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:
NR 666.202(1)(a)1.1. Use in training military personnel or explosives and munitions emergency response specialists (including training in proper destruction of unused propellant or other munitions).
NR 666.202(1)(a)2.2. Use in research, development, testing and evaluation of military munitions, weapons or weapon systems.
NR 666.202(1)(a)3.3. Recovery, collection and on-range destruction of unexploded ordnance and munitions fragments during range clearance activities at active or inactive ranges. However, “use for intended purpose” does not include the on-range disposal or burial of unexploded ordnance and contaminants when the burial is not a result of product use.
NR 666.202(1)(b)(b) It is an unused munition, or component thereof, which is being repaired, reused, recycled, reclaimed, disassembled, reconfigured or otherwise subjected to materials recovery activities, unless the activities involve use constituting disposal as defined in s. NR 661.0002 (3) (a), or burning for energy recovery as defined in s. NR 661.0002 (3) (b).
NR 666.202(2)(2)An unused military munition is a solid waste when any of the following occurs:
NR 666.202(2)(a)(a) The munition is abandoned by being disposed of, burned, detonated (except during intended use as specified in sub. (1)), incinerated or treated prior to disposal.
NR 666.202(2)(b)(b) The munition is removed from storage in a military magazine or other storage area for the purpose of being disposed of, burned, incinerated or treated prior to disposal.
NR 666.202(2)(c)(c) The munition is deteriorated or damaged (e.g., the integrity of the munition is compromised by cracks, leaks or other damage) to the point that it cannot be put into serviceable condition, and cannot reasonably be recycled or used for other purposes.
NR 666.202(2)(d)(d) The munition has been declared a solid waste by an authorized military official.