Chapter NR 662

NR 662.016(2)(e)2. 2. One of the following records, by use of inventory logs, monitoring equipment, or any other effective means, shall be maintained and readily available for inspection:

NR 662.016(2)(e)2.a. a. A written description of procedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that the generator is consistent with maintaining the 90 day limit, and documentation that the procedures are complied with.

NR 662.016(2)(e)2.b. b. Documentation that the unit is emptied at least once every 90 days.

NR 662.016(2)(f) (f) Labeling and marking of containers and tanks.

NR 662.016(2)(f)1. 1. ‘Containers.’ A small quantity generator shall mark or label each of its containers with all of the following:

NR 662.016(2)(f)1.a. a. The words “Hazardous Waste.”

NR 662.016(2)(f)1.b. b. An indication of the hazards of the contents. Acceptable indications of hazardous contents include the following: applicable hazardous waste characteristic or characteristics, such as ignitable, corrosive, reactive, or toxic; hazard communication consistent with the department of transportation requirements on labeling or placarding, incorporated into s. Trans 326.01 (3); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard, incorporated into s. SPS 332.50; or a chemical hazard label consistent with the National Fire Protection Association, incorporated into s. SPS 314.001 (1) (a).

NR 662.016(2)(f)1.c. c. The date upon which each period of accumulation begins clearly visible for inspection on each container.

NR 662.016(2)(f)2. 2. ‘Tanks.’ A small quantity generator accumulating hazardous waste in tanks shall do all of the following:

NR 662.016(2)(f)2.a. a. Mark or label its tanks with the words “Hazardous Waste.”

NR 662.016(2)(f)2.b. b. Mark or label its tanks with an indication of the hazards of the contents. Acceptable indications of hazardous contents include the following: applicable hazardous waste characteristic or characteristics, such as, ignitable, corrosive, reactive, or toxic; hazard communication consistent with the department of transportation requirements on labeling or placarding, incorporated into s. Trans 326.01 (3); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard, incorporated into s. SPS 332.50; or a chemical hazard label consistent with the National Fire Protection Association, incorporated into s. SPS 314.001 (1) (a).

NR 662.016(2)(f)2.c. c. Use inventory logs, monitoring equipment, or other records to demonstrate that hazardous waste has been emptied within 180 days of first entering the tank if using a batch process, or in the case of a tank with a continuous flow process, demonstrate that estimated volumes of hazardous waste entering the tank daily exit the tank within 180 days of first entering.

NR 662.016(2)(f)2.d. d. Keep inventory logs or records with the information identified in subd. c. on-site and readily available for inspection.

NR 662.016(2)(g) (g) Land disposal restrictions. A small quantity generator shall comply with all applicable requirements under ch. NR 668.

NR 662.016(2)(h) (h) Preparedness and prevention.

NR 662.016(2)(h)1. 1. ‘Maintenance and operation of facility.’ A small quantity generator shall maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten human health or the environment.

NR 662.016(2)(h)2. 2. ‘Required equipment.’ All areas where hazardous waste is either generated or accumulated shall be equipped with all of the items specified in subd. 2. a. to d. A generator may demonstrate that none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified under this subdivision or the actual waste generation or accumulation area does not lend itself for safety reasons to have a particular kind of equipment specified under this subdivision. A small quantity generator may determine the most appropriate locations to locate equipment necessary to prepare for and respond to emergencies. Required equipment includes all of the following:

NR 662.016(2)(h)2.a. a. An internal communications or alarm system capable of providing immediate emergency instruction, voice, or signal to facility personnel.

NR 662.016(2)(h)2.b. b. A device, such as a telephone, immediately available at the scene of operations, or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams.

NR 662.016(2)(h)2.c. c. Portable fire extinguishers, spill control equipment, decontamination equipment, and fire control equipment including special extinguishing equipment, such as those that use foam, inert gas, or dry chemicals.

NR 662.016(2)(h)2.d. d. Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.

NR 662.016(2)(h)3. 3. ‘Testing and maintenance of equipment.’ All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, shall be tested and maintained as necessary to assure its proper operation in time of emergency.

NR 662.016(2)(h)4. 4. ‘Access to communications or alarm system.’

NR 662.016(2)(h)4.a. a. Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate, direct, and unimpeded access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under subd. 2.

NR 662.016(2)(h)4.b. b. In the event there is just one employee on the premises while the facility is operating, the employee shall have immediate, direct, and unimpeded access to a device, such as a telephone, immediately available at the scene of operation, or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required under subd. 2.

NR 662.016(2)(h)5. 5. ‘Required aisle space.’ The small quantity generator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.

NR 662.016(2)(h)6. 6. ‘Arrangements with local authorities to provide emergency assistance.’

NR 662.016(2)(h)6.a. a. The small quantity generator shall attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals, taking into account the types and quantities of hazardous wastes handled at the facility. Arrangements may be made with the local emergency planning committee if it is determined to be the appropriate organization with which to make arrangements. A small quantity generator attempting to make arrangements with its local fire department shall determine the potential need for the services of the local police department, other emergency response teams, emergency response contractors, equipment suppliers, and local hospitals. As part of this coordination, the small quantity generator shall attempt to make arrangements, as necessary, to familiarize the organizations identified in this paragraph with the layout of the facility, the properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes as well as the types of injuries or illnesses that could result from fires, explosions, or releases at the facility. Where more than one police or fire department might respond to an emergency, the small quantity generator shall attempt to make arrangements designating primary emergency authority to a specific fire or police department, and arrangements with any others to provide support to the primary emergency authority.

NR 662.016 Note Note: A generator shall attempt to make arrangements to ensure that the generator will receive an immediate and appropriate emergency response from these authorities.

NR 662.016(2)(h)6.b. b. A small quantity generator shall maintain records documenting arrangements with the local fire department as well as any other organization necessary to respond to an emergency. This documentation shall include documentation in the operating record that either confirms such arrangements actively exist or, in cases where no arrangements exist, confirms that attempts to make such arrangements have been made.

NR 662.016(2)(h)6.c. c. A facility possessing 24-hour response capabilities may seek a waiver from the authority having jurisdiction over the fire code within the facility’s state or locality as far as needing to make arrangements with the local fire department as well as any other organization necessary to respond to an emergency, provided that the waiver is documented in the operating record.

NR 662.016(2)(i) (i) Emergency procedures. The small quantity generator shall comply with all of the following conditions for those areas of the generator facility where hazardous waste is generated and accumulated:

NR 662.016(2)(i)1. 1. At all times there shall be at least one employee either on the premises or on call and available to respond to an emergency by reaching the facility within a short period of time with the responsibility for coordinating all emergency response measures specified in subd. 4. This employee is the emergency coordinator.

NR 662.016(2)(i)2. 2. The small quantity generator shall post all of the following information next to telephones or in areas directly involved in the generation and accumulation of hazardous waste:

NR 662.016(2)(i)2.a. a. The name and emergency telephone number of the emergency coordinator.

NR 662.016(2)(i)2.b. b. The location of fire extinguishers and spill control material, and, if present, fire alarm.

NR 662.016(2)(i)2.c. c. The telephone number of the fire department, unless the facility has a direct alarm.

NR 662.016(2)(i)3. 3. The small quantity generator shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.

NR 662.016(2)(i)4. 4. The emergency coordinator, or his or her designee, shall take the following actions that are applicable in response to any emergency that may arise:

NR 662.016(2)(i)4.a. a. In the event of a fire, call the fire department or attempt to extinguish the fire using a fire extinguisher.

NR 662.016(2)(i)4.b. b. In the event of a spill, the small quantity generator is responsible for containing the flow of hazardous waste to the extent possible, and as soon as is practicable, cleaning up the hazardous waste and any contaminated materials or soil. Such containment and cleanup may be conducted either by the small quantity generator or by a contractor on behalf of the small quantity generator.

NR 662.016(2)(i)4.c. c. In the event of a fire, explosion, or other release that could threaten human health outside the facility or when the small quantity generator has knowledge that a spill has reached surface water, the small quantity generator shall immediately notify the National Response Center using the 24-hour toll free number 800-424-8802. The report shall include the following information: the name, address, and EPA identification number of the small quantity generator; date, time, and type of incident, spill, or fire; quantity and type of hazardous waste involved in the incident; extent of injuries, if any; and estimated quantity and disposition of recovered materials, if any.

NR 662.016(3) (3) Transporting over 200 miles. A small quantity generator that transports its waste, or offers its waste for transportation, over a distance of 200 miles or more for off-site treatment, storage, or disposal may accumulate hazardous waste on-site for 270 days or less without a license or without having interim status, provided that the generator complies with the conditions specified in sub. (2).

NR 662.016(4) (4) Accumulation time limit extension. A small quantity generator who accumulates hazardous waste for more than 180 days, or for more than 270 days if it shall transport its waste, or offer its waste for transportation, over a distance of 200 miles or more, is subject to the requirements under chs. NR 664, 665, 667, 668, and 670 unless it has been granted an extension to the 180-day period, or 270-day period, if applicable. Such extension may be granted by the department if hazardous wastes shall remain on-site for longer than 180 days, or 270 days if applicable, due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the department on a case-by-case basis.

NR 662.016(5) (5) Rejected load. A small quantity generator that sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions under s. NR 664.0072 or 665.0072 may accumulate the returned waste on-site in accordance with subs. (1) to (4). Upon receipt of the returned shipment, the generator shall do one of the following:

NR 662.016(5)(a) (a) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest.

NR 662.016(5)(b) (b) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.

NR 662.016(6) (6) Episodic event. A small quantity generator experiencing an episodic event, as defined in s. NR 662.231 (1), may accumulate hazardous waste in accordance with subch. L in lieu of complying with s. NR 662.017.

NR 662.016 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (c) 3. (intro.), c., 4., (d) 1., (i) 4. c. made under s. 35.17, Stats., Register August 2020 No. 776.

NR 662.017 NR 662.017 Conditions for exemption for a large quantity generator that accumulates hazardous waste. A large quantity generator may accumulate hazardous waste on-site without a license or interim status, and without complying with the requirements of chs. NR 664 to 667 and 670, or from any requirement for notification under s. NR 660.07, provided that all of the following conditions for exemption are met:

NR 662.017(1) (1) Accumulation. A large quantity generator accumulates hazardous waste on-site for no more than 90 days, unless in compliance with the accumulation time limit extension or accumulation conditions for exemption in subs. (2) to (5). All of the following accumulation conditions also apply:

NR 662.017(1)(a) (a) Accumulation of hazardous waste in containers. If the hazardous waste is placed in containers, the large quantity generator shall comply with the following:

NR 662.017(1)(a)1. 1. ‘Air emission standards.’ The applicable requirements of subchs. AA, BB, and CC of ch. NR 665.

NR 662.017(1)(a)2. 2. ‘Condition of containers.’ If a container holding hazardous waste is not in good condition, or if it begins to leak, the large quantity generator shall immediately transfer the hazardous waste to a container that is in good condition, or immediately manage the waste in some other way that complies with the conditions for exemption of this section.

NR 662.017(1)(a)3. 3. ‘Compatibility of waste with container.’ The large quantity generator shall use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired.

NR 662.017(1)(a)4. 4. ‘Management of containers.’

NR 662.017(1)(a)4.a. a. A container holding hazardous waste shall always be closed during accumulation, except when it is necessary to add or remove waste.

NR 662.017(1)(a)4.b. b. A container holding hazardous waste may not be opened, handled, or stored in a manner that may rupture the container or cause it to leak.

NR 662.017(1)(a)5. 5. ‘Inspections.’ At least weekly, the large quantity generator shall inspect central accumulation areas. The large quantity generator shall look for leaking containers and for deterioration of containers caused by corrosion or other factors. See subd. 2. for remedial action required if deterioration or leaks are detected.

NR 662.017(1)(a)6. 6. ‘Special conditions for accumulation of ignitable and reactive wastes.’

NR 662.017(1)(a)6.a. a. A container holding ignitable or reactive waste shall be located at least 15 meters from the facility’s property line unless a written approval is obtained from the authority having jurisdiction over the local fire code allowing hazardous waste accumulation to occur within this restricted area. A record of the written approval shall be maintained as long as ignitable or reactive hazardous waste is accumulated in this area.

NR 662.017(1)(a)6.b. b. The large quantity generator shall take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste shall be separated and protected from sources of ignition or reaction including the following: open flames, smoking, cutting, welding, hot surfaces, frictional heat, static sparks, electrical sparks, mechanical sparks, spontaneous ignition, and radiant heat. While ignitable or reactive waste is being handled, the large quantity generator shall confine smoking and open flame to specially designated locations. “No Smoking” signs shall be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

NR 662.017(1)(a)7. 7. ‘Special conditions for accumulation of incompatible wastes.’

NR 662.017(1)(a)7.a. a. The generator may not place incompatible wastes, or incompatible wastes and materials, in the same container unless the generator complies with the requirements specified in s. NR 665.0017 (2).

NR 662.017(1)(a)7.b. b. The generator may not place hazardous waste in an unwashed container that previously held an incompatible waste or material unless the generator complies with the requirements specified in s. NR 665.0017 (2).

NR 662.017(1)(a)7.c. c. A container holding a hazardous waste that is incompatible with any waste or other materials accumulated or stored nearby in other containers, piles, open tanks, or surface impoundments shall be separated from the other materials or protected from them by means of a dike, berm, wall, or other device.

NR 662.017 Note Note: See ch. NR 665 Appendix V for examples of incompatible wastes.

NR 662.017(1)(b) (b) Accumulation of hazardous waste in tanks. If the waste is placed in tanks, the large quantity generator shall comply with the applicable requirements of subch. J of ch. NR 665, except s. NR 665.0197 (3) for closure and post-closure care, and s. NR 665.0200 as well as the applicable requirements of subchs. AA, BB, and CC of ch. NR 665.

NR 662.017(1)(c) (c) Accumulation of hazardous waste on drip pads. If the hazardous waste is placed on drip pads, the large quantity generator shall comply with all of the following:

NR 662.017(1)(c)1. 1. Subchapter W of ch. NR 665.

NR 662.017(1)(c)2. 2. The large quantity generator shall remove all wastes from the drip pad at least once every 90 days. Any hazardous wastes that are removed from the drip pad are subject to the 90 day accumulation limit specified in sub. (1) and s. NR 662.015, if the hazardous wastes are being managed in satellite accumulation areas prior to being moved to a central accumulation area.

NR 662.017(1)(c)3. 3. The large quantity generator shall maintain on-site at the facility and readily available for inspection all of the following records:

NR 662.017(1)(c)3.a. a. A written description of procedures that are followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days.

NR 662.017(1)(c)3.b. b. Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.

NR 662.017(1)(d) (d) Accumulation of hazardous waste in containment buildings. If the waste is placed in containment buildings, the large quantity generator shall comply with subch. DD of ch. NR 665. The generator shall label its containment building with the words “Hazardous Waste” in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, or other persons on-site, and also in a conspicuous place provide an indication of the hazards of the contents. Acceptable indications of hazardous contents include the following: applicable hazardous waste characteristic or characteristics, such as, ignitable, corrosive, reactive, or toxic; hazard communication consistent with the department of transportation requirements on labeling or placarding, incorporated into s. Trans 326.01 (3); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard, incorporated into s. SPS 332.50; or a chemical hazard label consistent with the National Fire Protection Association 704 label, incorporated into s. SPS 314.001 (1) (a). The generator shall also maintain all of the following:

NR 662.017(1)(d)1. 1. The professional engineer certification that the building complies with the design standards specified in s. NR 665.1101. This certification shall be in the generator’s files prior to operation of the unit.

NR 662.017(1)(d)2. 2. One of the following records, by use of inventory logs, monitoring equipment, or any other effective means, shall be maintained and readily available for inspection:

NR 662.017(1)(d)2.a. a. A written description of procedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that the generator is consistent with respecting the 90-day limit, and documentation that the procedures are complied with.

NR 662.017(1)(d)2.b. b. Documentation that the unit is emptied at least once every 90 days.

NR 662.017(1)(d)2.c. c. Inventory logs or records with the above information must be maintained on site and readily available for inspection.

NR 662.017(1)(e) (e) Labeling and marking of containers and tanks.

NR 662.017(1)(e)1. 1. ‘Containers.’ A large quantity generator shall mark or label its containers with all of the following:

NR 662.017(1)(e)1.a. a. The words “Hazardous Waste.”

NR 662.017(1)(e)1.b. b. An indication of the hazards of the contents. Acceptable indications of hazardous contents include the following: applicable hazardous waste characteristic or characteristics, such as ignitable, corrosive, reactive, or toxic; hazard communication consistent with the department of transportation requirements on labeling or placarding, incorporated into s. Trans 326.01 (3); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard, incorporated into s. SPS 332.50; or a chemical hazard label consistent with the National Fire Protection Association 704 label, incorporated into s. SPS 314.001 (1) (a).

NR 662.017(1)(e)1.c. c. The date upon which each period of accumulation begins clearly visible for inspection on each container.

NR 662.017(1)(e)2. 2. ‘Tanks.’ A large quantity generator accumulating hazardous waste in tanks shall do all of the following:

NR 662.017(1)(e)2.a. a. Mark or label its tanks with the words “Hazardous Waste.”

NR 662.017(1)(e)2.b. b. Mark or label its tanks with an indication of the hazards of the contents. Acceptable indications of hazardous contents include the following: applicable hazardous waste characteristic or characteristics, such as ignitable, corrosive, reactive, or toxic; hazard communication consistent with the department of transportation requirements on labeling or placarding, incorporated into s. Trans 326.01 (3); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard, incorporated into s. SPS 332.50; or a chemical hazard label consistent with the National Fire Protection Association 704 label, incorporated into s. SPS 314.001 (1) (a).

NR 662.017(1)(e)2.c. c. Use inventory logs, monitoring equipment or other records to demonstrate that hazardous waste has been emptied within 90 days of first entering the tank if using a batch process, or in the case of a tank with a continuous flow process, demonstrate that estimated volumes of hazardous waste entering the tank daily exit the tank within 90 days of first entering.