Chapter NR 668

NR 668.33(1) (1) Effective May 8, 2001, the wastes specified in ch. NR 661 as EPA hazardous wastes numbers K174 and K175, soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal.

NR 668.33(2) (2) The requirements of sub. (1) do not apply if any of the following conditions are met:

NR 668.33(2)(a) (a) The wastes meet the applicable treatment standards specified in subch. D.

NR 668.33(2)(b) (b) Persons have been granted an exemption from a prohibition pursuant to a petition under 40 CFR 268.6, with respect to those wastes and units covered by the petition.

NR 668.33(2)(c) (c) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under 40 CFR 268.44(a) to (g) or s. NR 668.44 (8) to (13).

NR 668.33(2)(d) (d) Hazardous debris has met the treatment standards in s. NR 668.40 or the alternative treatment standards in s. NR 668.45.

NR 668.33(2)(e) (e) Persons have been granted an extension to the effective date of a prohibition pursuant to 40 CFR 268.5, with respect to these wastes covered by the extension.

NR 668.33(3) (3) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in s. NR 668.40, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains regulated constituents in excess of the applicable levels of subch. D, the waste is prohibited from land disposal, and all requirements of ch. NR 668 are applicable, except as otherwise specified.

NR 668.33(4) (4) Disposal of K175 wastes which comply with all applicable s. NR 668.40 treatment standards shall also be macroencapsulated in accordance with s. NR 668.45, Table 1 unless one of the following conditions is met:

NR 668.33(4)(a) (a) The waste is placed in a hazardous waste monofill which meets the requirements of ch. 291, Stats., and chs. NR 660 to 673. The monofill shall contain only K175 wastes that meet all applicable s. NR 668.40 treatment standards.

NR 668.33(4)(b) (b) The waste is placed in a dedicated hazardous waste landfill cell which meets the requirements of ch. 291, Stats., and chs. NR 660 to 673 and in which all other wastes being co-disposed are at pH=6.0.

NR 668.33 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (2) (c) Register July 2017 No. 739, eff. 8-1-17.

NR 668.34 NR 668.34 Waste specific prohibitions — toxicity characteristic metal wastes.

NR 668.34(1) (1) Effective August 24, 1998, the newly identified wastes specified in ch. NR 661 as EPA hazardous waste numbers D004 to D011 (i.e. wastes, soil, or debris identified as hazardous by the toxic characteristic leaching procedure but not the extraction procedure), and waste, soil, or debris from mineral processing operations that is identified as hazardous by the specifications at ch. NR 661are prohibited from land disposal.

NR 668.34(2) (2) Effective November 26, 1998, slag from secondary lead smelting which exhibits the toxicity characteristic due to the presence of one or more metals is prohibited from land disposal.

NR 668.34(3) (3) Effective May 26, 2000, newly identified characteristic wastes from elemental phosphorus processing; radioactive wastes mixed with newly identified wastes specified in EPA hazardous waste numbers D004 to D011 (i.e., wastes, soil, or debris identified as hazardous by the toxic characteristic leaching procedure but not the extraction procedure); or mixed with newly identified characteristic mineral processing wastes, soil, or debris are prohibited from land disposal.

NR 668.34(4) (4) Between May 26, 1998 and May 26, 2000, newly identified characteristic wastes from elemental phosphorus processing, radioactive waste mixed with D004 to D011 wastes that are newly identified (i.e., wastes, soil, or debris identified as hazardous by the toxic characteristic leaching procedure but not the extraction procedure), or mixed with newly identified characteristic mineral processing wastes, soil, or debris may be disposed in a landfill or surface impoundment only if the unit is in compliance with 40 CFR 268.5(h).

NR 668.34(5) (5) The requirements of subs. (1) and (2) do not apply if:

NR 668.34(5)(a) (a) The wastes meet the applicable treatment standards specified in subch. D.

NR 668.34(5)(b) (b) EPA has granted an exemption from a prohibition pursuant to a petition under 40 CFR 268.6, with respect to those wastes and units covered by the petition.

NR 668.34(5)(c) (c) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under 40 CFR 268.44.

NR 668.34(5)(d) (d) EPA has granted an extension to the effective date of a prohibition pursuant to 40 CFR 268.5, with respect to these wastes covered by the extension.

NR 668.34(6) (6) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in s. NR 668.40, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentration in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents (including underlying hazardous constituents in characteristic wastes) in excess of the applicable universal treatment standard levels of s. NR 668.48, then the waste is prohibited from land disposal, and all requirements of this chapter are applicable, except as otherwise specified.

NR 668.34 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 668.35 NR 668.35 Waste specific prohibitions — petroleum refining wastes.

NR 668.35(1) (1) Effective February 8, 1999, wastes specified in ch. NR 661 as EPA hazardous waste numbers K169, K170, K171, and K172, soils and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soils and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.

NR 668.35(2) (2) The requirements of sub. (1) do not apply if any of the following conditions are met:

NR 668.35(2)(a) (a) The wastes meet the applicable treatment standards specified in subch. D.

NR 668.35(2)(b) (b) EPA has granted an exemption from a prohibition pursuant to a petition under 40 CFR 268.6, with respect to those wastes and units covered by the petition.

NR 668.35(2)(c) (c) The wastes meet the applicable treatment standards established pursuant to a petition granted under 40 CFR 268.44(a) to (g) or s. NR 668.44 (8) to (13).

NR 668.35(2)(d) (d) Hazardous debris have met treatment standards in s. NR 668.40 or the alternative treatment standards in s. NR 668.45.

NR 668.35(2)(e) (e) EPA has granted an extension to the effective date of a prohibition pursuant to 40 CFR 268.5, with respect to these wastes covered by the extension.

NR 668.35(3) (3) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in s. NR 668.40, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable universal treatment standard levels of s. NR 668.48, then the waste is prohibited from land disposal, and all requirements of this chapter are applicable, except as otherwise specified.

NR 668.35 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (2) (c) Register July 2017 No. 739, eff. 8-1-17.

NR 668.36 NR 668.36 Waste specific prohibitions — inorganic chemical wastes.

NR 668.36(1) (1) Effective May 20, 2002, the wastes specified in ch. NR 661 as EPA hazardous waste numbers K176, K177, and K178, and soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal.

NR 668.36(2) (2) The requirements of sub. (1) do not apply if any of the following conditions are met:

NR 668.36(2)(a) (a) The wastes meet the applicable treatment standards specified in subch. D.

NR 668.36(2)(b) (b) EPA has granted an exemption from a prohibition pursuant to a petition under 40 CFR 268.6, with respect to those wastes and units covered by the petition.

NR 668.36(2)(c) (c) The wastes meet the applicable treatment standards established pursuant to a petition granted under 40 CFR 268.44(a) to (g) or s. NR 668.44 (8) to (13).

NR 668.36(2)(d) (d) Hazardous debris has met the treatment standards in s. NR 668.40 or the alternative treatment standards in s. NR 668.45.

NR 668.36(2)(e) (e) EPA has granted an extension to the effective date of a prohibition pursuant to 40 CFR 268.5, with respect to these wastes covered by the extension.

NR 668.36(3) (3) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in s. NR 668.40, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains regulated constituents in excess of the applicable subch. D levels, the waste is prohibited from land disposal, and all requirements of this chapter are applicable, except as otherwise specified.

NR 668.36 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (2) (c) Register July 2017 No. 739, eff. 8-1-17.

NR 668.37 NR 668.37 Waste specific prohibitions — ignitable and corrosive characteristic wastes whose treatment standards were vacated. Effective August 9, 1993, wastes specified in s. NR 661.0021 as D001, which are not in the high TOC ignitable liquids subcategory, and specified in s. NR 661.0022 as D002, which are managed in systems other than those whose discharge is regulated under ch. 283, Stats., or in systems that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal.  CWA-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or greater than these technologies.

NR 668.37 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. Register August 2020 No. 776, eff. 9-1-20.

NR 668.38 NR 668.38 Waste specific prohibitions — newly identified organic toxicity characteristic wastes and newly listed coke by-product and chlorotoluene production wastes.

NR 668.38(1) (1) Effective December 19, 1994, the wastes specified in s. NR 661.0032 as EPA hazardous waste numbers K141, K142, K143, K144, K145, K147, K148, K149, K150, and K151 are prohibited from land disposal. In addition, debris contaminated with EPA hazardous waste numbers F037, F038, K107 to K112, K117, K118, K123 to K126, K131, K132, K136, U328, U353, U359, and soil and debris contaminated with D012 to D043, K141 to K145, and K147 to K151 are prohibited from land disposal. Wastes that are specified in s. NR 661.0024, Table 1 as EPA hazardous waste numbers: D012, D013, D014, D015, D016, D017, D018, D019, D020, D021, D022, D023, D024, D025, D026, D027, D028, D029, D030, D031, D032, D033, D034, D035, D036, D037, D038, D039, D040, D041, D042, D043 that are not radioactive, or that are managed in systems other than those whose discharge is regulated under ch. 283, Stats., or that are zero dischargers that do not engage in CWA-equivalent treatment before ultimate land disposal are prohibited from land disposal.

NR 668.38(2) (2) On September 19, 1996, radioactive wastes that are mixed with D018 to D043 that are managed in systems other than those whose discharge is regulated under ch. 283, Stats., or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. CWA-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or greater than these technologies. Radioactive wastes mixed with K 141 to K 145, and K147 to K151 are also prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.

NR 668.38(3) (3) Between December 19, 1994 and September 19, 1996, the wastes included in sub. (2) may be disposed in a landfill or surface impoundment, only if the unit is in compliance with 40 CFR 268.5(h)(2).

NR 668.38(4) (4) The requirements of subs. (1) to (3) do not apply if any of the following conditions are met:

NR 668.38(4)(a) (a) The wastes meet the applicable treatment standards specified in subch. D.

NR 668.38(4)(b) (b) EPA has granted an exemption from a prohibition pursuant to a petition under 40 CFR 268.6, with respect to those wastes and units covered by the petition.

NR 668.38(4)(c) (c) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under 40 CFR 268.44(a) to (g) or s. NR 668.44 (8) to (13).

NR 668.38(4)(d) (d) EPA has granted an extension to the effective date of a prohibition pursuant to 40 CFR 268.5, with respect to these wastes covered by the extension.

NR 668.38(5) (5) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in s. NR 668.40, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable subch. D levels, the waste is prohibited from land disposal, and all requirements of this chapter are applicable, except as otherwise specified.

NR 668.38 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (4) (c) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (1) Register August 2020 No. 776, eff. 9-1-20.

NR 668.39 NR 668.39 Waste specific prohibitions — spent aluminum potliners, reactive and carbamate wastes.

NR 668.39(1) (1) On July 8, 1996, the wastes specified in s. NR 661.0032 as EPA Hazardous waste numbers K156 to K159, and K161; and in s. NR 661.0033 as EPA hazardous waste numbers P127, P128, P185, P188 to P192, P194, P196 to P199, P201 to P205, U271, U278 to U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409 to U411 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.

NR 668.39(2) (2) On July 8, 1996, the wastes identified in s. NR 661.0023 as D003 that are managed in systems other than those whose discharge is regulated under ch. 283, Stats., or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. This prohibition does not apply to unexploded ordnance and other explosive devices which have been the subject of an emergency response. (These D003 wastes are prohibited unless they meet the treatment standard of DEACT before land disposal as described in s. NR 668.40).

NR 668.39(3) (3) On September 21, 1998, the wastes specified in s. NR 661.0032 as EPA hazardous waste number K088 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.

NR 668.39(4) (4) On April 8, 1998, radioactive wastes mixed with K088, K156 to K159, K161, P127, P128, P185, P188 to P192, P194, P196 to P199, P201 to P205, U271, U278 to U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409 to U411 are prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.

NR 668.39(5) (5) Between July 8, 1996, and April 8, 1998, the wastes included in subs. (1), (3) and (4) may be disposed in a landfill or surface impoundment, only if the unit is in compliance with 40 CFR 268.5(h)(2).

NR 668.39(6) (6) The requirements of subs. (1) to (4) do not apply if any of the following conditions are met:

NR 668.39(6)(a) (a) The wastes meet the applicable treatment standards specified in subch. D.

NR 668.39(6)(b) (b) EPA has granted an exemption from a prohibition pursuant to a petition under 40 CFR 268.6, with respect to those wastes and units covered by the petition.

NR 668.39(6)(c) (c) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under 40 CFR 268.44(a) to (g) or s. NR 668.44 (8) to (13).

NR 668.39(6)(d) (d) EPA has granted an extension to the effective date of a prohibition pursuant to 40 CFR 268.5, with respect to these wastes covered by the extension.

NR 668.39(7) (7) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in s. NR 668.40, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable subch. D levels, the waste is prohibited from land disposal, and all requirements of this chapter are applicable, except as otherwise specified.

NR 668.39 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (2), (6) (c) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (1) to (3) Register August 2020 No. 776, eff. 9-1-20.

subch. D of ch. NR 668 Subchapter D — Treatment Standards

NR 668.40 NR 668.40 Applicability of treatment standards.

NR 668.40(1) (1) A prohibited waste identified in the table “Treatment Standards for Hazardous Wastes” in this section may be land disposed only if it meets the requirements found in the table. For each waste, the table identifies one of the following three types of treatment standard requirements:

NR 668.40(1)(a) (a) All hazardous constituents in the waste or in the treatment residue shall be at or below the values found for that waste in the table under the heading “total waste standards”.

NR 668.40(1)(b) (b) The hazardous constituents in the extract of the waste or in the extract of the treatment residue shall be at or below the values found in the table under the heading, “waste extract standards”.

NR 668.40(1)(c) (c) The waste shall be treated using the technology specified in the table under the heading “technology standard”, and described in detail in s. NR 668.42, Table 1—Technology Codes and Description of Technology-Based Standards.

NR 668.40(2) (2) For wastewaters, compliance with concentration level standards is based on maximums for any one day, except for D004 through D011 wastes for which the previously promulgated treatment standards based on grab samples remain in effect. For all nonwastewaters, compliance with concentration level standards is based on grab sampling. For wastes covered by the waste extract standards, the test method 1311, the toxicity characteristic leaching procedure found in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA SW-846, incorporated by reference in s. NR 660.11 shall be used to measure compliance. An exception is made for D004 and D008, for which either of two test methods may be used: Method 1311 or Method 1310B, the extraction procedure toxicity test. For wastes covered by a technology standard, the wastes may be land disposed after being treated using that specified technology or an equivalent treatment technology approved by the EPA Administrator under the procedures set forth in 40 CFR 268.42(b).

NR 668.40(3) (3) When wastes with differing treatment standards for a constituent of concern are combined for purposes of treatment, the treatment residue shall meet the lowest treatment standard for the constituent of concern.

NR 668.40(4) (4) Notwithstanding the prohibitions specified in sub. (1), treatment and disposal facilities may demonstrate and certify pursuant to s. NR 668.07 (2) (e) compliance with the treatment standards for organic constituents specified by a footnote in the table “Treatment Standards for Hazardous Wastes” in this section, provided all of the following conditions are satisfied:

NR 668.40(4)(a) (a) The treatment standards for the organic constituents were established based on incineration in units operated in accordance with the technical requirements of subch. O of ch. NR 664, or based on combustion in fuel substitution units operating in accordance with applicable technical requirements.

NR 668.40(4)(b) (b) The treatment or disposal facility has used the methods referenced in par. (a) to treat the organic constituents.

NR 668.40(4)(c) (c) The treatment or disposal facility may demonstrate compliance with organic constituents if good-faith analytical efforts achieve detection limits for the regulated organic constituents that do not exceed the treatment standards specified in this section by an order of magnitude.

NR 668.40(5) (5) For characteristic wastes (D001 to D043) that are subject to treatment standards in the table “Treatment Standards for Hazardous Wastes,” and are not managed in a wastewater treatment system that is regulated under ch. 283, Stats., or that is CWA-equivalent, all underlying hazardous constituents as defined in s. NR 668.02 (9) must meet universal treatment standards, found in s. NR 668.48, Table Universal Treatment Standards, prior to land disposal as defined in s. NR 668.02 (3).

NR 668.40(6) (6) The treatment standards for F001 to F005 nonwastewater constituents carbon disulfide, cyclohexanone, and methanol apply to wastes which contain only one, 2, or 3 of these constituents. Compliance is measured for these constituents in the waste extract from test Method 1311, the Toxicity Characteristic Leaching Procedure found in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA SW-846, incorporated by reference in s. NR 660.11. If the waste contains any of these three constituents along with any of the other 25 constituents found in F001 to F005, then compliance with treatment standards for carbon disulfide, cyclohexanone, and methanol are not required.

NR 668.40(7) (7) Between August 26, 1996 and March 4, 1999 the treatment standards for the wastes specified in s. NR 661.0032 as EPA hazardous waste numbers K156 to K161 and in s. NR 661.0033 as EPA hazardous waste numbers P127, P128, P185, P188 to P192, P194, P196 to P199, P201 to P205, U271, U277 to U280, U364 to U367, U372, U373, U375 to U379, U381 to U387, U389 to U396, U400 to U404, U407, and U409 to U411; and soil contaminated with these wastes; shall be satisfied by either meeting the constituent concentrations presented in the table “Treatment Standards for Hazardous Wastes” in this section, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST at s. NR 668.42, Table 1, for nonwastewaters; and, biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code CARBN; chemical oxidation as defined by the technology code CHOXD; or combustion as defined as technology code CMBST at s. NR 668.42, Table 1, for wastewaters.

NR 668.40(8) (8) If prohibited D004 to D011 mixed radioactive wastes and mixed radioactive listed wastes containing metal constituents, have been previously treated by stabilization to the treatment standards in effect at that time and put into storage afterwards, then it is not necessary to re-treat the waste to meet treatment standards in this section prior to land disposal.

NR 668.40(10) (10) Effective September 4, 1998, the treatment standards for the wastes specified in s. NR 661.0033 as EPA hazardous waste numbers P185, P191, P192, P197, U364, U394, and U395 shall be satisfied by either meeting the constituent concentrations presented in the table “Treatment Standards for Hazardous Wastes” in this section, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST at s. NR 668.42, Table 1, for nonwastewaters; biodegradation as defined by the technology code BIODG; carbon adsorption as defined by the technology code CARBN; chemical oxidation as defined by the technology code CHOXD; or combustion as defined as technology code CMBST at s. NR 668.42, Table 1, for wastewaters.

NR 668.40 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (2), (Table) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (7), (10), r. and recr. (Table) Register August 2020 No. 776, eff. 9-1-20; correction in (Table) made under s. 35.17, Stats., Register August 2020 No. 776.

Section NR 668.40 — Treatment Standards for Hazardous Wastes