Chapter NR 665

NR 665.0056(4)(b)5. 5. The extent of injuries, if any.

NR 665.0056(4)(b)6. 6. The possible hazards to human health or the environment, outside the facility.

NR 665.0056(5) (5) During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions and releases do not occur, recur or spread to other hazardous waste at the facility. These measures shall include, where applicable, stopping processes and operations, collecting and containing released waste and removing or isolating containers.

NR 665.0056(6) (6) If the facility stops operations in response to a fire, explosion or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation or ruptures in valves, pipes or other equipment, wherever this is appropriate.

NR 665.0056(7) (7) Immediately after an emergency, the emergency coordinator shall provide for treating, storing or disposing of recovered waste, contaminated soil or surface water or any other material that results from a release, fire or explosion at the facility.

NR 665.0056 Note Note: Unless the owner or operator can demonstrate, according to s. NR 661.0003 (3) or (4), that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it according to all applicable requirements of chs. NR 662 and 663 and this chapter.

NR 665.0056(8) (8) The emergency coordinator shall ensure all of the following, in the affected areas of the facility:

NR 665.0056(8)(a) (a) No waste that may be incompatible with the released material is treated, stored or disposed of until cleanup procedures are completed.

NR 665.0056(8)(b) (b) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

NR 665.0056(9) (9) The owner or operator shall note in the operating record the time, date and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the owner or operator shall submit a written report on the incident to the department. The report shall include all of the following:

NR 665.0056(9)(a) (a) Name, address and telephone number of the owner or operator.

NR 665.0056(9)(b) (b) Name, address and telephone number of the facility.

NR 665.0056(9)(c) (c) Date, time and type of incident (e.g., fire, explosion).

NR 665.0056(9)(d) (d) Name and quantity of materials involved.

NR 665.0056(9)(e) (e) The extent of injuries, if any.

NR 665.0056(9)(f) (f) An assessment of actual or potential hazards to human health or the environment, where this is applicable.

NR 665.0056(9)(g) (g) Estimated quantity and disposition of recovered material that resulted from the incident.

NR 665.0056 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: r. (9), renum. (10) to (9) Register July 2017 No. 739, eff. 8-1-17.

subch. E of ch. NR 665 Subchapter E — Manifest System, Recordkeeping and Reporting

NR 665.0070 NR 665.0070 Applicability. This subchapter applies to owners and operators of both on-site and off-site facilities, except as s. NR 665.0001 provides otherwise. Sections NR 665.0071, 665.0072 and 665.0076 do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources, and to owners and operators of off-site facilities with respect to waste military munitions exempted from manifest requirements under s. NR 666.203 (1).

NR 665.0070 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0071 NR 665.0071 Use of manifest system.

NR 665.0071(1) (1) 

NR 665.0071(1)(a) (a) If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or an agent, shall sign and date each copy of the manifest as indicated in par. (b) to certify that the hazardous waste covered by the manifest was received, that the hazardous waste was received except as noted in the discrepancy space of the manifest, or that the hazardous waste was rejected as noted in the manifest discrepancy space.

NR 665.0071(1)(b) (b) If a facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator or an agent shall do all of the following:

NR 665.0071(1)(b)1. 1. Sign and date each copy of the manifest.

NR 665.0071(1)(b)2. 2. Note any discrepancies, as defined in s. NR 665.0072 (1), on each copy of the manifest.

NR 665.0071(1)(b)3. 3. Immediately give the transporter at least one copy of the manifest.

NR 665.0071(1)(b)4. 4. Within 30 days of delivery, send a copy of page 2 of the manifest to the generator.

NR 665.0071(1)(b)5. 5. Submit paper manifests according to all the following requirements:

NR 665.0071(1)(b)5.a. a. Beginning on June 30, 2018, send page 1 of any paper manifest and any paper continuation sheet to the e-manifest system for purposes of data entry and processing, or in lieu of submitting the paper copy to EPA, the owner or operator may transmit to the EPA system an image file of page 1 of the manifest and any continuation sheet, or both a data file and image file corresponding to page 1 of the manifest and any continuation sheet, within 30 days of the date of delivery. Submissions of copies to the e-manifest system shall be made at the mailing address or electronic mail submission address specified at the e-manifest program website’s directory of services. Beginning on June 30, 2021, EPA will not accept mailed paper manifests from facilities for processing in e-manifest.

NR 665.0071(1)(b)5.b. b. Beginning on June 30, 2021, the requirement to submit page 1 of the paper manifest and any paper continuation sheet to the e-manifest system for purposes of data entry and processing may be met by the owner or operator only by transmitting to the EPA system an image file of page 1 of the manifest and any continuation sheet, or by transmitting to the EPA system both a data file and the image file corresponding to page 1 of the manifest and any continuation sheet, within 30 days of the date of delivery. Submissions of copies to the e-manifest system shall be made to the electronic mail submission address specified at the e-manifest program website’s directory of services. 

NR 665.0071(1)(b)6. 6. Retain at the facility a copy of each manifest for at least 3 years from the date of delivery.

NR 665.0071(1)(c) (c) The owner or operator of a facility that receives hazardous waste subject to subch. H of ch. NR 662 from a foreign source shall do all of the following:

NR 665.0071(1)(c)1. 1. Additionally list the relevant consent number from consent documentation supplied by EPA to the facility for each waste listed on the manifest, matched to the relevant list number for the waste from block 9b. If additional space is needed, the owner or operator should use a continuation sheet, EPA Form 8700-22A.

NR 665.0071(1)(c)2. 2. Send a copy of the manifest within 30 days of delivery to EPA using the addresses listed in s. NR 662.082 (5) until the facility can submit such a copy to the e-manifest system under par. (b) 5.

NR 665.0071(2) (2) If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator’s certification and signatures), the owner or operator, or an agent, shall do all of the following:

NR 665.0071(2)(a) (a) Sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that the hazardous waste covered by the manifest or shipping paper was received.

NR 665.0071(2)(b) (b) Note any significant discrepancies (as defined in s. NR 665.0072 (1)) in the manifest or shipping paper (if the manifest has not been received) on each copy of the manifest or shipping paper.

NR 665.0071 Note Note: The department does not intend that the owner or operator of a facility whose procedures under s. NR 665.0013(3) include waste analysis shall perform that analysis before signing the shipping paper and giving it to the transporter. Section NR 665.0072(2), however, requires reporting an unreconciled discrepancy discovered during later analysis.

NR 665.0071(2)(c) (c) Immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper (if the manifest has not been received).

NR 665.0071(2)(d) (d) Within 30 days after the delivery, send a copy of the signed and dated manifest or a signed and dated copy of the shipping paper (if the manifest has not been received within 30 days after delivery) to the generator and, within 45 days, send one copy of the manifest to the department in an electronic format specified by the department.

NR 665.0071 Note Note: Section NR 662.023 (3) requires the generator to send 3 copies of the manifest to the facility when hazardous waste is sent by rail or water (bulk shipment).

NR 665.0071(2)(e) (e) Retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of delivery) for at least 3 years from the date of delivery.

NR 665.0071(2)(f) (f) Pay a manifest fee for each manifest submitted, as designated in ch. NR 670 Appendix II. The department will bill each facility annually for accumulated manifest review fees.

NR 665.0071(3) (3) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility shall comply with the requirements under ch. NR 662. The provisions under ss. NR 662.015, 662.016, and 662.017 are applicable to the on-site accumulation of hazardous wastes by generators. Therefore, the provisions under ss. NR 662.015, 662.016, and 662.017 only apply to owners or operators who are shipping hazardous waste which they generated at that facility or operating as a large quantity generator consolidating hazardous waste from very small quantity generators under s. NR 662.017 (6).

NR 665.0071(4) (4) In accordance with s. NR 662.084 (4) (b) 15., within 3 working days of the receipt of a shipment subject to subch. H of ch. NR 662, the owner or operator of a facility shall provide a copy of the movement document bearing all required signatures to the foreign exporter; to the competent authorities of the countries of export and transit that control the shipment as an export and transit 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, or its successor system. The original copy of the movement document shall be maintained at the facility for at least 3 years from the date of signature. 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 any EPA or department. No owner or operator of a facility shall be held liable for the inability to produce the documents for inspection under this section 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 665.0071(5) (5) The owner or operator of a facility shall determine whether the consignment state for a shipment regulates any additional wastes (beyond those regulated federally) as hazardous wastes under its state hazardous waste program. The owner or operator of a facility shall also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states.

NR 665.0071(6) (6) An electronic manifest that is obtained, completed, and transmitted in accordance with s. NR 662.020 (1) (c), and used in accordance with this paragraph in lieu of the paper manifest form is the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfies for all purposes any requirement in these regulations to obtain, complete, sign, provide, use, or retain a manifest. Legal equivalence to paper manifests include the following:

NR 665.0071(6)(a) (a) Any requirement for the owner or operator of a facility 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 (a) and s. NR 662.025 (1).

NR 665.0071(6)(b) (b) Any requirement to give, provide, send, forward, or to return to another person a copy of the manifest is satisfied when a copy of an electronic manifest is transmitted to the other person.

NR 665.0071(6)(c) (c) Any requirement for a manifest to accompany a hazardous waste shipment is satisfied when a copy of an electronic manifest is accessible during transportation and forwarded to the person or persons who are scheduled to receive delivery of the waste shipment.

NR 665.0071(6)(d) (d) Any requirement for an owner or operator to keep or retain a copy of each manifest is satisfied by the retention of the facility’s electronic manifest copies in its account on the e-manifest system, provided that the copies are readily available for viewing and production if requested by the department.

NR 665.0071(6)(e) (e) No owner or operator may be held liable for the inability to produce an electronic manifest for inspection under this section if the owner or operator can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with EPA’s electronic manifest system for which the owner or operator bears no responsibility.

NR 665.0071(7) (7) An owner or operator may participate in the electronic manifest system either by accessing the electronic manifest system from the owner’s or operator’s electronic equipment, or by accessing the electronic manifest system from portable equipment brought to the owner’s or operator’s site by the transporter who delivers the waste shipment to the facility.

NR 665.0071(8) (8) If a facility receives hazardous waste that is accompanied by a paper replacement manifest for a manifest that was originated electronically, all of the following procedures apply to the delivery of the hazardous waste by the final transporter:

NR 665.0071(8)(a) (a) Upon delivery of the hazardous waste to the designated facility, the owner or operator shall sign and date each copy of the paper replacement manifest by hand in Item 20, designated facility certification of receipt, and note any discrepancies in Item 18, discrepancy indication space, of the paper replacement manifest.

NR 665.0071(8)(b) (b) The owner or operator of the facility shall return one copy of the paper replacement manifest to the final transporter.

NR 665.0071(8)(c) (c) Within 30 days of delivery of the waste to the designated facility, the owner or operator of the facility shall send one signed and dated copy of the paper replacement manifest to the generator, and send an additional signed and dated copy of the paper replacement manifest to the electronic manifest system.

NR 665.0071(8)(d) (d) The owner or operator of the facility shall retain at the facility one copy of the paper replacement manifest for at least 3 years from the date of delivery.

NR 665.0071(9) (9) If an owner or operator using an electronic manifest signs the manifest electronically using an electronic signature method which is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the owner or operator shall also sign with an ink signature the facility’s certification of receipt or discrepancies on the printed copy of the manifest provided by the transporter.  Upon executing its ink signature on the printed copy, the owner or operator shall retain the original copy among its records for at least 3 years from the date of delivery of the waste.

NR 665.0071(10) (10) 

NR 665.0071(10)(a) (a) As prescribed in 40 CFR 265.1311, and determined in 40 CFR 265.1312, an owner or operator who is a user of the electronic manifest system shall be assessed a user fee by EPA for the submission and processing of each electronic and paper manifest. EPA shall update the schedule of user fees and publish them to the user community, as provided in 40 CFR 265.1313.

NR 665.0071(10)(b) (b) An owner or operator subject to user fees under this section shall make user fee payments in accordance with the requirements of 40 CFR 265.1314, subject to the informal fee dispute resolution process of 40 CFR 265.1316, and subject to the sanctions for delinquent payments under 40 CFR 265.1315.

NR 665.0071(11) (11) Electronic manifest signatures shall meet the criteria described in 40 CFR 262.25 and s. NR 662.025.

NR 665.0071(12) (12) After facilities have 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, for example the waste handler, shown on the manifest. The person submitting the corrections shall do all of the following:

NR 665.0071(12)(a) (a) Interested persons must make all corrections to manifest data by electronic submission, either by directly entering corrected data to the web-based service provided in e-manifest for the corrections, or by an upload of a data file containing data corrections relating to one or more previously submitted manifests.

NR 665.0071(12)(b) (b) Each correction submission shall include all of the following information:

NR 665.0071(12)(b)1. 1. The Manifest Tracking Number and date of receipt by the facility of the original manifest for which data are being corrected.

NR 665.0071(12)(b)2. 2. The item numbers of the original manifest that is the subject of the submitted corrections.

NR 665.0071(12)(b)3. 3. For each item number with corrected data, the data previously entered and the corresponding data as corrected by the correction submission.

NR 665.0071(12)(c) (c) Each correction submission shall include a statement that the person submitting the corrections certifies that to the best of his or her knowledge or belief, the corrections that are included in the submission will cause the information reported about the previously received hazardous wastes to be true, accurate, and complete in accordance with all of the following:

NR 665.0071(12)(c)1. 1. The certification statement must be executed with a valid electronic signature.

NR 665.0071(12)(c)2. 2. A batch upload of data corrections may be submitted under one certification statement.

NR 665.0071(12)(d) (d) Upon receipt by the system of any correction submission, other interested persons shown on the manifest will be provided electronic notice of the submitter’s corrections.

NR 665.0071(12)(e) (e) Other interested persons shown on the manifest may respond to the submitter’s corrections with comments to the submitter, or by submitting another correction to the system, certified by the respondent as specified in par. (c), and with notice of the corrections to other interested persons shown on the manifest.

NR 665.0071 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 06-102: am. Register March 2007 No. 615, eff. 4-1-07; corrections in (1) (b) 6., (2) (f) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 19-082: am. (1) (b) 1., 4., r. and recr. (1) (b) 5., 6., (c), (3) and (4), cr. (6) to (12) Register August 2020 No. 776, eff. 9-1-20; correction in (1) (b) 6., (3), (6) (intro.), (9), (12) (b) 1. made under s. 35.17, Stats., Register August 2020 No. 776.

NR 665.0072 NR 665.0072 Manifest discrepancies.

NR 665.0072(1) (1) Manifest discrepancies are:

NR 665.0072(1)(a) (a) Significant differences, as defined by sub. (2), between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quantity or type of hazardous waste a facility actually receives.

NR 665.0072(1)(b) (b) Rejected wastes, which may be a full or partial shipment of hazardous waste that the treatment, storage or disposal facility cannot accept.

NR 665.0072(1)(c) (c) Container residues, which are residues that exceed the quantity limits for empty containers set forth in s. NR 661.0007 (2).

NR 665.0072(2) (2) Significant discrepancies in quantity are, for bulk waste, variations greater than 10% in weight, and for batch waste, any variation in piece count, such as a discrepancy of one drum in a truckload. Significant discrepancies in type are obvious differences which can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid or toxic constituents not reported on the manifest or shipping paper.

NR 665.0072(3) (3) Upon discovering a significant discrepancy, the owner or operator shall attempt to reconcile the discrepancy with the waste generator or transporter (e.g., with telephone conversations). If the discrepancy is not resolved within 15 days after receiving the waste, the owner or operator shall immediately submit to the department a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue.

NR 665.0072(4) (4) 

NR 665.0072(4)(a) (a) Upon rejecting waste or identifying a container residue that exceeds the quantity limits for empty containers set forth in s. NR 661.0007 (2), the facility owner or operator shall consult with the generator prior to forwarding the waste to another facility that can manage the waste. If it is impossible to locate an alternative facility that can receive the waste, the facility owner or operator may return the rejected waste or residue to the generator.  The facility owner or operator shall send the waste to the alternative facility or to the generator within 60 days of the rejection or the container residue identification.

NR 665.0072(4)(b) (b) While the facility owner or operator is making arrangements for forwarding rejected wastes or residues to another facility under this section, it shall ensure that either the delivering transporter retains custody of the waste, or the facility owner or operator shall provide for secure, temporary custody of the waste, pending delivery of the waste to the first transporter designated on the manifest prepared under sub. (5) or (6).

NR 665.0072(5) (5) Except as provided in par. (g), for full or partial load rejections and residues that are to be sent off-site to an alternate facility, the facility owner or operator shall prepare a new manifest in accordance with s. NR 662.020 (1) and the following instructions:

NR 665.0072(5)(a) (a) Write the generator’s EPA ID number in Item 1 of the new manifest. Write the generator’s name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator’s site address, then write the generator’s site address in the designated space for Item 5.