Subch. H of ch. NR 662 NoteNote: The requirements on which this subchapter is based, 40 CFR part 262, subpart H, are administered and enforced 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. 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. The 40 CFR part 262, subpart H requirements apply to only those wastes identified or listed under the federal program that are subject to federal manifesting requirements. NR 662.080(1)(1) The requirements of this subchapter apply to transboundary movements of hazardous wastes. NR 662.080(2)(2) Any person, including exporter, importer, disposal facility operator, or recovery facility operator, who mixes two or more wastes, including hazardous and non-hazardous wastes, or otherwise subjects two or more wastes, including hazardous and non-hazardous wastes, to physical or chemical transformation operations, and thereby creates a new hazardous waste, becomes a generator and assumes all subsequent generator duties under RCRA and any exporter duties, if applicable, under this subchapter. NR 662.080 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20. NR 662.081NR 662.081 Definitions. In addition to the definitions under s. NR 660.10, the following definitions apply to this subchapter: NR 662.081(1)(1) “Competent authority” means the regulatory authority or authorities of concerned countries having jurisdiction over transboundary movements of wastes. NR 662.081(2)(2) “Countries concerned” means the countries of export or import and any countries of transit. NR 662.081(3)(3) “Country of export” means any country from which a transboundary movement of hazardous wastes is planned to be initiated or is initiated. NR 662.081(4)(4) “Country of import” means any country to which a transboundary movement of hazardous wastes is planned or takes place for the purpose of submitting the wastes to recovery or disposal operations therein. NR 662.081(5)(5) “Country of transit” means any country other than the country of export or country of import across which a transboundary movement of hazardous wastes is planned or takes place. NR 662.081(6)(6) “Disposal operations” means activities that do not lead to the possibility of resource recovery, recycling, reclamation, direct re-use or alternate uses, which includes all of the following: NR 662.081(6)(a)(a) D1 Release or Deposit into or onto land, other than by any of operations D2 to D5 or D12. NR 662.081(6)(b)(b) D2 Land treatment, such as biodegradation of liquids or sludges in soils. NR 662.081(6)(c)(c) D3 Deep injection, such as injection into wells, salt domes or naturally occurring repositories. NR 662.081(6)(d)(d) D4 Surface impoundment, such as placing of liquids or sludges into pits, ponds or lagoons. NR 662.081(6)(e)(e) D5 Specially engineered landfill, such as placement into lined discrete cells that are capped and isolated from one another and the environment. NR 662.081(6)(f)(f) D6 Release into a water body other than a sea or ocean, and other than by operation D4. NR 662.081(6)(g)(g) D7 Release into a sea or ocean, including sea-bed insertion, other than by operation D4. NR 662.081(6)(h)(h) D8 Biological treatment not specified elsewhere in operations D1 to D12, which results in final compounds or mixtures that are discarded by means of any of operations D1 to D12. NR 662.081(6)(i)(i) D9 Physical or chemical treatment not specified elsewhere in operations D1 to D12, such as evaporation, drying, calcination, neutralization, or precipitation, which results in final compounds or mixtures that are discarded by means of any of operations D1 to D12. NR 662.081(6)(m)(m) D13 Blending or mixing, prior to any of operations D1 to D12. NR 662.081(6)(o)(o) D15 Interim Storage, prior to any of operations D1 to D12, or DC17 for transboundary movements with Canada only, Interim Storage, prior to any of operations D1 to D12. NR 662.081(6)(p)(p) DC15 Release, including the venting of compressed or liquefied gases, or treatment, other than by any of operations D1 to D12, for transboundary movements with Canada only. NR 662.081(6)(q)(q) DC16 Testing of a new technology to dispose of a hazardous waste for transboundary movements with Canada only. NR 662.081(7)(7) “EPA Acknowledgment of Consent” or “AOC” means the letter EPA sends to the exporter documenting the specific terms of the country of import’s consent and the countries of transit’s consent. The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1. NR 662.081(8)(8) “Export” means the transportation of hazardous waste from a location under the jurisdiction of the United States to a location under the jurisdiction of another country, or a location not under the jurisdiction of any country, for the purposes of recovery or disposal operations therein. NR 662.081(9)(9) “Exporter,” also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with s. NR 662.083 (4) or the manifest for a shipment of hazardous waste in accordance with subch. B, or equivalent state provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import. NR 662.081(10)(10) “Foreign exporter” means the person under the jurisdiction of the country of export who has, or will have at the time the planned transboundary movement commences, possession or other forms of legal control of the hazardous wastes and who proposes shipment of the hazardous wastes to the United States for recovery or disposal operations. NR 662.081(11)(11) “Foreign importer” means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the exported hazardous waste is received in the country of import. NR 662.081(12)(12) “Foreign receiving facility” means a facility which, under the importing country’s applicable domestic law, is operating or is authorized to operate in the country of import to receive the hazardous wastes and to perform recovery or disposal operations on them. NR 662.081(13)(13) “Import” means the transportation of hazardous waste from a location under the jurisdiction of another country to a location under the jurisdiction of the United States for the purposes of recovery or disposal operations therein. NR 662.081(14)(14) “Importer” means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States. NR 662.081(15)(15) “OECD area” means all land or marine areas under the national jurisdiction of any OECD member country. When the regulations refer to shipments to or from an OECD member country, this means OECD area. NR 662.081(16)(16) “OECD” means the Organization for Economic Cooperation and Development. NR 662.081(17)(17) “OECD member country” means the countries that are members of the OECD and participate in the Amended 2001 OECD Decision. NR 662.081(18)(18) “Receiving facility” means a U.S. facility which, under RCRA and other applicable domestic laws, is operating or is authorized to operate to receive hazardous wastes and to perform recovery or disposal operations on them. NR 662.081(19)(19) “Recovery operations” means activities leading to resource recovery, recycling, reclamation, direct re-use or alternative uses, which includes all of the following: NR 662.081(19)(a)(a) R1 Use as a fuel, other than in direct incineration, or other means to generate energy. NR 662.081(19)(c)(c) R3 Recycling/reclamation of organic substances that are not used as solvents. NR 662.081(19)(j)(j) R10 Land treatment resulting in benefit to agriculture or ecological improvement. NR 662.081(19)(k)(k) R11 Uses of residual materials obtained from any of the operations numbered R1 through R10 or RC14, for transboundary shipments with Canada only. NR 662.081(19)(L)(L) R12 Exchange of wastes for submission to any of the operations numbered R1 through R11 or RC14, for transboundary shipments with Canada only. NR 662.081(19)(m)(m) R13 Accumulation of material intended for any operation numbered R1 through R12 or RC14, for transboundary shipments with Canada only. NR 662.081(19)(n)(n) RC14 Recovery or regeneration of a substance or use or re-use of a recyclable material, other than by any of operations R1 to R10, for transboundary shipments with Canada only. NR 662.081(19)(o)(o) RC15 Testing of a new technology to recycle a hazardous recyclable material, for transboundary shipments with Canada only. NR 662.081(19)(p)(p) RC16 Interim storage prior to any of operations R1 to R11 or RC14, for transboundary shipments with Canada only. NR 662.081(20)(20) “Transboundary movement” means any movement of hazardous wastes from an area under the national jurisdiction of one country to an area under the national jurisdiction of another country. NR 662.081 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20. NR 662.082(1)(1) Scope. The level of control for exports and imports of waste is indicated by assignment of the waste to either a list of wastes subject to the Green control procedures or a list of wastes subject to the Amber control procedures and whether the waste is or is not hazardous waste. The OECD Green and Amber lists are incorporated by reference in 40 CFR 260.11. NR 662.082(1)(a)1.1. Green wastes that are not hazardous wastes are subject to existing controls normally applied to commercial transactions, and are not subject to the requirements of this subchapter. NR 662.082(1)(a)2.2. Green wastes that are hazardous wastes are subject to the requirements of this subchapter. NR 662.082(1)(b)1.1. Amber wastes that are hazardous wastes are subject to the requirements of this subchapter. When Amber wastes are imported to or exported from a country that does not consider the waste to be hazardous or control the transboundary shipment as a hazardous waste import or export, the following regulations apply: NR 662.082 NoteNote: Some Amber list wastes are not listed or otherwise identified as hazardous under RCRA, and therefore are not subject to the requirements of this subchapter. Regardless of the status of the waste under RCRA, however, other Federal environmental statutes, such as the Toxic Substances Control Act, restrict certain waste imports or exports. Such restrictions continue to apply with regard to this subchapter.
NR 662.082(1)(b)2.2. Amber wastes that are not hazardous wastes, but are considered hazardous by the other country are subject to the Amber control procedures in the country that considers the waste hazardous, and are not subject to the requirements of this subchapter. All responsibilities of the importer or exporter shift to the foreign importer or foreign exporter in the other country that considers the waste hazardous unless the parties make other arrangements through contracts. NR 662.082(1)(c)1.1. A Green waste that is mixed with one or more other Green wastes such that the resulting mixture is not hazardous waste is not subject to the requirements of this subchapter. NR 662.082 NoteNote: The regulated community should note that some countries may require, by domestic law, that mixtures of different Green wastes be subject to the Amber control procedures.
NR 662.082(1)(c)2.2. A Green waste that is mixed with one or more Amber wastes, in any amount, de minimis or otherwise, or a mixture of two or more Amber wastes, such that the resulting waste mixture is hazardous waste is subject to the requirements of this subchapter. NR 662.082 NoteNote: The regulated community should note that some countries may require, by domestic law, that a mixture of a Green waste and more than a de minimis amount of an Amber waste or a mixture of two or more Amber wastes be subject to the Amber control procedures.
NR 662.082(1)(d)(d) Wastes not yet assigned to an OECD list. Wastes not yet assigned to an OECD waste list are eligible for transboundary movements, as follows: NR 662.082(1)(d)1.1. If the wastes are hazardous wastes, the wastes are subject to the requirements of this subchapter. NR 662.082(1)(d)2.2. If the wastes are not hazardous wastes, the wastes are not subject to the requirements of this subchapter. NR 662.082(2)(2) General conditions applicable to transboundary movements of hazardous waste. NR 662.082(2)(a)(a) The hazardous waste shall be destined for recovery or disposal operations at a facility that, under applicable domestic law, is operating or is authorized to operate in the country of import. NR 662.082(2)(b)(b) The transboundary movement shall be in compliance with applicable international transport agreements. NR 662.082 NoteNote: These international agreements include the 1944 Chicago Convention, 1957 ADR, 1970 ADNR, 1973 and 1978 MARPOL Convention, 1974 SOLAS Convention, 1985 IMDG Code, 1985 COTIF, and the 1985 RID.
NR 662.082(2)(c)(c) Any transit of hazardous waste through one or more countries shall be conducted in compliance with all applicable international and national laws and regulations. NR 662.082(3)(3) Duty to return wastes subject to the amber control procedures during transit through the united states. When a transboundary movement of hazardous wastes transiting the United States and subject to the Amber control procedures does not comply with the requirements of the notification and movement documents or otherwise constitutes illegal shipment, and if alternative arrangements cannot be made to recover or dispose of these wastes in an environmentally sound manner, the waste shall be returned to the country of export. The U.S. transporter shall inform EPA at the mailing address specified in sub. (5) of the need to return the shipment. EPA will then inform the competent authority of the country of export, citing the reasons for returning the waste. The U.S. transporter shall complete the return within 90 days from the time EPA informs the country of export of the need to return the waste, unless informed in writing by EPA of another timeframe agreed to by the concerned countries. NR 662.082(4)(4) Laboratory analysis exemption. Export or import of a hazardous waste sample is exempt from the requirements of this subchapter if the sample is destined for laboratory analysis to assess its physical or chemical characteristics, or to determine its suitability for recovery or disposal operations, does not exceed 25 kilograms in quantity, is appropriately packaged and labeled, and complies with the conditions under s. NR 661.0004 (4) or (5). NR 662.082(5)(5) EPA address for submittals by postal mail or hand delivery. Submittals required in this subchapter to be made by postal mail or hand delivery shall be sent to the following addresses:
