Register April 2021 No. 784
Chapter NR 668
HAZARDOUS WASTE LAND DISPOSAL RESTRICTIONS
Subchapter A — General
NR 668.01 Purpose, scope and applicability.
NR 668.02 Definitions applicable in this chapter.
NR 668.03 Dilution prohibited as a substitute for treatment.
NR 668.04 Treatment surface impoundment exemption.
NR 668.05 Procedures for case-by-case extensions to an effective date.
NR 668.06 Petitions to allow land disposal of a waste prohibited under subch. C.
NR 668.07 Testing, tracking, and recordkeeping requirements for generators, reverse distributors, treaters, and disposal facilities.
NR 668.09 Special rules regarding wastes that exhibit a characteristic.
Subchapter B — Schedule for Land Disposal Prohibition and Establishment of Treatment Standards
NR 668.14 Surface impoundment exemptions.
Subchapter C — Prohibitions on Land Disposal
NR 668.20 Waste specific prohibitions – Dyes or pigments production wastes.
NR 668.30 Waste specific prohibitions — wood preserving wastes.
NR 668.31 Waste specific prohibitions — dioxin-containing wastes.
NR 668.32 Waste specific prohibitions — soils exhibiting the toxicity characteristic for metals and containing PCBs.
NR 668.33 Waste specific prohibitions — chlorinated aliphatic wastes.
NR 668.34 Waste specific prohibitions — toxicity characteristic metal wastes.
NR 668.35 Waste specific prohibitions — petroleum refining wastes.
NR 668.36 Waste specific prohibitions — inorganic chemical wastes.
NR 668.37 Waste specific prohibitions — ignitable and corrosive characteristic wastes whose treatment standards were vacated.
NR 668.38 Waste specific prohibitions — newly identified organic toxicity characteristic wastes and newly listed coke by-product and chlorotoluene production wastes.
NR 668.39 Waste specific prohibitions — spent aluminum potliners, reactive and carbamate wastes.
Subchapter D — Treatment Standards
NR 668.40 Applicability of treatment standards.
NR 668.41 Treatment standards expressed as concentrations in waste extract.
NR 668.42 Treatment standards expressed as specified technologies.
NR 668.43 Treatment standards expressed as waste concentrations.
NR 668.44 Variance from a treatment standard.
NR 668.45 Treatment standards for hazardous debris.
NR 668.46 Alternative treatment standards based on HTMR.
NR 668.48 Universal treatment standards.
NR 668.49 Alternative LDR treatment standards for contaminated soil.
Subchapter E — Prohibitions on Storage
NR 668.50 Prohibitions on storage of restricted wastes.
Ch. NR 668 Note
Note: This chapter is similar to federal regulations contained in
40 CFR part 268, revised as of July 1, 2003.
NR 668.01
NR 668.01 Purpose, scope and applicability. NR 668.01(1)(1)
This chapter identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may continue to be land disposed.
NR 668.01(2)
(2) Except as specifically provided otherwise in this chapter or ch.
NR 661, the requirements of this chapter apply to persons who generate or transport hazardous waste and owners and operators of hazardous waste treatment, storage and disposal facilities.
NR 668.01(3)
(3) Restricted wastes may continue to be land disposed if any of the following conditions are met:
NR 668.01(3)(a)
(a) The EPA administrator has granted an extension to the effective date of a prohibition under
40 CFR 268.5 with respect to those wastes covered by the extension.
NR 668.01(3)(b)
(b) The EPA administrator has granted an exemption from a prohibition pursuant to a petition under
40 CFR 268.6, with respect to those wastes and units covered by the petition.
NR 668.01(3)(c)
(c) Wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under this chapter or
40 CFR part 148 are not prohibited if the wastes meet all of the following:
NR 668.01(3)(c)2.
2. The wastes at the point of injection do not exhibit any prohibited characteristic of hazardous waste as identified in subch.
C of ch. NR 661.
NR 668.01(3)(d)
(d) The wastes are hazardous only because they exhibit a hazardous characteristic, unless the wastes are subject to a specified method of treatment other than DEACT in s.
NR 668.40, or are D003 reactive cyanide and the wastes meet subds.
1. or
2. or
3. and subd.
4. NR 668.01(3)(d)1.
1. The wastes are managed in a treatment system which subsequently discharges to waters of the state pursuant to a permit issued under ch.
283, Stats.
NR 668.01(3)(d)2.
2. The wastes are treated for purposes of the pretreatment requirements of ch.
283, Stats.
NR 668.01(3)(d)3.
3. The wastes are managed in a zero discharge system engaged in CWA-equivalent treatment as defined in s.
NR 668.37.
NR 668.01(3)(d)4.
4. The wastes no longer exhibit a prohibited characteristic at the point of land disposal (i.e., placement in a surface impoundment).
NR 668.01(4)
(4) The requirements of this chapter may not affect the availability of a waiver under
42 USC 9621 (d) (4).
NR 668.01(5)
(5) All of the following hazardous wastes are not subject to this chapter:
NR 668.01(5)(c)
(c) Wastes identified or listed as hazardous after November 8, 1984 for which EPA has not promulgated land disposal prohibitions or treatment standards.
NR 668.01(5)(d)
(d) De minimis losses of characteristic wastes to wastewaters are not considered to be prohibited wastes and are defined as losses from normal material handling operations (e.g., spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials). The following are also considered to be de minimus losses: minor leaks of process equipment, storage tanks or containers; leaks from well-maintained pump packings and seals; sample purgings; and relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; rinsate from empty containers or from containers that are rendered empty by that rinsing; and laboratory wastes not exceeding one % of the total flow of wastewater into the facility's headworks on an annual basis, or with a combined annualized average concentration not exceeding one part per million in the headworks of the facility's wastewater treatment or pretreatment facility.
NR 668.01(6)
(6) Universal waste handlers and universal waste transporters, as defined in s.
NR 660.10, are exempt from ss.
NR 668.07 and
668.50 for all of the following hazardous wastes.
NR 668.01 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 16-007: am. (6) (c)
Register July 2017 No. 739, eff. 8-1-17;
CR 19-082: cr. (3) (c), r. and recr. (5) (a) Register August 2020 No. 776, eff. 9-1-20; correction in (3) (c) (intro.), 1. made under s. 35.17, Stats., Register August 2020 No. 776. NR 668.02
NR 668.02 Definitions applicable in this chapter. When used in this chapter the following terms have the meanings given below:
NR 668.02(1)
(1) “Halogenated organic compounds" or “HOCs" means those compounds having a carbon-halogen bond which are listed under ch.
NR 668 Appendix III.
NR 668.02(3)
(3) “Land disposal" means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.
NR 668.02(5)
(5) “Polychlorinated biphenyls" or “PCBs" means halogenated organic compounds defined in accordance with
40 CFR 761.3.
NR 668.02(6)
(6) “Wastewaters" means wastes that contain less than one % by weight total organic carbon (TOC) and less than one% by weight total suspended solids (TSS).
NR 668.02(7)
(7) “Debris" means solid material exceeding a 60 mm particle size that is intended for disposal and that is a manufactured object; or plant or animal matter; or natural geologic material. However, the following materials are not debris: any material for which a specific treatment standard is provided in subch.
D, namely lead acid batteries, cadmium batteries, and radioactive lead solids; process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and intact containers of hazardous waste that are not ruptured and that retain at least 75% of their original volume. A mixture of debris that has not been treated to the standards provided by s.
NR 668.45 and other material is regulated as debris if the mixture is comprised primarily of debris, by volume, based on visual inspection.
NR 668.02(8)
(8) “Hazardous debris" means debris that contains a hazardous waste listed in subch.
D of ch. NR 661, or that exhibits a characteristic of hazardous waste identified in subch.
C of ch. NR 661. Any deliberate mixing of prohibited hazardous waste with debris that changes its treatment classification, for example, from waste to hazardous debris, is not allowed under the dilution prohibition in s.
NR 668.03.
NR 668.02(9)
(9) “Underlying hazardous constituent" means any constituent listed in s.
NR 668.48, Table UTS—Universal Treatment Standards, except fluoride, selenium, sulfides, vanadium, and zinc, which can reasonably be expected to be present at the point of generation of the hazardous waste at a concentration above the constituent-specific UTS treatment standards.
NR 668.02(10)
(10) “Inorganic metal-bearing waste" means waste for which EPA has established treatment standards for metal hazardous constituents, and which does not otherwise contain significant organic or cyanide content as described in s.
NR 668.03 (3) (a), and is specifically listed in ch.
NR 668 Appendix XI.
NR 668.02(11)
(11) “Soil" means unconsolidated earth material composing the superficial geologic strata (material overlying bedrock), consisting of clay, silt, sand, or gravel size particles as classified by the U.S. natural resources conservation service, or a mixture of such materials with liquids, sludges or solids which is inseparable by simple mechanical removal processes and is made up primarily of soil by volume based on visual inspection. Any deliberate mixing of prohibited hazardous waste with soil that changes its treatment classification, for example, from waste to contaminated soil, is not allowed under the dilution prohibition in s.
NR 668.03.
NR 668.02 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 668.03
NR 668.03 Dilution prohibited as a substitute for treatment. NR 668.03(1)(1)
Except as provided in sub.
(2), no generator, transporter, handler, or owner or operator of a treatment, storage, or disposal facility may in any way dilute a restricted waste or the residual from treatment of a restricted waste as a substitute for adequate treatment to achieve compliance with subch.
D, to circumvent the effective date of a prohibition in subch.
C, to otherwise avoid a prohibition in subch.
C, or to circumvent a land disposal prohibition imposed by
42 USC 6924.
NR 668.03(2)
(2) Dilution of wastes that are hazardous only because they exhibit a characteristic in treatment systems which include land-based units which treat wastes subsequently discharged to a water of the State pursuant to a permit issued under section s.
283.31, Stats., or which treat wastes in a CWA-equivalent treatment system, or which treat wastes for the purposes of pretreatment requirements under ss.
283.11 and
283.21, Stats., is not impermissible dilution for purposes of this section unless a method other than DEACT has been specified in s.
NR 668.40 as the treatment standard, or unless the waste is a D003 reactive cyanide wastewater or nonwastewater.
NR 668.03(3)
(3) Combustion of the hazardous waste codes listed in ch.
NR 668 Appendix XI is prohibited, unless the waste, at the point of generation, or after any bona fide treatment such as cyanide destruction prior to combustion, complies with one or more of the criteria in pars.
(a) to
(f), and is not otherwise specifically prohibited from combustion:
NR 668.03(3)(a)
(a) The waste contains hazardous organic constituents or cyanide at levels exceeding the constituent-specific treatment standard found in s.
NR 668.48.
NR 668.03(3)(b)
(b) The waste consists of organic, debris-like materials, for example, wood, paper, plastic, or cloth, contaminated with an inorganic metal-bearing hazardous waste.
NR 668.03(3)(c)
(c) The waste, at point of generation, has reasonable heating value, for example, greater than or equal to 5000 BTU per pound.
