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 – for zinc-bearing 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)(C) for manufacturers of zinc fertilizers to maintain at their facility records of all shipments received of the excluded hazardous secondary materials.

The requirements of the conditional exclusion:

Per 40 CFR 261.4(a)(20)(iii)(C), for each shipment of a hazardous secondary material subject to this exclusion records must, at a minimum, contain the following:

• Name and address of the generating facility.
• Name of transporter.
• Date material was received.
• Quantity of excluded hazardous secondary material received.
• Brief description of the industrial process that generated the material.

Records must be kept for no less than three years.

And that’s it!

You’re not through!  This is only one small part of this conditional exclusion.  Be sure you are are in compliance with all of 40 CFR 261.4(a)(20).