NR 665.1087 Standards: containers.
NR 665.1088 Standards: closed-vent systems and control devices.
NR 665.1089 Inspection and monitoring requirements.
NR 665.1090 Recordkeeping requirements.
Subchapter DD — Containment Buildings
NR 665.1100 Applicability.
NR 665.1101 Design and operating standards.
NR 665.1102 Closure and long-term care.
Subchapter EE — Hazardous Waste Munitions and Explosives Storage
NR 665.1200 Applicability.
NR 665.1201 Design and operating standards.
NR 665.1202 Closure and long-term care.
Subch. A of ch. NR 665 Note
Note: After the effective date of ch.
NR 670, the treatment, storage and disposal of hazardous waste is prohibited except according to a license. Section
291.25(4), Stats., provides for the continued operation of an existing facility under an interim license, until final administrative disposition of the owner's and operator's operating license application is made.
NR 665.0001
NR 665.0001
Purpose, scope and applicability. NR 665.0001(1)(1) The purpose of this chapter is to establish minimum state standards that define the acceptable management of hazardous waste during the period of the interim license and until certification of final closure or, if the facility is subject to long-term care requirements, until long-term care responsibilities are fulfilled.
NR 665.0001(2)
(2) Except as provided in
s. NR 665.1080 (2), the standards of this chapter, and of
ss. NR 664.0552,
664.0553 and
664.0554, apply to owners and operators of facilities that treat, store or dispose of hazardous waste who have fully complied with the interim license requirements of s.
291.25 (4), Stats., and
s. NR 670.010 until either an operating license is issued under s.
291.25, Stats., or until applicable closure and long-term care responsibilities under this chapter are fulfilled, and to those owners and operators of facilities in existence on November 19, 1980 who have failed to provide timely notification as required by s.
291.05 (1), Stats., and
s. NR 660.07 or failed to file part A of the EPA hazardous waste permit application as required by
s. NR 670.010 (5) and
(7). These standards apply to all treatment, storage and disposal of hazardous waste at these facilities after August 1, 2006, except as specifically provided otherwise in this chapter or
ch. NR 661 and
s. NR 662.220.
NR 665.0001(3)
(3) The requirements of this chapter do not apply to any of the following:
NR 665.0001 Note
Note: This chapter does apply to the treatment or storage of hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea, as provided in sub. (2). Title
33 USC 1401 to
1445 is also known as the ocean dumping portion of the federal marine protection, research and sanctuaries act.
NR 665.0001(3)(e)
(e) The owner or operator of a facility licensed or registered by the department to dispose of either of the following:
NR 665.0001(3)(e)1.
1. Municipal or industrial solid waste, if the only hazardous waste the facility disposes of is from very small quantity generators and the facility has been approved by the department to accept hazardous waste from very small quantity generators.
NR 665.0001(3)(e)2.
2. Household and very small quantity generator waste, if the facility complies with the requirements of
ch. NR 666 subch.
HH.
NR 665.0001 Note
Note: The specific requirements for solid waste landfills accepting hazardous waste from very small quantity generators are contained in s.
NR 506.155. Very small quantity generators have the option of ensuring delivery of their hazardous waste to certain solid waste disposal facilities under s.
NR 662.220 (5) (e) 1. b. and
2. c. and
d., and
(6) (e) 1. b. and
2. c. and
d. NR 665.0001(3)(j)
(j) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in
s. NR 660.10, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 high TOC subcategory defined in
s. NR 668.40, the table "Treatment Standards for Hazardous Wastes"), or reactive (D003) waste, to remove the characteristic before land disposal, the owner or operator shall comply with
s. NR 665.0017 (2).
NR 665.0001(3)(k)1.1. Except as provided in
subd. 2., a person engaged in treatment or containment activities during immediate response to any of the following situations:
NR 665.0001(3)(k)1.d.
d. An immediate threat to human health, public safety, property or the environment, from the known or suspected presence of military munitions, other explosive material or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in
s. NR 660.10.
NR 665.0001(3)(k)2.
2. An owner or operator of a facility otherwise regulated by this chapter shall comply with all applicable requirements of subchs.
C and
D.
NR 665.0001(3)(k)3.
3. Any person who is covered by
subd. 1. and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this chapter and
chs. NR 200 to
210,
212 to
214 and
216 for those activities.
NR 665.0001(3)(k)4.
4. In the case of an explosives or munitions emergency response, if a federal, state, tribal or local official acting within the scope of that person's responsibilities, or an explosives or munitions emergency response specialist, determines that immediate removal of the material or waste is necessary to protect human health or the environment, that official or specialist may authorize the removal of the material or waste by transporters who do not have EPA identification numbers or hazardous waste transportation licenses and without the preparation of a manifest. In the case of emergencies involving military munitions, the responding military emergency response specialist's organizational unit shall retain records for 3 years identifying the dates of the response, the responsible persons responding, the type and description of material addressed and its disposition.
NR 665.0001(3)(L)
(L) A transporter storing manifested shipments of hazardous waste in containers meeting the requirements of
s. NR 662.030 at a transfer facility for a period of 10 days or less.
NR 665.0001(3)(m)
(m) The addition of absorbent material to waste in a container (as defined in
s. NR 660.10) or the addition of waste to the absorbent material in a container provided that these actions occur at the time waste is first placed in the containers; and
ss. NR 665.0017 (2),
665.0171 and
665.0172 are complied with.
NR 665.0001(3)(n)
(n) Universal waste handlers and universal waste transporters (as defined in
s. NR 660.10) handling any of the following wastes. These handlers are regulated under
ch. NR 673, when handling any of the following universal wastes:
NR 665.0001(4)
(4) EPA hazardous waste numbers F020, F021, F022, F023, F026 and FO27 may not be managed at facilities regulated under this chapter unless any of the following apply:
NR 665.0001(4)(a)
(a) The wastewater treatment sludge is generated in a surface impoundment as part of the plant's wastewater treatment system.
NR 665.0001(4)(c)
(c) The waste is stored or treated in waste piles that meet the requirements of
s. NR 664.0250 (3) as well as all other applicable requirements of subch.
L.
NR 665.0001(4)(e)
(e) The waste is burned in facilities that thermally treat the waste in a device other than an incinerator and that are certified pursuant to the standards and procedures in
s. NR 665.0383.
NR 665.0001(5)
(5) The requirements of this chapter apply to owners or operators of all facilities which treat, store or dispose of hazardous waste referred to in
ch. NR 668, and the
ch. NR 668 standards are considered material conditions or requirements of the interim license standards in this chapter.
NR 665.0001(6)
(6) Section NR 666.205 identifies when the requirements of this chapter apply to the storage of military munitions classified as solid waste under
s. NR 666.202. The treatment and disposal of hazardous waste military munitions are subject to the applicable licensing, procedural and technical standards in
chs. NR 660 to
670.
NR 665.0001 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0004
NR 665.0004
Imminent danger action. Notwithstanding any other provisions of this chapter, enforcement actions may be brought pursuant to s.
291.85, Stats.
NR 665.0004 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0010
NR 665.0010
Applicability. This subchapter applies to owners and operators of all hazardous waste facilities, except as
s. NR 665.0001 provides otherwise.
NR 665.0010 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0011
NR 665.0011
Identification number. Every facility owner or operator shall apply to the department for an EPA identification number according to the procedures in
s. NR 660.07.
NR 665.0011 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0012(1)(a)
(a) The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source shall notify the regional administrator in writing at least 4 weeks in advance of the date of the waste is expected to arrive at the facility. Notice of subsequent shipments of the same waste from the same foreign source is not required.
NR 665.0012(1)(b)
(b) The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to subch.
H of ch. NR 662 shall provide a copy of the tracking document bearing all required signatures to the notifier, to the:
Office of Enforcement and Compliance Assurance
Office of Compliance; Enforcement Planning, Targeting and Data Division (2222A)
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Washington, DC 20460
and to the competent authorities of all other concerned countries within 3 working days of receipt of the shipment. The original of the signed tracking document shall be maintained at the facility for at least 3 years.
NR 665.0012(2)
(2) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the long-term care period, the owner or operator shall notify the new owner or operator in writing of the requirements of this chapter and
ch. NR 670. (Also see
s. NR 670.072.)
NR 665.0012 Note
Note: An owner's or operator's failure to notify the new owner or operator of the requirements of this chapter in no way relieves the new owner or operator of that person's obligation to comply with all applicable requirements.
NR 665.0012 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0013(1)(a)
(a) Before an owner or operator treats, stores or disposes of any hazardous wastes, or nonhazardous wastes if applicable under
s. NR 665.0113 (4), the owner or operator shall obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, the analysis shall contain all the information which must be known to treat, store or dispose of the waste according to this chapter and
ch. NR 668.
NR 665.0013(1)(a)1.
1. Chemical and physical samples shall be analyzed by a laboratory certified or registered under
ch. NR 149, except for field analyses for pH, specific conductance and temperature.
NR 665.0013(1)(b)
(b) The analysis may include data developed under
ch. NR 661 and
s. NR 662.220, and existing published or documented data on the hazardous waste or on waste generated from similar processes.
NR 665.0013 Note
Note: For example, the facility's records of analyses performed on the waste before August 1, 2006, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with par. (a). The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part of the information required by par. (a), except as otherwise specified in s.
NR 668.07(2) and
(3). If the generator does not supply the information, and the owner or operator chooses to accept a hazardous waste, the owner or operator is responsible for obtaining the information required to comply with this section.
NR 665.0013(1)(c)
(c) The analysis shall be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the analysis shall be repeated when any of the following occurs:
NR 665.0013(1)(c)1.
1. The owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous wastes or non-hazardous wastes, if applicable, under
s. NR 665.0113 (4) has changed.
NR 665.0013(1)(c)2.
2. For off-site facilities, the results of the inspection required in
par. (d) indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.
NR 665.0013(1)(d)
(d) The owner or operator of an off-site facility shall inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.
NR 665.0013(2)
(2) The owner or operator shall develop and follow a written waste analysis plan which describes the procedures which the owner or operator will carry out to comply with
sub. (1). The owner or operator shall keep this plan at the facility. At a minimum, the plan shall specify all of the following:
NR 665.0013(2)(a)
(a) The parameters for which each hazardous waste, or non-hazardous waste if applicable under
s. NR 665.0113 (4), will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply with
sub. (1)).
NR 665.0013(2)(b)
(b) The test methods which will be used to test for these parameters.
NR 665.0013(2)(c)
(c) The sampling method which will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using any of the following:
NR 665.0013 Note
Note: See s.
NR 660.21 for related discussion.
