USEPA regulations at 40 CFR 261.4(a)(20) provide for a conditional exclusion from management as a solid waste – and therefore as a hazardous waste as well – for hazardous secondary materials used to make zinc fertilizers.  You can learn more about the full conditional exclusion here:  40 CFR 261.4(a)(20)  Hazardous Secondary Materials Used to Make Zinc Fertilizers.

The conditional exclusion identifies three entities:

• Generator of the hazardous secondary material subject to the exclusion.
• Intermediate handler of the excluded hazardous secondary material (may not be necessary).
• Manufacturer of zinc fertilizer or zinc fertilizer ingredients made from the excluded hazardous secondary material.

The purpose of this article is to detail one requirement of the conditional exclusion: the requirement at 40 CFR 261.4(a)(20)(iii)(D) for manufacturers that utilize a hazardous secondary material to make zinc fertilizers to submit an annual report to the USEPA or their state environmental regulatory agency.

Before we begin…

Whether to submit the annual report to the Regional Administrator of the USEPA or to the Director of your state environmental regulatory agency depends on if your state has an authorized hazardous waste program.  Read here about State Authorization Under RCRA.

The requirements of the conditional exclusion:

Per 40 CFR 261.4(a)(20)(iii)(D) the annual report must include the following:

• Total quantities of all excluded hazardous secondary materials used to manufacture zinc fertilizers.
• Name & address of each facility that generated excluded hazardous secondary material used to manufacture zinc fertilizers.
• Industrial processes from which each excluded hazardous secondary material was generated.

Reported information is for the previous calendar year.

Report must be submitted to the USEPA or state environmental agency.  There is no indication of a due date for the report.

And that’s it!

Be sure you read and understand all of 40 CFR 261.4(a)(20) if you are subject to this conditional exclusion.