Office of Enforcement and Compliance Assurance
Office of Compliance; Enforcement Planning, Targeting and
Data Division (2222A)
U.S. Environmental Protection Agency
Ariel Rios Bldg., 12th St. and Pennsylvania Ave., NW
Washington, DC
In both cases, the following shall be prominently displayed on the front of the envelope: "Attention: Notification of Intent to Export."
NR 662.053(3)
(3) Except for changes to the telephone number in
sub. (1) (a), changes to
sub. (1) (b) 5. and decreases in the quantity indicated pursuant to
sub. (1) (b) 3. when the conditions specified on the original notification change (including any exceedance of the estimate of the quantity of hazardous waste specified in the original notification), the primary exporter shall provide EPA with a written renotification of the change. The shipment cannot take place until consent of the receiving country to the changes (except for changes to
sub. (1) (b) 8. and in the ports of entry to and departure from transit countries pursuant to
sub. (1) (b) 4.) has been obtained and the primary exporter receives an EPA acknowledgment of consent reflecting the receiving country's consent to the changes.
NR 662.053(4)
(4) Upon request by EPA, a primary exporter shall furnish to EPA any additional information which a receiving country requests in order to respond to a notification.
NR 662.053(5)
(5) In conjunction with the U.S. department of state, EPA will provide a complete notification to the receiving country and any transit countries. A notification is complete when EPA receives a notification which EPA determines satisfies the requirements of
sub. (1). Where a claim of confidentiality is asserted with respect to any notification information required by
sub. (1), EPA may find the notification not complete until any claim is resolved in accordance with
40 CFR 260.2.
NR 662.053(6)
(6) Where the receiving country consents to the receipt of the hazardous waste, EPA will forward an EPA acknowledgment of consent to the primary exporter for purposes of
40 CFR 262.54(h). Where the receiving country objects to receipt of the hazardous waste or withdraws a prior consent, EPA will notify the primary exporter in writing. EPA will also notify the primary exporter of any responses from transit countries.
NR 662.053 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.054
NR 662.054
Special manifest requirements. A primary exporter shall comply with the manifest requirements of
40 CFR 262.20 to
262.23 except for all of the following:
NR 662.054(1)
(1) In lieu of the name, site address and EPA ID number of the designated permitted facility, the primary exporter shall enter the name and site address of the consignee.
NR 662.054(2)
(2) In lieu of the name, site address and EPA ID number of a permitted alternate facility, the primary exporter may enter the name and site address of any alternate consignee.
NR 662.054(3)
(3) In the international shipments block, the primary exporter shall check the export box and enter the point of exit (city and state) from the United States.
NR 662.054(4)
(4) The following statement shall be added to the end of the first sentence of the certification set forth in item 16 of the uniform hazardous waste manifest form: "and conforms to the terms of the attached EPA acknowledgment of consent".
NR 662.054(5)
(5) The primary exporter may obtain the manifest from any source that is registered with EPA as a supplier of manifests (e.g., states, waste handlers or commercial forms printers).
NR 662.054(6)
(6) The primary exporter shall require the consignee to confirm in writing the delivery of the hazardous waste to that facility and to describe any significant discrepancies (as defined in
40 CFR 264.72(a)) between the manifest and the shipment. A copy of the manifest signed by the facility may be used to confirm delivery of the hazardous waste.
NR 662.054(7)
(7) In lieu of the requirements of
40 CFR 262.20(d), where a shipment cannot be delivered for any reason to the designated or alternate consignee, the primary exporter shall take the action required by
pars. (a) or
(b) and
(c):
NR 662.054(7)(a)
(a) Renotify EPA of a change in the conditions of the original notification to allow shipment to a new consignee in accordance with
s. NR 662.053 (3) and obtain an EPA acknowledgment of consent prior to delivery.
NR 662.054(7)(b)
(b) Instruct the transporter to return the waste to the primary exporter in the United States or designate another facility within the United States.
NR 662.054(7)(c)
(c) Instruct the transporter to revise the manifest in accordance with the primary exporter's instructions.
NR 662.054(8)
(8) The primary exporter shall attach a copy of the EPA acknowledgment of consent to the shipment to the manifest which shall accompany the hazardous waste shipment. For exports by rail or water (bulk shipment), the primary exporter shall provide the transporter with an EPA acknowledgment of consent which shall accompany the hazardous waste but which need not be attached to the manifest except that for exports by water (bulk shipment) the primary exporter shall attach the copy of the EPA acknowledgment of consent to the shipping paper.
NR 662.054(9)
(9) The primary exporter shall provide the transporter with an additional copy of the manifest for delivery to the U.S. customs official at the point the hazardous waste leaves the United States in accordance with
40 CFR 263.20(g)(4).
NR 662.054 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 06-102: am. (3) and (5)
Register March 2007 No. 615, eff. 4-1-07.
NR 662.055
NR 662.055
Exception reports. In lieu of the requirements of
40 CFR 262.42, a primary exporter shall file an exception report with the EPA administrator if any of the following occurs:
NR 662.055(1)
(1) The primary exporter has not received a copy of the manifest signed by the transporter stating the date and place of departure from the United States within 45 days from the date it was accepted by the initial transporter.
NR 662.055(2)
(2) Within 90 days from the date the waste was accepted by the initial transporter, the primary exporter has not received written confirmation from the consignee that the hazardous waste was received.
NR 662.055 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.056(1)(1) Primary exporters of hazardous waste 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 waste exported during the previous calendar year. The reports shall include the following:
NR 662.056(1)(a)
(a) The EPA identification number, name and mailing and site address of the exporter.
NR 662.056(1)(d)
(d) By consignee, for each hazardous waste exported, a description of the hazardous waste, the EPA hazardous waste number (from
40 CFR part 261, subpart C or D), U.S. DOT hazard class, the name and U.S. EPA ID number (where applicable) for each transporter used, the total amount of waste shipped and number of shipments pursuant to each notification.
NR 662.056(1)(e)
(e) Except for hazardous waste produced by exporters of greater than 100 kg (220 pounds) but less than 1,000 kg (2,205 pounds) in a calendar month, unless provided pursuant to
40 CFR 262.41, in even numbered years, all of the following:
NR 662.056(1)(e)1.
1. A description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated.
NR 662.056(1)(e)2.
2. A description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent the information is available for years prior to 1984.
NR 662.056(1)(f)
(f) A certification signed by the primary exporter which 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 662.056(2)
(2) Annual reports submitted by mail may be sent to:
Office of Enforcement and Compliance Assurance
Office of Compliance; Enforcement Planning, Targeting and
Data Division (2222A)
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Washington, DC 20460
Hand-delivered reports may be sent to:
Office of Enforcement and Compliance Assurance
Office of Compliance; Enforcement Planning, Targeting and
Data Division (2222A)
U.S. Environmental Protection Agency
Ariel Rios Bldg., 12th St. and Pennsylvania Ave., NW
Washington, DC
NR 662.056 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.057(1)(1) For all exports a primary exporter shall do all of the following:
NR 662.057(1)(a)
(a) Keep a copy of each notification of intent to export for a period of at least 3 years from the date the hazardous waste was accepted by the initial transporter.
NR 662.057(1)(b)
(b) Keep a copy of each EPA acknowledgment of consent for a period of at least 3 years from the date the hazardous waste was accepted by the initial transporter.
NR 662.057(1)(c)
(c) Keep a copy of each confirmation of delivery of the hazardous waste from the consignee for at least 3 years from the date the hazardous waste was accepted by the initial transporter.
NR 662.057(1)(d)
(d) Keep a copy of each annual report for a period of at least 3 years from the due date of the report.
NR 662.057(2)
(2) The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the EPA administrator.
NR 662.057 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.058(1)
(1) Any person who exports or imports hazardous waste subject to the manifest requirements of subchs.
A to
S or the universal waste management standards of
ch. NR 673, to or from designated member countries of the Organization for Economic Cooperation and Development (OECD) as defined in
par. (a) for purposes of recovery is subject to subch.
H. The requirements of this subchapter and subch.
F do not apply.
NR 662.058(1)(a)
(a) For the purposes of this subchapter, the designated OECD countries consist of Australia, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, United Kingdom and the United States.
NR 662.058(1)(b)
(b) For the purposes of this subchapter,
Canada and Mexico are considered OECD member countries only for the purpose of transit.
NR 662.058(2)
(2) Any person who exports hazardous waste to or imports hazardous waste from a designated OECD member country for purposes other than recovery (e.g., incineration, disposal), Mexico (for any purpose), or Canada (for any purpose) remains subject to the requirements of this subchapter and subch.
F.
NR 662.058 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
Subch. F of ch. NR 662 Note
Note: The import requirements on which this subchapter is based (
40 CFR part 262, subpart F) 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 part 262, subpart F 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. The
40 CFR part 262, subpart F requirements apply to only those wastes identified or listed under the federal program that are subject to federal manifesting requirements.
NR 662.060(1)(1) Any person who imports hazardous waste from a foreign country into the United States shall comply with the requirements of subchs.
A to
E and
G to
S and the special requirements of this subchapter.
NR 662.060(2)
(2) When importing hazardous waste, a person shall meet all the requirements of
s. NR 662.020 (1) for the manifest except for all of the following:
NR 662.060(2)(a)
(a) In place of the generator's name, address and EPA identification number, the name and address of the foreign generator and the importer's name, address and EPA identification number shall be used.
NR 662.060(2)(b)
(b) In place of the generator's signature on the certification statement, the U.S. importer or an agent shall sign and date the certification and obtain the signature of the initial transporter.
NR 662.060(3)
(3) A person who imports hazardous waste may obtain the manifest form v from any source that is registered with EPA as a supplier of manifests (states, waste handlers or commercial forms printers).
NR 662.060(4)
(4) In the international shipments block, the importer shall check the import box and enter the point of entry (city and state) into the United States.
NR 662.060(5)
(5) The importer shall provide the transporter with an additional copy of the manifest to be submitted by the receiving facility to EPA in accordance with
40 CFR 264.71 (a) (3) and
40 CFR 265.71 (a) (3).
NR 662.060 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 06-102: am. (3), cr. (4) and (5)
Register March 2007 No. 615, eff. 4-1-07.
NR 662.070
NR 662.070
Farmers. A farmer disposing of waste pesticides from the farmer's own use which are hazardous wastes is not required to comply with the standards in subchs.
A to
V or other standards in
ch. NR 664,
665,
668 or
670 for those wastes provided the farmer triple rinses each emptied pesticide container in accordance with
s. NR 661.07 (2) (c) and disposes of the pesticide residues on the farmer's own farm in a manner consistent with the disposal instructions on the pesticide label.
NR 662.070 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
Subch. H of ch. NR 662 Note
Note: The requirements on which this subchapter is based (
40 CFR part 262, subpart H) 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 part 262, subpart H 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. 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 imports and exports of wastes that are considered hazardous under U.S. national procedures and are destined for recovery operations in the countries listed in
s. NR 662.058 (1) (a). A waste is considered hazardous under U.S. national procedures if it meets the federal definition of hazardous waste in
40 CFR 261.3 and it is subject to either the manifesting requirements of subpart B, except as required by
s. NR 662.220 (5) (f) and
(6) (f), and
s. NR 662.191 or the universal waste management standards of
ch. NR 673.
NR 662.080(2)
(2) Any person (notifier, consignee or recovery facility operator) who mixes 2 or more wastes (including hazardous and non-hazardous wastes) or otherwise subjects 2 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 notifier duties, if applicable, under this subchapter.
NR 662.080 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.081
NR 662.081
Definitions. The following definitions apply to this subchapter:
NR 662.081(1)
(1) "Competent authorities" means the regulatory authorities of concerned countries having jurisdiction over transfrontier movements of wastes destined for recovery operations.
NR 662.081(2)
(2) "Concerned countries" means the exporting and importing OECD member countries and any OECD member countries of transit.
NR 662.081(3)
(3) "Consignee" means the person to whom possession or other form of legal control of the waste is assigned at the time the waste is received in the importing country.
NR 662.081(4)
(4) "Country of transit" means any designated OECD country in
s. NR 662.058 (1) (a) and
(b) other than the exporting or importing country across which a transfrontier movement of wastes is planned or takes place.
NR 662.081(5)
(5) "Exporting country" means any designated OECD member country in
s. NR 662.058 (1) (a) from which a transfrontier movement of wastes is planned or has commenced.
NR 662.081(6)
(6) "Importing country" means any designated OECD country in
s. NR 662.058 (1) (a) to which a transfrontier movement of wastes is planned or takes place for the purpose of submitting the wastes to recovery operations there.
NR 662.081(7)
(7) "Notifier" means the person under the jurisdiction of the exporting country who has, or will have at the time the planned transfrontier movement commences, possession or other forms of legal control of the wastes and who proposes their transfrontier movement for the ultimate purpose of submitting them to recovery operations. When the United States (U.S.) is the exporting country, notifier is interpreted to mean a person domiciled in the U.S.
NR 662.081(8)
(8) "OECD area" means all land or marine areas under the national jurisdiction of any designated OECD member country in
s. NR 662.058. When the rules refer to shipments to or from an OECD country, this means OECD area.
NR 662.081(9)
(9) "Recognized trader" means a person who, with appropriate authorization of concerned countries, acts in the role of principal to purchase and subsequently sell wastes. This person has legal control of the wastes from time of purchase to time of sale. Such a person may act to arrange and facilitate transfrontier movements of wastes destined for recovery operations.
NR 662.081(10)
(10) "Recovery facility" means an entity which, under applicable domestic law, is operating or is authorized to operate in the importing country to receive wastes and to perform recovery operations on them.
NR 662.081(11)
(11) "Recovery operations" means activities leading to resource recovery, recycling, reclamation, direct re-use or alternative uses as listed in Table 2.B of the Annex of OECD Council Decision C(88)90(Final) of 27 May 1988, (available from the Environmental Protection Agency, RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, first floor, Arlington, VA 22203 (Docket # F-94-IEHF-FFFFF) and the Organization for Economic Co-operation and Development, Environment Directorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France) which include:
R1 Use as a fuel (other than in direct incineration) or other means to generate energy
