NR 661.0008 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20. NR 661.0009NR 661.0009 Requirements for universal waste, universal waste handlers, and universal waste transporters. Except as specified in ch. NR 673, the wastes listed in this section are exempt from regulation under chs. NR 662 to 667 and 670 and ss. NR 668.07 and 668.50 and, therefore, are not fully regulated as hazardous waste. The wastes listed in this section are subject to regulation under ch. NR 673: NR 661.0009 NoteNote: The additional language used in this section clarifies that LDR treatment standards apply to universal waste. This language is not more stringent than 40 CFR 261.9. NR 661.0009 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (intro.) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (intro.) made under s. 35.17, Stats., Register April 2021 No. 784. subch. B of ch. NR 661Subchapter B —Criteria for Identifying the Characteristics of Hazardous Waste and for Listing Hazardous Waste NR 661.0010NR 661.0010 Criteria for identifying the characteristics of hazardous waste. NR 661.0010(1)(1) The department shall identify and define a characteristic of hazardous waste under subch. C only upon determining that all of the following are met: NR 661.0010(1)(a)(a) A solid waste that exhibits the characteristic may do any of the following: NR 661.0010(1)(a)1.1. Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. NR 661.0010(1)(a)2.2. Pose a substantial present or potential hazard to human health or the environment when it is improperly treated, stored, transported, disposed of or otherwise managed. NR 661.0010(1)(b)1.1. Measured by an available standardized test method which is reasonably within the capability of generators of solid waste or private sector laboratories that are available to serve generators of solid waste. NR 661.0010(1)(b)2.2. Reasonably detected by generators of solid waste through their knowledge of their waste. NR 661.0010 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20. NR 661.0011NR 661.0011 Criteria for listing hazardous waste. NR 661.0011(1)(1) The department shall list a solid waste as a hazardous waste only upon determining that the solid waste meets one of the following criteria: NR 661.0011(1)(a)(a) It exhibits any of the characteristics of hazardous waste identified in subch. C. NR 661.0011(1)(b)(b) It has been found to be fatal to humans in low doses or, in the absence of data on human toxicity, it has been shown in studies to have an oral LD 50 toxicity measured in rats of less than 50 milligrams per kilogram, an inhalation LC 50 toxicity measured in rats of less than 2 milligrams per liter, or a dermal LD 50 toxicity in rabbits of less than 200 milligrams per kilogram or is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness. Waste listed in accordance with these criteria will be designated acute hazardous waste. NR 661.0011(1)(c)(c) It contains any of the toxic constituents listed in ch. NR 661 Appendix VIII and, after considering the following factors, the department concludes that the waste is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed: NR 661.0011(1)(c)3.3. The potential of the constituent or any toxic degradation product of the constituent to migrate from the waste into the environment under the types of improper management considered in subd. 7. NR 661.0011(1)(c)4.4. The persistence of the constituent or any toxic degradation product of the constituent. NR 661.0011(1)(c)5.5. The potential for the constituent or any toxic degradation product of the constituent to degrade into non-harmful constituents and the rate of degradation. NR 661.0011(1)(c)6.6. The degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems.