Chapter NR 665

Subchapter EE — Hazardous Waste Munitions and Explosives Storage

NR 665.1200   Applicability.

NR 665.1201   Design and operating standards.

NR 665.1202   Closure and long-term care.

subch. A of ch. NR 665 Subchapter A — General

Subch. A of ch. NR 665 Note Note: After the effective date of ch. NR 670, the treatment, storage and disposal of hazardous waste is prohibited except according to a license. Section 291.25(4), Stats., provides for the continued operation of an existing facility under an interim license, until final administrative disposition of the owner’s and operator’s operating license application is made.

NR 665.0001 NR 665.0001 Purpose, scope and applicability.

NR 665.0001(1) (1) The purpose of this chapter is to establish minimum state standards that define the acceptable management of hazardous waste during the period of the interim license and until certification of final closure or, if the facility is subject to long-term care requirements, until long-term care responsibilities are fulfilled.

NR 665.0001(2) (2) Except as provided in s. NR 665.1080 (2), the standards of this chapter, and of ss. NR 664.0552, 664.0553 and 664.0554, apply to owners and operators of facilities that treat, store or dispose of hazardous waste who have fully complied with the interim license requirements of s. 291.25 (4), Stats., and s. NR 670.010 until either an operating license is issued under s. 291.25, Stats., or until applicable closure and long-term care responsibilities under this chapter are fulfilled, and to those owners and operators of facilities in existence on November 19, 1980 who have failed to provide timely notification as required by s. 291.05 (1), Stats., and s. NR 660.07 or failed to file part A of the EPA hazardous waste permit application as required by s. NR 670.010 (5) and (7). These standards apply to all treatment, storage and disposal of hazardous waste at these facilities after August 1, 2006, except as specifically provided otherwise in this chapter or ch. NR 661.

NR 665.0001(3) (3) The requirements of this chapter do not apply to any of the following:

NR 665.0001(3)(a) (a) A person disposing of hazardous waste by means of ocean disposal subject to a permit issued under 33 USC 1401 to 1445.

NR 665.0001 Note Note: This chapter does apply to the treatment or storage of hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea, as provided in sub. (2). Title 33 USC 1401 to 1445 is also known as the ocean dumping portion of the federal marine protection, research and sanctuaries act.

NR 665.0001(3)(c) (c) The owner or operator of a POTW which treats, stores or disposes of hazardous waste according to the requirements in s. NR 670.001 (3) (b) 9.

NR 665.0001(3)(e) (e) The owner or operator of a facility licensed or registered by the department to dispose of either of the following:

NR 665.0001(3)(e)1. 1. Municipal or industrial solid waste, if the only hazardous waste the facility disposes of is from very small quantity generators and the facility has been approved by the department to accept hazardous waste from very small quantity generators.

NR 665.0001(3)(e)2. 2. Household and very small quantity generator waste, if the facility complies with the requirements of ch. NR 666 subch. HH.

NR 665.0001 Note Note: The specific requirements for solid waste landfills accepting hazardous waste from very small quantity generators are contained in s. NR 506.155. Very small quantity generators have the option of ensuring delivery of their hazardous waste to certain solid waste disposal facilities under s. NR 662.014.

NR 665.0001(3)(f) (f) The owner or operator of a facility managing recyclable materials described in s. NR 661.0006 (1) (b), (c) and (d) (except to the extent they are referred to in subch. C, F, G or H of ch. NR 666, or ch. NR 679).

NR 665.0001(3)(g) (g) A generator accumulating waste on-site in compliance with the applicable conditions for exemption specified in ss. NR 662.014 to 662.017 and subchs. K and L of ch. NR 662, except to the extent the requirements are included in ss. NR 662.014 to 662.017 and subchs. K and L of ch. NR 662, or treating waste in containers or tanks, provided the requirements of ss. NR 662.014 to 662.017 are met.

NR 665.0001(3)(h) (h) A farmer disposing of waste pesticides from the farmer’s own use in compliance with s. NR 662.070.

NR 665.0001(3)(i) (i) The owner or operator of a totally enclosed treatment facility, as defined in s. NR 660.10.

NR 665.0001(3)(j) (j) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in s. NR 660.10, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 high TOC subcategory defined in s. NR 668.40, the table “Treatment Standards for Hazardous Wastes”), or reactive (D003) waste, to remove the characteristic before land disposal, the owner or operator shall comply with s. NR 665.0017 (2).

NR 665.0001(3)(k) (k)

NR 665.0001(3)(k)1. 1. Except as provided in subd. 2., a person engaged in treatment or containment activities during immediate response to any of the following situations:

NR 665.0001(3)(k)1.a. a. A discharge of a hazardous waste.

NR 665.0001(3)(k)1.b. b. An imminent and substantial threat of a discharge of a hazardous waste.

NR 665.0001(3)(k)1.c. c. A discharge of a material which, when discharged, becomes a hazardous waste.

NR 665.0001(3)(k)1.d. d. An immediate threat to human health, public safety, property or the environment, from the known or suspected presence of military munitions, other explosive material or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in s. NR 660.10.

NR 665.0001(3)(k)2. 2. An owner or operator of a facility otherwise regulated by this chapter shall comply with all applicable requirements of subchs. C and D.

NR 665.0001(3)(k)3. 3. Any person who is covered by subd. 1. and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this chapter and chs. NR 200 to 210, 212 to 214 and 216 for those activities.

NR 665.0001(3)(k)4. 4. In the case of an explosives or munitions emergency response, if a federal, state, tribal or local official acting within the scope of that person’s responsibilities, or an explosives or munitions emergency response specialist, determines that immediate removal of the material or waste is necessary to protect human health or the environment, that official or specialist may authorize the removal of the material or waste by transporters who do not have EPA identification numbers or hazardous waste transportation licenses and without the preparation of a manifest. In the case of emergencies involving military munitions, the responding military emergency response specialist’s organizational unit shall retain records for 3 years identifying the dates of the response, the responsible persons responding, the type and description of material addressed and its disposition.

NR 665.0001(3)(L) (L) A transporter storing manifested shipments of hazardous waste in containers meeting the requirements of s. NR 662.030 at a transfer facility for a period of 10 days or less.

NR 665.0001(3)(m) (m) The addition of absorbent material to waste in a container (as defined in s. NR 660.10) or the addition of waste to the absorbent material in a container provided that these actions occur at the time waste is first placed in the containers; and ss. NR 665.0017 (2), 665.0171 and 665.0172 are complied with.

NR 665.0001(3)(n) (n) Universal waste handlers and universal waste transporters (as defined in s. NR 660.10) handling any of the following wastes. These handlers are regulated under ch. NR 673, when handling any of the following universal wastes:

NR 665.0001(3)(n)1. 1. Batteries as described in s. NR 673.02.

NR 665.0001(3)(n)2. 2. Pesticides as described in s. NR 673.03.

NR 665.0001(3)(n)3. 3. Thermostats and mercury-containing equipment as described in s. NR 673.04.

NR 665.0001(3)(n)4. 4. Lamps as described in s. NR 673.05.

NR 665.0001(3)(p) (p) Reverse distributors accumulating potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals, as defined in s. NR 666.500. Reverse distributors are subject to regulation under subch. P of ch. NR 666 in lieu of this chapter for the accumulation of potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals.

NR 665.0001(4) (4) EPA hazardous waste numbers F020, F021, F022, F023, F026 and FO27 may not be managed at facilities regulated under this chapter unless any of the following apply:

NR 665.0001(4)(a) (a) The wastewater treatment sludge is generated in a surface impoundment as part of the plant’s wastewater treatment system.

NR 665.0001(4)(b) (b) The waste is stored in tanks or containers.

NR 665.0001(4)(c) (c) The waste is stored or treated in waste piles that meet the requirements of s. NR 664.0250 (3) as well as all other applicable requirements of subch. L.

NR 665.0001(4)(d) (d) The waste is burned in incinerators that are certified pursuant to the standards and procedures in s. NR 665.0352.

NR 665.0001(4)(e) (e) The waste is burned in facilities that thermally treat the waste in a device other than an incinerator and that are certified pursuant to the standards and procedures in s. NR 665.0383.

NR 665.0001(5) (5) The requirements of this chapter apply to owners or operators of all facilities which treat, store or dispose of hazardous waste referred to in ch. NR 668, and the ch. NR 668 standards are considered material conditions or requirements of the interim license standards in this chapter.

NR 665.0001(6) (6) Section NR 666.205 identifies when the requirements of this chapter apply to the storage of military munitions classified as solid waste under s. NR 666.202. The treatment and disposal of hazardous waste military munitions are subject to the applicable licensing, procedural and technical standards in chs. NR 660 to 670.

NR 665.0001 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (3) (n) 3. Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (3) (g), cr. (3) (p) Register July 2020 No 775, eff. 8-1-20; correction in (2), (3) (f) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

NR 665.0004 NR 665.0004 Imminent danger action. Notwithstanding any other provisions of this chapter, enforcement actions may be brought pursuant to s. 291.85, Stats.

NR 665.0004 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. B of ch. NR 665 Subchapter B — General Facility Standards

NR 665.0010 NR 665.0010 Applicability. This subchapter applies to owners and operators of all hazardous waste facilities, except as s. NR 665.0001 provides otherwise.

NR 665.0010 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0011 NR 665.0011 Identification number. Every facility owner or operator shall apply to the department for an EPA identification number according to the procedures in s. NR 660.07.

NR 665.0011 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0012 NR 665.0012 Required notices.

NR 665.0012(1) (1) The owner or operator of a facility that is arranging or has arranged to receive hazardous waste subject to subch. H of ch. NR 662 from a foreign source shall submit all of the following required notices:

NR 665.0012(1)(a) (a) In accordance with s. NR 662.084 (2), for imports where the competent authority of the country of export does not require the foreign exporter to submit to it a notification proposing export and obtain consent from EPA and the competent authorities for the countries of transit, the owner or operator of the facility, if acting as the importer, shall provide notification of the proposed transboundary movement in English to EPA using the allowable methods listed in s. NR 662.084 (2) (a) at least 60 days before the first shipment is expected to depart the country of export. The notification may cover up to one year of shipments of wastes having similar physical and chemical characteristics, the same United Nations classification, the same hazardous waste codes and OECD waste codes, and being sent from the same foreign exporter.

NR 665.0012(1)(b) (b) In accordance with s. NR 662.084 (4) (b) 15., a copy of the movement document bearing all required signatures within 3 working days of receipt of the shipment to the foreign exporter; to the competent authorities of the countries of export and transit that control the shipment as an export and transit shipment of hazardous waste respectively; and on or after the electronic import-export reporting compliance date, to EPA electronically using EPA’s waste import export tracking system, or its successor system. The original of the signed movement document shall be maintained at the facility for at least 3 years. The owner or operator of a facility may satisfy this recordkeeping requirement by retaining electronically submitted documents in the facility’s account on EPA’s waste import export tracking system, or its successor system, provided that copies are readily available for viewing and production if requested by EPA or the department. No owner or operator of a facility shall be held liable for the inability to produce the documents for inspection under this section if the owner or operator of a facility can demonstrate that the inability to produce the document is due exclusively to technical difficulty with EPA’s waste import export tracking system, or its successor system, for which the owner or operator of a facility bears no responsibility.

NR 665.0012(1)(c) (c) In accordance with s. NR 662.084 (6) (d), if the facility has physical control of the waste and the waste will be sent to an alternate facility or returned to the country of export, the owner or operator of the facility shall inform EPA of the need to return or arrange alternate management of the shipment using the allowable methods listed in s. NR 662.084 (2) (a).

NR 665.0012(1)(d) (d) As specified in s. NR 662.084 (7), the owner or operator shall do all of the following:

NR 665.0012(1)(d)1. 1. Send copies of the signed and dated confirmation of recovery or disposal, as soon as possible, but no later than 30 days after completing recovery or disposal on the waste in the shipment and no later than one calendar year following receipt of the waste, to the foreign exporter, to the competent authority of the country of export that controls the shipment as an export of hazardous waste, and on or after the electronic import-export reporting compliance date, to EPA electronically using EPA’s waste import export tracking system, or its successor system.

NR 665.0012(1)(d)2. 2. If the facility performed any of recovery operations R12, R13, or RC16, or disposal operations D13 through D15, or DC17, promptly send copies of the confirmation of recovery or disposal that it receives from the final recovery or disposal facility within one year of shipment delivery to the final recovery or disposal facility that performed one of recovery operations R1 through R11, or RC16, or one of disposal operations D1 through D12, or DC15 to DC16.  Copies of the confirmation shall also be sent to the competent authority of the country of export that controls the shipment as an export of hazardous waste, and on or after the electronic import-export reporting compliance date, to EPA electronically using EPA’s waste import export tracking system, or its successor system. The recovery and disposal operations in this subdivision are defined in s. NR 662.081.

NR 665.0012(2) (2) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the long-term care period, the owner or operator shall notify the new owner or operator in writing of the requirements of this chapter and ch. NR 670. (Also see s. NR 670.072.)

NR 665.0012 Note Note: An owner’s or operator’s failure to notify the new owner or operator of the requirements of this chapter in no way relieves the new owner or operator of that person’s obligation to comply with all applicable requirements.

NR 665.0012 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: r. and recr. (1) Register August 2020 No. 776, eff. 9-1-20; correction in (1) (d) 2. made under s. 35.17, Stats., Register August 2020 No. 776.

NR 665.0013 NR 665.0013 General waste analysis.

NR 665.0013(1) (1) 

NR 665.0013(1)(a) (a) Before an owner or operator treats, stores or disposes of any hazardous wastes, or nonhazardous wastes if applicable under s. NR 665.0113 (4), the owner or operator shall obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, the analysis shall contain all the information which must be known to treat, store or dispose of the waste according to this chapter and ch. NR 668.

NR 665.0013(1)(a)1. 1. Chemical and physical samples shall be analyzed by a laboratory certified or registered under ch. NR 149, except for field analyses for pH, specific conductance and temperature.

NR 665.0013(1)(b) (b) The analysis may include data developed under ch. NR 661, and existing published or documented data on the hazardous waste or on waste generated from similar processes.

NR 665.0013 Note Note: For example, the facility’s records of analyses performed on the waste before August 1, 2006, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with par. (a). The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part of the information required by par. (a), except as otherwise specified in s. NR 668.07(2) and (3). If the generator does not supply the information, and the owner or operator chooses to accept a hazardous waste, the owner or operator is responsible for obtaining the information required to comply with this section.

NR 665.0013(1)(c) (c) The analysis shall be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the analysis shall be repeated when any of the following occurs:

NR 665.0013(1)(c)1. 1. The owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous wastes or non-hazardous wastes, if applicable, under s. NR 665.0113 (4) has changed.

NR 665.0013(1)(c)2. 2. For off-site facilities, the results of the inspection required in par. (d) indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.

NR 665.0013(1)(d) (d) The owner or operator of an off-site facility shall inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.

NR 665.0013(2) (2) The owner or operator shall develop and follow a written waste analysis plan which describes the procedures which the owner or operator will carry out to comply with sub. (1). The owner or operator shall keep this plan at the facility. At a minimum, the plan shall specify all of the following:

NR 665.0013(2)(a) (a) The parameters for which each hazardous waste, or non-hazardous waste if applicable under s. NR 665.0113 (4), will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste’s properties to comply with sub. (1)).

NR 665.0013(2)(b) (b) The test methods which will be used to test for these parameters.

NR 665.0013(2)(c) (c) The sampling method which will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using any of the following:

NR 665.0013(2)(c)1. 1. One of the sampling methods described in ch. NR 661 Appendix I.

NR 665.0013(2)(c)2. 2. An equivalent sampling method.

NR 665.0013 Note Note: See s. NR 660.21 for related discussion.

NR 665.0013(2)(d) (d) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date.

NR 665.0013(2)(e) (e) For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply.

NR 665.0013(2)(f) (f) Where applicable, the methods that will be used to meet the additional waste analysis requirements for specific waste management methods specified in ss. NR 665.0200, 665.0225, 665.0252, 665.0314, 665.0341, 665.0375, 665.0402, 665.1034 (4), 665.1063 (4), 665.1084 and 668.07.

NR 665.0013(2)(g) (g) For surface impoundments exempted from land disposal restrictions under s. NR 668.04 (1), the procedures and schedule for all of the following:

NR 665.0013(2)(g)1. 1. The sampling of impoundment contents.