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.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(1)(y)12.12. All persons claiming an exclusion under this paragraph shall provide notification as required by s. NR 660.42.

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)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.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)(z)6.6. The solvent-contaminated wipes are sent to a laundry or dry cleaner whose discharge, if any, is regulated under 33 USC 1311 and 33 USC 1342 or 33 USC 1317, and ch. 283, Stats.

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.