In this section, “state-only regulated waste” means any of the following:
A non-RCRA waste that a state regulates more broadly under its state regulatory program.
A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.
In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall do all of the following:
Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of 40 CFR part 264
NR 660.05 History
History: CR 19-082
: cr. Register August 2020 No. 776
, eff. 9-1-20; correction in (1) (intro.) made under s. 35.17
, Stats., Register August 2020 No. 776
NR 660.07 Notification of hazardous waste activities. NR 660.07(1)(1)
Any person who generates or transports hazardous waste, or owns or operates a facility for the treatment, storage or disposal of hazardous waste, shall notify the department of the activities using EPA Form 8700-12.
Any person who, after the effective date of a rule that makes the person subject to regulation under chs. NR 660
, generates or transports hazardous waste, or owns or operates a facility for the treatment, storage or disposal of hazardous waste shall notify the department of the activities using EPA form 8700-12 within 90 days of the effective date of the rule, unless the person has previously notified EPA or the department.
A separate EPA notification form shall be submitted to the department for each generation site, transportation service and hazardous waste facility.
NR 660.07 History
History: CR 05-032
: cr. Register July 2006 No. 607
, eff. 8-1-06.
NR 660.10 Definitions.
Terms not defined in this section or elsewhere in chs. NR 660
have the meanings given them in ch. 291
, Stats. When used in chs. NR 660
, the following terms have the following meanings:
“Above ground tank" means a device meeting the definition of “tank" in this section and that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank (including the tank bottom) is able to be visually inspected.
“Active life" of a facility means the period from the initial receipt of hazardous waste at the facility until the department receives certification of final closure.
“Active portion" means that portion of a facility where treatment, storage or disposal operations are being or have been conducted after August 1, 2006 and which is not a closed portion.
NR 660.10 Note
Note: See also “closed portion" and “inactive portion."
“AES filing compliance date” means the date that EPA announces in the Federal Register, on or after which exporters of hazardous waste and exporters of cathode ray tubes for recycling are required to file EPA information in the Automated Export System or its successor system, under the International Trade Data System, ITDS, platform.
“Airbag waste” means any hazardous waste airbag module or hazardous waste airbag inflator.
“Airbag waste collection facility” means any facility that receives airbag waste from an airbag waste handler subject to regulation under s. NR 661.0004 (10)
, and accumulates the waste for more than 10 days.
“Airbag waste handler” means any person, by site, who generates airbag waste that is subject to regulation under this chapter.
“Ancillary equipment" means any device including, but not limited to, such devices as piping, fittings, flanges, valves and pumps, that is used to distribute, meter or control the flow of hazardous waste from its point of generation to a storage or treatment tank or tanks, between hazardous waste storage and treatment tanks to a point of disposal onsite, or to a point of shipment for disposal off-site.
“Aquifer" means a geologic formation, group of formations or part of a formation capable of yielding a significant amount of ground water to wells or springs.
“Authorized representative" means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.
“Battery" means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.
“Boiler" means an enclosed device using controlled flame combustion and having all of the characteristics in par. (a)
or the characteristic in par. (b)
The unit shall have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids or heated gases.
The unit's combustion chamber and primary energy recovery sections shall be of integral design. To be of integral design, the combustion chamber and the primary energy recovery sections (such as waterwalls and superheaters) shall be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery sections are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units.
While in operation, the unit shall maintain a thermal energy recovery efficiency of at least 60%, calculated in terms of the recovered energy compared with the thermal value of the fuel.
The unit shall export and utilize at least 75% of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps).
The unit is one which the department has determined, on a case-by-case basis, to be a boiler, after considering the standards in s. NR 660.32
“Carbon regeneration unit" means any enclosed thermal treatment device used to regenerate spent activated carbon.
“Cathode ray tube” or “CRT” means a vacuum tube, composed primarily of glass, which is the visual or video display component of an electronic device. A used, intact CRT means a CRT whose vacuum has not been released. A used, broken CRT means glass removed from its housing or casing whose vacuum has been released.
“Central accumulation area” means any on-site hazardous waste accumulation area with hazardous waste accumulating in units subject to either s. NR 662.016
for small quantity generators or s. NR 662.017
for large quantity generators. A central accumulation area at an eligible academic entity that chooses to operate is also subject to s. NR 662.211
when accumulating unwanted material or hazardous waste.
“Certification” means a statement of professional opinion based upon knowledge and belief.
“Closed portion" means that portion of a facility which an owner or operator has closed according to the approved facility closure plan and all applicable closure requirements.
NR 660.10 Note
Note: See also “active portion" and “inactive portion."
“Component" means either the tank or ancillary equipment of a tank system.
“Confined aquifer" means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.
“Contained” means held in a unit, including a land-based unit as defined in this subchapter, that meets all of the following criteria:
The unit is in good condition, with no leaks or other continuing or intermittent unpermitted releases of the hazardous secondary material to the environment, and is designed, as appropriate for the hazardous secondary material, to prevent releases of hazardous secondary material into the environment. Unpermitted releases are releases that are not covered by a permit, such as a permit to discharge to water or air, and may include releases through surface transport by precipitation runoff, releases to soil and groundwater, wind-blown dust, fugitive air emissions, and catastrophic unit failures.
The unit is properly labeled or otherwise has a system, such as a log, to immediately identify the hazardous secondary material in the unit.
The unit holds hazardous secondary material that is compatible with other hazardous secondary material placed in the unit and is compatible with the materials used to construct the unit and addresses any potential risks of fires or explosions.
Hazardous secondary material in units that meet the applicable requirements under chs. NR 664
are presumptively contained for the purposes of this subsection.
“Container" means any portable device in which a material is stored, transported, treated, disposed of or otherwise handled.
“Contingency plan" means a document setting out an organized, planned and coordinated course of action to be followed in case of a fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
“Corrosion expert" means a person who, by reason of the person's knowledge of the physical sciences and the principles of engineering and mathematics, acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. The person shall be certified as being qualified by the national association of corrosion engineers (NACE) or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks.
“Construct" means to engage in a program of on-site construction including but not limited to the erection or building of new structures, replacement, expansion, remodeling, alteration or extension of existing structures, the acquisition and installation of initial equipment associated with the new or expanded, remodeled structures, and site clearing, grading, dredging or landfilling.
“Critical habitat" means any habitat determined by the department to be critical to the continued existence of any threatened or endangered species listed in ch. NR 27
means a person who receives used, intact CRTs for recycling, repair, resale, or donation.
“CRT exporter" means any person in the United States who initiates a transaction to send used CRTs outside the United States or its territories for recycling or reuse, or any intermediary in the United States arranging for such export.
“CRT glass manufacturer”
means an operation or part of an operation that uses a furnace to manufacture CRT glass.
means conducting all of the following activities:
Intentionally breaking intact CRTs or further breaking or separating broken CRTs.
“CWA" or “Clean Water Act" means the Federal Water Pollution Control Act, 33 USC 1251
, and regulations adopted under that act.
“Department" means the Wisconsin department of natural resources.
“Department of transportation" or “DOT" means the U.S. department of transportation.
“Designated facility” means any of the following:
A hazardous waste, treatment, storage or disposal facility that meets one of the following conditions:
If a waste is destined to a facility in an authorized state that has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility shall be a facility allowed by the receiving state to accept such waste.
“Destination facility" means a facility that treats, disposes of or recycles a particular category of universal waste, except those management activities described in subs. (1)
of ss. NR 673.13
. A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.
“Dike" means an embankment or ridge of either natural or human-made materials used to prevent the movement of liquids, sludges, solids or other materials.
“Dioxins and furans (D/F)" means tetra, penta, hexa, hepta and octa-chlorinated dibenzo dioxins and furans.
“Discharge" or “hazardous waste discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous waste into or on any land or water.
“Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.
“Disposal facility" means a facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure. The term disposal facility does not include a corrective action management unit into which remediation wastes are placed.
“Drip pad" means an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation and surface water run-on to an associated collection system at wood preserving plants.
“Electronic import-export reporting compliance date” means the date that EPA announces in the Federal Register, on or after which exporters, importers, and receiving facilities are required to submit certain export and import related documents to EPA using EPA's waste import export tracking system, or its successor system.
“Electronic manifest" or “e-manifest" means the electronic format of the hazardous waste manifest that is obtained from EPA's national e-manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700-22, Manifest, and 8700-22A, Continuation Sheet.
“Electronic manifest system" or “e-manifest system" means EPA's national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.
“Elementary neutralization unit" means a device which meets all of the following conditions:
Is used for neutralizing wastes that are hazardous only because they exhibit the corrosivity characteristic defined in s. NR 661.0022
, or they are listed in subch. D of ch. NR 661
only for this reason.
Meets the definition of tank, tank system, container, transport vehicle or vessel in this section.
“Enforceable document” means a special order, variance, license or plan approval issued by the department.
“EPA” or “U.S. EPA” means the United States environmental protection agency.
“EPA administrator" means the administrator of the EPA or anyone designated to act for the administrator of the EPA.