Chapter NR 662

NR 662.021(10) (10) EPA may exempt a registrant from the requirement to submit form samples under sub. (4) or (8) (c) if EPA is persuaded that a separate review of the registrant’s forms would serve little purpose in informing an approval decision, such as a registrant certifies that it will print the manifest using the same paper type, paper weight, ink color of the instructions and binding method of the form samples approved for some other registrant. A registrant may request an exemption from EPA by indicating why an exemption is warranted.

NR 662.021(11) (11) An approved registrant shall notify EPA by phone or email as soon as it becomes aware that it has duplicated tracking numbers on any manifests that have been used or distributed to other parties.

NR 662.021(12) (12) If, subsequent to approval of a registrant under sub. (5), EPA becomes aware that the approved paper type, paper weight, ink color of the instructions, or binding method of the registrant’s form is unsatisfactory, EPA will contact the registrant and require modifications to the form.

NR 662.021(13) (13) 

NR 662.021(13)(a) (a) EPA may suspend and, if necessary, revoke printing privileges if EPA finds that the registrant:

NR 662.021(13)(a)1. 1. Has used or distributed forms that deviate from its approved form samples in regard to paper weight, paper type, ink color of the instructions, or binding method.

NR 662.021(13)(a)2. 2. Exhibits a continuing pattern of behavior in using or distributing manifests that contain duplicate manifest tracking numbers.

NR 662.021(13)(b) (b) EPA will send a warning letter to the registrant that specifies the date by which it must come into compliance with the requirements. If the registrant does not come in compliance by the specified date, EPA will send a second letter notifying the registrant that EPA has suspended or revoked its printing privileges. An approved registrant shall provide information on its printing activities to EPA if requested.

NR 662.021 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (a), (4) (a), (10) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 662.022 NR 662.022 Number of copies. The manifest consists of at least the number of copies that will provide the generator, each transporter, and the owner or operator of the designated facility with one copy each for their records and another copy to be returned to the generator.

NR 662.022 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.023 NR 662.023 Use of the manifest.

NR 662.023(1) (1) The generator shall do all of the following:

NR 662.023(1)(a) (a) Sign the manifest certification by hand.

NR 662.023(1)(b) (b) Obtain the handwritten signature of the initial transporter and date of acceptance on the manifest.

NR 662.023(1)(c) (c) Retain one copy, in accordance with s. NR 662.040 (1).

NR 662.023(2) (2) The generator shall give the transporter the remaining copies of the manifest.

NR 662.023(3) (3) For shipments of hazardous waste within the United States solely by water, bulk shipments only, the generator shall send 3 copies of the manifest dated and signed in accordance with this section to the owner or operator of the designated facility or the last water, bulk shipment, transporter to handle the waste in the United States if exported by water. Copies of the manifest are not required for each transporter.

NR 662.023(4) (4) For rail shipments of hazardous waste within the United States which originate at the site of generation, the generator shall send at least 3 copies of the manifest dated and signed in accordance with this section to any of the following:

NR 662.023(4)(a) (a) The next non-rail transporter, if any.

NR 662.023(4)(b) (b) The designated facility if transported solely by rail.

NR 662.023(4)(c) (c) The last rail transporter to handle the waste in the United States if exported by rail.

NR 662.023(5) (5) For shipments of hazardous waste to a designated facility in an authorized State that has not yet obtained authorization to regulate that particular waste as hazardous, the generator shall assure that the designated facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility.

NR 662.023 Note Note:  See s. NR 663.20 (5) and (6) for special provisions for bulk shipment by rail or water.

NR 662.023(6) (6) For rejected shipments of hazardous waste or container residues contained in non-empty containers that are returned to the generator by the designated facility, following the procedures under s. NR 664.0072 (6) or 665.0072 (6), the generator shall do all of the following:

NR 662.023(6)(a) (a) Sign either:

NR 662.023(6)(a)1. 1. Item 20 of the new manifest if a new manifest is used for the returned shipment.

NR 662.023(6)(a)2. 2. Item 18c of the original manifest if the original manifest is used for the returned shipment.

NR 662.023(6)(b) (b) Provide the transporter a copy of the manifest.

NR 662.023(6)(c) (c) Within 30 days of delivery of the rejected shipment or container residues contained in non-empty containers, send a copy of the manifest to the designated facility that returned the shipment to the generator.

NR 662.023(6)(d) (d) Retain at the generator’s site a copy of each manifest for at least 3 years from the date of delivery.

NR 662.023 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.024 NR 662.024 Use of the electronic manifest.

NR 662.024(1) (1) Legal equivalence to paper manifests. Electronic manifests that are obtained, completed, and transmitted in accordance with s. NR 662.020 (1) (c), and used in accordance with this section in lieu of EPA Forms 8700-22 and 8700-22A are the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfy for all purposes any requirement in these regulations to obtain, complete, sign, provide, use, or retain a manifest.

NR 662.024(1)(a) (a) Any requirement in these regulations to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning specified in 40 CFR 262.25 and s. NR 662.025.

NR 662.024(1)(b) (b) Any requirement in these regulations to give, provide, send, forward, or return to another person a copy of the manifest is satisfied when an electronic manifest is transmitted to the other person by submission to the system.

NR 662.024(1)(c) (c) Any requirement in these regulations for a generator to keep or retain a copy of each manifest is satisfied by retention of a signed electronic manifest in the generator’s account on the national e-manifest system, provided that the copies are readily available for viewing and production if requested by the department.

NR 662.024(1)(d) (d) A generator is not in violation of s. NR 662.040 (1) for the inability to produce an electronic manifest for inspection under this section if the generator can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with the electronic manifest system for which the generator bears no responsibility.

NR 662.024(2) (2) Participation in the electronic manifest system. A generator may participate in the electronic manifest system either by accessing the electronic manifest system from its own electronic equipment, or by accessing the electronic manifest system from portable equipment brought to the generator’s site by the transporter who accepts the hazardous waste shipment from the generator for off-site transportation.

NR 662.024(3) (3) Restriction on use of electronic manifests. A generator may use an electronic manifest for the tracking of waste shipments involving any RCRA hazardous waste only if it is known at the time the manifest is originated that all waste handlers named on the manifest participate in the use of the electronic manifest, except that:

NR 662.024(3)(a) (a) A generator may sign by hand and retain a paper copy of the manifest signed by hand by the initial transporter, in lieu of executing the generator copy electronically, thereby enabling the transporter and subsequent waste handlers to execute the remainder of the manifest copies electronically.

NR 662.024(4) (4) Requirement for one printed copy. To the extent the hazardous materials regulation on shipping papers for carriage by public highway requires shippers of hazardous materials to supply a paper document for compliance with 49 CFR 177.817, a generator originating an electronic manifest shall also provide the initial transporter with one printed copy of the electronic manifest.

NR 662.024(5) (5) Special procedures when electronic manifest is unavailable. If a generator has prepared an electronic manifest for a hazardous waste shipment, but the electronic manifest system becomes unavailable for any reason prior to the time that the initial transporter has signed electronically to acknowledge the receipt of the hazardous waste from the generator, then the generator must obtain and complete a paper manifest and if necessary, a continuation sheet, EPA Forms 8700-22 and 8700-22A, in accordance with the manifest instructions, and use these paper forms from this point forward in accordance with the requirements specified in s. NR 662.023.

NR 662.024(6) (6) Special procedures for electronic signature methods undergoing tests. If a generator has prepared an electronic manifest for a hazardous waste shipment, and signs this manifest electronically using an electronic signature method that is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the generator shall also sign with an ink signature the generator/offeror certification on the printed copy of the manifest provided under sub. (4).

NR 662.024(8) (8) Post-receipt manifest data corrections. After a facility has certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person named on the manifest. A generator may participate electronically in the post-receipt data corrections process by following the process described in s. NR 664.0071 (9), which applies to corrections made to either paper or electronic manifest records.

NR 662.024 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.025 NR 662.025 Electronic manifest signatures. Electronic signature methods for the e-manifest system shall meet all of the following requirements:

NR 662.025(1) (1) Be a legally valid and enforceable signature under applicable EPA and other federal requirements pertaining to electronic signatures.

NR 662.025(2) (2) Be a method that is designed and implemented in a manner that EPA considers to be as cost-effective and practical as possible for the users of the manifest.

NR 662.025 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.027 NR 662.027 Waste minimization certification. A generator that initiates a shipment of hazardous waste shall certify in Item 15 of the uniform hazardous waste manifest to one of the following statements:

NR 662.027(1) (1) “I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment.”

NR 662.027(2) (2) “I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford.”

NR 662.027 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

subch. C of ch. NR 662 Subchapter C — Pre-Transport Requirements Applicable to Small and Large Quantity Generators

NR 662.030 NR 662.030 Packaging. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall package the waste in accordance with the applicable department of transportation regulations on packaging under 49 CFR parts 173, 178, and 179.

NR 662.030 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.031 NR 662.031 Labeling. Before transporting or offering hazardous waste for transportation off-site, a generator shall label each package in accordance with the applicable department of transportation regulations on hazardous materials under 49 CFR part 172.

NR 662.031 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction made under s. 35.17, Stats., Register August 2020 No. 776.

NR 662.032 NR 662.032 Marking.

NR 662.032(1) (1) Before transporting or offering hazardous waste for transportation off-site, a generator shall mark each package of hazardous waste in accordance with the applicable department of transportation regulations on hazardous materials under 49 CFR part 172.

NR 662.032(2) (2) Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall mark each container of 119 gallons or less used in such transportation with the information in accordance with the requirements of 49 CFR 172.304 and all of the following words:

NR 662.032(2)(a) (a) HAZARDOUS WASTE—Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.

NR 662.032(2)(b) (b) Generator’s Name and Address ____.

NR 662.032(2)(c) (c) Generator’s EPA identification number ____.

NR 662.032(2)(d) (d) Manifest Tracking Number ____.

NR 662.032(2)(e) (e) EPA Hazardous Waste Number ____.

NR 662.032(3) (3) A generator may use a nationally recognized electronic system, such as bar coding, to identify the EPA hazardous waste numbers, as required under sub. (2) (e) or (4).

NR 662.032(4) (4) Lab packs that will be incinerated in compliance with s. NR 668.42 (3) are not required to be marked with EPA hazardous waste numbers, except D004, D005, D006, D007, D008, D010, and D011, where applicable.

NR 662.032 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 662.033 NR 662.033 Placarding. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall placard or offer the initial transporter the appropriate placards according to department of transportation regulations for hazardous materials under 49 CFR part 172, subpart F.

NR 662.033 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.035 NR 662.035 Liquids in landfills prohibition. The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids, whether or not sorbents have been added, in any landfill is prohibited. Prior to disposal in a hazardous waste landfill, liquids shall meet additional requirements as specified in ss. NR 664.0314 and 664.0315.

NR 662.035 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

subch. D of ch. NR 662 Subchapter D — Recordkeeping and Reporting Applicable to Small and Large Quantity Generators

NR 662.040 NR 662.040 Recordkeeping.

NR 662.040(1) (1) A generator shall keep a copy of each manifest signed in accordance with s. NR 662.023 (1) for 3 years or until the generator receives a signed copy from the designated facility that received the waste. This signed copy shall be retained as a record for at least 3 years from the date the waste was accepted by the initial transporter.

NR 662.040(2) (2) A generator shall keep a copy of each annual report and exception report for a period of at least 3 years from the due date of the report.

NR 662.040(3) (3) A generator shall comply with s. NR 662.011 (6) for recordkeeping requirements for documenting hazardous waste determinations.

NR 662.040(4) (4) The periods or retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the department.

NR 662.040 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.041 NR 662.041 Annual reports for small and large quantity generators.

NR 662.041(1) (1) A generator that is a large quantity generator for at least one month during the calendar year that ships any hazardous waste off-site to a treatment, storage or disposal facility within the United States shall complete and submit an annual report to the department by March 1 of each year. The annual report shall be submitted on department forms and cover generator activities during the previous year. The generator shall use the fee worksheet to determine the environmental repair fee that shall be paid to the department as specified in s. 289.67 (2), Stats.

NR 662.041(2) (2) Any generator that is a large quantity generator for at least one month during the calendar year that treats, stores, or disposes of hazardous waste on-site shall complete and submit an annual report to the department by March 1 of each year in accordance with the provisions under chs. NR 664, 665, 666, 667 and 670. This requirement also applies to large quantity generators that receive hazardous waste from very small quantity generators according to s. NR 662.017 (6). The generator shall use the fee worksheet to determine the environmental repair fee that shall be paid to the department as specified in s. 289.67 (2), Stats.

NR 662.041(3) (3) Exports of hazardous waste to foreign countries are not required to be reported on the biennial report form. A separate annual report requirement is set forth under s. NR 662.083 (7) for hazardous waste exporters.

NR 662.041(4) (4) A generator that is a small quantity generator for at least one month during the calendar year and is not already subject to subs. (1) and (2) and that ships any hazardous waste off-site to a treatment, storage or disposal facility within the United States shall complete and submit an annual report to the department by March 1 of each year. The annual report shall be submitted on department forms and cover generator activities during the previous year. The generator fee worksheet to determine the environmental repair fee that shall be paid to the department as specified in s. 289.67 (2), Stats.

NR 662.041(5) (5) Any generator that is a small quantity generator for at least one month during the calendar year and is not already subject to subs. (1) and (2) and that treats, stores, or disposes of hazardous waste on-site shall complete and submit an annual report to the department by March 1 of each year in accordance with the provisions under chs. NR 664, 665, 666, 667 and 670. The generator fee worksheet to determine the environmental repair fee that shall be paid to the department as specified in s. 289.67 (2), Stats.

NR 662.041 Note Note: Information on annual reporting is available at: http://dnr.wi.gov/topic/Waste/AnnualReport.html.

NR 662.041 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (5) made under s. 35.17, Stats., Register August 2020 No. 776.