NR 661.09 Requirements for universal waste.
Subchapter B — Criteria for Identifying the Characteristics of Hazardous
Waste and for Listing Hazardous Waste
NR 661.10 Criteria for identifying the characteristics of hazardous waste.
NR 661.11 Criteria for listing hazardous waste.
Subchapter C — Characteristics of Hazardous Waste
NR 661.20 General.
NR 661.21 Ignitability characteristic.
NR 661.22 Corrosivity characteristic.
NR 661.23 Reactivity characteristic.
NR 661.24 Toxicity characteristic.
Subchapter D — Lists of Hazardous Wastes
NR 661.30 General.
NR 661.31 Hazardous wastes from non−specific sources.
NR 661.32 Hazardous wastes from specific sources.
NR 661.33 Discarded commercial chemical products, off−specification species, container residues and spill residues thereof.
NR 661.35 Deletion of certain hazardous waste codes following equipment cleaning and replacement.
Subchapter E—Exclusions and Exemptions
NR 661.38 Comparable or syngas fuel exclusion.
NR 661.39 Conditional exclusion for used, broken cathode ray tubes (CRTs) and processed CRT glass undergoing recycling.
NR 661.40 Conditional exclusion for used, intact cathode ray tubes (CRTs) exported for recycling.
NR 661.41 Notification and recordkeeping for used, intact cathode ray tubes (CRTs) exported for reuse.
SECTION 12. NR 661.03 (1) (b) 4. a., b., d., f. and g. are repealed and recreated to read:
NR 661.03 (1) (b) 4. a. One or more of the following solvents listed in s. NR 661.31: benzene, carbon tetrachloride, tetrachloroethylene, trichloroethylene, or the scrubber waters derived-from the combustion of these spent solvents, provided that the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility’s wastewater treatment or pretreatment system does not exceed one part per millions, or the total measured concentration of these solvents entering the headworks of the facility’s wastewater treatment system (at facilities subject to regulation under the Clean Air Act, as amended, at 40 CFR parts 60, 61 or 63, or at facilities subject to an enforceable limit in a state operating permit that minimizes fugitive emissions), does not exceed 1 part per million on an average weekly basis. Any facility that uses benzene as a solvent and claims this exemption shall use an aerated biological wastewater treatment system and shall use only lined surface impoundments or tanks prior to secondary clarification in the wastewater treatment system. Facilities that choose to measure concentration levels shall file a copy of their sampling and analysis plan with the department. A facility shall file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility’s operations. The sampling and analysis plan shall include the monitoring point location (headworks), the sampling frequency and methodology and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the department. The department may reject the sampling and analysis plan if it finds that the sampling and analysis plan fails to include the above information or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the department rejects the sampling and analysis plan or if the department finds that the facility is not following the sampling and analysis plan, the department shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected. b. One or more of the following spent solvents listed in s. NR 661.31: methylene chloride, 1,1,1 trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents, 2- ethoxyethanol, or the scrubber waters derived-from the combustion of these spent solvents, provided that the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility’s wastewater treatment or pretreatment system does not exceed 25 parts per million, or the total measured concentration of these solvents entering the headworks of the facility’s wastewater treatment system (at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61 or 63, or at facilities subject to an enforceable limit in a state operating permit that minimizes fugitive emissions), does not exceed 25 parts per million on an average weekly basis. Facilities that choose to measure concentration levels shall file a copy of their sampling and analysis plan with the department. A facility shall file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility’s operations. The sampling and analysis plan shall include the monitoring point location (headworks), the sampling frequency and methodology and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the department. The department may reject the sampling and analysis plan if it finds that the sampling and analysis plan fails to include the above information or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the department rejects the sampling and analysis plan or if the department finds that the facility is not following the sampling and analysis plan, the department shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected. d. A discarded hazardous waste, commercial chemical product or chemical intermediate listed in ss. NR 661.31 to 661.33, arising from de minimis losses of these materials. For purposes of this subdivision paragraph, de minimis losses are inadvertent releases to a wastewater treatment system, including those from normal material handling operations (e.g., spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials); minor leaks of process equipment, storage tanks or containers; leaks from well maintained pump packings and seals; sample purgings; relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; and rinsate from empty containers or from containers that are rendered empty by that rinsing. Any manufacturing facility that claims an exemption for de minimis quantities of wastes listed in ss. NR 661.31 to 661.32, or any nonmanufacturing facility that claims an exemption for de minimis quantities of wastes listed in subch. D shall either have eliminated the discharge of wastewaters or have included in its WPDES permit application or submission to its pretreatment control authority the constituents for which each waste was listed (in ch. NR 661, Appendix VII); and the constituents in the table Treatment Standards for Hazardous Wastes in s. NR 668.40 for which each waste has a treatment standard (i.e., land disposal restriction constituents). A facility is eligible to claim the exemption once the department has been notified of possible de minimis releases via the WPDES permit application or the pretreatment control authority submission. A copy of the WPDES permit application or the submission to the pretreatment control authority shall be placed in the facility’s on-site files. f. One or more of the following wastes listed in s. NR 661.32: wastewaters from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157), provided that the maximum weekly usage of formaldehyde, methyl chloride, methylene chloride and triethylamine (including all amounts that cannot be demonstrated to be reacted in the process, destroyed through treatment, or is recovered, i.e., what is discharged or volatilized) divided by the average weekly flow of process wastewater prior to any dilution into the headworks of the facility’s wastewater treatment system does not exceed a total of 5 parts per million by weight or the total measured concentration of these chemicals entering the headworks of the facility’s wastewater treatment system (at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61 or 63, or at facilities subject to an enforceable limit in a state operating permit that minimizes fugitive emissions), does not exceed 5 parts per million on an average weekly basis. Facilities that choose to measure concentration levels shall file copy of their sampling and analysis plan with the department. A facility shall file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility’s operations. The sampling and analysis plan shall include the monitoring point location (headworks), the sampling frequency and methodology and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the department. The department may reject the sampling and analysis plan if it finds that the sampling and analysis plan fails to include the above information or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the department rejects the sampling and analysis plan or if the Director finds that the facility is not following the sampling and analysis plan, the department shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected. g. Wastewaters derived-from the treatment of one or more of the following wastes listed in s. NR 661.32: organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates and decantates) from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K156) provided that the maximum concentration of formaldehyde, methyl chloride, methylene chloride and triethylamine prior to any dilutions into the headworks of the facility’s wastewater treatment system does not exceed a total of 5 milligrams per liter or the total measured concentration of these chemicals entering the headworks of the facility’s wastewater treatment system (at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61 or 63, or at facilities subject to an enforceable limit in a state operating permit that minimizes fugitive emissions), does not exceed 5 milligrams per liter on an average weekly basis. Facilities that choose to measure concentration levels shall file copy of their sampling and analysis plan with the department. A facility shall file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility’s operations. The sampling and analysis plan shall include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the department. The department may reject the sampling and analysis plan if it finds that the sampling and analysis plan fails to include the above information or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the department rejects the sampling and analysis plan or if the department finds that the facility is not following the sampling and analysis plan, the department shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected. SECTION 13. NR 661.03 (1) (b) 5. is amended to read:
NR 661.03 (1) (b) 5. Used oil containing more than 1,000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in subch. D. Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from EPA SW-846, incorporated by reference in s. NR 660.11, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in ch. NR 661 Appendix VIII). a. The rebuttable presumption does not apply to metalworking oils or fluids containing chlorinated paraffins, if they are processed, through a tolling agreement, to reclaim metalworking oils or fluids. The presumption does apply to metalworking oils or fluids if the oils or fluids are recycled in any other manner, or disposed.
b. The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.
SECTION 14. NR 661.04 (1) (i) 3. e. is amended to read:
NR 661.04 (1) (i) 3. e. Prior to operating under this exclusion, the plant owner or operator submits to the department a one-time notification stating that the plant intends to claim the exclusion, giving the date on which the plant intends to begin operating under the exclusion and containing the following language: “I have read the applicable rule establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand it requires me to comply at all times with the conditions set out in the rule.” The plant shall maintain a copy of that document in its on-site records for a period of no less than 3 years from the date specified in the notice until closure of the facility. The exclusion applies only so long as the plant meets all of the conditions. If the plant goes out of compliance with any condition, it may apply to the department for reinstatement. The department may reinstate the exclusion upon finding that the plant has returned to compliance with all conditions and that the violations are not likely to recur.
SECTION 15. NR 661.04 (1) (v) is created to read:
NR 661.04 (1) (v).
1. Used, intact CRTs as defined in s. NR 660.10 are not solid wastes unless they are disposed, or unless they are speculatively accumulated as defined in s. NR 661.01 (3) (h) by CRT collectors or glass processors. 2. Used, intact CRTs as defined in s. NR 660.10 are not solid wastes when exported for recycling provided that they meet the requirements of s. NR 661.40. 3. Used, broken CRTs as defined in s. NR 661.10 are not solid wastes provided that they meet the requirements of s. NR 661.39. 4. Glass removed from CRTs is not a solid waste provided that it meets the requirements of s. NR 661.39(3). SECTION 16. NR 661.04 (1) (z) is created to read:
NR 661.04 (1) (z) Solvent-contaminated wipes that are sent for cleaning and reuse are not solid wastes from the point of generation, provided that:
1. The solvent-contaminated wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers that are labeled ‘‘Excluded Solvent-Contaminated Wipes’’. The containers must be able to contain free liquids, should free liquids occur. During accumulation, a container is considered closed when there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove solvent-contaminated wipes. When the container is full, or when the solvent-contaminated wipes are no longer being accumulated, or when the container is being transported, the container must be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions.
2. The solvent-contaminated wipes may be accumulated by the generator for up to 180 days from the start date of accumulation for each container prior to being sent for cleaning.
3. At the point of being sent for cleaning on-site or at the point of being transported off-site for cleaning, the solvent-contaminated wipes must contain no free liquids, as defined in s. NR 660.10. 4. Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes must be managed according to the applicable regulations found in chs. NR 660 to 673. 5. Generators must maintain at their site the following documentation:
a. Name and address of the laundry or dry cleaner that is receiving the solvent-contaminated wipes.
b. Documentation that the 180-day accumulation time limit in subd. 2. is being met.
c. Description of the process the generator is using to ensure the solvent-contaminated wipes contain no free liquids at the point of being laundered or dry cleaned on-site or at the point of being transported off-site for laundering or dry cleaning.
SECTION 17. NR 661.04 (2) (o) is repealed and recreated to read:
NR 661.04 (2) (o) Leachate or gas condensate collected from landfills where certain solid wastes have been disposed, provided that:
1. The solid wastes disposed would meet one or more of the listing descriptions for hazardous waste codes K169, K170, K171, K172, K174, K175, K176, K177, K178 and K181 if these wastes had been generated after the effective date of the listing.
2. The solid wastes described in subd. 1. were disposed prior to the effective date of the listing.
3. The leachate or gas condensate do not exhibit any characteristic of hazardous waste nor are derived from any other listed hazardous waste.
4. Discharge of the leachate or gas condensate, including leachate or gas condensate transferred from the landfill to a POTW by truck, rail or dedicated pipe is regulated under ch. 283, Stats., or 33 USC § 1317 (b) or 1342. 5. As of February 13, 2001, leachate or gas condensate derived from K169–K172 is no longer exempt if it is stored or managed in a surface impoundment prior to discharge. As of November 21, 2003, leachate or gas condensate derived from K176, K177 and K178 is no longer exempt if it is stored or managed in a surface impoundment prior to discharge. After February 26, 2007, leachate or gas condensate derived from K181 is no longer exempt if it is stored or managed in a surface impoundment prior to discharge. There is one exception: if the surface impoundment is used to temporarily store leachate or gas condensate in response to an emergency situation (e.g., shutdown of wastewater treatment system), provided the impoundment has a double liner, and provided the leachate or gas condensate is removed from the impoundment and continues to be managed in compliance with the conditions of this subdivision after the emergency ends.
SECTION 18. NR 661.04 (2) (r) is created to read:
NR 661.04 (2) (r) Solvent-contaminated wipes, except for wipes that are hazardous waste due to the presence of trichloroethylene, that are sent for disposal are not hazardous wastes from the point of generation provided that:
1. The solvent-contaminated wipes, when accumulated, stored and transported, are contained in non-leaking, closed containers that are labeled ‘‘Excluded Solvent- Contaminated Wipes’’. The containers must be able to contain free liquids, should free liquids occur. During accumulation, a container is considered closed when there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove solvent-contaminated wipes. When the container is full, or when the solvent-contaminated wipes are no longer being accumulated, or when the container is being transported, the container must be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions.
2. The solvent-contaminated wipes may be accumulated by the generator for up to 180 days from the start date of accumulation for each container prior to being sent for disposal.
3. At the point of being transported for disposal, the solvent-contaminated wipes must contain no free liquids, as defined in s. NR 660.10. 4. Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes must be managed according to the applicable regulations found in chs. NR 660 to 673. 5. Generators must maintain at their site the following documentation:
a. Name and address of the landfill or combustor that is receiving the solvent-contaminated wipes.
b. Documentation that the 180 day accumulation time limit in subd. 2. is being met.
c. Description of the process the generator is using to ensure solvent-contaminated wipes contain no free liquids at the point of being transported for disposal.
6. The solvent-contaminated wipes are sent for disposal to any of the following:
b. To a municipal waste combustor or other combustion facility regulated under 42 USC 7429, or to a hazardous waste combustor, boiler, or industrial furnace regulated under chs. NR 664, 665 or subch. H of ch. NR 666. SECTION 19. NR 661.04 (6) (i) (intro.) is amended to read:
NR 661.04 (6) (i) (intro.) The facility prepares and submits a report to the department by March 15 of each year that estimates the number of studies and the amount of waste expected to be used in treatability studies during the current year, and includes all of the following information for the previous calendar year:
SECTION 20. NR 661.07 (1) (a) is amended to read:
NR 661.07 (1) (a) Any hazardous waste remaining in either an empty container or an inner liner removed from an empty container, as defined in sub. (2), is not subject to this chapter, chs. NR 662 to 665, 667, 668 or 670, or s. NR 660.07.
