NR 662.087(3)(a)1. 1. A copy of each notification of intent to export and all written consents obtained from the competent authorities of concerned countries for a period of at least 3 years from the date the hazardous waste was accepted by the initial transporter.
NR 662.087(3)(a)2. 2. A copy of each annual report for a period of at least 3 years from the due date of the report.
NR 662.087(3)(a)3. 3. A copy of any exception reports and a copy of each confirmation of delivery (i.e., tracking documentation) sent by the recovery facility to the notifier for at least 3 years from the date the hazardous waste was accepted by the initial transporter or received by the recovery facility, whichever is applicable.
NR 662.087(3)(b) (b) The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the EPA administrator.
NR 662.087 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 662.089 NR 662.089OECD waste lists.
NR 662.089(1) (1) For the purposes of this subchapter, a waste is considered hazardous under U.S. national procedures, and hence subject to this subchapter, if all of the following are true:
NR 662.089(1)(a) (a) The waste meets the federal definition of hazardous waste in 40 CFR 261.3.
NR 662.089(1)(b) (b) The waste is subject to the manifesting requirements of subch. B, except as required by s. NR 662.220 (5) (f) and (6) (f), 662.191 or the universal waste management standards of ch. NR 673.
NR 662.089(2) (2) If a waste is hazardous under sub. (1) and it appears on the amber or red list, it is subject to amber- or red-list requirements respectively.
NR 662.089(3) (3) If a waste is hazardous under sub. (1) and it does not appear on either amber or red lists, it is subject to red-list requirements.
NR 662.089(4) (4) The appropriate control procedures for hazardous wastes and hazardous waste mixtures are addressed in s. NR 662.082.
NR 662.089(5) (5) The OECD Green List of Wastes (revised May 1994), Amber List of Wastes and Red List of Wastes (both revised May 1993) as set forth in Appendix 3, Appendix 4 and Appendix 5, respectively, to the OECD Council Decision C(92)39/FINAL (Concerning the Control of Transfrontier Movements of Wastes Destined for Recovery Operations) are incorporated by reference. On July 11, 1996, the director of the federal register approved these incorporations by reference in accordance with 5 USC 552(a) and 1 CFR part 51. These materials are incorporated as they exist on the date of the approval and a notice of any change in these materials will be published in the federal register.
NR 662.089 Note Note: The materials are available for inspection at: the Office of the Federal Register, 800 North Capitol Street, NW, suite 700, Washington, DC; the U.S. Environmental Protection Agency, RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, first floor, Arlington, VA 22203 (Docket # F-94-IEHF-FFFFF) and may be obtained from the Organization for Economic Cooperation and Development, Environment Directorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France.
NR 662.089 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
subch. J of ch. NR 662 Subchapter J — Small Quantity Generators
NR 662.190 NR 662.190Applicability.
NR 662.190(1) (1) A generator is a small quantity generator in a calendar month if the generator generates greater than 100 kilograms (220 pounds) but less than 1,000 kilograms (2,205 pounds) of hazardous waste in that month.
NR 662.190(2) (2) The requirements in subchs. A to H apply to small quantity generators, except for all of the following:
NR 662.190(2)(a) (a) The manifest requirements of s. NR 662.191 may apply instead of subch. B.
NR 662.190(2)(b) (b) The accumulation requirements of s. NR 662.192 shall apply instead of s. NR 662.034.
NR 662.190(2)(c) (c) The recordkeeping and reporting requirements of s. NR 662.193 shall apply instead of subch. D.
NR 662.190 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) Register July 2017 No. 739, eff. 8-1-17.
NR 662.191 NR 662.191Conditional manifest exemption. The manifest requirements of subch. B do not apply to hazardous waste produced by small quantity generators where all of the following conditions are met:
NR 662.191(1) (1) The waste is reclaimed under a contractual agreement pursuant to which all of the following conditions are met:
NR 662.191(1)(a) (a) The type of waste and frequency of shipments are specified in the agreement.
NR 662.191(1)(b) (b) The vehicle used to transport the waste to the recycling facility and to deliver regenerated material back to the generator is owned and operated by the reclaimer of the waste.
NR 662.191(2) (2) The generator maintains a copy of the reclamation agreement in the generator's files for a period of at least 3 years after termination or expiration of the agreement.
NR 662.191 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 662.192 NR 662.192Special accumulation requirements.
NR 662.192(1)(1)One hundred and eighty-day accumulation time. A small quantity generator may accumulate hazardous waste on-site for 180 days or less without an operating license or interim license provided that all of the following conditions are met:
NR 662.192(1)(a) (a) Accumulation limit. The quantity of waste accumulated on-site never exceeds 6,000 kilograms (13,230 pounds).
NR 662.192(1)(b) (b) Accumulation in containers. The generator complies with the requirements of subch. I of ch. NR 665, except for ss. NR 665.0176 and 665.0178.
NR 662.192(1)(c) (c) Accumulation in tanks. The generator complies with the requirements of s. NR 662.194.
NR 662.192(1)(d) (d) Preparedness and prevention, land disposal restrictions and marking and labeling. The generator complies with the requirements of subch. C of ch. NR 665, s. NR 668.07 (1) (e) and all of the following conditions:
NR 662.192(1)(d)1. 1. The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container.
NR 662.192(1)(d)2. 2. While being accumulated on-site, each container and tank is labeled or marked clearly with the words, “Hazardous Waste".
NR 662.192(1)(e) (e) Emergency procedures and personnel training. The generator complies with all of the following requirements:
NR 662.192(1)(e)1. 1. At all times there shall be at least one employee either on the premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures specified in subd. 4. This employee is the emergency coordinator.
NR 662.192(1)(e)2. 2. The generator shall post all of the following information next to the telephone:
NR 662.192(1)(e)2.a. a. The name and telephone number of the emergency coordinator.
NR 662.192(1)(e)2.b. b. Location of fire extinguishers and spill control material, and, if present, fire alarm.
NR 662.192(1)(e)2.c. c. The telephone number of the fire department, unless the facility has a direct alarm.
NR 662.192(1)(e)3. 3. The generator shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.
NR 662.192(1)(e)4. 4. The emergency coordinator or a designee shall respond to any emergencies that arise. The applicable responses are as follows:
NR 662.192(1)(e)4.a. a. In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher.
NR 662.192(1)(e)4.b. b. In the event of a spill, contain the flow of hazardous waste to the extent possible, and as soon as is practicable, clean up the hazardous waste and any contaminated materials or soil.
NR 662.192(1)(e)4.c. c. In the event of a fire, explosion or other release which could threaten human health outside the facility or when the generator has knowledge that a spill has reached surface water, the generator shall immediately notify the national response center (using their 24-hour toll free number 800/424-8802). The report shall include all of the following information:
1) The name, address and U.S. EPA identification number of the generator.
2) Date, time and type of incident ( e.g., spill or fire).
3) Quantity and type of hazardous waste involved in the incident.
4) Extent of injuries, if any.
5) Estimated quantity and disposition of recovered materials, if any.
NR 662.192(1)(e)4.d. d. In the event of a release or discharge, the generator shall give notice to the division of emergency management at (800) 943-0003 and comply with the requirements of s. 292.11, Stats., and ch. NR 706.
NR 662.192(2) (2)Two hundred and seventy-day accumulation time. Small quantity generators who must transport their own hazardous waste, or offer their own hazardous waste for transportation, over a distance of 200 miles or more for off-site treatment, storage or disposal may accumulate hazardous waste on-site for 270 days or less without an operating license or interim license provided that the generators comply with the requirements of sub. (1).
NR 662.192(3) (3)Storage facility licensing and accumulation time extension. A small quantity generator who accumulates hazardous waste in quantities exceeding 6,000 kg (13,230 pounds) or accumulates hazardous waste for more than 180 days (or for more than 270 days if the generator must transport the waste, or offer the waste for transportation, over a distance of 200 miles or more) is an operator of a storage facility and is subject to the requirements of chs. NR 664 and 665 and the license requirements of ch. NR 670 unless the generator has been granted an extension to the 180-day (or 270-day if applicable) period. An extension may be granted by the department if hazardous wastes must remain on-site for longer than 180 days (or 270 days if applicable) due to unforeseen, temporary and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the department on a case-by-case basis.
NR 662.192(4) (4)Satellite accumulation.
NR 662.192(4)(a)(a) A small quantity generator may accumulate as much as 55 gallons of hazardous waste or one quart of acutely hazardous waste listed in s. NR 661.33 (5) in containers at or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste, without an operating license or interim license and without complying with subs. (1) and (2) provided the generator does all of the following:
NR 662.192(4)(a)2. 2. Marks the containers either with the words “Hazardous Waste" or with other words that identify the contents of the containers.
NR 662.192(4)(b) (b) A generator who accumulates either hazardous waste or acutely hazardous waste listed in s. NR 661.33 (5) in excess of the amounts listed in par. (a) at or near any point of generation shall, with respect to that amount of excess waste, comply within 3 days with subs. (1) and (2) or other applicable provisions of chs. NR 660 to 670. During the 3-day period the generator shall continue to comply with par. (a) 1. and 2. The generator shall mark the container holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.
NR 662.192(5) (5)Rejected waste shipments. A small quantity generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of s. NR 664.0072 or 665.0072 may accumulate the returned waste on-site in accordance with subs. (1), (2) and (3), depending on the amount of hazardous waste on-site in that calendar month. Upon receipt of the returned shipment, the generator shall do one of the following:
NR 662.192(5)(a) (a) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest.
NR 662.192(5)(b) (b) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.
NR 662.192 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 06-102: cr. (5) Register March 2007 No. 615, eff. 4-1-07.
NR 662.193 NR 662.193Special recordkeeping and reporting requirements. A small quantity generator is subject only to all of the following recordkeeping and reporting requirements:
NR 662.193(1) (1)Recordkeeping.
NR 662.193(1)(a)(a) A generator shall keep a copy of each manifest signed in accordance with s. NR 662.023 (1) for 3 years or until the generator receives a signed copy from the designated facility which received the waste. This signed copy shall be retained as a record for at least 3 years from the date the waste was accepted by the initial transporter.
NR 662.193(1)(b) (b) A generator shall keep records of any test results, waste analyses or other determinations made in accordance with s. NR 662.011 for at least 3 years from the date that the waste was last sent to on-site or off-site treatment, storage or disposal.
NR 662.193(1)(c) (c) The generator shall keep a copy of each annual report for a period of at least 3 years from the due date of the report.
NR 662.193(1)(d) (d) The periods or retention referred to in this subsection are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the department.
NR 662.193(2) (2)Exception reporting. A small quantity generator who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter shall submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the department.
NR 662.193 Note Note: The submission to the department need only be a handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the return copy was not received.
NR 662.193(3) (3)Annual reporting. A small quantity generator is subject to the annual reporting requirements in s. NR 662.041 (1) and (2).
NR 662.193(4) (4)Additional reporting. The department may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in ch. NR 661.
NR 662.193 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 662.194 NR 662.194Special requirements for accumulating in tanks.
NR 662.194(1)(1)Applicability. The requirements of this section apply to small quantity generators who accumulate hazardous waste in tanks for less than 180 days (or 270 days if the generator must ship the waste greater than 200 miles) and do not accumulate over 6,000 kg (13,230 pounds) on-site at any time.
NR 662.194(2) (2)General operating requirements. Generators shall comply with all of the following requirements:
NR 662.194(2)(a) (a) Treatment or storage of hazardous waste in tanks shall comply with s. NR 665.0017 (2).
NR 662.194(2)(b) (b) Hazardous wastes or treatment reagents may not be placed in a tank if they could cause the tank or its inner liner to rupture, leak, corrode or otherwise fail before the end of its intended life.
NR 662.194(2)(c) (c) Uncovered tanks shall be operated to ensure at least 60 centimeters (2 feet) of freeboard, unless the tank is equipped with a containment structure (e.g., dike or trench), a drainage control system or a diversion structure (e.g., standby tank) with a capacity that equals or exceeds the volume of the top 60 centimeters (2 feet) of the tank.
NR 662.194(2)(d) (d) Where hazardous waste is continuously fed into a tank, the tank shall be equipped with a means to stop this inflow (e.g., waste feed cutoff system or by-pass system to a stand-by tank).
NR 662.194 Note Note: These systems are intended to be used in the event of a leak or overflow from the tank due to a system failure (e.g., a malfunction in the treatment process, a crack in the tank, etc.).
NR 662.194(3) (3)Inspections. Except as noted in sub. (6), generators shall inspect all of the following, where present:
NR 662.194(3)(a) (a) Tank discharge control equipment (e.g., waste feed cutoff systems, by-pass systems and drainage systems) at least once each operating day, to ensure that it is in good working order.
NR 662.194(3)(b) (b) Data gathered from monitoring equipment (e.g., pressure and temperature gauges) at least once each operating day to ensure that the tank is being operated according to its design.
NR 662.194(3)(c) (c) The level of waste in the tank at least once each operating day to ensure compliance with sub. (2) (c).
NR 662.194(3)(d) (d) The construction materials of the tank at least weekly to detect corrosion or leaking of fixtures or seams.
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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.