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.
NR 661.31(2)(b)2.b. b. The sludges sought to be exempted from the definitions of F037 or F038 were actually generated in the aggressive biological treatment unit.
NR 661.31(2)(c)1.1. For the purposes of the F037 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement.
NR 661.31(2)(c)2. 2. For the purposes of the F038 listing, all of the following apply:
NR 661.31(2)(c)2.a. a. Sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement.
NR 661.31(2)(c)2.b. b. Floats are considered to be generated at the moment they are formed in the top of the unit.
NR 661.31 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 661.32 NR 661.32Hazardous wastes from specific sources.
NR 661.32(1)(1)Listed hazardous waste from specific sources. The following solid wastes are listed hazardous wastes from 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 661.32(2) (2)Listing specific definitions. For the purposes of the K181 listing under sub. (3), dyes or pigments production is defined to include manufacture of the following product classes: dyes, pigments, or FDA certified colors that are classified as azo, triarylmethane, perylene, or oranthraquinone classes. Azo products include azo, monoazo, diazo, triazo, polyazo, azoic, benzidine, and pyrazolone products. Triarylmethane products include both triarylmethane and triphenylmethane products. Wastes that are not generated at a dyes or pigments manufacturing site, such as wastes from the offsite use, formulation, and packaging of dyes or pigments, are not included in the K181 listing.
NR 661.32(3) (3)K181 listing levels. Nonwastewaters containing constituents in amounts equal to or exceeding the following levels during any calendar year are subject to the K181 listing, unless the conditions in the K181 listing are met: - See PDF for table PDF
NR 661.32(4) (4)Procedures for demonstrating that dyes or pigment nonwastewaters are not K181. The procedures described in pars. (a) to (c) and (e) establish when nonwastewaters from the production of dyes and pigments would not be hazardous. These procedures apply to wastes that are not disposed in landfill units or treated in combustion units as specified in sub. (1). If the nonwastewaters are disposed in landfill units or treated in combustion units as described in sub. (1), then the nonwastewaters are not hazardous. In order to demonstrate that it is meeting the landfill disposal or combustion conditions contained in the K181 listing description, the generator shall maintain documentation as described in par. (d).
NR 661.32(4)(a) (a) Determination based on no K181constituents. Generators that have knowledge (for example, knowledge of constituents in wastes based on prior sampling and analysis data or information about raw materials used, production processes used, and reaction and degradation products formed) that their wastes contain none of the K181 constituents listed in sub. (3) can use their knowledge to determine that their waste is not K181. The generator shall document the basis for all K181 waste determinations on an annual basis and keep each annual documentation for three years.
NR 661.32(4)(b) (b) Determination for generated quantities of 1,000 metric tons per year or less for wastes that contain K181 constituents. If the total annual quantity of dyes or pigment nonwastewaters generated is 1,000 metric tons or less, the generator may use knowledge of the wastes (for example, knowledge of constituents in wastes based on prior analytical data or information about raw materials used, production processes used, and reaction and degradation products formed) to conclude that annual mass loadings for the K181 constituents are below the listing levels of sub. (3). To make this determination, the generator shall do all of the following:
NR 661.32(4)(b)1. 1. Each year document the basis for determining that the annual quantity of nonwastewaters expected to be generated will be less than 1,000 metric tons.
NR 661.32(4)(b)2. 2. Track the actual quantity of nonwastewaters generated from January 1 through December 31 of each year. If, at any time within the year, the actual waste quantity exceeds 1,000 metric tons, the generator shall comply with the requirements of par. (c) for the remainder of the year.
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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.