NR 661.04(2)(f)2.f.
f. Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish and through-the-blue.
NR 661.04(2)(f)2.g.
g. Waste scrap leather from the leather tanning industry, the shoe manufacturing industry and other leather product manufacturing industries.
NR 661.04(2)(f)2.h.
h. Wastewater treatment sludges from the production of TiO2 pigment using chromium-bearing ores by the chloride process.
NR 661.04(2)(g)
(g) Solid waste from the extraction, beneficiation and processing of ores and minerals (including coal, phosphate rock and overburden from the mining of uranium ore), except as provided by
s. NR 666.112 for facilities that burn or process hazardous waste.
NR 661.04(2)(g)1.
1. For purposes of this paragraph beneficiation of ores and minerals is restricted to the following activities: crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briquetting; calcining to remove water or carbon dioxide; roasting, autoclaving, or chlorination in preparation for leaching (except where the roasting (or autoclaving or chlorination)or leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing); gravity concentration; magnetic separation; electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank and in situ leaching.
NR 661.04(2)(g)2.
2. For the purposes of this paragraph, solid waste from the processing of ores and minerals includes only the following wastes as generated:
NR 661.04(2)(g)2.h.
h. Calcium sulfate wastewater treatment plant sludge from primary copper processing.
NR 661.04(2)(g)2.o.
o. Process wastewater from primary magnesium processing by the anhydrous process.
NR 661.04(2)(g)2.q.
q. Basic oxygen furnace and open hearth furnace air pollution control dust or sludge from carbon steel production.
NR 661.04(2)(g)2.r.
r. Basic oxygen furnace and open hearth furnace slag from carbon steel production.
NR 661.04(2)(g)3.
3. A residue derived from co-processing mineral processing secondary materials with normal beneficiation raw materials or with normal mineral processing raw materials remains excluded under
sub. (2) if the owner or operator does all of the following:
NR 661.04(2)(g)3.a.
a. Processes at least 50% by weight normal beneficiation raw materials or normal mineral processing raw materials.
NR 661.04(2)(h)
(h) Cement kiln dust waste, except as provided by
s. NR 666.112 for facilities that burn or process hazardous waste.
NR 661.04(2)(i)
(i) Solid waste which consists of discarded arsenical-treated wood or wood products which fails the test for the toxicity characteristic for hazardous waste codes D004 to D017 and which is not a hazardous waste for any other reason if the waste is generated by persons who utilize the arsenical-treated wood and wood product for the intended end use of these materials.
NR 661.04(2)(j)
(j) Petroleum-contaminated media and debris that fail the test for the toxicity characteristic of
s. NR 661.24 for any of the hazardous waste codes D018 to D043 only, and are subject to the corrective action rules under
chs. SPS 310 and
NR 706.
NR 661.04(2)(L)
(L) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use.
NR 661.04(2)(m)
(m) Non-terne plated used oil filters that are not mixed with wastes listed in subch.
D if these oil filters have been gravity hot-drained using one of the following methods:
NR 661.04(2)(m)1.
1. Puncturing the filter anti-drain back valve or the filter dome end and hot-draining.
NR 661.04(2)(m)4.
4. Any other equivalent hot-draining method that will remove used oil.
NR 661.04(2)(n)
(n) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products.
NR 661.04(2)(o)
(o) Leachate or gas condensate collected from landfills where certain solid wastes have been disposed, provided that all of the following are met:
NR 661.04(2)(o)1.
1. The solid wastes disposed would meet one or more of the listing descriptions for hazardous waste codes K169, K170, K171, K172, K174, K175, K176, K177 and K178, if these wastes had been generated after August 1, 2006.
NR 661.04(2)(o)2.
2. The solid wastes described in
subd. 1. were disposed prior to August 1, 2006.
NR 661.04(2)(o)3.
3. The leachate or gas condensate do not exhibit any characteristic of hazardous waste nor are derived from any other listed hazardous waste.
NR 661.04(2)(o)4.
4. Discharge of the leachate or gas condensate, including leachate or gas condensate transferred from the landfill to a POTW by truck, rail or dedicated pipe, is subject to regulation under s.
283.21 (2),
283.31 or
283.33, Stats.
NR 661.04(2)(o)5.
5. After August 1, 2006, leachate or gas condensate derived from K169 to K172 is no longer exempt if it is stored or managed in a surface impoundment prior to discharge. After August 1, 2006, leachate or gas condensate derived from K176, K177 and K178 will no longer be exempt if it is stored or managed in a surface impoundment prior to discharge. There is one exception: if the surface impoundment is used to temporarily store leachate or gas condensate in response to an emergency situation (e.g., shutdown of wastewater treatment system), provided the impoundment has a double liner, and provided the leachate or gas condensate is removed from the impoundment and continues to be managed in compliance with the conditions of this subdivision after the emergency ends.
NR 661.04(3)
(3) Hazardous wastes which are exempted from certain rules. A hazardous waste which is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated non-waste-treatment-manufacturing unit, is not subject to regulation under
chs. NR 662 to
665,
668 and
670 or to the notification requirements of
s. NR 660.07 until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials.
NR 661.04(4)(a)(a) Except as provided in
par. (b), a sample of solid waste or a sample of water, soil or air, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to this chapter,
chs. NR 662 to
670 or the notification requirements of
s. NR 660.07, when one of the following occurs:
NR 661.04(4)(a)1.
1. The sample is being transported to a laboratory for the purpose of testing.
NR 661.04(4)(a)2.
2. The sample is being transported back to the sample collector after testing.
NR 661.04(4)(a)3.
3. The sample is being stored by the sample collector before transport to a laboratory for testing.
NR 661.04(4)(a)5.
5. The sample is being stored in a laboratory after testing but before it is returned to the sample collector.
NR 661.04(4)(a)6.
6. The sample is being stored temporarily in the laboratory after testing for a specific purpose (for example, until conclusion of a court case or enforcement action where further testing of the sample may be necessary).
NR 661.04(4)(b)
(b) In order to qualify for the exemption in
par. (a) 1. and
2., a sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector shall do one of the following:
NR 661.04(4)(b)1.
1. Comply with U.S. department of transportation (DOT), U.S. postal service (USPS) or any other applicable shipping requirements.
NR 661.04(4)(b)2.
2. Comply with all of the following requirements if the sample collector determines that DOT, USPS or other shipping requirements do not apply to the shipment of the sample:
1) The sample collector's name, mailing address and telephone number.
2) The laboratory's name, mailing address and telephone number.
3) The quantity of the sample.
4) The date of shipment.
5) A description of the sample.
NR 661.04(4)(b)2.b.
b. Package the sample so that it does not leak, spill or vaporize from its packaging.
NR 661.04(4)(c)
(c) This exemption does not apply if the laboratory determines that the waste is hazardous and the laboratory is no longer meeting any of the conditions in
par. (a).
NR 661.04(5)(a)(a) Except as provided in
par. (b), persons who generate or collect samples for the purpose of conducting treatability studies as defined in
s. NR 660.10, are not subject to
chs. NR 661 to
663 or to the notification requirements of
s. NR 660.07, nor are the samples included in the quantity determinations of
ss. NR 662.192 (1) and
662.220 when one of the following applies:
NR 661.04(5)(a)1.
1. The sample is being collected and prepared for transportation by the generator or sample collector.
NR 661.04(5)(a)2.
2. The sample is being accumulated or stored by the generator or sample collector prior to transportation to a laboratory or testing facility.
NR 661.04(5)(a)3.
3. The sample is being transported to the laboratory or testing facility for the purpose of conducting a treatability study.
NR 661.04(5)(b)
(b) The exemption in
par. (a) is applicable to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies if all of the following apply:
NR 661.04(5)(b)1.
1. The generator or sample collector uses (in "treatability studies") no more than 10,000 kg of media contaminated with non-acute hazardous waste, 1000 kg of non-acute hazardous waste other than contaminated media, 1 kg of acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste for each process being evaluated for each generated waste stream.
NR 661.04(5)(b)2.
2. The mass of each sample shipment does not exceed 10,000 kg; the 10,000 kg quantity may be all media contaminated with non-acute hazardous waste, or may include 2500 kg of media contaminated with acute hazardous waste, 1000 kg of hazardous waste and 1 kg of acute hazardous waste.
NR 661.04(5)(b)3.
3. The sample shall be packaged so that it will not leak, spill or vaporize from its packaging during shipment and one of the following requirements is met:
NR 661.04(5)(b)3.a.
a. The transportation of each sample shipment complies with U.S. department of transportation (DOT), U.S. postal service (USPS) or any other applicable shipping requirements.
NR 661.04(5)(b)3.b.
b. If the DOT, USPS or other shipping requirements do not apply to the shipment of the sample, all of the following information shall accompany the sample:
1) The name, mailing address and telephone number of the originator of the sample.
2) The name, address and telephone number of the facility that will perform the treatability study.
3) The quantity of the sample.
4) The date of shipment.
5) A description of the sample, including its EPA hazardous waste number.
NR 661.04(5)(b)4.
4. The sample is shipped to a laboratory or testing facility which is exempt under
s. NR 661.04 (6) or has an appropriate RCRA permit or interim status, or hazardous waste license under s.
291.25, Stats.
NR 661.04(5)(b)5.
5. The generator or sample collector maintains all of the following records for a period ending 3 years after completion of the treatability study:
NR 661.04(5)(b)5.b.
b. A copy of the contract with the facility conducting the treatability study.
1) The amount of waste shipped under this exemption.
2) The name, address and EPA identification number of the laboratory or testing facility that received the waste.
3) The date the shipment was made.
