Register December 2021 No. 792
Chapter NR 663
HAZARDOUS WASTE TRANSPORTER STANDARDS
Subchapter A — General
NR 663.11 EPA identification number.
NR 663.12 Transfer facility requirements.
NR 663.13 Hazardous waste transportation licenses.
Subchapter B — Compliance with the Manifest System and Recordkeeping
NR 663.20 The manifest system.
NR 663.21 Compliance with the manifest.
NR 663.25 Electronic manifest signatures.
Subchapter C — Hazardous Waste Discharges
NR 663.30 Immediate action.
NR 663.31 Discharge clean up.
Subch. A of ch. NR 663 Note
Note: Chapter
NR 662 and this chapter establish the responsibilities of generators and transporters of hazardous waste in the handling, transportation and management of that waste. In these rules, the department has expressly referenced certain regulations of the U.S. department of transportation (DOT) governing the transportation of hazardous materials. These rules concern, among other things, labeling, marking, placarding, using proper containers and reporting discharges. The department has expressly referenced these rules in order to satisfy its statutory obligation to promulgate rules that are necessary to protect human health and the environment in the transportation of hazardous waste. The department's reference to these DOT regulations ensures consistency with the requirements of DOT and thus avoids the establishment of duplicative or conflicting requirements with respect to these matters.
Subch. A of ch. NR 663 Note
DOT has revised its hazardous materials transportation regulations in order to encompass the transportation of hazardous waste and to regulate intrastate, as well as interstate, transportation of hazardous waste. Transporters of hazardous waste are cautioned that DOT's regulations are fully applicable to their activities and enforceable by DOT. These DOT regulations are codified in 49 CFR, Subtitle B, Chapter I, Subchapter C.
NR 663.10(1)(1)
This chapter establishes standards which apply to persons transporting hazardous waste within Wisconsin if the transportation requires a manifest under ch.
NR 662 or subch.
HH of ch. NR 666.
NR 663.10(2)
(2) This chapter does not apply to on-site transportation of hazardous waste by generators or by owners or operators of licensed hazardous waste management facilities.
NR 663.10(3)
(3) A transporter of hazardous waste shall also comply with ch.
NR 662, hazardous waste generator standards, if the transporter does any of the following:
NR 663.10(3)(b)
(b) Mixes hazardous wastes of different DOT shipping descriptions by placing them into a single container.
NR 663.10(4)
(4) A transporter of hazardous waste that is being imported from or exported to any other country for purposes of recovery or disposal is subject to this subchapter and to all other relevant requirements under subch.
H of ch. NR 662, including ss.
NR 662.083 (4) and
662.084 (4) for movement documents.
NR 663.10 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 16-007: am. (1), (4)
Register July 2017 No. 739, eff. 8-1-17;
CR 19-082: r. and recr. (4)
Register August 2020 No. 776, eff. 9-1-20.
NR 663.11
NR 663.11 EPA identification number. NR 663.11(1)(1)
A transporter may not transport hazardous wastes without having received an EPA identification number from the department, another authorized state or EPA.
NR 663.11(2)
(2) A transporter who has not received an EPA identification number may 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 transporter.
NR 663.11 Note
Note: See s.
NR 660.07 for information on obtaining EPA form 8700-12.
NR 663.11 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 663.12
NR 663.12 Transfer facility requirements. NR 663.12(1)(1)
A transporter who stores manifested shipments of hazardous waste in containers meeting the independent requirements under s.
NR 662.030 of this chapter at a transfer facility for a period of 10 days or less is not subject to regulation under chs.
NR 664,
665,
667,
668, and
670 with respect to the storage of those wastes.
NR 663.12(2)
(2) When consolidating the contents of 2 or more containers with the same hazardous waste into a new container, or when combining and consolidating 2 different hazardous wastes that are compatible with each other, the transporter shall mark its containers of 119 gallons or less with all of the following information:
NR 663.12 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 19-082: renum. NR 663.12 to NR 663.12 (1) and am., cr. (2)
Register August 2020 No. 776, eff. 9-1-20; correction in (2) (b) made under s.
35.17, Stats.,
Register August 2020 No. 776.
NR 663.13
NR 663.13 Hazardous waste transportation licenses. NR 663.13(1)(a)
(a) An application for a hazardous waste transportation license shall be submitted on forms supplied by the department and shall be accompanied by the fee specified in ch.
NR 670 Appendix II.
NR 663.13(1)(b)
(b) Each location at which a person transporting hazardous waste bases transport vehicles shall be licensed as a separate transportation service. An application form and fee for each transportation service shall be submitted to the regional office of the department in the region where the transportation service is located. A person who transports hazardous waste into or through Wisconsin, but whose operation is based out–of–state, shall submit an application form and fee for a transportation license in the region where the hazardous waste transportation activity is concentrated.
NR 663.13(1)(c)
(c) The department shall notify the applicant that the application for a hazardous waste transportation license has been approved or denied within 65 business days after the application is received by the department.
NR 663.13(1)(d)
(d) The owner or operator of a transportation service who has been issued a license shall renew the license annually by submitting both of the following to the department:
NR 663.13(1)(d)1.
1. A completed license renewal form, by the date specified on the renewal form.
NR 663.13(1)(d)2.
2. The fee listed on the environmental fee statement, by the date specified on the fee statement.
NR 663.13(1)(e)
(e) The owner or operator of a transportation service who fails to renew the license according to par.
(d) shall pay a late processing fee of $150 in addition to the license fee.
NR 663.13(1)(f)
(f) The license application shall be signed by the owner of the transportation service. If the transportation service is owned by one person and operated by another, both the owner or operator shall sign the application.
NR 663.13(1)(g)
(g) If the department fails to approve or deny an application for issuance or renewal of a hazardous waste transportation license within 65 business days after a complete application is received by the department or by the date of expiration of the current license, whichever occurs later, the department shall refund the fees paid by the applicant for the transportation license.
NR 663.13(1)(h)
(h) If there is a change in the ownership of the transportation service, the new owner or operator shall reapply for a license by submitting the license application form required by par.
(a).
NR 663.13 Note
Note: The department will mail the annual license renewal form and environmental fee statement to the owners or operators of licensed transportation facilities.
NR 663.13 Note
Note: The license application is considered to be complete when the environmental fee and the completed and signed license application or renewal form are received by the department.
NR 663.13 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06; correction in (1) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register March 2013 No. 687.
NR 663.20(1)(a)
(a)
Manifest requirements. A transporter may not accept hazardous waste from a generator unless the transporter is also provided with a manifest form, EPA form 8700-22, and if necessary, EPA form 8700-22A, signed in accordance with the requirements of s.
NR 662.023, or is provided with an electronic manifest that is obtained, completed, and transmitted in accordance with s.
NR 662.020 (1) (c) and signed with a valid and enforceable electronic signature as described in s.
NR 662.025.
NR 663.20(1)(b)
(b)
Exports.
For exports of hazardous waste subject to the requirements under subch.
H of ch. NR 662, a transporter may not accept hazardous waste without a manifest signed by the generator in accordance with this section, as appropriate, and for exports occurring under the terms of a consent issued by EPA on or after December 31, 2016, a movement document that includes all information required under s.
NR 662.083 (4).
NR 663.20(1)(c)
(c)
Compliance date for form revisions. The revised manifest form and procedures specified in ss.
NR 661.0007,
660.10,
663.20, and
663.21 had an effective date of September 5, 2006. The manifest form and procedures in ss.
NR 661.0007,
660.10,
663.20, and
663.21, contained in the chs.
NR 660 to
665 edition revised as of July 1, 2004, were applicable until September 5, 2006.
NR 663.20(1)(d)
(d)
Use of electronic manifest — legal equivalence to paper forms for participating transporters. An electronic manifest that is obtained, completed, and transmitted in accordance with s.
NR 662.020 (1) (c), and used in accordance with this section in lieu of EPA Forms 8700-22 and 8700-22A, is the legal equivalent of a paper manifest form bearing handwritten signatures, and satisfies for all purposes any requirement to obtain, complete, sign, carry, provide, give, use, or retain a manifest.
NR 663.20(1)(d)1.
1. Any requirement to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning specified in
40 CFR 262.25 and s.
NR 662.025 (1).
NR 663.20(1)(d)2.
2. Any requirement to give, provide, send, forward, or return to another person a copy of the manifest is satisfied when a copy of an electronic manifest is transmitted to the other person by submission to the electronic manifest system.
NR 663.20(1)(d)3.
3. Any requirement of a manifest to accompany a hazardous waste shipment is satisfied when a copy of an electronic manifest is accessible during transportation and forwarded to the person or persons who are scheduled to receive delivery of the waste shipment, except that to the extent that the hazardous materials regulation on shipping papers for carriage by public highway requires transporters of hazardous materials to carry a paper document to comply with
49 CFR 177.817, a hazardous waste transporter shall carry one printed copy of the electronic manifest on the transport vehicle.
NR 663.20(1)(d)4.
4. Any requirement for a transporter to keep or retain a copy of a manifest is satisfied by the retention of an electronic manifest in the transporter's account on the e-manifest system, provided that the copies are readily available for viewing and production if requested by the department.
NR 663.20(1)(d)5.
5. No transporter may be held liable for the inability to produce an electronic manifest for inspection under this section if that transporter can demonstrate that the inability to produce the electronic manifest is exclusively due to a technical difficulty with the EPA system for which the transporter bears no responsibility.
NR 663.20(1)(e)
(e)
Accessing the electronic manifest system. A transporter may participate in the electronic manifest system either by accessing the electronic manifest system from the transporter's own electronic equipment, or by accessing the electronic manifest system from the equipment provided by a participating generator, by another transporter, or by a designated facility.
NR 663.20(1)(f)
(f)
Special procedures when electronic manifest is not available. If, after a manifest has been originated electronically and signed electronically by the initial transporter, the electronic manifest system becomes unavailable for any reason, then all of the following requirements shall be met:
NR 663.20(1)(f)1.
1. The transporter in possession of the hazardous waste when the electronic manifest becomes unavailable shall reproduce sufficient copies of the printed manifest that is carried on the transport vehicle under par.
(d) 3., or obtain and complete another paper manifest for this purpose. The transporter shall reproduce sufficient copies to provide the transporter and all subsequent waste handlers with a copy for their files, plus 2 additional copies that will be delivered to the designated facility with the hazardous waste.
NR 663.20(1)(f)2.
2. On each printed copy, the transporter shall include a notation in the special handling and additional description space, item 14, that the paper manifest is a replacement manifest for a manifest originated in the electronic manifest system. The transporter shall include, if not pre-printed on the replacement manifest, the manifest tracking number of the electronic manifest that is replaced by the paper manifest, and shall also include a brief explanation why the electronic manifest was not available for completing the tracking of the shipment electronically.
NR 663.20(1)(f)3.
3. A transporter signing a replacement manifest to acknowledge receipt of the hazardous waste shall ensure that each paper copy is individually signed and that a legible handwritten signature appears on each copy.
NR 663.20(1)(f)4.
4. From the point at which the electronic manifest is no longer available for tracking the waste shipment, the paper replacement manifest copies shall be carried, signed, retained as records, and given to a subsequent transporter or to the designated facility, following the instructions, procedures, and requirements that apply to the use of all other paper manifests.
NR 663.20(1)(g)
(g)
Special procedures for electronic signature methods undergoing tests. If a transporter using an electronic manifest signs this manifest electronically using an electronic signature method that is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the transporter shall sign the electronic manifest electronically and also sign with an ink signature the transporter acknowledgement of receipt of materials on the printed copy of the manifest that is carried on the vehicle in accordance with par.
(d) 3. This printed copy bearing the generator's and transporter's ink signatures shall also be presented by the transporter to the designated facility to sign in ink to indicate the receipt of the waste materials or to indicate discrepancies. After the owner or operator of the designated facility has signed this printed manifest copy with its ink signature, the printed manifest copy shall be delivered to the designated facility with the waste materials.
NR 663.20(1)(i)
(i)
Post-receipt manifest data corrections. After a facility has certified to the receipt of hazardous wastes by signing item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person, for example the waste handler
, named on the manifest. A transporter may participate electronically in the post-receipt data corrections process by following the process described in s.
NR 664.0071 (12), which applies to corrections made to either paper or electronic manifest records.
NR 663.20(2)
(2) Before transporting the hazardous waste, the transporter shall sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter shall return a signed copy to the generator before leaving the generator's property.
NR 663.20(3)
(3) The transporter shall ensure that the manifest accompanies the hazardous waste. In the case of exports occurring under the terms of a consent issued by EPA to the exporter on or after December 31, 2016, the transporter shall ensure that a movement document that includes all information required under s.
NR 662.083 (4) also accompanies the hazardous waste. In the case of imports occurring under the terms of a consent issued by EPA to the country of export or the importer on or after December 31, 2016, the transporter shall ensure that a movement document that includes all information required under s.
NR 662.084 (4) also accompanies the hazardous waste.
NR 663.20(4)
(4) A transporter who delivers a hazardous waste to another transporter or to the designated facility shall do all of the following:
NR 663.20(4)(a)
(a) Obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the designated facility on the manifest.
