NR 661.0032(4)(c)3.d.d. A detailed description of the test methods to be used, including sample preparation, clean up, if necessary, and determinative methods.
NR 661.0032(4)(c)4.4. Collect and analyze samples in accordance with the waste sampling and analysis plan.
NR 661.0032(4)(c)4.a.a. The sampling and analysis shall be unbiased, precise, and representative of the wastes.
NR 661.0032(4)(c)4.b.b. The analytical measurements shall be sufficiently sensitive, accurate and precise to support any claim that the constituent mass loadings are below the listing levels of sub. (3).
NR 661.0032(4)(c)5.5. Record the analytical results.
NR 661.0032(4)(c)6.6. Record the waste quantity represented by the sampling and analysis results.
NR 661.0032(4)(c)7.7. Calculate constituent-specific mass loadings, product of concentrations and waste quantity.
NR 661.0032(4)(c)8.8. Keep a running total of the K181 constituent mass loadings over the course of the calendar year.
NR 661.0032(4)(c)9.9. Determine whether the mass of any of the K181 constituents listed in sub. (3) generated between January 1 and December 31 of any year is below the K181 listing levels.
NR 661.0032(4)(c)10.10. Keep all of the following records on site for the 3 most recent calendar years in which the hazardous waste determinations are made:
NR 661.0032(4)(c)10.a.a. The sampling and analysis plan.
NR 661.0032(4)(c)10.b.b. The sampling and analysis results, including quality assurance/quality control data.
NR 661.0032(4)(c)10.c.c. The quantity of dyes or pigment nonwastewaters generated.
NR 661.0032(4)(c)10.d.d. The calculations performed to determine annual mass loadings.
NR 661.0032(4)(c)11.11. Nonhazardous waste determinations shall be conducted annually to verify that the wastes remain nonhazardous.
NR 661.0032(4)(c)11.a.a. The annual testing requirements are suspended after 3 consecutive successful annual demonstrations that the wastes are nonhazardous. The generator can then use knowledge of the wastes to support subsequent annual determinations.
NR 661.0032(4)(c)11.b.b. The annual testing requirements are reinstated if the manufacturing or waste treatment processes generating the wastes are significantly altered, resulting in an increase of the potential for the wastes to exceed the listing levels.
NR 661.0032(4)(c)11.c.c. If the annual testing requirements are suspended, the generator shall keep records of the process knowledge information used to support a nonhazardous determination. If testing is reinstated, a description of the process change shall be retained.
NR 661.0032(4)(d)(d) Recordkeeping for the landfill disposal and combustion exemptions. For the purposes of meeting the landfill disposal and combustion condition set out in the K181 listing description, the generator shall maintain on site for 3 years documentation demonstrating that each shipment of waste was received by a landfill unit that is subject to or meets the landfill design standards set out in the listing description, or was treated in combustion units as specified in the listing description.
NR 661.0032(4)(e)(e) Waste holding and handling. During the interim period, from the point of generation to completion of the hazardous waste determination, the generator is responsible for storing the wastes appropriately. If the wastes are determined to be hazardous and the generator has not complied with the hazardous waste requirements during the interim period, the generator may be subject to an enforcement action for improper management.
NR 661.0032 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; renum. (2) (a) to (2) under s. 13.92 (4) (b) 1., Stats., and correction in (1) (Table) under s. 35.17, Stats., Register August 2020 No. 776.
NR 661.0033NR 661.0033Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof. All of the following materials or items are hazardous wastes if and when they are discarded or intended to be discarded as described in s. NR 661.0002 (1) (b) 1., when they are mixed with waste oil or used oil or other material and applied to the land for dust suppression or road treatment, when they are otherwise applied to the land in lieu of their original intended use or when they are contained in products that are applied to the land in lieu of their original intended use, or when, in lieu of their original intended use, they are produced for use as, or as a component of, a fuel, distributed for use as a fuel, or burned as a fuel.
NR 661.0033(1)(1)Any commercial chemical product, or manufacturing chemical intermediate having the generic name listed in sub. (5) or (6).
NR 661.0033(2)(2)Any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in sub. (5) or (6).
NR 661.0033(3)(3)Any residue remaining in a container or in an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name listed in sub. (5) or (6), unless the container is empty as defined in s. NR 661.0007 (2) or 666.507.
NR 661.0033 NoteNote: Unless the residue is being beneficially used or reused, or legitimately recycled or reclaimed; or being accumulated, stored, transported or treated prior to such use, re-use, recycling or reclamation, the department considers the residue to be intended for discard, and thus, a hazardous waste. An example of a legitimate re-use of the residue would be where the residue remains in the container and the container is used to hold the same commercial chemical product or manufacturing chemical intermediate it previously held. An example of the discard of the residue would be where the drum is sent to a drum reconditioner who reconditions the drum but discards the residue.
NR 661.0033(4)(4)Any residue or contaminated soil, water or other debris resulting from the cleanup of a spill into or on any land or water of any commercial chemical product or manufacturing chemical intermediate having the generic name listed in sub. (5) or (6), or any residue or contaminated soil, water or other debris resulting from the cleanup of a spill, into or on any land or water, of any off-specification chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in sub. (5) or (6).
NR 661.0033 NoteNote: The phrase “commercial chemical product or manufacturing chemical intermediate having the generic name listed in...” refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in sub. (5) or (6). Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in sub. (5) or (6), such waste will be listed in either s. NR 661.0031 or 661.0032 or will be identified as a hazardous waste by the characteristics set forth in subch. C.
NR 661.0033(5)(5)The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products or manufacturing chemical intermediates referred to in subs. (1) to (4) are identified as acute hazardous wastes (H).