Chapter NR 662

NR 662.011 NR 662.011 Hazardous waste determination and recordkeeping. A person who generates a solid waste, as defined in s. NR 661.0002, shall make an accurate determination as to whether that waste is a hazardous waste in order to ensure wastes are properly managed according to chs. NR 660 to 679. A hazardous waste determination is made using all of the following steps:

NR 662.011(1) (1) The hazardous waste determination for each solid waste shall be made at the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs, and at any time in the course of its management that it has, or may have, changed its properties as a result of exposure to the environment or other factors that may change the properties of the waste such that the RCRA classification of the waste may change.

NR 662.011(2) (2) A person shall determine whether the solid waste is excluded from regulation under s. NR 661.0004.

NR 662.011(3) (3) If the waste is not excluded under s. NR 661.0004, the person shall use knowledge of the waste to determine whether the waste meets any of the listing descriptions under subch. D of ch. NR 661. Acceptable knowledge that may be used in making an accurate determination as to whether the waste is listed may include waste origin, composition, the process producing the waste, feedstock, and other reliable and relevant information. If the waste is listed, the person may file a delisting petition under 40 CFR 260.20 and 260.22 to demonstrate to the EPA administrator that the waste from this particular site or operation is not a hazardous waste. The department shall recognize an EPA granted delisting unless the department clearly establishes that a delisting would threaten human health or the environment.

NR 662.011(4) (4) The person shall also determine whether the waste exhibits one or more hazardous characteristics as identified in subch. C of ch. NR 661 by following all of the following procedures:

NR 662.011(4)(a) (a) The person shall apply knowledge of the hazard characteristic of the waste in light of the materials or the processes used to generate the waste. Acceptable knowledge may include any of the following: process knowledge, which describes information about chemical feedstocks and other inputs to the production process; knowledge of products, by-products, and intermediates produced by the manufacturing process; chemical or physical characterization of wastes; information on the chemical and physical properties of the chemicals used or produced by the process or otherwise contained in the waste; testing that illustrates the properties of the waste; or other reliable and relevant information about the properties of the waste or its constituents. A test other than a test method set forth in subch. C of ch. NR 661, or an equivalent test method approved by the department under s. NR 660.21, may be used as evidence of a person’s knowledge to determine whether a solid waste exhibits a characteristic of hazardous waste. However, such tests do not, by themselves, provide definitive results. A person testing the waste shall obtain a representative sample of the waste for the testing, as defined in s. NR 660.10 (101).

NR 662.011(4)(b) (b) When available knowledge is inadequate to make an accurate determination, the person shall test the solid waste according to the applicable methods set forth in subch. C of ch. NR 661 or according to an equivalent method approved by the department under s. NR 660.21 and in accordance with all of the following:

NR 662.011(4)(b)1. 1. A person testing the waste shall obtain a representative sample of the waste for the testing, as defined in s. NR 660.10 (101).

NR 662.011(4)(b)2. 2. When a test method is specified in subch. C of ch. NR 661, the results of the regulatory test, when properly performed, are definitive for determining the regulatory status of the waste.

NR 662.011 Note Note: Wisconsin hazardous waste treatment, storage and disposal facility standard s. NR 664.0013 (1) (a) 1. requires that chemical and physical samples are analyzed by a laboratory certified or registered under ch. NR 149, except for field analyses for pH, specific conductance, and temperature.

NR 662.011(5) (5) If the waste is determined to be hazardous, the generator shall refer to chs. NR 661, 664 to 668, and 673 for other possible exclusions or restrictions pertaining to management of the specific waste.

NR 662.011(6) (6) A small or large quantity generator shall maintain records supporting its hazardous waste determinations, including records that identify whether a solid waste is a hazardous waste, as defined in s. NR 661.0003. Records shall be maintained for at least 3 years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal. These records shall comprise the generator’s knowledge of the waste and support the generator’s determination, as described in pars. (3) and (4). The records shall include the following types of information: the results of any tests, sampling, waste analyses, or other determinations made in accordance with this section; records documenting the tests, sampling, and analytical methods used to demonstrate the validity and relevance of such tests; records consulted in order to determine the process by which the waste was generated, the composition of the waste, and the properties of the waste; and records which explain the knowledge basis for the generator’s determination, as described in sub. (4) (a). The periods of record retention referred in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the department.

NR 662.011(7) (7) If the waste is determined to be hazardous, small quantity generators and large quantity generators shall identify all applicable EPA hazardous waste numbers (EPA hazardous waste codes) in subchs. C and D of ch. NR 661. Prior to shipping the waste off-site, the generator also shall mark its containers with all applicable EPA hazardous waste numbers, or EPA hazardous waste codes, as specified in s. NR 662.032.

NR 662.011 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (4) (intro.), (b) 1., (5) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 662.013 NR 662.013 Generator category determination. A generator shall determine its generator category. A generator’s category is based on the amount of hazardous waste generated each month and may change from month to month. This section sets forth procedures to determine whether a generator is a “very small quantity generator,” a “small quantity generator,” or a “large quantity generator” for a particular month, as each of those terms is defined in s. NR 660.10, by applying any of the following, as applicable:

NR 662.013(1) (1) Generators of either acute hazardous waste or non-acute hazardous waste. A generator who either generates acute hazardous waste or non-acute hazardous waste in a calendar month shall determine its generator category for that month by doing all of the following:

NR 662.013(1)(a) (a) Counting the total amount of hazardous waste generated in the calendar month.

NR 662.013(1)(b) (b) Subtracting from the total any amounts of waste exempt from counting as described in subs. (3) and (4).

NR 662.013(1)(c) (c) Determining the resulting generator category for the hazardous waste generated using Table 1.

NR 662.013(2) (2) Generators of both acute and non-acute hazardous wastes. A generator who generates both acute hazardous waste and non-acute hazardous waste in the same calendar month shall determine its generator category for that month by doing all of the following:

NR 662.013(2)(a) (a) Counting separately the total amount of acute hazardous waste and the total amount of non-acute hazardous waste generated in the calendar month.

NR 662.013(2)(b) (b) Subtracting from each total any amounts of waste exempt from counting as described in subs. (3) and (4).

NR 662.013(2)(c) (c) Determining separately the resulting generator categories for the quantities of acute and non-acute hazardous waste generated using Table 1.

NR 662.013(2)(d) (d) Comparing the resulting generator categories from par. (c) and applying the more stringent generator category to the accumulation and management of both non-acute hazardous waste and acute hazardous waste generated for that month.

Table 1

Generator Categories Based on Quantity of Waste Generated in a Calendar Month

- See PDF for table

NR 662.013(3) (3) Monthly quantity-based determinations. When making the monthly quantity-based determinations required under this chapter, the generator shall include all hazardous waste that it generates, except hazardous waste that is any of the following:

NR 662.013(3)(a) (a) Exempt from regulation under ss. NR 661.0004 (3) to (6), 661.0006 (1) (c), 661.0007 (1) (a), or 661.0008.

NR 662.013(3)(b) (b) Managed immediately upon generation in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in s. NR 660.10.

NR 662.013(3)(c) (c) Recycled, without prior storage or accumulation, only in an on-site process subject to regulation under s. NR 661.0006 (3) (b).

NR 662.013(3)(d) (d) Used oil that is managed under the requirements specified in s. NR 661.0006 (1) (d) and ch. NR 679.

NR 662.013(3)(e) (e) Spent lead-acid batteries managed under the requirements specified in subch. G of ch. NR 666.

NR 662.013(3)(f) (f) Universal waste managed under s. NR 661.0009 and ch. NR 673.

NR 662.013(3)(g) (g) A hazardous waste that is an unused commercial chemical product listed in subch. D of ch. NR 661 or exhibiting one or more characteristics in subch. C of ch. NR 661 that is generated solely as a result of a laboratory clean-out under s. NR 662.213 conducted at an eligible academic entity, as defined in s. NR 662.200 (3).

NR 662.013(3)(h) (h) Managed as part of an episodic event in compliance with the conditions under subch. L.

NR 662.013(3)(i) (i) A hazardous waste pharmaceutical, as defined in s. NR 666.500, that is subject to or managed in accordance with subch. P of ch. NR 666 or is a hazardous waste pharmaceutical that is also a drug enforcement administration controlled substance and is conditionally exempt under s. NR 666.506.

NR 662.013(4) (4) Determining the quantity of hazardous waste generated in a calendar month. In determining the quantity of hazardous waste generated in a calendar month, a generator need not include any of the following:

NR 662.013(4)(a) (a) Hazardous waste when it is removed from on-site accumulation, so long as the hazardous waste was previously counted once.

NR 662.013(4)(b) (b) Hazardous waste generated by on-site treatment, including reclamation, of the generator’s hazardous waste, so long as the hazardous waste that is treated was previously counted once.

NR 662.013(4)(c) (c) Hazardous waste spent materials that are generated, reclaimed, and subsequently reused on-site, so long as the spent materials were previously counted once.

NR 662.013(5) (5) Generator category. Based on the generator category as determined under this section, the generator shall meet the applicable independent requirements listed in s. NR 662.010. A generator’s category also determines which of the provisions specified in s. NR 662.014, 662.015, 662.016, or 662.017 shall be met to obtain an exemption from the storage facility license, interim status, and operating requirements when accumulating hazardous waste.

NR 662.013(6) (6) Mixing hazardous wastes with solid wastes.

NR 662.013(6)(a) (a) Very small quantity generator wastes.

NR 662.013(6)(a)1. 1. Hazardous wastes generated by a very small quantity generator may, as part of a treatment process, be mixed with solid wastes. A very small quantity generator may, as part of a treatment process, mix a portion or all of its hazardous waste with solid waste and remain subject to s. NR 662.014 even though the resultant mixture exceeds the quantity limits identified in the definition of very small quantity generator under s. NR 660.10 (139), unless the mixture exhibits one or more of the characteristics of hazardous waste identified in subch. C of ch. NR 661. Legitimate treatment processes include the following examples: stabilization and solidification, polymerization, electrochemical oxidation of organic chemicals, elementary neutralization, and precipitating heavy metals out of solution.

NR 662.013 Note Note: The mixing of hazardous waste by a very small quantity generator into a disposal container, such as a roll off box containing solid wastes, is not considered a treatment process.

NR 662.013(6)(a)2. 2. If the resulting mixture exhibits a characteristic of hazardous waste, this resultant mixture is a newly generated hazardous waste. The very small quantity generator shall count both the resultant mixture amount plus the other hazardous waste generated in the calendar month to determine whether the total quantity exceeds the very small quantity generator calendar month quantity limits identified in the definition of generator categories under s. NR 660.10. If so, to remain exempt from the permitting, interim status, and operating standards, the very small quantity generator shall meet the conditions for exemption applicable to either a small quantity generator or a large quantity generator. The very small quantity generator shall also comply with the applicable independent requirements for either a small quantity generator or a large quantity generator.

NR 662.013(6)(a)3. 3. If a very small quantity generator’s wastes are mixed with used oil, the mixture is subject to ch. NR 679. Any material produced from such a mixture by processing, blending, or other treatment is also regulated under ch. NR 679.

NR 662.013(6)(b) (b) Small quantity generator and large quantity generator wastes.

NR 662.013(6)(b)1. 1. Hazardous wastes generated by a small quantity generator or large quantity generator may be mixed with solid waste. These mixtures are subject to the following: the mixture rule specified in s. NR 661.0003 (1) (b) 4., (2) (b) and (c), and (7) (b) 1.; the prohibition of dilution rule specified in s. NR 668.03 (1); the land disposal restriction requirements specified in s. NR 668.40 if a characteristic hazardous waste is mixed with a solid waste so that it no longer exhibits the hazardous characteristic; and the hazardous waste determination requirement specified in s. NR 662.011.

NR 662.013(6)(b)2. 2. If the resulting mixture is found to be a hazardous waste, this resultant mixture is a newly generated hazardous waste. A small quantity generator shall count both the resultant mixture amount plus the other hazardous waste generated in the calendar month to determine whether the total quantity exceeds the small quantity generator calendar monthly quantity limits identified in the definition of generator categories under s. NR 660.10. If so, to remain exempt from the permitting, interim status, and operating standards, the small quantity generator shall meet the conditions for exemption applicable to a large quantity generator. The small quantity generator shall also comply with the applicable independent requirements for a large quantity generator.

NR 662.013 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (intro.), (3) (a) to (i), (6) (b) 1. made under s. 35.17, Stats., Register August 2020 No. 776; correction in (6) (a) 1. made under s. 35.17, Stats., Register April 2021 No. 784.

NR 662.014 NR 662.014 Conditions for exemption for a very small quantity generator.

NR 662.014(1) (1) Provided that the very small quantity generator meets all of the conditions for exemption listed in this section, hazardous waste generated by the very small quantity generator is not subject to the requirements under chs. NR 662 (except for the requirements under ss. NR 662.010 to 662.014) to 668, and 670, and the notification requirements under s. NR 660.07, and the very small quantity generator may accumulate hazardous waste on-site without complying with such requirements. The conditions for exemption are all of the following:

NR 662.014(1)(a) (a) In a calendar month the very small quantity generator generates less than or equal to the amounts specified for a very small quantity generator in s. NR 660.10 (139).

NR 662.014(1)(b) (b) The very small quantity generator complies with s. NR 662.011 (1) to (4).

NR 662.014 Note Note: It is recommended that a very small quantity generator follow the recordkeeping requirements specified in s. NR 662.011 (6) to document its waste determinations.

NR 662.014(1)(c) (c) If the very small quantity generator accumulates at any time greater than 1 kilogram of acute hazardous waste or 100 kilograms of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in s. NR 661.0031 or 661.0033 (5), all quantities of that acute hazardous waste are subject to all of the following additional conditions for exemption:

NR 662.014(1)(c)1. 1. The waste is held on-site for no more than 90 days beginning on the date when the accumulated wastes exceed the amounts provided in s. NR 662.014 (1) (c).

NR 662.014(1)(c)2. 2. The conditions for exemption specified in s. NR 662.017 (1) to (7) are met.

NR 662.014(1)(d) (d) If the very small quantity generator accumulates at any time 1,000 kilograms or greater of non-acute hazardous waste, all quantities of that hazardous waste are subject to all of the following additional conditions for exemption:

NR 662.014(1)(d)1. 1. The waste is held on-site for no more than 180 days, or 270 days if the generator meets the requirements specified in s. NR 662.016 (3), beginning on the date when the accumulated waste exceeds the amounts provided in s. NR 662.014 (1) (c).

NR 662.014(1)(d)2. 2. The quantity of waste accumulated on-site never exceeds 6,000 kilograms.

NR 662.014(1)(d)3. 3. The conditions for exemption specified in s. NR 662.016 (2) (b) to (6) are met.

NR 662.014(1)(e) (e) A very small quantity generator that accumulates hazardous waste in amounts less than or equal to the limits specified in pars. (c) and (d) shall either treat or dispose of its hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage, or disposal facility. If the off-site treatment, storage, or disposal facility is located outside of Wisconsin, the facility shall be one of the following:

NR 662.014(1)(e)1. 1. Permitted under 40 CFR part 270.

NR 662.014(1)(e)2. 2. In interim status under 40 CFR parts 265 and 270.

NR 662.014(1)(e)3. 3. Authorized to manage hazardous waste by a state with a hazardous waste management program approved under 40 CFR part 271.

NR 662.014(1)(e)4. 4. Permitted, licensed, or registered by a state to manage municipal solid waste and, if managed in a municipal solid waste landfill, subject 40 CFR part 258.

NR 662.014(1)(e)5. 5. Permitted, licensed, or registered by a state to manage non-municipal non-hazardous waste and, if managed in a non-municipal non-hazardous waste disposal unit, subject to the requirements in 40 CFR 257.5 to 257.30.

NR 662.014(1)(e)6. 6. A facility that does any of the following:

NR 662.014(1)(e)6.a. a. Beneficially uses or reuses, or legitimately recycles or reclaims, its waste.

NR 662.014(1)(e)6.b. b. Treats its waste prior to beneficial use or reuse or legitimate recycling or reclamation.

NR 662.014(1)(e)7. 7. For universal waste managed under 40 CFR part 273, a universal waste handler or destination facility subject to the requirements of 40 CFR part 273.

NR 662.014(1)(e)8. 8. A large quantity generator under the control of the same person as the very small quantity generator, provided all the following conditions are met:

NR 662.014(1)(e)8.a. a. “Control,” for the purposes of this section, means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facilities on behalf of a different person as defined in s. NR 660.10 (90) may not be deemed to “control” such generators.

NR 662.014(1)(e)8.b. b. The very small quantity generator and the large quantity generator are under the control of the same person as defined in 40 CFR 260.10.

NR 662.014(1)(e)8.c. c. The very small quantity generator marks its container of hazardous waste with the words “Hazardous Waste” and an indication of the hazards of the contents. Acceptable indications of hazardous contents include the following: applicable hazardous waste characteristic or characteristics, such as ignitable, corrosive, reactive, or toxic; hazard communication consistent with the department of transportation requirements on labeling or placarding, incorporated into s. Trans 326.01 (3); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard, incorporated into s. SPS 332.50; or a chemical hazard label consistent with the National Fire Protection Association 704 label, incorporated into s. SPS 314.001 (1) (a).

NR 662.014(1)(e)9. 9. A reverse distributor, as defined in s. NR 666.500, if the hazardous waste pharmaceutical is a potentially creditable hazardous waste pharmaceutical generated by a healthcare facility as defined in s. NR 666.500.

NR 662.014(1)(e)10. 10. A healthcare facility as defined in s. NR 666.500 that meets the conditions in ss. NR 666.502 (a) and 666.503 (2), as applicable, to accept non-creditable hazardous waste pharmaceuticals and potentially creditable hazardous waste pharmaceuticals from an off-site healthcare facility that is a very small quantity generator.

NR 662.014(1)(e)11. 11. For airbag waste, an airbag waste collection facility or a designated facility subject to the requirements of 40 CFR 261.4 (j).

NR 662.014(1)(f) (f) A very small quantity generator that accumulates hazardous waste in amounts less than or equal to the limits specified in pars. (c) and (d) shall either treat or dispose of its hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage, or disposal facility. If the off-site treatment, storage, or disposal facility is located in Wisconsin, the facility shall be all of the following:

NR 662.014(1)(f)1. 1. Licensed under ch. NR 670.

NR 662.014(1)(f)2. 2. In interim status under chs. NR 665 and 670.

NR 662.014(1)(f)3. 3. A licensed solid waste disposal facility that has been approved by the department to accept hazardous waste from very small quantity generators.

NR 662.014(1)(f)4. 4. A facility that does any of the following:

NR 662.014(1)(f)4.a. a. Beneficially uses or reuses or legitimately recycles or reclaims its waste.

NR 662.014(1)(f)4.b. b. Treats its waste prior to beneficial use or reuse or legitimate recycling or reclamation.

NR 662.014(1)(f)5. 5. For universal waste managed under ch. NR 673, a universal waste handler or destination facility subject to the requirements of ch. NR 673.