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)(ii)(A) for generators and intermediate handlers of a hazardous secondary material used to make zinc fertilizers to submit a one-time notice to the USEPA or their state environmental regulatory agency.

Before we begin…

An intermediate handler is defined at 40 CFR 260.10:

Intermediate facility means any facility that stores hazardous secondary materials for more than 10 days, other than a hazardous secondary material generator or reclaimer of such material.

Also…

Whether to submit the notice 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)(ii)(A) the one-time notice must include the following:

• Name, address, and EPA ID number of the generator or intermediate handler of the hazardous secondary material.
• A brief description of the secondary material subject to the exclusion.
• Identification of when the manufacturer of the zinc-bearing fertilizer intends to begin managing the excluded zinc-bearing hazardous secondary materials.

And that’s it!

Remember, this is only one small part of the conditional exclusion.  Be sure to comply with all of the requirements of 40 CFR 261.4(a)(20).