NR 661.0004(1)(t)4.4. Nothing in this section preempts, overrides or otherwise negates the provision specified in s. NR 662.011, which requires any person who generates a solid waste to determine if that waste is a hazardous waste. NR 661.0004(1)(t)5.5. Licensed storage units that have been used to store only zinc-bearing hazardous wastes prior to the submission of the one-time notice described in subd. 2. a., and that afterward will be used only to store hazardous secondary material excluded under this paragraph, are not subject to the closure requirements under chs. NR 664 and 665. NR 661.0004(1)(u)(u) Zinc fertilizers made from hazardous wastes, or hazardous secondary material that are excluded under par. (t), provided that all of the following are met: NR 661.0004(1)(u)1.b.b. For dioxin contaminants the fertilizer shall contain no more than 8 parts per trillion of dioxin, measured as toxic equivalent or TEQ. NR 661.0004(1)(u)2.2. The manufacturer performs sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals no less than every 6 months, and for dioxins no less than every 12 months. Testing shall also be performed whenever changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product. The manufacturer may use any reliable analytical method to demonstrate that no constituent of concern is present in the product at concentrations above the applicable limits. It is the responsibility of the manufacturer to ensure that the sampling and analysis are unbiased, precise, and representative of the product introduced into commerce. NR 661.0004(1)(u)3.3. The manufacturer maintains for no less than 3 years records of all sampling and analyses performed for the purposes of determining compliance with the requirements specified in subd. 2. The records shall at a minimum include all of the following: NR 661.0004(1)(u)3.a.a. The dates and times product samples were taken, and the dates the samples were analyzed. NR 661.0004(1)(u)3.d.d. The name and address of the laboratory facility at which analyses of the samples were performed. NR 661.0004(1)(u)3.e.e. A description of the analytical methods used, including any cleanup and sample preparation methods. NR 661.0004(1)(u)3.f.f. All laboratory analytical results used to determine compliance with the contaminant limits specified in this paragraph. NR 661.0004(1)(v)1.1. Used, intact CRTs are not solid wastes unless they are disposed of, or unless they are speculatively accumulated as defined in s. NR 661.0001 (3) (h) by CRT collectors or glass processors. NR 661.0004(1)(v)2.2. Used, intact CRTs are not solid wastes when exported for recycling provided that they meet the requirements specified in s. NR 661.0040. NR 661.0004(1)(w)(w) Hazardous secondary material generated and legitimately reclaimed and under the control of the generator, provided that the material complies with all the following: NR 661.0004(1)(w)1.a.a. The hazardous secondary material is generated and reclaimed at the generating facility. For the purposes of subd. 1. a. “generating facility” means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator. NR 661.0004(1)(w)1.b.b. The hazardous secondary material is generated and reclaimed at different facilities, if the reclaiming facility is controlled by the generator or if both the generating facility and the reclaiming facility are controlled by a person as defined in s. NR 660.10 (90), and if the generator provides one of the following certifications: “on behalf of [insert generator facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaimer facility name], which is controlled by [insert generator facility name] and that [insert name of either facility] has acknowledged full responsibility for the safe management of the hazardous secondary material,” or “on behalf of [insert generator facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaimer facility name], that both facilities are under common control, and that [insert name of either facility] has acknowledged full responsibility for the safe management of the hazardous secondary material.” For the purposes of this subd. 1. b. “control” means the power to direct the policies of the facility, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate facilities on behalf of a different person as defined in s. NR 660.10 (90) may not be deemed to “control” such facilities. The generating and receiving facilities shall both maintain at their facilities, for no less than 3 years, records of hazardous secondary material sent or received under this exclusion. In both cases, the records shall contain the name of the transporter, the date of the shipment, and the type and quantity of the hazardous secondary material shipped or received under the exclusion. These requirements may be satisfied by routine business records, such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations. NR 661.0004(1)(w)1.c.c. The hazardous secondary material is generated pursuant to a written contract between a tolling contractor and a toll manufacturer and is reclaimed by the tolling contractor, if the tolling contractor certifies the following: “On behalf of [insert tolling contractor name], I certify that [insert tolling contractor name] has a written contract with [insert toll manufacturer name] to manufacture [insert name of product or intermediate] which is made from specified unused materials, and that [insert tolling contractor name] will reclaim the hazardous secondary material generated during this manufacture. On behalf of [insert tolling contractor name], I also certify that [insert tolling contractor name] retains ownership of, and responsibility for, the hazardous secondary material that are generated during the course of the manufacture, including any releases of hazardous secondary material that occur during the manufacturing process.” The tolling contractor shall maintain at its facility, for no less than 3 years, records of hazardous secondary material received pursuant to its written contract with the tolling manufacturer, and the tolling manufacturer shall maintain at its facility, for no less than 3 years, records of hazardous secondary material shipped pursuant to its written contract with the tolling contractor. In both cases, the records shall contain the name of the transporter, the date of the shipment, and the type and quantity of the hazardous secondary material shipped or received pursuant to the written contract. These requirements may be satisfied by routine business records, such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations. For the purposes of subd. 1. b., “tolling contractor” means a person who arranges for the production of a product or intermediate made from specified unused materials through a written contract with a toll manufacturer, and “toll manufacturer” means a person who produces a product or intermediate made from specified unused materials pursuant to a written contract with a tolling contractor. NR 661.0004(1)(w)2.2. The hazardous secondary material generator satisfies all of the following conditions: NR 661.0004(1)(w)2.a.a. The hazardous secondary material is contained, as defined in s. NR 660.10 (13m). A hazardous secondary material released to the environment is discarded and a solid waste unless it is immediately recovered for the purpose of reclamation. Hazardous secondary material managed in a unit with leaks or other continuing or intermittent unpermitted releases is discarded and a solid waste. NR 661.0004(1)(w)2.d.d. The material is not otherwise subject to material-specific management conditions under sub. (1) when reclaimed, and it is not a spent lead-acid battery under ss. NR 666.080 and 673.02. NR 661.0004(1)(w)2.e.e. Persons performing the recycling of hazardous secondary material under this exclusion shall maintain documentation of their legitimacy determination on-site. Documentation shall be a written description of how the recycling meets all 3 factors specified in s. NR 660.43 (1) and how the factor in s. NR 660.43 (2) was considered. Documentation shall be maintained for 3 years after the recycling operation has ceased. NR 661.0004(1)(x)(x) Hazardous secondary material that is generated and then transferred to another person for the purpose of reclamation is not a solid waste, provided that all of the following are met: NR 661.0004(1)(x)2.2. The material is not handled by any person or facility other than the hazardous secondary material generator, the transporter, an intermediate facility or a reclaimer, and, while in transport, is not stored for more than 10 days at a transfer facility, as defined in s. NR 660.10 (122), and is packaged according to applicable DOT regulations under 49 CFR parts 173, 178, and 179, and Wisconsin department of transportation regulations at ch. Trans 326 while in transport. NR 661.0004(1)(x)3.3. The material is not otherwise subject to material-specific management conditions under sub. (1) when reclaimed, and it is not a spent lead-acid battery under ss. NR 666.080 and 673.02. NR 661.0004(1)(x)5.5. The hazardous secondary material generator satisfies all of the following conditions: NR 661.0004(1)(x)5.a.a. The material shall be contained, as defined in s. NR 660.10 (13m). A hazardous secondary material released to the environment is considered discarded and a solid waste unless it is immediately recovered for the purpose of recycling. Hazardous secondary material managed in a unit with leaks or other continuing releases is considered discarded and a solid waste. NR 661.0004(1)(x)5.b.b. Prior to arranging for transport of hazardous secondary material to a reclamation facility where the management of the hazardous secondary material is not addressed under a RCRA part B permit or interim status standards, the hazardous secondary material generator shall make reasonable efforts to ensure that each reclaimer intends to properly and legitimately reclaim the hazardous secondary material and not discard it, and that each reclaimer will manage the hazardous secondary material in a manner that is protective of human health and the environment. If the hazardous secondary material will be passing through an intermediate facility where the management of the hazardous secondary material is not addressed under a RCRA part B permit or interim status standards, the hazardous secondary material generator shall make contractual arrangements with the intermediate facility to ensure that the hazardous secondary material is sent to the reclamation facility identified by the hazardous secondary material generator, and the hazardous secondary material generator shall perform reasonable efforts to ensure that the intermediate facility will manage the hazardous secondary material in a manner that is protective of human health and the environment. Reasonable efforts shall be repeated at a minimum of every 3 years for the hazardous secondary material generator to claim the exclusion and to send the hazardous secondary material to each reclaimer and any intermediate facility. In making these reasonable efforts, the generator may use any credible evidence available, including information gathered by the hazardous secondary material generator, provided by the reclaimer or intermediate facility, or provided by a third party. The hazardous secondary material generator shall affirmatively answer all of the following questions for each reclamation facility and any intermediate facility: 1) Does the available information indicate that the reclamation process is legitimate pursuant to s. NR 660.43? In answering this question, the hazardous secondary material generator may rely on their existing knowledge of the physical and chemical properties of the hazardous secondary material, as well as information from other sources, such as the reclamation facility and audit reports, about the reclamation process. 2) Does the publicly available information indicate that the reclamation facility and any intermediate facility that is used by the hazardous secondary material generator notified the appropriate authorities of hazardous secondary material reclamation activities pursuant to s. NR 660.42 and have they notified the appropriate authorities that the financial assurance condition is satisfied per subd. 6. f.? In answering these questions, the hazardous secondary material generator may rely on the available information documenting the reclamation facility’s and any intermediate facility’s compliance with the notification requirements per s. NR 660.42, including the requirement specified in s. NR 660.42 (1) (e) to notify the department whether the reclaimer or intermediate facility has financial assurance. 3) Does publicly available information indicate that the reclamation facility or any intermediate facility that is used by the hazardous secondary material generator has not had any formal enforcement actions taken against the facility in the previous 3 years for violations of the RCRA hazardous waste regulations and has not been classified as a significant noncomplier with RCRA Subtitle C? In answering this question, the hazardous secondary material generator may rely on the publicly available information from EPA or the department. If the reclamation facility or any intermediate facility that is used by the hazardous secondary material generator has had a formal enforcement action taken against the facility in the previous 3 years for violations of the RCRA hazardous waste regulations and has been classified as a significant non-complier with RCRA Subtitle C, does the hazardous secondary material generator have credible evidence that the facilities will manage the hazardous secondary material properly? In answering this question, the hazardous secondary material generator may obtain additional information from EPA, the department, or the facility itself that the facility has addressed the violations, the facility has taken remedial steps to address the violations and prevent future violations, or that the violations are not relevant to the proper management of the hazardous secondary material.
4) Does the available information indicate that the reclamation facility and any intermediate facility that is used by the hazardous secondary material generator have the equipment and trained personnel to safely recycle the hazardous secondary material? In answering this question, the generator may rely on a description by the reclamation facility or by an independent third party of the equipment and trained personnel to be used to recycle the generator’s hazardous secondary material.
5) If residuals are generated from the reclamation of the excluded hazardous secondary material, does the reclamation facility have the licenses required, if any, to manage the residuals? If not, does the reclamation facility have a contract with an appropriately licensed facility to dispose of the residuals? If not, does the hazardous secondary material generator have credible evidence that the residuals will be managed in a manner that is protective of human health and the environment? In answering these questions, the hazardous secondary material generator can rely on publicly available information from EPA or the department, or information provided by the facility itself.
NR 661.0004(1)(x)5.c.c. The hazardous secondary material generator shall maintain for a minimum of 3 years documentation and certification that reasonable efforts were made to meet the requirements under this paragraph for each reclamation facility and, if applicable, intermediate facility where the management of the hazardous secondary material is not addressed under a RCRA part B permit or interim status standards prior to transferring hazardous secondary material. Documentation and certification shall be made available upon request by the department within 72 hours, or within a longer period of time as specified by the department. The certification statement shall contain all of the following: 1) The printed name and official title of an authorized representative of the hazardous secondary material generator company, the authorized representative’s signature, and the date signed.
2) The following language: “I hereby certify in good faith and to the best of my knowledge that, prior to arranging for transport of excluded hazardous secondary material to [insert name of reclamation facility and any intermediate facility], reasonable efforts were made in accordance with s. NR 661.0004 (1) (x) 5. b. to ensure that the hazardous secondary material would be recycled legitimately, and otherwise managed in a manner that is protective of human health and the environment, and that such efforts were based on current and accurate information.” NR 661.0004(1)(x)5.d.d. The hazardous secondary material generator shall maintain at the generating facility, for no less than 3 years, records of all off-site shipments of hazardous secondary material. For each shipment, those records shall, at a minimum, contain all of the following information: 1) The name of the transporter and date of the shipment.
2) The name and address of each reclaimer and, if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent.
3) The type and quantity of hazardous secondary material in the shipment.
NR 661.0004(1)(x)5.e.e. The hazardous secondary material generator shall maintain at the generating facility, for no less than 3 years, confirmations of receipt from each reclaimer and, if applicable, each intermediate facility for all off-site shipments of hazardous secondary material. Confirmations of receipt shall include the name and address of the reclaimer or intermediate facility, the type and quantity of the hazardous secondary material received, and the date on which the hazardous secondary material were received. This requirement may be satisfied by routine business records, such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt. NR 661.0004(1)(x)5.f.f. The hazardous secondary material generator complies with the emergency preparedness and response conditions in subch. M. NR 661.0004(1)(x)6.6. Reclaimers of hazardous secondary material excluded from regulation under this exclusion and intermediate facilities as defined in s. NR 660.10 (65m) shall satisfy all of the following conditions: NR 661.0004(1)(x)6.a.a. The reclaimer and intermediate facility shall maintain at its facility, for no less than 3 years, records of all shipments of hazardous secondary material that were received at the facility and, if applicable, for all shipments of hazardous secondary material that were received and subsequently sent off-site from the facility for further reclamation. For each shipment, these records shall at a minimum contain all of the following information: 1) The name of the transporter and date of the shipment.
2) The name and address of the hazardous secondary material generator and, if applicable, the name and address of the reclaimer or intermediate facility from which the hazardous secondary material were received.
3) The type and quantity of hazardous secondary material in the shipment.
4) For hazardous secondary material that, after being received by the reclaimer or intermediate facility, were subsequently transferred off-site for further reclamation, the name and address of the subsequent reclaimer and, if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent.
NR 661.0004(1)(x)6.b.b. The intermediate facility shall send the hazardous secondary material to the reclaimers designated by the hazardous secondary material generator. NR 661.0004(1)(x)6.c.c. The reclaimer and intermediate facility shall send to the hazardous secondary material generator confirmations of receipt for all off-site shipments of hazardous secondary material. Confirmations of receipt shall include the name and address of the reclaimer or intermediate facility, the type and quantity of the hazardous secondary material received, and the date on which the hazardous secondary material were received. This requirement may be satisfied by routine business records, such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt. 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 NoteNote: 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.
