NR 661.09 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (3) Register July 2017 No. 739, eff. 8-1-17.
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 661.10Criteria 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 661.11Criteria 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)1. 1. The nature of the toxicity presented by the constituent.
NR 661.11(1)(c)2. 2. The concentration of the constituent in the waste.
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(1)(c)11. 11. Such other factors as may be appropriate.
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.
subch. C of ch. NR 661 Subchapter C — Characteristics of Hazardous Waste
NR 661.20 NR 661.20General.
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 661.21Ignitability 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 percent 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).
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(1)(d) (d) It is an oxidizer as defined in 49 CFR 173.127(a).
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; CR 16-007: am. (1) (a) Register July 2017 No. 739, eff. 8-1-17.
NR 661.22 NR 661.22Corrosivity characteristic.
NR 661.22(1) (1) A solid waste exhibits the corrosivity characteristic if a representative sample of the waste has either 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 9040C in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA SW-846, incorporated by reference in s. NR 660.11.
NR 661.22(1)(b) (b) It is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55°C (130°F) as determined by Method 1110A in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA SW-846, incorporated by reference in s. NR 660.11.
NR 661.22(2) (2) A solid waste that exhibits the corrosivity characteristic has the EPA hazardous waste number D002.
NR 661.22 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) Register July 2017 No. 739, eff. 8-1-17.
NR 661.23 NR 661.23Reactivity characteristic.
NR 661.23(1) (1) A solid waste exhibits the reactivity characteristic if a representative sample of the waste has any of the following properties:
NR 661.23(1)(a) (a) It is normally unstable and readily undergoes violent change without detonating.
NR 661.23(1)(b) (b) It reacts violently with water.
NR 661.23(1)(c) (c) It forms potentially explosive mixtures with water.
NR 661.23(1)(d) (d) When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
NR 661.23(1)(e) (e) It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
NR 661.23(1)(f) (f) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.
NR 661.23(1)(g) (g) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.
NR 661.23(1)(h) (h) It is a forbidden explosive as defined in 49 CFR 173.54, or would have been a Class A or Class B explosive as defined in 49 CFR 173.52 and 173.53.
NR 661.23(2) (2) A solid waste that exhibits the reactivity characteristic has the EPA hazardous waste number D003.
NR 661.23 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 661.24 NR 661.24Toxicity characteristic.
NR 661.24(1) (1) A solid waste (except manufactured gas plant waste) exhibits the toxicity characteristic if, using the toxicity characteristic leaching procedure, Method 1311 in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA SW-846, incorporated by reference in s. NR 660.11, the extract from a representative sample of the waste contains any of the contaminants listed in Table 2 at the concentration equal to or greater than the respective value given in that table. Where the waste contains less than 0.5% filterable solids, the waste itself, after filtering using the methodology outlined in Method 1311, is considered to be the extract for the purpose of this section.
NR 661.24(2) (2) A solid waste that exhibits the toxicity characteristic has the EPA hazardous waste number specified in Table 2 which corresponds to the toxic contaminant causing it to be hazardous.
Table 2
Maximum Concentration of Contaminants
for the Toxicity Characteristic - See PDF for table PDF
1 Hazardous waste number.
2 Chemical abstracts service number.
3 Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory level.
4 If o-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory level of total cresol is 200 mg/L.
NR 661.24 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
subch. D of ch. NR 661 Subchapter D Lists of Hazardous Wastes
NR 661.30 NR 661.30General.
NR 661.30(1) (1) A solid waste is a hazardous waste if it is listed in this subchapter, unless it has been excluded from this list under ss. NR 660.20 and 660.22.
NR 661.30(2) (2) The department will indicate the basis for listing the classes or types of wastes listed in this subchapter by employing one or more of the following hazard codes: - See PDF for table PDF
Ch. NR 661 Appendix VII identifies the constituent which caused the department to list the waste as a toxicity characteristic waste (E) or toxic waste (T) in ss. NR 661.31 and 661.32.
NR 661.30(3) (3) Each hazardous waste listed in this subchapter is assigned an EPA hazardous waste number which precedes the name of the waste. This number shall be used in complying with s. NR 660.07 and certain recordkeeping and reporting requirements under chs. NR 662 to 665, 668 and 670.
NR 661.30(4) (4) The following hazardous wastes listed in s. NR 661.31 or 661.32 are subject to the exclusion limits for acutely hazardous wastes established in s. NR 662.220: EPA hazardous waste numbers F020, F021, F022, F023, F026 and F027.
NR 661.30 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.
NR 661.31 NR 661.31Hazardous wastes from non-specific sources.
NR 661.31(1)(1) Listed hazardous wastes from non-specific sources. The following solid wastes are listed hazardous wastes from non-specific sources unless they are excluded under ss. NR 660.20 and 660.22 and listed in 40 CFR part 261, appendix IX: - See PDF for table PDF
NR 661.31(2) (2)Listing specific definitions.
NR 661.31(2)(b)1.1. For the purposes of the F037 and F038 listings, aggressive biological treatment units are defined as units which employ one of the following 4 treatment methods: activated sludge; trickling filter; rotating biological contactor for the continuous accelerated biological oxidation of wastewaters or high-rate aeration. High-rate aeration is a system of surface impoundments or tanks, in which intense mechanical aeration is used to completely mix the wastes, enhance biological activity, and the units employ a minimum of 6 hp per million gallons of treatment volume; and meet one of the following:
NR 661.31(2)(b)1.a. a. The hydraulic retention time of the unit is no longer than 5 days.
NR 661.31(2)(b)1.b. b. The hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the toxicity characteristic.
NR 661.31(2)(b)2. 2. Generators and treatment, storage and disposal facilities have the burden of proving that their sludges are exempt from listing as F037 and F038 wastes under this definition. Generators and treatment, storage and disposal facilities shall maintain, in their operating or other onsite records, documents and data sufficient to prove all of the following:
NR 661.31(2)(b)2.a. a. The unit is an aggressive biological treatment unit as defined in this subsection.
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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.