Chapter NR 668

NR 668.02(3) (3) “Land disposal” means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.

NR 668.02(4) (4) “Nonwastewaters” means wastes that do not meet the criteria for wastewaters in s. NR 668.02 (6).

NR 668.02(5) (5) “Polychlorinated biphenyls” or “PCBs” means halogenated organic compounds defined in accordance with 40 CFR 761.3.

NR 668.02(6) (6) “Wastewaters” means wastes that contain less than one % by weight total organic carbon (TOC) and less than one% by weight total suspended solids (TSS).

NR 668.02(7) (7) “Debris” means solid material exceeding a 60 mm particle size that is intended for disposal and that is a manufactured object; or plant or animal matter; or natural geologic material. However, the following materials are not debris: any material for which a specific treatment standard is provided in subch. D, namely lead acid batteries, cadmium batteries, and radioactive lead solids; process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and intact containers of hazardous waste that are not ruptured and that retain at least 75% of their original volume. A mixture of debris that has not been treated to the standards provided by s. NR 668.45 and other material is regulated as debris if the mixture is comprised primarily of debris, by volume, based on visual inspection.

NR 668.02(8) (8) “Hazardous debris” means debris that contains a hazardous waste listed in subch. D of ch. NR 661, or that exhibits a characteristic of hazardous waste identified in subch. C of ch. NR 661. Any deliberate mixing of prohibited hazardous waste with debris that changes its treatment classification, for example, from waste to hazardous debris, is not allowed under the dilution prohibition in s. NR 668.03.

NR 668.02(9) (9) “Underlying hazardous constituent” means any constituent listed in s. NR 668.48, Table UTS—Universal Treatment Standards, except fluoride, selenium, sulfides, vanadium, and zinc, which can reasonably be expected to be present at the point of generation of the hazardous waste at a concentration above the constituent-specific UTS treatment standards.

NR 668.02(10) (10) “Inorganic metal-bearing waste” means waste for which EPA has established treatment standards for metal hazardous constituents, and which does not otherwise contain significant organic or cyanide content as described in s. NR 668.03 (3) (a), and is specifically listed in ch. NR 668 Appendix XI.

NR 668.02(11) (11) “Soil” means unconsolidated earth material composing the superficial geologic strata (material overlying bedrock), consisting of clay, silt, sand, or gravel size particles as classified by the U.S. natural resources conservation service, or a mixture of such materials with liquids, sludges or solids which is inseparable by simple mechanical removal processes and is made up primarily of soil by volume based on visual inspection. Any deliberate mixing of prohibited hazardous waste with soil that changes its treatment classification, for example, from waste to contaminated soil, is not allowed under the dilution prohibition in s. NR 668.03.

NR 668.02 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 668.03 NR 668.03 Dilution prohibited as a substitute for treatment.

NR 668.03(1) (1) Except as provided in sub. (2), no generator, transporter, handler, or owner or operator of a treatment, storage, or disposal facility may in any way dilute a restricted waste or the residual from treatment of a restricted waste as a substitute for adequate treatment to achieve compliance with subch. D, to circumvent the effective date of a prohibition in subch. C, to otherwise avoid a prohibition in subch. C, or to circumvent a land disposal prohibition imposed by 42 USC 6924.

NR 668.03(2) (2) Dilution of wastes that are hazardous only because they exhibit a characteristic in treatment systems which include land-based units which treat wastes subsequently discharged to a water of the State pursuant to a permit issued under section s. 283.31, Stats., or which treat wastes in a CWA-equivalent treatment system, or which treat wastes for the purposes of pretreatment requirements under ss. 283.11 and 283.21, Stats., is not impermissible dilution for purposes of this section unless a method other than DEACT has been specified in s. NR 668.40 as the treatment standard, or unless the waste is a D003 reactive cyanide wastewater or nonwastewater.

NR 668.03(3) (3) Combustion of the hazardous waste codes listed in ch. NR 668 Appendix XI is prohibited, unless the waste, at the point of generation, or after any bona fide treatment such as cyanide destruction prior to combustion, complies with one or more of the criteria in pars. (a) to (f), and is not otherwise specifically prohibited from combustion:

NR 668.03(3)(a) (a) The waste contains hazardous organic constituents or cyanide at levels exceeding the constituent-specific treatment standard found in s. NR 668.48.

NR 668.03(3)(b) (b) The waste consists of organic, debris-like materials, for example, wood, paper, plastic, or cloth, contaminated with an inorganic metal-bearing hazardous waste.

NR 668.03(3)(c) (c) The waste, at point of generation, has reasonable heating value, for example, greater than or equal to 5000 BTU per pound.

NR 668.03(3)(d) (d) The waste is co-generated with wastes for which combustion is a required method of treatment.

NR 668.03(3)(e) (e) The waste is subject to federal or Wisconsin requirements necessitating reduction of organics, including biological agents.

NR 668.03(3)(f) (f) The waste contains greater than one% total organic carbon (TOC).

NR 668.03(4) (4) Persons may not add iron filings or other metallic forms of iron to lead-containing hazardous wastes in order to achieve any land disposal restriction treatment standard for lead. Lead-containing wastes include all of the following:

NR 668.03(4)(a) (a) D008 wastes which exhibit a characteristic due to the presence of lead.

NR 668.03(4)(b) (b) All characteristic wastes containing lead as an underlying hazardous constituent.

NR 668.03(4)(c) (c) Listed wastes containing lead as a regulated constituent.

NR 668.03(4)(d) (d) Hazardous media containing any of the lead-containing wastes in this subsection.

NR 668.03 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 668.04 NR 668.04 Treatment surface impoundment exemption.

NR 668.04(1) (1) Wastes which are otherwise prohibited from land disposal under this chapter, may be treated in a surface impoundment or series of impoundments if all of the following conditions are met:

NR 668.04(1)(a) (a) Treatment of the wastes occurs in the impoundments.

NR 668.04(1)(b) (b) All of the following conditions are met:

NR 668.04(1)(b)1. 1. Sampling and testing. For wastes with treatment standards in subch. D of ch. NR 668 or prohibition levels in subch. C, or both, or treatment standards in 42 USC 6924(d), the residues from treatment are analyzed, as specified in s. NR 668.07 or 668.32, to determine if they meet the applicable treatment standards or where no treatment standards have been established for the waste, the applicable prohibition levels. The sampling method, specified in the waste analysis plan under s. NR 664.0013 or 665.0013, shall be designed such that representative samples of the sludge and the supernatant are tested separately rather than mixed to form homogeneous samples.

NR 668.04(1)(b)2. 2. Removal. All of the following treatment residues, including any liquid waste, shall be removed at least annually: residues which do not meet the treatment standards promulgated under subch. D; residues which do not meet the prohibition levels established under subch. C or imposed by statute, where no treatment standards have been established; residues from the treatment of wastes prohibited from land disposal under subch. C, where no treatment standards have been established and no prohibition levels apply; or residues from managing listed wastes which are not delisted under 40 CFR 260.22. If the volume of liquid flowing through the impoundment or series of impoundments annually is greater than the volume of the impoundment or impoundments, this flow-through constitutes removal of the supernatant for the purpose of this requirement.

NR 668.04(1)(b)3. 3. Subsequent management. Treatment residues may not be placed in any other surface impoundment for subsequent management.

NR 668.04(1)(b)4. 4. Recordkeeping. Sampling and testing and recordkeeping provisions of ss. NR 664.0013 and 665.0013 apply.

NR 668.04(1)(c) (c) The impoundment meets the design requirements of s. NR 664.0221 (3) or 665.0221 (1), regardless that the unit may not be new, expanded, or a replacement, and the impoundment is in compliance with applicable groundwater monitoring requirements of ch. NR 664 unless one of the following conditions are met:

NR 668.04(1)(c)1. 1. The surface impoundment is exempted pursuant to s. NR 664.0221 (4) or (5), or pursuant to s. NR 665.0221 (3) or (4).

NR 668.04(1)(c)2. 2. Upon application by the owner or operator, the department, after notice and an opportunity to comment, grants a waiver of the design requirements on the basis that the surface impoundment meets all of the following conditions:

NR 668.04(1)(c)2.a. a. The surface impoundment has at least one liner, and there is no evidence that the liner is leaking.

NR 668.04(1)(c)2.b. b. The surface impoundment is located more than one-quarter mile from an underground source of drinking water.

NR 668.04(1)(c)2.c. c. The surface impoundment is in compliance with generally applicable groundwater monitoring requirements for facilities with licenses.

NR 668.04(1)(c)3. 3. Upon application by the owner or operator, the department, after notice and an opportunity to comment, grants a modification to the design requirements on the basis of a demonstration that the surface impoundment is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into groundwater or surface water at any future time.

NR 668.04(1)(d) (d) The owner or operator submits to the department a written certification that the requirements of par. (c) have been met. The following certification is required:

I certify under penalty of law that the requirements of s. NR 668.04 (1) (c) have been met for all surface impoundments being used to treat restricted wastes. I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

NR 668.04(2) (2) Evaporation of hazardous constituents as the principal means of treatment is not treatment for purposes of an exemption under this section.

NR 668.04 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 668.05 NR 668.05 Procedures for case-by-case extensions to an effective date.

NR 668.05(1) (1) Any person who generates, treats, stores, or disposes of a hazardous waste may submit an application under 40 CFR 268.5, to the EPA administrator for an extension to the effective date of any applicable restriction established under subch. C of ch. NR 668. The EPA administrator retains the authority to implement all requirements of 40 CFR 268.5.

NR 668.05(2) (2) An extension granted by the EPA administrator will apply only to the waste generated at the individual facility covered by the application and will not apply to restricted waste from any other facility.

NR 668.05(3) (3) Whenever the EPA administrator establishes an extension to an effective date under 40 CFR 268.5, during the period for which the extension is in effect all of the following conditions apply:

NR 668.05(3)(a) (a) The hazardous waste covered by the extension is exempt from storage restrictions under s. NR 668.50 (1).

NR 668.05(3)(b) (b) The hazardous waste covered by the extension may be disposed in a landfill or surface impoundment, regardless of whether the unit is existing, new, or a replacement or lateral expansion, if the unit complies with all of the following technical requirements:

NR 668.05(3)(b)1. 1. The landfill, if under an interim license, complies with the requirements of subch. F of ch. NR 665 and s. NR 665.0301 (1), (3), and (4).

NR 668.05(3)(b)2. 2. The landfill, if licensed, complies with the requirements of subch. F of ch. NR 664 and s. NR 664.0301 (3), (4) and (5).

NR 668.05(3)(b)3. 3. The surface impoundment, if under an interim license, complies with the requirements of subch. F of ch. NR 665 and s. NR 665.0221 (1), (3), and (4), and 42 USC 6925(j)(1).

NR 668.05(3)(b)4. 4. The surface impoundment, if licensed, complies with the requirements of subch. F of ch. NR 664 and s. NR 664.0221 (3), (4), and (5).

NR 668.05(3)(b)5. 5. The surface impoundment, if newly subject to 42 USC 6925(j)(1) due to the promulgation of additional listings or characteristics for the identification of hazardous waste, complies with the requirements of subch. F of ch. NR 665 within 12 months after the promulgation of additional listings or characteristics of hazardous waste, and complies with the requirements of s. NR 665.0221 (1), (3), and (4) within 48 months after the promulgation of additional listings or characteristics of hazardous waste. If a national capacity variance is granted, during the period the variance is in effect, the surface impoundment, if newly subject to 42 USC 6925(j)(1) due to the promulgation of additional listings or characteristics of hazardous waste, complies with the requirements of subch. F of ch. NR 665 within 12 months after the promulgation of additional listings or characteristics of hazardous waste, and with the requirements of s. NR 665.0221 (1), (3) and (4) within 48 months after the promulgation of additional listings or characteristics of hazardous waste.

NR 668.05(3)(b)6. 6. The landfill, if disposing of containerized liquid hazardous wastes containing PCBs at concentrations greater than or equal to 50 ppm but less than 500 ppm, also complies with 40 CFR 761.75 and chs. NR 664 and 665.

NR 668.05(4) (4) Pending a decision by the EPA administrator on the application, the applicant is required to comply with all restrictions on land disposal under this chapter once the effective date for the waste has been reached.

NR 668.05 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (3) (b) 6. Register July 2017 No. 739, eff. 8-1-17.

NR 668.06 NR 668.06 Petitions to allow land disposal of a waste prohibited under subch. C.

NR 668.06(1) (1) Any person seeking an exemption from a prohibition under subch. C of ch. NR 668 for the disposal of a restricted hazardous waste in a particular unit or units shall submit a petition under 40 CFR 268.6 to the EPA administrator demonstrating, to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the disposal unit or injection zone for as long as the wastes remain hazardous. The EPA administrator retains the authority to implement all requirements of 40 CFR 268.6.

NR 668.06(2) (2) Prior to the EPA administrator’s decision, the applicant shall comply with all restrictions on land disposal under this chapter once the effective date for the waste has been reached.

NR 668.06(3) (3) The petition granted by the EPA administrator does not relieve the petitioner of the petitioner’s responsibilities in the management of hazardous waste under chs. NR 660 to 670.

NR 668.06 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 668.07 NR 668.07 Testing, tracking, and recordkeeping requirements for generators, reverse distributors, treaters, and disposal facilities.

NR 668.07(1) (1) Generators and pharmaceutical reverse distributors shall comply with all of the following requirements:

NR 668.07(1)(a) (a) A generator of hazardous waste shall determine if the hazardous waste shall be treated before it can be land disposed. This determination shall be done by determining if the hazardous waste meets the treatment standards in s. NR 668.40, 668.45, or 668.49. This determination shall be made by testing the waste or using knowledge of the waste. If the generator tests the waste, testing should determine the total concentration of hazardous constituents, or the concentration of hazardous constituents in an extract of the waste obtained using test method 1311 in “Test Methods of Evaluating Solid Waste, Physical/Chemical Methods”, EPA SW-846, incorporated by reference in s. NR 660.11, depending on whether the treatment standard for the waste is expressed as a total concentration or a concentration of hazardous constituent in the waste’s extract. As an alternative to the generator determining if the hazardous waste is required to be treated before it can be land disposed, the generator shall send the waste to a RCRA licensed or permitted hazardous waste treatment facility, where the waste treatment facility shall comply with the requirements of sub. (2) and s. NR 664.0013. In addition, some hazardous wastes shall be treated by particular treatment methods before they can be land disposed and some soils are contaminated by such hazardous wastes. These treatment standards are also found in s. NR 668.40 and are described in detail in s. NR 668.42, Table 1. It is not necessary to test hazardous waste, or soil contaminated by hazardous waste, which is treated under ss. NR 668.40 and 668.42, Table 1, unless the waste or soil is in a waste mixture, in which case the other wastes in the mixture with concentration level treatment standards shall be tested. If a generator is managing a waste or soil contaminated with a waste, that displays a hazardous characteristic of ignitability, corrosivity, reactivity, or toxicity, the generator shall comply with the special requirements of s. NR 668.09 in addition to any applicable requirements in this section.

NR 668.07(1)(b) (b) If the waste or contaminated soil does not meet the applicable treatment standards or if the generator chooses not to make the determination of whether the waste is required to be treated, the generator shall send a one-time written notice to each treatment or storage facility receiving the waste with the initial waste shipment, and shall place a copy in the generator’s file. The notice shall include the information in column “668.07 (1) (b)” of the Generator Paperwork Requirements Table in par. (d). Alternatively, if the generator chooses not to make the determination of whether the waste is required to be treated, the notification shall include the EPA Hazardous Waste Numbers and Manifest Number of the first shipment and shall state “This hazardous waste may or may not be subject to the LDR treatment standards. The treatment facility shall make the determination.” No further notification is necessary until the waste or facility change, in which case a new notification shall be sent and a copy placed in the generator’s file.

NR 668.07(1)(c) (c) If the waste or contaminated soil meets the treatment standard at the original point of generation:, then generators shall meet all of the following conditions:

NR 668.07(1)(c)1. 1. The generator shall send a one-time written notice to each treatment, storage, or disposal facility receiving the waste with the initial waste shipment, and place a copy in the generator’s file. The notice shall include the information in column “668.07 (1) (c)” of the Generator Paperwork Requirements Table in par. (d) and the following certification statement, signed by an authorized representative:

I certify under penalty of law that I personally have examined and am familiar with the waste through analysis and testing or through knowledge of the waste to support this certification that the waste complies with the treatment standards specified in subch. D of ch. NR 668 [or 40 CFR 268]. I believe that the information I submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting a false certification, including the possibility of a fine and imprisonment.

NR 668.07(1)(c)2. 2. If the generator ships contaminated soil, then with the initial waste shipment, the generator shall send a one-time written notice to each treatment, storage or disposal facility receiving the contaminated soil and place a copy in the generator’s file. The notice shall include the information in column “668.07 (1) (c)” of the Generator Paperwork Requirements Table in par. (d).

NR 668.07(1)(c)3. 3. If the waste changes, the generator shall send a new notice and certification to the receiving facility, and place a copy in the generator’s file. Generators of hazardous debris excluded from the definition of hazardous waste under s. NR 661.0003 (6) are not subject to these requirements.

NR 668.07(1)(d) (d) If the generator’s waste or contaminated soil is not required to meet treatment standards before it is land disposed because the waste or soil qualifies for an exemption, including but not limited to case-by-case extensions under 40 CFR 268.5, disposal in a no-migration unit under 40 CFR 268.6, or a national capacity variance or case-by-case capacity variance under subch. C, then with the initial shipment of waste, the generator shall send a one-time written notice to each land disposal facility receiving the waste. The notice shall include the information indicated in column “s. NR 668.07 (1) (d)” of the Generator Paperwork Requirements Table in this paragraph. If the waste changes, the generator shall send a new notice to the receiving facility, and place a copy in the generator’s file.

Generator Paperwork Requirements Table

NR 668.07(1)(e) (e) If a generator is managing and treating prohibited waste or contaminated soil in tanks, containers or containment buildings regulated under ss. NR 662.015, 662.016, and 662.017 to meet applicable LDR treatment standards found at s. NR 668.40, the generator shall develop and follow a written waste analysis plan which describes the procedures they will carry out to comply with the treatment standards. Generators treating hazardous debris under the alternative treatment standards of s. NR 668.45, Table 1, however, are not subject to the waste analysis requirements in this section. The plan shall be kept on site in the generator’s records, and all of the following requirements shall be met:

NR 668.07(1)(e)1. 1. The waste analysis plan shall be based on a detailed chemical and physical analysis of a representative sample of the prohibited waste being treated, and contain all information necessary to treat the waste in accordance with the requirements of this chapter, including the selected testing frequency.

NR 668.07(1)(e)2. 2. The plan shall be kept in the facility’s on-site files and made available to inspectors.

NR 668.07(1)(e)3. 3. Wastes shipped off-site pursuant to this subsection shall comply with the notification requirements of par. (c).

NR 668.07(1)(f) (f) If a generator determines that the waste or contaminated soil is restricted based solely on the generator’s knowledge of the waste, all supporting data used to make this determination shall be retained on-site in the generator’s files. If a generator determines that the waste is restricted based on testing this waste or an extract developed using the test method 1311 in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA SW-846, incorporated by reference in s. NR 660.11, then all waste analysis data shall be retained on-site in the generator’s files.

NR 668.07(1)(g) (g) If a generator determines that the generator is managing a prohibited waste that is excluded from the definition of hazardous or solid waste or is not regulated under ch. 291, Stats., and chs. NR 660 to 673 pursuant to ss. NR 661.0002 to 661.0006 subsequent to the point of generation, including deactivated characteristic hazardous wastes managed in wastewater treatment systems subject to 33 USC 1342 as specified at s. NR 661.0004 (1) (b) or that are CWA-equivalent, the generator shall place a one-time notice describing the generation, subsequent exclusion from the definition of hazardous or solid waste or exemption from ch. 291, Stats., and chs. NR 660 to 673 regulation, and the disposition of the waste, in the facility’s on-site files.

NR 668.07(1)(h) (h) Generators shall retain on-site a copy of all notices, certifications, waste analysis data and other documentation produced pursuant to this section for at least 3 years from the date that the waste that is the subject of the documentation was last sent to on-site or off-site treatment, storage or disposal. The 3-year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the department. The requirements of this subsection apply to solid wastes even when the hazardous characteristic is removed prior to disposal, or when the waste is excluded from the definition of hazardous or solid waste under ss. NR 661.0002 to 661.0006, or exempted from ch. 291, Stats., and chs. NR 660 to 673, subsequent to the point of generation.

NR 668.07(1)(i) (i) If a generator is managing a lab pack containing hazardous wastes and wishes to use the alternative treatment standard for lab packs found at s. NR 668.42 (3), then the generator shall comply with all of the following:

NR 668.07(1)(i)1. 1. With the initial shipment of waste to a treatment facility, the generator shall submit a notice and place a copy in the generator’s file. The notice shall provide the information in column “668.07 (1) (i)” in the Generator Paperwork Requirements Table of par. (d), and shall include the following certification statement signed by an authorized representative:

I certify under penalty of law that I personally have examined and am familiar with the waste and that the lab pack contains only wastes that have not been excluded under ch. NR 668 Appendix IV and that this lab pack will be sent to a combustion facility in compliance with the alternative treatment standards for lab packs at s. NR 668.42 (3) [or 40 CFR 268.42(c)]. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine or imprisonment.

NR 668.07(1)(i)2. 2. No further notification is necessary until the time that the wastes in the lab pack change, or the receiving facility changes, in which case a new notice and certification shall be sent and a copy placed in the generator’s file.

NR 668.07(1)(i)3. 3. If the lab pack contains characteristic hazardous wastes (D001 to D008, and D010 to D043), the generator does not need to determine the underlying hazardous constituents, as defined in s. NR 668.02 (9).

NR 668.07(1)(i)4. 4. The generator shall also comply with the requirements in pars. (f) and (g).

NR 668.07(1)(j) (j) Small quantity generators with tolling agreements pursuant to s. NR 662.020 (5) shall comply with the applicable notification and certification requirements of this subsection for the initial shipment of the waste subject to the agreement. Generators shall retain on-site a copy of the notification and certification, together with the tolling agreement, for at least 3 years after termination or expiration of the agreement. The three-year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the department.