Chapter NR 660

Chapter NR 660

HAZARDOUS WASTE MANAGEMENT: GENERAL

Subchapter A — General

NR 660.01   Purpose, scope and applicability.

NR 660.02   Availability of information and confidentiality of information.

NR 660.04   Manifest copy submission requirements for certain interstate waste shipments.

NR 660.05   Applicability of electronic manifest system and user fee requirements to facilities receiving state-only regulated waste shipments.

NR 660.07   Notification of hazardous waste activities.

Subchapter B — Definitions

NR 660.10   Definitions.

NR 660.11   Incorporation by reference.

Subchapter C — Rulemaking Petitions

NR 660.20   General.

NR 660.21   Petitions for equivalent testing or analytical methods.

NR 660.22   Petitions to amend ch. NR 661 to exclude a waste produced at a particular facility.

NR 660.23   Petitions to amend ch. NR 673 to include additional hazardous wastes.

NR 660.30   Non-waste determinations and variances from classification as a solid waste.

NR 660.31   Standards and criteria for variances from classification as a solid waste.

NR 660.32   Variances to be classified as a boiler.

NR 660.33   Procedures for variances from classification as a solid waste or to be classified as a boiler, or applications for non-waste determinations.

NR 660.34   Standards and criteria for non-waste determinations.

NR 660.40   Additional regulation of certain hazardous waste recycling activities on a case-by-case basis.

NR 660.41   Procedures for case-by-case regulation of hazardous waste recycling activities.

NR 660.42   Notification requirement for hazardous secondary material.

NR 660.43   Legitimate recycling of hazardous secondary material.

subch. A of ch. NR 660 Subchapter A — General

NR 660.01 NR 660.01 Purpose, scope and applicability.

NR 660.01(1) (1) This chapter provides definitions of terms, general standards and overview information applicable to chs. NR 660 to 679.

NR 660.01(2) (2) In this chapter:

NR 660.01(2)(a) (a) Section NR 660.02 sets forth the rules that the department will use in making information it receives available to the public and sets forth the requirements that generators, transporters, or owners or operators of treatment, storage or disposal facilities shall follow to assert claims of business confidentiality with respect to information that is submitted to the department under chs. NR 660 to 679.

NR 660.01(2)(c) (c) Section NR 660.10 defines terms which are used in chs. NR 660 to 679.

NR 660.01(2)(d) (d) Section NR 660.20 establishes procedures for petitioning the department to amend, modify or revoke any provision of chs. NR 660 to 679 and establishes procedures governing the department’s action on the petitions.

NR 660.01(2)(e) (e) Section NR 660.21 establishes procedures for petitioning the department to approve testing methods as equivalent to those prescribed in ch. NR 661, 664 or 665.

NR 660.01(2)(f) (f) Section NR 660.22 references procedures for petitioning EPA to amend subch. D of ch. NR 661 to exclude a waste from a particular facility.

NR 660.01 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 660.02 NR 660.02 Availability of information and confidentiality of information.

NR 660.02(1) (1) Any information provided to or obtained by the department under chs. NR 660 to 679 in the administration of s. 287.15 or 299.53, Stats., or ch. 291, Stats., will be made available to the public to the extent and in the manner authorized by ss. 19.31 to 19.39, Stats., and s. NR 2.195.

NR 660.02(2) (2) Except as provided under subs. (3) and (4), any person who submits information to the department according to chs. NR 660 to 679 may seek confidential status for part or all of that information, except emission data, by following the procedures set forth in s. 291.15 or 299.55, Stats., and s. NR 2.19. Information granted confidential status will be disclosed by the department only to the extent, and by means of the procedures, set forth in s. 291.15 or 299.55, Stats., and s. NR 2.19. However, if no application for confidential status accompanies the information when it is received by the department, it may be made available to the public without further notice to the person submitting it.

NR 660.02(3) (3) 

NR 660.02(3)(a) (a) Manifest claim of confidential status. No claim of confidential status may be asserted by any person with respect to information entered on a hazardous waste manifest, EPA Form 8700-22; a hazardous waste manifest continuation sheet, EPA Form 8700-22A; or an electronic manifest format that may be prepared and used in accordance with s. NR 662.020 (1) (c).

NR 660.02(3)(b) (b) Availability of manifest. EPA will make any electronic manifest that is prepared and used in accordance with s. NR 662.020 (1) (c), or any paper manifest that is submitted to the system under s. NR 664.0071 or 665.0071 available to the public under this section when the electronic or paper manifest becomes a complete and final document.  Electronic manifests and paper manifests submitted to the system are considered by EPA and the department to be complete and final documents and publicly available information after 90 days have passed since the delivery to the designated facility of the hazardous waste shipment identified in the manifest.

NR 660.02(4) (4) 

NR 660.02(4)(a) (a) After June 26, 2018, no claim of business confidentiality may be asserted by any person with respect to information contained in cathode ray tube export documents prepared, used, and submitted under ss. NR 661.0039 (1) (e) and 661.0041 (1), and with respect to information contained in hazardous waste export, import, and transit documents prepared, used, and submitted under ss. NR 662.082, 662.083, 662.084, 663.20, 664.0012, 664.0071, 665.0012, 665.0071, and 667.0071, whether submitted electronically into EPA’s waste import export tracking system, or its successor or in paper format.

NR 660.02(4)(b) (b) EPA will make any cathode ray tube export documents prepared, used, and submitted under ss. NR 661.0039 (1) (e) and 661.0041(1), and any hazardous waste export, import, and transit documents prepared, used, and submitted under ss. NR 662.082, 662.083, 662.084, 663.20, 664.0012, 664.0071, 665.0012, 665.0071, and 667.0071 available to the public under this section when these electronic or paper documents are considered by EPA to be complete and final documents. These submitted electronic and paper documents related to hazardous waste exports, imports and transits, and cathode ray tube exports are considered by EPA to be final documents on March 1 of the calendar year after the related cathode ray tube exports or hazardous waste exports, imports, or transits occur.

NR 660.02 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: r. (1) (title), am. (2), cr. (3), (4) Register August 2020 No. 776, eff. 9-1-20.

NR 660.04 NR 660.04 Manifest copy submission requirements for certain interstate waste shipments.

NR 660.04(1) (1) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall do all of the following, regardless of the state in which the facility is located:

NR 660.04(1)(a) (a) Complete the facility portion of the applicable manifest.

NR 660.04(1)(b) (b) Sign and date the facility certification.

NR 660.04(1)(c) (c) Submit to the e-manifest system a final copy of the manifest for data processing purposes.

NR 660.04(1)(d) (d) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of 40 CFR 264.

NR 660.04 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 660.05 NR 660.05 Applicability of electronic manifest system and user fee requirements to facilities receiving state-only regulated waste shipments.

NR 660.05(1) (1) In this section, “state-only regulated waste” means any of the following:

NR 660.05(1)(a) (a) A non-RCRA waste that a state regulates more broadly under its state regulatory program.

NR 660.05(1)(b) (b) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

NR 660.05(2) (2) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall do all of the following: