NR 661.0035NR 661.0035 Deletion of certain hazardous waste codes following equipment cleaning and replacement. NR 661.0035(1)(1) Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 once the generator has met all of the requirements under subs. (2) and (3). These wastes may, however, continue to meet another hazardous waste listing description or may exhibit one or more of the hazardous waste characteristics. NR 661.0035(2)(2) A generator shall either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the ground water, surface water, or atmosphere. NR 661.0035(2)(a)1.1. Prepare and follow an equipment cleaning plan and clean equipment in accordance with par. (b). NR 661.0035(2)(a)2.2. Prepare and follow an equipment replacement plan and replace equipment in accordance with par. (c). NR 661.0035(2)(a)3.3. Document cleaning and replacement in accordance with par. (c), carried out after termination of use of chlorophenolic preservations. NR 661.0035(2)(b)2.b.b. Rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse. NR 661.0035(2)(b)3.b.b. “Not detected” means at or below the following lower method calibration limits or MCLs: The 2,3,7,8-TCDD-based MCL—0.01 parts per trillion or ppt, sample weight of 1000 g, IS spiking level of 1 ppt, final extraction volume of 10-50 μL. For other congeners—multiply the values by 1 for TCDF/PeCDD/PeCDF, by 2.5 for HxCDD/HxCDF/HpCDD/HpCDF, and by 5 for OCDD/OCDF. NR 661.0035(2)(d)1.1. A generator acting under par. (a) 3. shall document that previous equipment cleaning or replacement was performed in accordance with this section and occurred after cessation of use of chlorophenolic preservatives. NR 661.0035(3)(3) The generator shall maintain all of the following records documenting the cleaning and replacement as part of the facility’s operating record: NR 661.0035(3)(b)(b) Formulations previously used and the date on which their use ceased in each process at the plant. NR 661.0035(3)(e)(e) The name and address of any persons who conducted the cleaning and replacement. NR 661.0035(3)(h)(h) A description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody of the samples. NR 661.0035(3)(i)(i) A description of the tests performed, the date the tests were performed, and the results of the tests. NR 661.0035(3)(j)(j) The name and model numbers of the instrument used in performing the tests. NR 661.0035(3)(L)(L) The following statement signed by the generator or the generator’s authorized representative: “I certify under penalty of law that all process equipment required to be cleaned or replaced under s. NR 661.0035 was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment.” NR 661.0035 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.; correction in (2) (b) 4. made under s. 35.17, Stats., Register August 2020 No. 776. NR 661.0039NR 661.0039 Conditional exclusion for used, broken cathode ray tubes, and processed CRT glass undergoing recycling. Used, broken CRTs are not solid wastes if they meet all of the following conditions: NR 661.0039(1)(1) Prior to processing. These materials are not solid wastes if they are destined for recycling and if they meet all of the following requirements: NR 661.0039(1)(a)(a) Storage. The broken CRTs shall be handled in one of the following ways: NR 661.0039(1)(a)2.2. Placed in a container or a vehicle that is constructed, filled, and closed to minimize releases to the environment of CRT glass including fine solid materials. NR 661.0039(1)(b)(b) Labeling. Each container in which the used, broken CRT is contained shall be labeled or marked clearly with one of the following phrases: “Used cathode ray tubes-contains leaded glass” or “Leaded glass from televisions or computers.” The container shall also be labeled: “Do not mix with other glass materials.” NR 661.0039(1)(c)(c) Transportation. The used, broken CRTs shall be transported in a container meeting the requirements specified in pars. (a) 2. and (b). NR 661.0039(1)(d)(d) Speculative accumulation and use constituting disposal. The used, broken CRTs are subject to the limitations on speculative accumulation as defined in s. NR 661.0001 (3) (h). If they are used in a manner constituting disposal, they shall comply with the applicable requirements under subch. C of ch. NR 666, instead of the requirements of this section. NR 661.0039(1)(e)(e) Exports. In addition to the applicable conditions specified in pars. (a) to (d), exporters of used, broken CRTs shall comply with all of the following requirements: NR 661.0039(1)(e)1.1. Notify EPA of an intended export before the CRTs are scheduled to leave the United States. A complete notification shall be submitted 60 days before the initial shipment is intended to be shipped off-site. This notification may cover export activities extending over a 12-month or lesser period. The notification shall be in writing, signed by the exporter, and include all of the following information: NR 661.0039(1)(e)1.a.a. Name, mailing address, telephone number and EPA identification number, if applicable, of the exporter of the CRTs. NR 661.0039(1)(e)1.b.b. The estimated frequency or rate at which the CRTs are to be exported and the period of time over which they are to be exported. NR 661.0039(1)(e)1.d.d. All points of entry to and departure from each foreign country through which the CRTs will pass. NR 661.0039(1)(e)1.e.e. A description of the means by which each shipment of the 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 661.0039(1)(e)1.f.f. The name and address of the recycler or recyclers and the estimated quantity of used CRTs to be sent to each facility, as well as the names of any alternate recyclers. NR 661.0039(1)(e)1.g.g. A description of the manner in which the CRTs will be recycled in the foreign country that will be receiving the CRTs. NR 661.0039(1)(e)1.h.h. The name of any transit country through which the CRTs will be sent and a description of the approximate length of time the CRTs will remain in each country and the nature of their handling while there. NR 661.0039(1)(e)2.2. Notifications shall be submitted electronically using EPA’s waste import export tracking system, or its successor system. NR 661.0039(1)(e)3.3. Upon request by EPA, the exporter shall furnish to EPA any additional information a receiving country requests in order to respond to a notification. NR 661.0039(1)(e)4.4. EPA will provide a complete notification to the receiving country and any transit countries. A notification is complete when EPA receives a notification that EPA determines satisfies the requirements specified in subd. 1. NR 661.0039(1)(e)5.a.a. The receiving country consents to the intended export. When the receiving country consents in writing to the receipt of the CRTs, EPA will forward an acknowledgment of consent to export CRTs to the exporter. When the receiving country objects to receipt of the CRTs or withdraws a prior consent, EPA will notify the exporter in writing. EPA will also notify the exporter of any responses from transit countries. NR 661.0039(1)(e)5.b.b. On or after the automated export system, or AES, filing compliance date of December 31, 2017, the exporter or a U.S. authorized agent shall do all of the following: 1) Submit electronic export information, or EEI, for each shipment to the AES or its successor system, under the international trade data system, or ITDS, platform, in accordance with 15 CFR 30.4 (b). 2) Include all of the following items in the EEI, along with all of the other information required under 15 CFR 30.6: a) EPA license code.
c) EPA consent number.
f) Quantity of waste in shipment and units for reported quantity, if required reporting units established by value for the reported commodity classification number are in units of weight or volume, per 15 CFR 30.6 (a) (15); or EPA net quantity reported in units of kilograms, if required reporting units established by value for the reported commodity classification number are not in units of weight or volume. NR 661.0039(1)(e)6.6. When the conditions specified on the original notification change, the exporter shall provide EPA with a written renotification of the change using the allowable methods listed in subd. 2., except for changes to the telephone number specified in subd. 1. a. and decreases in the quantity indicated pursuant to subd. 1. c. The shipment cannot take place until consent of the receiving country to the changes has been obtained, except for changes to information about points of entry and departure and transit countries pursuant to subd. 1. d. to h., and the exporter of CRTs receives from EPA a copy of the acknowledgment of consent to export CRTs reflecting the receiving country’s consent to the changes. NR 661.0039(1)(e)7.7. A copy of the acknowledgment of consent to export CRTs shall accompany the shipment of CRTs. The shipment shall conform to the terms of the acknowledgment of consent. NR 661.0039(1)(e)8.8. If a shipment of CRTs cannot be delivered for any reason to the recycler or the alternate recycler, the exporter of CRTs shall renotify EPA of a change in the conditions of the original notification to allow shipment to a new recycler in accordance with subd. 6. and obtain another acknowledgment of consent to export CRTs. NR 661.0039(1)(e)9.9. An exporter shall keep copies of notifications and acknowledgments of consent to export CRTs for a period of 3 years following receipt of the acknowledgments of consent. An exporter may satisfy this recordkeeping requirement by retaining electronically submitted notifications or electronically generated acknowledgements in the CRT exporter’s account on EPA’s waste import export tracking system, or its successor system, provided that the copies are readily available for viewing and production if requested by any EPA or an authorized state inspector. No CRT exporter may be held liable for the inability to produce a notification or acknowledgments of consent for inspection under this section if the CRT exporter can demonstrate that the inability to produce such copies are due exclusively to technical difficulty with EPA’s waste import export tracking system, or its successor system, for which the CRT exporter bears no responsibility. NR 661.0039(1)(e)10.10. A CRT exporter shall file with EPA no later than March 1 of each year, an annual report summarizing the quantities, in kilograms, frequency of shipment, and ultimate destination of where the recycling occurs of all used CRTs exported during the previous calendar year. The annual report shall also include all of the following: NR 661.0039(1)(e)10.a.a. The name, EPA identification number, if applicable, and mailing and site address of the exporter. NR 661.0039(1)(e)10.c.c. A certification signed by the CRT exporter that 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 this 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 661.0039(1)(e)11.11. Prior to December 31, 2018, one year after the AES filing compliance date, annual reports shall be sent to the following mailing address: Office of Land and Emergency Management, Office of Resource Conservation and Recovery, Materials Recovery and Waste Management Division, International Branch (Mail Code 2255A) Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Hand-delivered annual reports on used CRTs exported during 2016 shall be sent to: Office of Land and Emergency Management, Office of Resource Conservation and Recovery, Materials Recovery and Waste Management Division, International Branch (Mail Code 2255A), Environmental Protection Agency, William Jefferson Clinton South Building, Room 6144, 1200 Pennsylvania Ave. NW, Washington, DC 20004. Subsequently, annual reports shall be submitted to the office listed using the allowable methods specified in subd. 2. An exporter shall keep copies of each annual report for a period of at least 3 years from the due date of the report. An exporter may satisfy this recordkeeping requirement by retaining electronically submitted annual reports in the CRT exporter’s account on EPA’s waste import export tracking system, or its successor system, provided that a copy is readily available for viewing and production if requested by any EPA or authorized state inspector. No CRT exporter may be held liable for the inability to produce an annual report for inspection under this section if the CRT exporter can demonstrate that the inability to produce the annual report is due exclusively to technical difficulty with EPA’s waste import export tracking system, or its successor system, for which the CRT exporter bears no responsibility. NR 661.0039 NoteNote: The requirements of par. (e) are based on 40 CFR 261.39 (a) (5) (v) 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 261.39 (a) (5) (v) 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 661.0039(2)(2) Requirements for used CRT processing. Used, broken CRTs undergoing CRT processing as defined in s. NR 660.10 are not solid wastes if they meet all of the following requirements:
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