Chapter NR 661

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.

NR 661.0006(4) (4) Owners or operators of facilities subject to s. 291.25, Stats., licensing requirements with hazardous waste management units that recycle hazardous wastes, are subject to the requirements specified in subchs. AA and BB of ch. NR 664 or subchs. AA and BB of ch. NR 665 or ch. NR 667.

NR 661.0006 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (b) 2., (c) 1. a., (3) (a), (4) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (1) (c) 1. a., (4) made under s. 13.92 (4) (b) 7., Stats., and correction in (3) (b) 2., 4., made under s. 35.17, Stats., Register April 2021 No. 784.

NR 661.0007 NR 661.0007 Residues of hazardous waste in empty containers.

NR 661.0007(1) (1) 

NR 661.0007(1)(a) (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 regulation under chs. NR 661 to 670, or to the notification requirements under s. NR 660.07.

NR 661.0007(1)(b) (b) Any hazardous waste in either a container that is not empty or an inner liner removed from a container that is not empty, as defined in sub. (2), is subject to regulation under chs. NR 661 to 670 and to the notification requirements under s. NR 670.007.

NR 661.0007(2) (2) 

NR 661.0007(2)(a) (a) A container or an inner liner removed from a container that has held any hazardous waste, except a waste that is a compressed gas or that is identified as an acute hazardous waste listed in s. NR 661.0031 or 661.0033 (5), is empty if subd. 1. is met and either subds. 2. or 3. are met:

NR 661.0007(2)(a)1. 1. All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, such as pouring, pumping, and aspirating.

NR 661.0007(2)(a)2. 2. No more than 2.5 centimeters, or one inch, of residue remain on the bottom of the container or inner liner.

NR 661.0007(2)(a)3. 3. One of the following:

NR 661.0007(2)(a)3.a. a. No more than 3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to 119 gallons in size.

NR 661.0007(2)(a)3.b. b. No more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is greater than 119 gallons in size.

NR 661.0007(2)(b) (b) A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric pressure.

NR 661.0007(2)(c) (c) A container or an inner liner removed from a container that has held an acute hazardous waste listed in s. NR 661.0031 or 661.0033 (5) is empty if any of the following are met:

NR 661.0007(2)(c)1. 1. The container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate.

NR 661.0007(2)(c)2. 2. The container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal.

NR 661.0007(2)(c)3. 3. In the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed.

NR 661.0007(3) (3) Except as provided under s. NR 666.507 (3) and (4), containers of hazardous waste pharmaceuticals are subject to s. NR 666.507 for determining when they are considered empty, in lieu of this section.

NR 661.0007 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (a) (intro.) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

NR 661.0008 NR 661.0008 PCB wastes regulated under Toxic Substance Control Act. The disposal of PCB-containing dielectric fluid and electric equipment containing such fluid authorized for use and regulated under 40 CFR part 761 and that are hazardous only because they fail the test for the Toxicity Characteristic for hazardous waste codes D018 to D043 are exempt from regulation under chs. NR 661 to 665, 668 and 670, and the notification requirements under s. NR 660.07.

NR 661.0008 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.0009 NR 661.0009 Requirements for universal waste, universal waste handlers, and universal waste transporters. Except as specified in ch. NR 673, the wastes listed in this section are exempt from regulation under chs. NR 662 to 667 and 670 and ss. NR 668.07 and 668.50 and, therefore, are not fully regulated as hazardous waste. The wastes listed in this section are subject to regulation under ch. NR 673:

NR 661.0009(1) (1) Batteries as described in s. NR 673.02.

NR 661.0009(2) (2) Pesticides as described in s. NR 673.03.

NR 661.0009(3) (3) Mercury-containing equipment as described in s. NR 673.04.

NR 661.0009(4) (4) Lamps as described in s. NR 673.05.

NR 661.0009 Note Note: The additional language used in this section clarifies that LDR treatment standards apply to universal waste. This language is not more stringent than 40 CFR 261.9.

NR 661.0009 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (intro.) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (intro.) made under s. 35.17, Stats., Register April 2021 No. 784.

subch. B of ch. NR 661 Subchapter B —Criteria for Identifying the Characteristics of Hazardous Waste and for Listing Hazardous Waste

NR 661.0010 NR 661.0010 Criteria for identifying the characteristics of hazardous waste.

NR 661.0010(1) (1) The department shall identify and define a characteristic of hazardous waste under subch. C only upon determining that all of the following are met:

NR 661.0010(1)(a) (a) A solid waste that exhibits the characteristic may do any of the following:

NR 661.0010(1)(a)1. 1. Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

NR 661.0010(1)(a)2. 2. Pose a substantial present or potential hazard to human health or the environment when it is improperly treated, stored, transported, disposed of or otherwise managed.

NR 661.0010(1)(b) (b) The characteristic can be any of the following:

NR 661.0010(1)(b)1. 1. Measured by an available standardized test method which is reasonably within the capability of generators of solid waste or private sector laboratories that are available to serve generators of solid waste.

NR 661.0010(1)(b)2. 2. Reasonably detected by generators of solid waste through their knowledge of their waste.

NR 661.0010 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.0011 NR 661.0011 Criteria for listing hazardous waste.

NR 661.0011(1) (1) The department shall list a solid waste as a hazardous waste only upon determining that the solid waste meets one of the following criteria:

NR 661.0011(1)(a) (a) It exhibits any of the characteristics of hazardous waste identified in subch. C.

NR 661.0011(1)(b) (b) It has been found to be fatal to humans in low doses or, in the absence of data on human toxicity, it has been shown in studies to have an oral LD 50 toxicity measured in rats of less than 50 milligrams per kilogram, an inhalation LC 50 toxicity measured in rats of less than 2 milligrams per liter, or a dermal LD 50 toxicity in rabbits of less than 200 milligrams per kilogram or is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness. Waste listed in accordance with these criteria will be designated acute hazardous waste.

NR 661.0011(1)(c) (c) It contains any of the toxic constituents listed in ch. NR 661 Appendix VIII and, after considering the following factors, the department concludes that the waste is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed:

NR 661.0011(1)(c)1. 1. The nature of the toxicity presented by the constituent.

NR 661.0011(1)(c)2. 2. The concentration of the constituent in the waste.

NR 661.0011(1)(c)3. 3. The potential of the constituent or any toxic degradation product of the constituent to migrate from the waste into the environment under the types of improper management considered in subd. 7.

NR 661.0011(1)(c)4. 4. The persistence of the constituent or any toxic degradation product of the constituent.

NR 661.0011(1)(c)5. 5. The potential for the constituent or any toxic degradation product of the constituent to degrade into non-harmful constituents and the rate of degradation.

NR 661.0011(1)(c)6. 6. The degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems.

NR 661.0011(1)(c)7. 7. The plausible types of improper management to which the waste could be subjected.

NR 661.0011(1)(c)8. 8. The quantities of the waste generated at individual generation sites or on a regional or national basis.

NR 661.0011(1)(c)9. 9. The nature and severity of the human health and environmental damage that has occurred as a result of the improper management of wastes containing the constituent.

NR 661.0011(1)(c)10. 10. Action taken by other governmental agencies or regulatory programs based on the health or environmental hazard posed by the waste or waste constituent.

NR 661.0011(1)(c)11. 11. Such other factors as may be appropriate. Substances will be listed under ch. NR 661 Appendix VIII only if they have been shown in scientific studies to have toxic, carcinogenic, mutagenic or teratogenic effects on humans or other life forms. Wastes listed in accordance with these criteria will be designated toxic wastes.

NR 661.0011(2) (2) The department may list classes or types of solid waste as hazardous waste if the department has reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste found in s. 291.01 (7), Stats.

NR 661.0011(3) (3) The department will use the criteria for listing specified in this section to establish the exclusion limits referred to in s. NR 662.013 (3).

NR 661.0011 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (c) (intro.), 11. made under s. 35.17, Stats., Register August 2020 No. 776.

subch. C of ch. NR 661 Subchapter C — Characteristics of Hazardous Waste

NR 661.0020 NR 661.0020 General.

NR 661.0020(1) (1) A solid waste, as defined in s. NR 661.0002, that is not excluded from regulation as a hazardous waste under s. NR 661.0004 (2), is a hazardous waste if it exhibits any of the characteristics identified in this subchapter.

NR 661.0020 Note Note: Section NR 662.011 sets forth the generator’s responsibility to determine whether its waste exhibits one or more of the characteristics identified in this subchapter.

NR 661.0020(2) (2) A hazardous waste that is identified by a characteristic in this subchapter is assigned every EPA hazardous waste number that is applicable as set forth in this subchapter. This number shall be used in complying with the notification requirements under s. NR 660.07 and all applicable recordkeeping and reporting requirements under chs. NR 662 to 665, 668, and 670.

NR 661.0020(3) (3) For the purposes of this subchapter, the department will consider a sample obtained using any of the applicable sampling methods specified in ch. NR 661 Appendix I to be a representative sample within the meaning specified in ch. NR 660.10 (101).

NR 661.0020 Note Note: Since ch. NR 661 Appendix I sampling methods are not being adopted by the department, a person who desires to employ an alternative sampling method is not required to demonstrate the equivalency of the method under the procedures set forth in ss. NR 660.20 and 660.21.

NR 661.0020 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (3) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 661.0021 NR 661.0021 Characteristic of ignitability.

NR 661.0021(1) (1) A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties:

NR 661.0021(1)(a) (a) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume, and has flash point less than 60°C or 140°F, as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D 93-79 or D 93-80, incorporated by reference in s. NR 660.11, or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D 3278-78, incorporated by reference in s. NR 660.11.

NR 661.0021(1)(b) (b) It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.

NR 661.0021(1)(c) (c) It is a flammable gas as defined in 49 CFR 173.115 (a) and as determined by the test methods described in that regulation or equivalent test methods approved by the department under ss. NR 660.20 and 660.21.