NR 661.39   Conditional exclusion for used, broken cathode ray tubes (CRTs) and processed CRT glass undergoing recycling.
NR 661.40   Conditional exclusion for used, intact cathode ray tubes (CRTs) exported for recycling.
NR 661.41   Notification and recordkeeping for used, intact cathode ray tubes (CRTs) exported for reuse.
subch. A of ch. NR 661 Subchapter A — General
NR 661.01 NR 661.01Purpose and scope.
NR 661.01(1) (1) This chapter identifies those solid wastes which are subject to regulation as hazardous wastes under chs. NR 662 to 665, 668 and 670 and which are subject to the notification requirements of s. NR 660.07. In this chapter:
NR 661.01(1)(a) (a) Subchapter A defines the terms “solid waste" and “hazardous waste", identifies those wastes which are excluded from regulation under chs. NR 662 to 670 and establishes special management requirements for hazardous waste which is recycled.
NR 661.01(1)(b) (b) Subchapter B sets forth the criteria used by the department to identify characteristics of hazardous waste and to list particular hazardous wastes.
NR 661.01(1)(c) (c) Subchapter C identifies characteristics of hazardous waste.
NR 661.01(1)(d) (d) Subchapter D lists particular hazardous wastes.
NR 661.01(2)(a)(a) The definition of solid waste contained in this chapter applies only to wastes that also are hazardous for purposes of chs. NR 660 to 673. For example, it does not apply to materials (such as non-hazardous scrap, paper, textiles or rubber) that are not otherwise hazardous wastes and that are recycled.
NR 661.01(2)(b) (b) This chapter identifies only some of the materials which are solid wastes and hazardous wastes under ss. 291.15, 291.85, 291.91, and 291.93, Stats. A material which is not defined as a solid waste in this chapter, or is not a hazardous waste identified or listed in this chapter, is still a solid waste and a hazardous waste for purposes of these sections if any of the following are met:
NR 661.01(2)(b)1. 1. In the case of ss. 291.15, 291.91 and 291.93, Stats., the department has reason to believe that the material may be a solid waste within the meaning of s. 289.01 (33), Stats., and a hazardous waste within the meaning of s. 291.01 (7), Stats.
NR 661.01(2)(b)2. 2. In the case of s. 291.85, Stats., the statutory elements are established.
NR 661.01(3) (3) For the purposes of ss. NR 661.02 and 661.06:
NR 661.01(3)(a) (a) A “spent material" is any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing.
NR 661.01(3)(b) (b) “Sludge" has the same meaning used in s. NR 660.10.
NR 661.01(3)(c) (c) A “by-product" is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public's use and is ordinarily used in the form it is produced by the process.
NR 661.01(3)(d) (d) A material is “reclaimed" if it is processed to recover a usable product, or if it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents.
NR 661.01(3)(e) (e) A material is “used or reused" if it is one of the following:
NR 661.01(3)(e)1. 1. Employed as an ingredient (including use as an intermediate) in an industrial process to make a product (for example, distillation bottoms from one process used as feedstock in another process). However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal-containing secondary materials).
NR 661.01(3)(e)2. 2. Employed in a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment).
NR 661.01(3)(f) (f) “Scrap metal" is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.
NR 661.01(3)(g) (g) A material is “recycled" if it is used, reused or reclaimed.
NR 661.01(3)(h) (h) A material is “accumulated speculatively" if it is accumulated before being recycled. A material is not accumulated speculatively, however, if the person accumulating it can show that the material is potentially recyclable and has a feasible means of being recycled; and that during the calendar year (commencing on January 1) the amount of material that is recycled, or transferred to a different site for recycling, equals at least 75% by weight or volume of the amount of that material accumulated at the beginning of the period. In calculating the percentage of turnover, the 75% requirement is to be applied to each material of the same type (e.g., slags from a single smelting process) that is recycled in the same way (i.e., from which the same material is recovered or that is used in the same way). Materials accumulating in units that would be exempt from regulation under s. NR 661.04 (3) are not to be included in making the calculation. (Materials that are already defined as solid wastes also are not to be included in making the calculation.) Materials are no longer in this category once they are removed from accumulation for recycling, however.
NR 661.01(3)(i) (i) “Excluded scrap metal" is processed scrap metal, unprocessed home scrap metal and unprocessed prompt scrap metal.
NR 661.01(3)(j) (j) “Processed scrap metal" is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Shredded circuit boards being sent for recycling are not processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (s. NR 661.04 (1) (n)).
NR 661.01(3)(k) (k) “Home scrap metal" is scrap metal as generated by steel mills, foundries and refineries such as turnings, cuttings, punchings and borings.
NR 661.01(3)(L) (L) “Prompt scrap metal" is scrap metal as generated by the metal working or fabrication industries and includes scrap metal such as turnings, cuttings, punchings and borings. Prompt scrap is also known as industrial or new scrap metal.
NR 661.01 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 661.02 NR 661.02Definition of solid waste.
NR 661.02(1)(a) (a) A solid waste is any discarded material that is not excluded by s. NR 661.04 (1) or that is not excluded by a variance granted under ss. NR 660.30 and 660.31.
NR 661.02(1)(b) (b) A discarded material is any material which is one of the following:
NR 661.02(1)(b)1. 1. Abandoned, as explained in sub. (2).
NR 661.02(1)(b)2. 2. Recycled, as explained in sub. (3).
NR 661.02(1)(b)3. 3. Considered inherently waste-like, as explained in sub. (4).
NR 661.02(1)(b)4. 4. A military munition identified as a solid waste in s. NR 666.202.
NR 661.02(2) (2) Materials are solid waste if they are abandoned by being one of the following:
NR 661.02(2)(a) (a) Disposed of.
NR 661.02(2)(b) (b) Burned or incinerated.
NR 661.02(2)(c) (c) Accumulated, stored or treated (but not recycled) before or in lieu of being abandoned by being disposed of, burned or incinerated.
NR 661.02(3) (3) Materials are solid wastes if they are recycled, or accumulated, stored or treated before recycling, according to the following:
NR 661.02(3)(a) (a) Used in a manner constituting disposal.
NR 661.02(3)(a)1.1. Materials noted with a “*" in column 1 of Table 1 are solid wastes when they are:
NR 661.02(3)(a)1.a. a. Applied to or placed on the land in a manner that constitutes disposal.
NR 661.02(3)(a)1.b. b. Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product itself remains a solid waste).
NR 661.02(3)(a)2. 2. However, commercial chemical products listed in s. NR 661.33 are not solid wastes if they are applied to the land and that is their ordinary manner of use.
NR 661.02(3)(b) (b) Burned for energy recovery.
NR 661.02(3)(b)1.1. Materials noted with a “*" in column 2 of Table 1 are solid wastes when they are:
NR 661.02(3)(b)1.a. a. Burned to recover energy.
NR 661.02(3)(b)1.b. b. Used to produce a fuel or are otherwise contained in fuels (in which cases the fuel itself remains a solid waste).
NR 661.02(3)(b)2. 2. However, commercial chemical products listed in s. NR 661.33 are not solid wastes if they are themselves fuels.
NR 661.02(3)(c) (c) Reclaimed. Materials noted with a “*" in column 3 of Table 1 are solid wastes when reclaimed (except as provided under s. NR 661.04 (1) (q)). Materials noted with a “" in column 3 of Table 1 are not solid wastes when reclaimed.
NR 661.02(3)(d) (d) Accumulated speculatively. Materials noted with a “*" in column 4 of Table 1 are solid wastes when accumulated speculatively.
Table 1 - See PDF for table PDF
NR 661.02 Note Note: The terms spent materials, sludges, by-products, scrap metal and processed scrap metal are defined in s. NR 661.01.
NR 661.02(4) (4) All of the following inherently waste-like materials are solid wastes when they are recycled in any manner:
NR 661.02(4)(a) (a) Hazardous waste numbers F020, F021 (unless used as an ingredient to make a product at the site of generation), F022, F023, F026 and F028.
NR 661.02(4)(b) (b) Secondary materials fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste or are listed as a hazardous waste as defined in subch. C or D, except for brominated material that meets all of the following criteria:
NR 661.02(4)(b)1. 1. The material contains a bromine concentration of at least 45%.
NR 661.02(4)(b)2. 2. The material contains less than a total of 1% of toxic organic compounds listed in ch. NR 661 Appendix VIII.
NR 661.02(4)(b)3. 3. The material is processed continually on-site in the halogen acid furnace via direct conveyance (hard piping).
NR 661.02(4)(c) (c) The department will use all of the following criteria to add wastes to that list:
NR 661.02(4)(c)1. 1. Any of the following:
NR 661.02(4)(c)1.a. a. The materials are ordinarily disposed of, burned or incinerated.
NR 661.02(4)(c)1.b. b. The materials contain toxic constituents listed in ch. NR 661 Appendix VIII and these constituents are not ordinarily found in raw materials or products for which the materials substitute (or are found in raw materials or products in smaller concentrations) and are not used or reused during the recycling process.
NR 661.02(4)(c)2. 2. The material may pose a substantial hazard to human health and the environment when recycled.
NR 661.02(5)(a)(a) Materials are not solid wastes when they can be shown to be recycled by being one of the following:
NR 661.02(5)(a)1. 1. Used or reused as ingredients in an industrial process to make a product, provided the materials are not being reclaimed.
NR 661.02(5)(a)2. 2. Used or reused as effective substitutes for commercial products.
NR 661.02(5)(a)3. 3. Returned to the original process from which they are generated, without first being reclaimed or land disposed. The material must be returned as a substitute for feedstock materials. In cases where the original process to which the material is returned is a secondary process, the materials must be managed such that there is no placement on the land. In cases where the materials are generated and reclaimed within the primary mineral processing industry, the conditions of the exclusion found at s. NR 661.04 (1) (q) apply rather than this subsection.
NR 661.02(5)(b) (b) All of the following materials are solid wastes, even if the recycling involves use, reuse or return to the original process (described in par. (a) 1. to 3.):
NR 661.02(5)(b)1. 1. Materials used in a manner constituting disposal, or used to produce products that are applied to the land.
NR 661.02(5)(b)2. 2. Materials burned for energy recovery, used to produce a fuel or contained in fuels.
NR 661.02(5)(b)3. 3. Materials accumulated speculatively.
NR 661.02(5)(b)4. 4. Materials listed in sub. (4) (a) and (b).
NR 661.02(6) (6) Respondents in actions to enforce ch. 291, Stats., and chs. NR 660 to 673 who raise a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, shall demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In doing so, they shall provide appropriate documentation (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste, or is exempt from regulation. In addition, owners or operators of facilities claiming that they actually are recycling materials shall show that they have the necessary equipment to do so.
NR 661.02 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; corrections in (4) (b) 2., (c) 1. b. made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.
NR 661.03 NR 661.03Definition of hazardous waste.
NR 661.03(1) (1) A solid waste, as defined in s. NR 661.02, is a hazardous waste if all of the following apply:
NR 661.03(1)(a) (a) It is not excluded from regulation as a hazardous waste under s. NR 661.04 (2).
NR 661.03(1)(b) (b) It meets any of the following criteria:
NR 661.03(1)(b)1. 1. It exhibits any of the characteristics of hazardous waste identified in subch. C. However, any mixture of a waste from the extraction, beneficiation and processing of ores and minerals excluded under s. NR 661.04 (2) (g) and any other solid waste exhibiting a characteristic of hazardous waste under subch. C is a hazardous waste only if it exhibits a characteristic that would not have been exhibited by the excluded waste alone if the mixture had not occurred, or if it continues to exhibit any of the characteristics exhibited by the non-excluded wastes prior to mixture. Further, for the purposes of applying the toxicity characteristic to these mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant listed in table 2 that would not have been exceeded by the excluded waste alone if the mixture had not occurred or if it continues to exceed the maximum concentration for any contaminant exceeded by the nonexempt waste prior to mixture.
NR 661.03(1)(b)2. 2. It is listed in subch. D and has not been excluded from the lists in subch. D under ss. NR 660.20 and 660.22.
NR 661.03(1)(b)4. 4. It is a mixture of solid waste and one or more hazardous wastes listed in subch. D and has not been excluded from this paragraph under ss. NR 660.20 and 660.22, or sub. (7) or (8); however, the following mixtures of solid wastes and hazardous wastes listed in subch. D are not hazardous wastes (except by application of subd. 1. or 2.) if the generator can demonstrate that the mixture consists of wastewater the discharge of which is subject to regulation under s. 283.21 (2), 283.31 or 283.33, Stats., (including wastewater at facilities which have eliminated the discharge of wastewater) and one of the following:
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.