Chapter NR 662

NR 662.202(2) (2) Very small quantity generators. An eligible academic entity has the option of complying with this subchapter with respect to laboratories, as an alternative to complying with the conditional exemption under s. NR 662.014.

NR 662.202 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.203 NR 662.203 How an eligible academic entity indicates it will be subject to the requirements of this subchapter.

NR 662.203(1) (1) An eligible academic entity shall notify the department in writing, using the RCRA Subtitle C site identification form EPA form 8700-12, that it is electing to be subject to the requirements of this subchapter for all the laboratories owned by the eligible academic entity under the same EPA identification number. An eligible academic entity that is a very small quantity generator and does not have an EPA identification number shall notify the department that it is electing to be subject to the requirements of this subchapter for all the laboratories owned by the eligible academic entity that are on-site, as defined in s. NR 660.10 (85). An eligible academic entity shall submit a separate site identification form for each EPA identification number, or site, for very small quantity generators, that is electing to be subject to the requirements of this subchapter, and shall submit the site identification form before it begins operating under this subchapter.

NR 662.203(2) (2) When submitting the site identification form, the eligible academic entity shall, at a minimum, complete all of the following fields on the form:

NR 662.203(2)(a) (a) Reason for submittal.

NR 662.203(2)(b) (b) Site EPA identification number, except for very small quantity generators.

NR 662.203(2)(c) (c) Site name.

NR 662.203(2)(d) (d) Site location information.

NR 662.203(2)(e) (e) Site land type.

NR 662.203(2)(f) (f) North American Industry Classification System or NAICS code for the site.

NR 662.203(2)(g) (g) Site mailing address.

NR 662.203(2)(h) (h) Site contact person.

NR 662.203(2)(i) (i) Operator and legal owner of the site.

NR 662.203(2)(j) (j) Type of regulated waste activity.

NR 662.203(2)(k) (k) Certification.

NR 662.203(3) (3) An eligible academic entity shall keep a copy of the notification on file at the eligible academic entity for as long as its laboratories are subject to this subchapter.

NR 662.203(4) (4) A teaching hospital that is not owned by a college or university shall keep a copy of its formal written affiliation agreement with a college or university on file at the teaching hospital for as long as its laboratories are subject to this subchapter.

NR 662.203(5) (5) A non-profit research institute that is not owned by a college or university shall keep a copy of its formal written affiliation agreement with a college or university on file at the non-profit research institute for as long as its laboratories are subject to this subchapter.

NR 662.203 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.204 NR 662.204 How an eligible academic entity indicates it will withdraw from the requirements of this subchapter.

NR 662.204(1) (1) An eligible academic entity shall notify the department in writing, using the RCRA Subtitle C site identification form EPA form 8700-12, that it is electing to no longer be subject to the requirements of this subchapter for all the laboratories owned by the eligible academic entity under the same EPA identification number and that it will comply with the requirements under ss. NR 662.011 and 662.015 for small quantity generators and large quantity generators. An eligible academic entity that is a very small quantity generator and does not have an EPA identification number shall notify the department that it is withdrawing from the requirements of this subchapter for all the laboratories owned by the eligible academic entity that are on-site and that it will comply with the conditional exemption specified in s. NR 662.014. An eligible academic entity shall submit a separate site identification form for each EPA identification number, or site, for very small quantity generators, that is withdrawing from the requirements of this subchapter and shall submit the site identification form before it begins operating under the standards specified in ss. NR 662.011 and 662.015 for small quantity generators and large quantity generators or s. NR 662.014 for very small quantity generators.

NR 662.204(2) (2) When submitting the site identification form, the eligible academic entity shall, at a minimum, complete all of the following fields on the form:

NR 662.204(2)(a) (a) Reason for submittal.

NR 662.204(2)(b) (b) Site EPA identification number, except for conditionally exempt small quantity generators.

NR 662.204(2)(c) (c) Site name.

NR 662.204(2)(d) (d) Site location information.

NR 662.204(2)(e) (e) Site land type.

NR 662.204(2)(f) (f) North American Industry Classification System or NAICS code for the site.

NR 662.204(2)(g) (g) Site mailing address.

NR 662.204(2)(h) (h) Site contact person.

NR 662.204(2)(i) (i) Operator and legal owner of the site.

NR 662.204(2)(j) (j) Type of regulated waste activity.

NR 662.204(2)(k) (k) Certification.

NR 662.204(3) (3) An eligible academic entity shall keep a copy of the withdrawal notice on file at the eligible academic entity for 3 years from the date of the notification.

NR 662.204 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.205 NR 662.205 Summary of the requirements of this subchapter. An eligible academic entity that chooses to be subject to this subchapter is not required to have an interim or operating license issued under ch. NR 670 for the accumulation of unwanted material and hazardous waste in its laboratories, provided the laboratories comply with the provisions of this subchapter and the eligible academic entity has a laboratory management plan or LMP in accordance with s. NR 662.214 that describes how the laboratories owned by the eligible academic entity will comply with the requirements of this subchapter.

NR 662.205 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.206 NR 662.206 Labeling and management standards for containers of unwanted material in the laboratory. An eligible academic entity shall manage containers of unwanted material while in the laboratory in accordance with all of the following requirements:

NR 662.206(1) (1) Labeling. An eligible academic entity shall label unwanted material as follows:

NR 662.206(1)(a) (a) All of the following information shall be affixed or attached to the container:

NR 662.206(1)(a)1. 1. The words “unwanted material” or another equally effective term that is to be used consistently by the eligible academic entity and that is identified in part I of the laboratory management plan.

NR 662.206(1)(a)2. 2. Sufficient information to alert emergency responders to the contents of the container. Examples of information that would be sufficient to alert emergency responders to the contents of the container include:

NR 662.206(1)(a)2.a. a. The name of the chemical.

NR 662.206(1)(a)2.b. b. The type or class of chemical, such as organic solvents or halogenated organic solvents.

NR 662.206(1)(b) (b) The following information may be affixed or attached to the container, but shall at a minimum be associated with the container:

NR 662.206(1)(b)1. 1. The date that the unwanted material first began accumulating in the container.

NR 662.206(1)(b)2. 2. Information sufficient to allow a trained professional to properly identify whether an unwanted material is a solid or hazardous waste and to assign the proper hazardous waste code, under s. NR 662.011. Examples of information that would allow a trained professional to properly identify whether an unwanted material is a solid or hazardous waste include:

NR 662.206(1)(b)2.a. a. The name and description of the chemical contents or composition of the unwanted material, or, if known, the product of the chemical reaction.

NR 662.206(1)(b)2.b. b. Whether the unwanted material has been used or is unused.

NR 662.206(1)(b)2.c. c. A description of the manner in which the chemical was produced or processed, if applicable.

NR 662.206(2) (2) Management of containers in the laboratory. An eligible academic entity shall properly manage containers of unwanted material in the laboratory to assure safe storage of the unwanted material, to prevent leaks, spills, emissions to the air, adverse chemical reactions, and dangerous situations that may result in harm to human health or the environment. Proper container management shall include all of the following:

NR 662.206(2)(a) (a) Containers are maintained and kept in good condition and damaged containers are replaced, overpacked, or repaired.

NR 662.206(2)(b) (b) Containers are compatible with their contents to avoid reactions between the contents and the container; and are made of, or lined with, material that is compatible with the unwanted material so that the container’s integrity is not impaired.

NR 662.206(2)(c) (c) Containers shall be kept closed at all times, except for any of the following:

NR 662.206(2)(c)1. 1. When adding, removing or bulking unwanted material.

NR 662.206(2)(c)2. 2. A working container may be open until the end of the procedure or work shift, or until it is full, whichever comes first, at which time the working container shall either be closed or the contents emptied into a separate container that is then closed.

NR 662.206(2)(c)3. 3. When venting of a container is necessary under any of the following conditions:

NR 662.206(2)(c)3.a. a. For the proper operation of laboratory equipment, such as with in-line collection of unwanted materials from high performance liquid chromatographs.

NR 662.206(2)(c)3.b. b. To prevent dangerous situations, such as build-up of extreme pressure.

NR 662.206 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.207 NR 662.207 Training. An eligible academic entity shall provide training to all individuals working in a laboratory at the eligible academic entity and maintain documentation, as follows:

NR 662.207(1) (1) Training for laboratory workers and students shall be commensurate with their duties so they understand the requirements in this subchapter and can implement them.

NR 662.207(2) (2) The required training under this subsection may include any of the following:

NR 662.207(2)(a) (a) Instruction by the professor or laboratory manager before or during an experiment.

NR 662.207(2)(b) (b) Formal classroom training.

NR 662.207(2)(c) (c) Electronic or written training.

NR 662.207(2)(d) (d) On-the-job training.

NR 662.207(2)(e) (e) Written or oral exams.

NR 662.207(3) (3) An eligible academic entity that is a large quantity generator shall maintain documentation for the durations specified in s. NR 665.0016 (5) demonstrating training for all laboratory workers that is sufficient to determine whether laboratory workers have been trained. Examples of documentation demonstrating training include:

NR 662.207(3)(a) (a) Sign-in or attendance sheet for training session.

NR 662.207(3)(b) (b) Syllabus for training session.

NR 662.207(3)(c) (c) Certificate of training completion.

NR 662.207(3)(d) (d) Test results.

NR 662.207(4) (4) A trained professional shall do all of the following:

NR 662.207(4)(a) (a) Accompany the transfer of unwanted material and hazardous waste when the unwanted material and hazardous waste is removed from the laboratory.

NR 662.207(4)(b) (b) Make the hazardous waste determination, according to s. NR 662.011 (1) to (4), for unwanted material.

NR 662.207 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (4) (b) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (3) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

NR 662.208 NR 662.208 Removing containers of unwanted material from the laboratory.

NR 662.208(1) (1) Containers of unwanted material shall be removed on a regular schedule. An eligible academic entity shall comply with any of the following:

NR 662.208(1)(a) (a) Remove all containers of unwanted material from each laboratory on a regular interval, not to exceed 12 months.

NR 662.208(1)(b) (b) Remove containers of unwanted material from each laboratory within 12 months of each container’s accumulation start date.

NR 662.208(2) (2) The eligible academic entity shall specify in part I of its laboratory management plan whether it will comply with sub. (1) (a) or (b) for the regular removal of unwanted material from its laboratories.

NR 662.208(3) (3) The eligible academic entity shall specify in part II of its laboratory management plan how it will comply with sub. (1) (a) or (b) and develop a schedule for regular removals of unwanted material from its laboratories.

NR 662.208(4) (4) An eligible academic entity shall remove containers of unwanted material when volumes are exceeded, using any of the following procedures that are applicable:

NR 662.208(4)(a) (a) If a laboratory accumulates a total volume of unwanted material, including reactive acutely hazardous unwanted material, in excess of 55 gallons before the regularly scheduled removal, the eligible academic entity shall ensure that all containers of unwanted material in the laboratory, including reactive acutely hazardous unwanted material, are:

NR 662.208(4)(a)1. 1. Marked on the label that is associated with the container or on the label that is affixed or attached to the container with the date that 55 gallons is exceeded.

NR 662.208(4)(a)2. 2. Removed from the laboratory within 10 calendar days of the date that 55 gallons was exceeded, or at the next regularly scheduled removal, whichever comes first.

NR 662.208(4)(b) (b) If a laboratory accumulates more than 1 quart of liquid reactive acutely hazardous unwanted material or more than 1 kg of solid reactive acutely hazardous unwanted material before the regularly scheduled removal, then the eligible academic entity shall ensure that all containers of reactive acutely hazardous unwanted material are: