NR 661.06(1)(c)3.
3. Fuels produced from the refining of oil-bearing hazardous waste along with normal process streams at a petroleum refining facility if the wastes result from normal petroleum refining, production and transportation practices (this exemption does not apply to fuels produced from oil recovered from oil-bearing hazardous waste, where the recovered oil is already excluded under
s. NR 661.04 (1) (L)).
NR 661.06(1)(c)4.a.
a. Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production or transportation practices, or produced from oil reclaimed from the hazardous wastes, where the hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil so long as the resulting fuel meets the used oil specification under
s. NR 679.11 and so long as no other hazardous wastes are used to produce the hazardous waste fuel.
NR 661.06(1)(c)4.b.
b. Hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining production, and transportation practices, where the hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, so long as the fuel meets the used oil fuel specification under
s. NR 679.11.
NR 661.06(1)(c)4.c.
c. Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production and transportation practices, which reclaimed oil is burned as a fuel without reintroduction to a refining process, so long as the reclaimed oil meets the used oil fuel specification under
s. NR 679.11.
NR 661.06(1)(d)
(d) Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic is not subject to
chs. NR 660 to
668, but is regulated under
ch. NR 679. Used oil that is recycled includes any used oil which is reused, following its original use, for any purpose (including the purpose for which the oil was originally used). This term includes, but is not limited to, oil which is re-refined, reclaimed, burned for energy recovery or reprocessed.
NR 661.06(1)(e)
(e) Hazardous waste that is exported to or imported from designated member countries of the Organization for Economic Cooperation and Development (OECD) (as defined in
s. NR 662.058 (1) (a)) for purpose of recovery is subject to subch.
H of ch. NR 662 if it is subject to either the manifesting requirements of
ch. NR 662 or to the universal waste management standards of
ch. NR 673.
NR 661.06(2)
(2) Generators and transporters of recyclable materials are subject to the applicable requirements of
chs. NR 662 and
663 and the notification requirements under
s. NR 660.07, except as provided in
sub. (1).
NR 661.06(3)(a)(a) Owners and operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of subchs.
A to
L,
AA,
BB and
CC of ch. NR 664 and subchs.
A to
L,
AA,
BB and
CC of ch. NR 665, and under
chs. NR 666 to
670 and
s. NR 660.07, except as provided in
sub. (1). (The recycling process itself is exempt from regulation except as provided in
sub. (4).)
NR 661.06(3)(b)
(b) Owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to all of the following requirements, except as provided in
sub. (1):
NR 661.06 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06; correction in (1) (b) (intro.) made under s.
13.92 (4) (b) 7., Stats.,
Register February 2012 No. 674; corrections in (1) (b) 2., (3) (a), (4) made under s.
13.92 (4) (b) 7., Stats.,
Register March 2013 No. 687.
NR 661.07
NR 661.07
Residues of hazardous waste in empty containers. NR 661.07(1)(a)
(a) Any hazardous waste remaining in either an empty container or an inner liner removed from an empty container, as defined in
sub. (2), is not subject to this chapter,
chs. NR 662 to
665,
668 or
670, or
s. NR 660.07.
NR 661.07(1)(b)
(b) Any hazardous waste in either a container that is not empty or an inner liner removed from a container that is not empty, as defined in
sub. (2), is subject to this chapter,
chs. NR 662 to
665,
668 and
670 and
s. NR 660.07.
NR 661.07(2)(a)(a) A container or an inner liner removed from a container that has held any hazardous waste, except a waste that is a compressed gas or that is identified as an acute hazardous waste listed in
s. NR 661.31,
661.32 or
661.33 (5) is empty if
subds. 1. and
2. or
3. are met:
NR 661.07(2)(a)1.
1. All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, e.g., pouring, pumping and aspirating.
NR 661.07(2)(a)2.
2. No more than 2.5 centimeters (one inch) of residue remain on the bottom of the container or inner liner.
NR 661.07(2)(a)3.a.
a. No more than 3% by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to 119 gallons in size.
NR 661.07(2)(a)3.b.
b. No more than 0.3% by weight of the total capacity of the container remains in the container or inner liner if the container is greater than 119 gallons in size.
NR 661.07(2)(b)
(b) A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric.
NR 661.07(2)(c)
(c) A container or an inner liner removed from a container that has held an acute hazardous waste listed in
s. NR 661.31,
661.32 or
661.33 (5) is empty if any of the following are met:
NR 661.07(2)(c)1.
1. The container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate.
NR 661.07(2)(c)2.
2. The container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal.
NR 661.07(2)(c)3.
3. In the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed.
NR 661.07 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 06-102: am. (2) (a) 3. a. and b.
Register March 2007 No. 615, eff. 4-1-07.
NR 661.08
NR 661.08
PCB wastes regulated under federal toxic substances control act. The disposal of PCB-containing dielectric fluid and electric equipment containing that fluid authorized for use and regulated under
40 CFR part 761 and that are hazardous only because they fail the test for the toxicity characteristic (hazardous waste codes D018 to D043 only) are exempt from this chapter,
chs. NR 662 to
665,
668 and
670 and
s. NR 660.07.
NR 661.08 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 661.09
NR 661.09
Requirements for universal waste. The wastes listed in this section are exempt from
chs. NR 662 to
670 except as specified in
ch. NR 673 and, therefore are not fully regulated as hazardous waste. All of the following wastes are subject to
ch. NR 673:
NR 661.09 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
subch. B of ch. NR 661
Subchapter B — Criteria for Identifying the Characteristics of Hazardous Waste and for Listing Hazardous Waste
NR 661.10
NR 661.10
Criteria for identifying the characteristics of hazardous waste. The department shall identify and define a characteristic of hazardous waste in subch.
C only upon determining that all of the following are met:
NR 661.10(1)
(1) A solid waste that exhibits the characteristic may do any of the following:
NR 661.10(1)(a)
(a) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.
NR 661.10(1)(b)
(b) Pose a substantial present or potential hazard to human health or the environment when it is improperly treated, stored, transported, disposed of or otherwise managed.
NR 661.10(2)
(2) The characteristic can be any of the following:
NR 661.10(2)(a)
(a) Measured by an available standardized test method which is reasonably within the capability of generators of solid waste or private sector laboratories that are available to serve generators of solid waste.
NR 661.10(2)(b)
(b) Reasonably detected by generators of solid waste through their knowledge of their waste.
NR 661.10 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 661.11
NR 661.11
Criteria for listing hazardous waste. NR 661.11(1)(1) The department may list a solid waste as a listed hazardous waste upon determining that the solid waste meets one of the following criteria:
NR 661.11(1)(a)
(a) It exhibits any of the characteristics of hazardous waste identified in subch.
C.
NR 661.11(1)(b)
(b) It has been found to be fatal to humans in low doses or, in the absence of data on human toxicity, it has been shown in studies to have an oral lethal dose 50 toxicity measured in rats of less than 50 milligrams per kilogram, an inhalation lethal concentration 50 toxicity measured in rats of less than 2 milligrams per liter, or a dermal lethal dose 50 toxicity measured in rabbits of less than 200 milligrams per kilogram or is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness. (Waste listed in accordance with these criteria will be designated acute hazardous waste.)
NR 661.11(1)(c)
(c) It contains any of the toxic constituents listed in
ch. NR 661 Appendix VIII and, after considering the following factors, the department concludes that the waste is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed:
NR 661.11(1)(c)3.
3. The potential of the constituent or any toxic degradation product of the constituent to migrate from the waste into the environment under the types of improper management considered in
subd. 7.
NR 661.11(1)(c)4.
4. The persistence of the constituent or any toxic degradation product of the constituent.
NR 661.11(1)(c)5.
5. The potential for the constituent or any toxic degradation product of the constituent to degrade into non-harmful constituents and the rate of degradation.
NR 661.11(1)(c)6.
6. The degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems.
NR 661.11(1)(c)7.
7. The plausible types of improper management to which the waste could be subjected.
NR 661.11(1)(c)8.
8. The quantities of the waste generated at individual generation sites or on a regional or national basis.
NR 661.11(1)(c)9.
9. The nature and severity of the human health and environmental damage that has occurred as a result of the improper management of wastes containing the constituent.
NR 661.11(1)(c)10.
10. Action taken by other governmental agencies or regulatory programs based on the health or environmental hazard posed by the waste or waste constituent.
NR 661.11 Note
Note: Substances will be listed in
ch. NR 661
Appendix VIII only if they have been shown in scientific studies to have toxic, carcinogenic, mutagenic or teratogenic effects on humans or other life forms. Wastes listed in accordance with these criteria will be designated toxic wastes.
NR 661.11(2)
(2) The department may list classes or types of solid waste as hazardous waste if there is reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste found in s.
291.01 (7), Stats.
NR 661.11 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 661.20(1)(1) A solid waste, as defined in
s. NR 661.02, which is not excluded from regulation as a hazardous waste under
s. NR 661.04 (2), is a hazardous waste if it exhibits any of the characteristics identified in this subchapter.
NR 661.20 Note
Note: Section
NR 662.011 sets forth the generator's responsibility to determine whether the generator's waste exhibits one or more of the characteristics identified in this subchapter.
NR 661.20(2)
(2) A hazardous waste which is identified by a characteristic in this subchapter is assigned every EPA hazardous waste number that is applicable as set forth in this subchapter. This number shall be used in complying with
s. NR 660.07 and all applicable recordkeeping and reporting requirements under
chs. NR 662 to
665,
668 and
670.
NR 661.20(3)
(3) For purposes of this subchapter, the department will consider a sample obtained using any of the applicable sampling methods specified in
ch. NR 661 Appendix I to be a representative sample within the meaning of
s. NR 660.10.
NR 661.20 Note
Note: Since the ch.
NR 661 Appendix I sampling methods are not being formally adopted by the department, a person who desires to employ an alternative sampling method is not required to demonstrate the equivalency of the alternative method under the procedures set forth in ss.
NR 660.20 and
660.21.
NR 661.20 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06; correction in (3) made under s.
13.92 (4) (b) 7., Stats.,
Register March 2013 No. 687.
NR 661.21
NR 661.21
Ignitability characteristic. NR 661.21(1)
(1) A solid waste exhibits the ignitability characteristic if a representative sample of the waste has any of the following properties:
NR 661.21(1)(a)
(a) It is a liquid, other than an aqueous solution containing less than 24% alcohol by volume, and has a flash point less than 60°C (140°F) as determined by a Pensky-Martens closed cup tester, using the test method specified in ASTM D93-79 or D93-80 (incorporated by reference in
s. NR 660.11), or a Setaflash closed cup tester, using the test method specified in ASTM D3278-78 (incorporated by reference in
s. NR 660.11), or as determined by an equivalent test method approved by the department under procedures set forth in
ss. NR 660.20 and
660.21.
NR 661.21(1)(b)
(b) It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.
NR 661.21(1)(c)
(c) It is a flammable gas as defined in
49 CFR 173.115(a) and as determined by the test methods described in that regulation or equivalent test methods approved by the department under
ss. NR 660.20 and
660.21.
NR 661.21(2)
(2) A solid waste that exhibits the ignitability characteristic has the EPA hazardous waste number D001.
NR 661.21 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 661.22
NR 661.22
Corrosivity characteristic. NR 661.22(1)
(1) A solid waste exhibits the corrosivity characteristic if a representative sample of the waste has any of the following properties:
NR 661.22(1)(a)
(a) It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using Method 9040 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA SW-846, incorporated by reference in
s. NR 660.11.
