Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 662 - Hazardous Waste Generator Standards › Subchapter A - General › Section NR 662.016 - Conditions for exemption for a small quantity generator that accumulates hazardous waste

Current through June 24, 2024
A small quantity generator may accumulate hazardous waste
					 on-site without a license or interim status, and without complying with the
					 requirements of chs.
					 NR 664 to 667 and 670, or the
					 notification requirements under s.
					 NR
					 660.07, provided that all of the following conditions
					 for exemption are met:
(1) GENERATION
.
The generator generates in a calendar month no more than the
				  amounts specified in the definition of "small quantity generator" in s.
				  NR
				  660.10.
(2) ACCUMULATION
.
The
				  generator accumulates hazardous waste on-site for no more than 180 days, unless
				  in compliance with the conditions for exemption for longer accumulation
				  specified in subs. (4) and (5). All of the following accumulation conditions
				  also apply:
(a)
Accumulation
				  limit.
The quantity of hazardous waste accumulated on-site never
				  exceeds 6,000 kilograms.
(b)
Accumulation of hazardous waste in containers.
1. `Condition of containers.' If a container
				  holding hazardous waste is not in good condition, or if it begins to leak, the
				  small quantity generator shall immediately transfer the hazardous waste to a
				  container that is in good condition, or immediately manage the waste in some
				  other way that complies with the conditions for exemption of this
				  section.
2. `Compatibility of waste
				  with container.' The small quantity generator shall use a container made of or
				  lined with materials that will not react with, and are otherwise compatible
				  with, the hazardous waste to be accumulated, so that the ability of the
				  container to contain the waste is not impaired.
3. `Management of containers.'
a. A container holding hazardous waste shall
				  always be closed during accumulation, except when it is necessary to add or
				  remove waste.
b. A container
				  holding hazardous waste may not be opened, handled, or accumulated in a manner
				  that may rupture the container or cause it to leak.
4. `Inspections.' At least weekly, the small
				  quantity generator shall inspect central accumulation areas. The small quantity
				  generator shall look for leaking containers and for deterioration of containers
				  caused by corrosion or other factors.
5. `Special conditions for accumulation of
				  incompatible wastes.'
a. A generator may not
				  place incompatible wastes, or incompatible wastes and materials, in the same
				  container, unless in complies with the requirements specified in s.
				  NR
				  665.0017(2).
b. A generator may not may not place
				  hazardous waste in an unwashed container that previously held an incompatible
				  waste or material, unless it complies with the requirements specified in s.
				  NR
				  665.0017(2).
c. A container accumulating hazardous waste
				  that is incompatible with any waste or other materials accumulated or stored
				  nearby in other containers, piles, open tanks, or surface impoundments shall be
				  separated from the other materials or protected from them by means of a dike,
				  berm, wall, or other device.
Note:
See ch. NR 665 Appendix V for examples
					 of incompatible wastes.
(c)
Accumulation of hazardous waste
				  in tanks.
2. A small quantity
				  generator of hazardous waste shall comply with all of the following general
				  operating conditions:
a. Treatment or
				  accumulation of hazardous waste in tanks shall comply with s.
				  NR
				  665.0017(2).
b. Hazardous wastes or treatment reagents may
				  not be placed in a tank if they could cause the tank or its inner liner to
				  rupture, leak, corrode, or otherwise fail before the end of its intended
				  life.
c. Uncovered tanks shall be
				  operated to ensure at least 60 centimeters or 2 feet of freeboard, unless the
				  tank is equipped with a containment structure, a drainage control system, or a
				  diversion structure with a capacity that equals or exceeds the volume of the
				  top 60 centimeters or 2 feet of the tank.
Note:
A ditch or trench is an example of a
					 containment structure. A standby tank is an example of a diversion
					 structure.
d. If hazardous
				  waste is continuously fed into a tank, the tank shall be equipped with a means
				  to stop this inflow, such as, a waste feed cutoff system or a bypass system to
				  a stand-by tank.
3.
				  Except as noted in subd. 4., a small quantity generator that accumulates
				  hazardous waste in tanks shall inspect all of the following, where present:
a. Discharge control equipment at least once
				  each operating day, to ensure that it is in good working order. Discharge
				  control equipment includes waste feed cutoff systems, bypass systems, and
				  drainage systems.
b. Data gathered
				  from monitoring equipment at least once each operating day to ensure that the
				  tank is being operated according to its design. Monitoring equipment includes
				  pressure and temperature gauges.
c.
				  The level of waste in the tank at least once each operating day to ensure
				  compliance with subd. 2. c.
d. The
				  construction materials of the tank at least weekly to detect corrosion or
				  leaking of fixtures or seams.
e.
				  The construction materials of, and the area immediately surrounding, discharge
				  confinement structures at least weekly to detect erosion or obvious signs of
				  leakage. The generator shall remedy any deterioration or malfunction of
				  equipment or structures, revealed during an inspection, on a schedule that
				  ensures the problem does not lead to an environmental or human health hazard.
				  Where a hazard is imminent or has already occurred, remedial action shall be
				  taken immediately. Note that signs of leakage can include wet spots or dead
				  vegetation.
4. A small
				  quantity generator accumulating hazardous waste in tanks or tank systems that
				  have full secondary containment and that either use leak detection equipment to
				  alert personnel to leaks, or implement established workplace practices to
				  ensure leaks are promptly identified, shall inspect at least weekly, where
				  applicable, the areas identified in subd. 3. a. to e. Use of the alternate
				  inspection schedule shall be documented in the generator's operating record.
				  This documentation shall include a description of the established workplace
				  practices at the generator.
6. A
				  small quantity generator accumulating hazardous waste in tanks shall, upon
				  closure of the facility, remove all hazardous waste from tanks, discharge
				  control equipment, and discharge confinement structures. At closure, as
				  throughout the operating period, unless the small quantity generator can
				  demonstrate, in accordance with s. NR 661.0003(3) or (4), that any solid waste
				  removed from its tank is not a hazardous waste, then it shall manage such waste
				  in accordance with all applicable provisions under chs.
				  NR
				  662, 663, 665, and 668.
7. A small quantity generator shall comply
				  with all of the following special conditions for accumulation of ignitable or
				  reactive waste.
a. Ignitable or reactive
				  waste may not be placed in a tank unless the waste is treated, rendered, or
				  mixed before or immediately after placement in a tank so that the resulting
				  waste, mixture, or dissolution of material no longer meets the definition of
				  ignitable or reactive waste under s. NR 661.0021 or 661.0023, and the generator
				  complies with s.
				  NR
				  665.0017(2), or the waste is
				  accumulated or treated in such a way that it is protected from any material or
				  conditions that may cause the waste to ignite or react, or the tank is used
				  solely for emergencies.
b. A small
				  quantity generator that treats or accumulates ignitable or reactive waste in
				  covered tanks shall comply with the buffer zone requirements for tanks
				  contained in Tables 2-1 to 2-6 of the 1977 or 1981 National Fire Protection
				  Association's "Flammable and Combustible Liquids Code," incorporated by
				  reference in s.
				  NR
				  660.11.
c.
				  A small quantity generator shall comply with the following special conditions
				  for incompatible wastes. Incompatible wastes, or incompatible wastes and
				  materials, may not be placed in the same tank, unless the generator complies
				  with s.
				  NR
				  665.0017(2). Hazardous waste may not
				  be placed in an unwashed tank that previously held an incompatible waste or
				  material, unless the generator complies with s.
				  NR
				  665.0017(2).
Note:
See ch. NR 665 Appendix V for examples
					 of incompatible wastes.
(d)
Accumulation of hazardous waste
				  on drip pads.
If the waste is placed on drip pads, the small quantity
				  generator shall comply with all of the following:
1. Subchapter W of ch. NR 665, except s.
				  NR
				  665.0445(3).
2. The small quantity generator shall remove
				  all wastes from the drip pad at least once every 90 days. Any hazardous wastes
				  that are removed from the drip pad are then subject to the 180-day accumulation
				  limit specified in par. (b) and s. NR 662.015 if hazardous wastes are being
				  managed in satellite accumulation areas prior to being moved to the central
				  accumulation area.
3. The small
				  quantity generator shall maintain on-site at the facility the following records
				  readily available for inspection:
a. A
				  written description of procedures that are followed to ensure all wastes are
				  removed from the drip pad and associated collection system at least once every
				  90 days.
b. Documentation of each
				  waste removal, including the quantity of waste removed from the drip pad and
				  the sump or collection system and the date and time of
				  removal.
(e)
Accumulation of hazardous waste in containment buildings.
If
				  the waste is placed in containment buildings, the small quantity generator
				  shall comply with subch. D of ch. NR 665. The generator shall label its
				  containment buildings with the words "Hazardous Waste" in a conspicuous place
				  easily visible to employees, visitors, emergency responders, waste handlers, or
				  other persons on-site and provide an indication of the hazards of the contents
				  in a conspicuous place. Acceptable indications of hazardous contents include
				  the following: applicable hazardous waste characteristic or characteristics,
				  such as, ignitable, corrosive, reactive, or toxic; hazard communication
				  consistent with the department of transportation requirements on labeling or
				  placarding, incorporated into s.
				  Trans
				  326.01(3); a hazard statement or
				  pictogram consistent with the Occupational Safety and Health Administration
				  Hazard Communication Standard, incorporated into s.
				  SPS
				  332.50; or a chemical hazard label consistent with the
				  National Fire Protection Association, incorporated into s.
				  SPS 314.001(1)
				  (a). The generator shall also maintain all of
				  the following:
1. The professional engineer
				  certification that the building complies with the design standards specified in
				  s.
				  NR
				  665.1101. This certification shall be in the
				  generator's files prior to operation of the unit.
2. One of the following records, by use of
				  inventory logs, monitoring equipment, or any other effective means, shall be
				  maintained and readily available for inspection:
a. A written description of procedures to
				  ensure that each waste volume remains in the unit for no more than 90 days, a
				  written description of the waste generation and management practices for the
				  facility showing that the generator is consistent with maintaining the 90 day
				  limit, and documentation that the procedures are complied with.
b. Documentation that the unit is emptied at
				  least once every 90 days.
(f)
Labeling and marking of
				  containers and tanks.
1.
				  `Containers.' A small quantity generator shall mark or label each of its
				  containers with all of the following:
a. The
				  words "Hazardous Waste."
b. An
				  indication of the hazards of the contents. Acceptable indications of hazardous
				  contents include the following: applicable hazardous waste characteristic or
				  characteristics, such as ignitable, corrosive, reactive, or toxic; hazard
				  communication consistent with the department of transportation requirements on
				  labeling or placarding, incorporated into s.
				  Trans
				  326.01(3); a hazard statement or
				  pictogram consistent with the Occupational Safety and Health Administration
				  Hazard Communication Standard, incorporated into s.
				  SPS
				  332.50; or a chemical hazard label consistent with the
				  National Fire Protection Association, incorporated into s.
				  SPS 314.001(1)
				  (a).
c. The date upon which each period of
				  accumulation begins clearly visible for inspection on each container.
2. `Tanks.' A small quantity
				  generator accumulating hazardous waste in tanks shall do all of the following:
a. Mark or label its tanks with the words
				  "Hazardous Waste."
b. Mark or label
				  its tanks with an indication of the hazards of the contents. Acceptable
				  indications of hazardous contents include the following: applicable hazardous
				  waste characteristic or characteristics, such as, ignitable, corrosive,
				  reactive, or toxic; hazard communication consistent with the department of
				  transportation requirements on labeling or placarding, incorporated into s.
				  Trans
				  326.01(3); a hazard statement or
				  pictogram consistent with the Occupational Safety and Health Administration
				  Hazard Communication Standard, incorporated into s.
				  SPS
				  332.50; or a chemical hazard label consistent with the
				  National Fire Protection Association, incorporated into s.
				  SPS 314.001(1)
				  (a).
c. Use inventory logs, monitoring equipment,
				  or other records to demonstrate that hazardous waste has been emptied within
				  180 days of first entering the tank if using a batch process, or in the case of
				  a tank with a continuous flow process, demonstrate that estimated volumes of
				  hazardous waste entering the tank daily exit the tank within 180 days of first
				  entering.
d. Keep inventory logs or
				  records with the information identified in subd. c. on-site and readily
				  available for inspection.
(g)
Land disposal
				  restrictions.
A small quantity generator shall comply with all
				  applicable requirements under ch. NR 668.
(h)
Preparedness and
				  prevention.
1. `Maintenance and
				  operation of facility.' A small quantity generator shall maintain and operate
				  its facility to minimize the possibility of a fire, explosion, or any unplanned
				  sudden or non-sudden release of hazardous waste or hazardous waste constituents
				  to air, soil, or surface water that could threaten human health or the
				  environment.
2. `Required
				  equipment.' All areas where hazardous waste is either generated or accumulated
				  shall be equipped with all of the items specified in subd. 2. a. to d. A
				  generator may demonstrate that none of the hazards posed by waste handled at
				  the facility could require a particular kind of equipment specified under this
				  subdivision or the actual waste generation or accumulation area does not lend
				  itself for safety reasons to have a particular kind of equipment specified
				  under this subdivision. A small quantity generator may determine the most
				  appropriate locations to locate equipment necessary to prepare for and respond
				  to emergencies. Required equipment includes all of the following:
a. An internal communications or alarm system
				  capable of providing immediate emergency instruction, voice, or signal to
				  facility personnel.
b. A device,
				  such as a telephone, immediately available at the scene of operations, or a
				  hand-held two-way radio, capable of summoning emergency assistance from local
				  police departments, fire departments, or state or local emergency response
				  teams.
c. Portable fire
				  extinguishers, spill control equipment, decontamination equipment, and fire
				  control equipment including special extinguishing equipment, such as those that
				  use foam, inert gas, or dry chemicals.
d. Water at adequate volume and pressure to
				  supply water hose streams, or foam producing equipment, or automatic
				  sprinklers, or water spray systems.
3. `Testing and maintenance of equipment.'
				  All communications or alarm systems, fire protection equipment, spill control
				  equipment, and decontamination equipment, where required, shall be tested and
				  maintained as necessary to assure its proper operation in time of
				  emergency.
4. `Access to
				  communications or alarm system.'
a. Whenever
				  hazardous waste is being poured, mixed, spread, or otherwise handled, all
				  personnel involved in the operation shall have immediate, direct, and unimpeded
				  access to an internal alarm or emergency communication device, either directly
				  or through visual or voice contact with another employee, unless such a device
				  is not required under subd. 2.
b.
				  In the event there is just one employee on the premises while the facility is
				  operating, the employee shall have immediate, direct, and unimpeded access to a
				  device, such as a telephone, immediately available at the scene of operation,
				  or a hand-held two-way radio, capable of summoning external emergency
				  assistance, unless such a device is not required under subd. 2.
5. `Required aisle space.' The
				  small quantity generator shall maintain aisle space to allow the unobstructed
				  movement of personnel, fire protection equipment, spill control equipment, and
				  decontamination equipment to any area of facility operation in an emergency,
				  unless aisle space is not needed for any of these purposes.
6. `Arrangements with local authorities to
				  provide emergency assistance.'
a. The small
				  quantity generator shall attempt to make arrangements with the local police
				  department, fire department, other emergency response teams, emergency response
				  contractors, equipment suppliers and local hospitals, taking into account the
				  types and quantities of hazardous wastes handled at the facility. Arrangements
				  may be made with the local emergency planning committee if it is determined to
				  be the appropriate organization with which to make arrangements. A small
				  quantity generator attempting to make arrangements with its local fire
				  department shall determine the potential need for the services of the local
				  police department, other emergency response teams, emergency response
				  contractors, equipment suppliers, and local hospitals. As part of this
				  coordination, the small quantity generator shall attempt to make arrangements,
				  as necessary, to familiarize the organizations identified in this paragraph
				  with the layout of the facility, the properties of hazardous waste handled at
				  the facility and associated hazards, places where facility personnel would
				  normally be working, entrances to roads inside the facility, and possible
				  evacuation routes as well as the types of injuries or illnesses that could
				  result from fires, explosions, or releases at the facility. Where more than one
				  police or fire department might respond to an emergency, the small quantity
				  generator shall attempt to make arrangements designating primary emergency
				  authority to a specific fire or police department, and arrangements with any
				  others to provide support to the primary emergency authority.
Note:
A generator shall attempt to make
					 arrangements to ensure that the generator will receive an immediate and
					 appropriate emergency response from these authorities.
b. A small quantity generator shall maintain
				  records documenting arrangements with the local fire department as well as any
				  other organization necessary to respond to an emergency. This documentation
				  shall include documentation in the operating record that either confirms such
				  arrangements actively exist or, in cases where no arrangements exist, confirms
				  that attempts to make such arrangements have been made.
c. A facility possessing 24-hour response
				  capabilities may seek a waiver from the authority having jurisdiction over the
				  fire code within the facility's state or locality as far as needing to make
				  arrangements with the local fire department as well as any other organization
				  necessary to respond to an emergency, provided that the waiver is documented in
				  the operating record.
(i)
Emergency procedures.
The small quantity generator shall comply with all of the following conditions
				  for those areas of the generator facility where hazardous waste is generated
				  and accumulated:
1. At all times there shall
				  be at least one employee either on the premises or on call and available to
				  respond to an emergency by reaching the facility within a short period of time
				  with the responsibility for coordinating all emergency response measures
				  specified in subd. 4. This employee is the emergency coordinator.
2. The small quantity generator shall post
				  all of the following information next to telephones or in areas directly
				  involved in the generation and accumulation of hazardous waste:
a. The name and emergency telephone number of
				  the emergency coordinator.
b. The
				  location of fire extinguishers and spill control material, and, if present,
				  fire alarm.
c. The telephone number
				  of the fire department, unless the facility has a direct alarm.
3. The small quantity generator
				  shall ensure that all employees are thoroughly familiar with proper waste
				  handling and emergency procedures, relevant to their responsibilities during
				  normal facility operations and emergencies.
4. The emergency coordinator, or his or her
				  designee, shall take the following actions that are applicable in response to
				  any emergency that may arise:
a. In the event
				  of a fire, call the fire department or attempt to extinguish the fire using a
				  fire extinguisher.
b. In the event
				  of a spill, the small quantity generator is responsible for containing the flow
				  of hazardous waste to the extent possible, and as soon as is practicable,
				  cleaning up the hazardous waste and any contaminated materials or soil. Such
				  containment and cleanup may be conducted either by the small quantity generator
				  or by a contractor on behalf of the small quantity generator.
c. In the event of a fire, explosion, or
				  other release that could threaten human health outside the facility or when the
				  small quantity generator has knowledge that a spill has reached surface water,
				  the small quantity generator shall immediately notify the National Response
				  Center using the 24-hour toll free number 800-424-8802. The report shall
				  include the following information: the name, address, and EPA identification
				  number of the small quantity generator; date, time, and type of incident,
				  spill, or fire; quantity and type of hazardous waste involved in the incident;
				  extent of injuries, if any; and estimated quantity and disposition of recovered
				  materials, if any.