Chapter NR 666

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.

NR 666.210(2) (2) “Certified delivery” means certified mail with return receipt requested, or equivalent courier service, or other means, which provides the sender with a receipt confirming delivery.

NR 666.210(3) (3) “Eligible naturally occurring or accelerator-produced radioactive material” or “eligible NARM” is NARM that is eligible for the transportation and disposal conditional exemption. It is a NARM waste that contains hazardous waste, meets the waste acceptance criteria of, and is allowed by state NARM rules to be disposed of at a low-level radioactive waste disposal facility licensed according to 10 CFR part 61 or NRC agreement state equivalent rules.

NR 666.210(4) (4) “Exempted waste” means a waste that meets the eligibility criteria in s. NR 666.225 and meets all of the conditions in s. NR 666.230, or meets the eligibility criteria in s. NR 666.310 and complies with all of the conditions in s. NR 666.315. That waste is conditionally exempted from the regulatory definition of hazardous waste described in s. NR 661.0003.

NR 666.210(5) (5) “Hazardous waste” means any material which is defined to be hazardous waste in accordance with s. NR 661.0003.

NR 666.210(6) (6) “Land disposal restriction treatment standards” or “LDR treatment standards” means treatment standards under ch. NR 668, which a hazardous waste must meet before it can be disposed of in a hazardous waste land disposal unit.

NR 666.210(7) (7) “License” means a license issued by the nuclear regulatory commission, or NRC agreement state, to users that manage radionuclides regulated by NRC, or NRC agreement states, under authority of 42 USC 2011 to 2297.

NR 666.210(8) (8) “Low-level mixed waste” or “LLMW” is a waste that contains both low-level radioactive waste and hazardous waste.

NR 666.210(9) (9) “Low-level radioactive waste” or “LLRW” is a radioactive waste which contains source, special nuclear or byproduct material, and which is not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel or byproduct material as defined in 42 USC 2014(e)(2). (See also NRC definition of ”waste” at 10 CFR 61.2)

NR 666.210(10) (10) “Mixed waste” means a waste that contains both hazardous waste and source, special nuclear or byproduct material subject to 42 USC 2011 to 2297.

NR 666.210(11) (11) “Naturally occurring or accelerator-produced radioactive material” or “NARM” means radioactive materials that are either of the following:

NR 666.210(11)(a) (a) Naturally occurring and not source, special nuclear or byproduct materials (as defined by 42 USC 2011 to 2297).

NR 666.210(11)(b) (b) Produced by an accelerator. NARM is regulated by the states under state law, or by the U.S. department of energy (DOE) (as authorized by 42 USC 2011 to 2297) under DOE orders.

NR 666.210(12) (12) “NRC” means the U.S. nuclear regulatory commission.

NR 666.210(13) (13) “We or us” within this subchapter, means the department as defined in s. NR 660.10.

NR 666.210(14) (14) “You” means a generator, treater or other handler of low-level mixed waste or eligible NARM.

NR 666.210 Note Note: The U.S. code (USC) cite is also known as the Atomic Energy Act of 1954, as amended.

NR 666.210 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (4), (5) Register August 2020 No. 776, eff. 9-1-20.

Storage and Treatment Conditional Exemption and Eligibility

NR 666.220 NR 666.220 What does a storage and treatment conditional exemption do? The storage and treatment conditional exemption exempts your low-level mixed waste from the regulatory definition of hazardous waste in s. NR 661.0003 if your waste meets the eligibility criteria in s. NR 666.225 and you meet the conditions in s. NR 666.230.

NR 666.220 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. Register August 2020 No. 776, eff. 9-1-20.

NR 666.225 NR 666.225 What wastes are eligible for the storage and treatment conditional exemption? Low-level mixed waste (LLMW), defined in s. NR 666.210, is eligible for this conditional exemption if it is generated and managed by you under a single NRC or NRC agreement state license. (Mixed waste generated at a facility with a different license number and shipped to your facility for storage or treatment requires a hazardous waste operating license and is ineligible for this exemption. In addition, NARM waste is ineligible for this exemption.)

NR 666.225 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 666.230 NR 666.230 What conditions must you meet for your LLMW to qualify for and maintain a storage and treatment exemption?

NR 666.230(1) (1) For your LLMW to qualify for the exemption you shall notify us in writing by certified delivery that you are claiming a conditional exemption for the LLMW stored on your facility. The dated notification shall include your name, address, EPA hazardous waste identification number, NRC or NRC agreement state license number, the hazardous waste codes and storage units for which you are seeking an exemption and a statement that you meet the conditions of this subchapter. Your notification shall be signed by your authorized representative who certifies that the information in the notification is true, accurate and complete. You shall notify us of your claim either within 90 days of August 1, 2006, or within 90 days of when a storage unit is first used to store conditionally exempt LLMW.

NR 666.230(2) (2) To qualify for and maintain an exemption for your LLMW you shall do all of the following:

NR 666.230(2)(a) (a) Store your LLMW waste in tanks or containers in compliance with the requirements of your NRC or NRC agreement state license that apply to the proper storage of low-level radioactive waste (not including those license requirements that relate solely to recordkeeping).

NR 666.230(2)(b) (b) Store your LLMW in tanks or containers in compliance with chemical compatibility requirements of a tank or container in s. NR 664.0177 or 664.0199, or s. NR 665.0177 or 665.0199.

NR 666.230(2)(c) (c) Certify that facility personnel who manage stored conditionally exempt LLMW are trained in a manner that ensures that the conditionally exempt waste is safely managed and includes training in chemical waste management and hazardous materials incidents response that meets the personnel training standards found in s. NR 665.0016 (1) (c).

NR 666.230(2)(d) (d) Conduct an inventory of your stored conditionally exempt LLMW at least annually and inspect it at least quarterly for compliance with this subchapter.

NR 666.230(2)(e) (e) Maintain an accurate emergency plan and provide it to all local authorities who may have to respond to a fire, explosion or release of hazardous waste or hazardous constituents. Your plan shall describe emergency response arrangements with local authorities; describe evacuation plans; list the names, addresses and telephone numbers of all facility personnel qualified to work with local authorities as emergency coordinators and list emergency equipment.

NR 666.230 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

Treatment

NR 666.235 NR 666.235 What waste treatment does the storage and treatment conditional exemption allow? You may treat your low-level mixed waste at your facility within a tank or container in accordance with the terms of your NRC or NRC agreement state license. Treatment that cannot be done in a tank or container without a hazardous waste operating license (such as incineration) is not allowed under this exemption.

NR 666.235 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

Loss of Conditional Exemption

NR 666.240 NR 666.240 How could you lose the conditional exemption for your LLMW and what action must you take?

NR 666.240(1) (1) Your LLMW will automatically lose the storage and treatment conditional exemption if you fail to meet any of the conditions specified in s. NR 666.230. When your LLMW loses the exemption, you shall immediately manage that waste which failed the condition as hazardous waste under chs. NR 660 to 670, and the storage unit storing the LLMW immediately becomes subject to hazardous waste container or tank storage requirements under subch. I of ch. NR 664 or subch. J of ch. NR 664.

NR 666.240(1)(a) (a) If you fail to meet any of the conditions specified in s. NR 666.230 you shall report to us and the NRC, or the oversight agency in the NRC agreement state, in writing by certified delivery within 30 days of learning of the failure. Your report shall be signed by your authorized representative certifying that the information provided is true, accurate and complete. This report shall include all of the following:

NR 666.240(1)(a)1. 1. The specific conditions you failed to meet.

NR 666.240(1)(a)2. 2. A description of the LLMW (including the waste name, hazardous waste codes and quantity) and storage location at the facility.

NR 666.240(1)(a)3. 3. The dates on which you failed to meet the condition.

NR 666.240(1)(b) (b) If the failure to meet any of the conditions may endanger human health or the environment, you shall also immediately notify us orally within 24 hours and follow up with a written notification within 5 days. Failures that may endanger human health or the environment include, but are not limited to, discharge of a CERCLA reportable quantity or other leaking or exploding tanks or containers, or detection of radionuclides above background or hazardous constituents in the leachate collection system of a storage area. If the failure may endanger human health or the environment, you shall follow the provisions of your emergency plan.

NR 666.240(2) (2) We may terminate your conditional exemption for your LLMW, or require you to meet additional conditions to claim a conditional exemption, for serious or repeated noncompliance with any requirements of this subchapter.

NR 666.240 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.