NR 662.216(2)
(2) The conditional exemption under s.
NR 662.014 for very small quantity generators, with respect to that hazardous waste.
NR 662.216 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.230
NR 662.230
Applicability. This subchapter is applicable to very small quantity generators and small quantity generators as defined in s.
NR 660.10.
NR 662.230 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.231
NR 662.231
Definitions. In addition to the definitions set forth under s.
NR 660.10, the following definitions apply to this subchapter:
NR 662.231(1)
(1) “
Episodic event” means an activity or activities, either planned or unplanned, that does not normally occur during generator operations, resulting in an increase in the generation of hazardous wastes that exceeds the calendar month quantity limits for the generator's usual category.
NR 662.231(2)
(2) “
Planned episodic event” means an episodic event that the generator planned and prepared for, including regular maintenance, tank cleanouts, short-term projects, and removal of excess chemical inventory.
NR 662.231(3)
(3) “
Unplanned episodic event” means an episodic event that the generator did not plan or reasonably did not expect to occur, including production process upsets, product recalls, accidental spills, or acts of nature.
NR 662.231 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.232
NR 662.232
Conditions for a generator managing hazardous waste from an episodic event. NR 662.232(1)(1)
Very small quantity generator. A very small quantity generator may maintain its existing generator category for hazardous waste generated during an episodic event provided that the generator complies with all of the following:
NR 662.232(1)(a)
(a) The very small quantity generator is limited to one episodic event per calendar year, unless a petition is granted under s.
NR 662.233.
NR 662.232(1)(b)
(b) The very small quantity generator shall notify the department no later than 30 calendar days prior to initiating a planned episodic event using EPA Form 8700-12. In the event of an unplanned episodic event, the generator shall notify the department within 72 hours of the unplanned event via phone, email, or fax and subsequently submit EPA Form 8700-12. The generator's notification shall include the start date and end date of the episodic event, the reason for the episodic event, types and estimated quantities of hazardous waste expected to be generated as a result of the episodic event, and shall identify a facility contact and emergency coordinator with 24-hour telephone access to discuss the notification submittal or respond to an emergency in compliance with s.
NR 662.016 (2) (i) 1. NR 662.232(1)(c)
(c) The very small quantity generator shall have an EPA identification number or obtain an EPA identification number using EPA Form 8700-12.
NR 662.232(1)(d)
(d) A very small quantity generator is prohibited from accumulating hazardous waste generated from an episodic event on drip pads and in containment buildings. When accumulating hazardous waste in containers and tanks the following conditions apply:
NR 662.232(1)(d)1.
1. A very small quantity generator accumulating in containers shall mark or label its containers with all of the following:
NR 662.232(1)(d)1.b.
b. An indication of the hazards of the contents. Acceptable indications of hazardous contents include the following: applicable hazardous waste characteristic or characteristics, such as ignitable, corrosive, reactive, or toxic; hazard communication consistent with the department of transportation requirements on labeling or placarding, incorporated into s.
Trans 326.01 (3); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard, incorporated into s.
SPS 332.50; or a chemical hazard label consistent with the National Fire Protection Association 704 label, incorporated into s.
SPS 314.001 (1) (a).”
NR 662.232(1)(d)1.c.
c. The date the episodic event began, clearly visible for inspection on each container.
NR 662.232(1)(d)2.
2. A very small quantity generator accumulating episodic hazardous waste in tanks shall do all of the following:
NR 662.232(1)(d)2.b.
b. Mark or label the tanks with an indication of the hazards of the contents. Acceptable indications of hazardous contents include the following: applicable hazardous waste characteristic or characteristics, such as ignitable, corrosive, reactive, or toxic; hazard communication consistent with the department of transportation requirements on labeling or placarding, incorporated into s.
Trans 326.01 (3); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard, incorporated into s.
SPS 332.50; or a chemical hazard label consistent with the National Fire Protection Association 704 label, incorporated into s.
SPS 314.001 (1) (a).
NR 662.232(1)(d)2.c.
c. Use inventory logs, monitoring equipment or other records to identify the date upon which each episodic event begins.
NR 662.232(1)(d)2.d.
d. Keep inventory logs or records with the information specified in subd. c. on-site and available for inspection for at least 3 years from the end date of the episodic event.
NR 662.232(1)(d)3.
3. Hazardous waste shall be managed in a manner that minimizes the possibility of a fire, explosion, or release of hazardous waste or hazardous waste constituents to the air, soil, or water, including all of the following conditions:
NR 662.232(1)(d)3.a.
a. Containers shall be in good condition and compatible with the hazardous waste being accumulated therein. Containers shall be kept closed except to add or remove waste.
NR 662.232(1)(d)3.b.
b. Tanks shall be in good condition and compatible with the hazardous waste accumulated therein. Tanks shall have procedures in place to prevent overflow. Tanks shall be inspected at least once each operating day to ensure all applicable discharge control equipment, such as waste feed cutoff systems, bypass systems, and drainage systems are in good working order and to ensure the tank is operated according to its design by reviewing the data gathered from monitoring equipment such as pressure and temperature gauges from the inspection.
NR 662.232 Note
Note: Examples of preventing a tank overflow include high level alarms, an automatic waste feed cutoff system, or a bypass system to a standby tank when hazardous waste is continuously fed into the tank.
NR 662.232(1)(e)
(e) The very small quantity generator shall comply with the hazardous waste manifest provisions of subch.
B when it sends its episodic event hazardous waste off-site to a designated facility, as defined in s.
NR 660.10 (21).
NR 662.232(1)(f)
(f) The very small quantity generator shall manifest and send its hazardous waste generated from the episodic event to a designated facility, as defined in s.
NR 660.10 (21), within 60 days of the start of the event.
NR 662.232(1)(g)
(g) A very small quantity generator shall maintain all of the following records for 3 years from the end date of the episodic event:
NR 662.232(1)(g)3.
3. A description of the types and quantities of hazardous wastes generated during the event.
NR 662.232(1)(g)4.
4. A description of how the hazardous waste was managed as well as the name of the RCRA-designated facility that received the hazardous waste.
NR 662.232(1)(g)6.
6. An approval letter from the department if the generator petitioned to conduct one additional episodic event per calendar year.
NR 662.232(2)
(2)
Small quantity generators. A small quantity generator may maintain its existing generator category during an episodic event provided that the generator complies with all of the following conditions:
NR 662.232(2)(a)
(a) The small quantity generator is limited to one episodic event per calendar year unless a petition is granted under s.
NR 662.233.
NR 662.232(2)(b)
(b) The small quantity generator shall notify the department no later than 30 calendar days prior to initiating a planned episodic event using EPA Form 8700-12. In the event of an unplanned episodic event, the small quantity generator shall notify the department within 72 hours of the unplanned event via phone, email, or fax, and subsequently submit EPA Form 8700-12. The generator's notification shall include the start date and end date of the episodic event and the reason for the episodic event, types and estimated quantities of hazardous wastes expected to be generated as a result of the episodic event, and identify a facility contact and emergency coordinator with 24-hour telephone access to discuss the notification submittal or respond to emergency.
NR 662.232(2)(c)
(c) The small quantity generator shall have an EPA identification number or obtain an EPA identification number using EPA Form 8700-12.
NR 662.232(2)(d)
(d) A small quantity generator is prohibited from accumulating hazardous wastes generated from an episodic event waste on drip pads and in containment buildings. When accumulating hazardous waste generated from an episodic event in containers and tanks, all of the following conditions apply:
NR 662.232(2)(d)1.
1. A small quantity generator accumulating episodic hazardous waste in containers shall meet the standards specified in s.
NR 662.016 (2) (b) and shall mark or label its containers with all of the following:
NR 662.232(2)(d)1.b.
b. An indication of the hazards of the contents. Acceptable indications of hazardous contents include the following: applicable hazardous waste characteristic or characteristics, such as ignitable, corrosive, reactive, or toxic; hazard communication consistent with the department of transportation requirements on labeling or placarding, incorporated into s.
Trans 326.01 (3); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard, incorporated into s.
SPS 332.50; or a chemical hazard label consistent with the National Fire Protection Association 704 label, incorporated into s.
SPS 314.001 (1) (a).
NR 662.232(2)(d)1.c.
c. The date upon which the episodic event began, clearly visible for inspection on each container.
NR 662.232(2)(d)2.
2. A small quantity generator accumulating episodic hazardous waste in tanks shall meet the standards specified in s.
NR 662.016 (2) (c) and shall do all of the following:
NR 662.232(2)(d)2.b.
b. Mark or label the tanks with an indication of the hazards of the contents. Acceptable indications of hazardous contents include the following: applicable hazardous waste characteristic or characteristics such as, ignitable, corrosive, reactive, or toxic; hazard communication consistent with the department of transportation requirements on labeling or placarding, incorporated into s.
Trans 326.01 (3); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard, incorporated into s.
SPS 332.50; or a chemical hazard label consistent with the National Fire Protection Association, incorporated into s.
SPS 314.001 (1) (a).
NR 662.232(2)(d)2.c.
c. Use inventory logs, monitoring equipment or other records to identify the date upon which each period of accumulation begins and ends.
NR 662.232(2)(d)2.d.
d. Keep inventory logs or records with the information in subd.
2. c. on-site and available for inspection.
NR 662.232(2)(e)
(e) The small quantity generator shall treat hazardous waste generated from an episodic event on-site or manifest and ship such hazardous waste off-site to a designated facility, as defined in s.
NR 660.10 (21), within 60 calendar days from the start of the episodic event.
NR 662.232(2)(f)
(f) The small quantity generator shall maintain all of the following records for 3 years from the end date of the episodic event:
NR 662.232(2)(f)3.
3. A description of the types and quantities of hazardous wastes generated during the event.
NR 662.232(2)(f)4.
4. A description of how the hazardous waste was managed as well as the name of the designated facility, as defined in s.
NR 660.10 (21), that received the hazardous waste.
NR 662.232(2)(f)6.
6. An approval letter from the department if the generator petitioned to conduct one additional episodic event per calendar year.
NR 662.232 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20; correction in (1) (g) (intro.), (2) (d) 2. d. made under s.
35.17, Stats.,
Register August 2020 No. 776.
NR 662.233
NR 662.233
Petition to manage one additional episodic event per calendar year. NR 662.233(1)(1)
A generator may petition the department for a second episodic event in a calendar year without impacting its generator category under the following conditions:
NR 662.233(1)(a)
(a) If a very small quantity generator or small quantity generator has already held a planned episodic event in a calendar year, the generator may petition the department for an additional unplanned episodic event in that calendar year within 72 hours of the unplanned event.
NR 662.233(1)(b)
(b) If a very small quantity generator or small quantity generator has already had an unplanned episodic event in a calendar year, the generator may petition the department for an additional planned episodic event in that calendar year.
NR 662.233(2)
(2) The petition shall include all of the following:
NR 662.233(2)(a)
(a) The reason an additional episodic event is needed and the nature of the episodic event.
NR 662.233(2)(b)
(b) The estimated amount of hazardous waste to be managed from the event.
NR 662.233(2)(d)
(d) The estimated length of time needed to complete management of the hazardous waste generated from the episodic event, not to exceed 60 days.
NR 662.233(2)(e)
(e) Information regarding the previous episodic event managed by the generator, including the nature of the event, whether it was a planned or unplanned event, and how the generator complied with the conditions.
NR 662.233(3)
(3) The petition shall be made to the department in writing, either on paper or electronically. The department shall have the discretion to grant or deny any such petition.
NR 662.233(4)
(4) The generator shall retain written approval in its records for 3 years from the date the episodic event ended.
NR 662.233 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
subch. M of ch. NR 662
Subchapter M — Preparedness, Prevention, and Emergency Procedures for Large Quantity Generators
NR 662.250
NR 662.250
Applicability. The regulations of this subchapter apply to those areas of a large quantity generator where hazardous waste is generated or accumulated on-site.
NR 662.250 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.251
NR 662.251
Maintenance and operation of facility. A large quantity generator shall maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten human health or the environment.
NR 662.251 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.252
NR 662.252
Required equipment. All areas to which this subchapter applies shall be equipped with all of the items in subs.
(1) to
(4). A facility may demonstrate that none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below or the actual hazardous waste generation or accumulation area does not lend itself for safety reasons to have a particular kind of equipment specified below. A large quantity generator may determine the most appropriate locations within its facility to locate equipment necessary to prepare for and respond to emergencies. Required equipment includes all of the following:
NR 662.252(1)
(1) An internal communications or alarm system capable of providing immediate emergency instruction, voice or signal, to facility personnel.
NR 662.252(2)
(2) A device, such as a telephone, immediately available at the scene of operations, or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams.
NR 662.252(3)
(3) Portable fire extinguishers, spill control equipment, decontamination equipment, and fire control equipment including special extinguishing equipment, such as those that use foam, inert gas, or dry chemicals.
NR 662.252(4)
(4) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.
NR 662.252 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.253
NR 662.253
Testing and maintenance of equipment. All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment shall be tested and maintained as necessary to assure its proper operation in time of emergency.
NR 662.253 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 662.254
NR 662.254
Access to communications or alarm system. NR 662.254(1)(1)
Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate, direct, and unimpeded access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under s.
NR 662.252.
