Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 213 - Packaging-heavy Metal Content › Rule 567-213.6 - Exemptions

Current through Register Vol. 47, No. 3, July 24, 2024
The following packaging and packaging components are exempt
				  from the requirements of Iowa Code section
				  455D19.:
1. Packaging or packaging components with a
				code indicating a date of manufacture prior to July 1, 1990, and packaging or
				packaging components used by the alcoholic beverage industry or the wine
				industry prior to July 1, 1992.
2.
				Packages or packaging components to which lead, cadmium, mercury, or hexavalent
				chromium have been added in the manufacturing, forming, printing, or
				distribution process in order to comply with health or safety requirements of
				federal law or for which there is no feasible alternative if the manufacturer
				of a packaging or packaging component petitions the department for an exemption
				from the provisions of this paragraph for a particular packaging or packaging
				component. The department may grant a two-year exemption, if warranted by the
				circumstances, and an exemption may, upon meeting either criterion of this
				paragraph, be renewed for two years. For purposes of this paragraph, a use for
				which there is no feasible alternative is one in which the regulated substance
				is essential to the protection, safe handling, or function of the package's
				contents.
3. Packages or packaging
				components that would not exceed the maximum contaminant levels established but
				for the addition of recycled materials.
4. Packages or packaging components that are
				reused, but exceed contaminant levels set forth in Iowa Code section
				455D19(4).,
				paragraph
"c, "
if all of the following criteria are met:
* The product being conveyed by the package, including any
				  packaging component, is regulated under federal or state health or safety
				  requirements.
* Transportation of the packaged product is regulated under
				  federal or state transportation requirements.
* The disposal of the packages or packaging components is
				  performed according to federal or state radioactive or hazardous waste disposal
				  requirements.
The department may grant a two-year exemption if warranted by
				  the circumstances and an exemption may, upon meeting the criteria of this
				  paragraph, be renewed for additional two-year periods.
5. Packages or packaging components which
				qualify as reusable entities that exceed the contaminant levels set forth in
				Iowa Code section
				455D19(4).,
				paragraph
"c, "
if the manufacturers or distributors of such
				packages or packaging components petition the department for an exemption and
				receive approval from the department according to the following standards based
				upon a satisfactory demonstration that the environmental benefit of the
				controlled distribution and reuse is significantly greater than if the same
				package is manufactured in compliance with the contaminant levels set forth in
				Iowa Code section
				455D19(4).,
				paragraph
"c. "
The department may grant a two-year exemption,
				if warranted by the circumstances, and an exemption may, upon meeting the four
				criteria listed in paragraphs "1" to "4" of this rule, be renewed for
				additional two-year periods.
In order to receive an exemption, the application must ensure
				  that reusable entities are used, transported, and disposed of in a manner
				  consistent with the following criteria:
* A means of identifying in a permanent and visible manner
				  those reusable entities containing regulated metals for which an exemption is
				  sought.
* A method or regulatory and financial accountability so that
				  a specified percentage of the reusable entities manufactured and distributed to
				  another person are not discarded by the person after use, but are returned to
				  the manufacturer or the manufacturer's designee.
* A system of inventory and record maintenance to account for
				  the reusable entities placed in, and removed from, service.
* A means of transforming returned entities that are no
				  longer reusable into recycled materials for manufacturing or into manufacturing
				  wastes which are subject to existing federal or state laws or regulations
				  governing manufacturing wastes to ensure that these wastes do not enter the
				  commercial or municipal waste stream.
The application for an exemption must document the measures
				  to be taken by the applicant as set out in Iowa Code section 455D.19(5),
				  paragraph
"e, "
subparagraphs (1) to (4).