Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter E - Exclusions/Exemptions › Section NR 661.0039 - Conditional exclusion for used, broken cathode ray tubes, and processed CRT glass undergoing recycling

Current through June 24, 2024
Used, broken CRTs are not solid wastes if they meet all of
					 the following conditions:
(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:
(a)
Storage.
The broken CRTs shall be
					 handled in one of the following ways:
1. Stored in a building with a roof, floor, and
					 walls.
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.
(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."
(c)
Transportation.
The used, broken CRTs
					 shall be transported in a container meeting the requirements specified in pars.
					 (a) 2. and (b).
(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.
(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:
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:
a. Name, mailing address, telephone number and EPA
					 identification number, if applicable, of the exporter of the CRTs.
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.
c. The estimated total quantity of CRTs, specified in
					 kilograms.
d. All points of entry to and departure from each foreign
					 country through which the CRTs will pass.
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.
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.
g. A description of the manner in which the CRTs will be
					 recycled in the foreign country that will be receiving the CRTs.
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.
2. Notifications shall be submitted electronically using
					 EPA's waste import export tracking system, or its successor system.
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.
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.
5. The export of CRTs is prohibited unless all of the
					 following occur:
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.
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.
b) Commodity classification code per
					 15 CFR
					 30.6(a) (12).
c) EPA consent number.
d) Country of ultimate destination per
					 15 CFR
					 30.6(a) (5).
e) Date of export per
					 15 CFR
					 30.6(a) (2).
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.
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.
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.
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.
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.
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:
a. The name, EPA identification number, if applicable, and
					 mailing and site address of the exporter.
b. The calendar year covered by the report.
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."
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.
Note:
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.
(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:
(a)
Storage.
Used, broken CRTs undergoing
					 processing are subject to the requirement of sub. (1) (d).
(b)
Processing.
1. All activities specified in the definition of CRT
					 processing in s.
					 NR
					 660.10(19j) (b) and (c) shall be
					 performed within a building with a roof, floor, and walls.
2. No activities may be performed that use temperatures
					 high enough to volatilize lead from CRTs.
(3) PROCESSED CRT GLASS SENT TO CRT GLASS MAKING OR LEAD
					 SMELTING. Glass from used CRTs that is destined for recycling at a CRT glass
					 manufacturer or a lead smelter after processing is not a solid waste unless it
					 is speculatively accumulated as defined in s. NR 661.0001(3) (h).
(4) USE CONSTITUTING DISPOSAL. Glass from used CRTs that is
					 used in a manner constituting disposal shall comply with the requirements under
					 subch. C of ch. NR 666, instead of the requirements of this
					 section.