Chapter NR 666

NR 666.510(1)(h) (h) Closure of a reverse distributor. When closing an area where a reverse distributor accumulates potentially creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals, the reverse distributor shall comply with s. NR 662.017 (1) (h) 2. and 3.

NR 666.510(1)(i) (i) Reporting by a reverse distributor.

NR 666.510(1)(i)1. 1. ‘Unauthorized waste report.’ A reverse distributor shall submit an unauthorized waste report if the reverse distributor receives waste from off-site that it is not authorized to receive, such as non-pharmaceutical hazardous waste, or regulated medical waste. The reverse distributor shall prepare and submit an unauthorized waste report to the department within 45 calendar days after the unauthorized waste arrives at the reverse distributor and shall send a copy of the unauthorized waste report to the healthcare facility or other entity that sent the unauthorized waste. The reverse distributor shall manage the unauthorized waste in accordance with all applicable regulations. The unauthorized waste report shall be signed by the owner or operator of the reverse distributor, or its authorized representative, and contain all of the following information:

NR 666.510(1)(i)1.a. a. The EPA identification number, name, and address of the reverse distributor.

NR 666.510(1)(i)1.b. b. The date the reverse distributor received the unauthorized waste.

NR 666.510(1)(i)1.c. c. The EPA identification number, name, and address of the healthcare facility that shipped the unauthorized waste, if available.

NR 666.510(1)(i)1.d. d. A description and the quantity of each unauthorized waste the reverse distributor received.

NR 666.510(1)(i)1.e. e. The method of treatment, storage, or disposal for each unauthorized waste.

NR 666.510(1)(i)1.f. f. A brief explanation of why the waste was unauthorized, if known.

NR 666.510(1)(i)2. 2. ‘Additional reports.’ The department may require reverse distributors to furnish additional reports concerning the quantities and disposition of potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals.

NR 666.510(1)(j) (j) Recordkeeping by reverse distributors. The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the department. A reverse distributor shall keep all of the following records, paper or electronic, readily available upon request by an inspector:

NR 666.510(1)(j)1. 1. A copy of its notification on file for as long as the facility is subject to this subchapter.

NR 666.510(1)(j)2. 2. A copy of the delivery confirmation and the shipping papers for each shipment of potentially creditable hazardous waste pharmaceuticals that it receives, and a copy of each unauthorized waste report, for at least 3 years from the date the shipment arrives at the reverse distributor.

NR 666.510(1)(j)3. 3. A copy of its current inventory for as long as the facility is subject to this subchapter.

NR 666.510(2) (2) Additional standards for reverse distributors managing potentially creditable hazardous waste pharmaceuticals destined for another reverse distributor. A reverse distributor that does not have a license or interim status shall comply with all of the following conditions, in addition to the requirements specified in sub. (1), for the management of potentially creditable hazardous waste pharmaceuticals that are destined for another reverse distributor for further evaluation or verification of manufacturer credit:

NR 666.510(2)(a) (a) A reverse distributor that receives potentially creditable hazardous waste pharmaceuticals from a healthcare facility shall send those potentially creditable hazardous waste pharmaceuticals to another reverse distributor within 180 calendar days after the potentially creditable hazardous waste pharmaceuticals have been evaluated or follow sub. (3) for evaluated hazardous waste pharmaceuticals.

NR 666.510(2)(b) (b) A reverse distributor that receives potentially creditable hazardous waste pharmaceuticals from another reverse distributor shall send those potentially creditable hazardous waste pharmaceuticals to a reverse distributor that is a pharmaceutical manufacturer within 180 calendar days after the potentially creditable hazardous waste pharmaceuticals have been evaluated or follow sub. (3) for evaluated hazardous waste pharmaceuticals.

NR 666.510(2)(c) (c) A reverse distributor shall ship potentially creditable hazardous waste pharmaceuticals destined for another reverse distributor in accordance with s. NR 666.509.

NR 666.510(2)(d) (d) The periods of retention referred to in this paragraph are extended automatically during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the department. A reverse distributor shall keep all of the following records, paper or electronic, readily available upon request by an inspector for each shipment of potentially creditable hazardous waste pharmaceuticals that it initiates to another reverse distributor, for at least 3 years from the date of shipment:

NR 666.510(2)(d)1. 1. The confirmation of delivery.

NR 666.510(2)(d)2. 2. The DOT shipping papers prepared in accordance with 49 CFR part 172 subpart C, if applicable

NR 666.510(3) (3) Additional standards for reverse distributors managing evaluated hazardous waste pharmaceuticals. A reverse distributor that does not have a license or interim status shall comply with all of the following conditions, in addition to the requirements of sub. (1), for the management of evaluated hazardous waste pharmaceuticals:

NR 666.510(3)(a) (a) Accumulation area at the reverse distributor. A reverse distributor shall designate an on-site accumulation area where it will accumulate evaluated hazardous waste pharmaceuticals.

NR 666.510(3)(b) (b) Inspections of on-site accumulation area. A reverse distributor shall inspect its on-site accumulation area at least once every 7 calendar days, looking at containers for leaks and for deterioration caused by corrosion or other factors, as well as for signs of diversion.

NR 666.510(3)(c) (c) Personnel training at a reverse distributor. Personnel at a reverse distributor who handle evaluated hazardous waste pharmaceuticals are subject to the training requirements under s. NR 662.017 (1) (g).

NR 666.510(3)(d) (d) Labeling and management of containers at on-site accumulation areas. A reverse distributor accumulating evaluated hazardous waste pharmaceuticals in containers in an on-site accumulation area shall do all of the following:

NR 666.510(3)(d)1. 1. Label the containers with the words, “hazardous waste pharmaceuticals.”

NR 666.510(3)(d)2. 2. Ensure the containers are in good condition and managed to prevent leaks.

NR 666.510(3)(d)3. 3. Use containers that are made of or lined with materials that will not react with, and are otherwise compatible with, the evaluated hazardous waste pharmaceuticals, so that the ability of the container to contain the waste is not impaired.

NR 666.510(3)(d)4. 4. Keep containers closed, if the container is holding liquid or gel evaluated hazardous waste pharmaceuticals. If the liquid or gel evaluated hazardous waste pharmaceuticals are in their original, intact, sealed packaging or repackaged in intact, sealed packaging, they are considered to meet the closed container standard.

NR 666.510(3)(d)5. 5. Manage any container of ignitable or reactive evaluated hazardous waste pharmaceuticals, or any container of commingled incompatible evaluated hazardous waste pharmaceuticals so that the container does not have the potential to do any of the following:

NR 666.510(3)(d)5.a. a. Generate extreme heat or pressure, fire or explosion, or violent reaction.

NR 666.510(3)(d)5.b. b. Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health.

NR 666.510(3)(d)5.c. c. Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions.

NR 666.510(3)(d)5.d. d. Damage the structural integrity of the container of hazardous waste pharmaceuticals.

NR 666.510(3)(d)5.e. e. Through other like means threaten human health or the environment.

NR 666.510(3)(d)6. 6. Accumulate evaluated hazardous waste pharmaceuticals that are prohibited from being combusted because of the dilution prohibition under s. NR 668.03 (3), for example arsenic trioxide (P012), in separate containers from other evaluated hazardous waste pharmaceuticals at the reverse distributor.

NR 666.510(3)(e) (e) Hazardous waste numbers. Prior to shipping evaluated hazardous waste pharmaceuticals off-site, all containers shall be marked with the applicable hazardous waste numbers, or hazardous waste codes. A nationally recognized electronic system, such as bar coding or radio frequency identification, may be used to identify the EPA hazardous waste numbers.

NR 666.510(3)(f) (f) Shipments. A reverse distributor shall ship evaluated hazardous waste pharmaceuticals that are destined for a permitted or interim status treatment, storage, or disposal facility in accordance with the applicable shipping standards specified in s. NR 666.508 (1) or (2).

NR 666.510(3)(g) (g) Procedures for a reverse distributor for managing rejected shipments. A reverse distributor that sends a shipment of evaluated hazardous waste pharmaceuticals to a designated facility with the understanding that the designated facility can accept and manage the waste, and later receives that shipment back as a rejected load in accordance with the manifest discrepancy provisions under s. NR 664.0072 or 665.0072, may accumulate the returned evaluated hazardous waste pharmaceuticals on-site for up to an additional 90 calendar days in the on-site accumulation area provided the rejected or returned shipment is managed in accordance with sub. (1) and this subsection. Upon receipt of the returned shipment, the reverse distributor shall do all of the following:

NR 666.510(3)(g)1. 1. Sign one of the following:

NR 666.510(3)(g)1.a. a. Item 18c of the original manifest, if the original manifest was used for the returned shipment.

NR 666.510(3)(g)1.b. b. Item 20 of the new manifest, if a new manifest was used for the returned shipment.

NR 666.510(3)(g)2. 2. Provide the transporter a copy of the manifest.

NR 666.510(3)(g)3. 3. Within 30 calendar days of receipt of the rejected shipment of the evaluated hazardous waste pharmaceuticals, send a copy of the manifest to the designated facility that returned the shipment to the reverse distributor.

NR 666.510(3)(g)4. 4. Within 90 calendar days of receipt of the rejected shipment, transport or offer for transport the returned shipment of evaluated hazardous waste pharmaceuticals in accordance with the applicable shipping standards under s. NR 666.508 (1) or (2).

NR 666.510(3)(h) (h) Land disposal restrictions. Evaluated hazardous waste pharmaceuticals are subject to the land disposal restrictions under ch. NR 668. A reverse distributor that accepts potentially creditable hazardous waste pharmaceuticals from off-site shall comply with the land disposal restrictions in accordance with s. NR 668.07 (1) requirements.

NR 666.510(3)(i) (i) Reporting by a reverse distributor for evaluated hazardous waste pharmaceuticals.

NR 666.510(3)(i)1. 1. ‘Annual reporting by a reverse distributor.’ A reverse distributor that ships evaluated hazardous waste pharmaceuticals off-site shall prepare and submit a single copy of an annual report to the department by March 1 of each year in accordance with s. NR 662.041.

NR 666.510(3)(i)2. 2. ‘Exception reporting by a reverse distributor for a missing copy of the manifest - shipments from a reverse distributor to a designated facility.’

NR 666.510(3)(i)2.a. a. A reverse distributor who does not receive a copy of the manifest with the signature of the owner or operator of the designated facility within 35 calendar days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter, shall contact the transporter or the owner or operator of the designated facility to determine the status of the evaluated hazardous waste pharmaceuticals.

NR 666.510(3)(i)2.b. b. A reverse distributor shall submit an exception report to the department if it has not received a copy of the manifest with the signature of the owner or operator of the designated facility within 45 calendar days of the date the evaluated hazardous waste pharmaceutical was accepted by the initial transporter. The exception report shall include all of the following:

1) A legible copy of the manifest for which the reverse distributor does not have confirmation of delivery.

2) A cover letter signed by the reverse distributor, or its authorized representative, explaining the efforts taken to locate the evaluated hazardous waste pharmaceuticals and the results of those efforts.

NR 666.510(3)(i)3. 3. ‘Exception reporting by a reverse distributor for a missing copy of the manifest - shipments rejected by the designated facility and shipped to an alternate facility.’

NR 666.510(3)(i)3.a. a. A reverse distributor that does not receive a copy of the manifest with the signature of the owner or operator of the alternate facility within 35 calendar days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter shall contact the transporter or the owner or operator of the alternate facility to determine the status of the hazardous waste. The 35-day time frame begins the date the evaluated hazardous waste pharmaceuticals are accepted by the transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.

NR 666.510(3)(i)3.b. b. A reverse distributor shall submit an exception report to the department if it has not received a copy of the manifest with the signature of the owner or operator of the alternate facility within 45 calendar days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter. The 45-day timeframe begins the date the evaluated hazardous waste pharmaceuticals are accepted by the transporter forwarding the hazardous waste pharmaceutical shipment from the designated facility to the alternate facility. The exception report shall include all of the following:

1) A legible copy of the manifest for which the generator does not have confirmation of delivery.

2) A cover letter signed by the reverse distributor, or its authorized representative, explaining the efforts taken to locate the evaluated hazardous waste pharmaceuticals and the results of those efforts.

NR 666.510(3)(j) (j) Recordkeeping by a reverse distributor for evaluated hazardous waste pharmaceuticals.

NR 666.510(3)(j)1. 1. A reverse distributor shall keep a log, written or electronic, of the inspections of the on-site accumulation area, as required under par. (b). This log shall be retained as a record for at least 3 years from the date of the inspection.

NR 666.510(3)(j)2. 2. A reverse distributor shall keep a copy of each manifest signed in accordance with s. NR 662.023 (1) for 3 years or until it receives a signed copy from the designated facility that received the evaluated hazardous waste pharmaceutical. This signed copy shall be retained as a record for at least 3 years from the date the evaluated hazardous waste pharmaceutical was accepted by the initial transporter.

NR 666.510(3)(j)3. 3. A reverse distributor shall keep a copy of each annual report for at least 3 years from the due date of the report.

NR 666.510(3)(j)4. 4. A reverse distributor shall keep a copy of each exception report for at least 3 years from the submission of the report.

NR 666.510(3)(j)5. 5. A reverse distributor shall keep records to document personnel training, in accordance with s. NR 662.017 (1) (g) 4.

NR 666.510(3)(j)6. 6. All records shall be readily available upon request by an inspector. The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the department.

NR 666.510(4) (4) When a reverse distributor is required to have a license. A reverse distributor is an operator of a hazardous waste treatment, storage, or disposal facility and is subject to the requirements under chs. NR 664, 665, and 667 and the license requirements under ch. NR 670, if the reverse distributor does any of the following:

NR 666.510(4)(a) (a) Does not meet the conditions of this section.

NR 666.510(4)(b) (b) Accepts manifested hazardous waste from off-site.

NR 666.510(4)(c) (c) Treats or disposes of hazardous waste pharmaceuticals on-site.

NR 666.510 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (e) 2., (2) (c), (3) (g) (intro.) made under s. 35.17, Stats., Register August 2020 No. 776.

subch. HH of ch. NR 666 Subchapter HH — Household and Very Small Quantity Generator Hazardous Waste Collection Facilities

NR 666.900 NR 666.900 Applicability. This subchapter establishes minimum design and operating standards for owners or operators of collection facilities that collect or store household hazardous waste or very small quantity generator waste, or both. The owner or operator of a collection facility is exempt from the hazardous waste storage facility standards and licensing requirements in chs. NR 664, 665 and 670 if the owner or operator complies with all applicable requirements of this subchapter.

NR 666.900 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 666.901 NR 666.901 Definitions. The following definitions apply to this subchapter:

NR 666.901(1) (1) “Affected municipality” means a town, city, village or county in which a collection facility is located, or is proposed to be located.

NR 666.901(2) (2) “Collection facility” means a facility established to collect or store household hazardous waste or very small quantity generator waste, or both.

NR 666.901(3) (3) “Elementary neutralization unit” means a container or tank used for neutralizing wastes that are hazardous only because they exhibit the corrosivity characteristic defined in s. NR 661.0022, or they are listed in subch. D of ch. NR 661 only for corrosivity.

NR 666.901(4) (4) “Household hazardous waste” means a household waste that exhibits a characteristic of hazardous waste or is listed in ch. NR 661.

NR 666.901(5) (5) “Permanent collection facility” means a collection facility where household hazardous waste or very small quantity generator waste, or both, is collected or stored for more than 5 consecutive days.

NR 666.901(6) (6) “Temporary collection facility” means a collection facility where household hazardous waste or very small quantity generator waste, or both, is collected or stored for no more than 5 consecutive days.

NR 666.901 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (3) Register August 2020 No. 776, eff. 9-1-20.

NR 666.902 NR 666.902 Standards for design of permanent collection facilities. The owner or operator of a permanent collection facility shall construct and maintain the facility according to all of the following minimum design criteria:

NR 666.902(1) (1) A collection facility may not be located in any of the following:

NR 666.902(1)(a) (a) A flood plain.

NR 666.902(1)(b) (b) A wetland.

NR 666.902(1)(c) (c) A habitat determined by the department to be critical to the continued existence of any threatened or endangered species listed in ch. NR 27.

NR 666.902(2) (2) The maximum amount of hazardous waste stored may not exceed 240,000 pounds (109,091 kg).

NR 666.902(3) (3) All hazardous waste shall be stored in containers in a building completely enclosed with a floor, walls and roof to prevent exposure to the elements, or in an equivalent manner, if approved by the department.