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 NoteNote: 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 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20. NR 661.0031NR 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)(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)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)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 HistoryHistory: 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 661.0032NR 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). NR 661.0032(4)(a)(a) Determination based on no K181 constituents. A generator that has knowledge, such as knowledge of constituents in wastes based on prior sampling and analysis data or information about raw materials used, production processes used, and reaction and degradation products formed, that its wastes contain none of the K181 constituents listed in sub. (3) can use its knowledge to determine that its waste is not K181. The generator shall document the basis for all such determinations on an annual basis and keep each annual documentation for 3 years. NR 661.0032(4)(b)(b) Determination for generated quantities of 1,000 metric tons a year or less for wastes that contain K181 constituents. If the total annual quantity of dyes or pigment nonwastewaters generated is 1,000 metric tons or less, the generator can use knowledge of the wastes, such as knowledge of constituents in wastes based on prior analytical data or information about raw materials used, production processes used, and reaction and degradation products formed, to conclude that annual mass loadings for the K181 constituents are below the listing levels of sub. (3). To make this determination, the generator shall do all of the following: NR 661.0032(4)(b)1.1. Each year document the basis for determining that the annual quantity of nonwastewaters expected to be generated will be less than 1,000 metric tons. NR 661.0032(4)(b)2.2. Track the actual quantity of nonwastewaters generated from January 1 through December 31 of each year. If, at any time within the year, the actual waste quantity exceeds 1,000 metric tons, the generator shall comply with the requirements under par. (c) for the remainder of the year. NR 661.0032(4)(b)3.3. Keep a running total of the K181 constituent mass loadings over the course of the calendar year. NR 661.0032(4)(b)4.4. Keep all of the following records on-site for the 3 most recent calendar years in which the hazardous waste determinations are made: NR 661.0032(4)(b)4.c.c. The calculations performed to determine annual total mass loadings for each K181 constituent in the nonwastewaters during the year. NR 661.0032(4)(c)(c) Determination for generated quantities greater than 1,000 metric tons a year for wastes that contain K181 constituents. If the total annual quantity of dyes or pigment nonwastewaters generated is greater than 1,000 metric tons, the generator shall perform all of the following steps in order to make a determination that its waste is not K181: NR 661.0032(4)(c)1.1. Determine which K181 constituents listed in sub. (3) are reasonably expected to be present in the wastes based on knowledge of the wastes, such as based on prior sampling and analysis data or information about raw materials used, production processes used, and reaction and degradation products formed. NR 661.0032(4)(c)2.2. If 1,2-phenylenediamine is present in the wastes, the generator can use either knowledge or sampling and analysis procedures to determine the level of this constituent in the wastes. For determinations based on use of knowledge, the generator shall comply with the procedures for using knowledge described in par. (b) and keep the records described in par. (b) 4. For determinations based on sampling and analysis, the generator shall comply with all of the sampling and analysis and recordkeeping requirements in subds. 3. to 11. NR 661.0032(4)(c)3.3. Develop a waste sampling and analysis plan or modify an existing plan to collect and analyze representative waste samples for the K181 constituents reasonably expected to be present in the wastes. At a minimum, the plan shall include all of the following: NR 661.0032(4)(c)3.c.c. A discussion of how the sampling plan accounts for potential temporal and spatial variability of the wastes. NR 661.0032(4)(c)3.d.d. A detailed description of the test methods to be used, including sample preparation, clean up, if necessary, and determinative methods. NR 661.0032(4)(c)4.4. Collect and analyze samples in accordance with the waste sampling and analysis plan. NR 661.0032(4)(c)4.a.a. The sampling and analysis shall be unbiased, precise, and representative of the wastes. NR 661.0032(4)(c)4.b.b. The analytical measurements shall be sufficiently sensitive, accurate and precise to support any claim that the constituent mass loadings are below the listing levels of sub. (3). NR 661.0032(4)(c)6.6. Record the waste quantity represented by the sampling and analysis results. NR 661.0032(4)(c)7.7. Calculate constituent-specific mass loadings, product of concentrations and waste quantity. NR 661.0032(4)(c)8.8. Keep a running total of the K181 constituent mass loadings over the course of the calendar year. NR 661.0032(4)(c)9.9. Determine whether the mass of any of the K181 constituents listed in sub. (3) generated between January 1 and December 31 of any year is below the K181 listing levels. NR 661.0032(4)(c)10.10. Keep all of the following records on site for the 3 most recent calendar years in which the hazardous waste determinations are made: NR 661.0032(4)(c)11.11. Nonhazardous waste determinations shall be conducted annually to verify that the wastes remain nonhazardous. NR 661.0032(4)(c)11.a.a. The annual testing requirements are suspended after 3 consecutive successful annual demonstrations that the wastes are nonhazardous. The generator can then use knowledge of the wastes to support subsequent annual determinations. NR 661.0032(4)(c)11.b.b. The annual testing requirements are reinstated if the manufacturing or waste treatment processes generating the wastes are significantly altered, resulting in an increase of the potential for the wastes to exceed the listing levels. NR 661.0032(4)(c)11.c.c. If the annual testing requirements are suspended, the generator shall keep records of the process knowledge information used to support a nonhazardous determination. If testing is reinstated, a description of the process change shall be retained. NR 661.0032(4)(d)(d) Recordkeeping for the landfill disposal and combustion exemptions. For the purposes of meeting the landfill disposal and combustion condition set out in the K181 listing description, the generator shall maintain on site for 3 years documentation demonstrating that each shipment of waste was received by a landfill unit that is subject to or meets the landfill design standards set out in the listing description, or was treated in combustion units as specified in the listing description. NR 661.0032(4)(e)(e) Waste holding and handling. During the interim period, from the point of generation to completion of the hazardous waste determination, the generator is responsible for storing the wastes appropriately. If the wastes are determined to be hazardous and the generator has not complied with the hazardous waste requirements during the interim period, the generator may be subject to an enforcement action for improper management. NR 661.0032 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; renum. (2) (a) to (2) under s. 13.92 (4) (b) 1., Stats., and correction in (1) (Table) under s. 35.17, Stats., Register August 2020 No. 776. NR 661.0033NR 661.0033 Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof. All of the following materials or items are hazardous wastes if and when they are discarded or intended to be discarded as described in s. NR 661.0002 (1) (b) 1., when they are mixed with waste oil or used oil or other material and applied to the land for dust suppression or road treatment, when they are otherwise applied to the land in lieu of their original intended use or when they are contained in products that are applied to the land in lieu of their original intended use, or when, in lieu of their original intended use, they are produced for use as, or as a component of, a fuel, distributed for use as a fuel, or burned as a fuel. NR 661.0033(1)(1) Any commercial chemical product, or manufacturing chemical intermediate having the generic name listed in sub. (5) or (6). NR 661.0033(2)(2) Any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in sub. (5) or (6). NR 661.0033(3)(3) Any residue remaining in a container or in an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name listed in sub. (5) or (6), unless the container is empty as defined in s. NR 661.0007 (2) or 666.507. NR 661.0033 NoteNote: Unless the residue is being beneficially used or reused, or legitimately recycled or reclaimed; or being accumulated, stored, transported or treated prior to such use, re-use, recycling or reclamation, the department considers the residue to be intended for discard, and thus, a hazardous waste. An example of a legitimate re-use of the residue would be where the residue remains in the container and the container is used to hold the same commercial chemical product or manufacturing chemical intermediate it previously held. An example of the discard of the residue would be where the drum is sent to a drum reconditioner who reconditions the drum but discards the residue.
NR 661.0033(4)(4) Any residue or contaminated soil, water or other debris resulting from the cleanup of a spill into or on any land or water of any commercial chemical product or manufacturing chemical intermediate having the generic name listed in sub. (5) or (6), or any residue or contaminated soil, water or other debris resulting from the cleanup of a spill, into or on any land or water, of any off-specification chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in sub. (5) or (6). NR 661.0033 NoteNote: The phrase “commercial chemical product or manufacturing chemical intermediate having the generic name listed in...” refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in sub. (5) or (6). Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in sub. (5) or (6), such waste will be listed in either s. NR 661.0031 or 661.0032 or will be identified as a hazardous waste by the characteristics set forth in subch. C. NR 661.0033(5)(5) The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products or manufacturing chemical intermediates referred to in subs. (1) to (4) are identified as acute hazardous wastes (H). NR 661.0033 NoteNote: For convenience, the primary hazardous properties of these materials have been indicated by the letters ‘T’ for toxicity, and ‘R’ for reactivity. Absence of a letter indicates that the compound only is listed for acute toxicity. Wastes are first listed in alphabetical order by substance and then listed again in numerical order by EPA hazardous waste number.
These wastes and their corresponding EPA hazardous waste numbers are:
1CAS Number given for parent compound only.
NR 661.0033(6)(6) The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products referred to in subs. (1) to (4) are identified as toxic wastes (T) unless otherwise designated. NR 661.0033 NoteNote: For convenience, the primary hazardous properties of these materials have been indicated by the letters ‘T’ for toxicity, ‘R’ for reactivity, ‘I’ for ignitability and ‘C’ for corrosivity. Absence of a letter indicates that the compound is only listed for toxicity. Wastes are first listed in alphabetical order by substance and then listed again in numerical order by EPA hazardous waste number.
These wastes and their corresponding EPA hazardous waste numbers are:
1CAS Number given for parent compound only.
NR 661.0033 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (3), (5), (6) made under s. 35.17, Stats., Register August 2020 No. 776. NR 661.0035NR 661.0035 Deletion of certain hazardous waste codes following equipment cleaning and replacement. NR 661.0035(1)(1) Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 once the generator has met all of the requirements under subs. (2) and (3). These wastes may, however, continue to meet another hazardous waste listing description or may exhibit one or more of the hazardous waste characteristics. NR 661.0035(2)(2) A generator shall either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the ground water, surface water, or atmosphere. NR 661.0035(2)(a)1.1. Prepare and follow an equipment cleaning plan and clean equipment in accordance with par. (b). NR 661.0035(2)(a)2.2. Prepare and follow an equipment replacement plan and replace equipment in accordance with par. (c). NR 661.0035(2)(a)3.3. Document cleaning and replacement in accordance with par. (c), carried out after termination of use of chlorophenolic preservations.
