Chapter NR 666

NR 666.904 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 666.905 NR 666.905 Transportation requirements. An owner or operator of a collection facility shall ensure delivery of all hazardous waste to a licensed hazardous waste treatment, storage or disposal facility, legitimate recycling facility or permanent collection facility, according to the following:

NR 666.905(1) (1) An owner or operator of a collection facility who offers hazardous waste for transportation to a licensed hazardous waste treatment, storage or disposal facility, or recycling facility, shall:

NR 666.905(1)(a) (a) Obtain an EPA ID number, using EPA Form 8700-12.

NR 666.905 Note Note: EPA instructions and notification form 8700-12 may be obtained from: https://www.epa.gov/hwgenerators/instructions-and-form-hazardous-waste-generators-transporters-and-treatment-storage-and.

NR 666.905(1)(b) (b) Package the waste in accordance with the applicable U.S. department of transportation regulations on packaging under 49 CFR parts 173, 178 and 179.

NR 666.905(1)(c) (c) Label each package in accordance with the applicable U.S. department of transportation regulations on hazardous materials under 49 CFR part 172.

NR 666.905(1)(d) (d) Mark each package of hazardous waste in accordance with the applicable U.S. department of transportation regulations on hazardous materials under 49 CFR part 172, and mark each container of 119 gallons or less used in the transportation with the following words and information displayed in accordance with the requirements of 49 CFR 172.304:

“HAZARDOUS WASTE—Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.

Generator’s Name and Address__________.

Generator’s EPA Identification number_______________.

Manifest Tracking Number ____________.”

NR 666.905(1)(e) (e) Ensure the initial transporter has the appropriate placards according to U.S. DOT regulations for hazardous materials under 49 CFR part 172, subpart F.

NR 666.905(1)(f) (f) Use a manifest that consists of at least the number of copies which will provide the collection facility owner or operator, each transporter, the owner or operator of the designated facility, and the department with one copy each for their records and another final, signed copy to be returned to the collection facility owner or operator. Prepare and use a manifest, OMB control number 2050-0039, on EPA form 8700-22, and if necessary, EPA Form 8700–22A, according to the instructions in the appendix to 40 CFR part 262, and the following:

NR 666.905(1)(f)1. 1. For shipments of hazardous waste outside of Wisconsin, submit a copy of each manifest to the department within 30 days of receiving the signed copy from the designated facility.

NR 666.905(1)(f)2. 2. Keep a copy of each manifest signed by the collection facility owner or operator and the initial transporter for 3 years or until facility owner or operator receives a signed copy from the designated hazardous waste facility that received the waste. Retain the final, signed copy of the manifest as a record for at least 3 years from the date the waste was accepted by the initial transporter.

NR 666.905(1)(g) (g) Meet applicable land disposal restrictions standards in s. NR 668.07 (1).

NR 666.905(2) (2) An owner or operator of a collection facility who self-transports hazardous waste off-site to a licensed or permitted hazardous waste treatment, storage or disposal facility, or a recycling facility shall comply with sub. (1) and ch. NR 663, hazardous waste transportation requirements.

NR 666.905 Note Note: Under 49 CFR 171.1 (d) (5), governmental employees who self-transport hazardous materials or hazardous waste are exempt from the DOT hazardous materials requirements (including packaging, labeling, marking, placarding and manifesting) if the transportation is done solely for non-commercial, governmental purposes.

NR 666.905(3) (3) An owner or operator of a collection facility may transport hazardous waste, or offer hazardous waste for transport, to a permanent collection facility without using a hazardous waste manifest or obtaining a transportation license for the purpose of bulking or consolidating waste, if the collection facility owner or operator complies with all of the following requirements prior to transporting the hazardous waste:

NR 666.905(3)(a) (a) Package the waste in accordance with the applicable U.S. department of transportation regulations on packaging under 49 CFR parts 173, 178 and 179.

NR 666.905(3)(b) (b) Label each package in accordance with the applicable U.S. department of transportation regulations on hazardous materials under 49 CFR part 172.

NR 666.905(3)(c) (c) Mark each package of hazardous waste in accordance with the applicable U.S. department of transportation regulations on hazardous materials under 49 CFR part 172, and mark each container of 119 gallons or less used in the transportation with the following words and information displayed in accordance with the requirements of 49 CFR 172.304:

“HAZARDOUS WASTE Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.

Generator’s Name and Address__________.

Generator’s EPA Identification number_______________.

Manifest Tracking Number____________.”

NR 666.905 Note Note: Under 49 CFR 171.1 (d) (5), governmental employees who self-transport hazardous materials or waste are exempt from the DOT hazardous materials requirements (including packaging, labeling, marking, placarding, and manifesting) if the transportation is done solely for non-commercial, governmental purposes.

NR 666.905(3)(d) (d) Use placards if required by U.S. DOT regulations for hazardous materials under 49 CFR part 172, subpart F.

NR 666.905(3)(e) (e) Provide written notification of the waste properties and applicable land disposal restrictions standards to the receiving collection facility.

NR 666.905 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 06-102: am. (1) (f) Register March 2007 No. 615, eff. 4-1-07; CR 16-007: cr. (intro.), am. (1) (intro.), (d), (f) (intro.), (3) (c) Register July 2017 No. 739, eff. 8-1-17.

NR 666.909 NR 666.909 Closure requirements.

NR 666.909(1) (1) Within 5 days of initially accepting hazardous waste, an owner or operator of a temporary collection facility shall close the facility according to all of the following:

NR 666.909(1)(a) (a) Ensure delivery of all hazardous waste to an off-site licensed or permitted hazardous waste treatment, storage or disposal facility, recycling facility, or to a permanent collection facility.

NR 666.909(1)(b) (b) Close the collection facility in a manner that meets all of the following:

NR 666.909(1)(b)1. 1. Minimizes the need for further maintenance.

NR 666.909(1)(b)2. 2. Controls, minimizes or eliminates the escape of hazardous waste, hazardous constituents or contaminated run-off to the ground, surface waters or the atmosphere.

NR 666.909(2) (2) An owner or operator of a permanent collection facility that closes for the season shall close the facility according to all of the following:

NR 666.909(2)(a) (a) Ensure delivery of all hazardous waste to an off-site licensed or permitted hazardous waste treatment, storage or disposal facility, recycling facility, or another permanent collection facility, within 90 days of the last day of accepting waste.

NR 666.909(2)(b) (b) Close the collection facility in a manner that meets all of the following:

NR 666.909(2)(b)1. 1. Minimizes the need for further maintenance.

NR 666.909(2)(b)2. 2. Controls, minimizes or eliminates the escape of hazardous waste, hazardous constituents or contaminated run-off to the ground, surface waters or the atmosphere.

NR 666.909(3) (3) An owner or operator of a permanent collection facility that closes permanently shall close the facility according to all of the following:

NR 666.909(3)(a) (a) The standards in sub. (2) (a) and (b).

NR 666.909(3)(b) (b) All contaminated equipment, structures and soil shall be properly disposed of or decontaminated. By removing all hazardous wastes or hazardous constituents, the owner or operator may become a generator of hazardous waste and shall handle that hazardous waste in accordance with all applicable requirements of ch. NR 662.

NR 666.909(3)(c) (c) Within 60 days of completion of closure, submit a report to the department summarizing the activities performed to meet the requirements in pars. (a) and (b).

NR 666.909 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 666.910 NR 666.910 Financial responsibility requirements for permanent collection facilities that store more than 80,000 pounds (36,364 kg.) of hazardous waste.

NR 666.910(1) (1) The owner or operator shall meet all of the following closure cost estimate requirements prior to storing more than 80,000 pounds of hazardous waste at any time:

NR 666.910(1)(a) (a) Obtain a detailed written estimate, in current dollars, of the cost of final closure of the collection facility as required in s. NR 666.909 (2) (a) and (b).

NR 666.910(1)(b) (b) Calculate the closure cost estimate using the cost of hiring a third party to remove and properly manage the estimated maximum inventory of waste. The quantity of hazardous waste stored at the collection facility shall not exceed the maximum inventory of waste used to calculate the closure cost estimate.

NR 666.910(1)(c) (c) Submit the detailed closure cost estimate to the department with the notification form required under s. NR 666.903 (1).

NR 666.910(1)(d) (d) Adjust the closure cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument(s), as required in s. NR 665.0143, or if any changes are made to the amount of hazardous waste stored. The adjustment may be made by recalculating the closure cost estimate in current dollars, or by using an inflation factor derived from the most recent implicit price deflator for gross domestic product published by the U.S. department of commerce in its Survey of Current Business, as specified in pars. (a) and (b). The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year.

NR 666.910(1)(d)1. 1. The first adjustment shall be made by multiplying the closure cost estimate by the inflation factor. The result is the adjusted closure cost estimate.

NR 666.910(1)(d)2. 2. Subsequent adjustments shall be made by multiplying the latest adjusted closure cost estimate by the latest inflation factor.

NR 666.910(2) (2) The owner or operator shall meet all of the following financial assurance requirements prior to storing more than 80,000 pounds of hazardous waste:

NR 666.910(2)(a) (a) Establish financial assurance for closure of the collection facility, as required in s. NR 665.0143.

NR 666.910(2)(b) (b) Submit proof of financial assurance to the department with the notification form required under s. NR 666.903 (1).

NR 666.910(3) (3) Within 60 days of receipt of the closure summary report required by s. NR 666.909 (3) (c), the department shall notify the owner or operator of one of the following:

NR 666.910(3)(a) (a) Closure is complete and the owner or operator may apply to the department for a release of the proof of financial responsibility.

NR 666.910(3)(b) (b) Additional closure activities are necessary to comply with s. NR 666.909 (3), and proof of financial responsibility shall be maintained.

NR 666.910 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.