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.
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 the test method specified in NACE (national association of corrosion engineers) Standard TM-01-69 as standardized 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.
NR 661.23
NR 661.23
Reactivity 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)(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(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(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 
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.
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 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 661.31
Hazardous wastes from non-specific sources. 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.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 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 661.33
NR 661.33
Discarded commercial chemical products, off-specification species, container residues and spill residues thereof. All of the following materials or items are hazardous wastes if and when they are discarded or intended to be discarded as described in
s. NR 661.02 (1) (b) 1., when they are mixed with waste oil or used oil or other material and applied to the land for dust suppression or road treatment, when they are otherwise applied to the land in lieu of their original intended use or when they are contained in products that are applied to the land in lieu of their original intended use, or when, in lieu of their original intended use, they are produced for use as (or as a component of) a fuel, distributed for use as a fuel or burned as a fuel:
NR 661.33(1)
(1) Any commercial chemical product, or manufacturing chemical intermediate having the generic name listed in
sub. (5) or
(6).
NR 661.33(2)
(2) Any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in
sub. (5) or
(6).
NR 661.33(3)
(3) Any residue remaining in a container or in an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name listed in
sub. (5) or
(6), unless the container is empty as defined in
s. NR 661.07 (2).
NR 661.33 Note
Note: Unless the residue is being beneficially used or reused, or legitimately recycled or reclaimed; or being accumulated, stored, transported or treated prior to its use, re-use, recycling or reclamation, the department considers the residue to be intended for discard, and thus, a hazardous waste. An example of a legitimate re-use of the residue would be where the residue remains in the container and the container is used to hold the same commercial chemical product or manufacturing chemical intermediate it previously held. An example of the discard of the residue would be where the drum is sent to a drum reconditioner who reconditions the drum but discards the residue.
NR 661.33(4)
(4) Any residue or contaminated soil, water or other debris resulting from the cleanup of a spill into or on any land or water of any commercial chemical product or manufacturing chemical intermediate having the generic name listed in
sub. (5) or
(6), or any residue or contaminated soil, water or other debris resulting from the cleanup of a spill, into or on any land or water, of any off-specification chemical product and manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in
sub. (5) or
(6).
NR 661.33 Note
Note: The phrase "commercial chemical product or manufacturing chemical intermediate having the generic name listed in …" refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed and all formulations in which the chemical is the sole active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in sub. (5) or (6). Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in sub. (5) or (6), the waste will be listed in either s.
NR 661.31 or
661.32 or will be identified as a hazardous waste by the characteristics in subch. C.
NR 661.33(5)
(5) The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products or manufacturing chemical intermediates referred to in
subs. (1) to
(4), are identified as acute hazardous wastes (H) and are subject to the small quantity exclusion defined in
s. NR 662.220 (5).
NR 661.33 Note
Note: For the convenience of the regulated community the primary hazardous properties of these materials have been indicated by the letters T (toxicity), and R (reactivity). Absence of a letter indicates the compound is only listed for acute toxicity.
These wastes and their corresponding EPA hazardous waste numbers are:
-
See PDF for table
1 CAS number given for parent compound only.
NR 661.33(6)
(6) The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products referred to in
subs. (1) to
(4), are identified as toxic wastes (T), unless otherwise designated and are subject to the small quantity generator exclusion defined in
s. NR 662.220 (1).
NR 661.33 Note
Note: For the convenience of the regulated community, the primary hazardous properties of these materials have been indicated by the letters T (toxicity), R (reactivity), I (ignitability) and C (corrosivity). Absence of a letter indicates that the compound is only listed for toxicity.
