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 HistoryHistory: 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; CR 24-037: r. (3) Register June 2025 No. 834, eff. 7-1-25. 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 NoteNote: 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 NoteNote: 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 HistoryHistory: 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(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 a solution containing less than 24 percent alcohol by volume and at least 50 percent water by weight, that has a flash point less than 60 degrees Celsius or 140 degrees Fahrenheit, as determined by using one of the following ASTM standards: ASTM D93-79, D93-80, D3278-78, D8174-18, or D8175-18 as specified in SW-846 Test Methods 1010B or 1020C, incorporated by reference under 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 an ignitable compressed gas. An ignitable compressed gas is a gas with all of the following characteristics: NR 661.0021(1)(c)1.1. A compressed gas is a material or mixture having in the container an absolute pressure exceeding 40 pounds per square inch at 70 degrees Fahrenheit or, regardless of the pressure at 70 degrees Fahrenheit, having an absolute pressure exceeding 104 p.s.i. at 130 degrees Fahrenheit; or a liquid flammable material having a vapor pressure exceeding 40 p.s.i. absolute at 100 degrees Fahrenheit as determined by ASTM Test D323-20. NR 661.0021(1)(c)2.2. A compressed gas shall be characterized as ignitable if any one of the following occurs: NR 661.0021(1)(c)2.a.a. Either a mixture of 13 percent or less, by volume, with air forms a flammable mixture or the flammable range with air is wider than 12 percent, regardless of the lower limit. These limits shall be determined at atmospheric temperature and pressure. The method of sampling and test procedure shall be the ASTM E681-09, incorporated by reference under s. NR 660.11, or other equivalent methods approved by the associate administrator of the pipeline and hazardous materials safety administration in the U.S. department of transportation. NR 661.0021(1)(d)(d) It is an oxidizer. An oxidizer for the purpose of this subchapter is a substance that yields oxygen readily to stimulate the combustion of organic matter, for example, a chlorate, permanganate, inorganic peroxide, or a nitrate. An oxidizer is any of the following: NR 661.0021(1)(d)1.1. An organic compound containing the bivalent -O-O- structure and that may be considered a derivative of hydrogen peroxide when one or more of the hydrogen atoms have been replaced by organic radicals shall be classed as an organic peroxide unless it has any of the following characteristics: NR 661.0021(1)(d)1.c.c. It is determined that the predominant hazard of the material containing an organic peroxide is other than that of an organic peroxide. NR 661.0021(1)(d)1.d.d. According to data on file with the pipeline and hazardous materials safety administration in the U.S. department of transportation, it has been determined that the material does not present a hazard in transportation. NR 661.0021(2)(2) A solid waste that exhibits the characteristic of ignitability has the EPA hazardous waste number of D001.