Understanding the U.S. EPA Recycling Rules

The U.S. Environmental Protection Agency (EPA) plays a central role in how recyclable materials are classified, managed, and exported, particularly in global scrap trade. Under the comprehensive guidelines of the Resource Conservation and Recovery Act (RCRA), the EPA distinguishes between waste and recyclable materials, a distinction that significantly influences the legal and logistical status of exported goods.

For industry players exporting recyclable materials—especially scrap metal, e-waste, and other secondary materials—the implications of these rules are far-reaching. The EPA’s export-related compliance framework is part of the broader regulatory system designed to prevent environmental harm from international waste movement and ensure safe handling of potentially hazardous recyclables.

Key Regulatory Milestones and Scope

Introduced in 1976, the RCRA has evolved into one of the most robust bodies of law for managing hazardous waste in the U.S. Amendments over the decades, especially the Hazardous and Solid Waste Amendments (HSWA), have expanded its scope to include stricter export controls. In practical terms, these controls impact the cross-border commerce of:

• Spent lead-acid batteries (SLABs)

• Electronic scrap (printed circuit boards, cathode ray tubes)

• Industrial sludges and residues

• Contaminated ferrous and non-ferrous metals

EPA guidelines make a clear distinction between adequately reclaimed materials versus those deemed “discarded waste.” A recyclable material that is still considered a waste under RCRA must adhere to a more stringent export compliance process. Moreover, the EPA follows OECD protocols for managing transboundary waste movement, further complicating documentary compliance for exporters dealing with OECD and non-OECD countries alike (India is a non-OECD member).

Detailed Mandatory Compliance Steps

Exporters must diligently adhere to steps that include both pre-shipment and in-transit requirements. The process includes:

1. Prior Informed Consent (PIC): Advance notification to the EPA and documented consent from the destination country—India in this context—under the cross-border movement provisions. This aligns with the Basel Convention’s requirements regarding transboundary movements of hazardous waste.

2. Shipping Manifests and Notifications: The Uniform Hazardous Waste Manifest ensures cradle-to-grave document tracking. This is not merely a formality but an essential compliance tool providing chain-of-custody clarity for each shipment.

3. Certificate of Recycling Completion (CRC): Proving that the material has been managed by an EPA-permitted recycler and that the recycling process met regulatory benchmarks.

4. Transporter and Handler ID Numbers: Assigned under the EPA’s e-Manifest program, these identifiers trace who is responsible at every logistical touchpoint.

Neglecting even one document or misclassifying commodity code designations can cause international delays, regulatory penalties, or seizure of goods by customs officials in either country.

Impact of Reclassification Under Recent Legal Updates

Significantly, the EPA's Definition of Solid Waste Final Rule (DSW) has reshuffled how recyclable materials are governed. The reform intended to encourage safe, legitimate recycling while cleaning up the so-called "sham recycling" loopholes. In real time, exporters shipping to countries like India must prove that:

• The scrap material offers economic value beyond disposal costs.

• It will be handled in a manner that is protective of both human health and the environment.

• Responsible facilities, both in the U.S. and in the receiving country, are disposing/recycling per acceptable procedures.

These due diligence requirements amplify scrutiny for international transactions, making the line between trash and trade thinner than ever. Exporters operating without sufficient clarity on DSW provisions risk large-scale compliance failures in multinational operations.

Insight: How the EPA Supports Circular Economy Goals

While it may appear overly bureaucratic at first glance, the EPA’s strict waste export rules are designed to support broader sustainability goals. By enforcing high standards, the EPA discourages dumping of low-grade or poorly sorted scrap in developing countries—a practice that has previously led to environmental degradation.

This vision aligns with global sustainability goals laid out in the U.N. Sustainable Development Goals (SDG), in particular:

• SDG 12: Responsible Consumption and Production

• SDG 13: Climate Action

By ensuring recyclables are treated as valuable resources rather than as burdens, the EPA promotes the idea of a Circular Economy—where waste is minimized, resource efficiency is enhanced, and secondary raw materials are mainstreamed into manufacturing processes both locally and globally.

Real-World Example: SLAB Export to Chennai Port

Consider an exporter in California shipping spent lead-acid batteries (SLABs) to a secondary smelter in India’s Tamil Nadu region. Without obtaining prior EPA clearance and corresponding Indian import licenses specific to hazardous waste, containers may be detained at Indian ports. In one 2022 case, a U.S. firm failed to submit its Pre-Export Notification and listed the batteries under general “lead scrap.” Indian authorities detained the cargo and issued penalty fines as per the Hazardous Waste Management Rules, 2016—a move that financially crippled the exporter due to demurrage fees and misclassification.

India’s Import Policy for Scrap Materials: The “Mirror Policy” Effect

India’s rules for importing scrap don’t exist in a vacuum—they’re built to mirror (and often tighten) international controls, especially the Basel Convention, and then operationalize them through India’s own environmental and trade machinery. Here’s how that plays out on the ground for metal, e-waste, plastics and battery-containing streams.

1) The legal architecture at home (what actually applies to your shipment)

At the core is the Environment (Protection) Act, 1986, implemented via the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 (“HOWM Rules”). These rules import Basel’s structure directly: “hazardous” and “other” wastes are listed in Schedules that cross-reference Basel entries; imports of some wastes are outright prohibited (Schedule VI), while others are allowed only with prior permissions and strict procedures (Rule 13). If you’re moving any stream that can fall under a Basel listing (even if you call it “scrap”), you must map it to the correct Indian Schedule before you book the box. FAOLEXIndustrial Waste Management Association

Two other nationwide frameworks now sit alongside HOWM and matter for scrap-adjacent cargo:
E-Waste (Management) Rules, 2022 – These replaced the 2016 e-waste rules and hard-wire Extended Producer Responsibility (EPR) into India’s national portal. If you import used EEE (for repair/refurbishment or otherwise), you inherit 100% EPR liability at end-of-life unless re-exported—this changes the economics and paperwork of “repairables” vs true scrap. Madhya Pradesh Pollution Control Board+1Central Pollution Control Board

Battery Waste Management Rules, 2022 – Any importer of batteries or equipment containing batteries is treated as a “Producer,” must register on CPCB’s EPR portal, and must meet recovery/collection targets. If your metal scrap includes embedded batteries or you move end-of-life battery streams to recyclers, these rules trigger. EPR Battery+1

Bottom line: before you label a shipment “non-hazardous scrap,” you still need a Basel→HOWM schedule mapping, and—for used EEE and batteries—EPR registration and target planning. FAOLEXMadhya Pradesh Pollution Control BoardEPR Battery

2) How Basel amendments directly shaped India’s import stance

Plastic waste (2019 Basel amendments): After Parties tightened controls on transboundary movement of plastic scrap, India amended the HOWM Rules to ban the import of solid plastic waste (including for SEZ/EOU units). That ban has been enforced nationally since 2019, aligning the country with the new PIC regime on plastics. If you used to rely on India to absorb mixed/plastic-rich residues from metal sorting, that door is shut. EPADigital Sansad

E-waste tightening: While Basel’s 2022 e-waste listings refined control lines, India’s E-Waste Rules, 2022 simultaneously moved to a central EPR system and sharpened import obligations for used EEE—practically mirroring the international direction of travel and raising the compliance floor for refurbish/recycle flows. Madhya Pradesh Pollution Control Board

3) Port-level friction: where shipments historically got stuck

India has long required radiation and explosives screening for metal scrap, and created a “designated ports” model for unshredded imports. Since 2016, ports had to install Radiation Portal Monitors (RPMs) and container scanners to retain designation; deadlines were extended more than once as hardware rolled out. In practice, missing or overloaded scanners, disputes over PSIC (pre-shipment inspection certificate) validity, and schedule-mapping disputes (Basel/HS vs HOWM Schedules) were prime drivers of dwell time and demurrage. World Trade ScannerRecycling Today
To reduce surprises, DGFT issued an SOP for random checking of imported metal scrap for radioactive contamination (Nov 2021). This regularized when/where boxes get opened or sampled and clarified documentation triggers for Customs. DGFTvpt.shipping.gov.in
Another choke-point used to be paper PSICs and verification. That’s why DGFT launched the online PSIC module—from 1 July 2022, PSICs are expected to be generated/validated on the DGFT system, which has steadily lowered document authenticity disputes at the gate. Directorate General of Foreign TradeIndiaFilings

4) Today’s inspection mandates you actually feel at the terminal

a) PSIC rules + “safe country” carve-outs

By default, metallic scrap (shredded and unshredded) requires PSIC from the country of origin. However, DGFT has carved out a facilitation track for consignments from six “safe countries/regions” (USA, UK, Canada, New Zealand, Australia, EU) if they clear through specific ports. The list has expanded over time:
Jan 14, 2022: PSIC exemption available at 10 ports (e.g., Chennai, Tuticorin, Kandla, JNPT, Mumbai, Krishnapatnam, Kattupalli, Hazira, Kamarajar, plus others) for shipments from the six safe countries/regions—still subject to radiation/explosives checks via portal monitors and container scanners. DGFT

Feb 14, 2024: DGFT added Adani Gangavaram and updated the designated-port roster—11 ports now enable the PSIC exemption for those safe-country shipments; India also reaffirmed the broader 19 designated ports where scrap imports can take place. Radiation and scanner checks remain mandatory at the port of clearance. Project Exports

b) Random radioactivity checks

Even with a valid PSIC—or with a safe-country/port combo—Customs can still send a box to the random-check lane under DGFT’s SOP. Plan for this in dwell-time buffers. DGFT

c) Designated-port rule for unshredded scrap

If your cargo is unshredded, clearance must be through designated ports equipped with RPMs and scanners. Using a non-designated gateway for unshredded consignments remains the most common trigger for detentions. World Trade Scanner

5) Practical compliance playbook (what to bake into your bookings)

Do a Basel→HOWM schedule mapping in your commercial pack and put the cited entry in the invoice/packing list. If you’re shipping streams anywhere near Schedule VI lines, rethink the route; those are prohibited. FAOLEX

Pick your port deliberately. For unshredded metal scrap, use designated ports only. For safe-country cargo (US/UK/EU/CA/NZ/AU), route through one of the 11 PSIC-exempt ports to remove one document from the stack—but still expect RPM/scanner checks. Project Exports

Generate PSIC on the DGFT system when required; don’t rely on paper workflows post-2022. Have your counter-party upload/validate early. Directorate General of Foreign Trade

E-waste and used EEE: ensure the consignee (or you, if the importer of record) is EPR-registered and understands 100% liability on imported units not re-exported post-refurb. Wrong labeling (“metal scrap” for quasi-functional boards) invites holds. Madhya Pradesh Pollution Control Board

Battery-bearing streams: confirm CPCB portal Producer registration and downstream recycler registration before you book. Customs increasingly asks for these when battery content is declared or detected. EPR Battery

Dwell-time math: build buffer for random radiation checks and scanner lane queues—these are part of the current SOP and not a sign of trouble by themselves. DGFT

Why this “mirrors” U.S./Basel decisions

As the U.S. tightens legitimacy criteria under RCRA/DSW and Basel Parties elevate controls (e.g., plastics; e-waste listings), India’s response has been to transpose that spirit into domestic law and port practice—banning plastic-waste imports, tightening EPR for e-waste/batteries, and demanding radiation/scanner infrastructure at gateways. For traders, “mirror policy” means the compliance bar you see on the U.S./Basel side tends to reappear in India’s import rules, often with additional port-specific gates you must clear.