Making Sense of the New BASEL E-waste Notification Requirements

Starting January 1^st, 2025, electronic waste and scrap shipments are subject to Basel Convention requirements. Basel Party countries exporting e-waste and scrap must obtain the importing country’s consent prior to initiating the shipments.

From an environmental regulatory perspective, the Basel Convention aims to protect human health and the environment against the adverse effects of hazardous wastes and other wastes. It regulates the transboundary movements of these wastes and requires its 191 Parties, including China and Mexico, to manage and dispose of them in an environmentally sound manner. Although the U.S. is a signatory to the convention, we have not ratified the agreement, nor are we a party member. This means that we observe the agreement, however we have limited influence on the treaty.

Consent between countries is intended to ensure that potentially harmful materials are directed to facilities equipped to recover those resources in a safe and environmentally sound manner.

Changes to the Classification of E-waste and Scrap

Historically, only hazardous e-waste was controlled, and non-hazardous e-waste could generally be traded freely. The new classification identifies hazardous and non-hazardous e-waste and scrap into three categories:

• Whole equipment
• Components (e.g., displays, peripheries, and circuit boards)
• Fractions resulting from processing (e.g., shredding, dismantling)

Hazardous e-waste includes materials that may contain cadmium, lead, and mercury or otherwise exhibit the characteristic of a hazardous waste. Examples include Cathode Ray Tubes or certain types of fluorescent bulbs; essentially, any electronic device containing heavy metals or toxic chemicals that can leach into the environment if not disposed of properly.

Examples of non-hazardous e-waste or scrap include items and materials that do not exhibit the characteristic of hazardous waste such as plastic casings, wiring made from copper or aluminum components like heatsinks or switches.

Some scrap and other material generated from the processing of electronics and e-waste are already covered by an existing Basel listing and are not classified as e-waste under the new requirements because they are already subject to existing rules. These may include mixed contaminated plastics metal waste, and some existing electronic components such as batteries, and cables.

Procedures for Notification for Prior Consent

The newly classified e-waste and scrap are subject to similar notification procedures as universal waste and hazardous waste. This procedure is known as “prior informed consent” and includes:

• The “Exporter” filing a Notice of Intent (NOI) to export to the country of export.
• The exporting country government forwards the notice to the intended importing countries government.
• The importing country notifies the exporting country’s government of their determination. This means they may object, consent, or conditionally consent.
• If the shipment is consented to the exporter will receive an Acknowledgement of Consent (AOC). The conditions of an acknowledgement of consent provide an approved volume and time period, typically one year.

Notifications of intent are submitted to the U.S. Environmental Protection Agency (U.S. EPA) via the Waste Import Export Tracking Systems (WIETS) on the RCRAInfo website.

Impact to U.S. Exports and Imports of E-waste and Scrap

While the United States is not a party to the Basel Convention, 190 countries and the European Commission have ratified the treaty. The new BASEL classifications and notification requirements will impact U.S. exports and imports of e-waste and scrap because U.S. trading partners are required to implement the requirements. Basel members are prohibited from trading waste and scrap with countries that are not parties or who do not have a separate bilateral or multilateral agreement in place that conform to the Basel Convention conditions.

The U.S. has an agreement that addresses both exports and imports of hazardous and non-hazardous e-waste and scrap with member countries of the Organization for Economic Cooperation and Development (OECD). It is expected that most OECD countries will apply the same informed consent requirements to Basel-controlled e-waste and scrap. However, it is unclear what, if any, additional requirements OECD countries may impose on these types of shipments.

How ALL4 Can Help

As industries prepare for these changes, ALL4 can assist organizations in navigating the notification and consent process and assessing downstream recycling facilities and transportation service both domestically and abroad.

Our goal is to support facilities as they adapt to these and other compliance challenges while prioritizing the health and safety of your work and the environment. If you’re interested in learning more about how we can assist, please reach out to pjohnson@all4inc.com.