NR 666.020(1)(b)
(b) After mixing or combination with any other substance or substances. These materials will be referred to throughout this subchapter as "materials used in a manner that constitutes disposal".
NR 666.020(2)
(2) Products produced for the general public's use that are used in a manner that constitutes disposal and that contain recyclable materials are not presently regulated if the recyclable materials have undergone a chemical reaction in the course of producing the products so as to become inseparable by physical means and if the products meet the applicable treatment standards in subch.
D of ch. NR 668 (or applicable prohibition levels in
s. NR 668.32, where no treatment standards have been established) for each recyclable material (i.e., hazardous waste) that they contain.
NR 666.020(3)
(3) Anti-skid and deicing uses of slags, which are generated from high temperature metals recovery (HTMR) processing of hazardous waste K061, K062 and F006, in a manner constituting disposal are not covered by the exemption in
sub. (2) and remain regulated.
NR 666.020(4)
(4) Fertilizers that contain recyclable materials are not regulated if any of the following apply:
NR 666.020 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 666.021
NR 666.021
Standards applicable to generators and transporters of materials used in a manner that constitutes disposal. Generators and transporters of materials that are used in a manner that constitutes disposal are subject to the applicable requirements of
chs. NR 662 and
663, and the notification requirement under
s. NR 660.07.
NR 666.021 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 666.022
NR 666.022
Standards applicable to storers of materials that are to be used in a manner that constitutes disposal who are not the ultimate users. Owners or operators of facilities that store recyclable materials that are to be used in a manner that constitutes disposal, but who are not the ultimate users of the materials, are regulated under all applicable provisions of
subchs. A to L of
chs. NR 664 and
665,
ch. NR 670 and the notification requirement under
s. NR 660.07.
NR 666.022 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 666.023
NR 666.023
Standards applicable to users of materials that are used in a manner that constitutes disposal. NR 666.023(1)(1) Owners or operators of facilities that use recyclable materials in a manner that constitutes disposal are regulated under all applicable provisions of subchs.
A to
N of chs. NR 664 and
665, and
chs. NR 668 and
670 and the notification requirement under
s. NR 660.07. (These requirements do not apply to products which contain these recyclable materials under the provisions of
s. NR 666.020 (2).)
NR 666.023(2)
(2) The use of waste or used oil or other material, which is contaminated with dioxin or any other hazardous waste (other than a waste identified solely on the basis of ignitability), for dust suppression or road treatment is prohibited.
NR 666.023 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 666.070
NR 666.070
Applicability and requirements. NR 666.070(1)(1) This subchapter applies to recyclable materials that are reclaimed to recover economically significant amounts of gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium or any combination of these.
NR 666.070(2)
(2) Persons who generate, transport or store recyclable materials that are regulated under this subchapter are subject to all of the following requirements:
NR 666.070(2)(c)
(c) For precious metals exported to or imported from designated OECD member countries for recovery, persons who generate, transport or store recyclable materials are subject to subch.
H of ch. NR 662 and
s. NR 665.0012 (1) (b). For precious metals exported to or imported from non-OECD countries for recovery, persons who generate, transport or store recyclable materials are subject to subchs.
E and
F of ch. NR 662.
NR 666.070(3)
(3) Persons who store recycled materials that are regulated under this subchapter shall keep all of the following records to document that they are not accumulating these materials speculatively (as defined in
s. NR 661.01 (3)):
NR 666.070(3)(a)
(a) Records showing the volume of these materials stored at the beginning of the calendar year.
NR 666.070(3)(b)
(b) The amount of these materials generated or received during the calendar year.
NR 666.070(3)(c)
(c) The amount of materials remaining at the end of the calendar year.
NR 666.070(4)
(4) Recyclable materials that are regulated under this subchapter that are accumulated speculatively (as defined in
s. NR 661.01 (3)) are subject to all applicable provisions of
chs. NR 662 to
665 and
670.
NR 666.070 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 666.080
NR 666.080
Applicability and requirements. NR 666.080(1)
(1) Are spent lead-acid batteries exempt from hazardous waste management requirements? If you generate, collect, transport, store or regenerate lead-acid batteries for reclamation purposes, you may be exempt from certain hazardous waste management requirements. Use the following table to determine which requirements apply to you. Alternatively, you may choose to manage your spent lead-acid batteries under the "Universal Waste" rule in
ch. NR 673.
NR 666.080 Note
Note: In addition to the requirements of this subchapter or ch.
NR 673, s.
287.18, Stats., applies to persons who sell lead acid batteries.
-
See PDF for table 
NR 666.080 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
Subch. H of ch. NR 666 Note
Note: This subchapter is similar to federal regulations contained in
40 CFR part 266 subpart H, revised as of July 1, 2003.
NR 666.100(1)(1) The regulations of this subchapter apply to hazardous waste burned or processed in a boiler or industrial furnace (as defined in
s. NR 660.10) irrespective of the purpose of burning or processing, except as provided by
subs. (2),
(3),
(4),
(7) and
(8). In this subchapter, the term "burn" means burning for energy recovery or destruction, or processing for materials recovery or as an ingredient. The emissions standards of
ss. NR 666.104,
666.105,
666.106 and
666.107 apply to facilities operating under an interim license or under a license as specified in
ss. NR 666.102 and
666.103.
NR 666.100(2)(a)(a) Except as provided by
par. (b), the standards of this subchapter no longer apply when an affected source demonstrates compliance with the maximum achievable control technology (MACT) requirements of
40 CFR part 63, subpart EEE, by conducting a comprehensive performance test and submitting to the department a notification of compliance under
40 CFR 63.1207(j) and 63.1210(b) documenting compliance with
40 CFR part 63, subpart EEE. Nevertheless, even after this demonstration of compliance with the MACT standards, hazardous waste license conditions that were based on the standards of this chapter shall continue to be in effect until the conditions are removed from the license or the license is terminated or revoked, unless the license expressly provides otherwise.
NR 666.100(2)(b)1.
1. If you elect to comply with
s. NR 670.235 (1) (a) 1. to minimize emissions of toxic compounds from startup, shutdown and malfunction events,
s. NR 666.102 (5) (a) requiring operations in accordance with the operating requirements specified in the license at all times that hazardous waste is in the unit, and
s. NR 666.102 (5) (b) 3. requiring compliance with the emission standards and operating requirements during startup and shutdown if hazardous waste is in the combustion chamber, except for particular hazardous wastes. These provisions apply only during startup, shutdown and malfunction events.
NR 666.100(3)
(3) The following hazardous wastes and facilities are not subject to regulation under this subchapter:
NR 666.100(3)(a)
(a) Used oil burned for energy recovery that is also a hazardous waste solely because it exhibits a characteristic of hazardous waste identified in subch.
C of ch. NR 661. Such used oil is subject to regulation under
ch. NR 679.
NR 666.100(3)(b)
(b) Gas recovered from hazardous or solid waste landfills when such gas is burned for energy recovery.
NR 666.100(3)(d)
(d) Coke ovens, if the only hazardous waste burned is EPA hazardous waste number K087, decanter tank tar sludge from coking operations.
NR 666.100(4)
(4) Owners and operators of smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters and foundry furnaces, but not including cement kilns, aggregate kilns or halogen acid furnaces burning hazardous waste) that process hazardous waste solely for metal recovery are conditionally exempt from regulation under this subchapter, except for
ss. NR 666.101 and
666.112.
NR 666.100(4)(a)
(a) To be exempt from
ss. NR 666.102 to
666.111, an owner or operator of a metal recovery furnace or mercury recovery furnace shall comply with all of the following requirements, except that an owner or operator of a lead or a nickel-chromium recovery furnace, or a metal recovery furnace that burns baghouse bags used to capture metallic dusts emitted by steel manufacturing, shall comply with
par. (c), and owners or operators of lead recovery furnaces that are subject to regulation under the Secondary Lead Smelting national emission standards for hazardous air pollutants (NESHAP) shall comply with
sub. (8).
NR 666.100(4)(a)1.
1. Provide a one-time written notice to the department indicating all of the following:
NR 666.100(4)(a)1.d.
d. The owner or operator will comply with the sampling and analysis and recordkeeping requirements of this subsection.
NR 666.100(4)(a)2.
2. Sample and analyze the hazardous waste and other feedstocks as necessary to comply with this subsection under procedures specified by Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846, incorporated by reference in
s. NR 660.11, or alternative methods that meet or exceed the SW-846 method performance capabilities. If SW-846 does not prescribe a method for a particular determination, the owner or operator shall use the best available method.
NR 666.100(4)(a)3.
3. Maintain at the facility for at least 3 years records to document compliance with this subsection including limits on levels of toxic organic constituents and Btu value of the waste, and levels of recoverable metals in the hazardous waste compared to normal nonhazardous waste feedstocks.
NR 666.100(4)(b)
(b) A hazardous waste meeting either of the following criteria is not processed solely for metal recovery:
NR 666.100(4)(b)1.
1. The hazardous waste has a total concentration of organic compounds listed in
ch. NR 661 Appendix VIII, exceeding 500 ppm by weight, as-fired, and so is considered to be burned for destruction. The concentration of organic compounds in a waste as-generated may be reduced to the 500 ppm limit by bona fide treatment that removes or destroys organic constituents. Blending for dilution to meet the 500 ppm limit is prohibited and documentation that the waste has not been impermissibly diluted shall be retained in the records required by par.
(a)3. NR 666.100(4)(b)2.
2. The hazardous waste has a heating value of 5,000 Btu/lb or more, as-fired, and so is considered to be burned as fuel. The heating value of a waste as-generated may be reduced to below the 5,000 Btu/lb limit by bona fide treatment that removes or destroys organic constituents. Blending for dilution to meet the 5,000 Btu/lb limit is prohibited and documentation that the waste has not been impermissibly diluted shall be retained in the records required by
par. (a) 3.
NR 666.100(4)(c)
(c) To be exempt from
ss. NR 666.102 to
666.111, an owner or operator of a lead or nickel-chromium or mercury recovery furnace (except for owners or operators of lead recovery furnaces subject to regulation under the Secondary Lead Smelting national emission standards for hazardous air pollutants (NESHAP)) or a metal recovery furnace that burns baghouse bags used to capture metallic dusts emitted by steel manufacturing, shall provide a one-time written notice to the department identifying each hazardous waste burned and specifying whether the owner or operator claims an exemption for each waste under this paragraph or
par. (a). The owner or operator shall comply with
par. (a) for those wastes claimed to be exempt under
par. (a) and shall comply with the requirements below for those wastes claimed to be exempt under this paragraph.
NR 666.100(4)(c)1.a.
a. A waste listed in
ch. NR 666 Appendix IX shall contain recoverable levels of lead, a waste listed in
ch. NR 666 Appendix XII shall contain recoverable levels of nickel or chromium, a waste listed in
ch. NR 666 Appendix XIII shall contain recoverable levels of mercury and contain less than 500 ppm of
ch. NR 661 Appendix VIII organic constituents, and baghouse bags used to capture metallic dusts emitted by steel manufacturing shall contain recoverable levels of metal.
NR 666.100(4)(c)1.d.
d. The owner or operator certifies in the one-time notice that hazardous waste is burned under this paragraph and that sampling and analysis will be conducted or other information will be obtained as necessary to ensure continued compliance with these requirements. Sampling and analysis shall be conducted according to
par. (a) 2. and records to document compliance with this paragraph shall be kept for at least 3 years.
NR 666.100(4)(c)2.
2. The department may decide on a case-by-case basis that the toxic organic constituents in a material listed in
ch. NR 666 Appendix XI,
ch. NR 666 Appendix XII, or
ch. NR 666 Appendix XIII that contains a total concentration of more than 500 ppm toxic organic compounds listed in
ch. NR 661 Appendix VIII may pose a hazard to human health and the environment when burned in a metal recovery furnace exempt from this subchapter. In that situation, after adequate notice and opportunity for comment, the metal recovery furnace shall become subject to this subchapter when burning that material. In making the hazard determination, the department will consider all of the following factors:
NR 666.100(4)(c)2.b.
b. The level of destruction of toxic organic constituents provided by the furnace.
NR 666.100(4)(c)2.c.
c. Whether the acceptable ambient levels established in
ch. NR 666 Appendix IV or
ch. NR 666 AppendixV may be exceeded for any toxic organic compound that may be emitted based on dispersion modeling to predict the maximum annual average off-site ground level concentration.
NR 666.100(6)
(6) The management standards for residues under
s. NR 666.112 apply to any boiler or industrial furnace burning hazardous waste.
NR 666.100(7)
(7) Owners and operators of smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters and foundry furnaces) that process hazardous waste for recovery of economically significant amounts of the precious metals gold, silver, platinum, palladium, iridium, osmium, rhodium or ruthenium, or any combination of these are conditionally exempt from regulation under this subchapter, except for
s. NR 666.112. To be exempt from
ss. NR 666.101 to
666.111, an owner or operator shall do all of the following:
NR 666.100(7)(a)
(a) Provide a one-time written notice to the department indicating all of the following:
NR 666.100(7)(a)2.
2. The hazardous waste is burned for legitimate recovery of precious metal.
NR 666.100(7)(a)3.
3. The owner or operator will comply with the sampling and analysis and recordkeeping requirements of this subsection.
NR 666.100(7)(b)
(b) Sample and analyze the hazardous waste as necessary to document that the waste is burned for recovery of economically significant amounts of precious metal using procedures specified by Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846, incorporated by reference in
s. NR 660.11 or alternative methods that meet or exceed the SW-846 method performance capabilities. If SW-846 does not prescribe a method for a particular determination, the owner or operator shall use the best available method.
NR 666.100(7)(c)
(c) Maintain at the facility for at least 3 years records to document that all hazardous wastes burned are burned for recovery of economically significant amounts of precious metal.
NR 666.100(8)
(8) Starting June 23, 1997, owners or operators of lead recovery furnaces that process hazardous waste for recovery of lead and that are subject to regulation under the Secondary Lead Smelting national standards for hazardous air pollutants (NESHAP), are conditionally exempt from regulation under this subchapter, except for
s. NR 666.101. To be exempt, an owner or operator shall provide a one-time notice to the department identifying each hazardous waste burned and specifying that the owner or operator claims an exemption under this subsection. The notice also shall state that the waste burned has a total concentration of non-metal compounds listed in
ch. NR 661 Appendix VIII, of less than 500 ppm by weight, as fired and as provided in
sub. (4) (b) 1., or is listed in
ch. NR 666 Appendix XI.
NR 666.100 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06; corrections in (2) (b) 5., (4) (c) 1. (intro.), a., 2. (intro.), c., (8) made under s.
13.92 (4) (b) 7., Stats.,
Register March 2013 No. 687.
NR 666.101
NR 666.101
Management prior to burning. NR 666.101(1)
(1)
Generators. Generators of hazardous waste that is burned in a boiler or industrial furnace are subject to
ch. NR 662 .
NR 666.101(2)
(2) Transporters. Transporters of hazardous waste that is burned in a boiler or industrial furnace are subject to
ch. NR 663.
NR 666.101(3)(a)(a) Owners and operators of facilities that store or treat hazardous waste that is burned in a boiler or industrial furnace are subject to the applicable provisions of
chs. NR 664,
665 and
670, except as provided by
sub. (3) (b). These standards apply to storage and treatment by the burner as well as to storage and treatment facilities operated by intermediaries (processors, blenders, distributors, etc.) between the generator and the burner.
NR 666.101(3)(b)
(b) Owners and operators of facilities that burn, in an onsite boiler or industrial furnace exempt from regulation under the small quantity burner provisions of
s. NR 666.108, hazardous waste that they generate are exempt from the regulations of
chs. NR 664,
665 and
670 applicable to storage units for those storage units that store mixtures of hazardous waste and the primary fuel to the boiler or industrial furnace in tanks that feed the fuel mixture directly to the burner. Storage of hazardous waste prior to mixing with the primary fuel is subject to regulation as prescribed in
par. (a).
