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 668.45(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.

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).