NR 661.0004(10)(a)3.a.a. An airbag waste collection facility in the United States under the control of a vehicle manufacturer or its authorized representative, or under the control of an authorized party administering a remedy program in response to a recall under the National Highway Traffic Safety Administration.
NR 661.0004(10)(a)3.b.b. A designated facility as defined in s. NR 660.10 (21).
NR 661.0004(10)(a)4.4. The transport of the airbag waste complies with all applicable U.S. Department of Transportation regulations under 49 CFR parts 171 to 180 during transit.
NR 661.0004(10)(a)5.5. The airbag waste handler maintains at the handler facility, for no less than 3 years, records of all off-site shipments of airbag waste and all confirmations of receipt from the receiving facility. For each shipment, these records shall, at a minimum, contain the name of the transporter and date of the shipment; name and address of receiving facility; and the type and quantity of airbag waste in the shipment. Confirmations of receipt shall include the name and address of the receiving facility; the type and quantity of the airbag waste received; and the date on which it was received. Shipping records and confirmations of receipt shall be made available for inspection and may be satisfied by routine business records, such as electronic or paper financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt.
NR 661.0004(10)(b)(b) Once the airbag waste arrives at an airbag waste collection facility or designated facility, it becomes subject to all applicable hazardous waste regulations, and the facility receiving airbag waste is considered the hazardous waste generator for the purposes of the hazardous waste regulations and shall comply with the requirements under ch. NR 662.
NR 661.0004(10)(c)(c) Reuse in vehicles of defective airbag modules or defective airbag inflators subject to a recall under the National Highway Traffic Safety Administration is considered sham recycling and prohibited under s. NR 661.0002 (7).
NR 661.0004 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (d) 2. a. to h., (6) (c) made under s. 13.92 (4) (b) 7., Stats., and correction in (1) (h) (intro.), (j), (L) 1., (q) 4. a., 6., (u) 3. (intro.), (w) 1. a. to c., 2. a., (x) 2., 5. a. to c., (y) 1. b., (z) 6., (za) 4., 6. b., e., f., (2) (d) 2. a. to h., (f) 1. (intro.), 2. e., f., (g) 1., 2. (intro.), 3. (intro.) (4) (a) (intro.), (5) (a) (intro.), (c) 3. (intro.), (6) (intro.), (10) (a) 4. made under s. 35.17, Stats., Register August 2020 No. 776; correction in (5) (a) (intro.) made under s. 13.92 (4) (b) 7., Stats., and renum. (5) (c) 4. to (5) (d) under s. 13.92 (4) (b) 1., Stats., Register April 2021 No. 784.
NR 661.0006NR 661.0006Requirements for recyclable materials.
NR 661.0006(1)(1)
NR 661.0006(1)(a)(a) Except for the materials listed in pars. (b) and (c), hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities under subs. (2) and (3). Hazardous wastes that are recycled will be known as “recyclable materials.”
NR 661.0006(1)(b)(b) The following recyclable materials are not subject to the requirements of this section but are regulated under subchs. C to N of ch. NR 666 and all applicable provisions in chs. NR 668 and 670:
NR 661.0006(1)(b)1.1. Recyclable materials used in a manner constituting disposal, as specified in subch. C of ch. NR 666.
NR 661.0006(1)(b)2.2. Hazardous wastes burned, as defined in s. NR 666.100 (1), in boilers and industrial furnaces that are not regulated under subch. O of ch. NR 664, subch. O of ch. NR 665, or subch. H of ch. NR 666.
NR 661.0006(1)(b)3.3. Recyclable materials from which precious metals are reclaimed as specified in subch. F of ch. NR 666.
NR 661.0006(1)(b)4.4. Spent lead-acid batteries that are being reclaimed, as specified in subch. G of ch. NR 666.
NR 661.0006(1)(c)(c) The following recyclable materials are not subject to regulation under chs. NR 662 to 670, and are not subject to the notification requirements specified in s. NR 660.07:
NR 661.0006(1)(c)1.1. Industrial ethyl alcohol that is reclaimed, except that exports and imports of such recyclable materials shall comply with the requirements under subch. H of ch. NR 662 and all of the following:
NR 661.0006(1)(c)1.a.a. A person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, shall comply with the requirements applicable to a primary exporter in s. NR 662.083 (7) and (9), shall export such materials only upon consent of the receiving country and in conformance with the EPA acknowledgment of consent, as defined in subch. H of ch. NR 662, and shall provide a copy of the EPA acknowledgment of consent to the shipment to the transporter transporting the shipment for export.
NR 661.0006(1)(c)1.b.b. A transporter transporting a shipment for export may not accept a shipment if the transporter knows the shipment does not conform to the EPA acknowledgment of consent. The transporter shall ensure that a copy of the EPA acknowledgment of consent accompanies the shipment and shall ensure that it is delivered to the facility designated by the person initiating the shipment.
NR 661.0006(1)(c)2.2. Scrap metal that is not excluded under s. NR 661.0004 (1) (m).
NR 661.0006(1)(c)3.3. Fuels produced from the refining of oil-bearing hazardous waste along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, and transportation practices. This exemption does not apply to fuels produced from oil recovered from oil-bearing hazardous waste, where such recovered oil is already excluded under s. NR 661.0004 (1) (L).
NR 661.0006(1)(c)4.4. Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from such hazardous wastes, where such hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil so long as the resulting fuel meets the used oil specification under s. NR 679.11 and so long as no other hazardous wastes are used to produce the hazardous waste fuel.
NR 661.0006(1)(c)5.5. Hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining production and transportation practices, where such hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, so long as the fuel meets the used oil fuel specification under s. NR 679.11.
NR 661.0006(1)(c)6.6. Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, in which reclaimed oil is burned as a fuel without reintroduction to a refining process, so long as the reclaimed oil meets the used oil fuel specification under s. NR 679.11.
NR 661.0006(1)(d)(d) Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic is not subject to the requirements under chs. NR 660 to 668, but is regulated under ch. NR 679. Used oil that is recycled includes any used oil that is reused, following its original use, for any purpose, including the purpose for which the oil was originally used. This includes oil which is re-refined, reclaimed, burned for energy recovery, or reprocessed.
NR 661.0006(1)(e)(e) Hazardous waste that is exported or imported for purpose of recovery is subject to the requirements under subch. H of ch. NR 662.
NR 661.0006(2)(2)Except as provided in sub. (1), generators and transporters of recyclable materials are subject to the applicable requirements specified in chs. NR 662 and 663 and the notification requirements under s. NR 660.07.
NR 661.0006(3)(3)
NR 661.0006(3)(a)(a) Except as provided in sub. (1), owners and operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of subchs. A to L, AA, BB, and CC of chs. NR 664 and 665, and under chs. NR 666 to 670, and the notification requirements under s. NR 660.07. Except as provided in sub. (4), the recycling process itself is exempt from regulation.