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. (more…)