NR 660.31(3)(b) (b) The partially reclaimed material has sufficient economic value that it will be purchased for further reclamation.

NR 660.31(3)(c) (c) The partially reclaimed material is a viable substitute for a product or intermediate produced from virgin or raw materials that is used in subsequent production steps.

NR 660.31(3)(d) (d) There is a market for the partially reclaimed material as demonstrated by known customers who are further reclaiming the material, such as records of sales or contracts and evidence of subsequent use, such as bills of lading.

NR 660.31(3)(e) (e) The partially reclaimed material is handled to minimize loss

NR 660.31(3)(f) (f) Other relevant factors.

NR 660.31 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: r. (2) (b), renum. (2) (c) to (h) to (2) (b) to (g) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (3) (intro.), (a), (b), r. and recr. (3) (c), (d), am. (3) (e) Register August 2020 No. 776, eff. 9-1-20; correction in (3) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 660.32 NR 660.32 Variances to be classified as a boiler. According to the standards and criteria in s. NR 660.10 (definition of “boiler”), and the procedures in s. NR 660.33, the department may determine on a case-by-case basis that certain enclosed devices using controlled flame combustion are boilers, even though they do not otherwise meet the definition of boiler contained in s. NR 660.10, after considering all of the following criteria:

NR 660.32(1) (1) The extent to which the unit has provisions for recovering and exporting thermal energy in the form of steam, heated fluids or heated gases.

NR 660.32(2) (2) The extent to which the combustion chamber and energy recovery equipment are of integral design.

NR 660.32(3) (3) The efficiency of energy recovery, calculated in terms of the recovered energy compared with the thermal value of the fuel.

NR 660.32(4) (4) The extent to which exported energy is utilized.

NR 660.32(5) (5) The extent to which the device is in common and customary use as a “boiler” functioning primarily to produce steam, heated fluids or heated gases.

NR 660.32(6) (6) Other factors, as appropriate.

NR 660.32 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 660.33 NR 660.33 Procedures for variances from classification as a solid waste or to be classified as a boiler, or applications for non-waste determinations. The department will use all of the following procedures in evaluating applications for variances from classification as a solid waste or applications to classify particular enclosed controlled flame combustion devices as boilers, or applications for non-waste determinations:

NR 660.33(1) (1) The applicant shall apply to the department for the variance. The application shall address the relevant criteria contained in s. NR 660.31, 660.32, or 660.34, as applicable.

NR 660.33(2) (2) The department will evaluate the application and issue a draft notice tentatively granting or denying the application. Notification of this tentative decision will be provided by newspaper advertisement or radio broadcast in the locality where the recycler is located. The department will accept comment on the tentative decision for 30 days, and may also hold a public hearing upon request or at the department’s discretion. The department will issue a final decision after receipt of comments and after the hearing (if any).

NR 660.33(3) (3) In the event of a change in circumstances that affects how a hazardous secondary material meets the relevant criteria contained in s. NR 660.31, 660.32, or 660.34 upon which a variance or non-waste determination has been based, the applicant shall send a description of the change in circumstances to the department. The department may issue a determination that the hazardous secondary material continues to meet the relevant criteria of the variance or non-waste determination or may require the facility to re-apply for the variance or non-waste determination.

NR 660.33(4) (4) A variance or non-waste determination shall be effective for a fixed term not to exceed 10 years. No later than 6 months prior to the end of that term, a facility shall re-apply for a variance or non-waste determination.  If a facility re-applies for a variance or non-waste determination within 6 months prior to the end of the term, the facility may continue to operate under an expired variance or non-waste determination until receiving a decision on its re-application from the department.

NR 660.33(5) (5) A facility receiving a variance or non-waste determination shall provide notification as required under s. NR 660.42.

NR 660.33 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (intro.), (1), cr. (3) to (5) Register August 2020 No. 776, eff. 9-1-20; correction in (4) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 660.34 NR 660.34 Standards and criteria for non-waste determinations.

NR 660.34(1) (1) An applicant may apply to the department for a formal determination that a hazardous secondary material is not discarded and therefore not a solid waste. The determinations will be based on the criteria contained in sub. (2) or (3), as applicable. If an application is denied, the hazardous secondary material may still be eligible for a solid waste variance or exclusion through one of the solid waste variances under s. NR 660.31. Determinations may also be granted by the department if the department is authorized by the EPA for this provision or if all the following conditions are met:

NR 660.34(1)(a) (a) The department determines the hazardous secondary material meets the criteria in sub. (2) or (3), as applicable.

NR 660.34(1)(b) (b) The department requests that EPA review its determination.

NR 660.34(1)(c) (c) The EPA approves the department determination.

NR 660.34(2) (2) The department may grant a non-waste determination for hazardous secondary material that is reclaimed in a continuous industrial process if the applicant demonstrates that the hazardous secondary material is a part of the production process and is not discarded.  The determination shall be based on whether the hazardous secondary material is legitimately recycled as specified in s. NR 660.43 and on all of the following criteria:

NR 660.34(2)(a) (a) The management of the hazardous secondary material is part of the continuous primary production process and is not waste treatment.

NR 660.34(2)(b) (b) The capacity of the production process will use the hazardous secondary material in a reasonable time frame and will ensure that the hazardous secondary material will not be abandoned.  Examples of factors the department will use to determine capacity of the production process to use the hazardous secondary material include past production practices, market factors, the nature of the hazardous secondary material, and any contractual arrangements.