Chapter NR 662

NR 662.040(4) (4) The periods or retention referred to 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 662.040 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.041 NR 662.041 Annual reports for small and large quantity generators.

NR 662.041(1) (1) A generator that is a large quantity generator for at least one month during the calendar year that ships any hazardous waste off-site to a treatment, storage or disposal facility within the United States shall complete and submit an annual report to the department by March 1 of each year. The annual report shall be submitted on department forms and cover generator activities during the previous year. The generator shall use the fee worksheet to determine the environmental repair fee that shall be paid to the department as specified in s. 289.67 (2), Stats.

NR 662.041(2) (2) Any generator that is a large quantity generator for at least one month during the calendar year that treats, stores, or disposes of hazardous waste on-site shall complete and submit an annual report to the department by March 1 of each year in accordance with the provisions under chs. NR 664, 665, 666, 667 and 670. This requirement also applies to large quantity generators that receive hazardous waste from very small quantity generators according to s. NR 662.017 (6). The generator shall use the fee worksheet to determine the environmental repair fee that shall be paid to the department as specified in s. 289.67 (2), Stats.

NR 662.041(3) (3) Exports of hazardous waste to foreign countries are not required to be reported on the biennial report form. A separate annual report requirement is set forth under s. NR 662.083 (7) for hazardous waste exporters.

NR 662.041(4) (4) A generator that is a small quantity generator for at least one month during the calendar year and is not already subject to subs. (1) and (2) and that ships any hazardous waste off-site to a treatment, storage or disposal facility within the United States shall complete and submit an annual report to the department by March 1 of each year. The annual report shall be submitted on department forms and cover generator activities during the previous year. The generator fee worksheet to determine the environmental repair fee that shall be paid to the department as specified in s. 289.67 (2), Stats.

NR 662.041(5) (5) Any generator that is a small quantity generator for at least one month during the calendar year and is not already subject to subs. (1) and (2) and that treats, stores, or disposes of hazardous waste on-site shall complete and submit an annual report to the department by March 1 of each year in accordance with the provisions under chs. NR 664, 665, 666, 667 and 670. The generator fee worksheet to determine the environmental repair fee that shall be paid to the department as specified in s. 289.67 (2), Stats.

NR 662.041 Note Note: Information on annual reporting is available at: http://dnr.wi.gov/topic/Waste/AnnualReport.html.

NR 662.041 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (5) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 662.042 NR 662.042 Exception reporting.

NR 662.042(1) (1) 

NR 662.042(1)(a) (a) A large quantity generator that does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter shall contact the transporter or the owner or operator of the designated facility to determine the status of the hazardous waste.

NR 662.042(1)(b) (b) A large quantity generator shall submit an exception report to the department if the generator has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter. The exception report shall include all of the following:

NR 662.042(1)(b)1. 1. A legible copy of the manifest for which the generator does not have confirmation of delivery.

NR 662.042(1)(b)2. 2. A cover letter signed by the generator or its authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.

NR 662.042(2) (2) A small quantity generator who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter shall submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the department.

NR 662.042 Note Note:  The submission to the department need only be a handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the return copy was not received.

NR 662.042(3) (3) For rejected shipments of hazardous waste or container residues contained in non-empty containers that are forwarded to an alternate facility by a designated facility using a new manifest, the generator shall comply with the applicable requirements under sub. (1) or (2) for the shipment forwarding the material from the designated facility to the alternate facility instead of for the shipment from the generator to the designated facility. For purposes of sub. (1) or (2) for a shipment forwarding such waste to an alternate facility by a designated facility the generator shall do all of the following:

NR 662.042(3)(a) (a) The copy of the manifest received by the generator shall have the handwritten signature of the owner or operator of the alternate facility in place of the signature of the owner or operator of the designated facility.

NR 662.042(3)(b) (b) The 35, 45, and 60-day timeframes begin the date the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.

NR 662.042 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (3) (intro.) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 662.043 NR 662.043 Additional reporting. The department may require a generator to furnish additional reports concerning the quantities and disposition of wastes identified or listed in ch. NR 661.

NR 662.043 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.044 NR 662.044 Recordkeeping for small quantity generators. A small quantity generator is subject to all of the following independent requirements in this subchapter:

NR 662.044(1) (1) Section NR 662.040 (1) to (4), recordkeeping.

NR 662.044(2) (2) Section NR 662.042 (2), exception reporting.

NR 662.044(3) (3) Section NR 662.043, additional reporting.

NR 662.044 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) to (3) made under s. 35.17, Stats., Register April 2021 No. 784.

subch. G of ch. NR 662 Subchapter G — Farmers

NR 662.070 NR 662.070 Farmers. A farmer disposing of waste pesticides from the farmer’s own use that are hazardous wastes is not required to comply with the standards in this chapter or other standards under chs. NR 664, 665, 668, or 670 for those wastes provided the farmer triple rinses each emptied pesticide container in accordance with s. NR 661.0007 (2) (c) and disposes of the pesticide residues on the farmer’s own farm in a manner consistent with the disposal instructions on the pesticide label.

NR 662.070 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

subch. H of ch. NR 662 Subchapter H — Transboundary Movements of Hazardous Waste for Recovery or Disposal

Subch. H of ch. NR 662 Note Note: The requirements on which this subchapter is based, 40 CFR part 262, subpart H, are administered and enforced 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. 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. The 40 CFR part 262, subpart H requirements apply to only those wastes identified or listed under the federal program that are subject to federal manifesting requirements.

NR 662.080 NR 662.080 Applicability.

NR 662.080(1) (1) The requirements of this subchapter apply to transboundary movements of hazardous wastes.

NR 662.080(2) (2) Any person, including exporter, importer, disposal facility operator, or recovery facility operator, who mixes two or more wastes, including hazardous and non-hazardous wastes, or otherwise subjects two or more wastes, including hazardous and non-hazardous wastes, to physical or chemical transformation operations, and thereby creates a new hazardous waste, becomes a generator and assumes all subsequent generator duties under RCRA and any exporter duties, if applicable, under this subchapter.

NR 662.080 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.081 NR 662.081 Definitions. In addition to the definitions under s. NR 660.10, the following definitions apply to this subchapter:

NR 662.081(1) (1) “Competent authority” means the regulatory authority or authorities of concerned countries having jurisdiction over transboundary movements of wastes.

NR 662.081(2) (2) “Countries concerned” means the countries of export or import and any countries of transit.

NR 662.081(3) (3) “Country of export” means any country from which a transboundary movement of hazardous wastes is planned to be initiated or is initiated.

NR 662.081(4) (4) “Country of import” means any country to which a transboundary movement of hazardous wastes is planned or takes place for the purpose of submitting the wastes to recovery or disposal operations therein.

NR 662.081(5) (5) “Country of transit” means any country other than the country of export or country of import across which a transboundary movement of hazardous wastes is planned or takes place.

NR 662.081(6) (6) “Disposal operations”  means activities that do not lead to the possibility of resource recovery, recycling, reclamation, direct re-use or alternate uses, which includes all of the following:

NR 662.081(6)(a) (a) D1 Release or Deposit into or onto land, other than by any of operations D2 to D5 or D12.

NR 662.081(6)(b) (b) D2 Land treatment, such as biodegradation of liquids or sludges in soils.

NR 662.081(6)(c) (c) D3 Deep injection, such as injection into wells, salt domes or naturally occurring repositories.

NR 662.081(6)(d) (d) D4 Surface impoundment, such as placing of liquids or sludges into pits, ponds or lagoons.

NR 662.081(6)(e) (e) D5 Specially engineered landfill, such as placement into lined discrete cells that are capped and isolated from one another and the environment.

NR 662.081(6)(f) (f) D6 Release into a water body other than a sea or ocean, and other than by operation D4.

NR 662.081(6)(g) (g) D7 Release into a sea or ocean, including sea-bed insertion, other than by operation D4.

NR 662.081(6)(h) (h) D8 Biological treatment not specified elsewhere in operations D1 to D12, which results in final compounds or mixtures that are discarded by means of any of operations D1 to D12.

NR 662.081(6)(i) (i) D9 Physical or chemical treatment not specified elsewhere in operations D1 to D12, such as evaporation, drying, calcination, neutralization, or precipitation, which results in final compounds or mixtures that are discarded by means of any of operations D1 to D12.

NR 662.081(6)(j) (j) D10 Incineration on land.

NR 662.081(6)(k) (k) D11 Incineration at sea.

NR 662.081(6)(L) (L) D12 Permanent storage.

NR 662.081(6)(m) (m) D13 Blending or mixing, prior to any of operations D1 to D12.

NR 662.081(6)(n) (n) D14 Repackaging, prior to any of operations D1 to D13.

NR 662.081(6)(o) (o) D15 Interim Storage, prior to any of operations D1 to D12, or DC17 for transboundary movements with Canada only, Interim Storage, prior to any of operations D1 to D12.

NR 662.081(6)(p) (p) DC15 Release, including the venting of compressed or liquefied gases, or treatment, other than by any of operations D1 to D12, for transboundary movements with Canada only.

NR 662.081(6)(q) (q) DC16 Testing of a new technology to dispose of a hazardous waste for transboundary movements with Canada only.

NR 662.081(7) (7) “EPA Acknowledgment of Consent” or “AOC” means the letter EPA sends to the exporter documenting the specific terms of the country of import’s consent and the countries of transit’s consent. The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1.

NR 662.081(8) (8) “Export” means the transportation of hazardous waste from a location under the jurisdiction of the United States to a location under the jurisdiction of another country, or a location not under the jurisdiction of any country, for the purposes of recovery or disposal operations therein.

NR 662.081(9) (9) “Exporter,” also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with s. NR 662.083 (4) or the manifest for a shipment of hazardous waste in accordance with subch. B, or equivalent state provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.

NR 662.081(10) (10) “Foreign exporter” means the person under the jurisdiction of the country of export who has, or will have at the time the planned transboundary movement commences, possession or other forms of legal control of the hazardous wastes and who proposes shipment of the hazardous wastes to the United States for recovery or disposal operations.

NR 662.081(11) (11) “Foreign importer” means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the exported hazardous waste is received in the country of import.

NR 662.081(12) (12) “Foreign receiving facility” means a facility which, under the importing country’s applicable domestic law, is operating or is authorized to operate in the country of import to receive the hazardous wastes and to perform recovery or disposal operations on them.

NR 662.081(13) (13) “Import” means the transportation of hazardous waste from a location under the jurisdiction of another country to a location under the jurisdiction of the United States for the purposes of recovery or disposal operations therein.

NR 662.081(14) (14) “Importer” means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.

NR 662.081(15) (15) “OECD area” means all land or marine areas under the national jurisdiction of any OECD member country. When the regulations refer to shipments to or from an OECD member country, this means OECD area.

NR 662.081(16) (16) “OECD” means the Organization for Economic Cooperation and Development.

NR 662.081(17) (17) “OECD member country” means the countries that are members of the OECD and participate in the Amended 2001 OECD Decision.

NR 662.081 Note Note: EPA provides a list of OECD member countries at https://www.epa.gov/hwgenerators/international-agreements-transboundary-shipments-waste.

NR 662.081(18) (18) “Receiving facility” means a U.S. facility which, under RCRA and other applicable domestic laws, is operating or is authorized to operate to receive hazardous wastes and to perform recovery or disposal operations on them.

NR 662.081(19) (19) “Recovery operations” means activities leading to resource recovery, recycling, reclamation, direct re-use or alternative uses, which includes all of the following:

NR 662.081(19)(a) (a) R1 Use as a fuel, other than in direct incineration, or other means to generate energy.

NR 662.081(19)(b) (b) R2 Solvent reclamation/regeneration.

NR 662.081(19)(c) (c) R3 Recycling/reclamation of organic substances that are not used as solvents.

NR 662.081(19)(d) (d) R4 Recycling/reclamation of metals and metal compounds.

NR 662.081(19)(e) (e) R5 Recycling/reclamation of other inorganic materials.

NR 662.081(19)(f) (f) R6 Regeneration of acids or bases.

NR 662.081(19)(g) (g) R7 Recovery of components used for pollution abatement.

NR 662.081(19)(h) (h) R8 Recovery of components used from catalysts.

NR 662.081(19)(i) (i) R9 Used oil re-refining or other reuses of previously used oil.

NR 662.081(19)(j) (j) R10 Land treatment resulting in benefit to agriculture or ecological improvement.

NR 662.081(19)(k) (k) R11 Uses of residual materials obtained from any of the operations numbered R1 through R10 or RC14, for transboundary shipments with Canada only.

NR 662.081(19)(L) (L) R12 Exchange of wastes for submission to any of the operations numbered R1 through R11 or RC14, for transboundary shipments with Canada only.

NR 662.081(19)(m) (m) R13 Accumulation of material intended for any operation numbered R1 through R12 or RC14, for transboundary shipments with Canada only.