NR 660.11(5)(a)(a) API Publication 2517, Third Edition, February 1989, Evaporative Loss from External Floating-Roof Tanks, incorporated by reference for s. NR 665.1084. NR 660.11(5)(b)(b) American Petroleum Institute Publication, Guide for Inspection of Refinery Equipment, Chapter XIII, “Atmospheric and Low-Pressure Storage Tanks,” 4th edition, 1981, incorporated by reference for s. NR 661.0191 (2). NR 660.11(6)(6) The following materials are available for purchase from the Environmental Protection Agency, Research Triangle Park, NC: NR 660.11(6)(a)(a) Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised, October 1992, EPA Publication No. EPA–450/R–92–019, incorporated by reference for ch. NR 666 Appendix IX. NR 660.11(7)(7) The following materials are available for purchase from the Organisation for Economic Co-operation and Development, Environment Directorate, 2 rue André Pascal, F-75775 Paris Cedex 16, France: NR 660.11(7)(a)(a) Guidance Manual for the Control of Transboundary Movements of Recoverable Wastes, copyright 2009, Annex B: OECD Consolidated List of Wastes Subject to the Green Control Procedure and Annex C: OECD Consolidated List of Wastes Subject to the Amber Control Procedure, IBR approved for ss. NR 662.082 (1), 662.083 (2), (4), and (7), and NR 662.084 (2) and (4). NR 660.11(8)(8) The following Code of Federal Regulation Appendices are available for purchase from Superintendent of Documents, PO Box 371954, Pittsburgh, PA 15250-7954, (866) 512-1800: NR 660.11(8)(k)(k) 40 CFR part 60, Appendix A, Method 3A, Determination of Oxygen and Carbon Dioxide Concentrations in Emissions from Stationary Sources (Instrumental Analyzer Procedure), incorporated by reference for ch. NR 666 Appendix IX. NR 660.11(9)(9) The 1987 Standard Industrial Classification (SIC) is available from the Occupational Safety and Health Administration, 200 Constitution Ave NW, Washington, DC 20210, (800) 321-6742, www.osha.gov, incorporated by reference for ss. NR 661.0003 (3), 661.0004 (1), 661.0032, 668.40, 670.013 (3), and 679.01 (8). NR 660.11(12)(12) References to citations of federal statutes and regulations shall also include any applicable Wisconsin requirements. NR 660.11 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (5) (o) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: r. and recr. Register July 2017 No. 739, eff. 8-1-17; correction in (2) (intro.), (p) to (r), (3) (intro.), (b) (intro.), (4) (intro.), (a), (5) (intro.), (6) (intro.), (7) (intro.), (8) (intro.), (a), (b), (d), (f) to (h), (j), (p) to (za) made under s. 35.17, Stats., and correction in (3) (b) 1., (4) (a) made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739; CR 19-082: am. (2) (a), (f), (3) (b) 1., 8., 11., (4) (a), cr. (5) (b), (c), am. (7) (intro.), r. and recr. (7) (a), cr. (8) (zb), (9) to (12) Register August 2020 No. 776, eff. 9-1-20; correction in (4) (a), (8) (zb) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (4) (a), (7) (a) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784. NR 660.20NR 660.20 General. As provided under s. 227.12, Stats., and ch. NR 2, a person may petition the department to modify or revoke any provision in chs. NR 660 to 673. Section NR 660.21 sets forth additional requirements for petitions to add a testing or analytical method to ch. NR 661, 664 or 665. Section NR 660.22 references petitions to EPA to exclude a waste or waste-derived material at a particular facility from s. NR 661.0003 or the lists of hazardous wastes in subch. D of ch. NR 661. Section NR 660.23 sets forth additional requirements for petitions to amend ch. NR 673 to include additional hazardous wastes or categories of hazardous waste as universal waste. NR 660.21NR 660.21 Petitions for equivalent testing or analytical methods. NR 660.21(1)(1) Any person seeking to add a testing or analytical method to ch. NR 661, 664 or 665 may petition for a rule amendment under this section and s. NR 660.20. To be successful, the person shall demonstrate to the satisfaction of the department that the proposed method is equal to or superior to the corresponding method prescribed in ch. NR 661, 664 or 665, in terms of its sensitivity, accuracy and precision (i.e., reproducibility). NR 660.21(2)(2) Each petition shall include all of the following, in addition to the information required by s. NR 660.20: NR 660.21(2)(a)(a) A full description of the proposed method, including all procedural steps and equipment used in the method. NR 660.21(2)(b)(b) A description of the types of wastes or waste matrices for which the proposed method may be used. NR 660.21(2)(c)(c) Comparative results obtained from using the proposed method with those obtained from using the relevant or corresponding methods prescribed in ch. NR 661, 664 or 665. NR 660.21(2)(d)(d) An assessment of any factors which may interfere with, or limit the use of, the proposed method. NR 660.21(2)(e)(e) A description of the quality control procedures necessary to ensure the sensitivity, accuracy and precision of the proposed method. NR 660.21(3)(3) After receiving a petition for an equivalent method, the department may request any additional information on the proposed method which the department may reasonably require to evaluate the method. NR 660.21(4)(4) If the department amends the rules to permit use of a new testing method, the method will be incorporated in “Test Methods for the Evaluation of Solid Waste: Physical/Chemical Methods,” SW-846, incorporated by reference in s. NR 660.11. NR 660.21 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 660.22NR 660.22 Petitions to amend ch. NR 661 to exclude a waste produced at a particular facility. Any person seeking to exclude a waste at a particular generating facility from the lists in subch. D of ch. NR 661 may petition the EPA region 5 administrator for a regulatory amendment under 40 CFR 260.20 and 260.22. The department shall recognize an EPA granted delisting unless the department clearly establishes that a delisting would threaten human health or the environment. NR 660.22 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 660.23NR 660.23 Petitions to amend ch. NR 673 to include additional hazardous wastes. NR 660.23(1)(1) Any person seeking to add a hazardous waste or a category of hazardous waste to the universal waste rules in ch. NR 673 may petition for a rule amendment under this section, s. NR 660.20, and subch. G of ch. NR 673. NR 660.23(2)(2) To be successful, the petitioner shall demonstrate to the satisfaction of the department that regulation under the universal waste rules in ch. NR 673 is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste and will improve implementation of the hazardous waste program. The petition shall include the information required by this section. The petition should also address as many of the factors listed in s. NR 673.81 as are appropriate for the waste or category of waste addressed in the petition. NR 660.23(3)(3) The department shall grant or deny a petition using the factors listed in s. NR 673.81. The decision will be based on the weight of evidence showing that regulation under ch. NR 673 is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste, and will improve implementation of the hazardous waste program. NR 660.23(4)(4) The department may request additional information needed to evaluate the merits of the petition. NR 660.23 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 660.30NR 660.30 Non-waste determinations and variances from classification as a solid waste. According to the standards and criteria in ss. NR 660.31 and NR 660.34 and the procedures in s. NR 660.33, the department may determine on a case-by-case basis that all of the following recycled materials are not solid wastes: NR 660.30(2)(2) Materials that are reclaimed and then reused within the original production process in which they were generated. NR 660.30(3)(3) Materials that have been reclaimed but shall be reclaimed further before the materials are completely recovered. NR 660.30(4)(4) Hazardous secondary materials that are reclaimed in a continuous industrial process. NR 660.30(5)(5) Hazardous secondary materials that are indistinguishable in all relevant aspects from a product or intermediate. NR 660.30 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (intro.), (1), cr. (4), (5) Register August 2020 No. 776, eff. 9-1-20; correction in (4), (5) made under s. 35.17, Stats., Register August 2020 No. 776. NR 660.31NR 660.31 Standards and criteria for variances from classification as a solid waste. NR 660.31(1)(1) The department may grant requests for a variance from classifying as a solid waste those materials that are accumulated speculatively without sufficient amounts being recycled if the applicant demonstrates that sufficient amounts of the material will be recycled or transferred for recycling in the following year. If a variance is granted, it is valid only for the following year, but can be renewed, on an annual basis, by filing a new application. The department’s decision will be based on all of the following criteria: NR 660.31(1)(a)(a) The manner in which the material is expected to be recycled, when the material is expected to be recycled, and whether this expected disposition is likely to occur (for example, because of past practice, market factors, the nature of the material or contractual arrangements for recycling). NR 660.31(1)(b)(b) The reason that the applicant has accumulated the material for one or more years without recycling 75% of the volume accumulated at the beginning of the year. NR 660.31(1)(c)(c) The quantity of material already accumulated and the quantity expected to be generated and accumulated before the material is recycled. NR 660.31(1)(d)(d) The extent to which the material is handled to minimize loss. NR 660.31(2)(2) The department may grant requests for a variance from classifying as a solid waste those materials that are reclaimed and then reused as feedstock within the original production process in which the materials were generated if the reclamation operation is an essential part of the production process. This determination will be based on all of the following criteria: NR 660.31(2)(a)(a) How economically viable the production process would be if it were to use virgin materials, rather than reclaimed materials. NR 660.31(2)(b)(b) The extent to which the material is handled before reclamation to minimize loss. NR 660.31(2)(c)(c) The time periods between generating the material and its reclamation, and between reclamation and return to the original primary production process. NR 660.31(2)(d)(d) The location of the reclamation operation in relation to the production process. NR 660.31(2)(e)(e) Whether the reclaimed material is used for the purpose for which it was originally produced when it is returned to the original process, and whether it is returned to the process in substantially its original form. NR 660.31(2)(f)(f) Whether the person who generates the material also reclaims it. NR 660.31(3)(3) The department may grant a request for a variance from classifying as a solid waste those hazardous secondary materials that have been partially reclaimed, but must be reclaimed further before recovery is completed, if the partial reclamation has produced a commodity-like material. A determination that a partially reclaimed material for which the variance is sought is commodity-like will be based on whether the hazardous secondary material is legitimately recycled as specified in s. NR 660.43 and on whether all of the following decision criteria are satisfied: NR 660.31(3)(a)(a) The degree of partial reclamation the material has undergone is substantial as demonstrated by using a partial reclamation process other than the process that generated the hazardous waste. NR 660.31(3)(b)(b) The partially reclaimed material has sufficient economic value that it will be purchased for further reclamation. NR 660.31(3)(c)(c) The partially reclaimed material is a viable substitute for a product or intermediate produced from virgin or raw materials that is used in subsequent production steps.
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