NR 661.0004(5)(a)3. 3. The sample is being transported to the laboratory or testing facility for the purpose of conducting a treatability study.

NR 661.0004(5)(b) (b) The exemption in par. (a) is applicable to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies if all of the following apply:

NR 661.0004(5)(b)1. 1. The generator or sample collector uses, in treatability studies, no more than 10,000 kg of media contaminated with non-acute hazardous waste, 1,000 kg of non-acute hazardous waste other than contaminated media, 1 kg of acute hazardous waste, and 2,500 kg of media contaminated with acute hazardous waste for each process being evaluated for each generated waste stream.

NR 661.0004(5)(b)2. 2. The mass of each sample shipment does not exceed 10,000 kg. The 10,000 kg quantity may be all media contaminated with non-acute hazardous waste, or may include 2,500 kg of media contaminated with acute hazardous waste, 1,000 kg of hazardous waste, and 1 kg of acute hazardous waste.

NR 661.0004(5)(b)3. 3. The sample shall be packaged so that it will not leak, spill, or vaporize from its packaging during shipment and one of the following requirements shall be met:

NR 661.0004(5)(b)3.a. a. The transportation of each sample shipment complies with U.S. department of transportation or DOT, U.S. postal service or USPS, or any other applicable shipping requirements.

NR 661.0004(5)(b)3.b. b. If the DOT, USPS, or other shipping requirements do not apply to the shipment of the sample, all of the following information shall accompany the sample:

1) The name, mailing address, and telephone number of the originator of the sample.

2) The name, address, and telephone number of the facility that will perform the treatability study.

3) The quantity of the sample.

4) The date of shipment.

5) A description of the sample, including its EPA hazardous waste number.

NR 661.0004(5)(b)4. 4. The sample is shipped to a laboratory or testing facility that is exempt under s. NR 661.0004 (6) or has an appropriate RCRA permit or interim status, or hazardous waste license under s. 291.25, Stats.

NR 661.0004(5)(b)5. 5. The generator or sample collector maintains all of the following records for a period ending 3 years after completion of the treatability study:

NR 661.0004(5)(b)5.a. a. Copies of the shipping documents.

NR 661.0004(5)(b)5.b. b. A copy of the contract with the facility conducting the treatability study.

NR 661.0004(5)(b)5.c. c. Documentation showing all of the following:

1) The amount of waste shipped under this exemption.

2) The name, address, and EPA identification number of the laboratory or testing facility that received the waste.

3) The date the shipment was made.

4) Whether or not unused samples and residues were returned to the generator.

NR 661.0004(5)(b)6. 6. The generator reports the information required under subd. 5. c. in its annual report.

NR 661.0004(5)(c) (c) The department may grant requests on a case-by-case basis for up to an additional 2 years for treatability studies involving bioremediation. The department may grant requests on a case-by-case basis for quantity limits in excess of those specified in par. (b) 1. and 2., and sub. (6) (d), for up to an additional 5,000 kg of media contaminated with non-acute hazardous waste, 500 kg of non-acute hazardous waste, 2,500 kg of media contaminated with acute hazardous waste and 1 kg of acute hazardous waste for any of the following reasons:

NR 661.0004(5)(c)1. 1. In response to requests for authorization to ship, store and conduct treatability studies on additional quantities in advance of commencing treatability studies. Factors to be considered in reviewing such requests include the nature of the technology, the type of process, such as batch versus continuous, size of the unit undergoing testing, particularly in relation to scale-up considerations, the time and quantity of material required to reach steady state operating conditions, or test design considerations such as mass balance calculations.

NR 661.0004(5)(c)2. 2. In response to requests for authorization to ship, store and conduct treatability studies on additional quantities after initiation or completion of initial treatability studies, when any of the following apply: there has been an equipment or mechanical failure during the conduct of a treatability study, there is a need to verify the results of a previously conducted treatability study, there is a need to study and analyze alternative techniques within a previously evaluated treatment process, or there is a need to do further evaluation of an ongoing treatability study to determine final specifications for treatment.

NR 661.0004(5)(c)3. 3. The additional quantities and timeframes allowed in subds. 1. and 2. are subject to all of the provisions in par. (a) and par. (b) 3. to 6. The generator or sample collector shall apply to the department and provide in writing all of the following information:

NR 661.0004(5)(c)3.a. a. The reason the generator or sample collector requires additional time or quantity of sample for treatability study evaluation and the additional time or quantity needed.

NR 661.0004(5)(c)3.b. b. Documentation accounting for all samples of hazardous waste from the waste stream that have been sent for or undergone treatability studies including the date each previous sample from the waste stream was shipped, the quantity of each previous shipment, the laboratory or testing facility to which it was shipped, what treatability study processes were conducted on each sample shipped, and the available results on each treatability study.

NR 661.0004(5)(c)3.c. c. A description of the technical modifications or change in specifications that will be evaluated and the expected results.