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. 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 NoteNote: 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:
