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 purpose of this article is to detail one requirement of the conditional exclusion: the requirement at 40 CFR 261.4(a)(20)(ii)(D) for generators or intermediate handlers of a hazardous secondary material used to make zinc fertilizers to maintain at their facility records of all shipments of hazardous secondary materials.  Records must be kept for no less than three years.

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.

The requirements of the conditional exclusion:

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

• Name of the transporter.
• Date of shipment.
• Name and address of the facility that received the excluded hazardous secondary material.  This could be an intermediate handler (see definition above) or the manufacturer of the zinc-bearing fertilizer.  The manufacturer of the zinc-bearing fertilizer will manage and process the excluded hazardous secondary material to create a zinc micronutrient fertilizer.
• Documentation confirming receipt of excluded hazardous secondary material at the intermediate handler or manufacturer of zinc-bearing fertilizer.
• Type and quantity of excluded hazardous secondary material in each shipment.

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).