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 661.02
Definition of solid waste. NR 661.02(1)(b)
(b) A discarded material is any material which is one of the following:
NR 661.02(2)
(2) Materials are solid waste if they are abandoned by being one of the following:
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)1.1. Materials noted with a "*" in column 1 of Table 1 are solid wastes when they are:
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)1.1. Materials noted with a "*" in column 2 of Table 1 are solid wastes when they are:
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.
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)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.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(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 661.03
Definition 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)(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)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:
NR 661.03(1)(b)4.a.
a. One or more of the following solvents listed in
s. NR 661.31: carbon tetrachloride, tetrachloroethylene, trichloroethylene; if the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system does not exceed one part per million.
NR 661.03(1)(b)4.b.
b. One or more of the following spent solvents listed in
s. NR 661.31: methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents; if the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system does not exceed 25 parts per million.
NR 661.03(1)(b)4.c.
c. One of the following wastes listed in
s. NR 661.32, if the wastes are discharged to the refinery oil recovery sewer before primary oil, water or solids separation: heat exchanger bundle cleaning sludge from the petroleum refining industry (EPA hazardous waste number K050), crude oil storage tank sediment from petroleum refining operations (EPA hazardous waste number K169), clarified slurry oil tank sediment or in-line filter or separation solids from petroleum refining operations (EPA hazardous waste number K170), spent hydrotreating catalyst (EPA hazardous waste number K171) and spent hydrorefining catalyst (EPA hazardous waste number K172).
NR 661.03(1)(b)4.d.
d. A discarded commercial chemical product, or chemical intermediate listed in
s. NR 661.33, arising from de minimis losses of these materials from manufacturing operations in which these materials are used as raw materials or are produced in the manufacturing process. For purposes of this subdivision, de minimis losses include those from normal material handling operations (e.g., spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials); minor leaks of process equipment, storage tanks or containers; leaks from well maintained pump packings and seals; sample purgings; relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; and rinsate from empty containers or from containers that are rendered empty by that rinsing.
NR 661.03(1)(b)4.e.
e. Wastewater resulting from laboratory operations containing toxic (T) wastes listed in subch.
D if the annualized average flow of laboratory wastewater does not exceed one percent of total wastewater flow into the headworks of the facility's wastewater treatment or pre-treatment system, or if the waste's combined annualized average concentration does not exceed one part per million in the headworks of the facility's wastewater treatment or pre-treatment facility. Toxic (T) wastes used in laboratories that are demonstrated not to be discharged to wastewater are not to be included in this calculation.
NR 661.03(1)(b)4.f.
f. One or more of the following wastes listed in
s. NR 661.32: wastewaters from the production of carbamates and carbamoyl oximes (EPA hazardous waste number K157), if the maximum weekly usage of formaldehyde, methyl chloride, methylene chloride and triethylamine (including all amounts that can not be demonstrated to be reacted in the process, destroyed through treatment, or is recovered, i.e., what is discharged or volatilized) divided by the average weekly flow of process wastewater prior to any dilutions into the headworks of the facility's wastewater treatment system does not exceed a total of 5 parts per million by weight.
NR 661.03(1)(b)4.g.
g. Wastewaters derived from the treatment of one or more of the following wastes listed in
s. NR 661.32: organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates and decantates) from the production of carbamates and carbamoyl oximes (EPA hazardous waste number K156), if the maximum concentration of formaldehyde, methyl chloride, methylene chloride and triethylamine prior to any dilutions into the headworks of the facility's wastewater treatment system does not exceed a total of 5 milligrams per liter.
NR 661.03(1)(b)5.
5. Used oil containing more than 1000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in subch.
D. Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from EPA SW-846, incorporated by reference in
s. NR 660.11, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in
ch. NR 661 Appendix VIII).
NR 661.03(1)(b)5.a.
a. The rebuttable presumption does not apply to metalworking oils or fluids containing chlorinated paraffins, if they are processed, through a tolling agreement, to reclaim metalworking oils or fluids. The presumption does apply to metalworking oils or fluids if the oils or fluids are recycled in any other manner, or disposed.
NR 661.03(1)(b)5.b.
b. The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.
NR 661.03(2)
(2) A solid waste which is not excluded from regulation under
sub. (1) (a) becomes a hazardous waste when any of the following events occur:
NR 661.03(2)(a)
(a) In the case of a waste listed in subch.
D, when the waste first meets the listing description set forth in subch.
D.
NR 661.03(2)(b)
(b) In the case of a mixture of solid waste and one or more listed hazardous wastes, when a hazardous waste listed in subch.
D is first added to the solid waste.
NR 661.03(2)(c)
(c) In the case of any other waste (including a waste mixture), when the waste exhibits any of the characteristics identified in subch.
C.
NR 661.03(3)(b)1.1. Except as otherwise provided in
subd. 2. or
sub. (7) or
(8), any solid waste generated from the treatment, storage or disposal of a hazardous waste, including any sludge, spill residue, ash, emission control dust or leachate (but not including precipitation run-off) is a hazardous waste. (However, materials that are reclaimed from solid wastes and that are used beneficially are not solid wastes and hence are not hazardous wastes under this subdivision unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal.)
NR 661.03(3)(b)2.
2. All of the following solid wastes are not hazardous even though they are generated from the treatment, storage or disposal of a hazardous waste, unless they exhibit one or more of the characteristics of hazardous waste:
NR 661.03(3)(b)2.a.
a. Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry (standard industrial classification (SIC) codes 331 and 332).
NR 661.03(3)(b)2.c.
c. 1) Nonwastewater residues, such as slag, resulting from high temperature metals recovery (HTMR) processing of K061, K062 or F006 waste, in units identified as rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace or electric furnace combinations or industrial furnaces (as defined in the definition for industrial furnace in
s. NR 660.10 (60) (f),
(g) and
(m)), that are disposed in approved solid waste disposal facilities, if these residues meet the generic exclusion levels identified in the following tables for all constituents, and exhibit no characteristics of hazardous waste. Testing requirements shall be incorporated in a facility's waste analysis plan or a generator's self-implementing waste analysis plan; at a minimum, composite samples of residues shall be collected and analyzed quarterly or when the process or operation generating the waste changes. Persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements.
-
See PDF for table 
2) A one-time notification and certification shall be placed in the facility's files and sent to the department for K061, K062 or F006 HTMR residues that meet the generic exclusion levels for all constituents and do not exhibit any characteristics that are sent to approved solid waste disposal facilities. The notification and certification that is placed in the generators or treaters files shall be updated if the process or operation generating the waste changes or if the approved solid waste disposal facility receiving the waste changes. However, the generator or treater need only notify the department on an annual basis if those changes occur. The notification and certification shall be sent to the department by the end of the calendar year, but no later than December 31. The notification shall include the following information: the name and address of the approved solid waste disposal facility receiving the waste shipments; the EPA hazardous waste numbers and treatability groups at the initial point of generation; and the treatment standards applicable to the waste at the initial point of generation. The certification shall be signed by an authorized representative and shall state as follows: "I certify under penalty of law that the generic exclusion levels for all constituents have been met without impermissible dilution and that no characteristic of hazardous waste is exhibited. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."
NR 661.03(3)(b)2.d.
d. Biological treatment sludge from the treatment of one of the following wastes listed in
s. NR 661.32: organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates and decantates) from the production of carbamates and carbamoyl oximes (EPA hazardous waste number K156), and wastewaters from the production of carbamates and carbamoyl oximes (EPA hazardous waste number K157).
NR 661.03(3)(b)2.e.
e. Catalyst inert support media separated from one of the following wastes listed in
s. NR 661.32: spent hydrotreating catalyst (EPA hazardous waste number K171), and spent hydrorefining catalyst (EPA hazardous waste number K172).
NR 661.03(4)
(4) Any solid waste described in
sub. (3) is not a hazardous waste if it meets the following criteria:
