Section 662.080. Applicability.

 

(1)  The requirements of this subchapter apply to imports and exports of wastes that are considered hazardous under U.S. national procedures and are destined for recovery operations in the countries listed in s. NR 662.058 (1) (a) . A waste is considered hazardous under U.S. national procedures if it meets the federal definition of hazardous waste in 40 CFR 261.3 and it is subject to either the manifesting requirements of subpart B, except as required by s. NR 662.220 (5) (f) and (6) (f) , and s. NR 662.191 or the universal waste management standards of ch. NR 673 .

(2)  Any person (notifier, consignee or recovery facility operator) who mixes 2 or more wastes (including hazardous and non-hazardous wastes) or otherwise subjects 2 or more wastes (including hazardous and non-hazardous wastes) to physical or chemical transformation operations, and thereby creates a new hazardous waste, becomes a generator and assumes all subsequent generator duties under RCRA and any notifier duties, if applicable, under this subchapter.

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06.

Note

Note: The requirements on which this subchapter is based ( 40 CFR part 262 , subpart H) are administered by EPA and not the department because the exercise of foreign relations and international commerce powers is reserved to the federal government under the U.S. Constitution. Wisconsin has adopted these requirements into its rules for the convenience of the regulated community and for completeness. The enforcement of the 40 CFR part 262 , subpart H requirements remains EPA's responsibility even though Wisconsin has adopted these requirements into its rules. Wisconsin plays a key role in providing EPA with information on whether Wisconsin facilities designated to receive hazardous waste imports are authorized to manage specific wastes and in ensuring facility compliance with all applicable environmental laws and rules. The 40 CFR part 262 , subpart H requirements apply to only those wastes identified or listed under the federal program that are subject to federal manifesting requirements. Microsoft Windows NT 6.1.7601 Service Pack 1