Chapter NR 660

NR 660.11(8)(g) (g) 40 CFR part 60, Appendix A, Method 2A Direct Measurement of Gas Volume through Pipes and Small Ducts, incorporated by reference for subch. AA of ch. NR 664 and subch. AA of ch. NR 665.

NR 660.11(8)(h) (h) 40 CFR part 60, Appendix A, Method 2C Determination of Gas Velocity and Volumetric Flow Rate in Small Stacks or Ducts (Standard Pitot Tube) incorporated by reference for subch. AA of ch. NR 664 and subch. AA of ch. NR 665.

NR 660.11(8)(i) (i) 40 CFR part 60, Appendix A, Method 2D Measurement of Gas Volume Flow Rates in Small Pipes and Ducts, incorporated by reference for subch. AA of ch. NR 664 and subch. AA of ch. NR 665.

NR 660.11(8)(j) (j) 40 CFR part 60, Appendix A, Method 3 Gas Analysis for the Determination of Dry Molecular Weight, incorporated by reference for subch. O of ch. NR 664 and ch. NR 666 Appendix IX.

NR 660.11(8)(k) (k) 40 CFR part 60, Appendix A, Method 3A, Determination of Oxygen and Carbon Dioxide Concentrations in Emissions from Stationary Sources (Instrumental Analyzer Procedure), incorporated by reference for ch. NR 666 Appendix IX.

NR 660.11(8)(L) (L) 40 CFR part 60, Appendix A, Method 10 Determination of Carbon Monoxide Emissions from Stationary Sources, incorporated by reference for ch. NR 666 Appendix IX.

NR 660.11(8)(m) (m) 40 CFR part 60, Appendix A, Method 10A Determination of Carbon Monoxide Emissions in Certifying Continuous Emission Monitoring Systems at Petroleum Refineries, incorporated by reference for ch. NR 666 Appendix IX.

NR 660.11(8)(n) (n) 40 CFR part 60, Appendix A, Method 10B Determination of Carbon Monoxide Emissions from Stationary Sources, incorporated by reference for ch. NR 666 Appendix IX.

NR 660.11(8)(o) (o) 40 CFR part 60, Appendix A, Method 18 Measurement of Gaseous Organic Compound Emissions by Gas Chromatography, incorporated by reference for subch. AA of ch. NR 664 and subch. AA of ch. NR 665.

NR 660.11(8)(p) (p) 40 CFR part 60, Appendix A, Method 21 Determination of Volatile Organic Compounds Leaks, incorporated by reference for subchs. AA, BB, and CC of ch. NR 664 and subchs. AA, BB, and CC of ch. NR 665.

NR 660.11(8)(q) (q) 40 CFR part 60, Appendix A, Method 22 Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares, incorporated by reference for subchs. AA and DD of ch. NR 664 and subchs. AA and DD of ch. NR 665.

NR 660.11(8)(r) (r) 40 CFR part 60, Appendix A, Method 25D Determination of the Volatile Organic Concentration of Waste Samples, incorporated by reference for subch. CC of ch. NR 664 and subch. CC of ch. NR 665.

NR 660.11(8)(s) (s) 40 CFR part 60, Appendix A, Method 25E Determination of Vapor Phase Organic concentration in Waste Samples, incorporated by reference for subch. CC of ch. NR 665.

NR 660.11(8)(t) (t) 40 CFR part 60, Appendix A, Method 27 Determination of Vapor Tightness of Gasoline Delivery Tank using Pressure-Vacuum Test, incorporated by reference for subch. CC of ch. NR 664.

NR 660.11(8)(u) (u) 40 CFR part 63, Appendix A, Method 301 Field Validation of Pollutant Measurement Methods from Various Waste Media, incorporated by reference for subch. CC of ch. NR 665.

NR 660.11(8)(v) (v) 40 CFR part 63, Appendix C Determination of the Fraction Biodegraded (Fbio) in a Biological Treatment Unit, incorporated by reference for subch. CC of ch. NR 665.

NR 660.11(8)(w) (w) 40 CFR part 63, Appendix D Alternative Validation Procedure for EPA Waste and Wastewater Methods, incorporated by reference for subch. CC of ch. NR 665.

NR 660.11(8)(x) (x) 40 CFR part 136, Appendix A, Method 624 Purgeables, incorporated by reference for subch. CC of ch. NR 665.

NR 660.11(8)(y) (y) 40 CFR part 136, Appendix A, Method 625 Base/Neutrals and Acids, incorporated by reference for subch. CC of ch. NR 665.

NR 660.11(8)(z) (z) 40 CFR part 136, Appendix A, Method 1624 Volatile Organic Compounds by Isotope Dilution GC/MS, incorporated by reference for subch. CC of ch. NR 665.

NR 660.11(8)(za) (za) 40 CFR part 136, Appendix A, Method 1625 Semivolatile Organic Compounds by Isotope Dilution GC/MS, incorporated by reference for subch. CC of ch. NR 665.

NR 660.11(8)(zb) (zb) 40 CFR 52.741, Appendix B, Method 204 Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure, incorporated by reference for ss. NR 661.1084 (9), 661.1086 (5), 661.1089 (2), 661.1089 (4), 670.027 (1), and 670.315 (3).

NR 660.11(9) (9) The 1987 Standard Industrial Classification (SIC) is available from the Occupational Safety and Health Administration, 200 Constitution Ave NW, Washington, DC 20210, [phone], www.osha.gov, incorporated by reference for ss. NR 661.0003 (3), 661.0004 (1), 661.0032, 668.40, 670.013 (3), and 679.01 (8).

NR 660.11(10) (10) The 2017 North American Industry Classification System (NAICS code) is available from the United States Census Bureau, 4600 Silver Hill Road, Washington, DC 20233, [phone], www.census.gov, incorporated by reference for ss. NR 661.0004 (1), 662.203 (2), and 662.204 (2).

NR 660.11(11) (11) 40 CFR parts 704, 710, and 711, Chemical Data Reporting Rule of the Toxic Substances Control Act, incorporated by reference for s. NR 661.0004 (1).

NR 660.11(12) (12) References to citations of federal statutes and regulations shall also include any applicable Wisconsin requirements.

NR 660.11 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (5) (o) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: r. and recr. Register July 2017 No. 739, eff. 8-1-17; correction in (2) (intro.), (p) to (r), (3) (intro.), (b) (intro.), (4) (intro.), (a), (5) (intro.), (6) (intro.), (7) (intro.), (8) (intro.), (a), (b), (d), (f) to (h), (j), (p) to (za) made under s. 35.17, Stats., and correction in (3) (b) 1., (4) (a) made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739; CR 19-082: am. (2) (a), (f), (3) (b) 1., 8., 11., (4) (a), cr. (5) (b), (c), am. (7) (intro.), r. and recr. (7) (a), cr. (8) (zb), (9) to (12) Register August 2020 No. 776, eff. 9-1-20; correction in (4) (a), (8) (zb) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (4) (a), (7) (a) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

subch. C of ch. NR 660 Subchapter C — Rulemaking Petitions

NR 660.20 NR 660.20 General. As provided under s. 227.12, Stats., and ch. NR 2, a person may petition the department to modify or revoke any provision in chs. NR 660 to 673. Section NR 660.21 sets forth additional requirements for petitions to add a testing or analytical method to ch. NR 661, 664 or 665. Section NR 660.22 references petitions to EPA to exclude a waste or waste-derived material at a particular facility from s. NR 661.0003 or the lists of hazardous wastes in subch. D of ch. NR 661. Section NR 660.23 sets forth additional requirements for petitions to amend ch. NR 673 to include additional hazardous wastes or categories of hazardous waste as universal waste.

NR 660.20 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. Register August 2020 No. 776, eff. 9-1-20; renum. from (1) under s. 13.92 (4) (b) 1., Stats., Register August 2020 No. 776.

NR 660.21 NR 660.21 Petitions for equivalent testing or analytical methods.

NR 660.21(1) (1) Any person seeking to add a testing or analytical method to ch. NR 661, 664 or 665 may petition for a rule amendment under this section and s. NR 660.20. To be successful, the person shall demonstrate to the satisfaction of the department that the proposed method is equal to or superior to the corresponding method prescribed in ch. NR 661, 664 or 665, in terms of its sensitivity, accuracy and precision (i.e., reproducibility).

NR 660.21(2) (2) Each petition shall include all of the following, in addition to the information required by s. NR 660.20:

NR 660.21(2)(a) (a) A full description of the proposed method, including all procedural steps and equipment used in the method.

NR 660.21(2)(b) (b) A description of the types of wastes or waste matrices for which the proposed method may be used.

NR 660.21(2)(c) (c) Comparative results obtained from using the proposed method with those obtained from using the relevant or corresponding methods prescribed in ch. NR 661, 664 or 665.

NR 660.21(2)(d) (d) An assessment of any factors which may interfere with, or limit the use of, the proposed method.

NR 660.21(2)(e) (e) A description of the quality control procedures necessary to ensure the sensitivity, accuracy and precision of the proposed method.

NR 660.21(3) (3) After receiving a petition for an equivalent method, the department may request any additional information on the proposed method which the department may reasonably require to evaluate the method.

NR 660.21(4) (4) If the department amends the rules to permit use of a new testing method, the method will be incorporated in “Test Methods for the Evaluation of Solid Waste: Physical/Chemical Methods,” SW-846, incorporated by reference in s. NR 660.11.

NR 660.21 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 660.22 NR 660.22 Petitions to amend ch. NR 661 to exclude a waste produced at a particular facility. Any person seeking to exclude a waste at a particular generating facility from the lists in subch. D of ch. NR 661 may petition the EPA region 5 administrator for a regulatory amendment under 40 CFR 260.20 and 260.22. The department shall recognize an EPA granted delisting unless the department clearly establishes that a delisting would threaten human health or the environment.

NR 660.22 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

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

NR 660.23(1) (1) Any person seeking to add a hazardous waste or a category of hazardous waste to the universal waste rules in ch. NR 673 may petition for a rule amendment under this section, s. NR 660.20, and subch. G of ch. NR 673.

NR 660.23(2) (2) To be successful, the petitioner shall demonstrate to the satisfaction of the department that regulation under the universal waste rules in ch. NR 673 is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste and will improve implementation of the hazardous waste program. The petition shall include the information required by this section. The petition should also address as many of the factors listed in s. NR 673.81 as are appropriate for the waste or category of waste addressed in the petition.

NR 660.23(3) (3) The department shall grant or deny a petition using the factors listed in s. NR 673.81. The decision will be based on the weight of evidence showing that regulation under ch. NR 673 is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste, and will improve implementation of the hazardous waste program.

NR 660.23(4) (4) The department may request additional information needed to evaluate the merits of the petition.

NR 660.23 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 660.30 NR 660.30 Non-waste determinations and variances from classification as a solid waste. According to the standards and criteria in ss. NR 660.31 and NR 660.34 and the procedures in s. NR 660.33, the department may determine on a case-by-case basis that all of the following recycled materials are not solid wastes:

NR 660.30(1) (1) Materials that are accumulated speculatively without sufficient amounts being recycled (as defined in s. NR 661.0001 (3) (h)).

NR 660.30(2) (2) Materials that are reclaimed and then reused within the original production process in which they were generated.

NR 660.30(3) (3) Materials that have been reclaimed but shall be reclaimed further before the materials are completely recovered.

NR 660.30(4) (4) Hazardous secondary materials that are reclaimed in a continuous industrial process.

NR 660.30(5) (5) Hazardous secondary materials that are indistinguishable in all relevant aspects from a product or intermediate.

NR 660.30 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (intro.), (1), cr. (4), (5) Register August 2020 No. 776, eff. 9-1-20; correction in (4), (5) made under s. 35.17, Stats., Register August 2020 No. 776.

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

NR 660.31(1) (1) The department may grant requests for a variance from classifying as a solid waste those materials that are accumulated speculatively without sufficient amounts being recycled if the applicant demonstrates that sufficient amounts of the material will be recycled or transferred for recycling in the following year. If a variance is granted, it is valid only for the following year, but can be renewed, on an annual basis, by filing a new application. The department’s decision will be based on all of the following criteria:

NR 660.31(1)(a) (a) The manner in which the material is expected to be recycled, when the material is expected to be recycled, and whether this expected disposition is likely to occur (for example, because of past practice, market factors, the nature of the material or contractual arrangements for recycling).

NR 660.31(1)(b) (b) The reason that the applicant has accumulated the material for one or more years without recycling 75% of the volume accumulated at the beginning of the year.

NR 660.31(1)(c) (c) The quantity of material already accumulated and the quantity expected to be generated and accumulated before the material is recycled.

NR 660.31(1)(d) (d) The extent to which the material is handled to minimize loss.

NR 660.31(1)(e) (e) Other relevant factors.

NR 660.31(2) (2) The department may grant requests for a variance from classifying as a solid waste those materials that are reclaimed and then reused as feedstock within the original production process in which the materials were generated if the reclamation operation is an essential part of the production process. This determination will be based on all of the following criteria:

NR 660.31(2)(a) (a) How economically viable the production process would be if it were to use virgin materials, rather than reclaimed materials.

NR 660.31(2)(b) (b) The extent to which the material is handled before reclamation to minimize loss.

NR 660.31(2)(c) (c) The time periods between generating the material and its reclamation, and between reclamation and return to the original primary production process.

NR 660.31(2)(d) (d) The location of the reclamation operation in relation to the production process.

NR 660.31(2)(e) (e) Whether the reclaimed material is used for the purpose for which it was originally produced when it is returned to the original process, and whether it is returned to the process in substantially its original form.

NR 660.31(2)(f) (f) Whether the person who generates the material also reclaims it.

NR 660.31(2)(g) (g) Other relevant factors.

NR 660.31(3) (3) The department may grant a request for a variance from classifying as a solid waste those hazardous secondary materials that have been partially reclaimed, but must be reclaimed further before recovery is completed, if the partial reclamation has produced a commodity-like material. A determination that a partially reclaimed material for which the variance is sought is commodity-like will be based on whether the hazardous secondary material is legitimately recycled as specified in s. NR 660.43 and on whether all of the following decision criteria are satisfied:

NR 660.31(3)(a) (a) The degree of partial reclamation the material has undergone is substantial as demonstrated by using a partial reclamation process other than the process that generated the hazardous waste.

NR 660.31(3)(b) (b) The partially reclaimed material has sufficient economic value that it will be purchased for further reclamation.

NR 660.31(3)(c) (c) The partially reclaimed material is a viable substitute for a product or intermediate produced from virgin or raw materials that is used in subsequent production steps.

NR 660.31(3)(d) (d) There is a market for the partially reclaimed material as demonstrated by known customers who are further reclaiming the material, such as records of sales or contracts and evidence of subsequent use, such as bills of lading.

NR 660.31(3)(e) (e) The partially reclaimed material is handled to minimize loss

NR 660.31(3)(f) (f) Other relevant factors.

NR 660.31 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: r. (2) (b), renum. (2) (c) to (h) to (2) (b) to (g) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (3) (intro.), (a), (b), r. and recr. (3) (c), (d), am. (3) (e) Register August 2020 No. 776, eff. 9-1-20; correction in (3) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 660.32 NR 660.32 Variances to be classified as a boiler. According to the standards and criteria in s. NR 660.10 (definition of “boiler”), and the procedures in s. NR 660.33, the department may determine on a case-by-case basis that certain enclosed devices using controlled flame combustion are boilers, even though they do not otherwise meet the definition of boiler contained in s. NR 660.10, after considering all of the following criteria:

NR 660.32(1) (1) The extent to which the unit has provisions for recovering and exporting thermal energy in the form of steam, heated fluids or heated gases.

NR 660.32(2) (2) The extent to which the combustion chamber and energy recovery equipment are of integral design.

NR 660.32(3) (3) The efficiency of energy recovery, calculated in terms of the recovered energy compared with the thermal value of the fuel.

NR 660.32(4) (4) The extent to which exported energy is utilized.

NR 660.32(5) (5) The extent to which the device is in common and customary use as a “boiler” functioning primarily to produce steam, heated fluids or heated gases.

NR 660.32(6) (6) Other factors, as appropriate.

NR 660.32 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 660.33 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. The department will use all of the following procedures in evaluating applications for variances from classification as a solid waste or applications to classify particular enclosed controlled flame combustion devices as boilers, or applications for non-waste determinations:

NR 660.33(1) (1) The applicant shall apply to the department for the variance. The application shall address the relevant criteria contained in s. NR 660.31, 660.32, or 660.34, as applicable.