NR 662.212 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (4), (5) (c) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (5) (c) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784. NR 662.213(1)(1) One time per 12-month period for each laboratory, an eligible academic entity may opt to conduct a laboratory clean-out that is subject to all the applicable requirements of this subchapter, except that: NR 662.213(1)(a)(a) If the volume of unwanted material in the laboratory exceeds 55 gallons, or 1 quart of liquid reactive acutely hazardous unwanted material, or 1 kg of solid reactive acutely hazardous unwanted material, the eligible academic entity is not required to remove all unwanted materials from the laboratory within 10 calendar days of exceeding 55 gallons, or 1 quart of liquid reactive acutely hazardous unwanted material, or 1 kg or solid reactive acutely hazardous unwanted material, as required under s. NR 662.208. Instead, the eligible academic entity shall remove all unwanted materials from the laboratory within 30 calendar days from the start of the laboratory clean-out. NR 662.213(1)(b)(b) For the purposes of on-site accumulation, an eligible academic entity is not required to count a hazardous waste that is an unused commercial chemical product that is listed in subch. D of ch. NR 661 or a hazardous waste exhibiting one or more characteristics listed in subch. C of ch. NR 661 that is generated solely during the laboratory clean-out toward its hazardous waste generator category, according to s. NR 662.013. An unwanted material that is generated prior to the beginning of the laboratory clean-out and is still in the laboratory at the time the laboratory clean-out commences shall be counted toward the hazardous waste generator category, according to s. NR 662.013, if it is determined to be hazardous waste. NR 662.213(1)(c)(c) For the purposes of off-site management, an eligible academic entity shall count all its hazardous waste, regardless of whether the hazardous waste was counted toward generator category under par. (b), and if it generates more than 1 kg/month of acute hazardous waste or more than 100 kg/month of non-acute hazardous waste, the hazardous waste is subject to all applicable hazardous waste regulations when it is transported off-site. NR 662.213(1)(d)(d) An eligible academic entity shall document the activities of the laboratory clean-out. The documentation shall, at a minimum, identify the laboratory being cleaned out, the date the laboratory clean-out begins and ends, and the volume of hazardous waste generated during the laboratory clean-out. The eligible academic entity shall maintain the records for a period of 3 years from the date the clean-out ends. NR 662.213(2)(2) For all other laboratory clean-outs conducted during the same 12-month period, an eligible academic entity is subject to all the applicable requirements of this subchapter, including all of the following: NR 662.213(2)(a)(a) The requirement to remove all unwanted materials from the laboratory within 10 calendar days of exceeding 55 gallons, or 1 quart of reactive acutely hazardous unwanted material, as required under s. NR 662.208. NR 662.213(2)(b)(b) The requirement to count all hazardous waste, including unused hazardous waste, generated during the laboratory clean-out toward its hazardous waste generator category, according to s. NR 662.013. NR 662.213 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20. NR 662.214NR 662.214 Laboratory management plan. An eligible academic entity shall develop and retain a written laboratory management plan or revise an existing written plan. The laboratory management plan is a site-specific document that describes how the eligible academic entity will manage unwanted materials in compliance with this subchapter. An eligible academic entity may write one laboratory management plan for all the laboratories owned by the eligible academic entity that have opted into this subchapter, even if the laboratories are located at sites with different EPA identification numbers. All of the following shall apply to the laboratory management plan: NR 662.214(1)(1) The eligible academic entity shall implement and comply with the specific provisions of part I of its laboratory management plan. In part I of its laboratory management plan, an eligible academic entity shall do all of the following: NR 662.214(1)(a)1.1. Identifying whether the eligible academic entity will use the term “unwanted material” on the containers in the laboratory. If not, identify an equally effective term that will be used in lieu of “unwanted material” and consistently by the eligible academic entity. The equally effective term, if used, has the same meaning and is subject to the same requirements as “unwanted material.” NR 662.214(1)(a)2.2. Identifying the manner in which information that is “associated with the container” will be imparted. NR 662.214(1)(b)(b) Identify whether the eligible academic entity will comply with s. NR 662.208 (1) (a) or (b) for regularly scheduled removals of unwanted material from the laboratory. NR 662.214(2)(2) The specific actions taken by an eligible academic entity to implement each element in part II of its laboratory management plan may vary from the procedures described in the eligible academic entity’s laboratory management plan without constituting a violation of this subchapter. An eligible academic entity may include additional elements and best management practices in part II of its laboratory management plan if it chooses. In part II of its laboratory management plan, an eligible academic entity shall do all of the following: NR 662.214(2)(a)(a) Describe its intended best practices for container labeling and management, including how the eligible academic entity will manage containers used for in-line collection of unwanted materials, such as with high performance liquid chromatographs and other laboratory equipment. See the required standards specified in s. NR 662.206. NR 662.214(2)(b)(b) Describe its intended best practices for providing training for laboratory workers and students commensurate with their duties. NR 662.214 NoteNote: See the required standards specified in s. NR 662.207 (1). NR 662.214(2)(c)(c) Describe its intended best practices for providing training to ensure safe on-site transfers of unwanted material and hazardous waste by trained professionals. See the required standards specified in s. NR 662.207 (4) (a). NR 662.214(2)(d)(d) Describe its intended best practices for removing unwanted material from the laboratory, including all of the following: NR 662.214(2)(d)1.1. For regularly scheduled removals, develop a regular schedule for identifying and removing unwanted materials from its laboratories. NR 662.214(2)(d)2.2. For removals when maximum volumes are exceeded, include all of the following information: NR 662.214(2)(d)2.a.a. Describe its intended best practices for removing unwanted materials from the laboratory within 10 calendar days when unwanted materials have exceeded their maximum volumes. NR 662.214 NoteNote: See the required standards specified in s. NR 662.208 (4). NR 662.214(2)(d)2.b.b. Describe its intended best practices for communicating that unwanted materials have exceeded their maximum volumes. NR 662.214(2)(e)(e) Describe its intended best practices for making hazardous waste determinations, including specifying the duties of the individuals involved in the process. NR 662.214(2)(f)(f) Describe its intended best practices for laboratory clean-outs, if the eligible academic entity plans to use the incentives for laboratory clean-outs provided in s. NR 662.213, including all of the following: NR 662.214(2)(g)(g) Describe its intended best practices for emergency prevention, including all of the following: NR 662.214(2)(g)1.1. Procedures for emergency prevention, notification, and response, appropriate to the hazards in the laboratory. NR 662.214(2)(g)2.2. A list of chemicals that the eligible academic entity has, or is likely to have, that become more dangerous when they exceed their expiration date or as they degrade. NR 662.214(2)(g)3.3. Procedures to safely dispose of chemicals that become more dangerous when they exceed their expiration date or as they degrade. NR 662.214(3)(3) An eligible academic entity shall make its laboratory management plan available to laboratory workers, students, or any others at the eligible academic entity who request it. NR 662.214(4)(4) An eligible academic entity shall review and revise its laboratory management plan, as needed. NR 662.214 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20. NR 662.215NR 662.215 Unwanted material that is not solid or hazardous waste. NR 662.215(1)(1) If an unwanted material at an eligible academic entity does not meet the definition of solid waste specified in s. NR 661.0002, it is no longer subject to this subchapter or to the RCRA hazardous waste regulations. NR 662.215(2)(2) If an unwanted material at an eligible academic entity does not meet the definition of hazardous waste specified in s. NR 661.0003, it is no longer subject to this subchapter or to the RCRA hazardous waste regulations, but shall be managed in compliance with any other applicable regulations or conditions. NR 662.215 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20. NR 662.216NR 662.216 Non-laboratory hazardous waste generated at an eligible academic entity. An eligible academic entity that generates hazardous waste outside of a laboratory is not eligible to manage that hazardous waste under this subchapter and remains subject to all of the following: NR 662.216(1)(1) Generator requirements of ss. NR 662.011 and 662.015 for large quantity generators and small quantity generators if the hazardous waste is managed in a satellite accumulation area, and all other applicable generator requirements of ch. NR 662, with respect to that hazardous waste. NR 662.216(2)(2) The conditional exemption under s. NR 662.014 for very small quantity generators, with respect to that hazardous waste. NR 662.216 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20. NR 662.230NR 662.230 Applicability. This subchapter is applicable to very small quantity generators and small quantity generators as defined in s. NR 660.10. NR 662.230 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20. NR 662.231NR 662.231 Definitions. In addition to the definitions set forth under s. NR 660.10, the following definitions apply to this subchapter: NR 662.231(1)(1) “Episodic event” means an activity or activities, either planned or unplanned, that does not normally occur during generator operations, resulting in an increase in the generation of hazardous wastes that exceeds the calendar month quantity limits for the generator’s usual category. NR 662.231(2)(2) “Planned episodic event” means an episodic event that the generator planned and prepared for, including regular maintenance, tank cleanouts, short-term projects, and removal of excess chemical inventory. NR 662.231(3)(3) “Unplanned episodic event” means an episodic event that the generator did not plan or reasonably did not expect to occur, including production process upsets, product recalls, accidental spills, or acts of nature. NR 662.231 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20. NR 662.232NR 662.232 Conditions for a generator managing hazardous waste from an episodic event. NR 662.232(1)(1) Very small quantity generator. A very small quantity generator may maintain its existing generator category for hazardous waste generated during an episodic event provided that the generator complies with all of the following: NR 662.232(1)(a)(a) The very small quantity generator is limited to one episodic event per calendar year, unless a petition is granted under s. NR 662.233. NR 662.232(1)(b)(b) The very small quantity generator shall notify the department no later than 30 calendar days prior to initiating a planned episodic event using EPA Form 8700-12. In the event of an unplanned episodic event, the generator shall notify the department within 72 hours of the unplanned event via phone, email, or fax and subsequently submit EPA Form 8700-12. The generator’s notification shall include the start date and end date of the episodic event, the reason for the episodic event, types and estimated quantities of hazardous waste expected to be generated as a result of the episodic event, and shall identify a facility contact and emergency coordinator with 24-hour telephone access to discuss the notification submittal or respond to an emergency in compliance with s. NR 662.016 (2) (i) 1. NR 662.232(1)(c)(c) The very small quantity generator shall have an EPA identification number or obtain an EPA identification number using EPA Form 8700-12. NR 662.232(1)(d)(d) A very small quantity generator is prohibited from accumulating hazardous waste generated from an episodic event on drip pads and in containment buildings. When accumulating hazardous waste in containers and tanks the following conditions apply: NR 662.232(1)(d)1.1. A very small quantity generator accumulating in containers shall mark or label its containers with all of the following: NR 662.232(1)(d)1.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 662.232(1)(d)1.c.c. The date the episodic event began, clearly visible for inspection on each container. NR 662.232(1)(d)2.2. A very small quantity generator accumulating episodic hazardous waste in tanks shall do all of the following: NR 662.232(1)(d)2.b.b. Mark or label the tanks with 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 662.232(1)(d)2.c.c. Use inventory logs, monitoring equipment or other records to identify the date upon which each episodic event begins. NR 662.232(1)(d)2.d.d. Keep inventory logs or records with the information specified in subd. c. on-site and available for inspection for at least 3 years from the end date of the episodic event. NR 662.232(1)(d)3.3. Hazardous waste shall be managed in a manner that minimizes the possibility of a fire, explosion, or release of hazardous waste or hazardous waste constituents to the air, soil, or water, including all of the following conditions: NR 662.232(1)(d)3.a.a. Containers shall be in good condition and compatible with the hazardous waste being accumulated therein. Containers shall be kept closed except to add or remove waste. NR 662.232(1)(d)3.b.b. Tanks shall be in good condition and compatible with the hazardous waste accumulated therein. Tanks shall have procedures in place to prevent overflow. Tanks shall be inspected at least once each operating day to ensure all applicable discharge control equipment, such as waste feed cutoff systems, bypass systems, and drainage systems are in good working order and to ensure the tank is operated according to its design by reviewing the data gathered from monitoring equipment such as pressure and temperature gauges from the inspection. NR 662.232 NoteNote: Examples of preventing a tank overflow include high level alarms, an automatic waste feed cutoff system, or a bypass system to a standby tank when hazardous waste is continuously fed into the tank.
NR 662.232(1)(e)(e) The very small quantity generator shall comply with the hazardous waste manifest provisions of subch. B when it sends its episodic event hazardous waste off-site to a designated facility, as defined in s. NR 660.10 (21). NR 662.232(1)(f)(f) The very small quantity generator shall manifest and send its hazardous waste generated from the episodic event to a designated facility, as defined in s. NR 660.10 (21), within 60 days of the start of the event. NR 662.232(1)(g)(g) A very small quantity generator shall maintain all of the following records for 3 years from the end date of the episodic event: NR 662.232(1)(g)3.3. A description of the types and quantities of hazardous wastes generated during the event. NR 662.232(1)(g)4.4. A description of how the hazardous waste was managed as well as the name of the RCRA-designated facility that received the hazardous waste. NR 662.232(1)(g)6.6. An approval letter from the department if the generator petitioned to conduct one additional episodic event per calendar year. NR 662.232(2)(2) Small quantity generators. A small quantity generator may maintain its existing generator category during an episodic event provided that the generator complies with all of the following conditions:
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