Chapter NR 662

NR 662.017(1)(f) (f) Emergency procedures. The large quantity generator complies with the standards in subch. M, Preparedness, Prevention and Emergency Procedures for Large Quantity Generators.

NR 662.017(1)(g) (g) Personnel training.

NR 662.017(1)(g)1. 1.

NR 662.017(1)(g)1.a. a. Facility personnel shall successfully complete a program of classroom instruction, online training or computer-based training, or on-the-job training that teaches them to perform their duties in a way that ensures compliance with this chapter. The large quantity generator shall ensure that this program includes all the elements described in the document required under subd. 4.

NR 662.017(1)(g)1.b. b. This program shall be directed by a person trained in hazardous waste management procedures, and shall include instruction that teaches facility personnel hazardous waste management procedures, including contingency plan implementation, relevant to the positions in which they are employed.

NR 662.017(1)(g)1.c. c. At a minimum, the training program shall be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including the following where applicable: procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment; key parameters for automatic waste feed cut-off systems; communications or alarm systems; response to fires or explosions; response to ground-water contamination incidents; and shutdown of operations.

NR 662.017(1)(g)1.d. d. For facility employees that receive emergency response training according to Occupational Safety and Health Administration regulations 29 CFR 1910.120 (p) (8) and 1910.120 (q) incorporated into s. SPS 332.50, the large quantity generator is not required to provide separate emergency response training according to this section, provided that the overall facility training meets all the conditions of exemption in this section.

NR 662.017(1)(g)2. 2. Facility personnel shall successfully complete the program required in subd. 1. within 6 months after the date of their employment or assignment to the facility, or to a new position at the facility, whichever is later. Employees may not work in unsupervised positions until they have completed the training standards required in subd. 1.

NR 662.017(1)(g)3. 3. Facility personnel shall take part in an annual review of the initial training required in subd. 1.

NR 662.017(1)(g)4. 4. The large quantity generator shall maintain all of the following documents and records at the facility:

NR 662.017(1)(g)4.a. a. The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job.

NR 662.017(1)(g)4.b. b. A written job description for each position listed under subd. 4. a. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but shall include the requisite skill, education, or other qualifications, and duties of facility personnel assigned to each position.

NR 662.017(1)(g)4.c. c. A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under subd. 4. a.

NR 662.017(1)(g)4.d. d. Records that document that the training or job experience, required under subds. 1., 2., and 3. has been given to, and completed by, facility personnel.

NR 662.017(1)(g)5. 5. Training records on current personnel shall be kept until closure of the facility. Training records on former employees shall be kept for at least 3 years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.

NR 662.017(1)(h) (h) Closure. A large quantity generator accumulating hazardous wastes in containers, tanks, drip pads, and containment buildings, prior to closing a unit at the facility, or prior to closing the facility, shall meet all of the following:

NR 662.017(1)(h)1. 1. ‘Notification for closure of a waste accumulation unit.’ A large quantity generator shall perform one of the following actions when closing a waste accumulation unit:

NR 662.017(1)(h)1.a. a. Place a notice in the operating record within 30 days after closure identifying the location of the unit within the facility.

NR 662.017(1)(h)1.b. b. Meet the closure performance standards of subd. 3. for container, tank, and containment building waste accumulation units or subd. 4. for drip pads and notify the department following the procedures in subd. 2. b. for the waste accumulation unit. If the waste accumulation unit is subsequently reopened, the generator may remove the notice from the operating record.

NR 662.017(1)(h)2. 2. ‘Notification for closure of the facility.’

NR 662.017(1)(h)2.a. a. Notify the department using form 8700-12 no later than 30 days prior to closing the facility.

NR 662.017(1)(h)2.b. b. Notify the department using form 8700-12 within 90 days after closing the facility that it has complied with the closure performance standards of subd. 3. or 4. If the facility cannot meet the closure performance standards of subd. 3. or 4., notify the department using form 8700-12 that it will close as a landfill under s. NR 665.0310 in the case of a container, tank or containment building unit, or for a facility with drip pads, notify the department using form 8700-12 that it will close under the standards specified in s. NR 665.0445 (2).

NR 662.017(1)(h)2.c. c. A large quantity generator may request additional time to clean close, but it shall notify the department using form 8700-12 within 75 days after the date provided in subd. 2. a. to request an extension and provide an explanation as to why the additional time is required.

NR 662.017(1)(h)3. 3. ‘Closure performance standards for container, tank systems, and containment building waste accumulation units.’ At closure, the generator shall close the waste accumulation unit or facility in a manner that meets all of the following:

NR 662.017(1)(h)3.a. a. Minimizes the need for further maintenance by controlling, minimizing, or eliminating, to the extent necessary to protect human health and the environment, the post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere.

NR 662.017(1)(h)3.b. b. Removes or decontaminates all contaminated equipment, structures and soil and any remaining hazardous waste residues from waste accumulation units including containment system components, contaminated soils and subsoils, bases, and structures and equipment contaminated with waste, unless s. NR 661.0003 (4) applies.

NR 662.017(1)(h)3.c. c. Any hazardous waste generated in the process of closing either the generator’s facility or units accumulating hazardous waste shall be managed in accordance with all applicable standards under chs. NR 662, 663, 665 and 668, including removing any hazardous waste contained in these units within 90 days of generating it and managing these wastes in a RCRA Subtitle C hazardous waste permitted treatment, storage and disposal facility or interim status facility.

NR 662.017(1)(h)3.d. d. If the generator demonstrates that any contaminated soils and wastes cannot be practicably removed or decontaminated as required in subd. 3. b., then the waste accumulation unit is considered to be a landfill and the generator shall close the waste accumulation unit and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills under s. NR 665.0310. In addition, for the purposes of closure, post-closure, and financial responsibility, the waste accumulation unit is then considered to be a landfill, and the generator shall meet all of the requirements for landfills specified in subchs. G and H of ch. NR 665.

NR 662.017(1)(h)4. 4. ‘Closure performance standards for drip pad waste accumulation units.’ At closure, the generator shall comply with the closure requirements of subds. 2. and 3.a. and c. and s. NR 665.0445 (1) and (2).

NR 662.017(1)(h)5. 5. ‘Applicability of closure performance standards to satellite accumulation areas.’ The closure requirements of this paragraph do not apply to satellite accumulation areas.

NR 662.017(1)(i) (i) Land disposal restrictions. The large quantity generator complies with all applicable requirements under ch. NR 668.

NR 662.017(2) (2) Accumulation time limit extension. A large quantity generator who accumulates hazardous waste for more than 90 days is subject to the requirements under chs. NR 664 to 668 and 670, and the notification requirements under s. NR 660.07, unless it has been granted an extension to the 90-day period. An extension may be granted by the department if hazardous wastes must remain on-site for longer than 90 days due to unforeseen, temporary, and uncontrollable circumstances. A one-time extension of up to 30 days, per occurrence, may be granted at the discretion of the department on a case-by-case basis.

NR 662.017(3) (3) Accumulation of f006 waste. A large quantity generator that also generates wastewater treatment sludges from electroplating operations that meet the listing description for the EPA hazardous waste number F006, may accumulate F006 waste on-site for more than 90 days, but not more than 180 days without being subject to chs. NR 664 to 667 and 670, and the notification requirements under s. NR 660.07, provided that it complies with all of the following additional conditions for exemption:

NR 662.017(3)(a) (a) The large quantity generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants, or contaminants entering F006 or otherwise released to the environment prior to its recycling.

NR 662.017(3)(b) (b) The F006 waste is legitimately recycled through metals recovery.

NR 662.017(3)(c) (c) No more than 20,000 kilograms of F006 waste is accumulated on-site at any one time.

NR 662.017(3)(d) (d) The F006 waste is managed in accordance with all of the following:

NR 662.017(3)(d)1. 1.

NR 662.017(3)(d)1.a. a. If the F006 waste is placed in containers, the large quantity generator shall comply with the applicable conditions for exemption under sub. (1) (a).

NR 662.017(3)(d)1.b. b. If the F006 is placed in tanks, the large quantity generator shall comply with the applicable conditions for exemption under sub. (1) (b).

NR 662.017(3)(d)1.c. c. If the F006 is placed in containment buildings, the large quantity generator shall comply with subch. DD of ch. NR 665, and shall place its professional engineer certification that the building complies with the design standards specified in s. NR 665.1101 in the facility’s files prior to operation of the unit. One of the following records shall be maintained and readily available for inspection:

1) A written description of procedures to ensure that the F006 waste remains in the unit for no more than 180 days, a written description of the waste generation, and management practices for the facility showing that they are consistent with the 180-day limit, and documentation that the large quantity generator is complying with the procedures.

2) Documentation that the unit is emptied at least once every 180 days.

NR 662.017(3)(d)2. 2. The large quantity generator is exempt from all the requirements in subchs. G and H of ch. NR 665, except for those referenced in sub. (1) (h).

NR 662.017(3)(d)3. 3. The date upon which each period of accumulation begins is clearly marked and shall be clearly visible for inspection on each container.

NR 662.017(3)(d)4. 4. While being accumulated on-site, each container and tank is labeled or marked clearly with all of the following:

NR 662.017(3)(d)4.a. a. The words “Hazardous Waste.”

NR 662.017(3)(d)4.b. b. 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 662.017(3)(d)5. 5. The large quantity generator complies with the requirements specified in sub. (1) (f) and (g).

NR 662.017(4) (4) F006 waste transported over 200 miles. A large quantity generator who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the EPA hazardous waste number F006, and who shall transport this waste, or offer this waste for transportation, over a distance of 200 miles or more for off-site metals recovery, may accumulate F006 waste on-site for more than 90 days, but not more than 270 days without being subject to chs. NR 664 to 667, 670, and the notification requirements under s. NR 660.07, if the large quantity generator complies with all of the conditions for exemption under sub. (3) (a) to (d).

NR 662.017(5) (5) F006 waste accumulation time extension. A large quantity generator accumulating F006 in accordance with subs. (3) and (4) who accumulates F006 waste on-site for more than 180 days, or for more than 270 days if the generator must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more, or who accumulates more than 20,000 kilograms of F006 waste on-site is an operator of a storage facility and is subject to the requirements under chs. NR 664, 665, 667, and 670, and the notification requirements under s. NR 660.07, unless the generator has been granted an extension to the 180 days, or 270 days if applicable, period or an exception to the 20,000 kilograms accumulation limit. Such extensions and exceptions may be granted by the department if the F006 waste must remain on-site for longer than 180 days, or 270 days if applicable, or if more than 20,000 kilograms of F006 waste must remain on-site due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days or an exception to the accumulation limit may be granted at the discretion of the department on a case-by-case basis.

NR 662.017(6) (6) Consolidation of hazardous waste received from very small quantity generators. In this subsection “control” means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that a contractor who operates generator facilities on behalf of a different person may not be deemed to “control” such generators. Large quantity generators may accumulate on-site hazardous waste received from very small quantity generators under control of the same person as defined in s. NR 660.10 (90), without a storage license or interim status and without complying with the requirements under chs. NR 664 to 668 and 670, and the notification requirements under s. NR 660.07, provided they comply with all of the following:

NR 662.017(6)(a) (a) The large quantity generator notifies the department at least 30 days prior to receiving the first shipment from a very small quantity generator using EPA Form 8700-12. The large quantity generator shall do all of the following:

NR 662.017(6)(a)1. 1. Identify on the form the name and site address for the very small quantity generator as well as the name and business telephone number for a contact person for the very small quantity generator.

NR 662.017(6)(a)2. 2. Submit an updated Site ID form using EPA Form 8700-12 within 30 days after a change in the name or site address for the very small quantity generator.

NR 662.017(6)(b) (b) The large quantity generator maintains records of shipments for 3 years from the date the hazardous waste was received from the very small quantity generator. These records shall identify the name, site address, and contact information for the very small quantity generator and include a description of the hazardous waste received, including the quantity and the date the waste was received.

NR 662.017(6)(c) (c) The large quantity generator complies with the independent requirements identified in s. NR 662.010 (1) (a) 3. and the conditions for exemption in this section for all hazardous waste received from a very small quantity generator. For purposes of the labeling and marking regulations under sub. (1) (e), the large quantity generator shall label the container or unit with the date the hazardous waste was received from the very small quantity generator. If the large quantity generator is consolidating incoming hazardous waste from a very small quantity generator with either its own hazardous waste or with hazardous waste from other very small quantity generators, the large quantity generator shall label each container or unit with the earliest date any hazardous waste in the container was accumulated on-site.

NR 662.017(7) (7) Rejected load. A large quantity generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions under s. NR 664.0072 or 665.0072 may accumulate the returned waste on-site in accordance with subs. (1) and (2). Upon receipt of the returned shipment, the generator shall do one of the following:

NR 662.017(7)(a) (a) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest.

NR 662.017(7)(b) (b) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.

NR 662.017 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (intro.), (c) 1., (d) 1., (h) 4., (2), (6) (intro.), (7) (intro.) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

NR 662.018 NR 662.018 EPA identification numbers and re-notification for small quantity generators and large quantity generators.

NR 662.018(1) (1) A generator may not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an EPA identification number from the department.

NR 662.018(2) (2) A generator who has not received an EPA identification number shall obtain one by applying to the department using EPA Form 8700-12. Upon receiving the request, the department will assign an EPA identification number to the generator.

NR 662.018(3) (3) A generator may not offer its hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number.

NR 662.018(4) (4) 

NR 662.018(4)(a) (a) A small quantity generator shall re-notify the department by March 1 of each even-numbered year using EPA Form 8700-12. A small quantity generator may submit this re-notification as part of its annual report required under s. NR 662.041.

NR 662.018(4)(b) (b) A large quantity generator shall re-notify the department by March 1 of each even-numbered year using EPA Form 8700-12. A large quantity generator may submit this re-notification as part of its annual report required under s. NR 662.041.

NR 662.018(5) (5) A recognized trader may not arrange for import or export of hazardous waste without having received an EPA identification number from the department.

NR 662.018 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

subch. B of ch. NR 662 Subchapter B — Manifest Requirements Applicable to Small and Large Quantity Generators

NR 662.020 NR 662.020 General requirements.

NR 662.020(1) (1) 

NR 662.020(1)(a) (a) A generator that transports, or offers for transport a hazardous waste for off-site treatment, storage, or disposal, or a treatment, storage, or disposal facility that offers for transport a rejected hazardous waste load, shall prepare a Manifest, OMB Control number 2050-0039, on EPA Form 8700-22, and, if necessary, EPA Form 8700-22A.

NR 662.020(1)(b) (b) The revised manifest form and procedures specified in ss. NR 660.10, 661.0007, 662.016, 662.017, 662.020, 662.021, 662.027, 662.032, 662.083, and 662.084 may not apply until September 5, 2006. The manifest form and procedures specified in ss. NR 660.10, 661.0007, 662.020, 662.021, 662.032, 662.083, and 662.084 contained in chs. NR 660 to 665, edition revised as of July 1, 2004, shall be applicable until September 5, 2006.

NR 662.020(1)(c) (c) In lieu of using the manifest form specified in sub. (1) (a), a person required to prepare a manifest under sub. (1) (a) of this section may prepare and use an electronic manifest, provided that the person does all of the following:

NR 662.020(1)(c)1. 1. Complies with the requirements specified in s. NR 662.024 for use of electronic manifests.

NR 662.020(1)(c)2. 2. Complies with the requirements of 40 CFR 3.10 for the reporting of electronic documents to EPA.

NR 662.020(2) (2) A generator shall designate on the manifest one facility that is permitted to handle the waste described on the manifest.

NR 662.020(3) (3) A generator may also designate on the manifest one alternate facility that is permitted to handle the waste in the event an emergency prevents delivery of the waste to the primary designated facility.

NR 662.020(4) (4) If the transporter is unable to deliver the hazardous waste to the designated facility or the alternate facility, the generator shall either designate another facility or instruct the transporter to return the waste.

NR 662.020(5) (5) The requirements of this subchapter do not apply to hazardous waste produced by small quantity generators where all of the following occurs:

NR 662.020(5)(a) (a) The waste is reclaimed under a contractual agreement according to which:

NR 662.020(5)(a)1. 1. The type of waste and frequency of shipments are specified in the agreement.

NR 662.020(5)(a)2. 2. The vehicle used to transport the waste to the recycling facility and to deliver regenerated material back to the generator is owned and operated by the reclaimer of the waste.

NR 662.020(5)(b) (b) The generator maintains a copy of the reclamation agreement in its files for a period of at least 3 years after termination or expiration of the agreement.

NR 662.020(6) (6) The requirements of this subchapter and s. NR 662.032 (2) do not apply to the transport of hazardous wastes on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of-way. Excluding s. NR 663.10 (1), the generator or transporter shall comply with the requirements for transporters set forth in ss. NR 663.30 and 663.31 in the event of a discharge of hazardous waste on a public or private right-of-way.

NR 662.020 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (b) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (1) (b) made under ss. 13.92 (4) (b) 7. and 35.17, Stats., Register April 2021 No. 784.

NR 662.021 NR 662.021 Manifest tracking numbers, manifest printing, and obtaining manifests.