Chapter NR 666

NR 666.315(4) (4) The exempted waste shall be disposed of at a designated LLRW disposal facility as described in s. NR 666.335.

NR 666.315 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 666.320 NR 666.320 What treatment standards must your eligible waste meet? Your LLMW or eligible NARM waste shall meet the land disposal restriction (LDR) treatment standards specified in subch. D of ch. NR 668.

NR 666.320 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 666.325 NR 666.325 Are you subject to the manifest and transportation condition in s. NR 666.315 (2)? If you are not already subject to NRC, or NRC agreement state equivalent manifest and transportation rules for the shipment of your waste, you shall meet the manifest requirements under 10 CFR 20.2006 (or NRC agreement state equivalent rules), and the transportation requirements under 10 CFR 1.5 (or NRC agreement state equivalent rules) to ship the exempted waste.

NR 666.325 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 666.330 NR 666.330 When does the transportation and disposal exemption take effect? The exemption becomes effective once all the following have occurred:

NR 666.330(1) (1) Your eligible waste meets the applicable LDR treatment standards.

NR 666.330(2) (2) You have received return receipts that you have notified us and the LLRW disposal facility as described in s. NR 666.345.

NR 666.330(3) (3) You have completed the packaging and preparation for shipment requirements for your waste according to NRC packaging and transportation regulations found under 10 CFR part 71 (or NRC agreement state equivalent rules); and you have prepared a manifest for your waste according to NRC manifest regulations found under 10 CFR part 20 (or NRC agreement state equivalent rules).

NR 666.330(4) (4) You have placed your waste on a transportation vehicle destined for a LLRW disposal facility licensed by NRC or an NRC agreement state.

NR 666.330 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 666.335 NR 666.335 Where must your exempted waste be disposed of? Your exempted waste shall be disposed of in a LLRW disposal facility that is regulated and licensed by NRC under 10 CFR part 61 or by an NRC agreement state under equivalent state rules, including state NARM licensing rules for eligible NARM.

NR 666.335 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 666.340 NR 666.340 What type of container must be used for disposal of exempted waste? Your exempted waste shall be placed in containers before it is disposed. The container shall be any of the following:

NR 666.340(1) (1) A carbon steel drum.

NR 666.340(2) (2) An alternative container with equivalent containment performance in the disposal environment as a carbon steel drum.

NR 666.340(3) (3) A high integrity container as defined by NRC.

NR 666.340 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

Notification

NR 666.345 NR 666.345 Whom must you notify?

NR 666.345(1) (1) You shall provide a one-time notice to us stating that you are claiming the transportation and disposal conditional exemption prior to the initial shipment of an exempted waste from your facility to a LLRW disposal facility. Your dated written notice shall include your facility name, address, phone number and EPA ID number, and be sent by certified delivery.

NR 666.345(2) (2) You shall notify the LLRW disposal facility receiving your exempted waste by certified delivery before shipment of each exempted waste. You may only ship the exempted waste after you have received the return receipt of your notice to the LLRW disposal facility. This notification shall include all of the following:

NR 666.345(2)(a) (a) A statement that you have claimed the exemption for the waste.

NR 666.345(2)(b) (b) A statement that the eligible waste meets applicable LDR treatment standards.

NR 666.345(2)(c) (c) Your facility’s name, address and EPA hazardous waste ID number.

NR 666.345(2)(d) (d) The hazardous waste codes prior to the exemption of the waste streams.

NR 666.345(2)(e) (e) A statement that the exempted waste shall be placed in a container according to s. NR 666.340 prior to disposal in order for the waste to remain exempt under the transportation and disposal conditional exemption of this subchapter.

NR 666.345(2)(f) (f) The manifest number of the shipment that will contain the exempted waste.

NR 666.345(2)(g) (g) A certification that all the information provided is true, complete and accurate. Your authorized representative shall sign the statement.

NR 666.345 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

General, Transportation and Disposal
Recordkeeping

NR 666.350 NR 666.350 What general, transportation and disposal records must you keep at your facility and for how long? In addition to those records required by your NRC or NRC agreement state license, you shall keep records according to all of the following:

NR 666.350(1) (1) You shall follow the applicable existing recordkeeping requirements under ss. NR 664.0073, 665.0073 and 668.07 to demonstrate that your waste has met LDR treatment standards prior to your claiming the exemption.

NR 666.350(2) (2) You shall keep a copy of all notifications and return receipts required under ss. NR 666.355 and 666.360 for 3 years after the exempted waste is sent for disposal.

NR 666.350(3) (3) You shall keep a copy of all notifications and return receipts required under s. NR 666.345 (1) for 3 years after the last exempted waste is sent for disposal.

NR 666.350(4) (4) You shall keep a copy of the notification and return receipt required under s. NR 666.345 (2) for 3 years after the exempted waste is sent for disposal.

NR 666.350(5) (5) If you are not already subject to NRC, or NRC agreement state equivalent manifest and transportation rules for the shipment of your waste, you shall also keep all other documents related to tracking the exempted waste as required under 10 CFR 20.2006 or NRC agreement state equivalent rules, including applicable NARM requirements, in addition to the records specified in subs. (1) to (4).

NR 666.350 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

Loss of Transportation and Disposal
Conditional Exemption

NR 666.355 NR 666.355 How could you lose the transportation and disposal conditional exemption for your waste and what actions must you take?

NR 666.355(1) (1) Any waste will automatically lose the transportation and disposal exemption if you fail to manage it in accordance with all of the conditions specified in s. NR 666.315.

NR 666.355(1)(a) (a) When you fail to meet any of the conditions specified in s. NR 666.315 for any of your wastes, you shall report to us, in writing by certified delivery, within 30 days of learning of the failure. Your report shall be signed by your authorized representative certifying that the information provided is true, accurate and complete. This report shall include all of the following:

NR 666.355(1)(a)1. 1. The specific conditions that you failed to meet for the waste.

NR 666.355(1)(a)2. 2. A description of the waste (including the waste name, hazardous waste codes and quantity) that lost the exemption.

NR 666.355(1)(a)3. 3. The dates on which you failed to meet the conditions for the waste.

NR 666.355(1)(b) (b) If the failure to meet any of the conditions may endanger human health or the environment, you shall also immediately notify us orally within 24 hours and follow up with a written notification within 5 days.

NR 666.355(2) (2) We may terminate your ability to claim a conditional exemption for your waste, or require you to meet additional conditions to claim a conditional exemption, for serious or repeated noncompliance with any requirements of this subchapter.

NR 666.355 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 666.360 NR 666.360 If you lose the transportation and disposal conditional exemption for a waste, can the exemption be reclaimed?

NR 666.360(1) (1) You may reclaim the transportation and disposal exemption for a waste after you have received a return receipt confirming that we have received your notification of the loss of the exemption specified in s. NR 666.355 (1) if both of the following apply:

NR 666.360(1)(a) (a) You again meet the conditions specified in s. NR 666.315 for the waste.

NR 666.360(1)(b) (b) You send a notice, by certified delivery, to us that you are reclaiming the exemption for the waste. Your notice shall be signed by your authorized representative certifying that the information provided is true, accurate and complete. The notice shall do all of the following:

NR 666.360(1)(b)1. 1. Explain the circumstances of each failure.

NR 666.360(1)(b)2. 2. Certify that each failure that caused you to lose the exemption for the waste has been corrected and that you again meet all conditions for the waste as of the date you specify.

NR 666.360(1)(b)3. 3. Describe plans you have implemented, listing the specific steps that you have taken, to ensure that conditions will be met in the future.

NR 666.360(1)(b)4. 4. Include any other information you want us to consider when we review your notice reclaiming the exemption.

NR 666.360(2) (2) We may terminate a reclaimed conditional exemption if we find that your claim is inappropriate based on factors including, but not limited to, your failure to correct the problem, to provide a satisfactory explanation of the circumstances of the failure or to implement a plan with steps to prevent another failure to meet the conditions of s. NR 666.315. In reviewing a reclaimed conditional exemption under this section, we may add conditions to the exemption to ensure that transportation and disposal activities will protect human health and the environment.

NR 666.360 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. P of ch. NR 666 Subchapter P—Hazardous Waste Pharmaceuticals

NR 666.500 NR 666.500 Definitions. The following definitions apply to this subchapter:

NR 666.500(1) (1) “Evaluated hazardous waste pharmaceutical” means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with s. NR 666.510 (1) (c) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit.

NR 666.500(2) (2) “Hazardous waste pharmaceutical” means a pharmaceutical that is a solid waste, as defined in s. NR 661.0002, and exhibits one or more characteristics identified in subch. C of ch. NR 661 or is listed in subch. D of ch. NR 661. A pharmaceutical is not a solid waste, as defined in s. NR 661.0002, and therefore not a hazardous waste pharmaceutical, if it is legitimately used, reused, for example lawfully donated for its intended purpose, or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste, as defined in s. NR 661.0002, and therefore not a hazardous waste pharmaceutical, if it has a reasonable expectation of being legitimately used, reused, for example lawfully redistributed for its intended purpose, or reclaimed.

NR 666.500(3) (3) “Healthcare facility” means any person that is lawfully authorized to do any of the following:

NR 666.500(3)(a) (a) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body.

NR 666.500(3)(b) (b) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals. Including wholesale distribution, third-party logistics that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.

NR 666.500(4) (4) “Household waste pharmaceutical” means a pharmaceutical that is a solid waste, as defined in s. NR 661.0002, but is excluded from being a hazardous waste under s. NR 661.0004 (2) (a).

NR 666.500(5) (5) “Long-term care facility” means a licensed entity that provides assistance with activities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. This definition includes hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Not included within the scope of this definition are group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities.

NR 666.500(6) (6) “Non-creditable hazardous waste pharmaceutical” means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used, reused, or reclaimed. This includes investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals.

NR 666.500(7) (7) “Non-hazardous waste pharmaceutical” means a pharmaceutical that is a solid waste, as defined in s. NR 661.0002, and is not listed in subch. D of ch. NR 661, and does not exhibit a characteristic identified in subch. C of ch. NR 661.

NR 666.500(8) (8) “Non-pharmaceutical hazardous waste” means a solid waste, as defined in s. NR 661.0002, that is listed in subch. D of ch. NR 661, or exhibits one or more characteristics identified in subch. C of ch. NR 661, but is not a pharmaceutical, as defined in this section.

NR 666.500(9) (9) “Pharmaceutical” means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system, for example electronic cigarette or vaping pen; or any liquid nicotine, or e-liquid, packaged for retail sale for use in electronic nicotine delivery systems, such pre-filled cartridges or vials. This definition includes dietary supplements, as defined by the federal food, drug and cosmetic act; prescription drugs, as defined by 21 CFR 203.3 (y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps.

NR 666.500(10) (10) “Potentially creditable hazardous waste pharmaceutical” means a prescription hazardous waste pharmaceutical that is all of the following:

NR 666.500(10)(a) (a) Has a reasonable expectation to receive manufacturer credit.

NR 666.500(10)(b) (b) Is in original manufacturer packaging, except pharmaceuticals that were subject to a recall.

NR 666.500(10)(c) (c) Is undispensed.

NR 666.500(10)(d) (d) Is unexpired or less than one year past expiration date.

NR 666.500(10)(e) (e) The term does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals including over-the-counter drugs, homeopathic drugs, and dietary supplements.

NR 666.500(11) (11) “Reverse distributor” means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.

NR 666.500 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 666.501 NR 666.501 Applicability.

NR 666.501(1) (1) A healthcare facility that is a very small quantity generator when counting all of its hazardous waste, including both its hazardous waste pharmaceuticals and its non-pharmaceutical hazardous waste, remains subject to s. NR 662.014 and is not subject to this subchapter, except for ss. NR 666.505 and NR 666.507 and the optional provisions under s. NR 666.504.

NR 666.501(2) (2) A healthcare facility that is a very small quantity generator when counting all of its hazardous waste, including both its hazardous waste pharmaceuticals and its non-pharmaceutical hazardous waste, has the option of complying with sub. (4) for the management of its hazardous waste pharmaceuticals as an alternative to complying with s. NR 662.014 and the optional provisions under s. NR 666.504.

NR 666.501(3) (3) A healthcare facility or reverse distributor remains subject to all applicable hazardous waste regulations with respect to the management of its non-pharmaceutical hazardous waste.

NR 666.501(4) (4) With the exception of healthcare facilities identified in sub. (1), a healthcare facility is subject to the all of the following in lieu of chs. NR 662 to 665:

NR 666.501(4)(a) (a) Sections NR 666.502 and 666.505 to 666.508 of this subchapter with respect to the management of all of the following:

NR 666.501(4)(a)1. 1. Non-creditable hazardous waste pharmaceuticals.

NR 666.501(4)(a)2. 2. Potentially creditable hazardous waste pharmaceuticals if they are not destined for a reverse distributor.

NR 666.501(4)(b) (b) Sections NR 666.502 (1), 666.503, 666.505 to 666.507, and 666.509 with respect to the management of potentially creditable hazardous waste pharmaceuticals that are prescription pharmaceuticals and are destined for a reverse distributor.