ms. Julia Gourley, Office of Solid 
Waste (5304W), U.S. Environmental Protection Agency, Washington, D.C. 
20460; telephone: (703) 308-8751; fax: (703) 308-0514; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Internet Access

    This document may be accessed at the following internet address: 
http://www.epa.gov/epaoswer/hazwaste/exp-imp/oecd.htm.

I. Background

A. Relationship of OECD Council Decision C(92)39 to the Basel 
Convention

    The Basel Convention is an international treaty under the United 
Nations Environment Program (UNEP) that applies to transboundary 
movements (exports and imports) of hazardous and other wastes and their 
disposal. It opened for signature upon the conclusion of UNEP 
negotiations on March 22, 1989 and entered into force, 90 days after 
the 20th ratification, on May 5, 1992. As of June 17, 1999 there are 
123 parties to the Basel Convention (countries and others that have 
ratified, acceded to, approved, or otherwise accepted it). The U.S. 
signed the agreement on March 22, 1990, but has not ratified it. The 
Basel Convention, therefore, does not apply to the U.S. at the present 
time.
    The Basel Convention prohibits imports and exports of covered 
wastes between parties to it and non-parties; however, Article 11 of 
the Convention provides for an exception to this prohibition for those 
parties and non-parties that have entered into separate agreements that 
are consistent with the environmentally sound management provisions of 
the Convention. The member countries of the Organization

[[Page 44723]]

for Economic Cooperation and Development (OECD) 1 entered 
into an agreement governing transfrontier movements of wastes destined 
for recovery (recycling) operations pursuant to Article 11 paragraph 2 
of the Basel Convention (see 61 FR 16290 for a detailed discussion). 
This agreement, known as OECD Council Decision C(92)39/FINAL, was 
adopted by the OECD Council on March 30, 1992, and is legally binding 
on all member countries that have accepted it (presently all but 
Hungary and Poland, or 27 of the 29 member countries). It is a pre-
existing agreement pursuant to Article 11 paragraph 2 of the Basel 
Convention. The U.S. accepted the agreement and promulgated 
implementing regulations under the Resource Conservation and Recovery 
Act (RCRA) on April 12, 1996 (40 CFR part 262, subpart H). Nothing in 
today's document alters or amends these regulations, which remain in 
full force and effect.
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    \1\ The member countries of the OECD (also known as the ``OECD 
area'') are Australia, Austria, Belgium, Canada, Czech Republic, 
Denmark, Finland, France, Germany, Greece, Hungary, Iceland, 
Ireland, Italy, Japan, Luxembourg, Mexico, Netherlands, New Zealand, 
Norway, Poland, Portugal, S. Korea, Spain, Sweden, Switzerland, 
Turkey, United Kingdom, United States.
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B. History of OECD Harmonization Efforts

    In April 1997, the Environment Policy Committee (EPOC) of the OECD 
directed one of its subsidiary bodies, the Working Group on Waste 
Management Policy (WGWMP) (formerly known as the Waste Management 
Policy Group or WMPG) to identify areas where it would be feasible and 
appropriate to harmonize the procedures and requirements of OECD 
Council Decision C(92)39/FINAL (hereafter referred to as C(92)39) with 
those of the Basel Convention, to identify areas where duplication 
between the two agreements could be eliminated, and to report back to 
it in spring 1999.
    In fulfillment of this mandate, the WGWMP made the following eight 
recommendations to the EPOC:
    (1) The OECD Control System and the related Council Acts should be 
retained in a streamlined form which would make the OECD Control System 
more efficient and effective and enhance harmonization with the Basel 
Convention;
    (2) Certain procedural elements of the OECD Control System, such as 
time limits for the approval process for transfrontier movement, tacit 
consent (as well as the possibility for a written consent) and 
preauthorization procedures, should be retained. The definitions of 
waste and hazardous waste, and the general principles concerning 
transfrontier movements of wastes should be retained;
    (3) The OECD Control System should be harmonized with the Basel 
Convention by: (i) replacing the OECD green, amber, and red lists of 
wastes with Annexes VIII and IX of the Basel Convention, (ii) applying 
the green procedure to Annex IX wastes and the amber procedure 
(including the possibility of written consent) to Annex VIII wastes, 
and (iii) eliminating the present OECD Review Mechanism, but retaining 
the possibility of applying differing levels of control within the OECD 
Control System, in exceptional cases, to Annex VIII and Annex IX 
wastes, from those applied under the Basel Convention;
    (4) The mandatory OECD data collection on exports and imports of 
waste, and periodic or annual review of action taken by Member 
countries in pursuance of a number of Council Acts should be 
eliminated;
    (5) All waste related Council Acts except Council Decision C(92)39 
should be consolidated into one Act;
    (6) Work towards further harmonization of the different 
international control systems for transfrontier movements of wastes 
should be continued, with the ultimate goal of achieving a globally 
harmonized control system;
    (7) The OECD work in the field of waste management should be 
reoriented to focus on emerging cross-cutting issues regarding reuse 
and recycling of waste such as: (i) adapting the control procedures to 
encourage the implementation of end-of-life product take-back programs 
and to facilitate closed-loop recycling of materials; and (ii) 
developing standards for environmentally sound management of wastes 
destined for recovery operations; and,
    (8) WGWMP activities should be continued as a Part I program to 
facilitate participation of all Member countries in the work.
    At its March 24-26, 1999 meeting, the EPOC endorsed these 
recommendations. The WGWMP is now exploring options for their 
implementation, including streamlining C(92)39 and harmonizing it with 
the Basel Convention where appropriate and consolidating the other 
legally-binding waste-related Council Acts into one Act. Formal 
negotiations between the member countries resulting in consensus 
agreement will be required before amendments to these Council Acts can 
be forwarded to the OECD Council for adoption and entry into force.
    EPA believes the harmonization of C(92)39 with the Basel Convention 
will be of interest to US stakeholders, including environmental 
interest groups and industry. The Agency calls attention to 
recommendation number 3 which is of particular significance because it 
would have the greatest impact on the operation of C(92)39. In addition 
to potential effects on transboundary movements of regulated hazardous 
wastes, this recommendation could affect movements of non-hazardous 
wastes, non-wastes, and secondary materials which may be within the 
scope of C(92)39.

II. Differences Between the OECD Control System and the Basel 
Convention

    The overall goal of the Basel Convention is to protect human health 
and the environment against the adverse effects from the generation and 
management of hazardous wastes and other wastes. The main objectives of 
the Basel Convention are to:

--Reduce transboundary movements of Basel wastes to a minimum 
consistent with their environmentally sound management;
--Dispose of the wastes as close as possible to their source of 
generation;
--Minimize the generation of hazardous wastes in terms of quantity and 
hazardousness;
--Ensure strict control on the movement of wastes across borders as 
well as the prevention of illegal traffic;
--Prohibit shipments of waste to countries lacking the legal, 
administrative and technical capacity to manage and dispose of them in 
an environmentally sound manner; and
--Assist developing countries and countries in transition in 
environmentally sound management of their own wastes.

    The Basel Convention establishes a system for controlling 
transboundary movements of hazardous wastes and other wastes for both 
final disposal and recycling (note: recycling is considered a type of 
disposal under the Convention). It sets out general obligations and 
specifies restrictions and prohibitions on imports and exports of such 
wastes. Its primary purpose is to protect developing countries from 
waste mismanagement.
    In September 1995, the third meeting of the Conference of the 
Parties (COP III) adopted Decision III/1 containing an amendment to the 
Convention adding a new Article 4A prohibiting exports of hazardous 
waste for final disposal and

[[Page 44724]]

recycling from parties listed in Annex VII (OECD countries, European 
Community and Liechtenstein) to states not listed in Annex VII. This 
amendment will enter into force when 3/4 of the parties present and 
voting at COP III (i.e., 62 parties) have ratified it. As of June 1999, 
14 ratifications were registered with the UN Depository.
    OECD Council Decision C(92)39 establishes a control system, 
complementary to the Basel Convention, for transfrontier movements of 
wastes destined for recovery operations within the OECD area. It 
designates three ``tiers'' of wastes according to their potential 
overall environmental risk: the green, amber and red tiers which have 
corresponding waste lists. C(92)39 requires control of transfrontier 
movements of amber and red tier wastes, but requires no control for 
green tier wastes destined for recovery operations, other than those 
normally applied to commercial transactions. Red list wastes are 
subject to a control procedure, which is almost identical to the Basel 
Convention. Amber list wastes are subject to somewhat less stringent 
control procedures, including allowing the competent authorities to use 
``tacit'' (presumed) consent as a means of approval for a notified 
movement of waste, and to grant ``pre-consent'' to domestic facilities 
to accept amber list wastes under a streamlined set of requirements.

A. Comparison of OECD and Basel Convention Waste Lists

    Both the Basel Convention and C(92)39 contain waste lists which 
generally define the scope of coverage of each agreement. Annex VIII of 
the Basel Convention contains the list of hazardous wastes that are 
generally subject to the requirements of the Convention when they are 
exported or imported. It is an elaboration of the categories and 
constituents of Annex I. Annex IX of the Convention contains the list 
of wastes and secondary materials that are generally outside the scope 
of the Convention, and thus are not subject to its provisions when 
exported or imported.
    As mentioned above, C(92)39 contains three waste lists. The green 
list contains wastes and secondary materials generally considered to be 
non-hazardous in most or all OECD member countries. The amber list 
contains wastes generally considered to be hazardous by the member 
countries, while the red list consists of wastes considered extremely 
hazardous and that warrant full export/import controls.
    The OECD lists were developed according to the following 
environmental risk-based criteria in Annex 2 of C(92)39. These criteria 
reflect both the environmental hazard presented by the waste and the 
typical management practice (recycling operation) applied to it:
Properties
    (1) Does the waste normally exhibit any of the hazardous 
characteristics listed in Table 5 of OECD Council Decision C(88)90? 
Furthermore, it is useful to know if the waste is legally defined as or 
considered to be a hazardous waste in one or more member countries.
    (2) Is the waste typically contaminated?
    (3) What is the physical state of the waste?
    (4) What is the degree of difficulty of cleanup in the case of 
accidental spillage or mismanagement?
    (5) What is the economic value of the waste bearing in mind 
historical price fluctuations?
Management:
    (6) Is there technological capability to recover the waste?
    (7) Is there a history of adverse environmental incidents arising 
from transfrontier movements of the waste or associated recovery 
operations?
    (8) Is the waste routinely traded through established channels and 
is that evidenced by commercial classification?
    (9) Is the waste usually moved internationally under the terms of a 
valid contract or chain of contracts?
    (10) What is the extent of reuse and recovery of the waste and how 
is any portion separated from the waste but not subject to recovery 
managed?
    (11) What are the overall environmental benefits arising from the 
recovery operations?
    Another important distinguishing feature of the OECD waste lists is 
the inclusion of Customs codes. The OECD WGWMP coordinates closely with 
the Nomenclature and Classification Division of the World Customs 
Organization in comparing the waste listings with the Harmonized 
Commodity Description and Coding System (Harmonized System, or HS) and 
assigns HS codes accordingly, where applicable. In addition, the text 
of some OECD waste listings identically matches the counterpart text in 
the HS, which facilitates transboundary movements through Customs ports 
in the OECD member countries.
    By contrast, the Basel Convention waste lists in Annexes VIII and 
IX of the Convention were developed based on the ``intrinsic hazard'' 
of the waste (e.g. poisonous, ignitable, corrosive, etc.), and do not 
take into account how the waste is typically managed, and other 
environmental risk-based factors. The Basel Convention does not 
distinguish between disposal and recycling, so its lists contain wastes 
that are both recycled and disposed (whereas the OECD lists, for the 
most part, contain wastes and secondary materials that are typically 
recycled). In addition, the Basel lists do not, at present, contain HS 
(Customs) codes.
    The remainder of this section describes some of the significant 
differences in the waste lists of the two agreements.
1. OECD Green List vs. Basel Convention Annex IX
    The following six Basel Convention Annex IX listings do not have 
corresponding entries on the OECD green list:

B1010  Thorium scrap
B1030  Refractory metals containing residues
B1050  Mixed, non-ferrous metal, heavy fraction scrap, not containing 
Annex I materials in concentrations sufficient to exhibit Annex III 
characteristics 2
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    \2\ If the OECD member countries agree to replace the OECD lists 
with the Basel Convention lists, minor wording changes will be 
necessary to correct language unique to the Basel Convention. For 
example, in Basel Annex IX listing B1050 above, the term ``Annex I'' 
could be deleted, while the phrase ``exhibit Annex III 
characteristics'' could be changed to ``render it hazardous'' or 
similar language conveying the same idea.
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B1100  Wastes of refractory linings, including crucibles, originating 
from copper smelting
B3110  Fellmongery wastes not containing hexavalent chromium compounds 
or biocides or infectious substances
B3120  Wastes consisting of food dyes

    The following 21 entries on the OECD green list do not have 
corresponding entries on Basel Annex IX:

GA190  Molybdenum waste and scrap
GA200  Tantalum waste and scrap
GA300  Chromium waste and scrap
GC030  Vessels and other floating structures for breaking up, properly 
emptied of any cargo and other materials arising from the operation of 
the vessel which may have been classified as a dangerous substance or 
waste
GC040  Motor vehicle wrecks, drained of liquids
GC090  Molybdenum
GC100  Tungsten
GC110  Tantalum
GC120  Titanium
GC130  Niobium
GC140  Rhenium

[[Page 44725]]

GE020  Glass fiber wastes
GF010  Ceramic wastes which have been fired after shaping, including 
ceramic vessels (before and/or after use)
GG160  Bituminous material (asphalt wastes) from road construction and 
maintenance, not containing tar
GH013  Waste, parings, and scrap of plastics of polymers of vinyl 
chloride
GJ140  Waste textile floor coverings, carpets
GM140  Waste edible fats and oils of animal or vegetable origin (e.g. 
frying oils)
GN010  Waste of pig's, hog's, or boar's bristles and hair or of badger 
hair and other brush making hair
GN020  Horsehair waste, whether or not put up as a layer with or 
without supporting material
GN030  Wastes of skins and other parts of birds, with their feathers or 
down, of feathers and parts of feathers (whether or not with trimmed 
edges) and down, not further worked than cleaned, disinfected or 
treated for preservation
GO040  Parings and other waste of leather or of composition leather, 
not suitable for the manufacture of leather articles, excluding leather 
sludges

    The following six OECD green listings correspond to four Basel 
Annex IX listings, but with different wordings (Table 1).

Table 1.--Differences in Wording Between OECD Green List and Basel Annex
                                   IX
------------------------------------------------------------------------
           OECD green listing                 Basel annex IX listing
------------------------------------------------------------------------
GB030  Aluminum skimmings (excluding     B1100  Aluminum skimmings (or
 those that are flammable or emit, upon   skims) excluding salt slag.
 contact with water, flammable gases in
 dangerous quantities).
GC020  Electronic scrap (e.g. printed    B1110  Waste electrical and
 circuit boards, electronic components,   electronic assemblies or scrap
 wire, etc.) and reclaimed electronic     (not including scrap from
 components suitable for base and         electrical power generation)
 precious metal recovery.                 (including printed circuit
                                          boards) not containing
                                          components such as
                                          accumulators and other
                                          batteries included on Annex
                                          VIII, mercury switches, glass
                                          from cathode ray tubes and
                                          other activated glass and PCB
                                          capacitors, or not
                                          contaminated with Annex I
                                          constituents (e.g. cadmium,
                                          mercury, lead, PCB) or from
                                          which these have been removed,
                                          to an extent they do not
                                          possess any of the
                                          characteristics contained in
                                          Annex III.
                                         B1110  Electrical and
                                          electronic assemblies
                                          (including printed circuit
                                          boards, electronic components
                                          and wires) destined for direct
                                          reuse (reuse can include
                                          repair, refurbishment or
                                          upgrading, but not major
                                          reassembly) and not for
                                          recycling or final disposal
                                          (in some countries these
                                          materials destined for direct
                                          reuse are not considered
                                          wastes).
GC150  Gold............................  B1150  Precious metals and
GC160  Platinum (the expression           alloy wastes (gold, silver,
 ``platinum'' includes platinum,          the platinum group, but not
 iridium, osmium, palladium, rhodium,     mercury) in a dispersible, non-
 and ruthenium)                           liquid form with appropriate
GC170  Other precious metals, e.g.        packaging and labeling.
 silver.
GH014  Waste, parings, and scrap of      B3010  The following
 plastics of polymers of fluorinated      fluorinated polymer wastes:
 ethylene (teflon, PTFE).                 perfluoroethylene/propylene
                                          (FEP), perfluoroalkoxy alkane
                                          (PFA), perfluoroalkoxy alkane
                                          (MFA), polyvinylfluoride
                                          (PVF), polyvinylidenefluoride
                                          (PVDF).
------------------------------------------------------------------------

    EPA is interested in comments regarding the significance of the 
differences between the non-hazardous lists of the two agreements and, 
in particular, whether the narrower scope of Basel Annex IX could have 
any significant bearing on intra-OECD trade in these wastes and 
materials.
2. OECD Amber and Red Lists vs. Basel Convention Annex VIII
    Of perhaps greater significance are the differences in the lists of 
regulated hazardous wastes of the two agreements. A waste is classified 
as hazardous under the Basel Convention if it is linked to either a 
category or constituent in Annex I, unless it does not exhibit any of 
the characteristics of hazardous waste contained in Annex III (Article 
1 paragraph 1(a)).3 If these criteria are not satisfied, the 
waste or material is not covered by the Convention (and may therefore 
either be placed on Annex IX or remain unlisted). The scope of coverage 
in C(92)39, however, is not determined by such a combination of 
categories/constituents and hazard characteristics; thus, Basel's scope 
of coverage is narrower than that of C(92)39.
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    \3\ In addition, wastes considered hazardous under a party's 
domestic laws and regulations are also subject to control under the 
Basel Convention (Article 1 paragraph 1(b)).
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    Two amber listings are covered by Annex II of the Basel Convention, 
``Categories of Wastes Requiring Special Attention: AB020 (residues 
arising from the combustion of municipal/household wastes), and AD160 
(municipal/household wastes).
    One OECD red listing (RB020, ceramic-based fibers of physico-
chemical characteristics similar to those of asbestos) and the 
following 27 OECD amber listings do not directly correspond to entries 
on Basel Annex VIII (in most cases there is no linkage to Basel Annex 
I; in order to add them to Basel Annex VIII, at a minimum an amendment 
of Basel Annex I would be required):

AA010  Dross, scalings and other wastes from the manufacture of iron 
and steel
AA050  Aluminum ashes and residues
AA060  Vanadium ashes and residues
AA070  Ashes and residues containing metals or metal compounds not 
elsewhere specified or included
AA110  Residues from alumina production not elsewhere specified or 
included
AA190  Magnesium waste and scrap that is flammable, pyrophoric or 
emits, upon contact with water, flammable gasses in dangerous 
quantities
AB010  Slag, ash and residues, not elsewhere specified or included
AB030  Wastes from non-cyanide based systems which arise from surface 
treatment of metals
AB070  Sands used in foundry operations
AB120  Inorganic halide compounds, not elsewhere specified or included
AB130  Used blasting grit

[[Page 44726]]

AB150  Unrefined calcium sulfite and calcium sulfate from flue gas 
desulfurization (FGD)
AC020  Bituminous materials (asphalt waste) not elsewhere specified or 
included
AC060  Hydraulic fluids
AC070  Brake fluids
AC080  Antifreeze fluids
AC140  Triethylamine catalyst for setting foundry sands
AC150  Chlorofluorocarbons
AC160  Halons
AC170  Treated cork and wood wastes
AC250  Surface active agents (surfactants)
AC260  Liquid pig manure; feces
AC270  Sewage sludge
AD090  Wastes from the production, formulation and use of reprographic 
and photographic chemicals and materials not elsewhere specified or 
included
AD100  Wastes from non-cyanide based systems which arise from surface 
treatment of plastics
AD120  Ion exchange resins
AD150  Naturally-occurring organic material used as a filter medium 
(such as bio-filters)

    The following nine Annex VIII listings do not correspond to any 
OECD amber or red listing. There are several possible explanations for 
this: (i) these wastes are not typically recycled; (ii) the Basel 
parties and OECD member countries disagree as to their hazardousness; 
and/or (iii) there are different criteria for listing wastes in Basel 
(intrinsic hazard) vs. C(92)39 (risk):

A1040  Wastes having as constituents: metal carbonyls; hexavalent 
chromium compounds
A1180  Waste electrical and electronic assemblies or scrap containing 
components such as accumulators and other batteries included in Annex 
VIII, mercury switches, glass from cathode ray tubes and other 
activated glass and PCB capacitors, or contaminated with Annex I 
constituents (e.g. cadmium, mercury, lead, PCB) to an extent that they 
possess any of the characteristics contained in Annex III (note the 
related entry on Annex IX: B1110)
A2060  Coal-fired power plant fly ash containing Annex I substances in 
concentrations sufficient to exhibit Annex III characteristics (note 
the related entry on Annex IX: B2050)
A3100  Waste parings and other waste of leather or of composition 
leather not suitable for the manufacture of leather articles containing 
hexavalent chromium compounds or biocides (note the related entry on 
Annex IX: B3090)
A3110  Fellmongery wastes containing hexavalent chromium compounds or 
biocides or infectious substances (note the related entry on Annex IX: 
B3110)
A4020  Clinical and related wastes; that is, waste arising from 
medical, nursing, dental, veterinary, or similar practices, and wastes 
generated in hospitals or other facilities during the investigation or 
treatment of patients, or research projects
A4130  Waste packages and containers containing Annex I substances in 
concentrations sufficient to exhibit Annex III hazard characteristics
A4140  Waste consisting of or containing off specification or out-dated 
chemicals corresponding to Annex I categories and exhibiting Annex III 
hazard characteristics
A4150  Waste chemical substances arising from research and development 
or teaching activities which are not identified and/or are new and 
whose effects on human health and/or the environment are not known

    The following 13 amber listings are broader in scope than their 
corresponding Annex VIII listings (Table 2).

 Table 2.--Amber Listings Broader in Scope Than Corresponding Annex VIII
                                Listings.
------------------------------------------------------------------------
                                           Basel convention annex VIII
           OECD amber listing                        listing
------------------------------------------------------------------------
AA020  Zinc ashes and residues.........  A1080 Waste zinc residues not
                                          included in Annex IX,
                                          containing lead and cadmium in
                                          concentrations sufficient to
                                          exhibit Annex III
                                          characteristics.
AA040  Copper ashes and residues.......  A1090 Ashes from the
                                          incineration of copper wire.
                                         A1100  Dusts and residues from
                                          gas cleaning systems of copper
                                          smelters.
                                         A1110  Spent electrolytic
                                          solutions from copper
                                          electrorefining and
                                          electrowinning operations.
                                         A1120  Waste sludges, excluding
                                          anode slimes, from copper
                                          electrorefining and
                                          electrowinning operations.
                                         A1130  Spent etching solutions
                                          containing dissolved copper.
                                         A1140  Waste cupric chloride
                                          and copper cyanide catalysts.
AA161  Ash from incineration of printed  A1150 Precious metal ash from
 circuit boards.                          incineration of printed
                                          circuit boards not included in
                                          Annex IX.
AA180  Used batteries or accumulators,   A1170  Unsorted waste batteries
 whole or crushed, other than lead-acid   excluding mixtures of only
 batteries, and waste and scrap arising   Annex IX batteries. Waste
 from the production of batteries and     batteries not specified on
 accumulators, not otherwise specified    Annex IX containing Annex I
 or included.                             constituents to an extent to
                                          render them hazardous.
AB110  Basic solutions.................  A4090  Waste acidic or basic
                                          solutions, other than those
                                          specified in the corresponding
                                          entry on Annex IX (note the
                                          related entry on Annex IX:
                                          B2120).
AB140  Gypsum arising from chemical      A2040 Waste gypsum arising from
 industry processes.                      chemical industry processes,
                                          when containing Annex I
                                          constituents to the extent
                                          that it exhibits an Annex III
                                          hazardous characteristic (note
                                          the related entry on Annex IX:
                                          B2080).
AC030  Waste oils unfit for their        A3020 Waste mineral oils unfit
 originally intended use.                 for their originally intended
                                          use.
AC090 Waste from production,             A3050 Waste from production,
 formulation, and use of resins, latex,   formulation, and use of
 plasticizers, glues and adhesives.       resins, latex, plasticizers,
                                          glues/adhesives excluding such
                                          wastes specified on Annex IX
                                          (note the related entry on
                                          Annex IX: B4020).
AC130  Ethers..........................  A3080 Waste ethers not
                                          including those specified on
                                          Annex IX.
AC180  Leather dust, ash, sludges and    A3090 Waste leather dust, ash,
 flours.                                  sludges and flours when
                                          containing hexavalent chromium
                                          compounds or biocides (note
                                          the related entry on Annex IX:
                                          B3100).

[[Page 44727]]

 
AD070  Wastes from production,           A4070 Wastes from the
 formulation and use of inks, dyes,       production, formulation and
 pigments, paints, lacquers, varnish.     use of inks, dyes, pigments,
                                          paints, lacquers, varnish
                                          excluding any such waste
                                          specified on Annex IX (note
                                          the related entry on Annex IX:
                                          B4010).
AD110  Acidic solutions................  A4090 Waste acidic or basic
                                          solutions, other than those
                                          specified in the corresponding
                                          entry on Annex IX (note the
                                          related entry on Annex IX:
                                          B2120).
AD130  Single use cameras with           A1180  Waste electronic
 batteries.                               assemblies or scrap containing
                                          components such as
                                          accumulators and other
                                          batteries in Annex VIII.
------------------------------------------------------------------------

    The following 18 Annex VIII listings are broader in scope than 
their corresponding amber listings (Table 3).

 Table 3.--Annex VIII Listings Broader in Scope than Corresponding Amber
                            and Red Listings.
------------------------------------------------------------------------
                                           Basel convention annex VIII
       OECD amber or red listing                     listing
------------------------------------------------------------------------
AA030  Lead ashes and residues.........  A1010  Metal wastes consisting
                                          of alloys of lead, but
                                          excluding such wastes as
                                          specifically listed on Annex
                                          IX.
                                         A1020  Wastes having as
                                          constituents or contaminants,
                                          excluding metal waste in
                                          massive form, lead or lead
                                          components.
AA080  Thallium waste and residues.....  A1010  Metal wastes and waste
                                          consisting of alloys of
                                          thallium, but excluding such
                                          wastes specifically listed on
                                          Annex IX.
                                         A1030  Wastes having as
                                          constituents or contaminants
                                          thallium; thallium compounds.
AA090  Arsenic waste and residues......  A1010  Metal wastes and waste
                                          consisting of alloys of
                                          arsenic, but excluding such
                                          wastes specifically listed on
                                          Annex IX.
                                         A1030  Wastes having as
                                          constituents or contaminants
                                          arsenic; arsenic compounds.
AA100  Mercury waste and residues......  A1010  Metal wastes and waste
                                          consisting of alloys of
                                          mercury, but excluding such
                                          wastes specifically listed on
                                          Annex IX.
                                         A1030  Wastes having as
                                          constituents or contaminants
                                          mercury; mercury compounds.
AB080  Waste catalysts not on the green  A2030  Waste catalysts but
 list.                                    excluding such wastes
                                          specified on Annex IX.
                                         A1140  Waste cupric chloride
                                          and copper cyanide catalysts.
AC010  Waste from the production/        A3010 Waste from the production
 processing of petroleum coke and         or processing of petroleum
 bitumen, excluding anode butts.          coke and bitumen.
AC040  Leaded petrol (gasoline) sludges  A3030  Wastes that contain,
DRC030  Leaded anti-knock compound        consist of or are contaminated
 sludges.                                 with leaded anti-knock
                                          compound sludges.
AC120  Polychlorinated naphthalenes....  A3180  Waste, substances and
                                          articles containing,
                                          consisting of or contaminated
                                          with polychlorinated
                                          naphthalene (PCN).
AC190  Fluff light fraction from         A3120  Fluff--light fraction
 automobile shredding.                    from shredding.
AD170  Spent activated carbon having     A4160  Spent activated carbon
 hazardous characteristics and            not included in Annex IX (note
 resulting from its use in the            the related entry on Annex IX:
 inorganic chemical, organic chemical     B2060).
 and pharmaceutical industries, waste
 water treatment, gas/air cleaning
 processes and similar applications.
RA010  Wastes, substance and articles    A3180  Wastes, substances and
 containing, consisting of or             articles containing,
 contaminated with polychlorinated        consisting of or contaminated
 biphenyl (PCB) and/or polychlorinated    with polychlorinated biphenyl
 terphenyl (PCT) and/or polybrominated    (PCB), polychlorinated
 biphenyl (PBB), including any other      terphenyl (PCT),
 polybrominated analogues of these        polychlorinated naphthalene
 compounds, at a concentration level of   (PCN) or polybrominated
 50 mg/kg or more.                        biphenyl (PBB), or any other
                                          polybrominated analogues of
                                          these compounds at a
                                          concentration level of 50 mg/
                                          kg or more.
RC040  Peroxides other than hydrogen     A4120  Wastes that contain,
 peroxide.                                consist of or are contaminated
                                          with peroxides.
------------------------------------------------------------------------

    EPA is interested in comments regarding the significance of the 
differences between the OECD amber/red lists and Basel Annex VIII for 
intra-OECD trade purposes.
3. OECD Green List vs. Basel Annex VIII, OECD Amber List vs. Basel 
Annex IX, and ``Mirror Listings''
    Finally, there are a number of entries in both C(92)39 and the 
Basel Convention that are either partially or entirely covered by 
entries on the opposite list in the other agreement. For example, 18 
Annex IX listings are at least partially covered by 17 amber listings 
(Table 4). This is largely due to the fact that the Basel Convention 
lists contain ``mirror listings'' ``listings on both Annexes VIII and 
IX that differ either by specifying the particular contaminants or 
constituents that distinguish hazardousness from non-hazardousness, or 
by simply re-stating the Convention's scope of coverage (which is also 
the Annex IX chapeau); namely whether the waste contains Annex I 
material in sufficient quantities to cause the waste to exhibit an 
Annex III characteristic. These mirror listings can be confusing for 
regulators and, in particular, Customs officials at border crossings 
who must make decisions about a particular shipment including verifying 
shipping documents and assessing tariffs. For example, it could be 
quite challenging for a Customs officer to fulfill his/her duties for a 
shipment of material coming under the following Basel mirror listing: 
``B1160 Precious metal ash from the incineration of printed circuit 
boards (note the

[[Page 44728]]

related entry on Annex VIII A1150)''. When the Customs official looks 
to the mirror listing on Annex VIII, they would find the following 
wording: ``A1150 Precious metal ash from incineration of printed 
circuit boards not included on Annex IX.'' Because many of the Basel 
mirror listings are not easily distinguishable, it is possible that 
transboundary movements within the OECD area could be affected. EPA is 
interested in comments on this issue.
    While there are some mirror listings on the OECD lists, they are 
significantly fewer in number and are typically distinguished more 
precisely, usually with one listing quite specific and its mirror 
listing board; for example, magnesium waste and scrap is mirror listed 
as follows: ``GA210 Magnesium waste and scrap (excluding those listed 
in AA190)'' and, ``AA190 Magnesium waste and scrap that is flammable, 
pyrophoric or emits, upon contact with water, flammable gasses in 
dangerous quantities.'' Table 4 presents the listings on Basel Annex IX 
which are at least partially covered by broader OECD amber listings.

    Table 4.--Basel Annex IX Listings Partially Covered by OECD Amber
                                listings
------------------------------------------------------------------------
                                            Basel convention annex IX
           OECD amber listing                        listing
------------------------------------------------------------------------
AA020  Zinc ashes and residues.........  B1080  Zinc ash and residues
                                          including zinc alloys residues
                                          in dispersible form unless
                                          containing Annex I
                                          constituents in concentrations
                                          sufficient to exhibit Annex
                                          III characteristics or
                                          exhibiting hazardous
                                          characteristic H4.3.
                                         B1220  Slag from zinc
                                          production, chemically
                                          stabilized, having a high iron
                                          content (above 20%) and
                                          processed according to
                                          industrial specifications
                                          (e.g. DIN 4301) mainly for
                                          construction.
AA040  Copper ashes and residues.......  B1070  Waste of copper and
                                          copper alloys in dispersible
                                          form, unless they contain
                                          Annex I constituents to an
                                          extent that they exhibit Annex
                                          III characteristics.
                                         B1240  Copper oxide mill scale.
AA150  Precious metal bearing residues   B1140  Precious-metal bearing
 in solid form which contain traces of    residues in solid form which
 inorganic cyanides.                      contain traces of inorganic
                                          cyanides.
AA161  Ash from incineration of printed  B1160  Precious metal ash from
 circuit boards.                          the incineration of printed
                                          circuit boards (note the
                                          related entry on Annex VIII:
                                          A1150).
AA162  Photographic film ash...........  B1170  Precious metal ash from
                                          the incineration of
                                          photographic film.
AA180  Used batteries or accumulators,   B1090  Waste batteries
 whole or crushed, other than lead-acid   conforming to a specification,
 batteries, and waste and scrap arising   excluding those made with
 from the production of batteries and     lead, cadmium or mercury.
 accumulators, not otherwise specified
 or included.
AB050  Calcium fluoride sludge.........  B2070  Calcium fluoride sludge.
AB090  Waste hydrates of aluminum......  B2100  Waste hydrates of
AB100  Waste alumina                      aluminum and waste alumina and
                                          residues from alumina
                                          production excluding such
                                          materials used for gas
                                          cleaning, flocculation or
                                          filtration processes.
AB110  Basic solutions.................  B2120 Waste acidic or basic
                                          solutions with a pH greater
                                          than 2 and less than 11.5,
                                          which are not corrosive or
                                          otherwise hazardous (note the
                                          related entry on Annex VIII:
                                          A4090).
AB140  Gypsum arising from chemical      B2080  Waste gypsum arising
 industry processes.                      from chemical industry
                                          processes not included on
                                          Annex VIII (note the related
                                          entry on Annex VIII: A2040).
AC090  Waste from the production,        B4020  Wastes from production,
 formulation and use of resins, latex     formulation, and use of
 plasticizers, glues and adhesives.       resins, latex, plasticisers,
                                          glues/adhesives, not listed on
                                          Annex VIII, free of solvents
                                          and other contaminants to an
                                          extent that they do not
                                          exhibit Annex III
                                          characteristics, e.g., water
                                          based, or glues based on
                                          casein starch, dextrin,
                                          cellulose, ethers, polyvinyl
                                          alcohols (note the related
                                          entry on Annex VIII: A3050).
AC130  Ethers..........................  B3130  Waste polymer ethers and
                                          waste non-hazardous monomer
                                          ethers incapable of forming
                                          peroxides.
AC180  Leather dust, ash, sludges and    B3090  Leather dust, ash,
 flours.                                  sludges, or flours not
                                          containing hexavalent chromium
                                          compounds or biocides (note
                                          the related entry on Annex
                                          VIII: A3090).
AD070  Wastes from production,           B4010  Wastes consisting mainly
 formulation an use of inks, dyes,        of waste-based/latex paints,
 pigments, paints, lacquers, varnish.     inks and hardened varnishes
                                          not containing organic
                                          solvents, heavy metals, or
                                          biocides to an extent to
                                          render them hazardous (note
                                          the related entry on Annex
                                          VIII: A4070).
AD110  Acidic solutions................  B2120  Waste acidic or basic
                                          solutions with a pH greater
                                          than 2 and less than 11.5,
                                          which are not corrosive or
                                          otherwise hazardous (note the
                                          related entry on Annex VIII:
                                          A4090).
AD130  Single use cameras with           B4030  Used single use cameras
 batteries.                               with batteries not included in
                                          Annex VIII.
------------------------------------------------------------------------

    In addition, five green listings are potentially covered by 
corresponding listings on Annex VIII (Table 5).

[[Page 44729]]



 Table 5.--OECD Green Listings at Least Partially Covered by Basel Annex
                              VIII Listings
------------------------------------------------------------------------
                                           Basel convention annex VIII
           OECD green listing                        listing
------------------------------------------------------------------------
GB020  Zinc-containing drosses:          A1080  Waste zinc residues not
  GB021  Galvanizing slab zinc top        included on Annex IX,
   dross (>90% Zn)                        containing lead and cadmium in
  GB022  Galvanizing slab zinc bottom     concentrations sufficient to
   dross (>92% Zn)                        exhibit Annex III
  GB023  Zinc die casting dross (>85%     characteristics.
   Zn)
  GB024  Hot dip galvanizer slab zinc
   dross (batch) (>92% Zn)
  GB025  Zinc skimmings
GB040  Slags from precious metals and    A1100  Dusts and residues from
 copper processing for further refining.  gas cleaning systems of copper
                                          smelters.
GC050  Spent Fluid Catalytic Cracking    A2030  Waste catalysts but
 (FCC) catalysts (e.g. aluminum oxide     excluding such wastes as
 zeolites).                               specified on Annex IX.
GG040  Coal fired power plant fly ash..  A2060  Coal fired power plant
                                          fly ash containing Annex I
                                          substances in concentrations
                                          sufficient to exhibit Annex
                                          III characteristics (note the
                                          related entry on Annex IX:
                                          B2050).
GN040  Parings and other waste of        A3100  Waste parings and other
 leather or of composition leather, not   waste of leather or of
 suitable for the manufacture of          composition leather not
 leather articles, excluding leather      suitable for the manufacture
 sludges.                                 of leather articles containing
                                          hexavalent chromium compounds
                                          or biocides (note the related
                                          entry on Annex IX: B3090).
------------------------------------------------------------------------

    Germany, possibly along with other OECD member countries, will 
submit applications to the Basel Convention review procedure for each 
of the missing 21 green listings seeking to add them to Basel Annex IX. 
These applications will be submitted in time to be placed on the agenda 
for the next meeting of the Technical Working Group (TWG) (which 
performs the review procedure functions within the Basel Convention) in 
spring 2000. The purpose of this is to attempt to minimize the 
inconsistencies between the lists as quickly as possible, with a view 
to the goal of substitution of the Basel lists for the OECD lists in 
C(92)39. The 27 missing amber listings will be addressed later, 
including whether and how to add them in light of the Annex I/Annex III 
scope of coverage. The issue of the different wording between the two 
sets of lists for the same or similar wastes and whether to submit 
applications to the Basel TWG to modify the Basel Annex VIII listings 
had not been discussed to date.
    EPA is interested in learning whether members of the U.S. regulated 
community or others have an interest in submitting applications to the 
Basel TWG. Any such applications require the support of and must be 
submitted through at least one government--either a party or a non-
party. Applications submitted through the U.S. government would need 
the support of and would be submitted by EPA.

III. Purpose of Today's Document

    The purpose of today's document is to bring to the public's 
attention recommendation number 3 above and to solicit, on a voluntary 
basis, further information on the potential impacts of and issues 
associated with harmonization of C(92)39 with the Basel Convention. 
Interested parties are welcome to provide information on any of the 
other recommendations; however, EPA is most interested in receiving 
information on recommendation number 3 at this time. EPA may publish 
future Federal Register documents seeking voluntary information 
regarding the other recommendations.
    In consultations with members of the U.S. regulated community, EPA 
has been made aware of a number of general concerns. Most of these 
concerns fall into two main categories: (i) the proposed replacement of 
the green, amber, and red lists with Basel Annexes VIII and IX; and, 
(ii) the proposed replacement of the Review Mechanism with the 
adjustment procedure. In order for EPA and other federal agencies to 
fully understand the potential impacts of harmonizing OECD Council 
Decision C(92)39 with the Basel Convention, today's notice requests 
specific information from interested parties.

A. Specific Information Requested by EPA

    In addition to other information requested throughout this notice, 
EPA is asking the U.S. regulated community and other interested parties 
to provide the following specific information. EPA notes that this 
request is strictly voluntary in nature; however, the Agency encourages 
any and all interested parties to provide the requested information as 
it will be helpful to negotiators in identifying potential areas of 
concern.
1. Waste Lists
    Regarding replacement of the OECD green, amber, and red lists with 
Basel Convention Annexes VIII and IX, general concerns have been 
expressed that use of the Basel lists could affect the flow of 
secondary materials and wastes throughout the OECD area. EPA is 
interested in specific, concrete examples of these concerns in addition 
to the following information:
    a. Statistics and Data. For any and all items listed on the OECD 
green, amber, and red lists, and Basel Convention Annexes VIII and IX, 
the Agency is interested in any and all reasonably available 
information on: (i) established and anticipated future trade patterns 
within the OECD area, (ii) economic value of the trade in these wastes 
and materials, (iii) volumes of the wastes and materials moving within 
the OECD area, and (iv) any other relevant information. Of particular 
importance is information on secondary materials which, when recycled 
in certain ways, are excluded from the definition of solid waste under 
RCRA (e.g. characteristically hazardous sludges which, when reclaimed 
(including when exported within the OECD area for reclamation), are not 
solid wastes). Because these materials are not solid wastes in the 
U.S., but may be considered solid and hazardous waste in other OECD 
countries (and could therefore be subject to C(92)39 in those 
countries), EPA has no knowledge of the volume and economic value of 
this trade, and therefore does not fully understand how substitution of 
the Basel lists for the OECD lists could affect transboundary movements 
of these materials. EPA is also interested in receiving statistics on 
items listed in C(92)39, but that are not listed on Annexes VIII and IX 
(e.g. see section I(C)(1) above).
    It should be noted that because the U.S. implements the terms of 
C(92)39 through RCRA, the current and any future OECD waste lists serve 
as guidance for the U.S. regulated

[[Page 44730]]

community as to how other OECD member countries likely regulate a 
material or waste under the terms of C(92)39. The scope of coverage for 
purposes of U.S. implementation of any harmonized OECD agreement will 
remain as it is under RCRA until and unless EPA obtains other statutory 
authorities that would allow or require changes to the current scope of 
coverage (such as, for example, amendments to RCRA to ratify and 
implement the Basel Convention).
    b. Potential Effects on Transboundary Movements. The Agency is 
interested in any and all information regarding potential problems that 
could arise from the use of Basel Annexes VIII and IX to implement 
C(92)39 as compared to the green, amber, and red lists. For example, 
the OECD waste lists contain Harmonized System (HS), or Customs, codes 
where applicable. The Basel lists do not currently contain HS codes. 
Another example of how potential problems could arise is in the actual 
wording differences between the lists. For example, OECD green listing 
number GC020 has the following wording: ``Electronic scrap (e.g. 
printed circuit boards, electronic components, wire, etc.) and 
reclaimed electronic components suitable for base and precious metal 
recovery'', while the corresponding wording in Basel Annex IX listing 
number B1110 is: ``Electrical and electronic assemblies (including 
printed circuit boards, electronic components and wires) destined for 
direct reuse (reuse can include repair, refurbishment or upgrading, but 
not major assembly), and not for recycling or final disposal (in some 
countries these materials destined for direct reuse are not considered 
wastes)''. Another example would be OECD amber listing number AA060 
``Vanadium ashes and residues'' which has no corresponding Basel Annex 
VIII listing because vanadium does not belong to any category in Annex 
I of the Basel Convention, and therefore cannot be included in Annex 
VIII (i.e. vanadium is outside the scope of the Basel Convention). In 
practice, this could result in uneven control within the OECD area.
2. Waste List Review Procedures
    The Agency is interested in comments regarding changing the current 
Review Mechanism for adjusting the green, amber, and red lists, to a 
new adjustment procedure. Currently, C(92)39 mandates a standing Review 
Mechanism to adjust, on a regular basis, the green, amber, and red 
lists of wastes in appendices 3, 4, and 5 respectively. Any government, 
regulated entity, or other interested party can submit an application 
to the Review Mechanism to add, delete, move, or adjust a waste listing 
as long as the application is supported by at least one member 
government. Although some have indicated an interest in doing so, to 
date, no U.S. entity has ever submitted an application to the OECD 
Review Mechanism through EPA. This apparent lack of interest could 
indicate that the U.S. regulated community is generally satisfied with 
the OECD waste lists. Alternatively, it could mean that given the OECD 
waste lists serve only as guidance for the U.S. regulated community, 
there is not a strong need for waste list adjustments because there is 
no direct impact on the regulated community presented by the lists 
(although there can be significant indirect impacts if U.S. trading 
partners impose OECD controls on wastes or materials not regulated as 
hazardous under U.S. laws and regulations).
    The future operation of C(92)39, in terms of adjustments to its new 
waste lists, would include a body similar to the Review Mechanism to be 
called the adjustment procedure. While the actual operation of the 
adjustment procedure would be similar to the current Review Mechanism, 
there would be some significant differences. Under this new ad-hoc 
body, a U.S. entity interested in applying to make changes to the OECD 
waste lists (e.g. to modify the wording of a particular listing or to 
move a particular listing from one list to the other) would be required 
to first submit an application to the Basel Convention review 
procedure. For example, and as previously discussed, Germany plans to 
submit applications for the 21 OECD green listings not currently in 
Basel Annex IX. If the resulting decision by the Basel COP was 
considered to be insufficient for purposes of intra-OECD trade, or if 
the COP declined to take action at all, the U.S. entity could then, 
with the support of EPA, submit an application to the OECD adjustment 
procedure seeking relief in the OECD forum. If approved by the OECD 
Council, the waste listing would take effect for intra-OECD 
transboundary movements. If not approved by the Council, several 
options are possible. One option would be that the Basel listing, as 
approved by the Basel COP, would apply within the OECD, as would be the 
case when no objection to a Basel listing were raised to the OECD 
Secretariat by an OECD member country. Another option would be that in 
the case where the Basel COP declines action, the unlisted waste or 
material would move within the OECD according to the green tier (which 
would apply to Basel Annex IX wastes) if non-hazardous or to the amber 
tier (which would apply to Basel Annex VIII wastes) if hazardous. This 
is very similar to the status quo where unlisted wastes that are non-
hazardous move according to the green tier, and unlisted hazardous 
wastes move according to the red tier (note: the European Union member 
countries implement this provision differently in that all unlisted 
wastes default to red tier controls, regardless of their 
hazardousness). Because the red list and the corresponding red tier 
control procedure would be eliminated in the harmonized agreement, and 
amber tier controls are envisioned to apply to Annex VIII wastes, the 
default control procedure for an unlisted hazardous waste would be 
amber tier controls. A third option would be that the unlisted waste 
would be subject to the national procedures of the concerned OECD 
member countries. EPA is specifically interested in comments on these 
options.
3. Other Issues
    Finally, EPA is interested in public comment on any other aspect of 
amending and harmonizing C(92)39 with the Basel Convention, including 
but not limited to: the value of the streamlined administrative 
procedures (e.g. tacit consent and pre-consent under the amber tier), 
the value of the risk-based approach to waste listing (including the 
criteria in Annex 2 of C(92)39, and the value of Customs codes in waste 
listings.

    Dated: August 10, 1999.
Elizabeth Cotsworth,
Acting Director, Office of Solid Waste.
[FR Doc. 99-21311 Filed 8-16-99; 8:45 am]
BILLING CODE 6560-50-P