Hazardous Secondary Material is a used or "spent" product, by-product or sludge that, when discarded, would be identified as a hazardous waste under Code of Federal Regulations 40 C.F.R. Part 261, but is instead managed as hazardous secondary material under 40 C.F.R. §§ 260.30 or 261.4(a)(23), (24), (25) or (27).

In order to be able to handle the material as hazardous secondary material instead of a hazardous waste, the hazardous waste generator must first notify the department of their intention to do so.

Length of Permit

Once you have opted to handle a used product, by-product or sludge as a Hazardous Secondary Material, you may continue to do so until you opt out of doing so. Rules require that you re-notify the department every two years. Re-notification is due by March 1 of every even numbered year.

Laws, Rules and Regulations

How to Apply

Applications

Applicants must check yes to the question in section 8E and also complete the hazardous secondary materials addendum in order to opt-in.

Fees

There are no fees associated with opting to handle waste as a hazardous secondary material. However, any fees required by your hazardous waste activities still apply.

Timeline/ Process

You must opt-in before you can handle the waste as a hazardous secondary material. The department will request additional information if the application is not complete, which will delay the review process.

Public Participation

There are no public participation requirements for this permit.

Requirements

Reports

Facilities must complete the federal site ID form and Hazardous Secondary Materials Addendum as part of the biennial report due by March 1 of every even numbered year. The report covers the previous odd numbered calendar year.

Renewal

There is no renewal process. The reporting requirements allow you to continue to handle the spent material as a hazardous secondary material. Please note, you must complete the Hazardous Secondary Material Addendum to opt out if you decide to stop handling the material as hazardous secondary material

Resources

You must complete the federal site ID form and Hazardous Secondary Material Addendum as part of the biennial report by March 1 of every even numbered year. The report covers the previous odd numbered calendar year.