NR 664.0001NR 664.0001 Purpose, scope and applicability. NR 664.0001(1)(1) The purpose of this chapter is to establish minimum state standards which define the acceptable management of hazardous waste. NR 664.0001(2)(2) The standards in this chapter apply to owners and operators of all facilities which treat, store or dispose of hazardous waste, except as specifically provided otherwise in this chapter or ch. NR 661. NR 664.0001(3)(3) The requirements of this chapter apply to a person disposing of hazardous waste by means of ocean disposal subject to a permit issued under 33 USC 1401 to 1445. NR 664.0001 NoteNote: This chapter does apply to the treatment or storage of hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea. Title 33 USC 1401 to 1445 is also known as the ocean dumping portion of the federal marine protection, research and sanctuaries act. NR 664.0001(4)(4) The requirements of this chapter apply to a person disposing of hazardous waste by means of underground injection subject to a permit issued under an underground injection control (UIC) program approved or promulgated under 42 USC 300f to 300j-26 only to the extent they are required by 40 CFR 144.14. NR 664.0001 NoteNote: This chapter does apply to the above ground treatment or storage of hazardous waste before it is injected underground. Title 42 USC 300f to 300j-26 is also known as the federal safe drinking water act. NR 664.0001(5)(5) The requirements of this chapter do not apply to the owner or operator of a POTW who treats, stores or disposes of hazardous waste in compliance with s. NR 670.001 (3) (b) 9. NR 664.0001(7)(7) The requirements of this chapter do not apply to any of the following: NR 664.0001(7)(a)(a) The owner or operator of a facility licensed or registered by the department to manage either of the following: NR 664.0001(7)(a)1.1. Municipal or industrial solid waste, if the only hazardous waste the facility disposes of is from very small quantity generators and the facility has been approved by the department to accept hazardous waste from very small quantity generators. NR 664.0001(7)(a)2.2. Household and very small quantity generator waste, if the facility complies with the requirements of ch. NR 666 subch. HH. NR 664.0001 NoteNote: The specific requirements for solid waste landfills accepting hazardous waste from very small quantity generators are contained in s. NR 506.155. Very small quantity generators have the option of ensuring delivery of their hazardous waste to certain solid waste disposal facilities under s. NR 662.014. NR 664.0001(7)(f)(f) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in s. NR 660.10, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 high TOC subcategory defined in s. NR 668.40, the table “Treatment Standards for Hazardous Wastes”), or reactive (D003) waste, to remove the characteristic before land disposal, the owner or operator shall comply with s. NR 664.0017 (2). NR 664.0001(7)(h)1.1. Except as provided in subd. 2., a person engaged in treatment or containment activities during immediate response to any of the following situations: NR 664.0001(7)(h)1.d.d. An immediate threat to human health, public safety, property or the environment, from the known or suspected presence of military munitions, other explosive material or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in s. NR 660.10. NR 664.0001(7)(h)2.2. An owner or operator of a facility otherwise regulated by this chapter shall comply with all applicable requirements of subchs. C and D. NR 664.0001(7)(h)3.3. Any person who is covered by subd. 1. and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this chapter and chs. NR 200 to 210, 212 to 214 and 216 for those activities. NR 664.0001(7)(h)4.4. In the case of an explosives or munitions emergency response, if a federal, state, tribal or local official acting within the scope of that person’s official responsibilities, or an explosives or munitions emergency response specialist, determines that immediate removal of the material or waste is necessary to protect human health or the environment, that official or specialist may authorize the removal of the material or waste by transporters who do not have EPA identification numbers or hazardous waste transportation licenses and without the preparation of a manifest. In the case of emergencies involving military munitions, the responding military emergency response specialist’s organizational unit shall retain records for 3 years identifying the dates of the response, the responsible persons responding, the type and description of material addressed and its disposition. NR 664.0001(7)(i)(i) A transporter storing manifested shipments of hazardous waste in containers meeting the requirements of s. NR 662.030 at a transfer facility for a period of 10 days or less. NR 664.0001(7)(j)(j) The addition of absorbent material to waste in a container (as defined in s. NR 660.10) or the addition of waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container; and ss. NR 664.0017 (2), 664.0171 and 664.0172 are complied with. NR 664.0001(7)(k)(k) Universal waste handlers and universal waste transporters (as defined in s. NR 660.10) handling any of the following wastes. These handlers are regulated under ch. NR 673, when handling any of the following universal wastes: NR 664.0001(7)(m)(m) A reverse distributor accumulating potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals, as defined in s. NR 666.500. Reverse distributors are subject to regulation under subch. P of ch. NR 666 in lieu of this chapter for the accumulation of potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals. NR 664.0001(8)(8) The requirements of this chapter apply to owners or operators of all facilities which treat, store or dispose of hazardous wastes referred to in ch. NR 668. NR 664.0001(9)(9) Section NR 666.205 identifies when the requirements of this chapter apply to the storage of military munitions classified as solid waste under s. NR 666.202. The treatment and disposal of hazardous waste military munitions are subject to the applicable licensing, procedural and technical standards in chs. NR 660 to 670. NR 664.0001(10)(10) The requirements of subchs. B, C and D and s. NR 664.0101 do not apply to remediation waste management sites. (However, some remediation waste management sites may be a part of a facility that is subject to a license issued under s. 291.25, Stats., and ch. NR 670 because the facility is also treating, storing or disposing of hazardous wastes that are not remediation wastes. In these cases, subchs. B, C and D, and s. NR 664.0101 do apply to the facility subject to the license.) Instead of meeting the requirements of subchs. B, C and D, owners or operators of remediation waste management sites shall do all of the following: NR 664.0001(10)(b)(b) Obtain a detailed chemical and physical analysis of a representative sample of the hazardous remediation wastes to be managed at the site. At a minimum, the analysis shall contain all of the information which must be known to treat, store or dispose of the waste according to this chapter and ch. NR 668, and shall be kept accurate and up to date. NR 664.0001(10)(c)(c) Prevent people who are unaware of the danger from entering, and minimize the possibility for unauthorized people or livestock to enter onto the active portion of the remediation waste management site, unless the owner or operator can demonstrate to the department all of the following: NR 664.0001(10)(c)1.1. Physical contact with the waste, structures or equipment within the active portion of the remediation waste management site will not injure people or livestock who may enter the active portion of the remediation waste management site. NR 664.0001(10)(c)2.2. Disturbance of the waste or equipment by people or livestock, who enter onto the active portion of the remediation waste management site, will not cause a violation of the requirements of this chapter. NR 664.0001(10)(d)(d) Inspect the remediation waste management site for malfunctions, deterioration, operator errors and discharges that may be causing, or may lead to, a release of hazardous waste constituents to the environment, or a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment, and shall remedy the problem before it leads to a human health or environmental hazard. Where a hazard is imminent or has already occurred, the owner or operator shall take remedial action immediately. NR 664.0001(10)(e)(e) Provide personnel with classroom or on-the-job training on how to perform their duties in a way that ensures the remediation waste management site complies with the requirements of this chapter, and on how to respond effectively to emergencies. NR 664.0001(10)(f)(f) Take precautions to prevent accidental ignition or reaction of ignitable or reactive waste, and prevent threats to human health and the environment from ignitable, reactive and incompatible waste. NR 664.0001(10)(g)(g) For remediation waste management sites regulated under subchs. I to O and X, design, construct, operate and maintain a unit within a 100-year floodplain to prevent washout of any hazardous waste by a 100-year flood, unless the owner or operator can meet the demonstration of s. NR 664.0018 (2). NR 664.0001(10)(h)(h) Not place any non-containerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave. NR 664.0001(10)(j)(j) Develop and maintain procedures to prevent accidents and a contingency and emergency plan to control accidents that occur. These procedures shall address proper design, construction, maintenance and operation of remediation waste management units at the site. The goal of the plan shall be to minimize the possibility of, and the hazards from 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. The plan shall explain specifically how to treat, store and dispose of the hazardous remediation waste in question, and shall be implemented immediately whenever a fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment occurs. NR 664.0001(10)(k)(k) Designate at least one employee, either on the facility premises or on call (that is, available to respond to an emergency by reaching the facility quickly), to coordinate all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility’s contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan. NR 664.0001 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (7) (k) 3. Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (7) (b), (c), cr. (7) (m) Register August 2020 No 776, eff. 9-1-20; correction in (7) (b) made under s. 35.17, Stats., Register August 2020 No 776; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784. NR 664.0003NR 664.0003 Relationship to interim license standards. A facility owner or operator who has fully complied with the requirements for an interim license, as defined in s. 291.25, Stats., and s. NR 670.070, shall comply with ch. NR 665 in lieu of this chapter, until final administrative disposition of the owner or operator’s operating license application is made, except as provided under subch. S. NR 664.0003 NoteNote: As stated in s. 291.25, Stats., the treatment, storage or disposal of hazardous waste is prohibited except according to a license. Section 291.25(4), Stats., provides for the interim licensing of an existing facility which meets certain conditions until final administrative disposition of the owner’s or operator’s operating license application is made. NR 664.0003 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0004NR 664.0004 Imminent danger action. Notwithstanding any other provisions of this chapter, enforcement actions may be brought pursuant to 42 USC 6973 (a) and s. 291.85, Stats. NR 664.0010(1)(1) This subchapter applies to owners and operators of all hazardous waste facilities, except as provided in s. NR 664.0001 and sub. (2). NR 664.0010 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0011NR 664.0011 Identification number. Every facility owner or operator shall apply to the department for an EPA identification number according to the procedures in s. NR 660.07. NR 664.0011 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0012(1)(1) The owner or operator of a facility that is arranging or has arranged to receive hazardous waste subject to subch. H of ch. NR 662 from a foreign source shall submit all of the following required notices: NR 664.0012(1)(a)(a) In accordance with s. NR 662.084 (2), for imports when the competent authority of the country of export does not require the foreign exporter to submit to it a notification proposing export and obtain consent from EPA and the competent authorities for the countries of transit, the owner or operator of the facility, if acting as the importer, shall provide notification of the proposed transboundary movement in English to EPA using the allowable methods listed in s. NR 662.084 (2) (a) at least 60 days before the first shipment is expected to depart the country of export. The notification may cover up to one year of shipments of wastes having similar physical and chemical characteristics, the same United Nations classification, the same hazardous waste codes and OECD waste codes, and being sent from the same foreign exporter. NR 664.0012(1)(b)(b) In accordance with s. NR 662.084 (4) (b) 15., a copy of the movement document bearing all required signatures within 3 working days of receipt of the shipment to the foreign exporter; to the competent authorities of the countries of export and transit that control the shipment as an export and transit shipment of hazardous waste respectively; and on or after the electronic import-export reporting compliance date, to EPA electronically using EPA’s Waste Import Export Tracking System (WIETS), or its successor system. The original of the signed movement document shall be maintained at the facility for at least 3 years. The owner or operator of a facility may satisfy this recordkeeping requirement by retaining electronically submitted documents in the facility’s account on EPA’s waste import export tracking system, or its successor system, provided that copies are readily available for viewing and production if requested by EPA or by the department. No owner or operator of a facility shall be held liable for the inability to produce the documents for inspection under this paragraph if the owner or operator of a facility can demonstrate that the inability to produce the document is due exclusively to technical difficulty with EPA’s waste import export tracking system, or its successor system for which the owner or operator of a facility bears no responsibility. NR 664.0012(1)(c)(c) In accordance with s. NR 662.084 (6) (d), if the facility has physical control of the waste and it will be sent to an alternate facility or returned to the country of export, the owner or operator of the facility shall inform EPA, using the allowable methods listed in s. NR 662.084 (2) (a) of the need to return or arrange alternate management of the shipment. NR 664.0012(1)(d)1.1. Send copies of the signed and dated confirmation of recovery or disposal, as soon as possible, but no later than 30 days after completing recovery or disposal on the waste in the shipment and no later than one calendar year following receipt of the waste, to the foreign exporter, to the competent authority of the country of export that controls the shipment as an export of hazardous waste, and for shipments recycled or disposed of on or after the electronic import-export reporting compliance date, to EPA electronically using EPA’s Waste Import Export Tracking System or its successor system. NR 664.0012(1)(d)2.2. If the facility performed any of recovery operations R12, R13, or RC16, or disposal operations D13 through D15, or DC17, promptly send copies of the confirmation of recovery or disposal that it receives from the final recovery or disposal facility within one year of shipment delivery to the final recovery or disposal facility that performed one of recovery operations R1 through R11, or RC16, or one of disposal operations D1 through D12, or DC15 to DC16. Copies of the confirmation shall be also be sent to the competent authority of the country of export that controls the shipment as an export of hazardous waste, and on or after the electronic import-export reporting compliance date, to EPA electronically using EPA’s waste import export tracking system, or its successor system. The recovery and disposal operations in this subdivision are defined in s. NR 662.081. NR 664.0012(2)(2) The owner or operator of a facility that receives hazardous waste from an off-site source (except where the owner or operator is also the generator) shall inform the generator in writing that the owner or operator has the appropriate licenses for, and will accept the waste the generator is shipping. The owner or operator shall keep a copy of this written notice as part of the operating record. NR 664.0012(3)(3) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the long-term care period, the owner or operator shall notify the new owner or operator in writing of the requirements of this chapter and ch. NR 670. NR 664.0012 NoteNote: An owner’s or operator’s failure to notify the new owner or operator of the requirements of this chapter in no way relieves the new owner or operator of that person’s obligation to comply with all applicable requirements.
NR 664.0012 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: cr. (1) (intro.), r. and recr. (1) (a), (b), cr. (c), (d) Register August 2020 No 776, eff. 9-1-20; correction in (1) (b) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784. NR 664.0013(1)(a)(a) Before an owner or operator treats, stores or disposes of any hazardous wastes, or nonhazardous wastes if applicable under s. NR 664.0113 (4), the owner or operator shall obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, the analysis shall contain all the information which must be known to treat, store or dispose of the waste according to this chapter and ch. NR 668. NR 664.0013(1)(a)1.1. Chemical and physical samples shall be analyzed by a laboratory certified or registered under ch. NR 149, except for field analyses for pH, specific conductance and temperature. NR 664.0013(1)(b)(b) The analysis may include data developed under ch. NR 661, and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes. NR 664.0013 NoteNote: For example, the facility’s records of analyses performed on the waste before the effective date of these rules, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with par. (a). The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part of the information required by par. (a), except as otherwise specified in s. NR 668.07(2) and (3). If the generator does not supply the information, and the owner or operator chooses to accept a hazardous waste, the owner or operator is responsible for obtaining the information required to comply with this section. NR 664.0013(1)(c)(c) The analysis shall be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the analysis shall be repeated when any of the following occurs: NR 664.0013(1)(c)1.1. The owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous wastes, or non-hazardous wastes if applicable under s. NR 664.0113 (4), has changed. NR 664.0013(1)(c)2.2. For off-site facilities, the results of the inspection required in par. (d) indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper. NR 664.0013(1)(d)(d) The owner or operator of an off-site facility shall inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.
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