Chapter NR 661

2) The name, address, and telephone number of the facility that will perform the treatability study.

3) The quantity of the sample.

4) The date of shipment.

5) A description of the sample, including its EPA hazardous waste number.

NR 661.0004(5)(b)4. 4. The sample is shipped to a laboratory or testing facility that is exempt under s. NR 661.0004 (6) or has an appropriate RCRA permit or interim status, or hazardous waste license under s. 291.25, Stats.

NR 661.0004(5)(b)5. 5. The generator or sample collector maintains all of the following records for a period ending 3 years after completion of the treatability study:

NR 661.0004(5)(b)5.a. a. Copies of the shipping documents.

NR 661.0004(5)(b)5.b. b. A copy of the contract with the facility conducting the treatability study.

NR 661.0004(5)(b)5.c. c. Documentation showing all of the following:

1) The amount of waste shipped under this exemption.

2) The name, address, and EPA identification number of the laboratory or testing facility that received the waste.

3) The date the shipment was made.

4) Whether or not unused samples and residues were returned to the generator.

NR 661.0004(5)(b)6. 6. The generator reports the information required under subd. 5. c. in its annual report.

NR 661.0004(5)(c) (c) The department may grant requests on a case-by-case basis for up to an additional 2 years for treatability studies involving bioremediation. The department may grant requests on a case-by-case basis for quantity limits in excess of those specified in par. (b) 1. and 2., and sub. (6) (d), for up to an additional 5,000 kg of media contaminated with non-acute hazardous waste, 500 kg of non-acute hazardous waste, 2,500 kg of media contaminated with acute hazardous waste and 1 kg of acute hazardous waste for any of the following reasons:

NR 661.0004(5)(c)1. 1. In response to requests for authorization to ship, store and conduct treatability studies on additional quantities in advance of commencing treatability studies. Factors to be considered in reviewing such requests include the nature of the technology, the type of process, such as batch versus continuous, size of the unit undergoing testing, particularly in relation to scale-up considerations, the time and quantity of material required to reach steady state operating conditions, or test design considerations such as mass balance calculations.

NR 661.0004(5)(c)2. 2. In response to requests for authorization to ship, store and conduct treatability studies on additional quantities after initiation or completion of initial treatability studies, when any of the following apply: there has been an equipment or mechanical failure during the conduct of a treatability study, there is a need to verify the results of a previously conducted treatability study, there is a need to study and analyze alternative techniques within a previously evaluated treatment process, or there is a need to do further evaluation of an ongoing treatability study to determine final specifications for treatment.

NR 661.0004(5)(c)3. 3. The additional quantities and timeframes allowed in subds. 1. and 2. are subject to all of the provisions in par. (a) and par. (b) 3. to 6. The generator or sample collector shall apply to the department and provide in writing all of the following information:

NR 661.0004(5)(c)3.a. a. The reason the generator or sample collector requires additional time or quantity of sample for treatability study evaluation and the additional time or quantity needed.

NR 661.0004(5)(c)3.b. b. Documentation accounting for all samples of hazardous waste from the waste stream that have been sent for or undergone treatability studies including the date each previous sample from the waste stream was shipped, the quantity of each previous shipment, the laboratory or testing facility to which it was shipped, what treatability study processes were conducted on each sample shipped, and the available results on each treatability study.

NR 661.0004(5)(c)3.c. c. A description of the technical modifications or change in specifications that will be evaluated and the expected results.

NR 661.0004(5)(c)3.d. d. If such further study is being required due to equipment or mechanical failure, the applicant shall include information regarding the reason for the failure or breakdown and also include what procedures or equipment improvements have been made to protect against further breakdowns.

NR 661.0004(5)(c)3.e. e. Other information that the department considers necessary.

NR 661.0004(5)(d) (d) In order to qualify for the exemption in par. (a) 1., the mass of a sample that will be exported to a foreign laboratory or testing facility, or that will be imported to a U.S. laboratory or testing facility from a foreign source, shall additionally not exceed 25 kg.

NR 661.0004(6) (6) Samples undergoing treatability studies at laboratories and testing facilities. Samples undergoing treatability studies and the laboratory or testing facility conducting such treatability studies, to the extent such facilities are not otherwise subject to chs. NR 660 to 670, are not subject to any requirement under this chapter, chs. NR 662 to 670, or to the notification requirements under s. NR 660.07 provided that all of the conditions under pars. (a) to (k) are met. A mobile treatment unit, or MTU, may qualify as a testing facility subject to pars. (a) to (k). Where a group of MTUs are located at the same site, the limitations in pars. (a) to (k) apply to the entire group of MTUs collectively as if the group were one MTU.

NR 661.0004(6)(a) (a) No less than 45 days before conducting treatability studies, the facility notifies the department in writing that it intends to conduct treatability studies under this subsection.

NR 661.0004(6)(b) (b) The laboratory or testing facility conducting the treatability study has an EPA identification number.

NR 661.0004(6)(c) (c) No more than a total of 10,000 kg of “as received” media contaminated with non-acute hazardous waste, 2,500 kg of media contaminated with acute hazardous waste or 250 kg of other “as received” hazardous waste is subject to initiation of treatment in all treatability studies in any single day. For the purpose of this paragraph, “as received” means waste as received in the shipment from the generator or sample collector.

NR 661.0004(6)(d) (d) The quantity of “as received” hazardous waste stored at the facility for the purpose of evaluation in treatability studies does not exceed 10,000 kg, the total of which may include 10,000 kg of media contaminated with non-acute hazardous waste, 2,500 kg of media contaminated with acute hazardous waste, 1,000 kg of non-acute hazardous wastes other than contaminated media, and 1 kg of acute hazardous waste. This quantity limitation does not include treatment materials, including nonhazardous solid waste, added to “as received” hazardous waste.

NR 661.0004(6)(e) (e) No more than 90 days have elapsed since the treatability study for the sample was completed, or no more than one year, or 2 years for treatability studies involving bioremediation, have elapsed since the generator or sample collector shipped the sample to the laboratory or testing facility, whichever date first occurs. Up to 500 kg of treated material from a particular waste stream from treatability studies may be archived for future evaluation up to 5 years from the date of initial receipt. Quantities of materials archived are counted against the total storage limit for the facility.

NR 661.0004(6)(f) (f) The treatability study does not involve the placement of hazardous waste on the land or open burning of hazardous waste.

NR 661.0004(6)(g) (g) The facility maintains records for 3 years following completion of each study that show compliance with the treatment rate limits and the storage time and quantity limits. All of the following information shall be included for each treatability study conducted:

NR 661.0004(6)(g)1. 1. The name, address, and EPA identification number of the generator or sample collector of each waste sample.

NR 661.0004(6)(g)2. 2. The date the shipment was received.

NR 661.0004(6)(g)3. 3. The quantity of waste accepted.

NR 661.0004(6)(g)4. 4. The quantity of “as received” waste in storage each day.

NR 661.0004(6)(g)5. 5. The date the treatment study was initiated and the amount of “as received” waste introduced to treatment each day.

NR 661.0004(6)(g)6. 6. The date the treatability study was concluded.

NR 661.0004(6)(g)7. 7. The date any unused sample or residues generated from the treatability study were returned to the generator or sample collector or, if sent to a designated facility, the name of the facility and the EPA identification number.

NR 661.0004(6)(h) (h) The facility keeps, on-site, a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility for a period ending 3 years from the completion date of each treatability study.

NR 661.0004(6)(i) (i) The facility prepares and submits a report to the department, by March 15 of each year, that includes all of the following information for the previous calendar year:

NR 661.0004(6)(i)1. 1. The name, address, and EPA identification number of the facility conducting the treatability studies.

NR 661.0004(6)(i)2. 2. The types, by process, of treatability studies conducted.

NR 661.0004(6)(i)3. 3. The names and addresses of persons for whom studies have been conducted, including their EPA identification numbers.

NR 661.0004(6)(i)4. 4. The total quantity of waste in storage each day.

NR 661.0004(6)(i)5. 5. The quantity and types of waste subjected to treatability studies.

NR 661.0004(6)(i)6. 6. When each treatability study was conducted.

NR 661.0004(6)(i)7. 7. The final disposition of residues and unused sample from each treatability study.

NR 661.0004(6)(j) (j) The facility determines whether any unused sample or residues generated by the treatability study are hazardous waste under s. NR 661.0003 and, if so, are subject to chs. NR 661 to 670, unless the residues and unused samples are returned to the sample originator under the sub. (5) exemption.

NR 661.0004(6)(k) (k) The facility notifies the department by letter when the facility is no longer planning to conduct any treatability studies at the site.

NR 661.0004(10) (10) Airbag waste.

NR 661.0004(10)(a) (a) Airbag waste at the airbag waste handler or during transport to an airbag waste collection facility or designated facility is not subject to regulation under chs. NR 662 to 668 or ch. NR 670, and is not subject to the notification requirements under s. NR 660.07 provided all of the following are met:

NR 661.0004(10)(a)1. 1. The airbag waste is accumulated in a quantity of no more than 250 airbag modules or airbag inflators, for no longer than 180 days.

NR 661.0004(10)(a)2. 2. The airbag waste is packaged in a container designed to address the risk posed by the airbag waste and labeled “Airbag Waste-Do Not Reuse.”

NR 661.0004(10)(a)3. 3. The airbag waste is sent directly to one of the following facilities:

NR 661.0004(10)(a)3.a. a. An airbag waste collection facility in the United States under the control of a vehicle manufacturer or its authorized representative, or under the control of an authorized party administering a remedy program in response to a recall under the National Highway Traffic Safety Administration.

NR 661.0004(10)(a)3.b. b. A designated facility as defined in s. NR 660.10 (21).

NR 661.0004(10)(a)4. 4. The transport of the airbag waste complies with all applicable U.S. Department of Transportation regulations under 49 CFR parts 171 to 180 during transit.

NR 661.0004(10)(a)5. 5. The airbag waste handler maintains at the handler facility, for no less than 3 years, records of all off-site shipments of airbag waste and all confirmations of receipt from the receiving facility. For each shipment, these records shall, at a minimum, contain the name of the transporter and date of the shipment; name and address of receiving facility; and the type and quantity of airbag waste in the shipment. Confirmations of receipt shall include the name and address of the receiving facility; the type and quantity of the airbag waste received; and the date on which it was received. Shipping records and confirmations of receipt shall be made available for inspection and may be satisfied by routine business records, such as electronic or paper financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt.

NR 661.0004(10)(b) (b) Once the airbag waste arrives at an airbag waste collection facility or designated facility, it becomes subject to all applicable hazardous waste regulations, and the facility receiving airbag waste is considered the hazardous waste generator for the purposes of the hazardous waste regulations and shall comply with the requirements under ch. NR 662.

NR 661.0004(10)(c) (c) Reuse in vehicles of defective airbag modules or defective airbag inflators subject to a recall under the National Highway Traffic Safety Administration is considered sham recycling and prohibited under s. NR 661.0002 (7).

NR 661.0004 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (d) 2. a. to h., (6) (c) made under s. 13.92 (4) (b) 7., Stats., and correction in (1) (h) (intro.), (j), (L) 1., (q) 4. a., 6., (u) 3. (intro.), (w) 1. a. to c., 2. a., (x) 2., 5. a. to c., (y) 1. b., (z) 6., (za) 4., 6. b., e., f., (2) (d) 2. a. to h., (f) 1. (intro.), 2. e., f., (g) 1., 2. (intro.), 3. (intro.) (4) (a) (intro.), (5) (a) (intro.), (c) 3. (intro.), (6) (intro.), (10) (a) 4. made under s. 35.17, Stats., Register August 2020 No. 776; correction in (5) (a) (intro.) made under s. 13.92 (4) (b) 7., Stats., and renum. (5) (c) 4. to (5) (d) under s. 13.92 (4) (b) 1., Stats., Register April 2021 No. 784.

NR 661.0006 NR 661.0006 Requirements for recyclable materials.

NR 661.0006(1) (1) 

NR 661.0006(1)(a) (a) Except for the materials listed in pars. (b) and (c), hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities under subs. (2) and (3). Hazardous wastes that are recycled will be known as “recyclable materials.”

NR 661.0006(1)(b) (b) The following recyclable materials are not subject to the requirements of this section but are regulated under subchs. C to N of ch. NR 666 and all applicable provisions in chs. NR 668 and 670:

NR 661.0006(1)(b)1. 1. Recyclable materials used in a manner constituting disposal, as specified in subch. C of ch. NR 666.

NR 661.0006(1)(b)2. 2. Hazardous wastes burned, as defined in s. NR 666.100 (1), in boilers and industrial furnaces that are not regulated under subch. O of ch. NR 664, subch. O of ch. NR 665, or subch. H of ch. NR 666.

NR 661.0006(1)(b)3. 3. Recyclable materials from which precious metals are reclaimed as specified in subch. F of ch. NR 666.

NR 661.0006(1)(b)4. 4. Spent lead-acid batteries that are being reclaimed, as specified in subch. G of ch. NR 666.

NR 661.0006(1)(c) (c) The following recyclable materials are not subject to regulation under chs. NR 662 to 670, and are not subject to the notification requirements specified in s. NR 660.07:

NR 661.0006(1)(c)1. 1. Industrial ethyl alcohol that is reclaimed, except that exports and imports of such recyclable materials shall comply with the requirements under subch. H of ch. NR 662 and all of the following:

NR 661.0006(1)(c)1.a. a. A person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, shall comply with the requirements applicable to a primary exporter in s. NR 662.083 (7) and (9), shall export such materials only upon consent of the receiving country and in conformance with the EPA acknowledgment of consent, as defined in subch. H of ch. NR 662, and shall provide a copy of the EPA acknowledgment of consent to the shipment to the transporter transporting the shipment for export.

NR 661.0006(1)(c)1.b. b. A transporter transporting a shipment for export may not accept a shipment if the transporter knows the shipment does not conform to the EPA acknowledgment of consent. The transporter shall ensure that a copy of the EPA acknowledgment of consent accompanies the shipment and shall ensure that it is delivered to the facility designated by the person initiating the shipment.

NR 661.0006(1)(c)2. 2. Scrap metal that is not excluded under s. NR 661.0004 (1) (m).

NR 661.0006(1)(c)3. 3. Fuels produced from the refining of oil-bearing hazardous waste along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, and transportation practices. This exemption does not apply to fuels produced from oil recovered from oil-bearing hazardous waste, where such recovered oil is already excluded under s. NR 661.0004 (1) (L).

NR 661.0006(1)(c)4. 4. Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from such hazardous wastes, where such hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil so long as the resulting fuel meets the used oil specification under s. NR 679.11 and so long as no other hazardous wastes are used to produce the hazardous waste fuel.

NR 661.0006(1)(c)5. 5. Hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining production and transportation practices, where such hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, so long as the fuel meets the used oil fuel specification under s. NR 679.11.

NR 661.0006(1)(c)6. 6. Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, in which reclaimed oil is burned as a fuel without reintroduction to a refining process, so long as the reclaimed oil meets the used oil fuel specification under s. NR 679.11.

NR 661.0006(1)(d) (d) Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic is not subject to the requirements under chs. NR 660 to 668, but is regulated under ch. NR 679. Used oil that is recycled includes any used oil that is reused, following its original use, for any purpose, including the purpose for which the oil was originally used. This includes oil which is re-refined, reclaimed, burned for energy recovery, or reprocessed.

NR 661.0006(1)(e) (e) Hazardous waste that is exported or imported for purpose of recovery is subject to the requirements under subch. H of ch. NR 662.

NR 661.0006(2) (2) Except as provided in sub. (1), generators and transporters of recyclable materials are subject to the applicable requirements specified in chs. NR 662 and 663 and the notification requirements under s. NR 660.07.

NR 661.0006(3) (3) 

NR 661.0006(3)(a) (a) Except as provided in sub. (1), owners and operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of subchs. A to L, AA, BB, and CC of chs. NR 664 and 665, and under chs. NR 666 to 670, and the notification requirements under s. NR 660.07. Except as provided in sub. (4), the recycling process itself is exempt from regulation.

NR 661.0006(3)(b) (b) Except as provided in sub. (1), owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to all of the following requirements:

NR 661.0006(3)(b)1. 1. Notification requirements under ss. NR 660.07.

NR 661.0006(3)(b)2. 2. Sections NR 665.0071 and 665.0072 dealing with the use of the manifest and manifest discrepancies.

NR 661.0006(3)(b)3. 3. Subsection (4).

NR 661.0006(3)(b)4. 4. Section NR 665.0075 dealing with the annual reporting requirements.