NR 661.0004(5)(c)2.2. In response to requests for authorization to ship, store and conduct treatability studies on additional quantities after initiation or completion of initial treatability studies, when any of the following apply: there has been an equipment or mechanical failure during the conduct of a treatability study, there is a need to verify the results of a previously conducted treatability study, there is a need to study and analyze alternative techniques within a previously evaluated treatment process, or there is a need to do further evaluation of an ongoing treatability study to determine final specifications for treatment.

NR 661.0004(5)(c)3.3. The additional quantities and timeframes allowed in subds. 1. and 2. are subject to all of the provisions in par. (a) and par. (b) 3. to 6. The generator or sample collector shall apply to the department and provide in writing all of the following information:

NR 661.0004(5)(c)3.a.a. The reason the generator or sample collector requires additional time or quantity of sample for treatability study evaluation and the additional time or quantity needed.

NR 661.0004(5)(c)3.b.b. Documentation accounting for all samples of hazardous waste from the waste stream that have been sent for or undergone treatability studies including the date each previous sample from the waste stream was shipped, the quantity of each previous shipment, the laboratory or testing facility to which it was shipped, what treatability study processes were conducted on each sample shipped, and the available results on each treatability study.

NR 661.0004(5)(c)3.d.d. If such further study is being required due to equipment or mechanical failure, the applicant shall include information regarding the reason for the failure or breakdown and also include what procedures or equipment improvements have been made to protect against further breakdowns.

NR 661.0004(5)(d)(d) In order to qualify for the exemption in par. (a) 1., the mass of a sample that will be exported to a foreign laboratory or testing facility, or that will be imported to a U.S. laboratory or testing facility from a foreign source, shall additionally not exceed 25 kg.

NR 661.0004(6)(6) Samples undergoing treatability studies at laboratories and testing facilities. Samples undergoing treatability studies and the laboratory or testing facility conducting such treatability studies, to the extent such facilities are not otherwise subject to chs. NR 660 to 670, are not subject to any requirement under this chapter, chs. NR 662 to 670, or to the notification requirements under s. NR 660.07 provided that all of the conditions under pars. (a) to (k) are met. A mobile treatment unit, or MTU, may qualify as a testing facility subject to pars. (a) to (k). Where a group of MTUs are located at the same site, the limitations in pars. (a) to (k) apply to the entire group of MTUs collectively as if the group were one MTU.

NR 661.0004(6)(a)(a) No less than 45 days before conducting treatability studies, the facility notifies the department in writing that it intends to conduct treatability studies under this subsection.

NR 661.0004(6)(c)(c) No more than a total of 10,000 kg of “as received” media contaminated with non-acute hazardous waste, 2,500 kg of media contaminated with acute hazardous waste or 250 kg of other “as received” hazardous waste is subject to initiation of treatment in all treatability studies in any single day. For the purpose of this paragraph, “as received” means waste as received in the shipment from the generator or sample collector.

NR 661.0004(6)(d)(d) The quantity of “as received” hazardous waste stored at the facility for the purpose of evaluation in treatability studies does not exceed 10,000 kg, the total of which may include 10,000 kg of media contaminated with non-acute hazardous waste, 2,500 kg of media contaminated with acute hazardous waste, 1,000 kg of non-acute hazardous wastes other than contaminated media, and 1 kg of acute hazardous waste. This quantity limitation does not include treatment materials, including nonhazardous solid waste, added to “as received” hazardous waste.

NR 661.0004(6)(e)(e) No more than 90 days have elapsed since the treatability study for the sample was completed, or no more than one year, or 2 years for treatability studies involving bioremediation, have elapsed since the generator or sample collector shipped the sample to the laboratory or testing facility, whichever date first occurs. Up to 500 kg of treated material from a particular waste stream from treatability studies may be archived for future evaluation up to 5 years from the date of initial receipt. Quantities of materials archived are counted against the total storage limit for the facility.

NR 661.0004(6)(g)(g) The facility maintains records for 3 years following completion of each study that show compliance with the treatment rate limits and the storage time and quantity limits. All of the following information shall be included for each treatability study conducted:

NR 661.0004(6)(g)7.7. The date any unused sample or residues generated from the treatability study were returned to the generator or sample collector or, if sent to a designated facility, the name of the facility and the EPA identification number.

NR 661.0004(6)(h)(h) The facility keeps, on-site, a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility for a period ending 3 years from the completion date of each treatability study.

NR 661.0004(6)(i)(i) The facility prepares and submits a report to the department, by March 15 of each year, that includes all of the following information for the previous calendar year: