NR 668.44
NR 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.
NR 668.44(11)
(11) A generator, treatment facility or disposal facility that is managing a waste covered by a site-specific variance from a treatment standard shall comply with the waste analysis requirements for restricted wastes found in s.
NR 668.07.
NR 668.44(12)
(12) During the application review process, the applicant for a site-specific variance shall comply with all restrictions on land disposal in this chapter once the effective date for the waste has been reached.
NR 668.44(13)
(13) For all variances, the petitioner shall also demonstrate that compliance with any given treatment variance is sufficient to minimize threats to human health and the environment posed by land disposal of the waste. In evaluating this demonstration, the department may take into account whether a treatment variance should be approved if the subject waste is to be used in a manner constituting disposal pursuant to ss.
NR 666.020 to
666.023.
NR 668.44 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 16-007: am. (8) (intro.), (10), (13)
Register July 2017 No. 739, eff. 8-1-17.
NR 668.45
NR 668.45 Treatment standards for hazardous debris. NR 668.45(1)(1)
Hazardous debris shall be treated prior to land disposal unless the department determines under s.
NR 661.0003 (6) (b) that the debris is no longer contaminated with hazardous waste or the debris is treated to the waste-specific treatment standard provided in this subchapter for the waste contaminating the debris.
NR 668.45(1)(a)
(a)
General. Hazardous debris shall be treated for each “contaminant subject to treatment" defined by sub.
(2) using the technology or technologies identified in Table 1.
NR 668.45(1)(b)
(b)
Characteristic debris. Hazardous debris that exhibits the characteristic of ignitability, corrosivity, or reactivity identified under ss.
NR 661.0021,
661.0022 and
661.0023, respectively, shall be deactivated by treatment using one of the technologies identified in Table 1.
NR 668.45(1)(c)
(c)
Mixtures of debris types. The treatment standards of Table 1 shall be achieved for each type of debris contained in a mixture of debris types. If an immobilization technology is used in a treatment train, it shall be the last treatment technology used.
NR 668.45(1)(d)
(d)
Mixtures of contaminant types. Debris that is contaminated with 2 or more contaminants subject to treatment identified under sub.
(2) shall be treated for each contaminant using one or more treatment technologies identified in Table 1. If an immobilization technology is used in a treatment train, it shall be the last treatment technology used.
NR 668.45(1)(e)
(e)
Waste PCBs. Hazardous debris that is also a waste PCB under
40 CFR 761.3 is subject to the requirements of either
40 CFR 761.3 or the requirements of this section, whichever are more stringent.
NR 668.45(2)
(2) Hazardous debris shall be treated for each “contaminant subject to treatment." The contaminants subject to treatment shall be determined using all of the following criteria:
NR 668.45(2)(a)
(a)
Toxicity characteristic debris. The contaminants subject to treatment for debris that exhibits the toxicity characteristic (TC) by s.
NR 661.0024 are those EP constituents for which the debris exhibits the TC toxicity characteristic.
NR 668.45(2)(b)
(b)
Debris contaminated with listed waste. The contaminants subject to treatment for debris that is contaminated with a prohibited listed hazardous waste are those constituents or wastes for which treatment standards are established for the waste under s.
NR 668.40.
NR 668.45(2)(c)
(c)
Cyanide reactive debris. Hazardous debris that is reactive because of cyanide shall be treated for cyanide.
NR 668.45(3)
(3) Hazardous debris that has been treated using one of the specified extraction or destruction technologies in Table 1 and that does not exhibit a characteristic of hazardous waste identified under subch.
C of ch. NR 661 after treatment is not a hazardous waste and need not be managed in a facility licensed or permitted to accept hazardous waste. Hazardous debris contaminated with a listed waste that is treated by an immobilization technology specified in Table 1 is a hazardous waste and shall be managed in a facility licensed or permitted to accept hazardous waste.
NR 668.45(4)
(4) Treatment residuals shall be treated as follows:
NR 668.45(4)(a)
(a)
General requirements. Except as provided by pars.
(b) and
(d) all of the following conditions shall be met:
NR 668.45(4)(a)1.
1. Residue from the treatment of hazardous debris shall be separated from the treated debris using simple physical or mechanical means.
NR 668.45(4)(a)2.
2. Residue from the treatment of hazardous debris is subject to the waste-specific treatment standards provided by subch.
D of ch. NR 668 for the waste contaminating the debris.
NR 668.45(4)(b)
(b)
Nontoxic debris. Residue from the deactivation of ignitable, corrosive or reactive characteristic hazardous debris (other than cyanide-reactive) that is not contaminated with a contaminant subject to treatment defined by sub.
(2), shall be deactivated prior to land disposal and is not subject to the waste-specific treatment standards of subch.
D.
NR 668.45(4)(c)
(c)
Cyanide-reactive debris. Residue from the treatment of debris that is reactive because of cyanide shall meet the treatment standards for D003 in Treatment Standards for Hazardous Wastes in s.
NR 668.40.
NR 668.45(4)(d)
(d)
Ignitable nonwastewater residue. Ignitable nonwastewater residue containing equal to or greater than 10% total organic carbon is subject to the technology specified in the treatment standard for D001: Ignitable Liquids.
NR 668.45(4)(e)
(e)
Residue from spalling. Layers of debris removed by spalling are hazardous debris that remain subject to the treatment standards of this section.
1 Hazardous debris shall be treated by either these standards or the waste-specific treatment standards for the waste contaminating the debris. The treatment standards shall be met for each type of debris contained in a mixture of debris types, unless the debris is converted into treatment residue as a result of the treatment process. Debris treatment residuals are subject to the waste-specific treatment standards for the waste contaminating the debris.
2 Contaminant restriction means that the technology is not BDAT for that contaminant. If debris containing a restricted contaminant is treated by the technology, the contaminant shall be subsequently treated by a technology for which it is not restricted in order to be land disposed (and excluded from regulation as hazardous waste).
3 “Clean debris surface" means the surface, when viewed without magnification, shall be free of all visible contaminated soil and hazardous waste except that residual staining from soil and waste consisting of light shadows, slight streaks or minor discolorations, and soil and waste in cracks, crevices and pits may be present if the staining and waste and soil in cracks, crevices and pits shall be limited to no more than 5% of each square inch of surface area.
4 Acids, solvents and chemical reagents may react with some debris and contaminants to form hazardous compounds. For example, acid washing of cyanide-contaminated debris could result in the formation of hydrogen cyanide. Some acids may also react violently with some debris and contaminants, depending on the concentration of the acid and the type of debris and contaminants. Debris treaters should refer to the safety precautions specified in material safety data sheets for various acids to avoid applying an incompatible acid to a particular debris and contamination combination. For example, concentrated sulfuric acid may react violently with certain organic compounds, such as acrylonitrile.
5 If reducing the particle size of debris to meet the treatment standards results in material that no longer meets the 60 mm minimum particle size limit for debris, the material is subject to the waste-specific treatment standards for the waste contaminating the material, unless the debris has been cleaned and separated from contaminated soil and waste prior to size reduction. At a minimum, simple physical or mechanical means shall be used to provide the cleaning and separation of nondebris materials to ensure that the debris surface is free of caked soil, waste or other nondebris material.
6 Dioxin-listed wastes are EPA hazardous waste numbers F020, F021, F022, F023, F026, and F027.
7 Thermal desorption is distinguished from thermal destruction in that the primary purpose of thermal desorption is to volatilize contaminants and to remove them from the treatment chamber for subsequent destruction or other treatment.
8 The demonstration “Equivalent Technology" under s.
NR 668.42 (2) shall document that the technology treats contaminants subject to treatment to a level equivalent to that required by the performance and design and operating standards for other technologies in this table such that residual levels of hazardous contaminants will not pose a hazard to human health and the environment absent management controls.
9 Any soil, waste and other nondebris material that remains on the debris surface (or remains mixed with the debris) after treatment is considered a treatment residual that shall be separated from the debris using, at a minimum, simple physical or mechanical means. Examples of simple physical or mechanical means are vibratory or trommel screening or water washing. The debris surface need not be cleaned to a “clean debris surface" as defined in note 3 when separating treated debris from residue; rather, the surface shall be free of caked soil, waste or other nondebris material. Treatment residuals are subject to the waste-specific treatment standards for the waste contaminating the debris.
NR 668.45 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 16-007: am. Table 1, footnotes 3, 4,
Register July 2017 No. 739, eff. 8-1-17;
CR 19-082: am. (1) (intro.), (b), (2) (a) Register August 2020 No. 776, eff. 9-1-20. NR 668.46
NR 668.46 Alternative treatment standards based on HTMR. For the treatment standards previously found in this section, refer to s.
NR 668.40.
NR 668.46 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 668.48
NR 668.48 Universal treatment standards. NR 668.48(1)(1)
Table UTS identifies the hazardous constituents, along with the nonwastewater and wastewater treatment standard levels, that are used to regulate most prohibited hazardous wastes with numerical limits. For determining compliance with treatment standards for underlying hazardous constituents as defined in s.
NR 668.02 (9), these treatment standards may not be exceeded. Compliance with these treatment standards is measured by an analysis of grab samples, unless otherwise noted in the following Table UTS.
NA means not applicable.
1 CAS means Chemical Abstract Services. When the waste code or regulated constituents are described as a combination of a chemical with its salts or esters, the CAS number is given for the parent compound only.
2 Concentration standards for wastewaters are expressed in mg/L and are based on analysis of composite samples.
3 Except for metals (EP or TCLP) and cyanides (total and amenable) the nonwastewater treatment standards expressed as a concentration were established, in part, based upon incineration in units operated according to the technical requirements of subch.
O of ch. NR 664 or subch.
O of ch. NR 665, or based upon combustion in fuel substitution units operating according to applicable technical requirements. A facility may comply with these treatment standards according to s.
NR 668.40 (4). All concentration standards for nonwastewaters are based on analysis of grab samples.
4 Both cyanides (total) and cyanides (amenable) for nonwastewaters are to be analyzed using Method 9010C or 9012B, found in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA SW-846, incorporated by reference in s.
NR 660.11, with a sample size of 10 grams and a distillation time of one hour and 15 minutes.
5 These constituents are not “underlying hazardous constituents" in characteristic wastes, according to the definition at s.
NR 668.02 (9).
7 This constituent is not an underlying hazardous constituent as defined at s.
NR 668.02 (9) because its UTS level is greater than its TC level, thus a treatment selenium waste would always be characteristically hazardous, unless it is treated to below its characteristic level.
8 This standard is temporarily deferred for soil exhibiting a hazardous characteristic due to D004 to D011 only.
NR 668.49
NR 668.49 Alternative LDR treatment standards for contaminated soil. NR 668.49(1)(1)
A person shall comply with LDRs prior to placing soil that exhibits a characteristic of hazardous waste, or exhibited a characteristic of hazardous waste at the time it was generated, into a land disposal unit. The following chart describes whether a person is required to comply with LDRs prior to placing soil contaminated by listed hazardous waste into a land disposal unit:
-
See PDF for table 
* For dates of LDR applicability, see ch.
NR 668 Appendix VII. To determine the date a listed hazardous waste contaminated a volume of soil, use the last date the listed hazardous waste was placed into the land disposal unit or, in the case of an accidental spill, the date of the spill.
NR 668.49(2)
(2) Prior to land disposal, contaminated soil identified by sub.
(1) as needing to comply with LDRs shall be treated according to the applicable treatment standards specified in sub.
(3) or according to the universal treatment standards specified in s.
NR 668.48 applicable to the contaminating listed hazardous waste or the applicable characteristic of hazardous waste if the soil is characteristic, or both. The treatment standards specified in sub.
(3) and the universal treatment standards may be modified through a treatment variance approved according to
40 CFR 268(a) to (g).
NR 668.49(3)
(3) Prior to land disposal, contaminated soil identified by sub.
(1) as needing to comply with LDRs shall be treated according to all the standards specified in this subsection or according to the universal treatment standards specified in s.
NR 668.48.
NR 668.49(3)(a)
(a)
All soils. Prior to land disposal, all constituents subject to treatment shall be treated as follows:
NR 668.49(3)(a)1.
1. For non-metals except carbon disulfide, cyclohexanone and methanol, treatment shall achieve 90% reduction in total constituent concentrations, except as provided by subd.
3. NR 668.49(3)(a)2.
2. For metals and carbon disulfide, cyclohexanone and methanol, treatment shall achieve 90% reduction in constituent concentrations as measured in leachate from the treated media (tested according to the TCLP) or 90 % reduction in total constituent concentrations (when a metal removal treatment technology is used), except as provided by subd.
3. NR 668.49(3)(a)3.
3. When treatment of any constituent subject to treatment to a 90% reduction standard would result in a concentration less than 10 times the universal treatment standard for that constituent, then treatment to achieve constituent concentrations less than 10 times the universal treatment standard is not required. Universal treatment standards are identified in s.
NR 668.48, Table UTS.
NR 668.49(3)(b)
(b)
Soils that exhibit the characteristic of ignitability, corrosivity or reactivity. In addition to the treatment required by par.
(a), prior to land disposal, soils that exhibit the characteristic of ignitability, corrosivity or reactivity shall be treated to eliminate these characteristics.
NR 668.49(3)(c)
(c)
Soils that contain nonanalyzable constituents. In addition to the treatment requirements of pars.
(a) and
(b), prior to land disposal, the following treatment is required for soils that contain nonanalyzable constituents:
NR 668.49(3)(c)1.
1. For soil that contains only analyzable and nonanalyzable organic constituents, the analyzable organic constituents shall be treated to the levels specified in pars.
(a) and
(b).
NR 668.49(3)(c)2.
2. Soil that contains only nonanalyzable constituents shall be treated by the method or methods specified in s.
NR 668.42 for the waste contained in the soil.
NR 668.49(4)
(4) When applying the soil treatment standards in sub.
(3), constituents subject to treatment are any constituents listed in s.
NR 668.48, Table UTS that are reasonably expected to be present in any given volume of contaminated soil, except fluoride, selenium, sulfides, vanadium, and zinc, and that are present at concentrations greater than ten times the universal treatment standard. PCBs are not a constituent subject to treatment in any given volume of soil which exhibits the toxicity characteristic solely because of the presence of metals.
NR 668.49(5)
(5) Treatment residuals from treating contaminated soil identified by sub.
(1) as needing to comply with LDRs shall be managed as follows:
NR 668.49(5)(a)
(a) Soil residuals are subject to the treatment standards of this section.
