NR 666.112(2)(a)2.2. ‘Waste-derived residue.’ Waste-derived residue shall be sampled and analyzed as often as necessary to determine whether the residue generated during each 24-hour period has concentrations of toxic constituents that are higher than the concentrations established for the normal residue under subd. 1. If so, hazardous waste burning has significantly affected the residue and the residue may not be excluded from the definition of a hazardous waste. Concentrations of toxic constituents of concern in the waste-derived residue shall be determined based on analysis of one or more samples obtained over a 24-hour period. Multiple samples may be analyzed, and multiple samples may be taken to form a composite sample for analysis if the sampling period does not exceed 24 hours. If more than one sample is analyzed to characterize waste-derived residues generated over a 24-hour period, the concentration of each toxic constituent shall be the arithmetic mean of the concentrations in the samples. No results may be disregarded.
NR 666.112(2)(b)(b) Comparison of waste-derived residue concentrations with health-based limits.
NR 666.112(2)(b)1.1. ‘Nonmetal constituents.’ The concentration of each nonmetal toxic constituent of concern (specified in par. (a)) in the waste-derived residue may not exceed the health-based level specified in ch. NR 666 Appendix VII, or the level of detection, whichever is higher. If a health-based limit for a constituent of concern is not listed in ch. NR 666 Appendix VII, then a limit of 0.002 micrograms per kilogram or the level of detection (which shall be determined using appropriate analytical methods), whichever is higher, shall be used. The levels specified in ch. NR 666 Appendix VII (and the default level of 0.002 micrograms per kilogram or the level of detection for constituents as identified in Note 1 of ch. NR 666 Appendix VII) are administratively stayed under the condition, for those constituents specified in par. (a), that the owner or operator complies with alternative levels defined as the land disposal restriction limits specified in s. NR 668.43 for F039 nonwastewaters. In complying with those alternative levels, if an owner or operator is unable to detect a constituent despite documenting use of best good-faith efforts as defined by applicable department guidance or standards, the owner or operator is deemed to be in compliance for that constituent. Until new guidance or standards are developed, the owner or operator may demonstrate such good faith efforts by achieving a detection limit for the constituent that does not exceed an order of magnitude above the level provided by s. NR 668.43 for F039 nonwastewaters. In complying with the s. NR 668.43 F039 nonwastewater levels for polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses shall be performed for total hexachlorodibenzo-p-dioxins, total hexachlorodibenzofurans, total pentachlorodibenzo-p-dioxins, total pentachlorodibenzofurans, total tetrachlorodibenzo-p-dioxins and total tetrachlorodibenzofurans.
NR 666.112 NoteNote: The administrative stay, under the condition that the owner or operator complies with alternative levels defined as the land disposal restriction limits specified in s. NR 668.43 for F039 nonwastewaters, remains in effect until further administrative action is taken and notice is published in the federal register and the Code of Federal Regulations.
NR 666.112(2)(b)2.2. ‘Metal constituents.’ The concentration of metals in an extract obtained using the toxicity characteristic leaching procedure of s. NR 661.0024 may not exceed the levels specified in ch. NR 666 Appendix VII.
NR 666.112(2)(b)3.3. ‘Sampling and analysis.’ Waste-derived residue shall be sampled and analyzed as often as necessary to determine whether the residue generated during each 24-hour period has concentrations of toxic constituents that are higher than the health-based levels. Concentrations of toxic constituents of concern in the waste-derived residue shall be determined based on analysis of one or more samples obtained over a 24-hour period. Multiple samples may be analyzed, and multiple samples may be taken to form a composite sample for analysis if the sampling period does not exceed 24 hours. If more than one sample is analyzed to characterize waste-derived residues generated over a 24-hour period, the concentration of each toxic constituent shall be the arithmetic mean of the concentrations in the samples. No results may be disregarded.
NR 666.112(3)(3)Records sufficient to document compliance with this section shall be retained until closure of the boiler or industrial furnace unit. At a minimum, all of the following shall be recorded:
NR 666.112(3)(a)(a) Levels of constituents in ch. NR 661 Appendix VIII that are present in waste-derived residues.
NR 666.112(3)(b)(b) If the waste-derived residue is compared with normal residue under sub. (2) (a), both of the following:
NR 666.112(3)(b)1.1. The levels of constituents in ch. NR 661 Appendix VIII that are present in normal residues.
NR 666.112(3)(b)2.2. Data and information, including analyses of samples as necessary, obtained to determine if changes in raw materials or fuels would reduce the concentration of toxic constituents of concern in the normal residue.
NR 666.112 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; corrections in (2) (a) (intro.), 1., (2) (b) 1., 2. made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (2) (a) (intro.), (b) 1. Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (1) (b), (2) (b) 2. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (b) 2. made under s. 35.17, Stats., Register August 2020 No. 776; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.
subch. M of ch. NR 666Subchapter M — Military Munitions
NR 666.200NR 666.200Applicability.
NR 666.200(1)(1)This subchapter identifies when military munitions become a solid waste, and, if these wastes are also hazardous under this subchapter or ch. NR 661, the management standards that apply to these wastes.
NR 666.200(2)(2)Unless otherwise specified in this subchapter, all applicable requirements in chs. NR 660 to 670 apply to waste military munitions.
NR 666.200 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 666.201NR 666.201Definitions. The following definitions apply to this subchapter:
NR 666.201(1)(1)“Active range” means a military range that is currently in service and is being regularly used for range activities.
NR 666.201(2)(2)“Chemical agent and munition” means an agent or munition that, through its chemical properties, produces lethal or other damaging effects on human beings, except that the term does not include riot control agents, chemical herbicides, smoke and other obscuration materials.
NR 666.201(3)(3)“DDESB” means the United States department of defense explosives safety board.
NR 666.201(4)(4)“Inactive range” means a military range that is not currently being used, but that is still under military control and considered by the military to be a potential range area, and that has not been put to a new use that is incompatible with range activities.
NR 666.201(5)(5)“Military” means the U.S. department of defense (DOD), U.S. armed services, U.S. coast guard, national guard, U.S. department of energy (DOE), or other parties under contract or acting as an agent for any of them, who handle military munitions.
NR 666.201(6)(6)“Military range” means designated land and water areas set aside, managed and used to conduct research on, develop, test and evaluate military munitions and explosives, other ordnance or weapon systems, or to train military personnel in their use and handling. Ranges include firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas and buffer zones with restricted access and exclusionary areas.
NR 666.201(7)(7)“Unexploded ordnance” or “UXO” means military munitions that have been primed, fused, armed or otherwise prepared for action, and have been fired, dropped, launched, projected or placed in such a manner as to constitute a hazard to operations, installation, personnel or material and remain unexploded either by malfunction, design or any other cause.
NR 666.201 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 666.202NR 666.202Definition of solid waste.
NR 666.202(1)(1)A military munition is not a solid waste when either of the following occurs:
NR 666.202(1)(a)(a) It is used for its intended purpose, including any of the following: