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(2)
(2) An alternative container with equivalent containment performance in the disposal environment as a carbon steel drum.
NR 666.340 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
Notification
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 D
isposal
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)2.
2. A description of the waste (including the waste name, hazardous waste codes and quantity) that lost the exemption.
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)(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)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.
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 p
h
ysical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal bod
y
.
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, ps
ychiatric hospitals, ambulatory
surgical centers, health clinics, ph
ysicians' 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(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 facili
ty. 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 legitimate
ly
used, reused, or reclaimed. This includes investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in emp
ty
containers, contaminated personal protective equipment, floor sweepings, and clean
-up material from the spills of pharmaceuticals.
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 a
ny liquid nicotine, or e-liquid, packaged for retail sale for use in electronic nicotine delivery
s
ystems, 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-emp
ty
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)(b)
(b) Is in original manufacturer packaging, except pharmaceuticals that were subject to a recall.
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 verif
ying 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(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 compl
ying with sub.
(4) for the management of its hazardous waste pharmaceuticals as an alternative to compl
ying 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)2.
2. Potentially
creditable hazardous waste pharmaceuticals if they
are not destined for a reverse distributor
.
NR 666.501(5)
(5) A reverse distributor is subject to ss.
NR 666.505 to
666.510 of this subchapter in lieu of chs.
NR 662 to
665 with respect to the management of hazardous waste pharmaceuticals.
NR 666.501(6)
(6) Hazardous waste pharmaceuticals generated or managed
by
entities other than healthcare facilities and reverse distributors, for example pharmaceutical manufacturers and reverse logistics centers, are not subject to this subchapter. Other generators are subject to ch.
NR 662 for the generation and accumulation of hazardous wastes, including hazardous waste pharmaceuticals.
NR 666.501(7)(a)
(a) Pharmaceuticals that are not solid waste, as defined in s.
NR 661.0002, because they are legitimate
ly
used or reused (e.g., lawful
ly
donated for their intended purpose) or reclaimed.
NR 666.501(7)(b)
(b) Over
-the-counter pharmaceuticals, dietary
supplements, or homeopathic drugs that are not solid wastes, as defined in
s. NR 661.0002, because they
have a reasonable expectation of being legitimate
ly
used or reused (e.g., lawful
ly
redistributed for their intended purpose) or reclaimed.
NR 666.501(7)(c)
(c) Pharmaceuticals being managed in accordance with a recall strategy
that has been approved
by
the food and drug administration in accordance with
21 CFR part 7 subpart C. This subchapter does app
ly
to the management of the recalled hazardous waste pharmaceuticals after the food and drug administration approves the destruction of the recalled items.
NR 666.501(7)(d)
(d) Pharmaceuticals being managed in accordance with a recall corrective action plan that has been accepted
by
the consumer product safety commission in accordance with
16 CFR part 1115. This subchapter does apply
to the management of the recalled hazardous waste pharmaceuticals after the consumer product safety commission approves the destruction of the recalled items.
NR 666.501(7)(e)
(e) Pharmaceuticals stored according to a preservation order, or during an investigation or judicial proceeding until after the preservation order, investigation, or judicial proceeding has concluded or a decision is made to discard the pharmaceuticals.
NR 666.501(7)(f)
(f) Investigational new drugs for which an investigational new drug application is in effect in accordance with the food and drug administration's regulations in
21 CFR part 312. This subchapter does app
ly
to the management of the investigational new drug after the decision is made to discard the investigational new drug or the food and drug administration approves the destruction of the investigational new drug, if the investigational new drug is a hazardous waste
.
NR 666.501(7)(g)
(g) Household waste pharmaceuticals, including those that have been collected by an authorized collector, as defined
by
the drug enforcement administration, provided the authorized collector complies with the conditional exemption under s.
NR 666.506 (1) (b) and
(2).
NR 666.501 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20; correction in (4) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register April 2021 No. 784.
