Chapter NR 662

NR 662.210(4)(b) (b) A very small quantity generator shall ensure the hazardous waste is taken directly from the laboratory to any of the types of facilities listed in s. NR 662.014.

NR 662.210(5) (5) An unwanted material that is a hazardous waste is subject to all applicable hazardous waste regulations when it is removed from the laboratory.

NR 662.210 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1), (4) (a) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 662.211 NR 662.211 Making the hazardous waste determination at an on-site central accumulation area. If an eligible academic entity makes the hazardous waste determination according to s. NR 662.011 for unwanted material at an on-site central accumulation area, it shall comply with all of the following:

NR 662.211(1) (1) A trained professional shall accompany all unwanted material that is transferred from the laboratory to an on-site central accumulation area.

NR 662.211(2) (2) All unwanted material removed from the laboratory shall be taken directly from the laboratory to the on-site central accumulation area.

NR 662.211(3) (3) The unwanted material becomes subject to the generator accumulation regulations under s. NR 662.016 for small quantity generators or s. NR 662.017 for large quantity generators as soon as it arrives in the central accumulation area, except for the “hazardous waste” labeling conditions under ss. NR 662.016 (2) (f) and 662.017 (1) (e).

NR 662.211(4) (4) A trained professional shall determine, according to s. NR 662.011 (1) to (4), if the unwanted material is a hazardous waste within 4 calendar days of the unwanted materials’ arrival at the on-site central accumulation area.

NR 662.211(5) (5) If the unwanted material is a hazardous waste, the eligible academic entity shall do all of the following:

NR 662.211(5)(a) (a) Write the words “hazardous waste” on the container label that is affixed or attached to the container within 4 calendar days of arriving at the on-site central accumulation area and before the hazardous waste may be removed from the on-site central accumulation area.

NR 662.211(5)(b) (b) Write the appropriate hazardous waste code on the container label that is associated with the container or on the label that is affixed or attached to the container before the hazardous waste may be treated or disposed of on-site or transported off-site.

NR 662.211(5)(c) (c) Count the hazardous waste toward the eligible academic entity’s generator category, according to s. NR 662.013 in the calendar month that the hazardous waste determination was made.

NR 662.211(5)(d) (d) Manage the hazardous waste according to all applicable hazardous waste regulations.

NR 662.211 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (4) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 662.212 NR 662.212 Making the hazardous waste determination at an on-site interim status or permitted treatment, storage or disposal facility. If an eligible academic entity makes the hazardous waste determination, according to s. NR 662.011, for unwanted material at an on-site interim status or permitted treatment, storage, or disposal facility, it shall comply with all of the following:

NR 662.212(1) (1) A trained professional shall accompany all unwanted material that is transferred from the laboratory to an on-site licensed or interim licensed treatment, storage, or disposal facility.

NR 662.212(2) (2) All unwanted material removed from the laboratory shall be taken directly from the laboratory to the on-site licensed or interim licensed treatment, storage, or disposal facility.

NR 662.212(3) (3) The unwanted material becomes subject to the terms of the eligible academic entity’s hazardous waste operating license or interim license as soon as it arrives in the on-site treatment, storage, or disposal facility.

NR 662.212(4) (4) A trained professional shall determine, according to s. NR 662.011 (1) to (4), if the unwanted material is a hazardous waste within 4 calendar days of the unwanted materials’ arrival at the on-site licensed or interim licensed treatment, storage, or disposal facility.

NR 662.212(5) (5) If the unwanted material is a hazardous waste, the eligible academic entity shall do all of the following:

NR 662.212(5)(a) (a) Write the words “hazardous waste” on the container label that is affixed or attached to the container within 4 calendar days of the hazardous waste arriving at the on-site licensed or interim licensed treatment, storage, or disposal facility and before the hazardous waste may be removed from the on-site licensed or interim licensed treatment, storage, or disposal facility.

NR 662.212(5)(b) (b) Write the appropriate hazardous waste code on the container label that is associated with the container or on the label that is affixed or attached to the container before the hazardous waste may be treated or disposed of on-site or transported off-site.

NR 662.212(5)(c) (c) Count the hazardous waste toward the eligible academic entity’s generator category, according to s. NR 662.013 (3) and (4) in the calendar month that the hazardous waste determination was made.

NR 662.212(5)(d) (d) Manage the hazardous waste according to all applicable hazardous waste regulations.

NR 662.212 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (4), (5) (c) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (5) (c) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

NR 662.213 NR 662.213 Laboratory clean-outs.

NR 662.213(1) (1) One time per 12-month period for each laboratory, an eligible academic entity may opt to conduct a laboratory clean-out that is subject to all the applicable requirements of this subchapter, except that:

NR 662.213(1)(a) (a) If the volume of unwanted material in the laboratory exceeds 55 gallons, or 1 quart of liquid reactive acutely hazardous unwanted material, or 1 kg of solid reactive acutely hazardous unwanted material, the eligible academic entity is not required to remove all unwanted materials from the laboratory within 10 calendar days of exceeding 55 gallons, or 1 quart of liquid reactive acutely hazardous unwanted material, or 1 kg or solid reactive acutely hazardous unwanted material, as required under s. NR 662.208. Instead, the eligible academic entity shall remove all unwanted materials from the laboratory within 30 calendar days from the start of the laboratory clean-out.

NR 662.213(1)(b) (b) For the purposes of on-site accumulation, an eligible academic entity is not required to count a hazardous waste that is an unused commercial chemical product that is listed in subch. D of ch. NR 661 or a hazardous waste exhibiting one or more characteristics listed in subch. C of ch. NR 661 that is generated solely during the laboratory clean-out toward its hazardous waste generator category, according to s. NR 662.013. An unwanted material that is generated prior to the beginning of the laboratory clean-out and is still in the laboratory at the time the laboratory clean-out commences shall be counted toward the hazardous waste generator category, according to s. NR 662.013, if it is determined to be hazardous waste.

NR 662.213(1)(c) (c) For the purposes of off-site management, an eligible academic entity shall count all its hazardous waste, regardless of whether the hazardous waste was counted toward generator category under par. (b), and if it generates more than 1 kg/month of acute hazardous waste or more than 100 kg/month of non-acute hazardous waste, the hazardous waste is subject to all applicable hazardous waste regulations when it is transported off-site.

NR 662.213(1)(d) (d) An eligible academic entity shall document the activities of the laboratory clean-out. The documentation shall, at a minimum, identify the laboratory being cleaned out, the date the laboratory clean-out begins and ends, and the volume of hazardous waste generated during the laboratory clean-out. The eligible academic entity shall maintain the records for a period of 3 years from the date the clean-out ends.

NR 662.213(2) (2) For all other laboratory clean-outs conducted during the same 12-month period, an eligible academic entity is subject to all the applicable requirements of this subchapter, including all of the following:

NR 662.213(2)(a) (a) The requirement to remove all unwanted materials from the laboratory within 10 calendar days of exceeding 55 gallons, or 1 quart of reactive acutely hazardous unwanted material, as required under s. NR 662.208.

NR 662.213(2)(b) (b) The requirement to count all hazardous waste, including unused hazardous waste, generated during the laboratory clean-out toward its hazardous waste generator category, according to s. NR 662.013.

NR 662.213 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.214 NR 662.214 Laboratory management plan. An eligible academic entity shall develop and retain a written laboratory management plan or revise an existing written plan. The laboratory management plan is a site-specific document that describes how the eligible academic entity will manage unwanted materials in compliance with this subchapter. An eligible academic entity may write one laboratory management plan for all the laboratories owned by the eligible academic entity that have opted into this subchapter, even if the laboratories are located at sites with different EPA identification numbers. All of the following shall apply to the laboratory management plan:

NR 662.214(1) (1) The eligible academic entity shall implement and comply with the specific provisions of part I of its laboratory management plan. In part I of its laboratory management plan, an eligible academic entity shall do all of the following:

NR 662.214(1)(a) (a) Describe procedures for container labeling in accordance with s. NR 662.206 (1), including:

NR 662.214(1)(a)1. 1. Identifying whether the eligible academic entity will use the term “unwanted material” on the containers in the laboratory. If not, identify an equally effective term that will be used in lieu of “unwanted material” and consistently by the eligible academic entity. The equally effective term, if used, has the same meaning and is subject to the same requirements as “unwanted material.”

NR 662.214(1)(a)2. 2. Identifying the manner in which information that is “associated with the container” will be imparted.

NR 662.214(1)(b) (b) Identify whether the eligible academic entity will comply with s. NR 662.208 (1) (a) or (b) for regularly scheduled removals of unwanted material from the laboratory.

NR 662.214(2) (2) The specific actions taken by an eligible academic entity to implement each element in part II of its laboratory management plan may vary from the procedures described in the eligible academic entity’s laboratory management plan without constituting a violation of this subchapter. An eligible academic entity may include additional elements and best management practices in part II of its laboratory management plan if it chooses. In part II of its laboratory management plan, an eligible academic entity shall do all of the following:

NR 662.214(2)(a) (a) Describe its intended best practices for container labeling and management, including how the eligible academic entity will manage containers used for in-line collection of unwanted materials, such as with high performance liquid chromatographs and other laboratory equipment. See the required standards specified in s. NR 662.206.

NR 662.214(2)(b) (b) Describe its intended best practices for providing training for laboratory workers and students commensurate with their duties.

NR 662.214 Note Note: See the required standards specified in s. NR 662.207 (1).

NR 662.214(2)(c) (c) Describe its intended best practices for providing training to ensure safe on-site transfers of unwanted material and hazardous waste by trained professionals. See the required standards specified in s. NR 662.207 (4) (a).

NR 662.214(2)(d) (d) Describe its intended best practices for removing unwanted material from the laboratory, including all of the following:

NR 662.214(2)(d)1. 1. For regularly scheduled removals, develop a regular schedule for identifying and removing unwanted materials from its laboratories.

NR 662.214 Note Note: See the required standards specified in s. NR 662.208 (1) (a) and (b).

NR 662.214(2)(d)2. 2. For removals when maximum volumes are exceeded, include all of the following information:

NR 662.214(2)(d)2.a. a. Describe its intended best practices for removing unwanted materials from the laboratory within 10 calendar days when unwanted materials have exceeded their maximum volumes.

NR 662.214 Note Note: See the required standards specified in s. NR 662.208 (4).

NR 662.214(2)(d)2.b. b. Describe its intended best practices for communicating that unwanted materials have exceeded their maximum volumes.

NR 662.214(2)(e) (e) Describe its intended best practices for making hazardous waste determinations, including specifying the duties of the individuals involved in the process.

NR 662.214 Note Note: See the required standards specified in ss. NR 662.011 (1) to (4) and 662.209 to 662.212.

NR 662.214(2)(f) (f) Describe its intended best practices for laboratory clean-outs, if the eligible academic entity plans to use the incentives for laboratory clean-outs provided in s. NR 662.213, including all of the following:

NR 662.214(2)(f)1. 1. Procedures for conducting laboratory clean-outs.

NR 662.214 Note Note: See the required standards specified in s. NR 662.213 (1) (a) to (c).

NR 662.214(2)(f)2. 2. Procedures for documenting laboratory clean-outs.

NR 662.214 Note Note: See the required standards specified in s. NR 662.213 (1) (d).

NR 662.214(2)(g) (g) Describe its intended best practices for emergency prevention, including all of the following:

NR 662.214(2)(g)1. 1. Procedures for emergency prevention, notification, and response, appropriate to the hazards in the laboratory.

NR 662.214(2)(g)2. 2. A list of chemicals that the eligible academic entity has, or is likely to have, that become more dangerous when they exceed their expiration date or as they degrade.

NR 662.214(2)(g)3. 3. Procedures to safely dispose of chemicals that become more dangerous when they exceed their expiration date or as they degrade.

NR 662.214(2)(g)4. 4. Procedures for the timely characterization of unknown chemicals.

NR 662.214(3) (3) An eligible academic entity shall make its laboratory management plan available to laboratory workers, students, or any others at the eligible academic entity who request it.

NR 662.214(4) (4) An eligible academic entity shall review and revise its laboratory management plan, as needed.

NR 662.214 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.215 NR 662.215 Unwanted material that is not solid or hazardous waste.

NR 662.215(1) (1) If an unwanted material at an eligible academic entity does not meet the definition of solid waste specified in s. NR 661.0002, it is no longer subject to this subchapter or to the RCRA hazardous waste regulations.

NR 662.215(2) (2) If an unwanted material at an eligible academic entity does not meet the definition of hazardous waste specified in s. NR 661.0003, it is no longer subject to this subchapter or to the RCRA hazardous waste regulations, but shall be managed in compliance with any other applicable regulations or conditions.

NR 662.215 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.216 NR 662.216 Non-laboratory hazardous waste generated at an eligible academic entity. An eligible academic entity that generates hazardous waste outside of a laboratory is not eligible to manage that hazardous waste under this subchapter and remains subject to all of the following:

NR 662.216(1) (1) Generator requirements of ss. NR 662.011 and 662.015 for large quantity generators and small quantity generators if the hazardous waste is managed in a satellite accumulation area, and all other applicable generator requirements of ch. NR 662, with respect to that hazardous waste.

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.

subch. L of ch. NR 662 Subchapter L — Alternative Standards for Episodic Generation

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.