Register July 2017 No. 739
Chapter NR 668
HAZARDOUS WASTE LAND DISPOSAL RESTRICTIONS
Subchapter A — General
Purpose, scope and applicability.
Definitions applicable in this chapter.
Dilution prohibited as a substitute for treatment.
Treatment surface impoundment exemption.
Procedures for case-by-case extensions to an effective date.
Petitions to allow land disposal of a waste prohibited under subch. C.
Testing, tracking and recordkeeping requirements for generators, treaters and disposal facilities.
Special rules regarding wastes that exhibit a characteristic.
Subchapter B — Schedule for Land Disposal Prohibition and Establishment of Treatment Standards
Surface impoundment exemptions.
Subchapter C — Prohibitions on Land Disposal
Waste specific prohibitions – Dyes or pigments production wastes.
Waste specific prohibitions — wood preserving wastes.
Waste specific prohibitions — dioxin-containing wastes.
Waste specific prohibitions — soils exhibiting the toxicity characteristic for metals and containing PCBs.
Waste specific prohibitions — chlorinated aliphatic wastes.
Waste specific prohibitions — toxicity characteristic metal wastes.
Waste specific prohibitions — petroleum refining wastes.
Waste specific prohibitions — inorganic chemical wastes.
Waste specific prohibitions — ignitable and corrosive characteristic wastes whose treatment standards were vacated.
Waste specific prohibitions — newly identified organic toxicity characteristic wastes and newly listed coke by-product and chlorotoluene production wastes.
Waste specific prohibitions — spent aluminum potliners, reactive and carbamate wastes.
Subchapter D — Treatment Standards
Applicability of treatment standards.
Treatment standards expressed as concentrations in waste extract.
Treatment standards expressed as specified technologies.
Treatment standards expressed as waste concentrations.
Variance from a treatment standard.
Treatment standards for hazardous debris.
Alternative treatment standards based on HTMR.
Universal treatment standards.
Alternative LDR treatment standards for contaminated soil.
Subchapter E — Prohibitions on Storage
Prohibitions on storage of restricted wastes.
Ch. NR 668 Note
This chapter is similar to federal regulations contained in 40 CFR part 268
, revised as of July 1, 2003.
NR 668.01 Purpose, scope and applicability. NR 668.01(1)(1)
This chapter identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may continue to be land disposed.
Except as specifically provided otherwise in this chapter or ch. NR 661
, the requirements of this chapter apply to persons who generate or transport hazardous waste and owners and operators of hazardous waste treatment, storage and disposal facilities.
Restricted wastes may continue to be land disposed if any of the following conditions are met:
The EPA administrator has granted an extension to the effective date of a prohibition under 40 CFR 268.5
with respect to those wastes covered by the extension.
The EPA administrator has granted an exemption from a prohibition pursuant to a petition under 40 CFR 268.6
, with respect to those wastes and units covered by the petition.
The wastes are hazardous only because they exhibit a hazardous characteristic, unless the wastes are subject to a specified method of treatment other than DEACT in s. NR 668.40
, or are D003 reactive cyanide and the wastes meet subds. 1.
and subd. 4.
The wastes are managed in a treatment system which subsequently discharges to waters of the state pursuant to a permit issued under ch. 283, Stats.
The wastes are treated for purposes of the pretreatment requirements of ch. 283, Stats.
The wastes are managed in a zero discharge system engaged in CWA-equivalent treatment as defined in s. NR 668.37
The wastes no longer exhibit a prohibited characteristic at the point of land disposal (i.e., placement in a surface impoundment).
The requirements of this chapter may not affect the availability of a waiver under 42 USC 9621
All of the following hazardous wastes are not subject to this chapter:
Waste generated by very small quantity generators of less than 100 kilograms (220 pounds) of non-acute hazardous waste or less than one kilogram (2.2 pounds) of acute hazardous waste per month, as defined in s. NR 662.220
Wastes identified or listed as hazardous after November 8, 1984 for which EPA has not promulgated land disposal prohibitions or treatment standards.
De minimis losses of characteristic wastes to wastewaters are not considered to be prohibited wastes and are defined as losses from normal material handling operations (e.g., spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials). The following are also considered to be de minimus losses: minor leaks of process equipment, storage tanks or containers; leaks from well-maintained pump packings and seals; sample purgings; and relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; rinsate from empty containers or from containers that are rendered empty by that rinsing; and laboratory wastes not exceeding one % of the total flow of wastewater into the facility's headworks on an annual basis, or with a combined annualized average concentration not exceeding one part per million in the headworks of the facility's wastewater treatment or pretreatment facility.
Universal waste handlers and universal waste transporters, as defined in s. NR 660.10
, are exempt from ss. NR 668.07
for all of the following hazardous wastes.