NR 661.0001(2)(b)(b) This chapter identifies only some of the materials that are solid wastes and hazardous wastes for the purposes of ss. 291.15, 291.85, 291.91, and 291.93, Stats., and 42 USC 6927, 6934, and 6973 (a). A material that is not defined as a solid waste in this chapter, or is not a hazardous waste identified or listed in this chapter, is still a solid waste and a hazardous waste for the purposes of those provisions if any of the following are met: NR 661.0001(2)(b)1.1. In the case of ss. 291.15, 291.91, and 291.93, Stats., or 42 USC 6927 and 6934, the department or EPA has reason to believe that the material may be a solid waste within the meaning of s. 289.01 (33), Stats., and section 1004 (27) of RCRA, or a hazardous waste within the meaning of s. 291.01 (7), Stats., and section 1004 (5) of RCRA. NR 661.0001(3)(a)(a) “Spent material” means any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without processing. NR 661.0001(3)(c)(c) “By-product” means a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples of by-products are process residues such as slags or distillation column bottoms. “By-product” does not include a co-product that is produced for the general public’s use and is ordinarily used in the form it is produced by the process. NR 661.0001(3)(d)(d) “Reclaimed” means a material that has been processed to recover a usable product or that has been regenerated. Examples of “reclaimed material” are recovery of lead values from spent batteries, regeneration of spent solvents, and, for the purposes of s. NR 661.0004 (1) (w) and (x), smelting, melting, and refining furnaces solely engaged in metals reclamation if the metal recovery from the hazardous secondary material meets the requirements specified for metals recovery from hazardous waste found in ss. NR 666.100 (4) (a) to (c), and if the residuals meet the requirements specified in s. NR 666.112. NR 661.0001(3)(e)1.1. Employed as an ingredient, including use as an intermediate, in an industrial process to make a product, such as distillation bottoms from one process used as feedstock in another process. However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products, as when metals are recovered from metal-containing secondary material. NR 661.0001(3)(e)2.2. Employed in a particular function or application as an effective substitute for a commercial product, such as spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment. NR 661.0001(3)(f)(f) “Scrap metal” means bits and pieces of metal parts, such as bars, turnings, rods, sheets, wire, or metal pieces that may be combined together with bolts or soldering, such as radiators, scrap automobiles, or railroad box cars, which when worn or superfluous, can be recycled. NR 661.0001(3)(h)(h) “Accumulated speculatively” means a material that is accumulated before being recycled. NR 661.0001(3)(h)1.1. A material is not accumulated speculatively if the person accumulating it can show all of the following: NR 661.0001(3)(h)1.a.a. The material is potentially recyclable and has a feasible means of being recycled. NR 661.0001(3)(h)1.b.b. During the calendar year commencing on January 1, the amount of material that is recycled, or transferred to a different site for recycling, equals at least 75 percent by weight or volume of the amount of that material accumulated at the beginning of the period. NR 661.0001(3)(h)2.2. Materials that are accumulated speculatively shall be placed in a storage unit with a label indicating the first date that the material began to be accumulated. If placing a label on the storage unit is not practicable, the accumulation period shall be documented through an inventory log or other appropriate method. NR 661.0001(3)(h)3.3. In calculating the percentage of turnover for materials that are accumulated speculatively, the 75 percent requirement shall be applied to each material of the same type, such as slags from a single smelting process, that is recycled in the same way. Materials accumulating in units that are exempt from regulation under s. NR 661.0004 (3) may not be included in making the calculation. NR 661.0001(3)(h)4.4. Materials that are accumulated speculatively that are already defined as solid wastes may not be included in making the calculation. NR 661.0001(3)(h)5.5. Materials that are accumulated speculatively are no longer in this category once they are removed from accumulation for recycling. NR 661.0001(3)(i)(i) “Excluded scrap metal” means processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal. NR 661.0001(3)(j)(j) “Processed scrap metal” means scrap metal that has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes scrap metal that has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type, and, fines, drosses and related materials that have been agglomerated. NR 661.0001 NoteNote: Shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled under s. NR 661.0004 (1) (n). NR 661.0001(3)(k)(k) “Home scrap metal” means scrap metal generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings. NR 661.0001(3)(L)(L) “Prompt scrap metal” means scrap metal generated by the metal working and fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. NR 661.0001 NoteNote: Prompt scrap is also known as industrial or new scrap metal.
NR 661.0001 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (a), (2) (a), (b) (intro.), (3) (c), (h) 1. b. made under s. 35.17, Stats., Register August 2020 No. 776; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784. NR 661.0002(1)(b)(b) “Discarded material” means any material that is one of the following: NR 661.0002(2)(2) Materials are solid wastes if they are abandoned by being any of the following: NR 661.0002(2)(c)(c) Accumulated, stored, or treated, but not recycled, before or in lieu of being abandoned by being disposed of, burned or incinerated. NR 661.0002(3)(3) Materials are solid wastes if they are recycled, or accumulated, stored, or treated before recycling as specified in pars. (a) to (d): NR 661.0002(3)(a)1.1. Materials noted with a “*” in column 1 of Table 1 are solid wastes when they are any of the following: NR 661.0002(3)(a)1.b.b. Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land, in which case the product itself remains a solid waste. NR 661.0002(3)(a)2.2. Commercial chemical products listed in s. NR 661.0033 are not solid wastes if they are applied to the land and that is their ordinary manner of use. NR 661.0002(3)(b)1.1. Materials noted with a “*” in column 2 of Table 1 are solid wastes when they are any of the following: NR 661.0002(3)(b)1.b.b. Used to produce a fuel or are otherwise contained in fuels, in which cases the fuel itself remains a solid waste. NR 661.0002(3)(c)(c) They are reclaimed. Materials noted with a “-” in column 3 of Table 1 are not solid wastes when reclaimed. Materials noted with an “*” in column 3 of Table 1 are solid wastes when reclaimed unless they meet the requirements specified in s. NR 661.0004 (1) (q), (w), (x), or (za). NR 661.0002(3)(d)(d) They are accumulated speculatively. Materials noted with a “*” in column 4 of Table 1 are solid wastes when accumulated speculatively. Table 1
NR 661.0002 NoteNote: The terms “spent materials,” “sludges,” “by-products,” “scrap metal” and “processed scrap metal” are defined in s. NR 661.0001. NR 661.0002(4)(4) All of the following inherently waste-like materials are solid wastes when they are recycled in any manner: NR 661.0002(4)(a)(a) Hazardous waste numbers F020, F021, unless used as an ingredient to make a product at the site of generation, F022, F023, F026, and F028. NR 661.0002(4)(b)(b) Secondary material fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste or are listed as a hazardous waste, as defined in subch. C or D, except for brominated material that meets all of the following criteria: NR 661.0002(4)(b)2.2. The material contains less than a total of 1% of toxic organic compounds listed in Appendix VIII. NR 661.0002(4)(b)3.3. The material is processed continually on-site in the halogen acid furnace via direct conveyance by hard piping. NR 661.0002(4)(c)(c) The department shall use all of the following criteria to add wastes to the inherently waste-like materials list: NR 661.0002(4)(c)1.b.b. The materials contain toxic constituents listed in Appendix VIII and these constituents are not ordinarily found in raw materials or products for which the materials substitute, or are found in raw materials or products in smaller concentrations, and are not used or reused during the recycling process. NR 661.0002(4)(c)2.2. The material may pose a substantial hazard to human health and the environment when recycled. NR 661.0002(5)(a)(a) A material is not a solid waste when it can be shown to be recycled by being one of the following: NR 661.0002(5)(a)1.1. Used or reused as an ingredient in an industrial process to make a product, provided the material is not being reclaimed prior to the use or reuse. NR 661.0002(5)(a)2.2. Used or reused as an effective substitute for commercial products, provided the material is not reclaimed prior to the use or reuse. NR 661.0002(5)(a)3.3. Returned to the original process from which it was generated, without first being reclaimed or land disposed. The material shall be returned as a substitute for feedstock materials. In cases where the original process to which the material is returned is a secondary process, the material shall be managed such that there is no placement on the land. In cases where the material is generated and reclaimed within the primary mineral processing industry, the conditions of the exclusion found at s. NR 661.0004 (1) (q) apply rather than this subsection. NR 661.0002(5)(b)(b) All of the following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process as described in par. (a) 1. to 3.: NR 661.0002(5)(b)1.1. Materials used in a manner constituting disposal or used to produce products that are applied to the land. NR 661.0002(5)(b)2.2. Materials burned for energy recovery, used to produce a fuel, or contained in fuels. NR 661.0002(6)(6) A respondent in an action to enforce ch. 291, Stats., and chs. NR 660 to 667 who raises a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, shall demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In doing so, the respondent shall provide appropriate documentation, such as contracts showing that a second person uses the material as an ingredient in a production process, to demonstrate that the material is not a waste, or is exempt from regulation. In addition, an owner or operator of facilities claiming that they actually are recycling materials shall show that they have the necessary equipment to do so. NR 661.0002(7)(7) A hazardous secondary material found to be sham recycled is considered discarded and a solid waste. “Sham recycling” means recycling that is not legitimate recycling as defined in s. NR 660.43. NR 661.0002 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (intro.), (3) (intro.), (Table 1), (4) (b) made under s. 35.17, Stats., Register August 2020 No. 776. NR 661.0003(1)(b)1.1. It exhibits any of the characteristics of hazardous waste identified in subch. C. However, any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals excluded under s. NR 661.0004 (2) (g) and any other solid waste exhibiting a characteristic of hazardous waste under subch. C is a hazardous waste only if it exhibits a characteristic that would not have been exhibited by the excluded waste alone if such mixture had not occurred, or if it continues to exhibit any of the characteristics exhibited by the non-excluded wastes prior to mixture. Further, for the purposes of applying the Toxicity Characteristic to such mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant listed in Table 2 of s. NR 661.0024 that would not have been exceeded by the excluded waste alone if the mixture had not occurred or if it continues to exceed the maximum concentration for any contaminant exceeded by the nonexempt waste prior to mixture. NR 661.0003(1)(b)4.4. It is a mixture of solid waste and one or more hazardous wastes listed in subch. D and has not been excluded from this paragraph under ss. NR 660.20 and 660.22, or sub. (7) or (8); however, the following mixtures of solid wastes and hazardous wastes listed in subch. D are not hazardous wastes (except by application of subd. 1. or 2.) if the generator can demonstrate that the mixture consists of wastewater discharge subject to regulation under either s. 283.21 (2), 283.31 or 283.33, Stats., (including wastewater at facilities that have eliminated the discharge of wastewater) and one of the following: NR 661.0003(1)(b)4.a.a. One or more of the following spent solvents listed in s. NR 661.0031: benzene, carbon tetrachloride, tetrachloroethylene, trichloroethylene or the scrubber waters derived from the combustion of these spent solvents, provided, that the maximum total weekly usage of these solvents, other than the amounts that can be demonstrated not to be discharged to wastewater, divided by the average weekly flow of wastewater into the headworks of the facility’s wastewater treatment or pretreatment system does not exceed one part per million, or the total measured concentration of these solvents entering the headworks of the facility’s wastewater treatment system, at facilities subject to regulation under the Clean Air Act, as amended, at 40 CFR part 60, 61, or 63, or subject to ch. NR 440, subchs. III and IV of ch. NR 446, or chs. NR 447 to 469, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions, does not exceed one part per million on an average weekly basis. Any facility that uses benzene as a solvent and claims this exemption shall use an aerated biological wastewater treatment system and shall use only lined surface impoundments or tanks prior to secondary clarification in the wastewater treatment system. Facilities that choose to measure concentration levels shall file a copy of their sampling and analysis plan with the department. A facility shall file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility’s operations. The sampling and analysis plan shall include the monitoring point location, headworks, the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the department. The department may reject the sampling and analysis plan if the department finds that the sampling and analysis plan fails to include the above information, or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the department rejects the sampling and analysis plan or if the department finds that the facility is not following the sampling and analysis plan, the department shall notify the facility to cease the use of the direct monitoring option until the bases for rejection are corrected.
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