NR 668.40NR 668.40 Applicability of treatment standards. NR 668.40(1)(1) A prohibited waste identified in the table “Treatment Standards for Hazardous Wastes” in this section may be land disposed only if it meets the requirements found in the table. For each waste, the table identifies one of the following three types of treatment standard requirements: NR 668.40(1)(a)(a) All hazardous constituents in the waste or in the treatment residue shall be at or below the values found for that waste in the table under the heading “total waste standards”. NR 668.40(1)(b)(b) The hazardous constituents in the extract of the waste or in the extract of the treatment residue shall be at or below the values found in the table under the heading, “waste extract standards”. NR 668.40(1)(c)(c) The waste shall be treated using the technology specified in the table under the heading “technology standard”, and described in detail in s. NR 668.42, Table 1—Technology Codes and Description of Technology-Based Standards. NR 668.40(2)(2) For wastewaters, compliance with concentration level standards is based on maximums for any one day, except for D004 through D011 wastes for which the previously promulgated treatment standards based on grab samples remain in effect. For all nonwastewaters, compliance with concentration level standards is based on grab sampling. For wastes covered by the waste extract standards, the test method 1311, the toxicity characteristic leaching procedure found in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA SW-846, incorporated by reference in s. NR 660.11 shall be used to measure compliance. An exception is made for D004 and D008, for which either of two test methods may be used: Method 1311 or Method 1310B, the extraction procedure toxicity test. For wastes covered by a technology standard, the wastes may be land disposed after being treated using that specified technology or an equivalent treatment technology approved by the EPA Administrator under the procedures set forth in 40 CFR 268.42(b). NR 668.40(3)(3) When wastes with differing treatment standards for a constituent of concern are combined for purposes of treatment, the treatment residue shall meet the lowest treatment standard for the constituent of concern. NR 668.40(4)(4) Notwithstanding the prohibitions specified in sub. (1), treatment and disposal facilities may demonstrate and certify pursuant to s. NR 668.07 (2) (e) compliance with the treatment standards for organic constituents specified by a footnote in the table “Treatment Standards for Hazardous Wastes” in this section, provided all of the following conditions are satisfied: NR 668.40(4)(a)(a) The treatment standards for the organic constituents were established based on incineration in units operated in accordance with the technical requirements of subch. O of ch. NR 664, or based on combustion in fuel substitution units operating in accordance with applicable technical requirements. NR 668.40(4)(b)(b) The treatment or disposal facility has used the methods referenced in par. (a) to treat the organic constituents. NR 668.40(4)(c)(c) The treatment or disposal facility may demonstrate compliance with organic constituents if good-faith analytical efforts achieve detection limits for the regulated organic constituents that do not exceed the treatment standards specified in this section by an order of magnitude. NR 668.40(5)(5) For characteristic wastes (D001 to D043) that are subject to treatment standards in the table “Treatment Standards for Hazardous Wastes,” and are not managed in a wastewater treatment system that is regulated under ch. 283, Stats., or that is CWA-equivalent, all underlying hazardous constituents as defined in s. NR 668.02 (9) must meet universal treatment standards, found in s. NR 668.48, Table Universal Treatment Standards, prior to land disposal as defined in s. NR 668.02 (3). NR 668.40(6)(6) The treatment standards for F001 to F005 nonwastewater constituents carbon disulfide, cyclohexanone, and methanol apply to wastes which contain only one, 2, or 3 of these constituents. Compliance is measured for these constituents in the waste extract from test Method 1311, the Toxicity Characteristic Leaching Procedure found in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA SW-846, incorporated by reference in s. NR 660.11. If the waste contains any of these three constituents along with any of the other 25 constituents found in F001 to F005, then compliance with treatment standards for carbon disulfide, cyclohexanone, and methanol are not required. NR 668.40(7)(7) Between August 26, 1996 and March 4, 1999 the treatment standards for the wastes specified in s. NR 661.0032 as EPA hazardous waste numbers K156 to K161 and in s. NR 661.0033 as EPA hazardous waste numbers P127, P128, P185, P188 to P192, P194, P196 to P199, P201 to P205, U271, U277 to U280, U364 to U367, U372, U373, U375 to U379, U381 to U387, U389 to U396, U400 to U404, U407, and U409 to U411; and soil contaminated with these wastes; shall be satisfied by either meeting the constituent concentrations presented in the table “Treatment Standards for Hazardous Wastes” in this section, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST at s. NR 668.42, Table 1, for nonwastewaters; and, biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code CARBN; chemical oxidation as defined by the technology code CHOXD; or combustion as defined as technology code CMBST at s. NR 668.42, Table 1, for wastewaters. NR 668.40(8)(8) If prohibited D004 to D011 mixed radioactive wastes and mixed radioactive listed wastes containing metal constituents, have been previously treated by stabilization to the treatment standards in effect at that time and put into storage afterwards, then it is not necessary to re-treat the waste to meet treatment standards in this section prior to land disposal. NR 668.40(10)(10) Effective September 4, 1998, the treatment standards for the wastes specified in s. NR 661.0033 as EPA hazardous waste numbers P185, P191, P192, P197, U364, U394, and U395 shall be satisfied by either meeting the constituent concentrations presented in the table “Treatment Standards for Hazardous Wastes” in this section, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST at s. NR 668.42, Table 1, for nonwastewaters; biodegradation as defined by the technology code BIODG; carbon adsorption as defined by the technology code CARBN; chemical oxidation as defined by the technology code CHOXD; or combustion as defined as technology code CMBST at s. NR 668.42, Table 1, for wastewaters. NR 668.40 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (2), (Table) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (7), (10), r. and recr. (Table) Register August 2020 No. 776, eff. 9-1-20; correction in (Table) made under s. 35.17, Stats., Register August 2020 No. 776. Section NR 668.40 — Treatment Standards for Hazardous Wastes NR 668.40 NoteNote: “n.a.” stands for “not applicable”; “fb.” stands for “followed by”.
Footnotes to Treatment Standard Table 668.40
NR 668.41NR 668.41 Treatment standards expressed as concentrations in waste extract. For the requirements and the treatment standards in Table CCWE–Constituent Concentrations in Waste Extracts, both of which were found in s. NR 675.21 until June 1, 1998, refer to s. NR 668.40. NR 668.41 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 668.42NR 668.42 Treatment standards expressed as specified technologies. NR 668.42 NoteNote: For the requirements previously found in Table 2–Technology–Based Standards By RCRA Waste Code and Table 3–Technology– Based Standards for Specific Radioactive Hazardous Mixed Waste, refer to s. NR 668.40. NR 668.42(1)(1) In the table entitled Treatment Standards for Hazardous Wastes, in s. NR 668.40, wastes for which standards are expressed as a treatment method rather than a concentration level, must be treated using the technology or technologies specified in the table entitled Technology Codes and Description of Technology-Based Standards. Table 1
Technology Codes and Description of Technology-Based Standards
NR 668.42 NoteNote: When more than one technology (or treatment train) are specified as alternative treatment standards, the 5 letter technology codes (or the treatment trains) are separated by a semicolon (;) with the last technology preceded by the word “OR”. This indicates that any one of these BDAT technologies or treatment trains can be used for compliance with the standard.
NR 668.42(2)(2) Any person may submit an application to the EPA Administrator demonstrating that an alternative treatment method can achieve a measure of performance equivalent to that achieved by methods specified in subs. (1), (3) and (4) for wastes, or specified in Table 1 for hazardous debris. The applicant shall submit information demonstrating that the treatment method is in compliance with federal, state and local requirements and is protective of human health and the environment. On the basis of this information and any other available information, the EPA Administrator may approve the use of the alternative treatment method if the EPA Administrator finds that the alternative treatment method provides a measure of performance equivalent to that achieved by methods specified in subs. (1), (3) and (4) for wastes or in s. NR 668.45, Table 1 for hazardous debris. The department shall accept any written determination issued by the EPA Administrator unless the department determines that the approved alternative method cannot achieve a measure of performance equivalent to that achieved by methods specified in subs. (1), (3) and (4) for wastes, or specified in Table 1 for hazardous debris. NR 668.42(3)(3) As an alternative to the treatment standards required in subch. D, lab packs may be land disposed provided all of the following requirements are met: NR 668.42(3)(d)(d) Any incinerator residues from lab packs containing D004, D005, D006, D007, D008, D010, and D011 are treated in compliance with the applicable treatment standards specified for the wastes in subch. D. NR 668.42(4)(4) Radioactive hazardous mixed wastes are subject to the treatment standards in s. NR 668.40. Where the table entitled Treatment Standards for Hazardous Wastes found in s. NR 668.40 specifies treatment standards for radioactive mixed wastes, those treatment standards shall govern. Where there is no specific treatment standard for radioactive mixed waste, the treatment standard for the hazardous waste, as designated by EPA waste code, applies. Hazardous debris containing radioactive waste is subject to the treatment standards specified in s. NR 668.45. NR 668.42 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 668.43NR 668.43 Treatment standards expressed as waste concentrations. For the requirements previously found in this section and for treatment standards in Table CCW—Constituent Concentrations in Wastes, refer to s. NR 668.40. NR 668.43 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 668.44NR 668.44 Variance from a treatment standard. NR 668.44(1)(1) Based on a petition filed by a generator or treater of hazardous waste, the EPA administrator may approve a variance from an applicable treatment standard if any of the following are met: NR 668.44(1)(a)(a) It is not physically possible to treat the waste to the level specified in the treatment standard, or by the method specified as the treatment standard. To show that this is the case, the petitioner shall demonstrate that because the physical or chemical properties of the waste differ significantly from waste analyzed in developing the treatment standard, the waste cannot be treated to the specified level or by the specified method. NR 668.44(1)(b)(b) It is inappropriate to require the waste to be treated to the level specified in the treatment standard or by the method specified as the treatment standard, even though the treatment is technically possible. To show that this is the case, the petitioner shall demonstrate one of the following: NR 668.44(1)(b)1.1. Treatment to the specified level or by the specified method is technically inappropriate (for example, resulting in combustion of large amounts of mildly contaminated environmental media). NR 668.44(1)(b)2.2. For remediation waste only, treatment to the specified level or by the specified method is environmentally inappropriate because it would likely discourage aggressive remediation. NR 668.44(6)(6) A generator, treatment facility or disposal facility that is managing a waste covered by a variance from the treatment standards shall comply with the waste analysis requirements for restricted wastes found under s. NR 668.07. NR 668.44(7)(7) During the petition review process, 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 668.44(8)(8) Based on a petition filed by a generator or treater of hazardous waste, the department may approve a site-specific variance from an applicable treatment standard if one of the following conditions is met: NR 668.44(8)(a)(a) It is not physically possible to treat the waste to the level specified in the treatment standard, or by the method specified as the treatment standard. To show that this is the case, the petitioner shall demonstrate that because the physical or chemical properties of the waste differ significantly from waste analyzed in developing the treatment standard, the waste cannot be treated to the specified level or by the specified method. NR 668.44(8)(b)(b) It is inappropriate to require the waste to be treated to the level specified in the treatment standard or by the method specified as the treatment standard, even though the treatment is technically possible. To show that this is the case, the petitioner shall demonstrate one of the following: NR 668.44(8)(b)1.1. Treatment to the specified level or by the specified method is technically inappropriate, for example, the treatment would result in combustion of large amounts of mildly contaminated environmental media where the treatment standard is not based on combustion of the media. NR 668.44(8)(b)2.2. For remediation waste only, treatment to the specified level or by the specified method is environmentally inappropriate because it would likely discourage aggressive remediation. NR 668.44(8)(c)(c) For contaminated soil only, treatment to the level or by the method specified in the soil treatment standards would result in concentrations of hazardous constituents that are lower than the concentrations necessary to minimize short-term and long-term threats to human health and the environment. Treatment variances approved under this paragraph shall meet all of the following conditions: NR 668.44(8)(c)1.1. At a minimum, treatment variances shall impose alternative land disposal restriction treatment standards that, using a reasonable maximum exposure scenario, meet all of the following conditions: NR 668.44(8)(c)1.a.a. For carcinogens, the treatment variances shall achieve constituent concentrations that result in the total excess risk to an individual exposed over a lifetime generally falling within a range from 10-4 to 10-6. NR 668.44(8)(c)1.b.b. For constituents with non-carcinogenic effects, the treatment variances shall achieve constituent concentrations that an individual could be exposed to on a daily basis without appreciable risk of deleterious effect during a lifetime. NR 668.44(8)(c)2.2. The treatment variances may not consider post-land-disposal controls. NR 668.44(8)(d)(d) For contaminated soil only, treatment to the level or by the method specified in the soil treatment standards would result in concentrations of hazardous constituents that are lower than natural background concentrations at the site where the contaminated soil will be land disposed. NR 668.44(8)(e)(e) Public notice and a reasonable opportunity for public comment shall be provided before granting or denying a petition. NR 668.44(9)(9) Each application for a site-specific variance from a treatment standard shall include the information in s. NR 660.20. NR 668.44(10)(10) After receiving an application for a site-specific variance from a treatment standard, the department may request any additional information or samples which may be required to evaluate the application. NR 668.44(11)(11) A generator, treatment facility or disposal facility that is managing a waste covered by a site-specific variance from a treatment standard shall comply with the waste analysis requirements for restricted wastes found in s. NR 668.07. NR 668.44(12)(12) During the application review process, the applicant for a site-specific variance shall comply with all restrictions on land disposal in this chapter once the effective date for the waste has been reached. NR 668.44(13)(13) For all variances, the petitioner shall also demonstrate that compliance with any given treatment variance is sufficient to minimize threats to human health and the environment posed by land disposal of the waste. In evaluating this demonstration, the department may take into account whether a treatment variance should be approved if the subject waste is to be used in a manner constituting disposal pursuant to ss. NR 666.020 to 666.023. NR 668.44 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (8) (intro.), (10), (13) Register July 2017 No. 739, eff. 8-1-17. NR 668.45NR 668.45 Treatment standards for hazardous debris. NR 668.45(1)(1) Hazardous debris shall be treated prior to land disposal unless the department determines under s. NR 661.0003 (6) (b) that the debris is no longer contaminated with hazardous waste or the debris is treated to the waste-specific treatment standard provided in this subchapter for the waste contaminating the debris. NR 668.45(1)(a)(a) General. Hazardous debris shall be treated for each “contaminant subject to treatment” defined by sub. (2) using the technology or technologies identified in Table 1. NR 668.45(1)(b)(b) Characteristic debris. Hazardous debris that exhibits the characteristic of ignitability, corrosivity, or reactivity identified under ss. NR 661.0021, 661.0022 and 661.0023, respectively, shall be deactivated by treatment using one of the technologies identified in Table 1. NR 668.45(1)(c)(c) Mixtures of debris types. The treatment standards of Table 1 shall be achieved for each type of debris contained in a mixture of debris types. If an immobilization technology is used in a treatment train, it shall be the last treatment technology used. NR 668.45(1)(d)(d) Mixtures of contaminant types. Debris that is contaminated with 2 or more contaminants subject to treatment identified under sub. (2) shall be treated for each contaminant using one or more treatment technologies identified in Table 1. If an immobilization technology is used in a treatment train, it shall be the last treatment technology used. NR 668.45(1)(e)(e) Waste PCBs. Hazardous debris that is also a waste PCB under 40 CFR 761.3 is subject to the requirements of either 40 CFR 761.3 or the requirements of this section, whichever are more stringent. NR 668.45(2)(2) Hazardous debris shall be treated for each “contaminant subject to treatment.” The contaminants subject to treatment shall be determined using all of the following criteria: NR 668.45(2)(a)(a) Toxicity characteristic debris. The contaminants subject to treatment for debris that exhibits the toxicity characteristic (TC) by s. NR 661.0024 are those EP constituents for which the debris exhibits the TC toxicity characteristic. NR 668.45(2)(b)(b) Debris contaminated with listed waste. The contaminants subject to treatment for debris that is contaminated with a prohibited listed hazardous waste are those constituents or wastes for which treatment standards are established for the waste under s. NR 668.40. NR 668.45(2)(c)(c) Cyanide reactive debris. Hazardous debris that is reactive because of cyanide shall be treated for cyanide. NR 668.45(3)(3) Hazardous debris that has been treated using one of the specified extraction or destruction technologies in Table 1 and that does not exhibit a characteristic of hazardous waste identified under subch. C of ch. NR 661 after treatment is not a hazardous waste and need not be managed in a facility licensed or permitted to accept hazardous waste. Hazardous debris contaminated with a listed waste that is treated by an immobilization technology specified in Table 1 is a hazardous waste and shall be managed in a facility licensed or permitted to accept hazardous waste. NR 668.45(4)(4) Treatment residuals shall be treated as follows: NR 668.45(4)(a)(a) General requirements. Except as provided by pars. (b) and (d) all of the following conditions shall be met: NR 668.45(4)(a)1.1. Residue from the treatment of hazardous debris shall be separated from the treated debris using simple physical or mechanical means. NR 668.45(4)(a)2.2. Residue from the treatment of hazardous debris is subject to the waste-specific treatment standards provided by subch. D of ch. NR 668 for the waste contaminating the debris. NR 668.45(4)(b)(b) Nontoxic debris. Residue from the deactivation of ignitable, corrosive or reactive characteristic hazardous debris (other than cyanide-reactive) that is not contaminated with a contaminant subject to treatment defined by sub. (2), shall be deactivated prior to land disposal and is not subject to the waste-specific treatment standards of subch. D. NR 668.45(4)(c)(c) Cyanide-reactive debris. Residue from the treatment of debris that is reactive because of cyanide shall meet the treatment standards for D003 in Treatment Standards for Hazardous Wastes in s. NR 668.40. NR 668.45(4)(d)(d) Ignitable nonwastewater residue. Ignitable nonwastewater residue containing equal to or greater than 10% total organic carbon is subject to the technology specified in the treatment standard for D001: Ignitable Liquids. NR 668.45(4)(e)(e) Residue from spalling. Layers of debris removed by spalling are hazardous debris that remain subject to the treatment standards of this section. Table 1
Alternative Treatment Standards For Hazardous Debris 1
1 Hazardous debris shall be treated by either these standards or the waste-specific treatment standards for the waste contaminating the debris. The treatment standards shall be met for each type of debris contained in a mixture of debris types, unless the debris is converted into treatment residue as a result of the treatment process. Debris treatment residuals are subject to the waste-specific treatment standards for the waste contaminating the debris.
2 Contaminant restriction means that the technology is not BDAT for that contaminant. If debris containing a restricted contaminant is treated by the technology, the contaminant shall be subsequently treated by a technology for which it is not restricted in order to be land disposed (and excluded from regulation as hazardous waste).
3 “Clean debris surface” means the surface, when viewed without magnification, shall be free of all visible contaminated soil and hazardous waste except that residual staining from soil and waste consisting of light shadows, slight streaks or minor discolorations, and soil and waste in cracks, crevices and pits may be present if the staining and waste and soil in cracks, crevices and pits shall be limited to no more than 5% of each square inch of surface area.
4 Acids, solvents and chemical reagents may react with some debris and contaminants to form hazardous compounds. For example, acid washing of cyanide-contaminated debris could result in the formation of hydrogen cyanide. Some acids may also react violently with some debris and contaminants, depending on the concentration of the acid and the type of debris and contaminants. Debris treaters should refer to the safety precautions specified in material safety data sheets for various acids to avoid applying an incompatible acid to a particular debris and contamination combination. For example, concentrated sulfuric acid may react violently with certain organic compounds, such as acrylonitrile.
