Chapter §9.4 - Import and Export of Hazardous Substances

• Jurisdiction: Washington

§9.4 IMPORT AND EXPORT OF HAZARDOUS SUBSTANCES

The import and export of hazardous materials is controlled jointly by the EPA, the U.S. DOT, and U.S. Customs Service. The HMTA gives the U.S. DOT discretion to adopt standards for the transportation of hazardous materials identical to, or more stringent than, those issued by the United Nations. 49 U.S.C. §5120. Anyone importing a hazardous material into the United States must provide to the shipper, the forwarder, and the carrier notifications on the shipping documents consistent with transportation within the United States at the point of entry. 49 C.F.R. § 171.22(f). The shipper must certify that the load is in the proper condition for shipment and must provide that documentation to the carrier Id. Exceptions to these standards are made for shipments either from or to Canada. Id.

No chemical may enter the United States unless it has been identified on its chemical inventory. 15 U.S.C. §§ 2607, 2612. Even if the chemical is appropriately packaged and marked for...