Chapter NR 666

NR 666.112(1)(b) (b) Ore or mineral furnaces. Industrial furnaces subject to s. NR 661.0004 (2) (g) shall process at least 50% by weight normal, nonhazardous raw materials.

NR 666.112(1)(c) (c) Cement kilns. Cement kilns shall process at least 50% by weight normal cement-production raw materials.

NR 666.112(2) (2) The owner or operator demonstrates that the hazardous waste does not significantly affect the residue by demonstrating conformance with either of the following criteria:

NR 666.112(2)(a) (a) Comparison of waste-derived residue with normal residue. The waste-derived residue may not contain ch. NR 661 Appendix VIII constituents (toxic constituents) that could reasonably be attributable to the hazardous waste at concentrations significantly higher than in residue generated without burning or processing of hazardous waste, using the following procedure. Toxic compounds that could reasonably be attributable to burning or processing the hazardous waste (constituents of concern) include toxic constituents in the hazardous waste, and the organic compounds listed in ch. NR 661 Appendix VIII that may be generated as products of incomplete combustion. For polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses shall be performed to determine specific congeners and homologues, and the results converted to 2,3,7,8-TCDD equivalent values using the procedure specified in section 4.0 of ch. NR 666 Appendix IX.

NR 666.112(2)(a)1. 1. ‘Normal residue.’ Concentrations of toxic constituents of concern in normal residue shall be determined based on analyses of a minimum of 10 samples representing a minimum of 10 days of operation. Composite samples may be used to develop a sample for analysis if the compositing period does not exceed 24 hours. The upper tolerance limit (at 95% confidence with a 95% proportion of the sample distribution) of the concentration in the normal residue shall be considered the statistically-derived concentration in the normal residue. If changes in raw materials or fuels reduce the statistically-derived concentrations of the toxic constituents of concern in the normal residue, the statistically-derived concentrations shall be revised or statistically-derived concentrations of toxic constituents in normal residue shall be established for a new mode of operation with the new raw material or fuel. To determine the upper tolerance limit in the normal residue, the owner or operator shall use statistical procedures prescribed in “Statistical Methodology for Bevill Residue Determinations” in ch. NR 666 Appendix IX .

NR 666.112(2)(a)2. 2. ‘Waste-derived residue.’ Waste-derived residue shall be sampled and analyzed as often as necessary to determine whether the residue generated during each 24-hour period has concentrations of toxic constituents that are higher than the concentrations established for the normal residue under subd. 1. If so, hazardous waste burning has significantly affected the residue and the residue may not be excluded from the definition of a hazardous waste. Concentrations of toxic constituents of concern in the waste-derived residue shall be determined based on analysis of one or more samples obtained over a 24-hour period. Multiple samples may be analyzed, and multiple samples may be taken to form a composite sample for analysis if the sampling period does not exceed 24 hours. If more than one sample is analyzed to characterize waste-derived residues generated over a 24-hour period, the concentration of each toxic constituent shall be the arithmetic mean of the concentrations in the samples. No results may be disregarded.

NR 666.112(2)(b) (b) Comparison of waste-derived residue concentrations with health-based limits.

NR 666.112(2)(b)1. 1. ‘Nonmetal constituents.’ The concentration of each nonmetal toxic constituent of concern (specified in par. (a)) in the waste-derived residue may not exceed the health-based level specified in ch. NR 666 Appendix VII, or the level of detection, whichever is higher. If a health-based limit for a constituent of concern is not listed in ch. NR 666 Appendix VII, then a limit of 0.002 micrograms per kilogram or the level of detection (which shall be determined using appropriate analytical methods), whichever is higher, shall be used. The levels specified in ch. NR 666 Appendix VII (and the default level of 0.002 micrograms per kilogram or the level of detection for constituents as identified in Note 1 of ch. NR 666 Appendix VII) are administratively stayed under the condition, for those constituents specified in par. (a), that the owner or operator complies with alternative levels defined as the land disposal restriction limits specified in s. NR 668.43 for F039 nonwastewaters. In complying with those alternative levels, if an owner or operator is unable to detect a constituent despite documenting use of best good-faith efforts as defined by applicable department guidance or standards, the owner or operator is deemed to be in compliance for that constituent. Until new guidance or standards are developed, the owner or operator may demonstrate such good faith efforts by achieving a detection limit for the constituent that does not exceed an order of magnitude above the level provided by s. NR 668.43 for F039 nonwastewaters. In complying with the s. NR 668.43 F039 nonwastewater levels for polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses shall be performed for total hexachlorodibenzo-p-dioxins, total hexachlorodibenzofurans, total pentachlorodibenzo-p-dioxins, total pentachlorodibenzofurans, total tetrachlorodibenzo-p-dioxins and total tetrachlorodibenzofurans.

NR 666.112 Note Note: The administrative stay, under the condition that the owner or operator complies with alternative levels defined as the land disposal restriction limits specified in s. NR 668.43 for F039 nonwastewaters, remains in effect until further administrative action is taken and notice is published in the federal register and the Code of Federal Regulations.

NR 666.112(2)(b)2. 2. ‘Metal constituents.’ The concentration of metals in an extract obtained using the toxicity characteristic leaching procedure of s. NR 661.0024 may not exceed the levels specified in ch. NR 666 Appendix VII.

NR 666.112(2)(b)3. 3. ‘Sampling and analysis.’ Waste-derived residue shall be sampled and analyzed as often as necessary to determine whether the residue generated during each 24-hour period has concentrations of toxic constituents that are higher than the health-based levels. Concentrations of toxic constituents of concern in the waste-derived residue shall be determined based on analysis of one or more samples obtained over a 24-hour period. Multiple samples may be analyzed, and multiple samples may be taken to form a composite sample for analysis if the sampling period does not exceed 24 hours. If more than one sample is analyzed to characterize waste-derived residues generated over a 24-hour period, the concentration of each toxic constituent shall be the arithmetic mean of the concentrations in the samples. No results may be disregarded.

NR 666.112(3) (3) Records sufficient to document compliance with this section shall be retained until closure of the boiler or industrial furnace unit. At a minimum, all of the following shall be recorded:

NR 666.112(3)(a) (a) Levels of constituents in ch. NR 661 Appendix VIII that are present in waste-derived residues.

NR 666.112(3)(b) (b) If the waste-derived residue is compared with normal residue under sub. (2) (a), both of the following:

NR 666.112(3)(b)1. 1. The levels of constituents in ch. NR 661 Appendix VIII that are present in normal residues.

NR 666.112(3)(b)2. 2. Data and information, including analyses of samples as necessary, obtained to determine if changes in raw materials or fuels would reduce the concentration of toxic constituents of concern in the normal residue.

NR 666.112 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; corrections in (2) (a) (intro.), 1., (2) (b) 1., 2. made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (2) (a) (intro.), (b) 1. Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (1) (b), (2) (b) 2. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (b) 2. made under s. 35.17, Stats., Register August 2020 No. 776; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

subch. M of ch. NR 666 Subchapter M — Military Munitions

NR 666.200 NR 666.200 Applicability.

NR 666.200(1) (1) This subchapter identifies when military munitions become a solid waste, and, if these wastes are also hazardous under this subchapter or ch. NR 661, the management standards that apply to these wastes.

NR 666.200(2) (2) Unless otherwise specified in this subchapter, all applicable requirements in chs. NR 660 to 670 apply to waste military munitions.

NR 666.200 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 666.201 NR 666.201 Definitions. The following definitions apply to this subchapter:

NR 666.201(1) (1) “Active range” means a military range that is currently in service and is being regularly used for range activities.

NR 666.201(2) (2) “Chemical agent and munition” means an agent or munition that, through its chemical properties, produces lethal or other damaging effects on human beings, except that the term does not include riot control agents, chemical herbicides, smoke and other obscuration materials.

NR 666.201(3) (3) “DDESB” means the United States department of defense explosives safety board.

NR 666.201(4) (4) “Inactive range” means a military range that is not currently being used, but that is still under military control and considered by the military to be a potential range area, and that has not been put to a new use that is incompatible with range activities.

NR 666.201(5) (5) “Military” means the U.S. department of defense (DOD), U.S. armed services, U.S. coast guard, national guard, U.S. department of energy (DOE), or other parties under contract or acting as an agent for any of them, who handle military munitions.

NR 666.201(6) (6) “Military range” means designated land and water areas set aside, managed and used to conduct research on, develop, test and evaluate military munitions and explosives, other ordnance or weapon systems, or to train military personnel in their use and handling. Ranges include firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas and buffer zones with restricted access and exclusionary areas.

NR 666.201(7) (7) “Unexploded ordnance” or “UXO” means military munitions that have been primed, fused, armed or otherwise prepared for action, and have been fired, dropped, launched, projected or placed in such a manner as to constitute a hazard to operations, installation, personnel or material and remain unexploded either by malfunction, design or any other cause.

NR 666.201 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 666.202 NR 666.202 Definition of solid waste.

NR 666.202(1) (1) A military munition is not a solid waste when either of the following occurs:

NR 666.202(1)(a) (a) It is used for its intended purpose, including any of the following:

NR 666.202(1)(a)1. 1. Use in training military personnel or explosives and munitions emergency response specialists (including training in proper destruction of unused propellant or other munitions).

NR 666.202(1)(a)2. 2. Use in research, development, testing and evaluation of military munitions, weapons or weapon systems.

NR 666.202(1)(a)3. 3. Recovery, collection and on-range destruction of unexploded ordnance and munitions fragments during range clearance activities at active or inactive ranges. However, “use for intended purpose” does not include the on-range disposal or burial of unexploded ordnance and contaminants when the burial is not a result of product use.

NR 666.202(1)(b) (b) It is an unused munition, or component thereof, which is being repaired, reused, recycled, reclaimed, disassembled, reconfigured or otherwise subjected to materials recovery activities, unless the activities involve use constituting disposal as defined in s. NR 661.0002 (3) (a), or burning for energy recovery as defined in s. NR 661.0002 (3) (b).

NR 666.202(2) (2) An unused military munition is a solid waste when any of the following occurs:

NR 666.202(2)(a) (a) The munition is abandoned by being disposed of, burned, detonated (except during intended use as specified in sub. (1)), incinerated or treated prior to disposal.

NR 666.202(2)(b) (b) The munition is removed from storage in a military magazine or other storage area for the purpose of being disposed of, burned, incinerated or treated prior to disposal.

NR 666.202(2)(c) (c) The munition is deteriorated or damaged (e.g., the integrity of the munition is compromised by cracks, leaks or other damage) to the point that it cannot be put into serviceable condition, and cannot reasonably be recycled or used for other purposes.

NR 666.202(2)(d) (d) The munition has been declared a solid waste by an authorized military official.

NR 666.202(3) (3) A used or fired military munition is a solid waste when either of the following occurs:

NR 666.202(3)(a) (a) When it is transported off range or from the site of use, where the site of use is not a range, for the purposes of storage, reclamation, treatment, disposal or treatment prior to disposal.

NR 666.202(3)(b) (b) If it is recovered, collected and then disposed of by burial, or landfilling either on or off a range.

NR 666.202(4) (4) For purposes of s. 289.01 (33), Stats., a used or fired military munition is a solid waste, and, therefore, is potentially subject to corrective action authorities under ss. 291.37, 291.95 and 291.97, Stats., 42 USC 6924 (u) and (v) and 6928 (h), and subch. S of ch. NR 664, or imminent danger authorities under s. 291.85, Stats., or 42 USC 6973 (a), if the munition lands off-range and is not promptly rendered safe or retrieved. Any imminent danger threats associated with any remaining material shall be addressed. If remedial action is infeasible, the operator of the range shall maintain a record of the event for as long as any threat remains. The record shall include the type of munition and its location to the extent the location is known.

NR 666.202 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (b), (4) Register August 2020 No. 776, eff. 9-1-20.

NR 666.203 NR 666.203 Standards applicable to the transportation of solid waste military munitions.

NR 666.203(1) (1) Criteria for hazardous waste regulation of waste non-chemical military munitions in transportation.

NR 666.203(1)(a) (a) Waste military munitions that are being transported and that exhibit a hazardous waste characteristic or are listed as hazardous waste under ch. NR 661, are subject to chs. NR 660 to 670, unless all the following conditions are met:

NR 666.203(1)(a)1. 1. The waste military munitions are not chemical agents or chemical munitions.

NR 666.203(1)(a)2. 2. The waste military munitions are transported in accordance with the U.S. department of defense shipping controls applicable to the transport of military munitions.

NR 666.203(1)(a)3. 3. The waste military munitions are transported from a military owned or operated installation to a military owned or operated treatment, storage or disposal facility.

NR 666.203(1)(a)4. 4. The transporter of the waste provides oral notice to the department within 24 hours from the time the transporter becomes aware of any loss or theft of the waste military munitions, or any failure to meet a condition of this paragraph that may endanger health or the environment. In addition, a written submission describing the circumstances shall be provided within 5 days from the time the transporter becomes aware of any loss or theft of the waste military munitions or any failure to meet a condition of this paragraph.

NR 666.203(1)(b) (b) If any waste military munitions shipped under par. (a) are not received by the receiving facility within 45 days of the day the waste was shipped, the owner or operator of the receiving facility shall report this non-receipt to the department within 5 days.

NR 666.203(1)(c) (c) The exemption in par. (a) from regulation as hazardous waste shall apply only to the transportation of non-chemical waste military munitions. It does not affect the regulatory status of waste military munitions as hazardous wastes with regard to storage, treatment or disposal.

NR 666.203(1)(d) (d) The conditional exemption in par. (a) applies only so long as all of the conditions in par. (a) are met.

NR 666.203(2) (2) Reinstatement of exemption. If any waste military munition loses its exemption under sub. (1) (a), an application may be filed with the department for reinstatement of the exemption from hazardous waste transportation regulation with respect to the munition as soon as the munition is returned to compliance with the conditions of sub. (1) (a). If the department finds that reinstatement of the exemption is appropriate based on factors such as the transporter’s provision of a satisfactory explanation of the circumstances of the violation, or a demonstration that the violations are not likely to recur, the department may reinstate the exemption under sub. (1) (a). If the department does not take action on the reinstatement application within 60 days after receipt of the application, then reinstatement shall be deemed granted, retroactive to the date of the application. However, the department may terminate a conditional exemption reinstated by default in the preceding sentence if the department finds that reinstatement is inappropriate based on factors such as the transporter’s failure to provide a satisfactory explanation of the circumstances of the violation, or failure to demonstrate that the violations are not likely to recur. In reinstating the exemption under sub. (1) (a), the department may specify additional conditions as are necessary to ensure and document proper transportation to protect human health and the environment.

NR 666.203(3) (3) Amendments to DOD shipping controls. The U.S. department of defense shipping controls applicable to the transport of military munitions referenced in sub. (1) (a) 2. are U.S. government bill of lading (GBL) ( U.S. government services administration (GSA) standard form 1103), DOD single line item requisition system document (manual) (DD form 1348), the signature and tally record (DD form 1907), dangerous goods shipping paper/declaration and emergency response information for hazardous materials transported by government vehicles/containers or vessel (DD form 836), and the motor vehicle inspection (transporting hazardous materials) (DD form 626) in effect on November 8, 1995, except as provided in the following sentence. Any amendments to the U.S. department of defense shipping controls shall become effective for purposes of sub. (1) (a) on the date the U.S. department of defense publishes notice in the federal register that the shipping controls referenced in sub. (1) (a) 2. have been amended.

NR 666.203 Note Note: GSA standard form 1103 may be obtained by calling federal supply customer assistance at [phone]. DD forms 626, 836, 1348 and 1907 may be obtained at: http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm.

NR 666.203 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 666.204 NR 666.204 Standards applicable to emergency responses. Explosives and munitions emergencies involving military munitions or explosives are subject to ss. NR 662.010 (9), 663.10 (5), 664.0001 (7) (h), 665.0001 (3) (k) and 670.001 (3) (c), or alternatively to s. NR 670.061.

NR 666.204 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 666.205 NR 666.205 Standards applicable to the storage of solid waste military munitions.

NR 666.205(1) (1) Criteria for hazardous waste regulation of waste non-chemical military munitions in storage.

NR 666.205(1)(a) (a) Waste military munitions in storage that exhibit a hazardous waste characteristic or are listed as hazardous waste under ch. NR 661, are subject to chs. NR 660 to 679, unless all the following conditions are met:

NR 666.205(1)(a)1. 1. The waste military munitions are not chemical agents or chemical munitions.

NR 666.205(1)(a)2. 2. The waste military munitions are subject to the jurisdiction of the DDESB.

NR 666.205(1)(a)3. 3. The waste military munitions are stored in accordance with the DDESB storage standards applicable to waste military munitions.

NR 666.205(1)(a)4. 4. Within 90 days of August 12, 1997 or within 90 days of when a storage unit is first used to store waste military munitions, whichever is later, the owner or operator notifies the department of the location of any waste storage unit used to store waste military munitions for which the conditional exemption in this paragraph is claimed.

NR 666.205(1)(a)5. 5. The owner or operator provides oral notice to the department within 24 hours from the time the owner or operator becomes aware of any loss or theft of the waste military munitions, or any failure to meet a condition of this paragraph that may endanger health or the environment. In addition, a written submission describing the circumstances shall be provided within 5 days from the time the owner or operator becomes aware of any loss or theft of the waste military munitions or any failure to meet a condition of this paragraph.

NR 666.205(1)(a)6. 6. The owner or operator inventories the waste military munitions at least annually, inspects the waste military munitions at least quarterly for compliance with the conditions of this paragraph and maintains records of the findings of these inventories and inspections for at least 3 years.

NR 666.205(1)(a)7. 7. Access to the stored waste military munitions is limited to appropriately trained and authorized personnel.

NR 666.205(1)(b) (b) The conditional exemption in par. (a) from regulation as hazardous waste shall apply only to the storage of non-chemical waste military munitions. It does not affect the regulatory status of waste military munitions as hazardous wastes with regard to transportation, treatment or disposal.

NR 666.205(1)(c) (c) The conditional exemption in par. (a) applies only so long as all of the conditions in par. (a) are met.

NR 666.205(2) (2) Notice of termination of waste storage. The owner or operator shall notify the department when a storage unit identified in sub. (1) (a) 4. will no longer be used to store waste military munitions.

NR 666.205(3) (3) Reinstatement of conditional exemption. If any waste military munition loses its conditional exemption under sub. (1) (a), an application may be filed with the department for reinstatement of the conditional exemption from hazardous waste storage regulation with respect to the munition as soon as the munition is returned to compliance with the conditions of sub. (1) (a). If the department finds that reinstatement of the conditional exemption is appropriate based on factors such as the owner’s or operator’s provision of a satisfactory explanation of the circumstances of the violation, or a demonstration that the violations are not likely to recur, the department may reinstate the conditional exemption under sub. (1) (a). If the department does not take action on the reinstatement application within 60 days after receipt of the application, then reinstatement shall be deemed granted, retroactive to the date of the application. However, the department may terminate a conditional exemption reinstated by default in the preceding sentence if it finds that reinstatement is inappropriate based on factors such as the owner’s or operator’s failure to provide a satisfactory explanation of the circumstances of the violation, or failure to demonstrate that the violations are not likely to recur. In reinstating the conditional exemption under sub. (1) (a), the department may specify additional conditions as are necessary to ensure and document proper storage to protect human health and the environment.

NR 666.205(4) (4) Waste chemical munitions.

NR 666.205(4)(a) (a) Waste military munitions that are chemical agents or chemical munitions and that exhibit a hazardous waste characteristic or are listed as hazardous waste under ch. NR 661, are subject to chs. NR 660 to 670.

NR 666.205(4)(b) (b) Waste military munitions that are chemical agents or chemical munitions and that exhibit a hazardous waste characteristic or are listed as hazardous waste under ch. NR 661, are not subject to the storage prohibition in s. NR 668.50.

NR 666.205(5) (5) Amendments to DDESB storage standards. The DDESB storage standards applicable to waste military munitions, referenced in sub. (1) (a) 3., are DOD 6055.9-STD (”DOD Ammunition and Explosives Safety Standards”), incorporated by reference in s. NR 660.11, except as provided in the following sentence. Any amendments to the DDESB storage standards shall become effective for purposes of sub. (1) (a) on the date the U.S. department of defense publishes notice in the federal register that the DDESB standards referenced in sub. (1) (a) have been amended.

NR 666.205 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) (a) 4. Register July 2017 No. 739, eff. 8-1-17.

NR 666.206 NR 666.206 Standards applicable to the treatment and disposal of waste military munitions. The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural and technical standards in chs. NR 660 to 670.

NR 666.206 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. N of ch. NR 666 Subchapter N — Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal

Terms

NR 666.210 NR 666.210 What definitions apply to this subchapter? In this subchapter:

NR 666.210(1) (1) “Agreement state” means a state that has entered into an agreement with the NRC under 42 USC 2021(b), to assume responsibility for regulating within its borders byproduct, source or special nuclear material in quantities not sufficient to form a critical mass.