NR 661.0011(1)(c)4. 4. The persistence of the constituent or any toxic degradation product of the constituent.

NR 661.0011(1)(c)5. 5. The potential for the constituent or any toxic degradation product of the constituent to degrade into non-harmful constituents and the rate of degradation.

NR 661.0011(1)(c)6. 6. The degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems.

NR 661.0011(1)(c)7. 7. The plausible types of improper management to which the waste could be subjected.

NR 661.0011(1)(c)8. 8. The quantities of the waste generated at individual generation sites or on a regional or national basis.

NR 661.0011(1)(c)9. 9. The nature and severity of the human health and environmental damage that has occurred as a result of the improper management of wastes containing the constituent.

NR 661.0011(1)(c)10. 10. Action taken by other governmental agencies or regulatory programs based on the health or environmental hazard posed by the waste or waste constituent.

NR 661.0011(1)(c)11. 11. Such other factors as may be appropriate. Substances will be listed under ch. NR 661 Appendix VIII only if they have been shown in scientific studies to have toxic, carcinogenic, mutagenic or teratogenic effects on humans or other life forms. Wastes listed in accordance with these criteria will be designated toxic wastes.

NR 661.0011(2) (2) The department may list classes or types of solid waste as hazardous waste if the department has reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste found in s. 291.01 (7), Stats.

NR 661.0011(3) (3) The department will use the criteria for listing specified in this section to establish the exclusion limits referred to in s. NR 662.013 (3).

NR 661.0011 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (c) (intro.), 11. made under s. 35.17, Stats., Register August 2020 No. 776.

subch. C of ch. NR 661 Subchapter C — Characteristics of Hazardous Waste

NR 661.0020 NR 661.0020 General.

NR 661.0020(1) (1) A solid waste, as defined in s. NR 661.0002, that is not excluded from regulation as a hazardous waste under s. NR 661.0004 (2), is a hazardous waste if it exhibits any of the characteristics identified in this subchapter.

NR 661.0020 Note Note: Section NR 662.011 sets forth the generator’s responsibility to determine whether its waste exhibits one or more of the characteristics identified in this subchapter.

NR 661.0020(2) (2) A hazardous waste that is identified by a characteristic in this subchapter is assigned every EPA hazardous waste number that is applicable as set forth in this subchapter. This number shall be used in complying with the notification requirements under s. NR 660.07 and all applicable recordkeeping and reporting requirements under chs. NR 662 to 665, 668, and 670.

NR 661.0020(3) (3) For the purposes of this subchapter, the department will consider a sample obtained using any of the applicable sampling methods specified in ch. NR 661 Appendix I to be a representative sample within the meaning specified in ch. NR 660.10 (101).

NR 661.0020 Note Note: Since ch. NR 661 Appendix I sampling methods are not being adopted by the department, a person who desires to employ an alternative sampling method is not required to demonstrate the equivalency of the method under the procedures set forth in ss. NR 660.20 and 660.21.

NR 661.0020 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (3) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 661.0021 NR 661.0021 Characteristic of ignitability.

NR 661.0021(1) (1) A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties:

NR 661.0021(1)(a) (a) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume, and has flash point less than 60°C or 140°F, as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D 93-79 or D 93-80, incorporated by reference in s. NR 660.11, or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D 3278-78, incorporated by reference in s. NR 660.11.

NR 661.0021(1)(b) (b) It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.

NR 661.0021(1)(c) (c) It is a flammable gas as defined in 49 CFR 173.115 (a) and as determined by the test methods described in that regulation or equivalent test methods approved by the department under ss. NR 660.20 and 660.21.

NR 661.0021(1)(d) (d) It is an oxidizer as defined in 49 CFR 173.127 (a) and as determined by the test methods described in that regulation or equivalent test methods approved by the department under ss. NR 660.20 and 660.21.

NR 661.0021(2) (2) A solid waste that exhibits the characteristic of ignitability has the EPA hazardous waste number of D001.

NR 661.0021 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (a) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 661.0022 NR 661.0022 Characteristic of corrosivity.

NR 661.0022(1) (1) A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties: