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.
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 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 661.35
NR 661.35
Deletion of certain hazardous waste codes following equipment cleaning and replacement. NR 661.35(1)(1) Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 once the generator has met all of the requirements of
subs. (2) and
(3). These wastes may, however, continue to meet another hazardous waste listing description or may exhibit one or more of the hazardous waste characteristics.
NR 661.35(2)
(2) Generators shall either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage or hazardous waste decomposition products to the groundwater, surface water or atmosphere.
NR 661.35(2)(a)
(a)
General requirements. Generators shall do one of the following:
NR 661.35(2)(a)1.
1. Prepare and follow an equipment cleaning plan and clean equipment according to this section.
NR 661.35(2)(a)2.
2. Prepare and follow an equipment replacement plan and replace equipment according to this section.
NR 661.35(2)(a)3.
3. Document cleaning and replacement according to this section, carried out after termination of use of chlorophenolic preservations.
NR 661.35(2)(b)
(b)
Cleaning requirements. Generators shall do all of the following:
NR 661.35(2)(b)1.
1. Prepare and sign a written equipment cleaning plan that describes all of the following:
NR 661.35(2)(b)2.b.
b. Rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse.
NR 661.35(2)(b)3.b.
b. "Not detected" means at or below the lower method calibration limit (MCL) in Method 8290, Table 1.
NR 661.35(2)(c)
(c)
Replacement requirements. Generators shall do all of the following:
NR 661.35(2)(c)1.
1. Prepare and sign a written equipment replacement plan that describes all of the following:
NR 661.35(2)(d)
(d)
Documentation requirements. Generators shall document that previous equipment cleaning or replacement was performed according to this section and occurred after cessation of use of chlorophenolic preservatives.
NR 661.35(3)
(3) The generator shall maintain all of the following records documenting the cleaning and replacement as part of the facility's operating record:
NR 661.35(3)(b)
(b) Formulations previously used and the date on which their use ceased in each process at the plant.
NR 661.35(3)(c)
(c) Formulations currently used in each process at the plant.
NR 661.35(3)(e)
(e) The name and address of any persons who conducted the cleaning and replacement.
NR 661.35(3)(f)
(f) The dates on which cleaning and replacement were accomplished.
NR 661.35(3)(h)
(h) A description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation and chain-of-custody of the samples.
NR 661.35(3)(i)
(i) A description of the tests performed, the date the tests were performed and the results of the tests.
NR 661.35(3)(j)
(j) The name and model numbers of the instruments used in performing the tests.
NR 661.35(3)(L)
(L) The following statement signed by the generator or the generator's authorized representative:
I certify under penalty of law that all process equipment required to be cleaned or replaced under
s. NR 661.35, Wis. Adm. Code was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment.
NR 661.35 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 661.38
NR 661.38
Comparable or syngas fuel exclusion. Wastes that meet the following comparable or syngas fuel requirements are not solid wastes:
NR 661.38(1)(a)1.1. `Heating value.' The heating value shall exceed 5,000 BTU/lbs. (11,500 J/g).
NR 661.38(1)(b)
(b)
Constituent specifications. For compounds listed in Table 3 the specification levels and, where non-detect is the specification, minimum required detection limits are in Table 3.
NR 661.38(2)
(2) Synthesis gas fuel specifications. Synthesis gas fuel (i.e., syngas fuel) that is generated from hazardous waste shall meet all of the following:
NR 661.38(2)(c)
(c) Contain less than 300 ppmv of total nitrogen other than diatomic nitrogen (N2).
Table 3
Detection and Detection Limit Values for Comparable Fuel Specification
-
See PDF for table
NA means not applicable.
ND means nondetect.
1 Twenty-five or individual halogenated organics listed at the end of Table 3.
NR 661.38(3)
(3) Implementation. Waste that meets the comparable or syngas fuel specifications provided by
sub. (1) or
(2) (these constituent levels shall be achieved by the comparable fuel when generated, or as a result of treatment or blending, as provided in
par. (c) or
(d)) is excluded from the definition of solid waste provided that all of the following requirements are met:
