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). NR 660.10(8)(b)(b) The unit is one which the department has determined, on a case-by-case basis, to be a boiler, after considering the standards in s. NR 660.32. NR 660.10(9)(9) “Carbon regeneration unit” means any enclosed thermal treatment device used to regenerate spent activated carbon. NR 660.10(9m)(9m) “Cathode ray tube” or “CRT” means a vacuum tube, composed primarily of glass, which is the visual or video display component of an electronic device. A used, intact CRT means a CRT whose vacuum has not been released. A used, broken CRT means glass removed from its housing or casing whose vacuum has been released. NR 660.10(9t)(9t) “Central accumulation area” means any on-site hazardous waste accumulation area with hazardous waste accumulating in units subject to either s. NR 662.016 for small quantity generators or s. NR 662.017 for large quantity generators. A central accumulation area at an eligible academic entity that chooses to operate is also subject to s. NR 662.211 when accumulating unwanted material or hazardous waste. NR 660.10(10)(10) “Certification” means a statement of professional opinion based upon knowledge and belief. NR 660.10(11)(11) “Closed portion” means that portion of a facility which an owner or operator has closed according to the approved facility closure plan and all applicable closure requirements. NR 660.10 NoteNote: See also “active portion” and “inactive portion.”
NR 660.10(12)(12) “Component” means either the tank or ancillary equipment of a tank system. NR 660.10(13)(13) “Confined aquifer” means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water. NR 660.10(13m)(13m) “Contained” means held in a unit, including a land-based unit as defined in this subchapter, that meets all of the following criteria: NR 660.10(13m)(a)(a) The unit is in good condition, with no leaks or other continuing or intermittent unpermitted releases of the hazardous secondary material to the environment, and is designed, as appropriate for the hazardous secondary material, to prevent releases of hazardous secondary material into the environment. Unpermitted releases are releases that are not covered by a permit, such as a permit to discharge to water or air, and may include releases through surface transport by precipitation runoff, releases to soil and groundwater, wind-blown dust, fugitive air emissions, and catastrophic unit failures. NR 660.10(13m)(b)(b) The unit is properly labeled or otherwise has a system, such as a log, to immediately identify the hazardous secondary material in the unit. NR 660.10(13m)(c)(c) The unit holds hazardous secondary material that is compatible with other hazardous secondary material placed in the unit and is compatible with the materials used to construct the unit and addresses any potential risks of fires or explosions. NR 660.10(13m)(d)(d) Hazardous secondary material in units that meet the applicable requirements under chs. NR 664 and 665 are presumptively contained for the purposes of this subsection. NR 660.10(14)(14) “Container” means any portable device in which a material is stored, transported, treated, disposed of or otherwise handled. NR 660.10(16)(16) “Contingency plan” means a document setting out an organized, planned and coordinated course of action to be followed in case of a fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment. NR 660.10(17)(17) “Corrosion expert” means a person who, by reason of the person’s knowledge of the physical sciences and the principles of engineering and mathematics, acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. The person shall be certified as being qualified by the national association of corrosion engineers (NACE) or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks. NR 660.10(18)(18) “Construct” means to engage in a program of on-site construction including but not limited to the erection or building of new structures, replacement, expansion, remodeling, alteration or extension of existing structures, the acquisition and installation of initial equipment associated with the new or expanded, remodeled structures, and site clearing, grading, dredging or landfilling. NR 660.10(19)(19) “Critical habitat” means any habitat determined by the department to be critical to the continued existence of any threatened or endangered species listed in ch. NR 27. NR 660.10(19d)(19d) “CRT collector” means a person who receives used, intact CRTs for recycling, repair, resale, or donation. NR 660.10(19e)(19e) “CRT exporter” means any person in the United States who initiates a transaction to send used CRTs outside the United States or its territories for recycling or reuse, or any intermediary in the United States arranging for such export.
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