NR 662.013(3)(3) Monthly quantity-based determinations. When making the monthly quantity-based determinations required under this chapter, the generator shall include all hazardous waste that it generates, except hazardous waste that is any of the following: NR 662.013(3)(b)(b) Managed immediately upon generation in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in s. NR 660.10. NR 662.013(3)(h)(h) Managed as part of an episodic event in compliance with the conditions under subch. L. NR 662.013(3)(i)(i) A hazardous waste pharmaceutical, as defined in s. NR 666.500, that is subject to or managed in accordance with subch. P of ch. NR 666 or is a hazardous waste pharmaceutical that is also a drug enforcement administration controlled substance and is conditionally exempt under s. NR 666.506. NR 662.013(4)(4) Determining the quantity of hazardous waste generated in a calendar month. In determining the quantity of hazardous waste generated in a calendar month, a generator need not include any of the following: NR 662.013(4)(a)(a) Hazardous waste when it is removed from on-site accumulation, so long as the hazardous waste was previously counted once. NR 662.013(4)(b)(b) Hazardous waste generated by on-site treatment, including reclamation, of the generator’s hazardous waste, so long as the hazardous waste that is treated was previously counted once. NR 662.013(4)(c)(c) Hazardous waste spent materials that are generated, reclaimed, and subsequently reused on-site, so long as the spent materials were previously counted once. NR 662.013(5)(5) Generator category. Based on the generator category as determined under this section, the generator shall meet the applicable independent requirements listed in s. NR 662.010. A generator’s category also determines which of the provisions specified in s. NR 662.014, 662.015, 662.016, or 662.017 shall be met to obtain an exemption from the storage facility license, interim status, and operating requirements when accumulating hazardous waste. NR 662.013(6)(a)1.1. Hazardous wastes generated by a very small quantity generator may, as part of a treatment process, be mixed with solid wastes. A very small quantity generator may, as part of a treatment process, mix a portion or all of its hazardous waste with solid waste and remain subject to s. NR 662.014 even though the resultant mixture exceeds the quantity limits identified in the definition of very small quantity generator under s. NR 660.10 (139), unless the mixture exhibits one or more of the characteristics of hazardous waste identified in subch. C of ch. NR 661. Legitimate treatment processes include the following examples: stabilization and solidification, polymerization, electrochemical oxidation of organic chemicals, elementary neutralization, and precipitating heavy metals out of solution. NR 662.013 NoteNote: The mixing of hazardous waste by a very small quantity generator into a disposal container, such as a roll off box containing solid wastes, is not considered a treatment process.
NR 662.013(6)(a)2.2. If the resulting mixture exhibits a characteristic of hazardous waste, this resultant mixture is a newly generated hazardous waste. The very small quantity generator shall count both the resultant mixture amount plus the other hazardous waste generated in the calendar month to determine whether the total quantity exceeds the very small quantity generator calendar month quantity limits identified in the definition of generator categories under s. NR 660.10. If so, to remain exempt from the permitting, interim status, and operating standards, the very small quantity generator shall meet the conditions for exemption applicable to either a small quantity generator or a large quantity generator. The very small quantity generator shall also comply with the applicable independent requirements for either a small quantity generator or a large quantity generator. NR 662.013(6)(a)3.3. If a very small quantity generator’s wastes are mixed with used oil, the mixture is subject to ch. NR 679. Any material produced from such a mixture by processing, blending, or other treatment is also regulated under ch. NR 679. NR 662.013(6)(b)(b) Small quantity generator and large quantity generator wastes. NR 662.013(6)(b)1.1. Hazardous wastes generated by a small quantity generator or large quantity generator may be mixed with solid waste. These mixtures are subject to the following: the mixture rule specified in s. NR 661.0003 (1) (b) 4., (2) (b) and (c), and (7) (b) 1.; the prohibition of dilution rule specified in s. NR 668.03 (1); the land disposal restriction requirements specified in s. NR 668.40 if a characteristic hazardous waste is mixed with a solid waste so that it no longer exhibits the hazardous characteristic; and the hazardous waste determination requirement specified in s. NR 662.011. NR 662.013(6)(b)2.2. If the resulting mixture is found to be a hazardous waste, this resultant mixture is a newly generated hazardous waste. A small quantity generator shall count both the resultant mixture amount plus the other hazardous waste generated in the calendar month to determine whether the total quantity exceeds the small quantity generator calendar monthly quantity limits identified in the definition of generator categories under s. NR 660.10. If so, to remain exempt from the permitting, interim status, and operating standards, the small quantity generator shall meet the conditions for exemption applicable to a large quantity generator. The small quantity generator shall also comply with the applicable independent requirements for a large quantity generator. NR 662.013 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (intro.), (3) (a) to (i), (6) (b) 1. made under s. 35.17, Stats., Register August 2020 No. 776; correction in (6) (a) 1. made under s. 35.17, Stats., Register April 2021 No. 784. NR 662.014NR 662.014 Conditions for exemption for a very small quantity generator. NR 662.014(1)(1) Provided that the very small quantity generator meets all of the conditions for exemption listed in this section, hazardous waste generated by the very small quantity generator is not subject to the requirements under chs. NR 662 (except for the requirements under ss. NR 662.010 to 662.014) to 668, and 670, and the notification requirements under s. NR 660.07, and the very small quantity generator may accumulate hazardous waste on-site without complying with such requirements. The conditions for exemption are all of the following: NR 662.014(1)(a)(a) In a calendar month the very small quantity generator generates less than or equal to the amounts specified for a very small quantity generator in s. NR 660.10 (139).