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
R2 Solvent reclamation or regeneration
R3 Recycling or reclamation of organic substances which are not used as solvents
R4 Recycling or reclamation of metals and metal compounds
R5 Recycling or reclamation of other inorganic materials
R6 Regeneration of acids or bases
R7 Recovery of components used for pollution control
R8 Recovery of components from catalysts
R9 Used oil re-refining or other reuses of previously used oil
R10 Land treatment resulting in benefit to agriculture or ecological improvement
R11 Uses of residual materials obtained from any of the operations numbered R1-R10
R12 Exchange of wastes for submission to any of the operations numbered R1-R11
R13 Accumulation of material intended for any operation in Table 2.B
NR 662.081(12)
(12) "Transfrontier movement" means any shipment of wastes destined for recovery operations from an area under the national jurisdiction of one OECD member country to an area under the national jurisdiction of another OECD member country.
NR 662.081 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.082(1)(1)
Scope. The level of control for exports and imports of waste is indicated by assignment of the waste to a green, amber or red list and by U.S. national procedures as defined in
s. NR 662.080 (1). The green, amber and red lists are incorporated by reference in
s. NR 662.089 (5).
NR 662.082(1)(a)
(a) Wastes on the green list are subject to existing controls normally applied to commercial transactions, except as follows:
NR 662.082(1)(a)1.
1. Green-list wastes that are considered hazardous under U.S. national procedures are subject to amber-list controls.
