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 opt in to handle the material as hazardous secondary material, you may continue to do so until you opt out.

Laws, Rules and Regulations

How to Apply

Application

The applicant (hazardous waste generator) must check "yes" to the question in section 8.E. and attaching a completed 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

No public notice is required.

Requirements

Reporting

The facility must complete the federal site ID form and Hazardous Secondary Materials Addendum as part of their biennial report. For more information about reporting requirements, visit Hazardous Waste Reporting.

Renewal

There is no renewal process. The reporting requirements allow you to continue to handle the spent material as a hazardous secondary material until you opt out.

Note: If you decide to stop handling the material as hazardous secondary material, you must complete the Hazardous Secondary Material Addendum to opt out.

Resources

No additional resources.