NR 661.0039(2)(b)1. 1. All activities specified in the definition of CRT processing in s. NR 660.10 (19j) (b) and (c) shall be performed within a building with a roof, floor, and walls.

NR 661.0039(2)(b)2. 2. No activities may be performed that use temperatures high enough to volatilize lead from CRTs.

NR 661.0039(3) (3) Processed crt glass sent to crt glass making or lead smelting. Glass from used CRTs that is destined for recycling at a CRT glass manufacturer or a lead smelter after processing is not a solid waste unless it is speculatively accumulated as defined in s. NR 661.0001 (3) (h).

NR 661.0039(4) (4) Use constituting disposal. Glass from used CRTs that is used in a manner constituting disposal shall comply with the requirements under subch. C of ch. NR 666, instead of the requirements of this section.

NR 661.0039 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (a), (b) 1. made under s. 35.17, Stats., Register August 2020 No. 776.

NR 661.0040 NR 661.0040 Conditional exclusion for used, intact cathode ray tubes exported for recycling. Used, intact CRTs exported for recycling are not solid wastes if they meet the notice and consent conditions specified in s. NR 661.0039 (1) (e), and if they are not speculatively accumulated as defined in s. NR 661.0001 (3) (h).

NR 661.0040 Note Note: The requirements under s. NR 661.0040 are based on 40 CFR 261.40 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 261.40 requirements remains EPA’s responsibility even though Wisconsin has adopted these requirements into its rules. Wisconsin provides 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 661.0040 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.0041 NR 661.0041 Notification and recordkeeping for used, intact cathode ray tubes, CRTs, exported for reuse.

NR 661.0041(1) (1) CRT exporters who export used, intact CRTs for reuse shall send a notification to EPA. This notification may cover export activities extending over a 12-month or lesser period and shall meet all of the following requirements:

NR 661.0041(1)(a) (a) The notification shall be in writing, signed by the exporter, and include all of the following information:

NR 661.0041(1)(a)1. 1. Name, mailing address, telephone number, and EPA ID number, if applicable, of the exporter of the used, intact CRTs.

NR 661.0041(1)(a)2. 2. The estimated frequency or rate at which the used, intact CRTs are to be exported for reuse and the period of time over which they are to be exported.

NR 661.0041(1)(a)3. 3. The estimated total quantity of used, intact CRTs specified in kilograms.

NR 661.0041(1)(a)4. 4. All points of entry to and departure from each transit country through which the used, intact CRTs will pass, a description of the approximate length of time the used, intact CRTs will remain in each country, and the nature of their handling while there.

NR 661.0041(1)(a)5. 5. A description of the means by which each shipment of the used, intact CRTs will be transported. For example, mode of transportation vehicle such as air, highway, rail, water, and types of containers such as drums, boxes, tanks.

NR 661.0041(1)(a)6. 6. The name and address of the ultimate destination facility or facilities where the used, intact CRTs will be reused, refurbished, distributed, or sold for reuse and the estimated quantity of used, intact CRTs to be sent to each facility, as well as the name of any alternate destination facility or facilities.

NR 661.0041(1)(a)7. 7. A description of the manner in which the used, intact CRTs will be reused, including reuse after refurbishment, in the foreign country that will be receiving the used, intact CRTs.

NR 661.0041(1)(a)8. 8. A certification signed by the CRT exporter that states: “I certify under penalty of law that the CRTs described in this notice are intact and fully functioning or capable of being functional after refurbishment and that the used CRTs will be reused or refurbished and reused. 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 661.0041(1)(b) (b) A notification submitted by mail shall be sent to the following mailing address: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, Mail Code 2254A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Hand-delivered notifications shall be sent to: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, Mail Code 2254A, Environmental Protection Agency, William Jefferson Clinton Building, Room 6144, 1200 Pennsylvania Ave. NW., Washington, DC 20004. In both cases, the following shall be prominently displayed on the front of the envelope: “Attention: Notification of Intent to Export CRTs.”

NR 661.0041(2) (2) An exporter of used, intact CRTs sent for reuse shall keep copies of normal business records, such as contracts, demonstrating that each shipment of exported used, intact CRTs will be reused. This documentation shall be retained for a period of at least 3 years from the date the CRTs were exported. If the documents are written in a language other than English, the exporters of used, intact CRTs sent for reuse shall provide both the original, non-English version of the normal business records as well as a third-party translation of the normal business records into English within 30 days upon request by EPA.

NR 661.0041 Note Note: The requirements under s. NR 661.0041 are based on 40 CFR 261.41 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 261.41 requirements remains EPA’s responsibility even though Wisconsin has adopted these requirements into its rules. Wisconsin provides 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 661.0041 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

subch. H of ch. NR 661 Subchapter H — Financial Requirements for Management of Excluded Hazardous Secondary Material

NR 661.0140 NR 661.0140 Applicability.

NR 661.0140(1) (1) Except as provided otherwise in this section, the requirements of this subchapter apply to owners or operators of reclamation and intermediate facilities managing hazardous secondary material excluded under s. NR 661.0004 (1) (x).

NR 661.0140(2) (2) States and the federal government are exempt from the financial assurance requirements of this subchapter.

NR 661.0140 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.0141 NR 661.0141 Definitions. The terms defined in s. NR 665.0141 (4), (6), (7), and (8), have the same meaning in this subchapter as specified in s. NR 665.0141.