NR 661.0004 Note
Note: The requirements of par. (y) are based on
40 CFR 261.4 (a) (25) and are administered by EPA and not the department because the exercise of foreign relations and international commerce powers is reserved to the federal government under the U.S. Constitution. Wisconsin has adopted these requirements into its rules for the convenience of the regulated community and for completeness. The enforcement of the
40 CFR 261.4 (a) (25) requirements remains EPA's responsibility even though Wisconsin has adopted these requirements into its rules. Wisconsin plays a key role in providing EPA with information on whether Wisconsin facilities designated to receive hazardous waste imports are authorized to manage specific wastes and in ensuring facility compliance with all applicable environmental laws and rules.
NR 661.0004(1)(z)
(z) Solvent-contaminated wipes that are sent for cleaning and reuse are not solid wastes from the point of generation, provided all of the following are met:
NR 661.0004(1)(z)1.
1. The solvent-contaminated wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers that are labeled “Excluded Solvent-Contaminated Wipes.” The containers shall be able to contain free liquids, should free liquids occur. During accumulation, a container is considered closed when there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove solvent-contaminated wipes. When the container is full, or when the solvent-contaminated wipes are no longer being accumulated, or when the container is being transported, the container shall be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions.
NR 661.0004(1)(z)2.
2. The solvent-contaminated wipes may be accumulated by the generator for up to 180 days from the start date of accumulation for each container prior to being sent for cleaning.
NR 661.0004(1)(z)3.
3. At the point of being sent for cleaning on-site or at the point of being transported off-site for cleaning, the solvent-contaminated wipes shall contain no free liquids as defined in s.
NR 660.10 (48).
NR 661.0004(1)(z)4.
4. Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes shall be managed according to the applicable regulations specified in chs.
NR 660 to
673.
NR 661.0004(1)(z)5.
5. A generator shall maintain at its site all of the following documentation:
NR 661.0004(1)(z)5.a.
a. Name and address of the laundry or dry cleaner that is receiving the solvent-contaminated wipes.
NR 661.0004(1)(z)5.c.
c. Description of the process the generator is using to ensure the solvent-contaminated wipes contain no free liquids at the point of being laundered or dry cleaned on-site or at the point of being transported off-site for laundering or dry cleaning.
NR 661.0004(1)(za)
(za) Hazardous secondary material that is generated and then transferred to another person for the purpose of remanufacturing is not a solid waste, provided that all of the following are met:
NR 661.0004(1)(za)1.
1. The hazardous secondary material consists of one or more of the following spent solvents: toluene, xylenes, ethylbenzene, 1,2,4-trimethylbenzene, chlorobenzene, n-hexane, cyclohexane, methyl tert-butyl ether, acetonitrile, chloroform, chloromethane, dichloromethane, methyl isobutyl ketone, NN-dimethylformamide, tetrahydrofuran, n-butyl alcohol, ethanol, or methanol.
NR 661.0004(1)(za)2.
2. The hazardous secondary material originated from using one or more of the solvents listed in subd.
1. in a commercial grade for reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines associated with these functions, in the pharmaceutical manufacturing, NAICS 325412, basic organic chemical manufacturing, NAICS 325199, plastics and resins manufacturing, NAICS 325211, or the paints and coatings manufacturing, NAICS 325510, sectors. All NAICS categories are incorporated by reference in s.
NR 660.11.
NR 661.0004(1)(za)3.
3. The hazardous secondary material generator sends the hazardous secondary material spent solvents listed in subd.
1. to a remanufacturer in the pharmaceutical manufacturing, NAICS 325412, basic organic chemical manufacturing, NAICS 325199, plastics and resins manufacturing, NAICS 325211, or the paints and coatings manufacturing, NAICS 325510, sectors.
NR 661.0004(1)(za)4.
4. After remanufacturing one or more of the solvents listed in subd.
1., the use of the remanufactured solvent shall be limited to reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines associated with these functions, in the pharmaceutical manufacturing, NAICS 325412, basic organic chemical manufacturing, NAICS 325199, plastics and resins manufacturing, NAICS 325211, and the paints and coatings manufacturing, NAICS 325510, sectors or to using them as ingredients in a product. These allowed uses correspond to chemical functional uses enumerated under the Chemical Data Reporting Rule of the Toxic Substances Control Act,
40 CFR parts 704 and
710 to
711, including Industrial Function Codes U015, solvents consumed in a reaction to produce other chemicals, and U030, solvents become part of the mixture.
NR 661.0004(1)(za)5.
5. After remanufacturing one or more of the solvents listed in subd.
1., the use of the remanufactured solvent does not involve cleaning or degreasing oil, grease, or similar material from textiles, glassware, metal surfaces, or other articles. These disallowed continuing uses correspond to chemical functional uses in Industrial Function Code U029 under the Chemical Data Reporting Rule of the Toxics Substances Control Act.
NR 661.0004(1)(za)6.
6. Both the hazardous secondary material generator and the remanufacturer shall do all of the following:
NR 661.0004(1)(za)6.a.
a. Notify the department and update the notification every 2 years per s.
NR 660.42. The generator shall notify the department that the hazardous secondary material has been transferred to a remanufacturer. The remanufacturer shall notify the department that the hazardous secondary material has been received from the generator for remanufacturing.
NR 661.0004(1)(za)6.b.
b. Develop and maintain an up-to-date remanufacturing plan that identifies all of the following:
1) The name, address and EPA ID number of the generator and the remanufacturer.
2) The types and estimated annual volumes of spent solvents to be remanufactured.
3) The processes and industry sectors that generated the spent solvents.
4) The specific uses and industry sectors for the remanufactured solvents.
5) A certification from the remanufacturer stating “On behalf of [insert remanufacturer facility name], I certify that this facility is a remanufacturer under pharmaceutical manufacturing, NAICS 325412, basic organic chemical manufacturing, NAICS 325199, plastics and resins manufacturing, NAICS 325211, or the paints and coatings manufacturing sectors, NAICS 325510, and will accept the spent solvent for the sole purpose of remanufacturing into commercial-grade solvent that will be used for reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines associated with these functions or for use as product ingredient. I also certify that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls in compliance with the appropriate Clean Air Act regulation codified under
40 CFR part 60,
61, or
63, or subject to ch.
NR 440, subchs.
III and
IV of ch. NR 446, or chs.
NR 447 to
469, or, absent such Clean Air Act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, are in compliance with the appropriate standards in subchs.
AA,
BB, and
CC of ch. NR 661.”
NR 661.0004(1)(za)6.c.
c. Maintain records of shipments and confirmations of receipts for a period of 3 years from the dates of the shipments.
NR 661.0004(1)(za)6.d.
d. Prior to remanufacturing, store the hazardous spent solvents in tanks or containers that meet technical standards found in subchs.
I and
J, with the tanks and containers being labeled or otherwise having an immediately available record of the material being stored.
NR 661.0004(1)(za)6.e.
e. During remanufacturing, and during storage of the hazardous secondary material prior to remanufacturing, the remanufacturer certifies that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls in compliance with the appropriate Clean Air Act regulation codified under
40 CFR part 60,
61, or
63, or subject to ch.
NR 440, subchs.
III and
IV of ch. NR 446, or chs.
NR 447 to
469; or, absent such Clean Air Act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, are in compliance with the appropriate standards in subchs.
AA,
BB, and
CC.
NR 661.0004(2)
(2)
Solid wastes that are not hazardous wastes. All of the following solid wastes are not hazardous wastes:
NR 661.0004(2)(a)
(a) Household waste, including household waste that has been collected, transported, stored, treated, disposed, recovered, such as refuse-derived fuel, or reused, except if the hazardous waste in this waste stream is separated for management at a collection facility regulated under subch.
HH of ch. NR 666. “Household waste” means any material, including garbage, trash and sanitary wastes in septic tanks, derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas. A resource recovery facility managing municipal solid waste may not be deemed to be treating, storing, disposing of or otherwise managing hazardous wastes for the purposes of regulation under chs.
NR 660 to
673, if the facility does all of the following:
NR 661.0004(2)(a)1.a.
a. Household waste from single and multiple dwellings, hotels, motels, and other residential sources.
NR 661.0004(2)(a)1.b.
b. Solid waste from commercial or industrial sources that does not contain hazardous waste.
NR 661.0004(2)(a)2.
2. Does not accept hazardous wastes and the owner or operator of the facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in the facility.
NR 661.0004(2)(b)
(b) Solid wastes generated by any of the following and that are returned to the soils as fertilizers:
NR 661.0004(2)(d)1.
1. Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels, except as provided by s.
NR 666.112 for facilities that burn or process hazardous waste.
NR 661.0004(2)(d)2.
2. All of the following wastes generated primarily from processes that support the combustion of coal or other fossil fuels that are co-disposed with the wastes in subd.
1., except as provided by s.
NR 666.112 for facilities that burn or process hazardous waste:
NR 661.0004(2)(d)2.a.
a. Coal pile run-off. For the purposes of par.
(d), “coal pile run-off” means any precipitation that drains off coal piles.
NR 661.0004(2)(d)2.b.
b. Boiler cleaning solutions. For the purposes of par.
(d), “boiler cleaning solutions” means water solutions and chemical solutions used to clean the fire-side and water-side of the boiler.
NR 661.0004(2)(d)2.c.
c. Boiler blowdown. For the purposes of par.
(d), “boiler blowdown” means water purged from boilers used to generate steam.
NR 661.0004(2)(d)2.d.
d. Process water treatment and demineralizer regeneration wastes. For the purposes of par.
(d), “process water treatment and demineralizer regeneration wastes” means sludges, rinses, and spent resins generated from processes to remove dissolved gases, suspended solids, and dissolved chemical salts from combustion system process water.
NR 661.0004(2)(d)2.e.
e. Cooling tower blowdown. For the purposes of par.
(d), “cooling tower blowdown” means water purged from a closed cycle cooling system. Closed cycle cooling systems include cooling towers, cooling ponds, or spray canals.
NR 661.0004(2)(d)2.f.
f. Air heater and precipitator washes. For the purposes of par.
(d), “air heater and precipitator washes” means wastes from cleaning air preheaters and electrostatic precipitators.
NR 661.0004(2)(d)2.g.
g. Effluents from floor and yard drains and sumps. For the purposes of par.
(d), “effluents from floor and yard drains and sumps” means wastewaters, such as wash water, collected by or from floor drains, equipment drains, and sumps located inside the power plant building; and wastewaters, such as rain runoff, collected by yard drains and sumps located outside the power plant building.
NR 661.0004(2)(d)2.h.
h. Wastewater treatment sludges. For the purposes of par.
(d), “wastewater treatment sludges” refers to sludges generated from the treatment of wastewaters specified in subd
. 2. a. to
f. NR 661.0004(2)(e)
(e) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas or geothermal energy.
NR 661.0004(2)(f)1.
1. Wastes that fail the test for the Toxicity Characteristic specified in s.
NR 661.0024 because chromium is present or are listed in subch.
D due to the presence of chromium, which do not fail the test for the Toxicity Characteristic for any other constituent or are not listed due to the presence of any other constituent, and which do not fail the test for any other characteristic, if it is shown by a waste generator or by waste generators that all of the following apply:
NR 661.0004(2)(f)1.a.
a. The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium.
NR 661.0004(2)(f)1.b.
b. The waste is generated from an industrial process that uses trivalent chromium exclusively, or nearly exclusively, and the process does not generate hexavalent chromium.
NR 661.0004(2)(f)2.
2. Specific wastes that meet the standard in subd.
1. a. to
c., so long as they do not fail the test for the Toxicity Characteristic for any other constituent, and do not exhibit any other characteristic, are any of the following:
NR 661.0004(2)(f)2.a.
a. Chrome blue trimmings generated by the following subcategories of the leather tanning and finishing industry: hair pulp or chrome tan or retan or wet finish, hair save or chrome tan or retan or wet finish, retan or wet finish, no beamhouse, through-the-blue, and shearling.
NR 661.0004(2)(f)2.b.
b. Chrome blue shavings generated by the following subcategories of the leather tanning and finishing industry: hair pulp or chrome tan or retan or wet finish, hair save or chrome tan or retan or wet finish, retan or wet finish, no beamhouse, through-the-blue, and shearling.
NR 661.0004(2)(f)2.c.
c. Buffing dust generated by the following subcategories of the leather tanning and finishing industry: hair pulp or chrome tan or retan or wet finish, hair save or chrome tan or retan or wet finish, retan or wet finish, no beamhouse, through-the-blue.
NR 661.0004(2)(f)2.d.
d. Sewer screenings generated by the following subcategories of the leather tanning and finishing industry: hair pulp or chrome tan or retan or wet finish, hair save or chrome tan or retan or wet finish, retan or wet finish, no beamhouse, through-the-blue, and shearling.
NR 661.0004(2)(f)2.e.
e. Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; and through-the-blue.
NR 661.0004(2)(f)2.f.
f. Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; and through-the-blue.
NR 661.0004(2)(f)2.g.
g. Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries.
NR 661.0004(2)(f)2.h.
h. Wastewater treatment sludges from the production of TiO
2 pigment using chromium-bearing ores by the chloride process.
NR 661.0004(2)(g)
(g) Solid waste from the extraction, beneficiation, and processing of ores and minerals, including coal, phosphate rock, and overburden from the mining of uranium ore, except as provided under s.
NR 666.112 for facilities that burn or process hazardous waste.
NR 661.0004(2)(g)1.
1. For the purposes of this paragraph, beneficiation of ores and minerals is restricted to the following activities: crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briquetting; calcining to remove water or carbon dioxide; roasting, autoclaving, or chlorination in preparation for leaching, except where the roasting, autoclaving, chlorination, or leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing; gravity concentration; magnetic separation; electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank, and in situ leaching.
NR 661.0004(2)(g)2.
2. For the purposes of this paragraph, solid waste from the processing of ores and minerals includes only the following wastes as generated:
NR 661.0004(2)(g)2.h.
h. Calcium sulfate wastewater treatment plant sludge from primary copper processing.
NR 661.0004(2)(g)2.q.
q. Basic oxygen furnace and open hearth furnace air pollution control dust/sludge from carbon steel production.
NR 661.0004(2)(g)3.
3. A residue derived from co-processing mineral processing secondary material with normal beneficiation raw materials or with normal mineral processing raw materials remains excluded under this subsection if the owner or operator does all of the following:
