Chapter NR 662

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.

NR 662.021(1) (1) 

NR 662.021(1)(a) (a) A registrant may not print, or have printed, the manifest for use or distribution unless it has received approval from the EPA Director of the Office of Resource Conservation and Recovery to do so under subs. (3) and (5).

NR 662.021 Note Note: This section is based on 40 CFR 262.21 and is administered and enforced by EPA. Wisconsin has adopted these requirements into its rules for the convenience of the regulated community.

NR 662.021(1)(b) (b) The approved registrant is responsible for ensuring that the organizations identified in its application are in compliance with the procedures of its approved application and the requirements of this section. The registrant is responsible for assigning manifest tracking numbers to its manifests.

NR 662.021(2) (2) A registrant shall submit an initial application to the EPA Director of the Office of Resource Conservation and Recovery that contains all of the following information:

NR 662.021(2)(a) (a) Name and mailing address of registrant.

NR 662.021(2)(b) (b) Name, telephone number and email address of contact person.

NR 662.021(2)(c) (c) Brief description of registrant’s government or business activity.

NR 662.021(2)(d) (d) EPA identification number of the registrant, if applicable.

NR 662.021(2)(e) (e) Description of the scope of the operations that the registrant plans to undertake in printing, distributing, and using its manifests, including all of the following:

NR 662.021(2)(e)1. 1. A description of the printing operation. The description should include an explanation of whether the registrant intends to print its manifests in-house or through a separate and unaffiliated printing company. If the registrant intends to use a separate printing company to print the manifest on its behalf, the application shall identify this printing company and discuss how the registrant will oversee the company. If this includes the use of intermediaries, such as prime and subcontractor relationships, the role of each must be discussed. The application shall provide the name and mailing address of each company. It also shall provide the name and telephone number of the contact person at each company.

NR 662.021(2)(e)2. 2. A description of how the registrant will ensure that its organization and unaffiliated companies, if any, comply with the requirements of this section. The application shall discuss how the registrant will ensure that a unique manifest tracking number will be pre-printed on each manifest. The application shall describe the internal control procedures to be followed by the registrant and unaffiliated companies to ensure that numbers are tightly controlled and remain unique. In particular, the application shall describe how the registrant will assign manifest tracking numbers to its manifests. If computer systems or other infrastructure will be used to maintain, track, or assign numbers, these should be indicated. The application shall also indicate how the printer will pre-print a unique number on each form, such as crash or press numbering. The application also shall explain the other quality procedures to be followed by each establishment and printing company to ensure that all required print specifications are consistently achieved and that printing violations are identified and corrected at the earliest practicable time.

NR 662.021(2)(e)3. 3. An indication of whether the registrant intends to use the manifests for its own business operations or to distribute the manifests to a separate company or to the general public for purchase.

NR 662.021(2)(f) (f) A brief description of the qualifications of the company that will print the manifest. The registrant may use readily available information to do so, such as corporate brochures, product samples, customer references, or documentation of ISO certification, so long as such information pertains to the establishments or company being proposed to print the manifest.

NR 662.021(2)(g) (g) Proposed unique three-letter manifest tracking number suffix. If the registrant is approved to print the manifest, the registrant shall use this suffix to pre-print a unique manifest tracking number on each manifest.

NR 662.021(2)(h) (h) A signed certification by a duly authorized employee of the registrant that the organizations and companies in its application will comply with the procedures of its approved application and the requirements of this section and that it will notify the EPA Director of the Office of Resource Conservation and Recovery of any duplicated manifest tracking numbers on manifests that have been used or distributed to other parties as soon as this becomes known.

NR 662.021(3) (3) EPA will review the application submitted under sub. (2) and either approve it or request additional information or modification before approving it.

NR 662.021(4) (4) 

NR 662.021(4)(a) (a) Upon EPA approval of the application under sub. (3), EPA will provide the registrant an electronic file of the manifest, continuation sheet, and manifest instructions and ask the registrant to submit 3 fully assembled manifests and continuation sheet samples, except as noted in par. (c). The registrant’s samples shall meet all of the specifications in sub. (6) and be printed by the company that will print the manifest as identified in the application approved under sub. (3).

NR 662.021(4)(b) (b) The registrant shall submit a description of the manifest samples as follows:

NR 662.021(4)(b)1. 1. Paper type including the manufacturer and grade of the manifest paper.

NR 662.021(4)(b)2. 2. Paper weight of each copy.

NR 662.021(4)(b)3. 3. Ink color of the manifest’s instructions. If screening of the ink was used, the registrant shall indicate the extent of the screening.

NR 662.021(4)(b)4. 4. Method of binding the copies.

NR 662.021(4)(c) (c) The registrant need not submit samples of the continuation sheet if it will print its continuation sheet using the same paper type, paper weight of each copy, ink color of the instructions, and binding method as its manifest form samples.

NR 662.021(5) (5) EPA will evaluate the forms and either approve the registrant to print them as proposed or request additional information or modification to them before approval. EPA will notify the registrant of its decision by mail. The registrant cannot use or distribute its forms until EPA approves them. An approved registrant shall print the manifest and continuation sheet according to its application approved under sub. (3) and the manifest specifications in sub. (6). It also shall print the forms according to the paper type, paper weight, ink color of the manifest instructions and binding method of its approved forms.