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 660.11 Incorporation by reference. Subchapter C — Rulemaking Petitions
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. NR 660.01NR 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)(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)(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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 660.02NR 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)(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)(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 HistoryHistory: 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 660.04NR 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)(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 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20. NR 660.05NR 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: NR 660.05(2)(b)(b) 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 part 264. NR 660.05 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (intro.) made under s. 35.17, Stats., Register August 2020 No. 776. NR 660.07NR 660.07 Notification of hazardous waste activities. NR 660.07(1)(1) New activities. Any person who generates or transports hazardous waste, or owns or operates a facility for the treatment, storage or disposal of hazardous waste, shall notify the department of the activities using EPA Form 8700-12. NR 660.07(2)(2) Existing activities. Any person who, after the effective date of a rule that makes the person subject to regulation under chs. NR 660 to 679, generates or transports hazardous waste, or owns or operates a facility for the treatment, storage or disposal of hazardous waste shall notify the department of the activities using EPA form 8700-12 within 90 days of the effective date of the rule, unless the person has previously notified EPA or the department. NR 660.07(3)(3) Separate forms. A separate EPA notification form shall be submitted to the department for each generation site, transportation service and hazardous waste facility. NR 660.07 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 660.10NR 660.10 Definitions. Terms not defined in this section or elsewhere in chs. NR 660 to 679 have the meanings given them in ch. 291, Stats. When used in chs. NR 660 to 679, the following terms have the following meanings: NR 660.10(1)(1) “Above ground tank” means a device meeting the definition of “tank” in this section and that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank (including the tank bottom) is able to be visually inspected. NR 660.10(2)(2) “Active life” of a facility means the period from the initial receipt of hazardous waste at the facility until the department receives certification of final closure. NR 660.10(3)(3) “Active portion” means that portion of a facility where treatment, storage or disposal operations are being or have been conducted after August 1, 2006 and which is not a closed portion. NR 660.10 NoteNote: See also “closed portion” and “inactive portion.”
NR 660.10(3p)(3p) “AES filing compliance date” means the date that EPA announces in the Federal Register, on or after which exporters of hazardous waste and exporters of cathode ray tubes for recycling are required to file EPA information in the Automated Export System or its successor system, under the International Trade Data System, ITDS, platform. NR 660.10(3t)(3t) “Airbag waste” means any hazardous waste airbag module or hazardous waste airbag inflator. NR 660.10(3w)(3w) “Airbag waste collection facility” means any facility that receives airbag waste from an airbag waste handler subject to regulation under s. NR 661.0004 (10), and accumulates the waste for more than 10 days. NR 660.10(3y)(3y) “Airbag waste handler” means any person, by site, who generates airbag waste that is subject to regulation under this chapter. NR 660.10(4)(4) “Ancillary equipment” means any device including, but not limited to, such devices as piping, fittings, flanges, valves and pumps, that is used to distribute, meter or control the flow of hazardous waste from its point of generation to a storage or treatment tank or tanks, between hazardous waste storage and treatment tanks to a point of disposal onsite, or to a point of shipment for disposal off-site. NR 660.10(5)(5) “Aquifer” means a geologic formation, group of formations or part of a formation capable of yielding a significant amount of ground water to wells or springs. NR 660.10(6)(6) “Authorized representative” means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility. NR 660.10(7)(7) “Battery” means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed. NR 660.10(8)(8) “Boiler” means an enclosed device using controlled flame combustion and having all of the characteristics in par. (a) or the characteristic in par. (b): NR 660.10(8)(a)1.1. The unit shall have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids or heated gases. NR 660.10(8)(a)2.2. The unit’s combustion chamber and primary energy recovery sections shall be of integral design. To be of integral design, the combustion chamber and the primary energy recovery sections (such as waterwalls and superheaters) shall be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery sections are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units. NR 660.10(8)(a)3.3. While in operation, the unit shall maintain a thermal energy recovery efficiency of at least 60%, calculated in terms of the recovered energy compared with the thermal value of the fuel. NR 660.10(8)(a)4.4. The unit shall export and utilize at least 75% of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps).
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