Chapter NR 662

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:

NR 662.208(4)(b)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 1 quart or 1 kg is exceeded.

NR 662.208(4)(b)2. 2. Removed from the laboratory within 10 calendar days of the date that 1 quart or 1 kg was exceeded, or at the next regularly scheduled removal, whichever comes first.

NR 662.208 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.209 NR 662.209 Where and when to make the hazardous waste determination and where to send containers of unwanted material upon removal from the laboratory.

NR 662.209(1) (1) Large quantity generators and small quantity generators. An eligible academic entity shall ensure that a trained professional makes a hazardous waste determination, according to s. NR 662.011, for unwanted material in any of the following areas:

NR 662.209(1)(a) (a) In the laboratory before the unwanted material is removed from the laboratory, in accordance with s. NR 662.210.

NR 662.209(1)(b) (b) Within 4 calendar days of arriving at an on-site central accumulation area, in accordance with s. NR 662.211.

NR 662.209(1)(c) (c) Within 4 calendar days of arriving at an on-site interim status or permitted treatment, storage, or disposal facility, in accordance with s. NR 662.212.

NR 662.209(2) (2) Very small quantity generators. An eligible academic entity shall ensure that a trained professional makes a hazardous waste determination, according to s. NR 662.011 (1) to (4), for unwanted material in the laboratory before the unwanted material is removed from the laboratory, in accordance with s. NR 662.210.

NR 662.209 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.210 NR 662.210 Making the hazardous waste determination in the laboratory before the unwanted material is removed from the laboratory. If an eligible academic entity makes the hazardous waste determination, according to s. NR 662.011 for unwanted material in the laboratory, it shall comply with all of the following:

NR 662.210(1) (1) A trained professional shall make the hazardous waste determination, according to s. NR 662.011 (1) to (4), before the unwanted material is removed from the laboratory.

NR 662.210(2) (2) If an unwanted material is a hazardous waste, the eligible academic entity shall do all of the following:

NR 662.210(2)(a) (a) Write the words “hazardous waste” on the container label that is affixed or attached to the container before the hazardous waste may be removed from the laboratory.

NR 662.210(2)(b) (b) Write the appropriate hazardous waste code on the label that is associated with the container or on the label that is affixed or attached to the container before the hazardous waste is transported off-site.

NR 662.210(2)(c) (c) Count the hazardous waste toward the eligible academic entity’s generator category, according to s. NR 662.013, in the calendar month that the hazardous waste determination was made.

NR 662.210(3) (3) A trained professional shall accompany all hazardous waste that is transferred from the laboratory to an on-site central accumulation area or on-site interim status or permitted treatment, storage, or disposal facility.

NR 662.210(4) (4) When hazardous waste is removed from the laboratory, do any of the following that are applicable:

NR 662.210(4)(a) (a) Large quantity generators and small quantity generators shall ensure the hazardous waste is taken directly from the laboratory to an on-site central accumulation area, or on-site interim status or permitted treatment, storage, or disposal facility, or transported off-site.

NR 662.210(4)(b) (b) A very small quantity generator shall ensure the hazardous waste is taken directly from the laboratory to any of the types of facilities listed in s. NR 662.014.

NR 662.210(5) (5) An unwanted material that is a hazardous waste is subject to all applicable hazardous waste regulations when it is removed from the laboratory.

NR 662.210 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1), (4) (a) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 662.211 NR 662.211 Making the hazardous waste determination at an on-site central accumulation area. If an eligible academic entity makes the hazardous waste determination according to s. NR 662.011 for unwanted material at an on-site central accumulation area, it shall comply with all of the following:

NR 662.211(1) (1) A trained professional shall accompany all unwanted material that is transferred from the laboratory to an on-site central accumulation area.

NR 662.211(2) (2) All unwanted material removed from the laboratory shall be taken directly from the laboratory to the on-site central accumulation area.

NR 662.211(3) (3) The unwanted material becomes subject to the generator accumulation regulations under s. NR 662.016 for small quantity generators or s. NR 662.017 for large quantity generators as soon as it arrives in the central accumulation area, except for the “hazardous waste” labeling conditions under ss. NR 662.016 (2) (f) and 662.017 (1) (e).

NR 662.211(4) (4) A trained professional shall determine, according to s. NR 662.011 (1) to (4), if the unwanted material is a hazardous waste within 4 calendar days of the unwanted materials’ arrival at the on-site central accumulation area.

NR 662.211(5) (5) If the unwanted material is a hazardous waste, the eligible academic entity shall do all of the following:

NR 662.211(5)(a) (a) Write the words “hazardous waste” on the container label that is affixed or attached to the container within 4 calendar days of arriving at the on-site central accumulation area and before the hazardous waste may be removed from the on-site central accumulation area.

NR 662.211(5)(b) (b) Write the appropriate hazardous waste code on the container label that is associated with the container or on the label that is affixed or attached to the container before the hazardous waste may be treated or disposed of on-site or transported off-site.

NR 662.211(5)(c) (c) Count the hazardous waste toward the eligible academic entity’s generator category, according to s. NR 662.013 in the calendar month that the hazardous waste determination was made.

NR 662.211(5)(d) (d) Manage the hazardous waste according to all applicable hazardous waste regulations.

NR 662.211 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (4) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 662.212 NR 662.212 Making the hazardous waste determination at an on-site interim status or permitted treatment, storage or disposal facility. If an eligible academic entity makes the hazardous waste determination, according to s. NR 662.011, for unwanted material at an on-site interim status or permitted treatment, storage, or disposal facility, it shall comply with all of the following:

NR 662.212(1) (1) A trained professional shall accompany all unwanted material that is transferred from the laboratory to an on-site licensed or interim licensed treatment, storage, or disposal facility.

NR 662.212(2) (2) All unwanted material removed from the laboratory shall be taken directly from the laboratory to the on-site licensed or interim licensed treatment, storage, or disposal facility.

NR 662.212(3) (3) The unwanted material becomes subject to the terms of the eligible academic entity’s hazardous waste operating license or interim license as soon as it arrives in the on-site treatment, storage, or disposal facility.

NR 662.212(4) (4) A trained professional shall determine, according to s. NR 662.011 (1) to (4), if the unwanted material is a hazardous waste within 4 calendar days of the unwanted materials’ arrival at the on-site licensed or interim licensed treatment, storage, or disposal facility.

NR 662.212(5) (5) If the unwanted material is a hazardous waste, the eligible academic entity shall do all of the following:

NR 662.212(5)(a) (a) Write the words “hazardous waste” on the container label that is affixed or attached to the container within 4 calendar days of the hazardous waste arriving at the on-site licensed or interim licensed treatment, storage, or disposal facility and before the hazardous waste may be removed from the on-site licensed or interim licensed treatment, storage, or disposal facility.

NR 662.212(5)(b) (b) Write the appropriate hazardous waste code on the container label that is associated with the container or on the label that is affixed or attached to the container before the hazardous waste may be treated or disposed of on-site or transported off-site.

NR 662.212(5)(c) (c) Count the hazardous waste toward the eligible academic entity’s generator category, according to s. NR 662.013 (3) and (4) in the calendar month that the hazardous waste determination was made.

NR 662.212(5)(d) (d) Manage the hazardous waste according to all applicable hazardous waste regulations.

NR 662.212 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (4), (5) (c) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (5) (c) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

NR 662.213 NR 662.213 Laboratory clean-outs.

NR 662.213(1) (1) One time per 12-month period for each laboratory, an eligible academic entity may opt to conduct a laboratory clean-out that is subject to all the applicable requirements of this subchapter, except that:

NR 662.213(1)(a) (a) If the volume of unwanted material in the laboratory exceeds 55 gallons, or 1 quart of liquid reactive acutely hazardous unwanted material, or 1 kg of solid reactive acutely hazardous unwanted material, the eligible academic entity is not required to remove all unwanted materials from the laboratory within 10 calendar days of exceeding 55 gallons, or 1 quart of liquid reactive acutely hazardous unwanted material, or 1 kg or solid reactive acutely hazardous unwanted material, as required under s. NR 662.208. Instead, the eligible academic entity shall remove all unwanted materials from the laboratory within 30 calendar days from the start of the laboratory clean-out.

NR 662.213(1)(b) (b) For the purposes of on-site accumulation, an eligible academic entity is not required to count a hazardous waste that is an unused commercial chemical product that is listed in subch. D of ch. NR 661 or a hazardous waste exhibiting one or more characteristics listed in subch. C of ch. NR 661 that is generated solely during the laboratory clean-out toward its hazardous waste generator category, according to s. NR 662.013. An unwanted material that is generated prior to the beginning of the laboratory clean-out and is still in the laboratory at the time the laboratory clean-out commences shall be counted toward the hazardous waste generator category, according to s. NR 662.013, if it is determined to be hazardous waste.

NR 662.213(1)(c) (c) For the purposes of off-site management, an eligible academic entity shall count all its hazardous waste, regardless of whether the hazardous waste was counted toward generator category under par. (b), and if it generates more than 1 kg/month of acute hazardous waste or more than 100 kg/month of non-acute hazardous waste, the hazardous waste is subject to all applicable hazardous waste regulations when it is transported off-site.

NR 662.213(1)(d) (d) An eligible academic entity shall document the activities of the laboratory clean-out. The documentation shall, at a minimum, identify the laboratory being cleaned out, the date the laboratory clean-out begins and ends, and the volume of hazardous waste generated during the laboratory clean-out. The eligible academic entity shall maintain the records for a period of 3 years from the date the clean-out ends.

NR 662.213(2) (2) For all other laboratory clean-outs conducted during the same 12-month period, an eligible academic entity is subject to all the applicable requirements of this subchapter, including all of the following:

NR 662.213(2)(a) (a) The requirement to remove all unwanted materials from the laboratory within 10 calendar days of exceeding 55 gallons, or 1 quart of reactive acutely hazardous unwanted material, as required under s. NR 662.208.