NR 662.034(2)
(2) Storage facility licensing and accumulation time extension. A generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of
chs. NR 664 and
665 and the license requirements of
ch. NR 670 unless the generator has been granted an extension to the 90-day period. The department may grant an extension if hazardous wastes must remain on-site for longer than 90 days due to unforeseen, temporary and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the department on a case-by-case basis.
NR 662.034(3)(a)(a) A generator may accumulate as much as 55 gallons of hazardous waste or one quart of acutely hazardous waste listed in
s. NR 661.33 (5) in containers at or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste, without an operating license or interim license and without complying with
sub. (1) provided the generator does all of the following:
NR 662.034(3)(a)2.
2. Marks the containers either with the words "Hazardous Waste" or with other words that identify the contents of the containers.
NR 662.034(3)(b)
(b) A generator who accumulates either hazardous waste or acutely hazardous waste listed in
s. NR 661.33 (5) in excess of the amounts listed in
par. (a) at or near any point of generation shall, with respect to that amount of excess waste, comply within 3 days with
sub. (1) or other applicable provisions of
chs. NR 660 to
673. During the 3-day period the generator shall continue to comply with
par. (a) 1. and
2. The generator shall mark the container holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.
NR 662.034 Note
Note: Special accumulation requirements for small quantity generators are in s.
NR 662.192.
NR 662.034(7)
(7) F006
wastewater treatment sludges – 180-day accumulation time. A generator who generates 1,000 kilograms (2,205 pounds) or greater of hazardous waste per calendar month who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the hazardous waste code F006, may accumulate F006 waste on-site for more than 90 days, but not more than 180 days without an operating license or interim license provided that all of the following conditions are met:
NR 662.034(7)(a)
(a) The generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants or contaminants entering F006 or otherwise released to the environment prior to its recycling.
NR 662.034(7)(b)
(b) The F006 waste is legitimately recycled through metals recovery.
NR 662.034(7)(c)
(c) No more than 20,000 kilograms (44,100 pounds) of F006 waste is accumulated on-site at any one time.
NR 662.034(7)(d)
(d) The F006 waste is managed in accordance with all of the following:
NR 662.034(7)(d)1.a.
a. In containers and the generator complies with the applicable requirements of subch.
I of
ch. NR 665 (containers), subch.
AA of ch. NR 665 (air emission standards for process vents), subch.
BB of ch. NR 665 (air emission standards for equipment leaks) and subch.
CC of ch. NR 665 (air emission standards for tanks, surface impoundments and containers) .
NR 662.034(7)(d)1.c.
c. In containment buildings and the generator complies with subch.
DD of ch. NR 665 (containment buildings), and has placed the professional engineer certification that the building complies with the design standards specified in
s. NR 665.1101 in the facility's operating record prior to operation of the unit. The owner or operator shall maintain any of the following records at the facility:
1) A written description of procedures to ensure that the F006 waste remains in the unit for no more than 180 days, a written description of the waste generation and management practices for the facility showing that they are consistent with the 180-day limit and documentation that the generator is complying with the procedures.
2) Documentation that the unit is emptied at least once every 180 days.
NR 662.034(7)(d)3.
3. The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container.
NR 662.034(7)(d)4.
4. While being accumulated on-site, each container and tank is labeled or marked clearly with the words, "Hazardous Waste".
NR 662.034(8)
(8) F006 wastewater treatment sludges – 270-day accumulation time. A generator who generates 1,000 kilograms (2,205 pounds) or greater of hazardous waste per calendar month who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the hazardous waste code F006, and who must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more for off-site metals recovery, may accumulate F006 waste on-site for more than 90 days, but not more than 270 days without an operating license or interim license if the generator complies with the requirements of
sub. (7) (a) to
(d).
NR 662.034(9)
(9) F006 wastewater treatment sludges – storage facility licensing, accumulation time extension and accumulation limit exception. A generator accumulating F006 in accordance with
subs. (7) and
(8) who accumulates F006 waste on-site for more than 180 days (or for more than 270 days if the generator must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more), or who accumulates more than 20,000 kilograms (44,100 pounds) of F006 waste on-site is an operator of a storage facility and is subject to the requirements of
chs. NR 664 and
665 and the license requirements of
ch. NR 670 unless the generator has been granted an extension to the 180-day (or 270-day if applicable) period or an exception to the 20,000 kilogram (44,100 pound) accumulation limit. Extensions and exceptions may be granted by the department if F006 waste must remain on-site for longer than 180 days (or 270 days if applicable) or if more than 20,000 kilograms (44,100 pounds) of F006 waste must remain on-site due to unforeseen, temporary and uncontrollable circumstances. An extension of up to 30 days or an exception to the accumulation limit may be granted at the discretion of the department on a case-by-case basis.
NR 662.034(13)
(13) Rejected waste shipments. A generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue according to the manifest discrepancy provisions of
s. NR 664.0072 or
665.0072 may accumulate the returned waste on-site according to
subs. (1) and
(2), depending on the amount of hazardous waste on-site in that calendar month. Upon receipt of the returned shipment, the generator shall do one of the following:
NR 662.034(13)(a)
(a) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest.
NR 662.034(13)(b)
(b) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.
NR 662.034 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 06-102: cr. (13)
Register March 2007 No. 615, eff. 4-1-07; corrections in (1) (a) 1. to 4., (7) (d) 1. a. to c. made under s.
13.92 (4) (b) 7., Stats.,
Register March 2013 No. 687.
NR 662.040(1)(1) A generator shall keep a copy of each manifest signed in accordance with
s. NR 662.023 (1) for 3 years or until the generator receives a signed copy from the designated facility which received the waste. This signed copy shall be retained as a record for at least 3 years from the date the waste was accepted by the initial transporter.
NR 662.040(2)
(2) A generator shall keep a copy of each annual report and exception report for a period of at least 3 years from the due date of the report.
NR 662.040(3)
(3) A generator shall keep records of any test results, waste analyses or other determinations made in accordance with
s. NR 662.011 for at least 3 years from the date that the waste was last sent to on-site or off-site treatment, storage or disposal.
NR 662.040(4)
(4) The periods or retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the department.
NR 662.040 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.041(1)(1) A generator who ships any hazardous waste off-site to a treatment, storage or disposal facility within the United States shall prepare and submit a single copy of an annual report to the department by March 1 of each year. The annual report shall be submitted on department forms and cover generator activities during the previous year.
NR 662.041(2)
(2) Each annual report shall include all of the following information:
NR 662.041(2)(a)
(a) The EPA identification number, name and address of the generator.
NR 662.041(2)(c)
(c) The certification signed by the generator or authorized representative.
NR 662.041(2)(d)
(d) The generator fee worksheet to determine the environmental repair fee that shall be paid to the department as specified in s.
289.67 (2), Stats.
NR 662.041(3)
(3) Each annual report for odd numbered years shall include the following information:
NR 662.041(3)(b)
(b) The EPA identification number, name and address for each off-site treatment, storage or disposal facility in the United States to which waste was shipped during the year.
NR 662.041(3)(c)
(c) The name and EPA identification number of each transporter used during the reporting year for shipments to a treatment, storage or disposal facility within the United States.
NR 662.041(3)(d)
(d) A description, EPA hazardous waste number (from subch.
C of ch. NR 661 or subch.
D of ch. NR 661), U.S. department of transportation hazard class and quantity of each hazardous waste shipped off-site for shipments to a treatment, storage or disposal facility within the United States. This information shall be listed by EPA identification number of each off-site facility to which waste was shipped.
NR 662.041(3)(e)
(e) A description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated.
NR 662.041(3)(f)
(f) A description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent the information is available for years prior to 1987.
NR 662.041(4)
(4) Any generator who treats, stores or disposes of hazardous waste on-site shall submit an annual report covering those wastes in accordance with the provisions of
chs. NR 670,
664,
665 and
666. Reporting for exports of hazardous waste is not required on the annual report form. A separate annual report requirement is set forth at
s. NR 662.056.
NR 662.041 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
correction in (3) (d) made under s.
13.92 (4) (b) 7., Stats.,
Register March 2013 No. 687.
NR 662.042(1)
(1) A generator of greater than 1,000 kilograms (2,205 pounds) of hazardous waste in a calendar month who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter shall contact the transporter or the owner or operator of the designated facility to determine the status of the hazardous waste.
NR 662.042(2)
(2) A generator of greater than 1,000 kilograms (2,205 pounds) of hazardous waste in a calendar month shall submit an exception report to the department if the generator has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter. The exception report shall include all of the following:
NR 662.042(2)(a)
(a) A legible copy of the manifest for which the generator does not have confirmation of delivery.
NR 662.042(2)(b)
(b) A cover letter signed by the generator or an authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.
NR 662.042 Note
Note: The exception reporting requirement for small quantity generators is in s.
NR 662.193(2) NR 662.042 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.043
NR 662.043
Additional reporting. The department may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in
ch. NR 661.
NR 662.043 Note
Note: Special recordkeeping and reporting requirements for small quantity generators are in s.
NR 662.193.
NR 662.043 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
Subch. E of ch. NR 662 Note
Note: The export requirements on which this subchapter is based (
40 CFR part 262, subpart E) are administered by EPA and not the department because the exercise of foreign relations and international commerce powers is reserved to the federal government under the U.S. Constitution. Wisconsin has adopted these requirements into its rules for the convenience of the regulated community and for completeness. The enforcement of the
40 CFR part 262, subpart E requirements remains EPA's responsibility even though Wisconsin has adopted these requirements into its rules. The
40 CFR part 262, subpart E requirements apply to only those wastes identified or listed under the federal program that are subject to federal manifesting requirements.
NR 662.050
NR 662.050
Applicability. This subchapter establishes requirements applicable to exports of hazardous waste. Except to the extent
s. NR 662.058 provides otherwise, a primary exporter of hazardous waste shall comply with the special requirements of this subchapter and a transporter transporting hazardous waste for export shall comply with applicable requirements of
ch. NR 663.
Section NR 662.058 sets forth the requirements of international agreements between the United States and receiving countries which establish different notice, export and enforcement procedures for the transportation, treatment, storage and disposal of hazardous waste for shipments between the United States and those countries.
NR 662.050 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.051
NR 662.051
Definitions. The following definitions apply to this subchapter:
NR 662.051(1)
(1) "Consignee" means the ultimate treatment, storage or disposal facility in a receiving country to which the hazardous waste will be sent.
NR 662.051(2)
(2) "EPA acknowledgment of consent" means the cable sent to EPA from the U.S. embassy in a receiving country that acknowledges the written consent of the receiving country to accept the hazardous waste and describes the terms and conditions of the receiving country's consent to the shipment.
NR 662.051(3)
(3) "Primary exporter" means any person who is required to originate the manifest for a shipment of hazardous waste in accordance with
40 CFR part 262, subpart B, or equivalent provision in subch.
B, which specifies a treatment, storage or disposal facility in a receiving country as the facility to which the hazardous waste will be sent and any intermediary arranging for the export.
NR 662.051(4)
(4) "Receiving country" means a foreign country to which a hazardous waste is sent for the purpose of treatment, storage or disposal (except short-term storage incidental to transportation).
NR 662.051(5)
(5) "Transit country" means any foreign country, other than a receiving country, through which a hazardous waste is transported.
NR 662.051 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.052
NR 662.052
General requirements. Exports of hazardous waste are prohibited except in compliance with the applicable requirements of this subchapter and
40 CFR part 263. Exports of hazardous waste are prohibited unless all of the following conditions have been met:
NR 662.052(2)
(2) The receiving country has consented to accept the hazardous waste.
NR 662.052(3)
(3) A copy of the EPA acknowledgment of consent to the shipment accompanies the hazardous waste shipment and, unless exported by rail, is attached to the manifest (or shipping paper for exports by water (bulk shipment)).
NR 662.052(4)
(4) The hazardous waste shipment conforms to the terms of the receiving country's written consent as reflected in the EPA acknowledgment of consent.
NR 662.052 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.053
NR 662.053
Notification of intent to export. NR 662.053(1)
(1) A primary exporter of hazardous waste shall notify EPA of an intended export before the waste is scheduled to leave the United States. A complete notification may be submitted 60 days before the initial shipment is intended to be shipped off site. This notification may cover export activities extending over a 12-month or lesser period. The notification shall be in writing, signed by the primary exporter, and include all of the following information:
NR 662.053(1)(a)
(a) Name, mailing address, telephone number and EPA ID number of the primary exporter.
NR 662.053(1)(b)
(b) By consignee, for each hazardous waste type, all of the following:
NR 662.053(1)(b)1.
1. A description of the hazardous waste and the EPA hazardous waste number (from
40 CFR part 261, subparts C and D), U.S. DOT proper shipping name, hazard class and ID number (UN or NA) for each hazardous waste as identified in
49 CFR parts 171 to
177.
NR 662.053(1)(b)2.
2. The estimated frequency or rate at which the waste is to be exported and the period of time over which the waste is to be exported.
NR 662.053(1)(b)4.
4. All points of entry to and departure from each foreign country through which the hazardous waste will pass.
NR 662.053(1)(b)5.
5. A description of the means by which each shipment of the hazardous waste will be transported (e.g., mode of transportation vehicle (including air, highway, rail or water), type of container (such as drums, boxes and tanks)).
