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)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 NoteNote: 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 661.0140(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 661.0142(1)(1) The owner or operator shall have a detailed written estimate, in current dollars, of the cost of disposing of any hazardous secondary material as listed or characteristic hazardous waste, and the potential cost of closing the facility as a treatment, storage, and disposal facility. The estimate shall include all of the following:

NR 661.0142(1)(b)(b) The cost estimate shall be based on the costs to the owner or operator of hiring a third party to conduct these activities. A third party is a party who is neither a parent corporation as defined in s. NR 665.0141 (5) nor a subsidiary of the owner or operator. The owner or operator may use costs for on-site disposal in accordance with applicable requirements if the owner or operator can demonstrate that on-site disposal capacity will exist at all times over the life of the facility.

NR 661.0142(1)(c)(c) The cost estimate may not incorporate any salvage value that may be realized with the sale of hazardous secondary material, or hazardous or non-hazardous wastes if applicable under s. NR 665.0113 (4), facility structures or equipment, land, or other assets associated with the facility.

NR 661.0142(1)(d)(d) The owner or operator may not incorporate a zero cost for hazardous secondary material, or hazardous or non-hazardous wastes if applicable under s. NR 665.0113 (4) that might have economic value.

NR 661.0142(2)(2) During the active life of the facility, the owner or operator shall adjust the cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument or instrument used to comply with s. NR 661.0143. For owners and operators using the financial test or corporate guarantee, the cost estimate shall be updated for inflation within 30 days after the close of the firm’s fiscal year and before submission of updated information to the department as specified in s. NR 661.0143 (5) (c). The adjustment may be made by recalculating the cost estimate in current dollars, or by using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. department of commerce in its Survey of Current Business, as specified in pars. (a) and (b). The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year. Adjustments shall be made as follows:

NR 661.0142(3)(3) During the active life of the facility, the owner or operator shall revise the cost estimate no later than 30 days after a change in a facility’s operating plan or design that would increase the costs of conducting the activities described in sub. (1) or no later than 60 days after an unexpected event that increases the cost of conducting the activities described in sub. (1). The revised cost estimate shall be adjusted for inflation as specified in sub. (2).

NR 661.0142(4)(4) The owner or operator shall keep the following at the facility during the operating life of the facility: The latest cost estimate prepared in accordance with subs. (1) and (3) and, when this estimate has been adjusted in accordance with sub. (2), the latest adjusted cost estimate.

NR 661.0143NR 661.0143 Financial assurance condition. As specified in s. NR 661.0004 (1) (x) 6. f. an owner or operator of a reclamation or intermediate facility shall have financial assurance as a condition of the exclusion as required under s. NR 661.0004 (1) (x). The facility shall choose from the options specified in subs. (1) to (5).

NR 661.0143(1)(1) Trust fund.

NR 661.0143(1)(a)(a) An owner or operator may satisfy the requirements of this section by establishing a trust fund that conforms to the requirements of this subsection and submitting an originally signed duplicate of the trust agreement to the department. The trustee shall be an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.