NR 661.0032(4)(c)11.b. b. The annual testing requirements are reinstated if the manufacturing or waste treatment processes generating the wastes are significantly altered, resulting in an increase of the potential for the wastes to exceed the listing levels.
NR 661.0032(4)(c)11.c. c. If the annual testing requirements are suspended, the generator shall keep records of the process knowledge information used to support a nonhazardous determination. If testing is reinstated, a description of the process change shall be retained.
NR 661.0032(4)(d) (d) Recordkeeping for the landfill disposal and combustion exemptions. For the purposes of meeting the landfill disposal and combustion condition set out in the K181 listing description, the generator shall maintain on site for 3 years documentation demonstrating that each shipment of waste was received by a landfill unit that is subject to or meets the landfill design standards set out in the listing description, or was treated in combustion units as specified in the listing description.
NR 661.0032(4)(e) (e) Waste holding and handling. During the interim period, from the point of generation to completion of the hazardous waste determination, the generator is responsible for storing the wastes appropriately. If the wastes are determined to be hazardous and the generator has not complied with the hazardous waste requirements during the interim period, the generator may be subject to an enforcement action for improper management.
NR 661.0032 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; renum. (2) (a) to (2) under s. 13.92 (4) (b) 1., Stats., and correction in (1) (Table) under s. 35.17, Stats., Register August 2020 No. 776.
NR 661.0033 NR 661.0033Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof. All of the following materials or items are hazardous wastes if and when they are discarded or intended to be discarded as described in s. NR 661.0002 (1) (b) 1., when they are mixed with waste oil or used oil or other material and applied to the land for dust suppression or road treatment, when they are otherwise applied to the land in lieu of their original intended use or when they are contained in products that are applied to the land in lieu of their original intended use, or when, in lieu of their original intended use, they are produced for use as, or as a component of, a fuel, distributed for use as a fuel, or burned as a fuel.
NR 661.0033(1) (1) Any commercial chemical product, or manufacturing chemical intermediate having the generic name listed in sub. (5) or (6).
NR 661.0033(2) (2) Any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in sub. (5) or (6).
NR 661.0033(3) (3) Any residue remaining in a container or in an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name listed in sub. (5) or (6), unless the container is empty as defined in s. NR 661.0007 (2) or 666.507.
NR 661.0033 Note Note: Unless the residue is being beneficially used or reused, or legitimately recycled or reclaimed; or being accumulated, stored, transported or treated prior to such use, re-use, recycling or reclamation, the department considers the residue to be intended for discard, and thus, a hazardous waste. An example of a legitimate re-use of the residue would be where the residue remains in the container and the container is used to hold the same commercial chemical product or manufacturing chemical intermediate it previously held. An example of the discard of the residue would be where the drum is sent to a drum reconditioner who reconditions the drum but discards the residue.
NR 661.0033(4) (4) Any residue or contaminated soil, water or other debris resulting from the cleanup of a spill into or on any land or water of any commercial chemical product or manufacturing chemical intermediate having the generic name listed in sub. (5) or (6), or any residue or contaminated soil, water or other debris resulting from the cleanup of a spill, into or on any land or water, of any off-specification chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in sub. (5) or (6).
NR 661.0033 Note Note: The phrase “commercial chemical product or manufacturing chemical intermediate having the generic name listed in...” refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in sub. (5) or (6). Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in sub. (5) or (6), such waste will be listed in either s. NR 661.0031 or 661.0032 or will be identified as a hazardous waste by the characteristics set forth in subch. C.
NR 661.0033(5) (5) The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products or manufacturing chemical intermediates referred to in subs. (1) to (4) are identified as acute hazardous wastes (H).
NR 661.0033 Note Note: For convenience, the primary hazardous properties of these materials have been indicated by the letters `T' for toxicity, and `R' for reactivity. Absence of a letter indicates that the compound only is listed for acute toxicity. Wastes are first listed in alphabetical order by substance and then listed again in numerical order by EPA hazardous waste number.
These wastes and their corresponding EPA hazardous waste numbers are: - See PDF for table PDF
1CAS Number given for parent compound only.
NR 661.0033(6) (6) The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products referred to in subs. (1) to (4) are identified as toxic wastes (T) unless otherwise designated.
NR 661.0033 Note Note: For convenience, the primary hazardous properties of these materials have been indicated by the letters `T' for toxicity, `R' for reactivity, `I' for ignitability and `C' for corrosivity. Absence of a letter indicates that the compound is only listed for toxicity. Wastes are first listed in alphabetical order by substance and then listed again in numerical order by EPA hazardous waste number.
These wastes and their corresponding EPA hazardous waste numbers are: - See PDF for table PDF
1CAS Number given for parent compound only.
NR 661.0033 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (3), (5), (6) made under s. 35.17, Stats., Register August 2020 No. 776.
NR 661.0035 NR 661.0035Deletion of certain hazardous waste codes following equipment cleaning and replacement.
NR 661.0035(1)(1)Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 once the generator has met all of the requirements under subs. (2) and (3). These wastes may, however, continue to meet another hazardous waste listing description or may exhibit one or more of the hazardous waste characteristics.
NR 661.0035(2) (2) A generator shall either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the ground water, surface water, or atmosphere.
NR 661.0035(2)(a) (a) A generator shall do one of the following:
NR 661.0035(2)(a)1. 1. Prepare and follow an equipment cleaning plan and clean equipment in accordance with par. (b).
NR 661.0035(2)(a)2. 2. Prepare and follow an equipment replacement plan and replace equipment in accordance with par. (c).
NR 661.0035(2)(a)3. 3. Document cleaning and replacement in accordance with par. (c), carried out after termination of use of chlorophenolic preservations.
NR 661.0035(2)(b) (b) A generator acting under par. (a) 1. shall do all of the following:
NR 661.0035(2)(b)1. 1. Prepare and sign a written equipment cleaning plan that describes:
NR 661.0035(2)(b)1.a. a. The equipment to be cleaned.
NR 661.0035(2)(b)1.b. b. How the equipment will be cleaned.
NR 661.0035(2)(b)1.c. c. The solvent to be used in cleaning.
NR 661.0035(2)(b)1.d. d. How solvent rinses will be tested.
NR 661.0035(2)(b)1.e. e. How cleaning residues will be disposed.
NR 661.0035(2)(b)2. 2. Clean equipment according to all of the following:
NR 661.0035(2)(b)2.a. a. Remove all visible residues from process equipment.
NR 661.0035(2)(b)2.b. b. Rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse.
NR 661.0035(2)(b)3. 3. Meet the following analytical requirements:
NR 661.0035(2)(b)3.a. a. Rinses shall be tested by using an appropriate method.
NR 661.0035(2)(b)3.b. b. “Not detected” means at or below the following lower method calibration limits or MCLs: The 2,3,7,8-TCDD-based MCL—0.01 parts per trillion or ppt, sample weight of 1000 g, IS spiking level of 1 ppt, final extraction volume of 10-50 mL. For other congeners—multiply the values by 1 for TCDF/PeCDD/PeCDF, by 2.5 for HxCDD/HxCDF/HpCDD/HpCDF, and by 5 for OCDD/OCDF.
NR 661.0035(2)(b)4. 4. Manage all residues from the cleaning process as F032 waste.
NR 661.0035(2)(c) (c) A generator acting under par. (a) 2. shall do all of the following:
NR 661.0035(2)(c)1. 1. Prepare and sign a written equipment replacement plan that describes:
NR 661.0035(2)(c)1.a. a. The equipment to be replaced.
NR 661.0035(2)(c)1.b. b. How the equipment will be replaced.
NR 661.0035(2)(c)1.c. c. How the equipment will be disposed.
NR 661.0035(2)(c)2. 2. The generator shall manage the discarded equipment as F032 waste.
NR 661.0035(2)(d)1.1. A generator acting under par. (a) 3. shall document that previous equipment cleaning or replacement was performed in accordance with this section and occurred after cessation of use of chlorophenolic preservatives.
NR 661.0035(3) (3) The generator shall maintain all of the following records documenting the cleaning and replacement as part of the facility's operating record:
NR 661.0035(3)(a) (a) The name and address of the facility.
NR 661.0035(3)(b) (b) Formulations previously used and the date on which their use ceased in each process at the plant.
NR 661.0035(3)(c) (c) Formulations currently used in each process at the plant.
NR 661.0035(3)(d) (d) The equipment cleaning or replacement plan.
NR 661.0035(3)(e) (e) The name and address of any persons who conducted the cleaning and replacement.
NR 661.0035(3)(f) (f) The dates on which cleaning and replacement were accomplished.
NR 661.0035(3)(g) (g) The dates of sampling and testing.
NR 661.0035(3)(h) (h) A description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody of the samples.
NR 661.0035(3)(i) (i) A description of the tests performed, the date the tests were performed, and the results of the tests.
NR 661.0035(3)(j) (j) The name and model numbers of the instrument used in performing the tests.
NR 661.0035(3)(k) (k) Quality assurance/quality control documentation.
NR 661.0035(3)(L) (L) The following statement signed by the generator or the generator's authorized representative: “I certify under penalty of law that all process equipment required to be cleaned or replaced under s. NR 661.0035 was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment.”
NR 661.0035 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.; correction in (2) (b) 4. made under s. 35.17, Stats., Register August 2020 No. 776.
subch. E of ch. NR 661 Subchapter E — Exclusions/Exemptions
NR 661.0039 NR 661.0039Conditional exclusion for used, broken cathode ray tubes, and processed CRT glass undergoing recycling. Used, broken CRTs are not solid wastes if they meet all of the following conditions:
NR 661.0039(1) (1)Prior to processing. These materials are not solid wastes if they are destined for recycling and if they meet all of the following requirements:
NR 661.0039(1)(a) (a) Storage. The broken CRTs shall be handled in one of the following ways:
NR 661.0039(1)(a)1. 1. Stored in a building with a roof, floor, and walls.
NR 661.0039(1)(a)2. 2. Placed in a container or a vehicle that is constructed, filled, and closed to minimize releases to the environment of CRT glass including fine solid materials.
NR 661.0039(1)(b) (b) Labeling. Each container in which the used, broken CRT is contained shall be labeled or marked clearly with one of the following phrases: “Used cathode ray tubes-contains leaded glass” or “Leaded glass from televisions or computers.” The container shall also be labeled: “Do not mix with other glass materials.”
NR 661.0039(1)(c) (c) Transportation. The used, broken CRTs shall be transported in a container meeting the requirements specified in pars. (a) 2. and (b).
NR 661.0039(1)(d) (d) Speculative accumulation and use constituting disposal. The used, broken CRTs are subject to the limitations on speculative accumulation as defined in s. NR 661.0001 (3) (h). If they are used in a manner constituting disposal, they shall comply with the applicable requirements under subch. C of ch. NR 666, instead of the requirements of this section.
NR 661.0039(1)(e) (e) Exports. In addition to the applicable conditions specified in pars. (a) to (d), exporters of used, broken CRTs shall comply with all of the following requirements:
NR 661.0039(1)(e)1. 1. Notify EPA of an intended export before the CRTs are scheduled to leave the United States. A complete notification shall be submitted 60 days before the initial shipment is intended to be shipped off-site. This notification may cover export activities extending over a 12-month or lesser period. The notification shall be in writing, signed by the exporter, and include all of the following information:
NR 661.0039(1)(e)1.a. a. Name, mailing address, telephone number and EPA identification number, if applicable, of the exporter of the CRTs.
NR 661.0039(1)(e)1.b. b. The estimated frequency or rate at which the CRTs are to be exported and the period of time over which they are to be exported.
NR 661.0039(1)(e)1.c. c. The estimated total quantity of CRTs, specified in kilograms.
NR 661.0039(1)(e)1.d. d. All points of entry to and departure from each foreign country through which the CRTs will pass.
NR 661.0039(1)(e)1.e. e. A description of the means by which each shipment of the CRTs will be transported. For example, mode of transportation vehicle such as air, highway, rail, water, and types of containers such as drums, boxes, tanks.
NR 661.0039(1)(e)1.f. f. The name and address of the recycler or recyclers and the estimated quantity of used CRTs to be sent to each facility, as well as the names of any alternate recyclers.
NR 661.0039(1)(e)1.g. g. A description of the manner in which the CRTs will be recycled in the foreign country that will be receiving the CRTs.
NR 661.0039(1)(e)1.h. h. The name of any transit country through which the CRTs will be sent and a description of the approximate length of time the CRTs will remain in each country and the nature of their handling while there.
NR 661.0039(1)(e)2. 2. Notifications shall be submitted electronically using EPA's waste import export tracking system, or its successor system.
NR 661.0039(1)(e)3. 3. Upon request by EPA, the exporter shall furnish to EPA any additional information a receiving country requests in order to respond to a notification.
NR 661.0039(1)(e)4. 4. EPA will provide a complete notification to the receiving country and any transit countries. A notification is complete when EPA receives a notification that EPA determines satisfies the requirements specified in subd. 1.
NR 661.0039(1)(e)5. 5. The export of CRTs is prohibited unless all of the following occur:
NR 661.0039(1)(e)5.a. a. The receiving country consents to the intended export. When the receiving country consents in writing to the receipt of the CRTs, EPA will forward an acknowledgment of consent to export CRTs to the exporter. When the receiving country objects to receipt of the CRTs or withdraws a prior consent, EPA will notify the exporter in writing. EPA will also notify the exporter of any responses from transit countries.
NR 661.0039(1)(e)5.b. b. On or after the automated export system, or AES, filing compliance date of December 31, 2017, the exporter or a U.S. authorized agent shall do all of the following:
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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.