In May 2019, 187 countries decided to significantly restrict international trade in plastic scrap (recyclables) and waste to help address the improper disposal of plastic waste and reduce its leakage into the environment. As a result of these changes, transboundary shipments of most plastic scrap and waste will be controlled, or regulated, for the first time under a treaty called the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, effective January 1, 2021. Moving forward, international shipments of most plastic scrap and waste will be allowed only with the prior written consent of the importing country and any transit countries.
How the New Basel Plastic Scrap and Waste Amendments will Impact U.S. Exports and Imports
While the United States is not a Party to the Basel Convention, 187 countries are Party. The new Basel provisions will have significant impacts on exports and imports of U.S. plastic recyclables because many U.S. trading partners will implement the Basel plastic scrap and waste amendments. Because of a longstanding provision under the Basel Convention that prohibits trade between countries that have ratified the Convention (i.e., Parties) and non-Party countries, Basel Parties will not be able to trade Basel-controlled plastic scrap and waste with the United States absent a separate bilateral or multilateral agreement that meets certain Basel Convention criteria. While the United States has one such agreement that addresses trade in non-hazardous plastic scrap with member countries of the Organization for Economic Cooperation and Development (OECD), much uncertainty remains about what requirements OECD countries will impose on such trade. In some cases, OECD countries may not allow trade in non-hazardous plastic scrap with the United States under the terms of the existing OECD agreement.
What Requirements Will Apply to U.S. Exports and Imports of Plastic Scrap and Waste
In the United States, U.S. exports and imports of non-hazardous waste, including non-hazardous plastic scrap and waste, are not subject to export and import requirements under the U.S. Resource Conservation and Recovery Act (RCRA), the U.S. waste management law, and its implementing regulations. However, U.S. exports and imports of non-hazardous plastic scrap and waste are subject to applicable laws and regulations in the country or countries that control the waste, as well as any applicable international agreement, such as the Basel Convention. As described above, many countries will apply Basel Convention requirements to transboundary movements of this material.
While most plastic scrap and waste is not considered hazardous waste under RCRA, U.S. shipments of waste regulated as hazardous waste (including hazardous plastic waste) under RCRA are subject to RCRA hazardous waste export and import requirements, applicable foreign laws and regulations, as well as any applicable international agreement, such as the Basel Convention. EPA prepared the set of answers to frequently asked questions below to help facilitate compliance with the new international requirements for transboundary movements of plastic scrap and waste.