Chapter NR 661

NR 661.0011(1) (1) The department shall list a solid waste as a hazardous waste only upon determining that the solid waste meets one of the following criteria:

NR 661.0011(1)(a) (a) It exhibits any of the characteristics of hazardous waste identified in subch. C.

NR 661.0011(1)(b) (b) It has been found to be fatal to humans in low doses or, in the absence of data on human toxicity, it has been shown in studies to have an oral LD 50 toxicity measured in rats of less than 50 milligrams per kilogram, an inhalation LC 50 toxicity measured in rats of less than 2 milligrams per liter, or a dermal LD 50 toxicity in rabbits of less than 200 milligrams per kilogram or is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness. Waste listed in accordance with these criteria will be designated acute hazardous waste.

NR 661.0011(1)(c) (c) It contains any of the toxic constituents listed in ch. NR 661 Appendix VIII and, after considering the following factors, the department concludes that the waste is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed:

NR 661.0011(1)(c)1. 1. The nature of the toxicity presented by the constituent.

NR 661.0011(1)(c)2. 2. The concentration of the constituent in the waste.

NR 661.0011(1)(c)3. 3. The potential of the constituent or any toxic degradation product of the constituent to migrate from the waste into the environment under the types of improper management considered in subd. 7.

NR 661.0011(1)(c)4. 4. The persistence of the constituent or any toxic degradation product of the constituent.

NR 661.0011(1)(c)5. 5. The potential for the constituent or any toxic degradation product of the constituent to degrade into non-harmful constituents and the rate of degradation.

NR 661.0011(1)(c)6. 6. The degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems.

NR 661.0011(1)(c)7. 7. The plausible types of improper management to which the waste could be subjected.

NR 661.0011(1)(c)8. 8. The quantities of the waste generated at individual generation sites or on a regional or national basis.

NR 661.0011(1)(c)9. 9. The nature and severity of the human health and environmental damage that has occurred as a result of the improper management of wastes containing the constituent.

NR 661.0011(1)(c)10. 10. Action taken by other governmental agencies or regulatory programs based on the health or environmental hazard posed by the waste or waste constituent.

NR 661.0011(1)(c)11. 11. Such other factors as may be appropriate. Substances will be listed under ch. NR 661 Appendix VIII only if they have been shown in scientific studies to have toxic, carcinogenic, mutagenic or teratogenic effects on humans or other life forms. Wastes listed in accordance with these criteria will be designated toxic wastes.

NR 661.0011(2) (2) The department may list classes or types of solid waste as hazardous waste if the department has reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste found in s. 291.01 (7), Stats.

NR 661.0011(3) (3) The department will use the criteria for listing specified in this section to establish the exclusion limits referred to in s. NR 662.013 (3).

NR 661.0011 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (c) (intro.), 11. made under s. 35.17, Stats., Register August 2020 No. 776.

subch. C of ch. NR 661 Subchapter C — Characteristics of Hazardous Waste

NR 661.0020 NR 661.0020 General.

NR 661.0020(1) (1) A solid waste, as defined in s. NR 661.0002, that is not excluded from regulation as a hazardous waste under s. NR 661.0004 (2), is a hazardous waste if it exhibits any of the characteristics identified in this subchapter.

NR 661.0020 Note Note: Section NR 662.011 sets forth the generator’s responsibility to determine whether its waste exhibits one or more of the characteristics identified in this subchapter.

NR 661.0020(2) (2) A hazardous waste that is identified by a characteristic in this subchapter is assigned every EPA hazardous waste number that is applicable as set forth in this subchapter. This number shall be used in complying with the notification requirements under s. NR 660.07 and all applicable recordkeeping and reporting requirements under chs. NR 662 to 665, 668, and 670.

NR 661.0020(3) (3) For the purposes of this subchapter, the department will consider a sample obtained using any of the applicable sampling methods specified in ch. NR 661 Appendix I to be a representative sample within the meaning specified in ch. NR 660.10 (101).

NR 661.0020 Note Note: Since ch. NR 661 Appendix I sampling methods are not being adopted by the department, a person who desires to employ an alternative sampling method is not required to demonstrate the equivalency of the method under the procedures set forth in ss. NR 660.20 and 660.21.

NR 661.0020 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (3) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 661.0021 NR 661.0021 Characteristic of ignitability.

NR 661.0021(1) (1) A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties:

NR 661.0021(1)(a) (a) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume, and has flash point less than 60°C or 140°F, as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D 93-79 or D 93-80, incorporated by reference in s. NR 660.11, or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D 3278-78, incorporated by reference in s. NR 660.11.

NR 661.0021(1)(b) (b) It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.

NR 661.0021(1)(c) (c) It is a flammable gas as defined in 49 CFR 173.115 (a) and as determined by the test methods described in that regulation or equivalent test methods approved by the department under ss. NR 660.20 and 660.21.

NR 661.0021(1)(d) (d) It is an oxidizer as defined in 49 CFR 173.127 (a) and as determined by the test methods described in that regulation or equivalent test methods approved by the department under ss. NR 660.20 and 660.21.

NR 661.0021(2) (2) A solid waste that exhibits the characteristic of ignitability has the EPA hazardous waste number of D001.

NR 661.0021 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (a) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 661.0022 NR 661.0022 Characteristic of corrosivity.

NR 661.0022(1) (1) A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties:

NR 661.0022(1)(a) (a) It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using Method 9040C in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, as incorporated by reference in s. NR 660.11.

NR 661.0022(1)(b) (b) It is a liquid and corrodes SAE 1020 steel at a rate greater than 6.35 mm per year at a test temperature of 55°C as determined by Method 1110A in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, and as incorporated by reference in s. NR 660.11.

NR 661.0022(2) (2) A solid waste that exhibits the characteristic of corrosivity has the EPA hazardous waste number of D002.

NR 661.0022 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.0023 NR 661.0023 Characteristic of reactivity.

NR 661.0023(1) (1) A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties:

NR 661.0023(1)(a) (a) It is normally unstable and readily undergoes violent change without detonating.

NR 661.0023(1)(b) (b) It reacts violently with water.

NR 661.0023(1)(c) (c) It forms potentially explosive mixtures with water.

NR 661.0023(1)(d) (d) When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.

NR 661.0023(1)(e) (e) It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.

NR 661.0023(1)(f) (f) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.

NR 661.0023(1)(g) (g) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.

NR 661.0023(1)(h) (h) It is a forbidden explosive as defined in 49 CFR 173.54, or is a Division 1.1, 1.2 or 1.3 explosive as defined in 49 CFR 173.50 and 173.53, incorporated by reference in s. Trans 326.01.

NR 661.0023(2) (2) A solid waste that exhibits the characteristic of reactivity has the EPA hazardous waste number of D003.

NR 661.0023 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (h) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 661.0024 NR 661.0024 Toxicity characteristic.

NR 661.0024(1) (1) A solid waste, except manufactured gas plant waste, exhibits the characteristic of toxicity if, using the Toxicity Characteristic leaching procedure, test Method 1311 in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, as incorporated by reference in s. NR 660.11, the extract from a representative sample of the waste contains any of the contaminants listed in Table 2 at the concentration equal to or greater than the respective value given in that table. Where the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in Method 1311, is considered to be the extract for the purpose of this section.

NR 661.0024(2) (2) A solid waste that exhibits the characteristic of toxicity has the EPA hazardous waste number specified in Table 1 which corresponds to the toxic contaminant causing it to be hazardous.

Table 1

Maximum Concentration of Contaminants for the Toxicity Characteristic

1Hazardous waste number.

2Chemical abstracts service number.

3If o-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol, D026, concentration is used. The regulatory level of total cresol is 200 mg/l.

4Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory level.

NR 661.0024 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

subch. D of ch. NR 661 Subchapter D — Lists of Hazardous Wastes

NR 661.0030 NR 661.0030 General.

NR 661.0030(1) (1) A solid waste is a hazardous waste if it is listed in this subchapter, unless it has been excluded from this list under ss. NR 660.20 and 660.22.

NR 661.0030(2) (2) The department will indicate the department’s basis for listing the classes or types of wastes listed in this subchapter by employing one or more of the following hazard codes:

NR 661.0030 Note Note: Chapter NR 661 Appendix VII identifies the constituent that caused the department to list the waste as a Toxicity Characteristic waste by the letter ‘E’ or toxic waste by the letter ‘T’ in ss. NR 661.0031 and 661.0032.

NR 661.0030(3) (3) Each hazardous waste listed in this subchapter is assigned an EPA hazardous waste number that precedes the name of the waste. This number shall be used in complying with the notification requirements under s. NR 660.07 and certain recordkeeping and reporting requirements under chs. NR 662 to 670.

NR 661.0030(4) (4) The following hazardous wastes listed in s. NR 661.0031 are subject to the exclusion limits for acutely hazardous wastes established in s. NR 662.013: EPA hazardous wastes numbers F020, F021, F022, F023, F026 and F027.

NR 661.0030 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.0031 NR 661.0031 Hazardous wastes from non-specific sources.

NR 661.0031(1) (1) Listed hazardous waste from non-specific sources. The following solid wastes are listed hazardous wastes from non-specific sources unless they are excluded under ss. NR 660.20 and 660.22 and listed in 40 CFR part 261, Appendix IX:

NR 661.0031(2) (2) Listing specific definitions.

NR 661.0031(2)(a) (a) For the purposes of the F037 and F038 listings, oil or water or solids is defined as any combination of oil, water, or solids.

NR 661.0031(2)(b) (b)

NR 661.0031(2)(b)1. 1. For the purposes of the F037 and F038 listings, aggressive biological treatment units are defined as units which employ one of the following 4 treatment methods: activated sludge; trickling filter; rotating biological contactor for the continuous accelerated biological oxidation of wastewaters; or high-rate aeration. High-rate aeration is a system of surface impoundments or tanks, in which intense mechanical aeration is used to completely mix the wastes, enhance biological activity, and the units employ a minimum of 6 hp per million gallons of treatment volume; and either the hydraulic retention time of the unit is no longer than 5 days; or the hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the Toxicity Characteristic.

NR 661.0031(2)(b)2. 2. Generators and treatment, storage and disposal facilities have the burden of proving that their sludges are exempt from listing as F037 and F038 wastes under subd. 1. Generators and treatment, storage and disposal facilities shall maintain, in their operating or other on-site records, documents and data sufficient to prove that the unit is an aggressive biological treatment unit as defined in this subsection; and the sludges sought to be exempted from the definitions of F037 or F038 were generated in the aggressive biological treatment unit.

NR 661.0031(2)(c) (c)

NR 661.0031(2)(c)1. 1. For the purposes of the F037 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement.

NR 661.0031(2)(c)2. 2. For the purposes of the F038 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement and floats are considered to be generated at the moment they are formed in the top of the unit.

NR 661.0031(2)(d) (d) For the purposes of the F019 listing, the following apply to wastewater treatment sludges from the manufacturing of motor vehicles using a zinc phosphating process:

NR 661.0031(2)(d)1. 1. Motor vehicle manufacturing is defined to include the manufacture of automobiles and light trucks or utility vehicles, including light duty vans, pick-up trucks, minivans, and sport utility vehicles. Facilities shall be engaged in manufacturing complete vehicles, body and chassis or unibody, or chassis only.

NR 661.0031(2)(d)2. 2. A generator shall maintain in its on-site records documentation and information sufficient to prove that the wastewater treatment sludges to be exempted from the F019 listing meet the conditions of the listing. These records include all of the following: the volume of waste generated and disposed of off-site; documentation showing when the waste volumes were generated and sent off site; the name and address of the receiving facility; and documentation confirming receipt of the waste by the receiving facility. A generator shall maintain these documents on site for no less than 3 years. The retention period for the documentation is automatically extended during the course of any enforcement action or as requested by the department.

NR 661.0031 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (Table) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 661.0032 NR 661.0032 Hazardous wastes from specific sources.

NR 661.0032(1) (1) Listed hazardous wastes from specific sources. The following solid wastes are listed hazardous wastes from specific sources unless they are excluded under ss. NR 660.20 and 660.22 and listed in 40 CFR part 261, Appendix IX:

NR 661.0032(2) (2) Listing specific definitions. For the purposes of the K181 listing under sub. (3), dyes or pigments production is defined to include manufacture of the following product classes: dyes, pigments, or FDA certified colors that are classified as azo, triarylmethane, perylene or anthraquinone classes. Azo products include azo, monoazo, diazo, triazo, polyazo, azoic, benzidine, and pyrazolone products. Triarylmethane products include both triarylmethane and triphenylmethane products. Wastes that are not generated at a dyes or pigments manufacturing site, such as wastes from the off-site use, formulation, and packaging of dyes or pigments, are not included in the K181 listing.

NR 661.0032(3) (3) K181 listing levels. Nonwastewaters containing constituents in amounts equal to or exceeding the following levels during any calendar year are subject to the K181 listing, unless the conditions in the K181 listing are met.

NR 661.0032(4) (4) Procedures for demonstrating that dyes or pigment nonwastewaters are not K181. The procedures described in pars. (a) to (c) and (e) establish when nonwastewaters from the production of dyes or pigments would not be hazardous. These procedures apply to wastes that are not disposed in landfill units or treated in combustion units as specified in sub. (1). If the nonwastewaters are disposed in landfill units or treated in combustion units as described in sub. (1), then the nonwastewaters are not hazardous. In order to demonstrate that it is meeting the landfill disposal or combustion conditions contained in the K181 listing description, the generator shall maintain documentation as described in par. (d).