NR 661.0004(1)(x)6.d.
d. The reclaimer and intermediate facility shall manage the hazardous secondary material in a manner that is at least as protective as that employed for analogous raw material and the hazardous secondary material shall be contained. “Analogous raw material” means a raw material for which a hazardous secondary material is a substitute and that serves the same function and has similar physical and chemical properties as the hazardous secondary material.
NR 661.0004(1)(x)6.e.
e. Any residuals that are generated from reclamation processes will be managed in a manner that is protective of human health and the environment. If any residuals exhibit a hazardous characteristic according to subch.
C of ch. NR 661, or if the residuals are specifically listed in subch.
D of ch. NR 661, the residuals are hazardous wastes and shall be managed in accordance with the applicable requirements under chs.
NR 660 through
670.
NR 661.0004(1)(y)
(y) Hazardous secondary material that is exported from the United States and reclaimed at a reclamation facility located in a foreign country is not a solid waste, provided that the hazardous secondary material generator complies with the applicable requirements under par.
(x) 1. to
5., excepting par.
(x) 5. b. 2) for foreign reclaimers and foreign intermediate facilities, and that the hazardous secondary material generator also complies with all of the following requirements:
NR 661.0004(1)(y)1.
1. The hazardous secondary material generator shall notify EPA of an intended export before the hazardous secondary material is scheduled to leave the United States. A complete notification shall be submitted 60 days before the initial shipment is intended to be shipped off-site. The notification may cover export activities extending over a 12 month or lesser period. The notification shall be in writing, signed by the hazardous secondary material generator, and include all of the following information:
NR 661.0004(1)(y)1.a.
a. The name, mailing address, telephone number and EPA ID number, if applicable, of the hazardous secondary material generator.
NR 661.0004(1)(y)1.b.
b. A description of the hazardous secondary material and the EPA hazardous waste number that would apply if the hazardous secondary material were managed as hazardous waste and the U.S. DOT proper shipping name, hazard class and ID number (UN/NA) for each hazardous secondary material as identified in
49 CFR parts 171 to
177.
NR 661.0004(1)(y)1.c.
c. The estimated frequency or rate at which the hazardous secondary material is to be exported and the period of time over which the hazardous secondary material is to be exported.
NR 661.0004(1)(y)1.e.
e. All points of entry to and departure from each foreign country through which the hazardous secondary material will pass.
NR 661.0004(1)(y)1.f.
f. A description of the means by which each shipment of the hazardous secondary material will be transported, such as mode of transportation vehicle (air, highway, rail, water, etc.), type of container (drums, boxes, tanks, etc.).
NR 661.0004(1)(y)1.g.
g. A description of the manner in which the hazardous secondary material will be reclaimed in the country of import.
NR 661.0004(1)(y)1.h.
h. The name and address of the reclaimer, any intermediate facility and any alternate reclaimer and intermediate facilities.
NR 661.0004(1)(y)1.i.
i. The name of any countries of transit through which the hazardous secondary material will be sent and a description of the approximate length of time it will remain in such countries and the nature of its handling while there.
NR 661.0004 Note
Note: For the purposes of this paragraph, the terms “EPA acknowledgement of consent,” “country of import” and “country of transit” are used as defined in s.
NR 662.081 with the exception that the terms in this section refer to hazardous secondary material, rather than hazardous waste.
NR 661.0004(1)(y)2.
2. Notifications shall be submitted electronically using EPA's Waste Import Export Tracking System or its successor system.
NR 661.0004(1)(y)3.
3. Except for changes to the telephone number in subd.
1. a. and decreases in the quantity of hazardous secondary material indicated pursuant to subd.
1. d., when the conditions specified on the original notification change, including any exceedance of the estimate of the quantity of hazardous secondary material specified in the original notification, the hazardous secondary material generator shall provide EPA with a written renotification of the change. Except for changes to subd.
1. i. and in the ports of entry to and departure from countries of transit pursuant to subd.
1. e., the shipment may not take place until consent to the changes from the country of import has been obtained and the hazardous secondary material generator receives from EPA an EPA acknowledgment of consent reflecting the country of import's consent to the changes.
NR 661.0004(1)(y)4.
4. Upon request by EPA, the hazardous secondary material generator shall furnish to EPA any additional information a country of import requests in order to respond to a notification.
NR 661.0004(1)(y)5.
5. EPA will provide a complete notification to the country of import and any countries of transit. A notification is complete when EPA receives a notification that EPA determines satisfies the requirements specified in subd.
1. When a claim of confidentiality is asserted with respect to any notification information required by subd.
1., EPA may find the notification not complete until any such claim is resolved in accordance with
40 CFR 260.2.
NR 661.0004(1)(y)6.
6. The export of hazardous secondary material under this paragraph is prohibited unless the country of import consents to the intended export. When the country of import consents in writing to the receipt of the hazardous secondary material, EPA will send an EPA acknowledgment of consent to the hazardous secondary material generator. Where the country of import objects to receipt of the hazardous secondary material or withdraws a prior consent, EPA will notify the hazardous secondary material generator in writing. EPA will also notify the hazardous secondary material generator of any responses from countries of transit.
NR 661.0004(1)(y)7.
7. For exports to OECD member countries, the receiving country may respond to the notification using tacit consent. If no objection has been lodged by any country of import or countries of transit to a notification provided pursuant to subd.
1. within 30 days after the date of issuance of the acknowledgement of receipt of notification by the competent authority of the country of import, the transboundary movement may commence. In such cases, EPA will send an EPA acknowledgment of consent to inform the hazardous secondary material generator that the country of import and any relevant countries of transit have not objected to the shipment, and are thus presumed to have consented tacitly. Tacit consent expires one calendar year after the close of the 30 day period. Renotification and renewal of all consents is required for exports after that date.
NR 661.0004(1)(y)8.
8. A copy of the EPA acknowledgment of consent shall accompany the shipment. The shipment shall conform to the terms of the EPA acknowledgment of consent.
NR 661.0004(1)(y)9.
9. If, for any reason, a shipment cannot be delivered to the reclaimer, intermediate facility, or the alternate reclaimer or alternate intermediate facility, the hazardous secondary material generator shall re-notify EPA of a change in the conditions of the original notification to allow shipment to a new reclaimer in accordance with subd.
3. and obtain another EPA acknowledgment of consent.
NR 661.0004(1)(y)10.
10. A hazardous secondary material generator shall keep a copy of each notification of intent to export and each EPA acknowledgment of consent for a period of 3 years following receipt of the EPA acknowledgment of consent. A hazardous secondary material generator may satisfy this recordkeeping requirement by retaining electronically submitted notifications or electronically generated acknowledgements in their account on EPA's Waste Import Export Tracking System, or its successor system, provided that such copies are readily available for viewing and production if requested by EPA or the department. No hazardous secondary material generator may be held liable for the inability to produce a notification or acknowledgement for inspection under this section if they can demonstrate that the inability to produce such copies are due exclusively to technical difficulty with EPA's Waste Import Export Tracking System, or its successor system, for which the hazardous secondary material generator bears no responsibility.
NR 661.0004(1)(y)11.
11. A hazardous secondary material generator shall file with the EPA administrator no later than March 1 of each year a report summarizing the types, quantities, frequency, and ultimate destination of all hazardous secondary material exported during the previous calendar year. Annual reports shall be submitted electronically using EPA's Waste Import Export Tracking System, or its successor system. Such reports shall include all of the following information:
NR 661.0004(1)(y)11.a.
a. The name, mailing and site address, and EPA ID number, if applicable, of the hazardous secondary material generator.
NR 661.0004(1)(y)11.d.
d. By reclaimer and intermediate facility, for each hazardous secondary material exported, a description of the hazardous secondary material and the EPA hazardous waste number that would apply if the hazardous secondary material was managed as hazardous waste, the DOT hazard class, the name and EPA ID number, where applicable, for each transporter used, the total amount of hazardous secondary material shipped and the number of shipments pursuant to each notification.
NR 661.0004(1)(y)11.e.
e. A certification signed by the hazardous secondary material generator that states: “I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment.”
NR 661.0004 Note
Note: The requirements of par. (y) are based on
40 CFR 261.4 (a) (25) and are administered by EPA and not the department because the exercise of foreign relations and international commerce powers is reserved to the federal government under the U.S. Constitution. Wisconsin has adopted these requirements into its rules for the convenience of the regulated community and for completeness. The enforcement of the
40 CFR 261.4 (a) (25) requirements remains EPA's responsibility even though Wisconsin has adopted these requirements into its rules. Wisconsin plays a key role in providing EPA with information on whether Wisconsin facilities designated to receive hazardous waste imports are authorized to manage specific wastes and in ensuring facility compliance with all applicable environmental laws and rules.
NR 661.0004(1)(z)
(z) Solvent-contaminated wipes that are sent for cleaning and reuse are not solid wastes from the point of generation, provided all of the following are met:
NR 661.0004(1)(z)1.
1. The solvent-contaminated wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers that are labeled “Excluded Solvent-Contaminated Wipes.” The containers shall be able to contain free liquids, should free liquids occur. During accumulation, a container is considered closed when there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove solvent-contaminated wipes. When the container is full, or when the solvent-contaminated wipes are no longer being accumulated, or when the container is being transported, the container shall be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions.
NR 661.0004(1)(z)2.
2. The solvent-contaminated wipes may be accumulated by the generator for up to 180 days from the start date of accumulation for each container prior to being sent for cleaning.
NR 661.0004(1)(z)3.
3. At the point of being sent for cleaning on-site or at the point of being transported off-site for cleaning, the solvent-contaminated wipes shall contain no free liquids as defined in s.
NR 660.10 (48).
NR 661.0004(1)(z)4.
4. Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes shall be managed according to the applicable regulations specified in chs.
NR 660 to
673.
NR 661.0004(1)(z)5.
5. A generator shall maintain at its site all of the following documentation:
NR 661.0004(1)(z)5.a.
a. Name and address of the laundry or dry cleaner that is receiving the solvent-contaminated wipes.
NR 661.0004(1)(z)5.c.
c. Description of the process the generator is using to ensure the solvent-contaminated wipes contain no free liquids at the point of being laundered or dry cleaned on-site or at the point of being transported off-site for laundering or dry cleaning.
NR 661.0004(1)(za)
(za) Hazardous secondary material that is generated and then transferred to another person for the purpose of remanufacturing is not a solid waste, provided that all of the following are met:
NR 661.0004(1)(za)1.
1. The hazardous secondary material consists of one or more of the following spent solvents: toluene, xylenes, ethylbenzene, 1,2,4-trimethylbenzene, chlorobenzene, n-hexane, cyclohexane, methyl tert-butyl ether, acetonitrile, chloroform, chloromethane, dichloromethane, methyl isobutyl ketone, NN-dimethylformamide, tetrahydrofuran, n-butyl alcohol, ethanol, or methanol.
NR 661.0004(1)(za)2.
2. The hazardous secondary material originated from using one or more of the solvents listed in subd.
1. in a commercial grade for reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines associated with these functions, in the pharmaceutical manufacturing, NAICS 325412, basic organic chemical manufacturing, NAICS 325199, plastics and resins manufacturing, NAICS 325211, or the paints and coatings manufacturing, NAICS 325510, sectors. All NAICS categories are incorporated by reference in s.
NR 660.11.
NR 661.0004(1)(za)3.
3. The hazardous secondary material generator sends the hazardous secondary material spent solvents listed in subd.
1. to a remanufacturer in the pharmaceutical manufacturing, NAICS 325412, basic organic chemical manufacturing, NAICS 325199, plastics and resins manufacturing, NAICS 325211, or the paints and coatings manufacturing, NAICS 325510, sectors.
NR 661.0004(1)(za)4.
4. After remanufacturing one or more of the solvents listed in subd.
1., the use of the remanufactured solvent shall be limited to reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines associated with these functions, in the pharmaceutical manufacturing, NAICS 325412, basic organic chemical manufacturing, NAICS 325199, plastics and resins manufacturing, NAICS 325211, and the paints and coatings manufacturing, NAICS 325510, sectors or to using them as ingredients in a product. These allowed uses correspond to chemical functional uses enumerated under the Chemical Data Reporting Rule of the Toxic Substances Control Act,
40 CFR parts 704 and
710 to
711, including Industrial Function Codes U015, solvents consumed in a reaction to produce other chemicals, and U030, solvents become part of the mixture.
NR 661.0004(1)(za)5.
5. After remanufacturing one or more of the solvents listed in subd.
1., the use of the remanufactured solvent does not involve cleaning or degreasing oil, grease, or similar material from textiles, glassware, metal surfaces, or other articles. These disallowed continuing uses correspond to chemical functional uses in Industrial Function Code U029 under the Chemical Data Reporting Rule of the Toxics Substances Control Act.
NR 661.0004(1)(za)6.
6. Both the hazardous secondary material generator and the remanufacturer shall do all of the following:
NR 661.0004(1)(za)6.a.
a. Notify the department and update the notification every 2 years per s.
NR 660.42. The generator shall notify the department that the hazardous secondary material has been transferred to a remanufacturer. The remanufacturer shall notify the department that the hazardous secondary material has been received from the generator for remanufacturing.
NR 661.0004(1)(za)6.b.
b. Develop and maintain an up-to-date remanufacturing plan that identifies all of the following:
1) The name, address and EPA ID number of the generator and the remanufacturer.
2) The types and estimated annual volumes of spent solvents to be remanufactured.
3) The processes and industry sectors that generated the spent solvents.
4) The specific uses and industry sectors for the remanufactured solvents.
5) A certification from the remanufacturer stating “On behalf of [insert remanufacturer facility name], I certify that this facility is a remanufacturer under pharmaceutical manufacturing, NAICS 325412, basic organic chemical manufacturing, NAICS 325199, plastics and resins manufacturing, NAICS 325211, or the paints and coatings manufacturing sectors, NAICS 325510, and will accept the spent solvent for the sole purpose of remanufacturing into commercial-grade solvent that will be used for reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines associated with these functions or for use as product ingredient. I also certify that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls in compliance with the appropriate Clean Air Act regulation codified under
40 CFR part 60,
61, or
63, or subject to ch.
NR 440, subchs.
III and
IV of ch. NR 446, or chs.
NR 447 to
469, or, absent such Clean Air Act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, are in compliance with the appropriate standards in subchs.
AA,
BB, and
CC of ch. NR 661.”
NR 661.0004(1)(za)6.c.
c. Maintain records of shipments and confirmations of receipts for a period of 3 years from the dates of the shipments.
NR 661.0004(1)(za)6.d.
d. Prior to remanufacturing, store the hazardous spent solvents in tanks or containers that meet technical standards found in subchs.
I and
J, with the tanks and containers being labeled or otherwise having an immediately available record of the material being stored.
NR 661.0004(1)(za)6.e.
e. During remanufacturing, and during storage of the hazardous secondary material prior to remanufacturing, the remanufacturer certifies that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls in compliance with the appropriate Clean Air Act regulation codified under
40 CFR part 60,
61, or
63, or subject to ch.
NR 440, subchs.
III and
IV of ch. NR 446, or chs.
NR 447 to
469; or, absent such Clean Air Act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, are in compliance with the appropriate standards in subchs.
AA,
BB, and
CC.
NR 661.0004(2)
(2)
Solid wastes that are not hazardous wastes. All of the following solid wastes are not hazardous wastes:
NR 661.0004(2)(a)
(a) Household waste, including household waste that has been collected, transported, stored, treated, disposed, recovered, such as refuse-derived fuel, or reused, except if the hazardous waste in this waste stream is separated for management at a collection facility regulated under subch.
HH of ch. NR 666. “Household waste” means any material, including garbage, trash and sanitary wastes in septic tanks, derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas. A resource recovery facility managing municipal solid waste may not be deemed to be treating, storing, disposing of or otherwise managing hazardous wastes for the purposes of regulation under chs.
NR 660 to
673, if the facility does all of the following:
NR 661.0004(2)(a)1.a.
a. Household waste from single and multiple dwellings, hotels, motels, and other residential sources.
NR 661.0004(2)(a)1.b.
b. Solid waste from commercial or industrial sources that does not contain hazardous waste.
NR 661.0004(2)(a)2.
2. Does not accept hazardous wastes and the owner or operator of the facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in the facility.
NR 661.0004(2)(b)
(b) Solid wastes generated by any of the following and that are returned to the soils as fertilizers:
NR 661.0004(2)(d)1.
1. Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels, except as provided by s.
NR 666.112 for facilities that burn or process hazardous waste.
NR 661.0004(2)(d)2.
2. All of the following wastes generated primarily from processes that support the combustion of coal or other fossil fuels that are co-disposed with the wastes in subd.
1., except as provided by s.
NR 666.112 for facilities that burn or process hazardous waste:
NR 661.0004(2)(d)2.a.
a. Coal pile run-off. For the purposes of par.
(d), “coal pile run-off” means any precipitation that drains off coal piles.
NR 661.0004(2)(d)2.b.
b. Boiler cleaning solutions. For the purposes of par.
(d), “boiler cleaning solutions” means water solutions and chemical solutions used to clean the fire-side and water-side of the boiler.
NR 661.0004(2)(d)2.c.
c. Boiler blowdown. For the purposes of par.
(d), “boiler blowdown” means water purged from boilers used to generate steam.
NR 661.0004(2)(d)2.d.
d. Process water treatment and demineralizer regeneration wastes. For the purposes of par.
(d), “process water treatment and demineralizer regeneration wastes” means sludges, rinses, and spent resins generated from processes to remove dissolved gases, suspended solids, and dissolved chemical salts from combustion system process water.
NR 661.0004(2)(d)2.e.
e. Cooling tower blowdown. For the purposes of par.
(d), “cooling tower blowdown” means water purged from a closed cycle cooling system. Closed cycle cooling systems include cooling towers, cooling ponds, or spray canals.
NR 661.0004(2)(d)2.f.
f. Air heater and precipitator washes. For the purposes of par.
(d), “air heater and precipitator washes” means wastes from cleaning air preheaters and electrostatic precipitators.
NR 661.0004(2)(d)2.g.
g. Effluents from floor and yard drains and sumps. For the purposes of par.
(d), “effluents from floor and yard drains and sumps” means wastewaters, such as wash water, collected by or from floor drains, equipment drains, and sumps located inside the power plant building; and wastewaters, such as rain runoff, collected by yard drains and sumps located outside the power plant building.
NR 661.0004(2)(d)2.h.
h. Wastewater treatment sludges. For the purposes of par.
(d), “wastewater treatment sludges” refers to sludges generated from the treatment of wastewaters specified in subd
. 2. a. to
f. NR 661.0004(2)(e)
(e) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas or geothermal energy.
NR 661.0004(2)(f)1.
1. Wastes that fail the test for the Toxicity Characteristic specified in s.
NR 661.0024 because chromium is present or are listed in subch.
D due to the presence of chromium, which do not fail the test for the Toxicity Characteristic for any other constituent or are not listed due to the presence of any other constituent, and which do not fail the test for any other characteristic, if it is shown by a waste generator or by waste generators that all of the following apply:
NR 661.0004(2)(f)1.a.
a. The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium.
NR 661.0004(2)(f)1.b.
b. The waste is generated from an industrial process that uses trivalent chromium exclusively, or nearly exclusively, and the process does not generate hexavalent chromium.
NR 661.0004(2)(f)2.
2. Specific wastes that meet the standard in subd.
1. a. to
c., so long as they do not fail the test for the Toxicity Characteristic for any other constituent, and do not exhibit any other characteristic, are any of the following:
