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 NR 662.057Recordkeeping.
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 NR 662.058International agreements.
NR 662.058(1) (1) Any person who exports or imports hazardous waste subject to the manifest requirements of subchs. A to J 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; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 738.
subch. F of ch. NR 662 Subchapter F — Imports
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 NR 662.060Imports.
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 J 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; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739.
subch. G of ch. NR 662 Subchapter G — Farmers
NR 662.070 NR 662.070Farmers. 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 Subchapter H — Transfrontier Shipments for Recovery within the OECD
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 NR 662.080Applicability.
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 662.081Definitions. 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 NR 662.082General conditions.
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.
NR 662.082(1)(a)2. 2. Green-list wastes that are sufficiently contaminated or mixed with amber-list wastes, such that the waste or waste mixture is considered hazardous under U.S. national procedures, are subject to amber-list controls.
NR 662.082(1)(a)3. 3. Green-list wastes that are sufficiently contaminated or mixed with other wastes subject to red-list controls such that the waste or waste mixture is considered hazardous under U.S. national procedures shall be handled in accordance with the red-list controls.
NR 662.082(1)(b) (b) Wastes on the amber list that are considered hazardous under U.S. national procedures as defined in s. NR 662.080 (1) are subject to the amber-list controls of this subchapter. If amber-list wastes are sufficiently contaminated or mixed with other wastes subject to red-list controls such that the waste or waste mixture is considered hazardous under U.S. national procedures, the wastes shall be handled in accordance with the red-list controls.
NR 662.082(1)(c) (c) Wastes on the red list that are considered hazardous under U.S. national procedures as defined in s. NR 662.080 (1) are subject to the red-list controls of this subchapter.
NR 662.082 Note Note: Some wastes on the amber or red lists are not listed or otherwise identified as hazardous under RCRA (e.g., polychlorinated biphenyls) and therefore are not subject to the amber- or red-list controls of this subchapter. Regardless of the status of the waste under RCRA, however, other federal environmental statutes (e.g., the toxics substances control act) may restrict certain waste imports or exports. The restrictions continue to apply without regard to this subchapter.
NR 662.082(1)(d) (d) Wastes not yet assigned to a list are eligible for transfrontier movements, as follows:
NR 662.082(1)(d)1. 1. If the wastes are considered hazardous under U.S. national procedures as defined in s. NR 662.080 (1), the wastes are subject to the red-list controls.
NR 662.082(1)(d)2. 2. If the wastes are not considered hazardous under U.S. national procedures as defined in s. NR 662.080 (1), the wastes may move as though they appeared on the green list.
NR 662.082(2) (2)General conditions applicable to transfrontier movements of hazardous waste.
NR 662.082(2)(a)(a) The waste shall be destined for recovery operations at a facility that, under applicable domestic law, is operating or is authorized to operate in the importing country.
NR 662.082(2)(b) (b) The transfrontier movement shall be in compliance with applicable international transport agreements.
NR 662.082 Note Note: These international agreements include, but are not limited to, the Chicago Convention (1944), ADR (1957), ADNR (1970), MARPOL Convention (1973 or 1978), SOLAS Convention (1974), IMDG Code (1985), COTIF (1985) and RID (1985).
NR 662.082(2)(c) (c) Any transit of waste through a non-OECD member country shall be conducted in compliance with all applicable international and national laws and regulations.
NR 662.082(3) (3)Provisions relating to re-export for recovery to a third country.
NR 662.082(3)(a)(a) Re-export of wastes subject to the amber-list control system from the U.S., as the importing country, to a third country listed in s. NR 662.058 (1) (a) may occur only after a notifier in the U.S. provides notification to and obtains consent of the competent authorities in the third country, the original exporting country and new transit countries. The notification shall comply with the notice and consent procedures in s. NR 662.083 for all concerned countries and the original exporting country. The competent authorities of the original exporting country as well as the competent authorities of all other concerned countries have 30 days to object to the proposed movement.
NR 662.082(3)(a)1. 1. The 30-day period begins once the competent authorities of both the initial exporting country and new importing country issue acknowledgments of receipt of the notification.
NR 662.082(3)(a)2. 2. The transfrontier movement may commence if no objection has been lodged after the 30-day period has passed or immediately after written consent is received from all relevant OECD importing and transit countries.
NR 662.082(3)(b) (b) Re-export of waste subject to the red-list control system from the original importing country to a third country listed in s. NR 662.058 (1) (a) may occur only following notification of the competent authorities of the third country, the original exporting country and new transit countries by a notifier in the original importing country in accordance with s. NR 662.083. The transfrontier movement may not proceed until receipt by the original importing country of written consent from the competent authorities of the third country, the original exporting country and new transit countries.
NR 662.082(3)(c) (c) In the case of re-export of amber or red-list wastes to a country other than those in s. NR 662.058 (1) (a), notification to and consent of the competent authorities of the original OECD member country of export and any OECD member countries of transit is required as specified in pars. (a) and (b) in addition to compliance with all international agreements and arrangements to which the first importing OECD member country is a party and all applicable regulatory requirements for exports from the first importing country.
NR 662.082 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 662.083 NR 662.083Notification and consent.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.