---
kind: "section"
citation: "42 U.S.C. § 6938"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6938"
heading: "Export of hazardous wastes"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6938"
units:
  - "Chapter 82 — Solid Waste Disposal"
  - "Subchapter III — Hazardous Waste Management"
---

# §6938. Export of hazardous wastes

- (a) **In general—** Beginning twenty-four months after November 8, 1984, no [person](/usc/42/6903.md?p=15) shall export any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this subchapter unless[^1]
  - (1)
    - (A) such [person](/usc/42/6903.md?p=15) has provided the notification required in [subsection (c)](#c) of this section,
    - (B) the government of the receiving country has consented to accept such [hazardous waste](/usc/42/6903.md?p=5),
    - (C) a copy of the receiving country’s written consent is attached to the [manifest](/usc/42/6903.md?p=12) accompanying each waste shipment, and
    - (D) the shipment conforms with the terms of the consent of the government of the receiving country required pursuant to [subsection (e)](#e), or
  - (2) the United States and the government of the receiving country have entered into an agreement as provided for in [subsection (f)](#f) and the shipment conforms with the terms of such agreement.
- (b) **Regulations—** Not later than twelve months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall promulgate the regulations necessary to implement this section. Such regulations shall become effective one hundred and eighty days after promulgation.
- (c) **Notification—** Any [person](/usc/42/6903.md?p=15) who intends to export a [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this subchapter beginning twelve months after November 8, 1984, shall, before such [hazardous waste](/usc/42/6903.md?p=5) is scheduled to leave the United States, provide notification to the [Administrator](/usc/42/6903.md?p=1). Such notification shall contain the following information:
  - (1) the name and address of the exporter;
  - (2) the types and estimated quantities of [hazardous waste](/usc/42/6903.md?p=5) to be exported;
  - (3) the estimated frequency or rate at which such waste is to be exported; and the period of time over which such waste is to be exported;
  - (4) the ports of entry;
  - (5) a description of the manner in which such [hazardous waste](/usc/42/6903.md?p=5) will be transported to and treated, stored, or disposed in the receiving country; and
  - (6) the name and address of the ultimate [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33) or [disposal](/usc/42/6903.md?p=3) facility.
- (d) **Procedures for requesting consent of receiving country—** Within thirty days of the [Administrator](/usc/42/6903.md?p=1)’s receipt of a complete notification under this section, the Secretary of State, acting on behalf of the [Administrator](/usc/42/6903.md?p=1), shall—
  - (1) forward a copy of the notification to the government of the receiving country;
  - (2) advise the government that United States law prohibits the export of [hazardous waste](/usc/42/6903.md?p=5) unless the receiving country consents to accept the [hazardous waste](/usc/42/6903.md?p=5);
  - (3) request the government to provide the [Secretary](/usc/42/242q–4.md?p=2) with a written consent or objection to the terms of the notification; and
  - (4) forward to the government of the receiving country a description of the Federal regulations which would apply to the [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), and [disposal](/usc/42/6903.md?p=3) of the [hazardous waste](/usc/42/6903.md?p=5) in the United States.
- (e) **Conveyance of written consent to exporter—** Within thirty days of receipt by the Secretary of State of the receiving country’s written consent or objection (or any subsequent communication withdrawing a prior consent or objection), the [Administrator](/usc/42/6903.md?p=1) shall forward such a consent, objection, or other communication to the exporter.
- (f) **International agreements—** Where there exists an international agreement between the United States and the government of the receiving country establishing notice, export, and enforcement procedures for the transportation, [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), and [disposal](/usc/42/6903.md?p=3) of [hazardous wastes](/usc/42/6903.md?p=5), only the requirements of subsections [(a)(2)](#a-2) and [(g)](#g) shall apply.
- (g) **Reports—** After November 8, 1984, any [person](/usc/42/6903.md?p=15) who exports any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under [section 6921 of this title](/usc/42/6921.md) shall file with the [Administrator](/usc/42/6903.md?p=1) no later than March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate destination of all such [hazardous waste](/usc/42/6903.md?p=5) exported during the previous calendar year.
- (h) **Other standards—** Nothing in this section shall preclude the [Administrator](/usc/42/6903.md?p=1) from establishing other standards for the export of [hazardous wastes](/usc/42/6903.md?p=5) under [section 6922 of this title](/usc/42/6922.md) or [section 6923 of this title](/usc/42/6923.md).

## Footnotes

[^1]: So in original. Probably should be followed by a dash.

## Source credit

(Pub. L. 89–272, title II, § 3017, as added Pub. L. 98–616, title II, § 245(a), Nov. 8, 1984, 98 Stat. 3262.)