The conditional exclusions at 40 CFR 261.4(a) exclude from regulation as a solid waste – and as a hazardous waste – certain materials as long as the conditions of the exclusion are complied with.  A conditional exclusion at 40 CFR 261.4(a)(20) applies to zinc-bearing hazardous secondary materials that are made into 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 describe the requirements at 40 CFR 261.4(a)(20)(iii)(B) for a manufacturer of a zinc fertilizer subject to this exclusion to submit a one-time notice to the USEPA or their state environmental agency.

Before we begin…

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)(iii)(B) the one-time notice must include the following:

• Name, address, and EPA ID number of the manufacturing facility.
• Identification of when the manufacturer intends to begin managing the excluded zinc-bearing hazardous secondary materials.

And that’s it!

Make certain you are in compliance with all of the requirements of this conditional exclusion.