NR 662.087(1)(d)
(d) By final recovery facility, for each hazardous waste exported, a description of the hazardous waste, the EPA hazardous waste number (from
40 CFR part 261, subpart C or D), designation of waste type from OECD waste list and applicable waste code from the OECD lists, U.S. DOT hazard class, the name and U.S. EPA identification number (where applicable) for each transporter used, the total amount of hazardous waste shipped pursuant to this subchapter and number of shipments pursuant to each notification.
NR 662.087(1)(e)
(e) In even numbered years, for each hazardous waste exported, except for hazardous waste produced by exporters of greater than 100 kg (220 pounds) but less than 1,000 kg (2,205 pounds) in a calendar month, and except for hazardous waste for which information was already provided pursuant to
s. NR 662.041, all of the following:
NR 662.087(1)(e)1.
1. A description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated.
NR 662.087(1)(e)2.
2. A description of the changes in volume and toxicity of the waste actually achieved during the year in comparison to previous years to the extent the information is available for years prior to 1984.
NR 662.087(1)(f)
(f) A certification signed by the person acting as primary exporter that states:
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment.
NR 662.087(2)
(2) Exception reports. Any person who meets the definition of primary exporter in
s. NR 662.051 shall file an exception report in lieu of the requirements of
ss. NR 662.042 and
662.193 (2) with the EPA administrator if any of the following occurs:
NR 662.087(2)(a)
(a) The primary exporter has not received a copy of the tracking documentation signed by the transporter stating point of departure of the waste from the United States, within 45 days from the date it was accepted by the initial transporter.
NR 662.087(2)(b)
(b) Within 90 days from the date the waste was accepted by the initial transporter, the notifier has not received written confirmation from the recovery facility that the hazardous waste was received.
NR 662.087(3)(a)1.
1. A copy of each notification of intent to export and all written consents obtained from the competent authorities of concerned countries for a period of at least 3 years from the date the hazardous waste was accepted by the initial transporter.
NR 662.087(3)(a)2.
2. A copy of each annual report for a period of at least 3 years from the due date of the report.
NR 662.087(3)(a)3.
3. A copy of any exception reports and a copy of each confirmation of delivery (i.e., tracking documentation) sent by the recovery facility to the notifier for at least 3 years from the date the hazardous waste was accepted by the initial transporter or received by the recovery facility, whichever is applicable.
NR 662.087(3)(b)
(b) The periods of 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 EPA administrator.
NR 662.087 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.089(1)(1) For the purposes of this subchapter, a waste is considered hazardous under U.S. national procedures, and hence subject to this subchapter, if all of the following are true:
NR 662.089(2)
(2) If a waste is hazardous under
sub. (1) and it appears on the amber or red list, it is subject to amber- or red-list requirements respectively.
NR 662.089(3)
(3) If a waste is hazardous under
sub. (1) and it does not appear on either amber or red lists, it is subject to red-list requirements.
NR 662.089(4)
(4) The appropriate control procedures for hazardous wastes and hazardous waste mixtures are addressed in
s. NR 662.082.
NR 662.089(5)
(5) The OECD Green List of Wastes (revised May 1994), Amber List of Wastes and Red List of Wastes (both revised May 1993) as set forth in Appendix 3, Appendix 4 and Appendix 5, respectively, to the OECD Council Decision C(92)39/FINAL (Concerning the Control of Transfrontier Movements of Wastes Destined for Recovery Operations) are incorporated by reference. On July 11, 1996, the director of the federal register approved these incorporations by reference in accordance with
5 USC 552(a) and
1 CFR part 51. These materials are incorporated as they exist on the date of the approval and a notice of any change in these materials will be published in the federal register.
NR 662.089 Note
Note: The materials are available for inspection at: the Office of the Federal
Register, 800 North Capitol Street, NW, suite 700, Washington, DC; the U.S. Environmental Protection Agency, RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, first floor, Arlington, VA 22203 (Docket # F-94-IEHF-FFFFF) and may be obtained from the Organization for Economic Cooperation and Development, Environment Directorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France.
NR 662.089 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.190(1)(1) A generator is a small quantity generator in a calendar month if the generator generates greater than 100 kilograms (220 pounds) but less than 1,000 kilograms (2,205 pounds) of non-acutely hazardous waste in that month.
NR 662.190(2)
(2) The requirements in subchs.
A to
H apply to small quantity generators, except for all of the following:
NR 662.190 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.191
NR 662.191
Conditional manifest exemption. The manifest requirements of subch.
B do not apply to hazardous waste produced by small quantity generators where all of the following conditions are met:
NR 662.191(1)
(1) The waste is reclaimed under a contractual agreement pursuant to which all of the following conditions are met:
NR 662.191(1)(a)
(a) The type of waste and frequency of shipments are specified in the agreement.
NR 662.191(1)(b)
(b) The vehicle used to transport the waste to the recycling facility and to deliver regenerated material back to the generator is owned and operated by the reclaimer of the waste.
NR 662.191(2)
(2) The generator maintains a copy of the reclamation agreement in the generator's files for a period of at least 3 years after termination or expiration of the agreement.
NR 662.191 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.192
NR 662.192
Special accumulation requirements. NR 662.192(1)(1)
One hundred and eighty-day accumulation time. A small quantity generator may accumulate hazardous waste on-site for 180 days or less without an operating license or interim license provided that all of the following conditions are met:
NR 662.192(1)(a)
(a)
Accumulation limit. The quantity of waste accumulated on-site never exceeds 6,000 kilograms (13,230 pounds).
NR 662.192(1)(d)1.
1. The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container.
NR 662.192(1)(d)2.
2. While being accumulated on-site, each container and tank is labeled or marked clearly with the words, "Hazardous Waste".
NR 662.192(1)(e)
(e)
Emergency procedures and personnel training. The generator complies with all of the following requirements:
NR 662.192(1)(e)1.
1. At all times there shall be at least one employee either on the premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures specified in
subd. 4. This employee is the emergency coordinator.
NR 662.192(1)(e)2.
2. The generator shall post all of the following information next to the telephone:
NR 662.192(1)(e)2.b.
b. Location of fire extinguishers and spill control material, and, if present, fire alarm.
NR 662.192(1)(e)2.c.
c. The telephone number of the fire department, unless the facility has a direct alarm.
NR 662.192(1)(e)3.
3. The generator shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.
NR 662.192(1)(e)4.
4. The emergency coordinator or a designee shall respond to any emergencies that arise. The applicable responses are as follows:
NR 662.192(1)(e)4.a.
a. In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher.
NR 662.192(1)(e)4.b.
b. In the event of a spill, contain the flow of hazardous waste to the extent possible, and as soon as is practicable, clean up the hazardous waste and any contaminated materials or soil.
NR 662.192(1)(e)4.c.
c. In the event of a fire, explosion or other release which could threaten human health outside the facility or when the generator has knowledge that a spill has reached surface water, the generator shall immediately notify the national response center (using their 24-hour toll free number 800/424-8802). The report shall include all of the following information:
1) The name, address and U.S. EPA identification number of the generator.
2) Date, time and type of incident ( e.g., spill or fire).
3) Quantity and type of hazardous waste involved in the incident.
4) Extent of injuries, if any.
5) Estimated quantity and disposition of recovered materials, if any.
NR 662.192(1)(e)4.d.
d. In the event of a release or discharge, the generator shall give notice to the division of emergency management at (800) 943-0003 and comply with the requirements of s.
292.11, Stats., and
ch. NR 706.
NR 662.192(2)
(2) Two hundred and seventy-day accumulation time. Small quantity generators who must transport their own hazardous waste, or offer their own hazardous waste for transportation, over a distance of 200 miles or more for off-site treatment, storage or disposal may accumulate hazardous waste on-site for 270 days or less without an operating license or interim license provided that the generators comply with the requirements of
sub. (1).
NR 662.192(3)
(3) Storage facility licensing and accumulation time extension. A small quantity generator who accumulates hazardous waste in quantities exceeding 6,000 kg (13,230 pounds) or accumulates hazardous waste for more than 180 days (or for more than 270 days if the generator must transport the waste, or offer the waste for transportation, over a distance of 200 miles or more) 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. An extension may be granted by the department if hazardous wastes must remain on-site for longer than 180 days (or 270 days if applicable) 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 662.192(4)(a)(a) A small quantity 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
subs. (1) and
(2) provided the generator does all of the following:
NR 662.192(4)(a)2.
2. Marks the containers either with the words "Hazardous Waste" or with other words that identify the contents of the containers.
NR 662.192(4)(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
subs. (1) and
(2) or other applicable provisions of
chs. NR 660 to
670. 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 662.192(5)
(5) Rejected waste shipments. A small quantity 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 in accordance with the manifest discrepancy provisions of
s. NR 664.0072 or
665.0072 may accumulate the returned waste on-site in accordance with
subs. (1),
(2) and
(3), 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 662.192(5)(a)
(a) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest.
NR 662.192(5)(b)
(b) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.
NR 662.192 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 06-102: cr. (5)
Register March 2007 No. 615, eff. 4-1-07.
NR 662.193
NR 662.193
Special recordkeeping and reporting requirements. A small quantity generator is subject only to all of the following recordkeeping and reporting requirements:
NR 662.193(1)(a)(a) 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 662.193(1)(b)
(b) 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 662.193(1)(c)
(c) The generator shall keep a copy of each annual report for a period of at least 3 years from the due date of the report.
NR 662.193(1)(d)
(d) The periods or retention referred to in this subsection are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the department.
NR 662.193(2)
(2) Exception reporting. A small quantity generator who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter shall submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the department.
NR 662.193 Note
Note: The submission to the department need only be a handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the return copy was not received.
NR 662.193(4)
(4) 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 662.193 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 662.194
NR 662.194
Special requirements for accumulating in tanks.
