NR 668.38NR 668.38 Waste specific prohibitions — newly identified organic toxicity characteristic wastes and newly listed coke by-product and chlorotoluene production wastes. NR 668.38(1)(1) Effective December 19, 1994, the wastes specified in s. NR 661.0032 as EPA hazardous waste numbers K141, K142, K143, K144, K145, K147, K148, K149, K150, and K151 are prohibited from land disposal. In addition, debris contaminated with EPA hazardous waste numbers F037, F038, K107 to K112, K117, K118, K123 to K126, K131, K132, K136, U328, U353, U359, and soil and debris contaminated with D012 to D043, K141 to K145, and K147 to K151 are prohibited from land disposal. Wastes that are specified in s. NR 661.0024, Table 1 as EPA hazardous waste numbers: D012, D013, D014, D015, D016, D017, D018, D019, D020, D021, D022, D023, D024, D025, D026, D027, D028, D029, D030, D031, D032, D033, D034, D035, D036, D037, D038, D039, D040, D041, D042, D043 that are not radioactive, or that are managed in systems other than those whose discharge is regulated under ch. 283, Stats., or that are zero dischargers that do not engage in CWA-equivalent treatment before ultimate land disposal are prohibited from land disposal. NR 668.38(2)(2) On September 19, 1996, radioactive wastes that are mixed with D018 to D043 that are managed in systems other than those whose discharge is regulated under ch. 283, Stats., or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. CWA-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or greater than these technologies. Radioactive wastes mixed with K 141 to K 145, and K147 to K151 are also prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal. NR 668.38(3)(3) Between December 19, 1994 and September 19, 1996, the wastes included in sub. (2) may be disposed in a landfill or surface impoundment, only if the unit is in compliance with 40 CFR 268.5(h)(2). NR 668.38(4)(4) The requirements of subs. (1) to (3) do not apply if any of the following conditions are met: NR 668.38(4)(a)(a) The wastes meet the applicable treatment standards specified in subch. D. NR 668.38(4)(b)(b) EPA 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 668.38(4)(d)(d) EPA has granted an extension to the effective date of a prohibition pursuant to 40 CFR 268.5, with respect to these wastes covered by the extension. NR 668.38(5)(5) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in s. NR 668.40, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable subch. D levels, the waste is prohibited from land disposal, and all requirements of this chapter are applicable, except as otherwise specified. NR 668.39NR 668.39 Waste specific prohibitions — spent aluminum potliners, reactive and carbamate wastes. NR 668.39(1)(1) On July 8, 1996, the wastes specified in s. NR 661.0032 as EPA Hazardous waste numbers K156 to K159, and K161; and in s. NR 661.0033 as EPA hazardous waste numbers P127, P128, P185, P188 to P192, P194, P196 to P199, P201 to P205, U271, U278 to U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409 to U411 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal. NR 668.39(2)(2) On July 8, 1996, the wastes identified in s. NR 661.0023 as D003 that are managed in systems other than those whose discharge is regulated under ch. 283, Stats., or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. This prohibition does not apply to unexploded ordnance and other explosive devices which have been the subject of an emergency response. (These D003 wastes are prohibited unless they meet the treatment standard of DEACT before land disposal as described in s. NR 668.40). NR 668.39(3)(3) On September 21, 1998, the wastes specified in s. NR 661.0032 as EPA hazardous waste number K088 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal. NR 668.39(4)(4) On April 8, 1998, radioactive wastes mixed with K088, K156 to K159, K161, P127, P128, P185, P188 to P192, P194, P196 to P199, P201 to P205, U271, U278 to U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409 to U411 are prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal. NR 668.39(5)(5) Between July 8, 1996, and April 8, 1998, the wastes included in subs. (1), (3) and (4) may be disposed in a landfill or surface impoundment, only if the unit is in compliance with 40 CFR 268.5(h)(2). NR 668.39(6)(6) The requirements of subs. (1) to (4) do not apply if any of the following conditions are met: NR 668.39(6)(a)(a) The wastes meet the applicable treatment standards specified in subch. D. NR 668.39(6)(b)(b) EPA 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 668.39(6)(d)(d) EPA has granted an extension to the effective date of a prohibition pursuant to 40 CFR 268.5, with respect to these wastes covered by the extension. NR 668.39(7)(7) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in s. NR 668.40, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable subch. D levels, the waste is prohibited from land disposal, and all requirements of this chapter are applicable, except as otherwise specified. NR 668.39 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (2), (6) (c) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (1) to (3) Register August 2020 No. 776, eff. 9-1-20. NR 668.40NR 668.40 Applicability of treatment standards. NR 668.40(1)(1) A prohibited waste identified in the table “Treatment Standards for Hazardous Wastes” in this section may be land disposed only if it meets the requirements found in the table. For each waste, the table identifies one of the following three types of treatment standard requirements: NR 668.40(1)(a)(a) All hazardous constituents in the waste or in the treatment residue shall be at or below the values found for that waste in the table under the heading “total waste standards”. NR 668.40(1)(b)(b) The hazardous constituents in the extract of the waste or in the extract of the treatment residue shall be at or below the values found in the table under the heading, “waste extract standards”. NR 668.40(1)(c)(c) The waste shall be treated using the technology specified in the table under the heading “technology standard”, and described in detail in s. NR 668.42, Table 1—Technology Codes and Description of Technology-Based Standards. NR 668.40(2)(2) For wastewaters, compliance with concentration level standards is based on maximums for any one day, except for D004 through D011 wastes for which the previously promulgated treatment standards based on grab samples remain in effect. For all nonwastewaters, compliance with concentration level standards is based on grab sampling. For wastes covered by the waste extract standards, the test method 1311, the toxicity characteristic leaching procedure found in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA SW-846, incorporated by reference in s. NR 660.11 shall be used to measure compliance. An exception is made for D004 and D008, for which either of two test methods may be used: Method 1311 or Method 1310B, the extraction procedure toxicity test. For wastes covered by a technology standard, the wastes may be land disposed after being treated using that specified technology or an equivalent treatment technology approved by the EPA Administrator under the procedures set forth in 40 CFR 268.42(b). NR 668.40(3)(3) When wastes with differing treatment standards for a constituent of concern are combined for purposes of treatment, the treatment residue shall meet the lowest treatment standard for the constituent of concern. NR 668.40(4)(4) Notwithstanding the prohibitions specified in sub. (1), treatment and disposal facilities may demonstrate and certify pursuant to s. NR 668.07 (2) (e) compliance with the treatment standards for organic constituents specified by a footnote in the table “Treatment Standards for Hazardous Wastes” in this section, provided all of the following conditions are satisfied: NR 668.40(4)(a)(a) The treatment standards for the organic constituents were established based on incineration in units operated in accordance with the technical requirements of subch. O of ch. NR 664, or based on combustion in fuel substitution units operating in accordance with applicable technical requirements. NR 668.40(4)(b)(b) The treatment or disposal facility has used the methods referenced in par. (a) to treat the organic constituents. NR 668.40(4)(c)(c) The treatment or disposal facility may demonstrate compliance with organic constituents if good-faith analytical efforts achieve detection limits for the regulated organic constituents that do not exceed the treatment standards specified in this section by an order of magnitude. NR 668.40(5)(5) For characteristic wastes (D001 to D043) that are subject to treatment standards in the table “Treatment Standards for Hazardous Wastes,” and are not managed in a wastewater treatment system that is regulated under ch. 283, Stats., or that is CWA-equivalent, all underlying hazardous constituents as defined in s. NR 668.02 (9) must meet universal treatment standards, found in s. NR 668.48, Table Universal Treatment Standards, prior to land disposal as defined in s. NR 668.02 (3). NR 668.40(6)(6) The treatment standards for F001 to F005 nonwastewater constituents carbon disulfide, cyclohexanone, and methanol apply to wastes which contain only one, 2, or 3 of these constituents. Compliance is measured for these constituents in the waste extract from test Method 1311, the Toxicity Characteristic Leaching Procedure found in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA SW-846, incorporated by reference in s. NR 660.11. If the waste contains any of these three constituents along with any of the other 25 constituents found in F001 to F005, then compliance with treatment standards for carbon disulfide, cyclohexanone, and methanol are not required. NR 668.40(7)(7) Between August 26, 1996 and March 4, 1999 the treatment standards for the wastes specified in s. NR 661.0032 as EPA hazardous waste numbers K156 to K161 and in s. NR 661.0033 as EPA hazardous waste numbers P127, P128, P185, P188 to P192, P194, P196 to P199, P201 to P205, U271, U277 to U280, U364 to U367, U372, U373, U375 to U379, U381 to U387, U389 to U396, U400 to U404, U407, and U409 to U411; and soil contaminated with these wastes; shall be satisfied by either meeting the constituent concentrations presented in the table “Treatment Standards for Hazardous Wastes” in this section, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST at s. NR 668.42, Table 1, for nonwastewaters; and, biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code CARBN; chemical oxidation as defined by the technology code CHOXD; or combustion as defined as technology code CMBST at s. NR 668.42, Table 1, for wastewaters. NR 668.40(8)(8) If prohibited D004 to D011 mixed radioactive wastes and mixed radioactive listed wastes containing metal constituents, have been previously treated by stabilization to the treatment standards in effect at that time and put into storage afterwards, then it is not necessary to re-treat the waste to meet treatment standards in this section prior to land disposal. NR 668.40(10)(10) Effective September 4, 1998, the treatment standards for the wastes specified in s. NR 661.0033 as EPA hazardous waste numbers P185, P191, P192, P197, U364, U394, and U395 shall be satisfied by either meeting the constituent concentrations presented in the table “Treatment Standards for Hazardous Wastes” in this section, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST at s. NR 668.42, Table 1, for nonwastewaters; biodegradation as defined by the technology code BIODG; carbon adsorption as defined by the technology code CARBN; chemical oxidation as defined by the technology code CHOXD; or combustion as defined as technology code CMBST at s. NR 668.42, Table 1, for wastewaters. NR 668.40 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (2), (Table) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (7), (10), r. and recr. (Table) Register August 2020 No. 776, eff. 9-1-20; correction in (Table) made under s. 35.17, Stats., Register August 2020 No. 776. Section NR 668.40 — Treatment Standards for Hazardous Wastes NR 668.40 NoteNote: “n.a.” stands for “not applicable”; “fb.” stands for “followed by”.
Footnotes to Treatment Standard Table 668.40
NR 668.41NR 668.41 Treatment standards expressed as concentrations in waste extract. For the requirements and the treatment standards in Table CCWE–Constituent Concentrations in Waste Extracts, both of which were found in s. NR 675.21 until June 1, 1998, refer to s. NR 668.40. NR 668.41 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 668.42NR 668.42 Treatment standards expressed as specified technologies. NR 668.42 NoteNote: For the requirements previously found in Table 2–Technology–Based Standards By RCRA Waste Code and Table 3–Technology– Based Standards for Specific Radioactive Hazardous Mixed Waste, refer to s. NR 668.40. NR 668.42(1)(1) In the table entitled Treatment Standards for Hazardous Wastes, in s. NR 668.40, wastes for which standards are expressed as a treatment method rather than a concentration level, must be treated using the technology or technologies specified in the table entitled Technology Codes and Description of Technology-Based Standards. Table 1
Technology Codes and Description of Technology-Based Standards
NR 668.42 NoteNote: When more than one technology (or treatment train) are specified as alternative treatment standards, the 5 letter technology codes (or the treatment trains) are separated by a semicolon (;) with the last technology preceded by the word “OR”. This indicates that any one of these BDAT technologies or treatment trains can be used for compliance with the standard.
NR 668.42(2)(2) Any person may submit an application to the EPA Administrator demonstrating that an alternative treatment method can achieve a measure of performance equivalent to that achieved by methods specified in subs. (1), (3) and (4) for wastes, or specified in Table 1 for hazardous debris. The applicant shall submit information demonstrating that the treatment method is in compliance with federal, state and local requirements and is protective of human health and the environment. On the basis of this information and any other available information, the EPA Administrator may approve the use of the alternative treatment method if the EPA Administrator finds that the alternative treatment method provides a measure of performance equivalent to that achieved by methods specified in subs. (1), (3) and (4) for wastes or in s. NR 668.45, Table 1 for hazardous debris. The department shall accept any written determination issued by the EPA Administrator unless the department determines that the approved alternative method cannot achieve a measure of performance equivalent to that achieved by methods specified in subs. (1), (3) and (4) for wastes, or specified in Table 1 for hazardous debris. NR 668.42(3)(3) As an alternative to the treatment standards required in subch. D, lab packs may be land disposed provided all of the following requirements are met: NR 668.42(3)(d)(d) Any incinerator residues from lab packs containing D004, D005, D006, D007, D008, D010, and D011 are treated in compliance with the applicable treatment standards specified for the wastes in subch. D. NR 668.42(4)(4) Radioactive hazardous mixed wastes are subject to the treatment standards in s. NR 668.40. Where the table entitled Treatment Standards for Hazardous Wastes found in s. NR 668.40 specifies treatment standards for radioactive mixed wastes, those treatment standards shall govern. Where there is no specific treatment standard for radioactive mixed waste, the treatment standard for the hazardous waste, as designated by EPA waste code, applies. Hazardous debris containing radioactive waste is subject to the treatment standards specified in s. NR 668.45. NR 668.42 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 668.43NR 668.43 Treatment standards expressed as waste concentrations. For the requirements previously found in this section and for treatment standards in Table CCW—Constituent Concentrations in Wastes, refer to s. NR 668.40. NR 668.43 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 668.44NR 668.44 Variance from a treatment standard. NR 668.44(1)(1) Based on a petition filed by a generator or treater of hazardous waste, the EPA administrator may approve a variance from an applicable treatment standard if any of the following are met: NR 668.44(1)(a)(a) It is not physically possible to treat the waste to the level specified in the treatment standard, or by the method specified as the treatment standard. To show that this is the case, the petitioner shall demonstrate that because the physical or chemical properties of the waste differ significantly from waste analyzed in developing the treatment standard, the waste cannot be treated to the specified level or by the specified method. NR 668.44(1)(b)(b) It is inappropriate to require the waste to be treated to the level specified in the treatment standard or by the method specified as the treatment standard, even though the treatment is technically possible. To show that this is the case, the petitioner shall demonstrate one of the following: NR 668.44(1)(b)1.1. Treatment to the specified level or by the specified method is technically inappropriate (for example, resulting in combustion of large amounts of mildly contaminated environmental media). NR 668.44(1)(b)2.2. For remediation waste only, treatment to the specified level or by the specified method is environmentally inappropriate because it would likely discourage aggressive remediation. NR 668.44(6)(6) A generator, treatment facility or disposal facility that is managing a waste covered by a variance from the treatment standards shall comply with the waste analysis requirements for restricted wastes found under s. NR 668.07. NR 668.44(7)(7) During the petition review process, the applicant is required to comply with all restrictions on land disposal under this chapter once the effective date for the waste has been reached. NR 668.44(8)(8) Based on a petition filed by a generator or treater of hazardous waste, the department may approve a site-specific variance from an applicable treatment standard if one of the following conditions is met: NR 668.44(8)(a)(a) It is not physically possible to treat the waste to the level specified in the treatment standard, or by the method specified as the treatment standard. To show that this is the case, the petitioner shall demonstrate that because the physical or chemical properties of the waste differ significantly from waste analyzed in developing the treatment standard, the waste cannot be treated to the specified level or by the specified method. NR 668.44(8)(b)(b) It is inappropriate to require the waste to be treated to the level specified in the treatment standard or by the method specified as the treatment standard, even though the treatment is technically possible. To show that this is the case, the petitioner shall demonstrate one of the following: NR 668.44(8)(b)1.1. Treatment to the specified level or by the specified method is technically inappropriate, for example, the treatment would result in combustion of large amounts of mildly contaminated environmental media where the treatment standard is not based on combustion of the media. NR 668.44(8)(b)2.2. For remediation waste only, treatment to the specified level or by the specified method is environmentally inappropriate because it would likely discourage aggressive remediation. NR 668.44(8)(c)(c) For contaminated soil only, treatment to the level or by the method specified in the soil treatment standards would result in concentrations of hazardous constituents that are lower than the concentrations necessary to minimize short-term and long-term threats to human health and the environment. Treatment variances approved under this paragraph shall meet all of the following conditions: NR 668.44(8)(c)1.1. At a minimum, treatment variances shall impose alternative land disposal restriction treatment standards that, using a reasonable maximum exposure scenario, meet all of the following conditions: NR 668.44(8)(c)1.a.a. For carcinogens, the treatment variances shall achieve constituent concentrations that result in the total excess risk to an individual exposed over a lifetime generally falling within a range from 10-4 to 10-6. NR 668.44(8)(c)1.b.b. For constituents with non-carcinogenic effects, the treatment variances shall achieve constituent concentrations that an individual could be exposed to on a daily basis without appreciable risk of deleterious effect during a lifetime. NR 668.44(8)(c)2.2. The treatment variances may not consider post-land-disposal controls. NR 668.44(8)(d)(d) For contaminated soil only, treatment to the level or by the method specified in the soil treatment standards would result in concentrations of hazardous constituents that are lower than natural background concentrations at the site where the contaminated soil will be land disposed. NR 668.44(8)(e)(e) Public notice and a reasonable opportunity for public comment shall be provided before granting or denying a petition. NR 668.44(9)(9) Each application for a site-specific variance from a treatment standard shall include the information in s. NR 660.20. NR 668.44(10)(10) After receiving an application for a site-specific variance from a treatment standard, the department may request any additional information or samples which may be required to evaluate the application.
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