As a result of an increase in volume of hazardous substances entering and departing the United States, CBP has recognized the need to develop a safe, uniform, and environmentally sound plan for the processing of this type of merchandise. CBP is committed to taking all steps necessary to reduce the risk of injury or illness caused by hazardous materials in the workplace.

Members of the import, export, and transportation community are encouraged to take note of recent emphasis taken by CBP regarding Section A (3) c of the CBP Hazardous Cargo Plan.

This section specifically states, "all importations of hazardous cargo demand formal entry." CBP emphasizes that this requirement is inclusive of residue from empty containers returning to the U.S. Therefore, "empty" containers that have been used to transport any material(s) listed in 49 CFR or 29 CFR Appendix E, must either present a formal entry or proof that the container has been steam rinsed/cleaned prior to presentation. The formal entry provides an official record of the movement of these materials, (i.e., residue) the quantity and value of which are negligible. The residue can be reported as 1 unit (gallon/kg and dollars) and the manifest should be annotated to indicate that the shipment is residue.

The Hazardous Communications Standard was issued by the Occupational Safety and Health Administration (OSHA) in 1983 and revised in 1987. Executive Order 12196 (1960) provides the authority for implementing this standard within the Federal Sector. The following is an extract of the Hazardous Communications Program established by CBP.

1. DOCUMENTATION REQUIREMENTS FOR THE IDENTIFICATION AND PROCESSING OF HAZARDOUS CARGO (40 CFR 262, 49 CFR 171 & 172)

1. Manifest Requirements

1. Any cargo that is considered hazardous must be manifested in accordance with existing regulations.
2. It should be noted that hazardous waste can be more dangerous than other types of hazardous cargo because of the infinite variety of chemical combinations, which may be present, and because it is more likely to be transported in old, recycled, and possibly damaged shipping containers. EPA Form 8700-22 (Uniform Hazardous Waste Manifest) must be presented to CBP Officers.

1. Marking/Labeling/Packaging/Placarding Requirements

1. CBP officers should ensure that all hazardous cargo is clearly marked, labeled, packaged and/or placarded in accordance with the requirements of all federal agencies.
2. Leaking, improperly marked, labeled, packaged, and/or placarded hazardous cargo will not be released by CBP.

1. Import/Export Requirements

1. Hazardous cargo will not be processed, examined or released until all information and documentation required by law is submitted to CBP.
2. Importers and exporters are encouraged to present required documentation in advance to allow CBP personnel to review the documentation and make any necessary examination arrangements.
3. All importations of hazardous cargo, with one exception, require a formal entry. An informal entry will be accepted only for sample shipments that are being imported for analysis under the EPA Hazardous Waste Program.
4. Each Shipper’s Export Declaration (SED) submitted for hazardous cargo must be clearly noted with the phrase "HAZARDOUS CARGO" or "HAZARDOUS WASTE" in the description section of this form (15 CFR 30).
5. 40 CFR 262.53 requires the that for exports of hazardous waste, a primary exporter must notify the EPA of the intended export sixty (60) days prior to the shipment so that EPA can obtain consent of the government of the importing country. Also, a copy of the EPA Acknowledgment of Consent must be attached to the Uniform Hazardous Waste Manifest (40 CFR 262, Subpart E).

1. Additional Documentation Required

1. TRANSPORTATION AND STORAGE

1. Transportation Requirements

1. Minimum Levels of Financial Responsibility for Motor Carriers. Motor carriers operating motor vehicles transporting hazardous materials, hazardous substances, or hazardous waste in interstate, foreign, or intrastate commerce must maintain the minimum levels as specified in 49 CFR 387, Subpart A and must have in board the vehicle proof of the required financial responsibility.
2. All transporters of manifested hazardous waste must have an identification number issued by EPA (40 CFR 263.11).
3. The Port Director is obligated to maintain custody for not more than 48 hours after the date of detention (19 CFR 12.122). After this time, the shipment is considered unclaimed or abandoned and must be turned over to EPA for storage or disposition. Therefore, hazardous cargo should generally never be entered into General Order.

1. Discharge Cleanup/Bond Requirements

1. A transporter must clean up any hazardous waste discharge that occurs during transportation or take such action as may required or approved by federal, state or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment (40 CFR 263, Subpart C).
2. In addition, the Port Director may require a bond or other security considered necessary for the protection of the revenue or to assure compliance with any pertinent law, regulation or instruction (19 CFR 12.3 and 113). Therefore, an importer may be required to post an entry bond to cover any costs related to the containment, cleanup, and disposal of hazardous cargo that is in CBP custody [19 CFR 113.62 (g) (2)].

1. EXAMINATION AND SAMPLING OF HAZARDOUS CARGO

1. General

1. CBP personnel must ensure that confined spaces, such as shipping containers, truck trailers, and rail cars, have been properly ventilated before conducting an examination of the contents.
2. If properly trained CBP personnel and examination facilities are not available to safely inspect or sample hazardous cargo, the importer/exporter can select a qualified hazardous material contractor (from a list compiled locally) to perform the examination or sampling under CBP supervision. All costs incurred will be borne by the importer/exporter.

1. Examination for Compliance or Sampling

1. Compliance examinations of hazardous cargo will not be performed unless all the proper CBP documentation has been presented. If it is determined that a physical sample cannot be safely obtained at the Port of Entry, CBP Form 28 will be issued to the importer of record and the merchandise conditionally released to the importer’s premises. The CBP Form 28 will specifically indicate that if a physical sample is required (depending on the import specialist’s discretion), it is the importer’s responsibility under the provisions of the conditional release to forward the sample to the appropriate CBP servicing Laboratory.
2. Any shipment for which any documentation or information is deficient may be detained, refused entry or returned to the shipper until all CBP requirements have been met. All costs incurred, as a result of this transportation and/or storage will be borne by the importer.