reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 660 - Hazardous Waste Management: General › Subchapter C - Rulemaking Petitions › Section NR 660.33 - Procedures for variances from classification as a solid waste or to be classified as a boiler, or applications for non-waste determinations

Current through June 24, 2024
The department will use all of the following procedures in
					 evaluating applications for variances from classification as a solid waste or
					 applications to classify particular enclosed controlled flame combustion
					 devices as boilers, or applications for non-waste determinations:
(1) The applicant shall apply to the
				  department for the variance. The application shall address the relevant
				  criteria contained in s.
				  NR
				  660.31, 660.32, or 660.34, as applicable.
(2) The department will evaluate the
				  application and issue a draft notice tentatively granting or denying the
				  application. Notification of this tentative decision will be provided by
				  newspaper advertisement or radio broadcast in the locality where the recycler
				  is located. The department will accept comment on the tentative decision for 30
				  days, and may also hold a public hearing upon request or at the department's
				  discretion. The department will issue a final decision after receipt of
				  comments and after the hearing (if any).
(3) In the event of a change in circumstances
				  that affects how a hazardous secondary material meets the relevant criteria
				  contained in s.
				  NR
				  660.31, 660.32, or 660.34 upon which a variance or
				  non-waste determination has been based, the applicant shall send a description
				  of the change in circumstances to the department. The department may issue a
				  determination that the hazardous secondary material continues to meet the
				  relevant criteria of the variance or non-waste determination or may require the
				  facility to re-apply for the variance or non-waste determination.
(4) A variance or non-waste determination
				  shall be effective for a fixed term not to exceed 10 years. No later than 6
				  months prior to the end of that term, a facility shall re-apply for a variance
				  or non-waste determination. If a facility re-applies for a variance or
				  non-waste determination within 6 months prior to the end of the term, the
				  facility may continue to operate under an expired variance or non-waste
				  determination until receiving a decision on its re-application from the
				  department.
(5) A facility
				  receiving a variance or non-waste determination shall provide notification as
				  required under s. NR 660.42.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 660 - Hazardous Waste Management: General › Subchapter C - Rulemaking Petitions › Section NR 660.34 - Standards and criteria for non-waste determinations

Current through June 24, 2024
(1) An applicant
				  may apply to the department for a formal determination that a hazardous
				  secondary material is not discarded and therefore not a solid waste. The
				  determinations will be based on the criteria contained in sub. (2) or (3), as
				  applicable. If an application is denied, the hazardous secondary material may
				  still be eligible for a solid waste variance or exclusion through one of the
				  solid waste variances under s.
				  NR
				  660.31. Determinations may also be granted by the
				  department if the department is authorized by the EPA for this provision or if
				  all the following conditions are met:
(a) The
				  department determines the hazardous secondary material meets the criteria in
				  sub. (2) or (3), as applicable.
(b)
				  The department requests that EPA review its determination.
(c) The EPA approves the department
				  determination.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 660 - Hazardous Waste Management: General › Subchapter C - Rulemaking Petitions › Section NR 660.40 - Additional regulation of certain hazardous waste recycling activities on a case-by-case basis

Current through June 24, 2024
(1) The department may decide on a
				  case-by-case basis that persons accumulating or storing the recyclable
				  materials described in s. NR 661.0006(1) (b) 4. should be regulated under s. NR
				  661.0006(2) and (3). The basis for this decision is that the materials are
				  being accumulated or stored in a manner that does not protect human health and
				  the environment because the materials or their toxic constituents have not been
				  adequately contained, or because the materials being accumulated or stored
				  together are incompatible. In making this decision, the department will
				  consider all of the following factors:
(a)
				  The types of materials accumulated or stored and the amounts accumulated or
				  stored.
(b) The method of
				  accumulation or storage.
(c) The
				  length of time the materials have been accumulated or stored before being
				  reclaimed.
(d) Whether any
				  contaminants are being released into the environment, or are likely to be so
				  released.
(e) Other relevant
				  factors.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 660 - Hazardous Waste Management: General › Subchapter C - Rulemaking Petitions › Section NR 660.41 - Procedures for case-by-case regulation of hazardous waste recycling activities

Current through June 24, 2024
The department shall use the following procedures when
					 determining whether to regulate hazardous waste recycling activities described
					 in s.
					 NR
					 661.0006(1) (b) 4. under the
					 provisions of s.
					 NR
					 661.0006(2) and (3), rather than
					 under the provisions of subch. F of ch. NR 666.
(1) If a generator is accumulating the waste,
				  the department shall issue a special order setting forth the factual basis for
				  the decision and stating that the person shall comply with subch. A of ch. NR
				  662, subch. C of ch. NR 662, subch. D of ch. NR 662 and subch. H of ch. NR 662.
				  The special order shall become final within 30 days, unless the person served
				  requests a public hearing to challenge the decision. Upon receiving such a
				  request, the department shall hold a public hearing. The department shall
				  provide notice of the hearing to the public and allow public participation at
				  the hearing. The department shall issue a final order after the hearing stating
				  whether or not compliance with ch. NR 662 is required. The order becomes
				  effective 30 days after service of the decision unless the department specifies
				  a later date.
(2) If the person is
				  accumulating the recyclable material as a storage facility, the special order
				  will state that the person shall obtain a license according to all applicable
				  provisions of ch. NR 670. The owner or operator of the facility shall apply for
				  a license within no less than 60 days and no more than 6 months of the
				  effective date of the order, as specified in the order. If the owner or
				  operator of the facility wishes to object to the department's decision, the
				  owner or operator may do so in the owner or operator's license application, in
				  a public hearing held on the draft license or in comments filed on the draft
				  license or on the notice of intent to deny the license. The fact sheet
				  accompanying the license will specify the reasons for the department's
				  determination. The question of whether the department's decision was proper
				  will remain open for consideration during the public comment period discussed
				  under ch. NR 670 and in any subsequent hearing.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 660 - Hazardous Waste Management: General › Subchapter C - Rulemaking Petitions › Section NR 660.42 - Notification requirement for hazardous secondary material

Current through June 24, 2024
(1) A facility
				  managing hazardous secondary material under s.
				  NR
				  660.30, 661.0004(1) (w), (x), (y), or (za) shall send
				  a notification to the department prior to operating under the regulatory
				  provision and by March 1 of each even-numbered year thereafter using EPA Form
				  8700-12. The notification shall include all of the following information:
(a) The name, address, and EPA ID number, if
				  applicable, of the facility.
(b)
				  The name and telephone number of a contact person.
(c) The NAICS code of the facility.
(d) The regulation under which the hazardous
				  secondary material will be managed.
(e) For reclaimers and intermediate
				  facilities managing hazardous secondary material in accordance with s. NR
				  661.0004(1) (x) or (y), whether the reclaimer or intermediate facility has
				  financial assurance. Financial assurance is not applicable for persons managing
				  hazardous secondary material generated and reclaimed under the control of the
				  generator.
(f) The date the
				  facility began or expects to begin managing the hazardous secondary material in
				  accordance with the regulation.
(g)
				  A list of hazardous secondary material that will be managed according to the
				  regulation, reported as the EPA hazardous waste numbers that would apply if the
				  hazardous secondary materials were managed as hazardous wastes.
(h) For each hazardous secondary material,
				  whether the hazardous secondary material, or any portion thereof, will be
				  managed in a land-based unit.
(i)
				  The quantity of each hazardous secondary material to be managed
				  annually.
(j) The certification,
				  included in EPA Form 8700-12, signed and dated by an authorized representative
				  of the facility.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 660 - Hazardous Waste Management: General › Subchapter C - Rulemaking Petitions › Section NR 660.43 - Legitimate recycling of hazardous secondary material

Current through June 24, 2024
(1) FACTORS THAT
				  ARE REQUIRED. Recycling of hazardous secondary material for the purpose of the
				  exclusions or exemptions from the hazardous waste rules shall be legitimate.
				  Hazardous secondary material that is not legitimately recycled is discarded
				  material and is a solid waste. In determining if recycling is legitimate, a
				  person shall address all of the requirements under this subsection and consider
				  the requirements in sub. (2). Legitimate recycling under this subsection
				  includes all of the following:
(a)
Factor 1.
Legitimate recycling shall involve a hazardous
				  secondary material that provides a useful contribution to the recycling process
				  or to a product or intermediate of the recycling process. The hazardous
				  secondary material provides a useful contribution if it meets any of the
				  following conditions:
1. It contributes
				  valuable ingredients to a product or intermediate.
2. It replaces a catalyst or carrier in the
				  recycling process.
3. It is the
				  source of a valuable constituent recovered in the recycling process.
4. It is recovered or regenerated by the
				  recycling process.
5. It is used as
				  an effective substitute for a commercial product.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter A - General › Section NR 661.0001 - Purpose, scope and definitions

Current through June 24, 2024
(1) This chapter
				  identifies solid wastes subject to regulation as hazardous wastes under chs.
				  NR
				  662 to 665, 668, and 670, and subject to the
				  notification requirements under s.
				  NR
				  660.07. In this chapter:
(a) Subchapter A defines the terms "solid
				  waste" and "hazardous waste," identifies wastes that are excluded from
				  regulation under chs.
				  NR
				  662 to 666, 668, and 670, and establishes special
				  management requirements for hazardous waste produced by very small quantity
				  generators and hazardous waste that is recycled.
(b) Subchapter B sets forth the criteria used
				  by the department to identify characteristics of hazardous waste and to list
				  particular hazardous wastes.
(c)
				  Subchapter C identifies characteristics of hazardous waste.
(d) Subchapter D lists particular hazardous
				  wastes.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter A - General › Section NR 661.0002 - Definition of solid waste

Current through June 24, 2024
(1)
(a) "Solid waste" means any discarded
				  material that is not excluded under s. NR 661.0004(1) or that is not excluded
				  by a variance granted under ss.
				  NR
				  660.30 and 660.31 or that is not excluded by a
				  non-waste determination under ss.
				  NR
				  660.30 and 660.34.
(b) "Discarded material" means any material
				  that is one of the following:
1. Abandoned,
				  as specified in sub. (2).
2.
				  Recycled, as specified in sub. (3).
3. Considered inherently waste-like, as
				  specified in sub. (4).
4. A
				  military munition identified as a solid waste as specified in s.
				  NR
				  666.202.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter A - General › Section NR 661.0004 - Exclusions

Current through June 24, 2024
(1) MATERIALS THAT ARE NOT SOLID WASTES. All
				  of the following materials are not solid wastes for the purpose of this
				  chapter:
(a) All of the following:
1. Domestic sewage. " Domestic sewage" means
				  untreated sanitary wastes that pass through a sewer system.
2. Any mixture of domestic sewage, as defined
				  in subd.1., and other wastes that passes through a sewer system to a publicly
				  owned treatment works for treatment, except as prohibited by s.
				  NR
				  666.505 and Clean Water Act requirements specified in
				  40 CFR
				  403.5(b).
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter A - General › Section NR 661.0007 - Residues of hazardous waste in empty containers

Current through June 24, 2024
(1)
(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.
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter A - General › Section NR 661.0008 - PCB wastes regulated under Toxic Substance Control Act

Current through June 24, 2024
The disposal of PCB-containing dielectric fluid and
					 electric equipment containing such fluid authorized for use and regulated under
					 40 CFR part 761 and that are hazardous only because they fail the test for the
					 Toxicity Characteristic for hazardous waste codes D018 to D043 are exempt from
					 regulation under chs.
					 NR 661 to 665, 668 and 670, and
					 the notification requirements under s.
					 NR
					 660.07.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter A - General › Section NR 661.0009 - Requirements for universal waste, universal waste handlers, and universal waste transporters

Current through June 24, 2024
Except as specified in ch. NR 673, the wastes listed in
					 this section are exempt from regulation under chs.
					 NR
					 662 to 667 and 670 and ss.
					 NR
					 668.07 and 668.50 and, therefore, are not fully
					 regulated as hazardous waste. The wastes listed in this section are subject to
					 regulation under ch. NR 673:
(1)
				  Batteries as described in s.
				  NR
				  673.02.
(2) Pesticides as described in s.
				  NR
				  673.03.
(3) Mercury-containing equipment as described
				  in s.
				  NR
				  673.04.
(4) Lamps as described in s.
				  NR
				  673.05.
The additional language used in this section clarifies
						that LDR treatment standards apply to universal waste. This language is not
						more stringent than
						40 CFR
						261.9.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter B - Criteria for Identifying the Characteristics of Hazardous Waste and for Listing Hazardous Waste › Section NR 661.0010 - Criteria for identifying the characteristics of hazardous waste

Current through June 24, 2024
(1)
				  The department shall identify and define a characteristic of hazardous waste
				  under subch. C only upon determining that all of the following are met:
(a) A solid waste that exhibits the
				  characteristic may do any of the following:
1. Cause, or significantly contribute to, an
				  increase in mortality or an increase in serious irreversible, or incapacitating
				  reversible, illness.
2. Pose a
				  substantial present or potential hazard to human health or the environment when
				  it is improperly treated, stored, transported, disposed of or otherwise
				  managed.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter C - Characteristics of Hazardous Waste › Section NR 661.0020 - General

Current through June 24, 2024
(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.
(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.
(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).
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter C - Characteristics of Hazardous Waste › Section NR 661.0021 - Characteristic of ignitability

Current through June 24, 2024
(1) A solid waste
				  exhibits the characteristic of ignitability if a representative sample of the
				  waste has any of the following properties:
(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.
(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.
(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.
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter C - Characteristics of Hazardous Waste › Section NR 661.0022 - Characteristic of corrosivity

Current through June 24, 2024
(1) A solid waste
				  exhibits the characteristic of corrosivity if a representative sample of the
				  waste has either of the following properties:
(a) It is aqueous and has a pH less than or
				  equal to 2 or greater than or equal to 12.5, as determined by a pH meter using
				  Method 9040C in "Test Methods for Evaluating Solid Waste, Physical/Chemical
				  Methods," EPA Publication SW-846, as incorporated by reference in s.
				  NR
				  660.11.
(b) It is a liquid and corrodes SAE 1020
				  steel at a rate greater than 6.35 mm per year at a test temperature of 55°C
				  as determined by Method 1110A in "Test Methods for Evaluating Solid Waste,
				  Physical/Chemical Methods," EPA Publication SW-846, and as incorporated by
				  reference in s.
				  NR
				  660.11.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter C - Characteristics of Hazardous Waste › Section NR 661.0023 - Characteristic of reactivity

Current through June 24, 2024
(1) A solid waste
				  exhibits the characteristic of reactivity if a representative sample of the
				  waste has any of the following properties:
(a) It is normally unstable and readily
				  undergoes violent change without detonating.
(b) It reacts violently with water.
(c) It forms potentially explosive mixtures
				  with water.
(d) When mixed with
				  water, it generates toxic gases, vapors or fumes in a quantity sufficient to
				  present a danger to human health or the environment.
(e) It is a cyanide or sulfide bearing waste
				  which, when exposed to pH conditions between 2 and 12.5, can generate toxic
				  gases, vapors or fumes in a quantity sufficient to present a danger to human
				  health or the environment.
(f) It
				  is capable of detonation or explosive reaction if it is subjected to a strong
				  initiating source or if heated under confinement.
(g) It is readily capable of detonation or
				  explosive decomposition or reaction at standard temperature and
				  pressure.
(h) It is a forbidden
				  explosive as defined in
				  49 CFR
				  173.54, or is a Division 1.1, 1.2 or 1.3
				  explosive as defined in
				  49 CFR 173.50
				  and
				  173.53,
				  incorporated by reference in s.
				  Trans
				  326.01.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter C - Characteristics of Hazardous Waste › Section NR 661.0024 - Toxicity characteristic

Current through June 24, 2024
(1) A solid waste,
				  except manufactured gas plant waste, exhibits the characteristic of toxicity
				  if, using the Toxicity Characteristic leaching procedure, test Method 1311 in
				  "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA
				  Publication SW-846, as incorporated by reference in s.
				  NR
				  660.11, the extract from a representative sample of
				  the waste contains any of the contaminants listed in Table 2 at the
				  concentration equal to or greater than the respective value given in that
				  table. Where the waste contains less than 0.5 percent filterable solids, the
				  waste itself, after filtering using the methodology outlined in Method 1311, is
				  considered to be the extract for the purpose of this section.
(2) A solid waste that exhibits the
				  characteristic of toxicity has the EPA hazardous waste number specified in
				  Table 1 which corresponds to the toxic contaminant causing it to be hazardous.
Table 1
Maximum Concentration of Contaminants for the
					 Toxicity Characteristic
EPA HW
								  No.1
Contaminant
CAS
								  No.2
Regulatory Level (mg/L)
D004
Arsenic
7440-38-2
5.0
D005
Barium
7440-39-3
100.0
D018
Benzene
71-43-2
0.5
D006
Cadmium
7440-43-9
1.0
D019
Carbon tetrachloride
56-23-5
0.5
D020
Chlordane
57-74-9
0.03
D021
Chlorobenzene
108-90-7
100.0
D022
Chloroform
67-66-3
6.0
D007
Chromium
7440-47-3
5.0
D023
o-Cresol
95-48-7
3200.0
D024
m-Cresol
108-39-4
3200.0
D025
p-Cresol
106-44-5
3200.0
D026
Cresol
3200.0
D016
2,4-D
94-75-7
10.0
D027
1,4-Dichlorobenzene
106-46-7
7.5
D028
1,2-Dichloroethane
107-06-2
0.5
D029
1,1-Dichloroethylene
75-35-4
0.7
D030
2,4-Dinitrotoluene
121-14-2
40.13
D012
Endrin
72-20-8
0.02
D031
Heptachlor (and its epoxide)
76-44-8
0.008
D032
Hexachlorobenzene
118-74-1
40.13
D033
Hexachlorobutadiene
87-68-3
0.5
D034
Hexachloroethane
67-72-1
3.0
D008
Lead
7439-92-1
5.0
D013
Lindane
58-89-9
0.4
D009
Mercury
7439-97-6
0.2
D014
Methoxychlor
72-43-5
10.0
D035
Methyl ethyl ketone
78-93-3
200.0
D036
Nitrobenzene
98-95-3
2.0
D037
Pentachlorophenol
87-86-5
100.0
D038
Pyridine
110-86-1
45.0
D010
Selenium
7782-49-2
1.0
D011
Silver
7440-22-4
5.0
D039
Tetrachloroethylene
127-18-4
0.7
D015
Toxaphene
8001-35-2
0.5
D040
Trichloroethylene
79-01-6
0.5
D041
2,4,5-Trichlorophenol
95-95-4
400.0
D042
2,4,6-Trichlorophenol
88-06-2
2.0
D017
2,4,5-TP (Silvex)
93-72-1
1.0
D043
Vinyl chloride
75-01-4
0.2
1Hazardous waste number.
2Chemical abstracts service
					 number.
3If o-, m-, and p-Cresol
					 concentrations cannot be differentiated, the total cresol, D026, concentration
					 is used. The regulatory level of total cresol is 200 mg/l.
4Quantitation limit is greater
					 than the calculated regulatory level. The quantitation limit therefore becomes
					 the regulatory level.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter D - Lists of Hazardous Wastes › Section NR 661.0030 - General

Current through June 24, 2024
(1) A solid waste is a hazardous waste if it
				  is listed in this subchapter, unless it has been excluded from this list under
				  ss.
				  NR
				  660.20 and 660.22.
(2) The department will indicate the
				  department's basis for listing the classes or types of wastes listed in this
				  subchapter by employing one or more of the following hazard codes:
Ignitable Waste
(I)
Corrosive Waste
(C)
Reactive Waste
(R)
Toxicity Characteristic Waste
(E)
Acute Hazardous Waste
(H)
Toxic Waste
(T)
Note:
Chapter
					 NR 661 Appendix VII identifies the
					 constituent that caused the department to list the waste as a Toxicity
					 Characteristic waste by the letter 'E' or toxic waste by the letter `T' in ss.
					 NR 661.0031 and 661.0032.
(3) Each hazardous waste listed in this
				  subchapter is assigned an EPA hazardous waste number that precedes the name of
				  the waste. This number shall be used in complying with the notification
				  requirements under s.
				  NR
				  660.07 and certain recordkeeping and reporting
				  requirements under chs.
				  NR
				  662 to 670.
(4) The following hazardous wastes listed in
				  s. NR 661.0031 are subject to the exclusion limits for acutely hazardous wastes
				  established in s. NR 662.013: EPA hazardous wastes numbers F020, F021, F022,
				  F023, F026 and F027.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter D - Lists of Hazardous Wastes › Section NR 661.0035 - Deletion of certain hazardous waste codes following equipment cleaning and replacement

Current through June 24, 2024
(1) Wastes from wood preserving processes at
				  plants that do not resume or initiate use of chlorophenolic preservatives will
				  not meet the listing definition of F032 once the generator has met all of the
				  requirements under subs. (2) and (3). These wastes may, however, continue to
				  meet another hazardous waste listing description or may exhibit one or more of
				  the hazardous waste characteristics.
(2) A generator shall either clean or replace
				  all process equipment that may have come into contact with chlorophenolic
				  formulations or constituents thereof, including treatment cylinders, sumps,
				  tanks, piping systems, drip pads, fork lifts, and trams, in a manner that
				  minimizes or eliminates the escape of hazardous waste or constituents,
				  leachate, contaminated drippage, or hazardous waste decomposition products to
				  the ground water, surface water, or atmosphere.
(a) A generator shall do one of the
				  following:
1. Prepare and follow an equipment
				  cleaning plan and clean equipment in accordance with par. (b).
2. Prepare and follow an equipment
				  replacement plan and replace equipment in accordance with par. (c).
3. Document cleaning and replacement in
				  accordance with par. (c), carried out after termination of use of
				  chlorophenolic preservations.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter E - Exclusions/Exemptions › Section NR 661.0038 - Comparable or syngas fuel exclusion

Current through June 24, 2024
Wastes that meet the following comparable or syngas fuel
					 requirements are not solid wastes:
(1)
				  COMPARABLE FUEL SPECIFICATIONS.
(a)
Physical specifications
.
1.
				  `Heating value.' The heating value shall exceed 5,000 BTU/lbs. (11,500
				  J/g).
2. `Viscosity.' The viscosity
				  may not exceed 50 cs, as-fired.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter E - Exclusions/Exemptions › Section NR 661.0040 - Conditional exclusion for used, intact cathode ray tubes exported for recycling

Current through June 24, 2024
Used, intact CRTs exported for recycling are not solid
					 wastes if they meet the notice and consent conditions specified in s. NR
					 661.0039(1) (e), and if they are not speculatively accumulated as defined in s.
					 NR 661.0001(3) (h).
The requirements under s. NR 661.0040 are based on
						40
						CFR 261.40 and are administered by EPA and
						not the department because the exercise of foreign relations and international
						commerce powers is reserved to the federal government under the U.S.
						Constitution. Wisconsin has adopted these requirements into its rules for the
						convenience of the regulated community and for completeness. The enforcement of
						the
						40
						CFR 261.40 requirements remains EPA's
						responsibility even though Wisconsin has adopted these requirements into its
						rules. Wisconsin provides EPA with information on whether Wisconsin facilities
						designated to receive hazardous waste imports are authorized to manage specific
						wastes and in ensuring facility compliance with all applicable environmental
						laws and rules.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter E - Exclusions/Exemptions › Section NR 661.0041 - Notification and recordkeeping for used, intact cathode ray tubes, CRTs, exported for reuse

Current through June 24, 2024
(1) CRT exporters who export used, intact
				  CRTs for reuse shall send a notification to EPA. This notification may cover
				  export activities extending over a 12-month or lesser period and shall meet all
				  of the following requirements:
(a) The
				  notification shall be in writing, signed by the exporter, and include all of
				  the following information:
1. Name, mailing
				  address, telephone number, and EPA ID number, if applicable, of the exporter of
				  the used, intact CRTs.
2. The
				  estimated frequency or rate at which the used, intact CRTs are to be exported
				  for reuse and the period of time over which they are to be exported.
3. The estimated total quantity of used,
				  intact CRTs specified in kilograms.
4. All points of entry to and departure from
				  each transit country through which the used, intact CRTs will pass, a
				  description of the approximate length of time the used, intact CRTs will remain
				  in each country, and the nature of their handling while there.
5. A description of the means by which each
				  shipment of the used, intact CRTs will be transported. For example, mode of
				  transportation vehicle such as air, highway, rail, water, and types of
				  containers such as drums, boxes, tanks.
6. The name and address of the ultimate
				  destination facility or facilities where the used, intact CRTs will be reused,
				  refurbished, distributed, or sold for reuse and the estimated quantity of used,
				  intact CRTs to be sent to each facility, as well as the name of any alternate
				  destination facility or facilities.
7. A description of the manner in which the
				  used, intact CRTs will be reused, including reuse after refurbishment, in the
				  foreign country that will be receiving the used, intact CRTs.
8. A certification signed by the CRT exporter
				  that states: "I certify under penalty of law that the CRTs described in this
				  notice are intact and fully functioning or capable of being functional after
				  refurbishment and that the used CRTs will be reused or refurbished and reused.
				  I certify under penalty of law that I have personally examined and am familiar
				  with the information submitted in this and all attached documents and that,
				  based on my inquiry of those individuals immediately responsible for obtaining
				  the information, I believe that the submitted information is true, accurate,
				  and complete. I am aware that there are significant penalties for submitting
				  false information, including the possibility of fine and
				  imprisonment."
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter H - Financial Requirements for Management of Excluded azardous Secondary Material › Section NR 661.0140 - Applicability

Current through June 24, 2024
(1) Except as provided otherwise in this
				  section, the requirements of this subchapter apply to owners or operators of
				  reclamation and intermediate facilities managing hazardous secondary material
				  excluded under s. NR 661.0004(1) (x).
(2) States and the federal government are
				  exempt from the financial assurance requirements of this subchapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter H - Financial Requirements for Management of Excluded azardous Secondary Material › Section NR 661.0141 - Definitions

Current through June 24, 2024
The terms defined in s.
					 NR
					 665.0141(4), (6), (7), and (8), have
					 the same meaning in this subchapter as specified in s.
					 NR
					 665.0141.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter H - Financial Requirements for Management of Excluded azardous Secondary Material › Section NR 661.0142 - Cost estimate

Current through June 24, 2024
(1) The owner or operator shall have a
				  detailed written estimate, in current dollars, of the cost of disposing of any
				  hazardous secondary material as listed or characteristic hazardous waste, and
				  the potential cost of closing the facility as a treatment, storage, and
				  disposal facility. The estimate shall include all of the following:
(a) The estimate shall equal the cost of
				  conducting those activities at the point when the extent and manner of the
				  facility's operation would make these activities the most expensive.
(b) The cost estimate shall be based on the
				  costs to the owner or operator of hiring a third party to conduct these
				  activities. A third party is a party who is neither a parent corporation as
				  defined in s.
				  NR
				  665.0141(5) nor a subsidiary of the
				  owner or operator. The owner or operator may use costs for on-site disposal in
				  accordance with applicable requirements if the owner or operator can
				  demonstrate that on-site disposal capacity will exist at all times over the
				  life of the facility.
(c) The cost
				  estimate may not incorporate any salvage value that may be realized with the
				  sale of hazardous secondary material, or hazardous or non-hazardous wastes if
				  applicable under s.
				  NR
				  665.0113(4), facility structures or
				  equipment, land, or other assets associated with the facility.
(d) The owner or operator may not incorporate
				  a zero cost for hazardous secondary material, or hazardous or non-hazardous
				  wastes if applicable under s.
				  NR
				  665.0113(4) that might have economic
				  value.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter H - Financial Requirements for Management of Excluded azardous Secondary Material › Section NR 661.0147 - Liability requirements

Current through June 24, 2024
(1) COVERAGE FOR
				  SUDDEN ACCIDENTAL OCCURENCES. An owner or operator of a hazardous secondary
				  material reclamation facility or an intermediate facility subject to financial
				  assurance requirements under s.
				  NR
				  661.0004(1) (x) 6. f., or a group of
				  such facilities, shall demonstrate financial responsibility for bodily injury
				  and property damage to third parties caused by sudden accidental occurrences
				  arising from operations of the facility or group of facilities. The owner or
				  operator shall have and maintain liability coverage for sudden accidental
				  occurrences in the amount of at least $1 million per occurrence with an annual
				  aggregate of at least $2 million, exclusive of legal defense costs. This
				  liability coverage may be demonstrated as follows:
(a) An owner or operator may demonstrate the
				  required liability coverage by having liability insurance. The liability
				  insurance shall meet all of the following conditions:
1. Each insurance policy shall be amended by
				  attachment of the hazardous secondary material facility liability endorsement,
				  or evidenced by a certificate of liability insurance. The wording of the
				  endorsement shall be identical to the wording specified in s.
				  NR
				  661.0151(8). The wording of the
				  certificate of insurance shall be identical to the wording specified in s.
				  NR
				  661.0151(9). The owner or operator
				  shall submit a signed duplicate original of the endorsement or the certificate
				  of insurance to the department. If requested by the department, the owner or
				  operator shall provide a signed duplicate original of the insurance
				  policy.
2. Each insurance policy
				  shall be issued by an insurer which, at a minimum, is licensed to transact the
				  business of insurance, or eligible to provide insurance as an excess or surplus
				  lines insurer, in one or more states.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter H - Financial Requirements for Management of Excluded azardous Secondary Material › Section NR 661.0148 - Incapacity of owners or operators, guarantors, or financial institutions

Current through June 24, 2024
(1) An
				  owner or operator shall notify the department by certified mail of the
				  commencement of a voluntary or involuntary bankruptcy proceeding under Title
				  11, U.S. Code, naming the owner or operator as debtor, within 10 days after
				  commencement of the proceeding. A guarantor of a corporate guarantee as
				  specified in s. NR 661.0143(5) shall make such a notification if named as
				  debtor, as required under the terms of the corporate guarantee.
(2) An owner or operator who fulfills the
				  requirements specified in s. NR 661.0143 or 661.0147 by obtaining a trust fund,
				  surety bond, letter of credit, or insurance policy will be deemed to be without
				  the required financial assurance or liability coverage in the event of
				  bankruptcy of the trustee or issuing institution, or a suspension or revocation
				  of the authority of the trustee institution to act as trustee or of the
				  institution issuing the surety bond, letter of credit, or insurance policy to
				  issue such instruments. The owner or operator shall establish other financial
				  assurance or liability coverage within 60 days after such an event.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter H - Financial Requirements for Management of Excluded azardous Secondary Material › Section NR 661.0151 - Wording of the instruments

Current through June 24, 2024
(1)
(a) A trust agreement for a trust fund, as
				  specified in s.
				  NR
				  661.0143(1) shall be worded as
				  follows, except that instructions in brackets are to be replaced with the
				  relevant information and the brackets deleted:
Trust Agreement
Trust Agreement, the "Agreement," entered into as of
					 [date] by and between [name of the owner or operator], a [name of State]
					 [insert "corporation," "partnership," "association," or "proprietorship"], the
					 "Grantor," and [name of corporate trustee], [insert "incorporated in the State
					 of -----" or "a national bank"], the "Trustee."
Whereas, the Wisconsin Department of Natural Resources,
					 "the department," has established certain regulations applicable to the
					 Grantor, requiring that an owner or operator of a facility regulated under ch.
					 NR 664, or 665, Wis. Adm. Code, or satisfying the conditions of the exclusion
					 under s.
					 NR
					 661.0004(1) (x), Wis. Adm. Code,
					 shall provide assurance that funds will be available if needed for care of the
					 facility under subch. G of ch. NR 664 or subch. G of ch. NR 665, Wis. Adm. Code
					 as applicable,
Whereas, the Grantor has elected to establish a trust to
					 provide all or part of such financial assurance for the facilities identified
					 herein,
Whereas, the Grantor, acting through its duly authorized
					 officers, has selected the Trustee to be the trustee under this agreement, and
					 the Trustee is willing to act as trustee,
Now, Therefore, the Grantor and the Trustee agree as
					 follows:
Section 1.
Definitions.
As used in this Agreement:
(a) The term "Grantor" means the owner or
				  operator who enters into this Agreement and any successors or assigns of the
				  Grantor.
(b) The term "Trustee"
				  means the Trustee who enters into this Agreement and any successor
				  Trustee.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter I - Use and Management of Containers › Section NR 661.0170 - Applicability

Current through June 24, 2024
This subchapter applies to hazardous secondary material
					 excluded under the remanufacturing exclusion under s. NR 661.0004(1) (za) and
					 stored in containers.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter I - Use and Management of Containers › Section NR 661.0171 - Condition of containers

Current through June 24, 2024
If a container holding hazardous secondary material is not
					 in good condition, such as having severe rusting, apparent structural defects
					 or if it begins to leak, the hazardous secondary material shall be transferred
					 from this container to a container that is in good condition or managed in some
					 other way that complies with the requirements of this
					 chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter I - Use and Management of Containers › Section NR 661.0172 - Compatibility of hazardous secondary material with containers

Current through June 24, 2024
The container shall be made of or lined with materials
					 which will not react with, and are otherwise compatible with, the hazardous
					 secondary material to be stored, so that the ability of the container to
					 contain the material is not impaired.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Subchapter I - Use and Management of Containers › Section NR 661.0173 - Management of containers

Current through June 24, 2024
(1) A container
				  holding hazardous secondary material shall always be closed during storage,
				  except when it is necessary to add or remove the hazardous secondary
				  material.
(2) A container holding
				  hazardous secondary material may not be opened, handled, or stored in a manner
				  that may rupture the container or cause it to leak.