NR 661.0003(1)(b)1.1. It exhibits any of the characteristics of hazardous waste identified in subch. C. However, any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals excluded under s. NR 661.0004 (2) (g) and any other solid waste exhibiting a characteristic of hazardous waste under subch. C is a hazardous waste only if it exhibits a characteristic that would not have been exhibited by the excluded waste alone if such mixture had not occurred, or if it continues to exhibit any of the characteristics exhibited by the non-excluded wastes prior to mixture. Further, for the purposes of applying the Toxicity Characteristic to such mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant listed in Table 2 of s. NR 661.0024 that would not have been exceeded by the excluded waste alone if the mixture had not occurred or if it continues to exceed the maximum concentration for any contaminant exceeded by the nonexempt waste prior to mixture.

NR 661.0003(1)(b)4.4. It is a mixture of solid waste and one or more hazardous wastes listed in subch. D and has not been excluded from this paragraph under ss. NR 660.20 and 660.22, or sub. (7) or (8); however, the following mixtures of solid wastes and hazardous wastes listed in subch. D are not hazardous wastes (except by application of subd. 1. or 2.) if the generator can demonstrate that the mixture consists of wastewater discharge subject to regulation under either s. 283.21 (2), 283.31 or 283.33, Stats., (including wastewater at facilities that have eliminated the discharge of wastewater) and one of the following:

NR 661.0003(1)(b)4.a.a. One or more of the following spent solvents listed in s. NR 661.0031: benzene, carbon tetrachloride, tetrachloroethylene, trichloroethylene or the scrubber waters derived from the combustion of these spent solvents, provided, that the maximum total weekly usage of these solvents, other than the amounts that can be demonstrated not to be discharged to wastewater, divided by the average weekly flow of wastewater into the headworks of the facility’s wastewater treatment or pretreatment system does not exceed one part per million, or the total measured concentration of these solvents entering the headworks of the facility’s wastewater treatment system, at facilities subject to regulation under the Clean Air Act, as amended, at 40 CFR part 60, 61, or 63, or subject to ch. NR 440, subchs. III and IV of ch. NR 446, or chs. NR 447 to 469, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions, does not exceed one part per million on an average weekly basis. Any facility that uses benzene as a solvent and claims this exemption shall use an aerated biological wastewater treatment system and shall use only lined surface impoundments or tanks prior to secondary clarification in the wastewater treatment system. Facilities that choose to measure concentration levels shall file a copy of their sampling and analysis plan with the department. A facility shall file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility’s operations. The sampling and analysis plan shall include the monitoring point location, headworks, the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the department. The department may reject the sampling and analysis plan if the department finds that the sampling and analysis plan fails to include the above information, or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the department rejects the sampling and analysis plan or if the department finds that the facility is not following the sampling and analysis plan, the department shall notify the facility to cease the use of the direct monitoring option until the bases for rejection are corrected.

NR 661.0003(1)(b)4.b.b. One or more of the following spent solvents listed in s. NR 661.0031: methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents, 2-ethoxyethanol, or the scrubber waters derived from the combustion of these spent solvents, provided that the maximum total weekly usage of these solvents, other than the amounts that can be demonstrated not to be discharged to wastewater, divided by the average weekly flow of wastewater into the headworks of the facility’s wastewater treatment or pretreatment system does not exceed 25 parts per million, or the total measured concentration of these solvents entering the headworks of the facility’s wastewater treatment system, at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR part 60, 61, or 63, or subject to ch. NR 440, subchs. III and IV of ch. NR 446, or chs. NR 447 to 469 or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions, does not exceed 25 parts per million on an average weekly basis. Facilities that choose to measure concentration levels shall file a copy of their sampling and analysis plan with the department. A facility shall file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility’s operations. The sampling and analysis plan shall include the monitoring point location, headworks, the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once it receives confirmation that the sampling and analysis plan has been received by the department. The department may reject the sampling and analysis plan if the department finds that the sampling and analysis plan fails to include the above information, or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the department rejects the sampling and analysis plan or if the department finds that the facility is not following the sampling and analysis plan, the department shall notify the facility to cease the use of the direct monitoring option until the bases for rejection are corrected.

NR 661.0003(1)(b)4.c.c. One of the following wastes listed in s. NR 661.0032, if the wastes are discharged to the refinery oil recovery sewer before primary oil, water, or solids separation: heat exchanger bundle cleaning sludge from the petroleum refining industry (EPA hazardous waste number K050), crude oil storage tank sediment from petroleum refining operations (EPA hazardous waste number K169), clarified slurry oil tank sediment or in-line filter/separation solids from petroleum refining operations (EPA hazardous waste number K170), spent hydrotreating catalyst (EPA hazardous waste number K171), and spent hydrorefining catalyst (EPA hazardous waste number K172).

NR 661.0003(1)(b)4.d.d. A discarded hazardous waste, commercial chemical product, or chemical intermediate listed in ss. NR 661.0031 to 661.0033, arising from de minimis losses of these materials. For the purposes of this subd. 4. d., de minimis losses are inadvertent releases to a wastewater treatment system, including those from normal material handling operations, such as spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials; minor leaks of process equipment, storage tanks or containers; leaks from well maintained pump packings and seals; sample purgings; relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; and rinsate from empty containers or from containers that are rendered empty by that rinsing. Any manufacturing facility that claims an exemption for de minimis quantities of wastes listed in ss. NR 661.0031 to 661.0032, or any nonmanufacturing facility that claims an exemption for de minimis quantities of wastes listed in subch. D shall either have eliminated the discharge of wastewaters or have included in its Wisconsin Pollution Discharge Elimination System permit application or submission to its pretreatment control authority the constituents for which each waste was listed in ch. NR 661 Appendix VII and the constituents in the table “Treatment Standards for Hazardous Wastes” in s. NR 668.40 for which each waste has a treatment standard. A facility is eligible to claim the exemption once the department has been notified of possible de minimis releases via the Wisconsin Pollution Discharge Elimination System permit application or the pretreatment control authority submission. A copy of the Wisconsin Pollution Discharge Elimination System permit application or the submission to the pretreatment control authority shall be placed in the facility’s on-site files.

NR 661.0003(1)(b)4.e.e. Wastewater resulting from laboratory operations containing toxic (T) wastes listed in subch. D if the annualized average flow of laboratory wastewater does not exceed one percent of total wastewater flow into the headworks of the facility’s wastewater treatment or pre-treatment system or provided the wastes combined annualized average concentration does not exceed one part per million in the headworks of the facility’s wastewater treatment or pre-treatment facility. Toxic (T) wastes used in laboratories that are demonstrated not to be discharged to wastewater are not to be included in this calculation.

NR 661.0003(1)(b)4.f.f. One or more of the following wastes listed in s. NR 661.0032: wastewaters from the production of carbamates and carbamoyl oximes (EPA hazardous waste number K157) provided that the maximum weekly usage of formaldehyde, methyl chloride, methylene chloride, and trimethylamine, (including all amounts that cannot be demonstrated to be reacted in the process, destroyed through treatment, or recovered) divided by the average weekly flow of process wastewater prior to any dilution into the headworks of the facility’s wastewater treatment system does not exceed a total of 5 parts per million by weight or the total measured concentration of these chemicals entering the headworks of the facility’s wastewater treatment system, at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR part 60, 61, or 63, or subject to ch. NR 440, subchs. III and IV of ch. NR 446, or chs. NR 447 to 469, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions, does not exceed 5 parts per million on an average weekly basis. A facility that chooses to measure concentration levels shall file a copy of its sampling and analysis plan with the department as the context requires. A facility shall file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility’s operations. The sampling and analysis plan shall include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once it receives confirmation that the sampling and analysis plan has been received by the department. The department may reject the sampling and analysis plan if the department finds that the sampling and analysis plan fails to include the above information, or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the department rejects the sampling and analysis plan or if the department finds that the facility is not following the sampling and analysis plan, the department shall notify the facility to cease the use of the direct monitoring option until the bases for rejection are corrected.

NR 661.0003(1)(b)4.g.g. Wastewaters derived from the treatment of one or more of the following wastes listed in s. NR 661.0032 organic waste, including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates, from the production of carbamates and carbamoyl oximes, EPA hazardous waste numbers K156, provided that the maximum concentration of formaldehyde, methyl chloride, methylene chloride, and triethylamine prior to any dilutions into the headworks of the facility’s wastewater treatment system does not exceed a total of 5 milligrams per liter or the total measured concentration of these chemicals entering the headworks of the facility’s wastewater treatment system at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR part 60, 61, or 63, or subject to ch. NR 440, subchs. III and IV of ch. NR 446, or chs. NR 447 to 469, or, at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions does not exceed 5 milligrams per liter on an average weekly basis. A facility that chooses to measure concentration levels shall file copy of its sampling and analysis plan with the department. A facility shall file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility’s operations. The sampling and analysis plan shall include the monitoring point location, headworks, the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once it receives confirmation that the sampling and analysis plan has been received by the department. The department may reject the sampling and analysis plan if the department finds that the sampling and analysis plan fails to include the above information or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the department rejects the sampling and analysis plan or if the department finds that the facility is not following the sampling and analysis plan, the department shall notify the facility to cease the use of the direct monitoring option until the bases for rejection are corrected.

NR 661.0003(1)(b)5.a.a. The rebuttable presumption does not apply to metalworking oils or fluids containing chlorinated paraffins, if they are processed, through a tolling agreement, to reclaim metalworking oils or fluids. The presumption does apply to metalworking oils or fluids if the oils or fluids are recycled in any other manner or disposed.

NR 661.0003(1)(b)5.b.b. The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons, or CFCs, removed from refrigeration units where the CFCs are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.

NR 661.0003(3)(b)1.1. Except as otherwise provided in subd. 2. or sub. (7) or (8), any solid waste generated from the treatment, storage, or disposal of a hazardous waste, including any sludge, spill residue, ash emission control dust, or leachate, but not including precipitation run-off, is a hazardous waste. However, materials that are reclaimed from solid wastes and that are used beneficially are not solid wastes and hence are not hazardous wastes under this provision unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal.