NR 665.0314(3)
(3) To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the following test shall be used: Method 9095B (paint filter liquids test) as described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA SW-846, incorporated by reference in s.
NR 660.11.
NR 665.0314(5)
(5) Sorbents used to treat free liquids to be disposed of in landfills shall be nonbiodegradable. Nonbiodegradable sorbents are materials listed or described in par.
(a); materials that pass one of the tests in par.
(b) or materials that are determined by EPA to be nonbiodegradable through the
40 CFR part 260 petition process.
NR 665.0314(5)(a)1.
1. Inorganic minerals, other inorganic materials and elemental carbon (e.g., aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone); oxides or hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal or activated carbon).
NR 665.0314(5)(a)2.
2. High molecular weight synthetic polymers (e.g., polyethylene, high density polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers). This does not include polymers derived from biological material or polymers specifically designed to be degradable.
NR 665.0314(5)(b)
(b) The sorbent material may be determined to be nonbiodegradable using any of the following tests:
NR 665.0314(5)(b)1.
1. ASTM Method G21-70 (1984a)
—Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi, incorporated by reference in s.
NR 660.11.
NR 665.0314(5)(b)2.
2. ASTM Method G22-76 (1984b)
—Standard Practice for Determining Resistance of Plastics to Bacteria, incorporated by reference in s.
NR 660.11.
NR 665.0314(6)
(6) The placement of any liquid which is not a hazardous waste in a landfill is prohibited unless the owner or operator of the landfill demonstrates to the department, or the department determines, that both of the following apply:
NR 665.0314(6)(a)
(a) The only reasonably available alternative to the placement in the landfill is placement in a landfill or unlined surface impoundment, whether or not operating under an operating license or interim license, which contains, or may reasonably be anticipated to contain, hazardous waste.
NR 665.0314(6)(b)
(b) Placement in the owner or operator's landfill will not present a risk of contamination of any underground source of drinking water (as that term is defined in
40 CFR 144.3).
NR 665.0314 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 16-007: r. (1), renum. (2) to (7) to (1) to (6) and, as renumbered, am. (1), (3), (6) (intro.)
Register July 2017 No. 739, eff. 8-1-17; correction in (4) as renumbered, made under s. 13.97 (4) (b) 7., Stats.,
Register July 2017 No. 739.
NR 665.0315
NR 665.0315 Special requirements for containers. Unless they are very small, such as an ampule, containers shall be either of the following:
NR 665.0315(1)
(1) At least 90 percent full when placed in the landfill.
NR 665.0315(2)
(2) Crushed, shredded or similarly reduced in volume to the maximum practical extent before burial in the landfill.
NR 665.0315 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0316
NR 665.0316 Disposal of small containers of hazardous waste in overpacked drums (lab packs). Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a landfill if all of the following requirements are met:
NR 665.0316(1)
(1) Hazardous waste shall be packaged in non-leaking inside containers. The inside containers shall be of a design and constructed of a material that will not react dangerously with, be decomposed by or be ignited by the contained waste. Inside containers shall be tightly and securely sealed. The inside containers shall be of the size and type specified in the U.S. department of transportation (DOT) hazardous materials regulations (
49 CFR parts 173,
178 and
179), if those regulations specify a particular inside container for the waste.
NR 665.0316(2)
(2) The inside containers shall be overpacked in an open head DOT-specification metal shipping container (
49 CFR parts 178 and
179) of no more than 416-liter (110 gallon) capacity and surrounded by, at a minimum, a sufficient quantity of sorbent material, determined to be nonbiodegradable in accordance with s.
NR 665.0314 (5), to completely sorb all of the liquid contents of the inside containers. The metal outer container shall be full after it has been packed with inside containers and sorbent material.
NR 665.0316(3)
(3) The sorbent material used may not be capable of reacting dangerously with, being decomposed by or being ignited by the contents of the inside containers, in accordance with s.
NR 665.0017 (2).
NR 665.0316(4)
(4) Incompatible wastes, as defined in s.
NR 660.10, may not be placed in the same outside container.
NR 665.0316(5)
(5) Reactive waste, other than cyanide- or sulfide-bearing waste as defined in s.
NR 661.0023 (1) (e), shall be treated or rendered non-reactive prior to packaging in accordance with subs.
(1) to
(4). Cyanide- and sulfide-bearing reactive waste may be packaged in accordance with subs.
(1) to
(4) without first being treated or rendered non-reactive.
NR 665.0316(6)
(6) The disposal is in compliance with the requirements of ch.
NR 668. Persons who incinerate lab packs according to the requirements in s.
NR 668.42 (3) (a) may use fiber drums in place of metal outer containers. The fiber drums shall meet the DOT specifications in
49 CFR 173.12 and be overpacked according to the requirements in sub.
(2).
NR 665.0316 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 19-082: am. (2), (5)
Register August 2020 No. 776, eff. 9-1-20.
NR 665.0340(1)(1)
This subchapter applies to owners and operators of hazardous waste incinerators (as defined in s.
NR 660.10), except as s.
NR 665.0001 provides otherwise.
NR 665.0340(2)(a)(a) Except as provided by pars.
(b) and
(c), this chapter no longer applies when an owner or operator demonstrates compliance with the maximum achievable control technology (MACT) requirements of
40 CFR part 63, subpart EEE, by conducting a comprehensive performance test and submitting proof of a postmarked notification of compliance to the department under
40 CFR 63.1207 (j) and 63.1210 (d) documenting compliance with
40 CFR part 63, subpart EEE.
NR 665.0340(2)(b)
(b) Section
NR 665.0351 and the applicable requirements of subchs.
A to
H,
BB and
CC continue to apply even where the owner or operator has demonstrated compliance with the MACT requirements of
40 CFR part 63, subpart EEE.
NR 665.0340(2)(c)
(c) Section
NR 665.0345 generally prohibiting burning of hazardous waste during startup and shutdown remains in effect if the owner or operator elects to comply with s.
NR 670.235 (2) (a) 1. to minimize emissions of toxic compounds from startup and shutdown.
NR 665.0340(3)
(3) Owners and operators of incinerators burning hazardous waste are exempt from this subchapter, except s.
NR 665.0351, provided that the owner or operator has documented, in writing, that the waste would not reasonably be expected to contain any of the hazardous constituents in ch.
NR 661 Appendix VIII, and has retained that documentation at the facility, if the waste to be burned is one of the following:
NR 665.0340(3)(b)
(b) Listed as a hazardous waste in subch.
D of ch. NR 661 solely because it is reactive (hazard code R) for characteristics other than those in s.
NR 661.0023 (1) (d) and
(e), and will not be burned when other hazardous wastes are present in the combustion zone.
NR 665.0340(3)(c)
(c) A hazardous waste solely because it possesses the characteristic of ignitability, corrosivity or both, as determined by the tests for characteristics of hazardous wastes under subch.
C of ch. NR 661.
NR 665.0340 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 16-007: am. (2) (a)
Register July 2017 No. 739, eff. 8-1-17;
CR 19-082: am. (2) (a), (3) (b), (d)
Register August 2020 No. 776, eff. 9-1-20; correction in (3) (b) made under s.
35.17, Stats.,
Register August 2020 No. 776.
NR 665.0341
NR 665.0341 Waste analysis. In addition to the waste analyses required by s.
NR 665.0013, the owner or operator shall sufficiently analyze any waste which the owner or operator has not previously burned in the owner or operator's incinerator to enable the owner or operator to establish steady state (normal) operating conditions (including waste and auxiliary fuel feed and air flow) and to determine the type of pollutants which might be emitted. At a minimum, the analysis shall determine all of the following:
NR 665.0341(3)
(3) Concentrations in the waste of lead and mercury, unless the owner or operator has written, documented data that show that the elements are not present.
NR 665.0341 Note
Note: As required by s.
NR 665.0073, the owner or operator shall place the results from each waste analysis, or the documented information, in the operating record of the facility.
NR 665.0341 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0345
NR 665.0345 General operating requirements. During start-up and shut-down of an incinerator, the owner or operator may not feed hazardous waste unless the incinerator is at steady state (normal) conditions of operation, including steady state operating temperature and air flow.
NR 665.0345 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0347
NR 665.0347 Monitoring and inspections. The owner or operator shall conduct, as a minimum, all of the following monitoring and inspections when incinerating hazardous waste:
NR 665.0347(1)
(1) Monitor existing instruments which relate to combustion and emission control at least every 15 minutes. Immediately make appropriate corrections to maintain steady state combustion conditions either automatically or by the operator. Instruments which relate to combustion and emission control would normally include those measuring waste feed, auxiliary fuel feed, air flow, incinerator temperature, scrubber flow, scrubber pH and relevant level controls.
NR 665.0347(2)
(2) Inspect the complete incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) at least daily for leaks, spills and fugitive emissions, and check all emergency shutdown controls and system alarms to assure proper operation.
NR 665.0347 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0351
NR 665.0351 Closure. At closure, the owner or operator shall remove all hazardous waste and hazardous waste residues (including but not limited to ash, scrubber waters and scrubber sludges) from the incinerator.
NR 665.0351 Note
Note: At closure, as throughout the operating period, unless the owner or operator can demonstrate, according to s.
NR 661.0003 (4), that the residue removed from the owner or operator's incinerator is not hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it according to all applicable requirements of chs.
NR 662 to
666.
NR 665.0351 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0352
NR 665.0352 Interim licensed incinerators burning particular hazardous wastes. NR 665.0352(1)(1)
Owners or operators of incinerators subject to this subchapter may burn EPA hazardous wastes F020, F021, F022, F023, F026 or F027 if they receive an interim license or interim license modification from the department after the owner or operator demonstrates that they can meet the performance standards of subch.
O of ch. NR 664 when they burn these wastes.
NR 665.0352(2)
(2) The department shall use all of the following standards and procedures to determine whether to issue an interim license or interim license modification:
NR 665.0352(2)(a)
(a) The owner or operator shall submit an application to the department containing applicable information in ss.
NR 670.019 and
670.062 demonstrating that the incinerator can meet the performance standards in subch.
O of ch. NR 664 when they burn these wastes.
NR 665.0352(2)(b)
(b) The department shall issue a preliminary determination as to whether the incinerator can meet the performance standards in subch.
O of ch. NR 664. The department shall provide notification of this preliminary determination by newspaper advertisement and radio broadcast in the jurisdiction where the incinerator is located. The department shall accept comments on the preliminary determination for 60 days. The department may also hold a public hearing upon request or at the department's discretion.
NR 665.0352(2)(c)
(c) After the close of the public comment period, the department shall issue a decision whether or not to issue an interim license or interim license modification for the incinerator.
NR 665.0352 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0370
NR 665.0370 Other thermal treatment. This subchapter applies to owners or operators of facilities that thermally treat hazardous waste in devices other than enclosed devices using controlled flame combustion, except as s.
NR 665.0001 provides otherwise. Thermal treatment in enclosed devices using controlled flame combustion is subject to the requirements of subch.
O if the unit is an incinerator, and subch.
H of ch. NR 666, if the unit is a boiler or an industrial furnace as defined in s.
NR 660.10.
NR 665.0370 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0373
NR 665.0373 General operating requirements. Before adding hazardous waste, the owner or operator shall bring the thermal treatment process to steady state (normal) conditions of operation, including steady state operating temperature, using auxiliary fuel or other means, unless the process is a non-continuous (batch) thermal treatment process which requires a complete thermal cycle to treat a discrete quantity of hazardous waste.
NR 665.0373 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0375
NR 665.0375 Waste analysis. In addition to the waste analyses required by s.
NR 665.0013, the owner or operator shall sufficiently analyze any waste which the owner or operator has not previously treated in the thermal process to enable the owner or operator to establish steady state (normal) or other appropriate (for a non-continuous process) operating conditions (including waste and auxiliary fuel feed) and to determine the type of pollutants which might be emitted. At a minimum, the analysis shall determine all of the following:
NR 665.0375(3)
(3) Concentrations in the waste of lead and mercury, unless the owner or operator has written, documented data that show that the element is not present.
NR 665.0375 Note
Note: As required by s.
NR 665.0073, the owner or operator shall place the results from each waste analysis, or the documented information, in the operating record of the facility.
NR 665.0375 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0377
NR 665.0377 Monitoring and inspections. The owner or operator shall conduct, as a minimum, all of the following monitoring and inspections when thermally treating hazardous waste:
NR 665.0377(1)
(1) Existing instruments which relate to temperature and emission control (if an emission control device is present) shall be monitored at least every 15 minutes. Appropriate corrections to maintain steady state or other appropriate thermal treatment conditions shall be made immediately either automatically or by the operator. Instruments which relate to temperature and emission control would normally include those measuring waste feed, auxiliary fuel feed, treatment process temperature and relevant process flow and level controls.
NR 665.0377(2)
(2) The stack plume (emissions), where present, shall be observed visually at least hourly for normal appearance (color and opacity). The operator shall immediately make any indicated operating corrections necessary to return any visible emissions to their normal appearance.
NR 665.0377(3)
(3) The complete thermal treatment process and associated equipment (pumps, valves, conveyors, pipes, etc.) shall be inspected at least daily for leaks, spills and fugitive emissions, and all emergency shutdown controls and system alarms shall be checked to assure proper operation.
NR 665.0377 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0381
NR 665.0381 Closure. At closure, the owner or operator shall remove all hazardous waste and hazardous waste residues (including, but not limited to, ash) from the thermal treatment process or equipment.
NR 665.0381 Note
Note: At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with s.
NR 661.0003 (3) or
(4), that any solid waste removed from the thermal treatment process or equipment is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chs.
NR 662 and
663 and this chapter.
NR 665.0381 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0382
NR 665.0382 Open burning; waste explosives. Open burning of hazardous waste is prohibited except for the open burning and detonation of waste explosives. Waste explosives include waste which has the potential to detonate and bulk military propellants which cannot safely be disposed of through other modes of treatment. Detonation is an explosion in which chemical transformation passes through the material faster than the speed of sound (0.33 kilometers/second at sea level). Owners or operators choosing to open burn or detonate waste explosives shall do so in accordance with the following table and in a manner that does not threaten human health or the environment.
-
See PDF for table 
NR 665.0382 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0383
NR 665.0383 Interim license thermal treatment devices burning particular hazardous waste. NR 665.0383(1)(1)
Owners or operators of thermal treatment devices subject to this subchapter may burn EPA hazardous wastes F020, F021, F022, F023, F026 or F027 if they demonstrate they can meet the performance standards of subch.
O of ch. NR 664 when they burn these wastes and receive approval from the department.
NR 665.0383(2)
(2) All of the following standards and procedures shall be used in determining whether to approve a thermal treatment unit:
NR 665.0383(2)(a)
(a) The owner or operator shall submit an application to the department containing the applicable information in ss.
NR 670.019 and
670.062 demonstrating that the thermal treatment unit can meet the performance standard in subch.
O of ch. NR 664 when it burns these wastes.
NR 665.0383(2)(b)
(b) The department shall issue a tentative decision as to whether the thermal treatment unit can meet the performance standards in subch.
O of ch. NR 664. Notification of this tentative decision shall be provided by newspaper advertisement and radio broadcast in the jurisdiction where the thermal treatment device is located. The department shall accept comment on the tentative decision for 60 days. The department also may hold a public hearing upon request or at its discretion.
NR 665.0383(2)(c)
(c) After the close of the public comment period, the department shall issue a decision whether or not to approve the thermal treatment unit.
