Chapter NR 668

NR 668.49(2) (2) Prior to land disposal, contaminated soil identified by sub. (1) as needing to comply with LDRs shall be treated according to the applicable treatment standards specified in sub. (3) or according to the universal treatment standards specified in s. NR 668.48 applicable to the contaminating listed hazardous waste or the applicable characteristic of hazardous waste if the soil is characteristic, or both. The treatment standards specified in sub. (3) and the universal treatment standards may be modified through a treatment variance approved according to 40 CFR 268(a) to (g).

NR 668.49(3) (3) Prior to land disposal, contaminated soil identified by sub. (1) as needing to comply with LDRs shall be treated according to all the standards specified in this subsection or according to the universal treatment standards specified in s. NR 668.48.

NR 668.49(3)(a) (a) All soils. Prior to land disposal, all constituents subject to treatment shall be treated as follows:

NR 668.49(3)(a)1. 1. For non-metals except carbon disulfide, cyclohexanone and methanol, treatment shall achieve 90% reduction in total constituent concentrations, except as provided by subd. 3.

NR 668.49(3)(a)2. 2. For metals and carbon disulfide, cyclohexanone and methanol, treatment shall achieve 90% reduction in constituent concentrations as measured in leachate from the treated media (tested according to the TCLP) or 90 % reduction in total constituent concentrations (when a metal removal treatment technology is used), except as provided by subd. 3.

NR 668.49(3)(a)3. 3. When treatment of any constituent subject to treatment to a 90% reduction standard would result in a concentration less than 10 times the universal treatment standard for that constituent, then treatment to achieve constituent concentrations less than 10 times the universal treatment standard is not required. Universal treatment standards are identified in s. NR 668.48, Table UTS.

NR 668.49(3)(b) (b) Soils that exhibit the characteristic of ignitability, corrosivity or reactivity. In addition to the treatment required by par. (a), prior to land disposal, soils that exhibit the characteristic of ignitability, corrosivity or reactivity shall be treated to eliminate these characteristics.

NR 668.49(3)(c) (c) Soils that contain nonanalyzable constituents. In addition to the treatment requirements of pars. (a) and (b), prior to land disposal, the following treatment is required for soils that contain nonanalyzable constituents:

NR 668.49(3)(c)1. 1. For soil that contains only analyzable and nonanalyzable organic constituents, the analyzable organic constituents shall be treated to the levels specified in pars. (a) and (b).

NR 668.49(3)(c)2. 2. Soil that contains only nonanalyzable constituents shall be treated by the method or methods specified in s. NR 668.42 for the waste contained in the soil.

NR 668.49(4) (4) When applying the soil treatment standards in sub. (3), constituents subject to treatment are any constituents listed in s. NR 668.48, Table UTS that are reasonably expected to be present in any given volume of contaminated soil, except fluoride, selenium, sulfides, vanadium, and zinc, and that are present at concentrations greater than ten times the universal treatment standard. PCBs are not a constituent subject to treatment in any given volume of soil which exhibits the toxicity characteristic solely because of the presence of metals.

NR 668.49(5) (5) Treatment residuals from treating contaminated soil identified by sub. (1) as needing to comply with LDRs shall be managed as follows:

NR 668.49(5)(a) (a) Soil residuals are subject to the treatment standards of this section.

NR 668.49(5)(b) (b) Non-soil residuals are subject to all of the following requirements:

NR 668.49(5)(b)1. 1. Soils contaminated by listed hazardous waste are subject to the standards applicable to the listed hazardous waste under ch. 291, Stats., and chs. NR 660 to 673.

NR 668.49(5)(b)2. 2. Soils that exhibit a characteristic of hazardous waste, if the non-soil residual also exhibits a characteristic of hazardous waste, are subject to the treatment standards applicable to the characteristic hazardous waste.

NR 668.49 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (5) (b) 1. made under s. 13.93 (2m) (b) 7., Stats., Register October 2007 No. 622; CR 16-007: am. (1) Table, (4) Register July 2017 No. 739, eff. 8-1-17.

subch. E of ch. NR 668 Subchapter E — Prohibitions on Storage

NR 668.50 NR 668.50 Prohibitions on storage of restricted wastes.

NR 668.50(1) (1) Except as provided in this section, the storage of hazardous wastes restricted from land disposal under this chapter or 42 USC 6924 is prohibited, unless all of the following conditions are met:

NR 668.50(1)(a) (a) A generator stores the wastes in tanks, containers, or containment buildings on-site solely for the purpose of the accumulation of quantities of hazardous waste necessary to facilitate proper recovery, treatment or disposal, and a generator complies with the requirements in ss. NR 662.016 and 662.017 and chs. NR 664 and 665.

NR 668.50(1)(b) (b) An owner or operator of a hazardous waste treatment, storage or disposal facility stores the wastes in tanks, containers or containment buildings solely for the purpose of the accumulation of quantities of hazardous waste necessary to facilitate proper recovery, treatment or disposal, and all of the following additional conditions are met:

NR 668.50(1)(b)1. 1. Each container is clearly marked to identify its contents and with all of the following:

NR 668.50(1)(b)1.a. a. The words “Hazardous Waste.”

NR 668.50(1)(b)1.b. b. The applicable EPA hazardous waste number, EPA hazardous waste codes as specified in subchs. C and D of ch. NR 661; or use a nationally recognized electronic system, such as bar coding that identifies the EPA hazardous waste number.

NR 668.50(1)(b)1.c. c. An indication of the hazards of the contents.  Examples to indicate a hazard include the applicable hazardous waste ignitable, corrosive, reactive, or toxic characteristic; hazard communication consistent with the department of transportation requirements under 49 CFR part 172 subpart E on labeling or subpart F on placarding; a hazard statement or pictogram consistent with the occupational safety and health administration hazard communication standard under 29 CFR 1910.1200; or a chemical hazard label consistent with the national fire protection association code 704.

NR 668.50(1)(b)1.d. d. The date each period of accumulation begins.

NR 668.50(1)(b)2. 2. Each tank is clearly marked with a description of its contents, the quantity of each hazardous waste received and the date each period of accumulation begins, or the information for each tank is recorded and maintained in the operating record at that facility. Regardless of whether the tank itself is marked, an owner or operator shall comply with the operating record requirements specified in s. NR 664.0073 or s. NR 665.0073.

NR 668.50(1)(c) (c) A transporter stores manifested shipments of the wastes at a transfer facility for 10 days or less.

NR 668.50(1)(d) (d) A healthcare facility accumulates such wastes in containers on-site solely for the purpose of the accumulation of such quantities of hazardous waste pharmaceuticals as necessary to facilitate proper recovery, treatment, or disposal and the healthcare facility complies with the requirements specified in ss. NR 666.502 and 666.503.

NR 668.50(1)(e) (e) A reverse distributor accumulates such wastes in containers on-site solely for the purpose of the accumulation of such quantities of hazardous waste pharmaceuticals as necessary to facilitate proper recovery, treatment, or disposal and the reverse distributor complies with s. NR 666.510.

NR 668.50(2) (2) An owner or operator of a treatment, storage or disposal facility may store the wastes for up to one year unless the department can demonstrate that the storage was not solely for the purpose of accumulation of quantities of hazardous waste as are necessary to facilitate proper recovery, treatment or disposal.

NR 668.50(3) (3) A owner or operator of a treatment, storage or disposal facility may store the wastes beyond one year; however, the owner or operator bears the burden of proving that the storage was solely for the purpose of accumulation of quantities of hazardous waste as are necessary to facilitate proper recovery, treatment or disposal.

NR 668.50(4) (4) If a generator’s waste is exempt from a prohibition on the type of land disposal utilized for the waste (for example, because of an approved case-by-case extension under 40 CFR 268.5, an approved 40 CFR 268.6 petition, or a national capacity variance under subch. C), the prohibition in sub. (1) does not apply during the period of the exemption.

NR 668.50(5) (5) The prohibition in sub. (1) does not apply to hazardous wastes that meet the treatment standards specified under ss. NR 668.41, 668.42 and 668.43 or the treatment standards specified under the variance in 40 CFR 268.44, or, where treatment standards have not been specified, is in compliance with the applicable prohibitions specified in s. NR 668.32 or s. 291.05 (6), Stats.

NR 668.50(6) (6) Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 50 ppm shall be stored at a facility that meets the requirements of 40 CFR 761.65(b) and shall be removed from storage and treated or disposed as required by this chapter within one year of the date when the wastes are first placed into storage. The provisions of sub. (3) do not apply to PCB wastes prohibited under s. NR 668.32.

NR 668.50(7) (7) The prohibition and requirements in this section do not apply to hazardous remediation wastes stored in a staging pile approved pursuant to s. NR 664.0554.

NR 668.50 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (7) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (1) (a), renum. (1) (b) to (1) (b) 1. (intro.) and am., cr. (1) (b) 1. a. to c., (d), (e) Register August 2020 No. 776, eff. 9-1-20.