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NR 661.0004(1)(z)6. 6. The solvent-contaminated wipes are sent to a laundry or dry cleaner whose discharge, if any, is regulated under 33 USC 1311 and 33 USC 1342 or 33 USC 1317, and ch. 283, Stats.
NR 661.0004(1)(za) (za) Hazardous secondary material that is generated and then transferred to another person for the purpose of remanufacturing is not a solid waste, provided that all of the following are met:
NR 661.0004(1)(za)1. 1. The hazardous secondary material consists of one or more of the following spent solvents: toluene, xylenes, ethylbenzene, 1,2,4-trimethylbenzene, chlorobenzene, n-hexane, cyclohexane, methyl tert-butyl ether, acetonitrile, chloroform, chloromethane, dichloromethane, methyl isobutyl ketone, NN-dimethylformamide, tetrahydrofuran, n-butyl alcohol, ethanol, or methanol.
NR 661.0004(1)(za)2. 2. The hazardous secondary material originated from using one or more of the solvents listed in subd. 1. in a commercial grade for reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines associated with these functions, in the pharmaceutical manufacturing, NAICS 325412, basic organic chemical manufacturing, NAICS 325199, plastics and resins manufacturing, NAICS 325211, or the paints and coatings manufacturing, NAICS 325510, sectors. All NAICS categories are incorporated by reference in s. NR 660.11.
NR 661.0004(1)(za)3. 3. The hazardous secondary material generator sends the hazardous secondary material spent solvents listed in subd. 1. to a remanufacturer in the pharmaceutical manufacturing, NAICS 325412, basic organic chemical manufacturing, NAICS 325199, plastics and resins manufacturing, NAICS 325211, or the paints and coatings manufacturing, NAICS 325510, sectors.
NR 661.0004(1)(za)4. 4. After remanufacturing one or more of the solvents listed in subd. 1., the use of the remanufactured solvent shall be limited to reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines associated with these functions, in the pharmaceutical manufacturing, NAICS 325412, basic organic chemical manufacturing, NAICS 325199, plastics and resins manufacturing, NAICS 325211, and the paints and coatings manufacturing, NAICS 325510, sectors or to using them as ingredients in a product. These allowed uses correspond to chemical functional uses enumerated under the Chemical Data Reporting Rule of the Toxic Substances Control Act, 40 CFR parts 704 and 710 to 711, including Industrial Function Codes U015, solvents consumed in a reaction to produce other chemicals, and U030, solvents become part of the mixture.
NR 661.0004(1)(za)5. 5. After remanufacturing one or more of the solvents listed in subd. 1., the use of the remanufactured solvent does not involve cleaning or degreasing oil, grease, or similar material from textiles, glassware, metal surfaces, or other articles. These disallowed continuing uses correspond to chemical functional uses in Industrial Function Code U029 under the Chemical Data Reporting Rule of the Toxics Substances Control Act.
NR 661.0004(1)(za)6. 6. Both the hazardous secondary material generator and the remanufacturer shall do all of the following:
NR 661.0004(1)(za)6.a. a. Notify the department and update the notification every 2 years per s. NR 660.42. The generator shall notify the department that the hazardous secondary material has been transferred to a remanufacturer. The remanufacturer shall notify the department that the hazardous secondary material has been received from the generator for remanufacturing.
NR 661.0004(1)(za)6.b. b. Develop and maintain an up-to-date remanufacturing plan that identifies all of the following:
1) The name, address and EPA ID number of the generator and the remanufacturer.
2) The types and estimated annual volumes of spent solvents to be remanufactured.
3) The processes and industry sectors that generated the spent solvents.
4) The specific uses and industry sectors for the remanufactured solvents.
5) A certification from the remanufacturer stating “On behalf of [insert remanufacturer facility name], I certify that this facility is a remanufacturer under pharmaceutical manufacturing, NAICS 325412, basic organic chemical manufacturing, NAICS 325199, plastics and resins manufacturing, NAICS 325211, or the paints and coatings manufacturing sectors, NAICS 325510, and will accept the spent solvent for the sole purpose of remanufacturing into commercial-grade solvent that will be used for reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines associated with these functions or for use as product ingredient. I also certify that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls in compliance with the appropriate Clean Air Act regulation codified under 40 CFR part 60, 61, or 63, or subject to ch. NR 440, subchs. III and IV of ch. NR 446, or chs. NR 447 to 469, or, absent such Clean Air Act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, are in compliance with the appropriate standards in subchs. AA, BB, and CC of ch. NR 661.”
NR 661.0004(1)(za)6.c. c. Maintain records of shipments and confirmations of receipts for a period of 3 years from the dates of the shipments.
NR 661.0004(1)(za)6.d. d. Prior to remanufacturing, store the hazardous spent solvents in tanks or containers that meet technical standards found in subchs. I and J, with the tanks and containers being labeled or otherwise having an immediately available record of the material being stored.
NR 661.0004(1)(za)6.e. e. During remanufacturing, and during storage of the hazardous secondary material prior to remanufacturing, the remanufacturer certifies that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls in compliance with the appropriate Clean Air Act regulation codified under 40 CFR part 60, 61, or 63, or subject to ch. NR 440, subchs. III and IV of ch. NR 446, or chs. NR 447 to 469; or, absent such Clean Air Act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, are in compliance with the appropriate standards in subchs. AA, BB, and CC.
NR 661.0004(1)(za)6.f. f. Meet the requirements prohibiting speculative accumulation under s. NR 661.0001 (3) (h).
NR 661.0004(2) (2) Solid wastes that are not hazardous wastes. All of the following solid wastes are not hazardous wastes:
NR 661.0004(2)(a) (a) Household waste, including household waste that has been collected, transported, stored, treated, disposed, recovered, such as refuse-derived fuel, or reused, except if the hazardous waste in this waste stream is separated for management at a collection facility regulated under subch. HH of ch. NR 666. “Household waste” means any material, including garbage, trash and sanitary wastes in septic tanks, derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas. A resource recovery facility managing municipal solid waste may not be deemed to be treating, storing, disposing of or otherwise managing hazardous wastes for the purposes of regulation under chs. NR 660 to 673, if the facility does all of the following:
NR 661.0004(2)(a)1. 1. Receives and burns only the following:
NR 661.0004(2)(a)1.a. a. Household waste from single and multiple dwellings, hotels, motels, and other residential sources.
NR 661.0004(2)(a)1.b. b. Solid waste from commercial or industrial sources that does not contain hazardous waste.
NR 661.0004(2)(a)2. 2. Does not accept hazardous wastes and the owner or operator of the facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in the facility.
NR 661.0004(2)(b) (b) Solid wastes generated by any of the following and that are returned to the soils as fertilizers:
NR 661.0004(2)(b)1. 1. The growing and harvesting of agricultural crops.
NR 661.0004(2)(b)2. 2. The raising of animals, including animal manures.
NR 661.0004(2)(c) (c) Mining overburden returned to the mine site.
NR 661.0004(2)(d) (d) All of the following:
NR 661.0004(2)(d)1. 1. Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels, except as provided by s. NR 666.112 for facilities that burn or process hazardous waste.
NR 661.0004(2)(d)2. 2. All of the following wastes generated primarily from processes that support the combustion of coal or other fossil fuels that are co-disposed with the wastes in subd. 1., except as provided by s. NR 666.112 for facilities that burn or process hazardous waste:
NR 661.0004(2)(d)2.a. a. Coal pile run-off. For the purposes of par. (d), “coal pile run-off” means any precipitation that drains off coal piles.
NR 661.0004(2)(d)2.b. b. Boiler cleaning solutions. For the purposes of par. (d), “boiler cleaning solutions” means water solutions and chemical solutions used to clean the fire-side and water-side of the boiler.
NR 661.0004(2)(d)2.c. c. Boiler blowdown. For the purposes of par. (d), “boiler blowdown” means water purged from boilers used to generate steam.
NR 661.0004(2)(d)2.d. d. Process water treatment and demineralizer regeneration wastes. For the purposes of par. (d), “process water treatment and demineralizer regeneration wastes” means sludges, rinses, and spent resins generated from processes to remove dissolved gases, suspended solids, and dissolved chemical salts from combustion system process water.
NR 661.0004(2)(d)2.e. e. Cooling tower blowdown. For the purposes of par. (d), “cooling tower blowdown” means water purged from a closed cycle cooling system. Closed cycle cooling systems include cooling towers, cooling ponds, or spray canals.
NR 661.0004(2)(d)2.f. f. Air heater and precipitator washes. For the purposes of par. (d), “air heater and precipitator washes” means wastes from cleaning air preheaters and electrostatic precipitators.
NR 661.0004(2)(d)2.g. g. Effluents from floor and yard drains and sumps. For the purposes of par. (d), “effluents from floor and yard drains and sumps” means wastewaters, such as wash water, collected by or from floor drains, equipment drains, and sumps located inside the power plant building; and wastewaters, such as rain runoff, collected by yard drains and sumps located outside the power plant building.
NR 661.0004(2)(d)2.h. h. Wastewater treatment sludges. For the purposes of par. (d), “wastewater treatment sludges” refers to sludges generated from the treatment of wastewaters specified in subd. 2. a. to f.
NR 661.0004(2)(e) (e) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas or geothermal energy.
NR 661.0004(2)(f) (f) All of the following:
NR 661.0004(2)(f)1. 1. Wastes that fail the test for the Toxicity Characteristic specified in s. NR 661.0024 because chromium is present or are listed in subch. D due to the presence of chromium, which do not fail the test for the Toxicity Characteristic for any other constituent or are not listed due to the presence of any other constituent, and which do not fail the test for any other characteristic, if it is shown by a waste generator or by waste generators that all of the following apply:
NR 661.0004(2)(f)1.a. a. The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium.
NR 661.0004(2)(f)1.b. b. The waste is generated from an industrial process that uses trivalent chromium exclusively, or nearly exclusively, and the process does not generate hexavalent chromium.
NR 661.0004(2)(f)1.c. c. The waste is typically and frequently managed in non-oxidizing environments.
NR 661.0004(2)(f)2. 2. Specific wastes that meet the standard in subd. 1. a. to c., so long as they do not fail the test for the Toxicity Characteristic for any other constituent, and do not exhibit any other characteristic, are any of the following:
NR 661.0004(2)(f)2.a. a. Chrome blue trimmings generated by the following subcategories of the leather tanning and finishing industry: hair pulp or chrome tan or retan or wet finish, hair save or chrome tan or retan or wet finish, retan or wet finish, no beamhouse, through-the-blue, and shearling.
NR 661.0004(2)(f)2.b. b. Chrome blue shavings generated by the following subcategories of the leather tanning and finishing industry: hair pulp or chrome tan or retan or wet finish, hair save or chrome tan or retan or wet finish, retan or wet finish, no beamhouse, through-the-blue, and shearling.
NR 661.0004(2)(f)2.c. c. Buffing dust generated by the following subcategories of the leather tanning and finishing industry: hair pulp or chrome tan or retan or wet finish, hair save or chrome tan or retan or wet finish, retan or wet finish, no beamhouse, through-the-blue.
NR 661.0004(2)(f)2.d. d. Sewer screenings generated by the following subcategories of the leather tanning and finishing industry: hair pulp or chrome tan or retan or wet finish, hair save or chrome tan or retan or wet finish, retan or wet finish, no beamhouse, through-the-blue, and shearling.
NR 661.0004(2)(f)2.e. e. Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; and through-the-blue.
NR 661.0004(2)(f)2.f. f. Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; and through-the-blue.
NR 661.0004(2)(f)2.g. g. Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries.
NR 661.0004(2)(f)2.h. h. Wastewater treatment sludges from the production of TiO2 pigment using chromium-bearing ores by the chloride process.
NR 661.0004(2)(g) (g) Solid waste from the extraction, beneficiation, and processing of ores and minerals, including coal, phosphate rock, and overburden from the mining of uranium ore, except as provided under s. NR 666.112 for facilities that burn or process hazardous waste.
NR 661.0004(2)(g)1. 1. For the purposes of this paragraph, beneficiation of ores and minerals is restricted to the following activities: crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briquetting; calcining to remove water or carbon dioxide; roasting, autoclaving, or chlorination in preparation for leaching, except where the roasting, autoclaving, chlorination, or leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing; gravity concentration; magnetic separation; electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank, and in situ leaching.
NR 661.0004(2)(g)2. 2. For the purposes of this paragraph, solid waste from the processing of ores and minerals includes only the following wastes as generated:
NR 661.0004(2)(g)2.a. a. Slag from primary copper processing.
NR 661.0004(2)(g)2.b. b. Slag from primary lead processing.
NR 661.0004(2)(g)2.c. c. Red and brown muds from bauxite refining.
NR 661.0004(2)(g)2.d. d. Phosphogypsum from phosphoric acid production.
NR 661.0004(2)(g)2.e. e. Slag from elemental phosphorus production.
NR 661.0004(2)(g)2.f. f. Gasifier ash from coal gasification.
NR 661.0004(2)(g)2.g. g. Process wastewater from coal gasification.
NR 661.0004(2)(g)2.h. h. Calcium sulfate wastewater treatment plant sludge from primary copper processing.
NR 661.0004(2)(g)2.i. i. Slag tailings from primary copper processing.
NR 661.0004(2)(g)2.j. j. Fluorogypsum from hydrofluoric acid production.
NR 661.0004(2)(g)2.k. k. Process wastewater from hydrofluoric acid production.
NR 661.0004(2)(g)2.L. L. Air pollution control dust/sludge from iron blast furnaces.
NR 661.0004(2)(g)2.m. m. Iron blast furnace slag.
NR 661.0004(2)(g)2.n. n. Treated residue from roasting/leaching of chrome ore.
NR 661.0004(2)(g)2.o. o. Process wastewater from primary magnesium processing by the anhydrous process.
NR 661.0004(2)(g)2.p. p. Process wastewater from phosphoric acid production.
NR 661.0004(2)(g)2.q. q. Basic oxygen furnace and open hearth furnace air pollution control dust/sludge from carbon steel production.
NR 661.0004(2)(g)2.r. r. Basic oxygen furnace and open hearth furnace slag from carbon steel production.
NR 661.0004(2)(g)2.s. s. Chloride process waste solids from titanium tetrachloride production.
NR 661.0004(2)(g)2.t. t. Slag from primary zinc processing.
NR 661.0004(2)(g)3. 3. A residue derived from co-processing mineral processing secondary material with normal beneficiation raw materials or with normal mineral processing raw materials remains excluded under this subsection if the owner or operator does all of the following:
NR 661.0004(2)(g)3.a. a. Processes at least 50 percent by weight normal beneficiation raw materials or normal mineral processing raw materials.
NR 661.0004(2)(g)3.b. b. Legitimately reclaims the secondary mineral processing materials.
NR 661.0004(2)(h) (h) Cement kiln dust waste, except as provided by s. NR 666.112 for facilities that burn or process hazardous waste.
NR 661.0004(2)(i) (i) Solid waste that consists of discarded arsenical-treated wood or wood products that fails the test for the Toxicity Characteristic for Hazardous Waste Codes D004 through D017 and that is not a hazardous waste for any other reason if the waste is generated by persons who utilize the arsenical-treated wood and wood products for these materials' intended end use.
NR 661.0004(2)(j) (j) Petroleum-contaminated media and debris that fail the test for the Toxicity Characteristic specified in s. NR 661.0024 for any of the hazardous waste codes D018 through D043 only, and are subject to the corrective action rules under chs. ATCP 93 and NR 706.
NR 661.0004(2)(L) (L) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use.
NR 661.0004(2)(m) (m) Non-terne plated used oil filters that are not mixed with wastes listed in subch. D if these oil filters have been gravity hot-drained using one of the following methods:
NR 661.0004(2)(m)1. 1. Puncturing the filter anti-drain back valve or the filter dome end and hot-draining.
NR 661.0004(2)(m)2. 2. Hot-draining and crushing.
NR 661.0004(2)(m)3. 3. Dismantling and hot-draining.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.