NR 661.0006(1)(c)6. 6. Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, in which reclaimed oil is burned as a fuel without reintroduction to a refining process, so long as the reclaimed oil meets the used oil fuel specification under s. NR 679.11.

NR 661.0006(1)(d) (d) Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic is not subject to the requirements under chs. NR 660 to 668, but is regulated under ch. NR 679. Used oil that is recycled includes any used oil that is reused, following its original use, for any purpose, including the purpose for which the oil was originally used. This includes oil which is re-refined, reclaimed, burned for energy recovery, or reprocessed.

NR 661.0006(1)(e) (e) Hazardous waste that is exported or imported for purpose of recovery is subject to the requirements under subch. H of ch. NR 662.

NR 661.0006(2) (2) Except as provided in sub. (1), generators and transporters of recyclable materials are subject to the applicable requirements specified in chs. NR 662 and 663 and the notification requirements under s. NR 660.07.

NR 661.0006(3) (3) 

NR 661.0006(3)(a) (a) Except as provided in sub. (1), owners and operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of subchs. A to L, AA, BB, and CC of chs. NR 664 and 665, and under chs. NR 666 to 670, and the notification requirements under s. NR 660.07. Except as provided in sub. (4), the recycling process itself is exempt from regulation.

NR 661.0006(3)(b) (b) Except as provided in sub. (1), owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to all of the following requirements:

NR 661.0006(3)(b)1. 1. Notification requirements under ss. NR 660.07.

NR 661.0006(3)(b)2. 2. Sections NR 665.0071 and 665.0072 dealing with the use of the manifest and manifest discrepancies.

NR 661.0006(3)(b)3. 3. Subsection (4).

NR 661.0006(3)(b)4. 4. Section NR 665.0075 dealing with the annual reporting requirements.

NR 661.0006(4) (4) Owners or operators of facilities subject to s. 291.25, Stats., licensing requirements with hazardous waste management units that recycle hazardous wastes, are subject to the requirements specified in subchs. AA and BB of ch. NR 664 or subchs. AA and BB of ch. NR 665 or ch. NR 667.

NR 661.0006 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (b) 2., (c) 1. a., (3) (a), (4) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (1) (c) 1. a., (4) made under s. 13.92 (4) (b) 7., Stats., and correction in (3) (b) 2., 4., made under s. 35.17, Stats., Register April 2021 No. 784.

NR 661.0007 NR 661.0007 Residues of hazardous waste in empty containers.

NR 661.0007(1) (1) 

NR 661.0007(1)(a) (a) Any hazardous waste remaining in either an empty container or an inner liner removed from an empty container, as defined in sub. (2), is not subject to regulation under chs. NR 661 to 670, or to the notification requirements under s. NR 660.07.

NR 661.0007(1)(b) (b) Any hazardous waste in either a container that is not empty or an inner liner removed from a container that is not empty, as defined in sub. (2), is subject to regulation under chs. NR 661 to 670 and to the notification requirements under s. NR 670.007.

NR 661.0007(2) (2) 

NR 661.0007(2)(a) (a) A container or an inner liner removed from a container that has held any hazardous waste, except a waste that is a compressed gas or that is identified as an acute hazardous waste listed in s. NR 661.0031 or 661.0033 (5), is empty if subd. 1. is met and either subds. 2. or 3. are met:

NR 661.0007(2)(a)1. 1. All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, such as pouring, pumping, and aspirating.

NR 661.0007(2)(a)2. 2. No more than 2.5 centimeters, or one inch, of residue remain on the bottom of the container or inner liner.

NR 661.0007(2)(a)3. 3. One of the following:

NR 661.0007(2)(a)3.a. a. No more than 3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to 119 gallons in size.

NR 661.0007(2)(a)3.b. b. No more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is greater than 119 gallons in size.

NR 661.0007(2)(b) (b) A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric pressure.

NR 661.0007(2)(c) (c) A container or an inner liner removed from a container that has held an acute hazardous waste listed in s. NR 661.0031 or 661.0033 (5) is empty if any of the following are met:

NR 661.0007(2)(c)1. 1. The container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate.

NR 661.0007(2)(c)2. 2. The container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal.

NR 661.0007(2)(c)3. 3. In the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed.