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 661.0003 - Definition of hazardous waste

Current through June 24, 2024
(1) A solid waste,
				  as defined in s. NR 661.0002, is a hazardous waste if all of the following
				  apply:
(a) It is not excluded from regulation
				  as a hazardous waste under s. NR 661.0004(2).
(b) It meets any of the following criteria:
1. It exhibits any of the characteristics of
				  hazardous waste identified in subch. C. However, any mixture of a waste from
				  the extraction, beneficiation, and processing of ores and minerals excluded
				  under s. NR 661.0004(2) (g) and any other solid waste exhibiting a
				  characteristic of hazardous waste under subch. C is a hazardous waste only if
				  it exhibits a characteristic that would not have been exhibited by the excluded
				  waste alone if such mixture had not occurred, or if it continues to exhibit any
				  of the characteristics exhibited by the non-excluded wastes prior to mixture.
				  Further, for the purposes of applying the Toxicity Characteristic to such
				  mixtures, the mixture is also a hazardous waste if it exceeds the maximum
				  concentration for any contaminant listed in Table 2 of s. NR 661.0024 that
				  would not have been exceeded by the excluded waste alone if the mixture had not
				  occurred or if it continues to exceed the maximum concentration for any
				  contaminant exceeded by the nonexempt waste prior to mixture.
2. It is listed in subch. D and has not been
				  excluded from the lists in subch. D under ss.
				  NR
				  660.20 and 660.22.
4. It is a mixture of solid waste and one or
				  more hazardous wastes listed in subch. D and has not been excluded from this
				  paragraph under ss.
				  NR
				  660.20 and 660.22, or sub. (7) or (8); however, the
				  following mixtures of solid wastes and hazardous wastes listed in subch. D are
				  not hazardous wastes (except by application of subd. 1. or 2.) if the generator
				  can demonstrate that the mixture consists of wastewater discharge subject to
				  regulation under either s.
				  283.21(2),
				  283.31
				  or
				  283.33,
				  Stats., (including wastewater at facilities that have eliminated the discharge
				  of wastewater) and one of the following:
a.
				  One or more of the following spent solvents listed in s. NR 661.0031: benzene,
				  carbon tetrachloride, tetrachloroethylene, trichloroethylene or the scrubber
				  waters derived from the combustion of these spent solvents, provided, that the
				  maximum total weekly usage of these solvents, other than the amounts that can
				  be demonstrated not to be discharged to wastewater, divided by the average
				  weekly flow of wastewater into the headworks of the facility's wastewater
				  treatment or pretreatment system does not exceed one part per million, or the
				  total measured concentration of these solvents entering the headworks of the
				  facility's wastewater treatment system, at facilities subject to regulation
				  under the Clean Air Act, as amended, at 40 CFR part 60, 61, or 63, or subject
				  to ch. NR 440, subchs. III and IV of ch. NR 446, or chs.
				  NR
				  447 to 469, or at facilities subject to an enforceable
				  limit in a federal operating permit that minimizes fugitive emissions, does not
				  exceed one part per million on an average weekly basis. Any facility that uses
				  benzene as a solvent and claims this exemption shall use an aerated biological
				  wastewater treatment system and shall use only lined surface impoundments or
				  tanks prior to secondary clarification in the wastewater treatment system.
				  Facilities that choose to measure concentration levels shall file a copy of
				  their sampling and analysis plan with the department. A facility shall file a
				  copy of a revised sampling and analysis plan only if the initial plan is
				  rendered inaccurate by changes in the facility's operations. The sampling and
				  analysis plan shall include the monitoring point location, headworks, the
				  sampling frequency and methodology, and a list of constituents to be monitored.
				  A facility is eligible for the direct monitoring option once they receive
				  confirmation that the sampling and analysis plan has been received by the
				  department. The department may reject the sampling and analysis plan if the
				  department finds that the sampling and analysis plan fails to include the above
				  information, or the plan parameters would not enable the facility to calculate
				  the weekly average concentration of these chemicals accurately. If the
				  department rejects the sampling and analysis plan or if the department finds
				  that the facility is not following the sampling and analysis plan, the
				  department shall notify the facility to cease the use of the direct monitoring
				  option until the bases for rejection are corrected.
b. One or more of the following spent
				  solvents listed in s. NR 661.0031: methylene chloride, 1,1,1-trichloroethane,
				  chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene,
				  toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent
				  chlorofluorocarbon solvents, 2-ethoxyethanol, or the scrubber waters derived
				  from the combustion of these spent solvents, provided that the maximum total
				  weekly usage of these solvents, other than the amounts that can be demonstrated
				  not to be discharged to wastewater, divided by the average weekly flow of
				  wastewater into the headworks of the facility's wastewater treatment or
				  pretreatment system does not exceed 25 parts per million, or the total measured
				  concentration of these solvents entering the headworks of the facility's
				  wastewater treatment system, at facilities subject to regulation under the
				  Clean Air Act as amended, at 40 CFR part 60, 61, or 63, or subject to ch. NR
				  440, subchs. III and IV of ch. NR 446, or chs.
				  NR
				  447 to 469 or at facilities subject to an enforceable
				  limit in a federal operating permit that minimizes fugitive emissions, does not
				  exceed 25 parts per million on an average weekly basis. Facilities that choose
				  to measure concentration levels shall file a copy of their sampling and
				  analysis plan with the department. A facility shall file a copy of a revised
				  sampling and analysis plan only if the initial plan is rendered inaccurate by
				  changes in the facility's operations. The sampling and analysis plan shall
				  include the monitoring point location, headworks, the sampling frequency and
				  methodology, and a list of constituents to be monitored. A facility is eligible
				  for the direct monitoring option once it receives confirmation that the
				  sampling and analysis plan has been received by the department. The department
				  may reject the sampling and analysis plan if the department finds that the
				  sampling and analysis plan fails to include the above information, or the plan
				  parameters would not enable the facility to calculate the weekly average
				  concentration of these chemicals accurately. If the department rejects the
				  sampling and analysis plan or if the department finds that the facility is not
				  following the sampling and analysis plan, the department shall notify the
				  facility to cease the use of the direct monitoring option until the bases for
				  rejection are corrected.
c. One of
				  the following wastes listed in s. NR 661.0032, if the wastes are discharged to
				  the refinery oil recovery sewer before primary oil, water, or solids
				  separation: heat exchanger bundle cleaning sludge from the petroleum refining
				  industry (EPA hazardous waste number K050), crude oil storage tank sediment
				  from petroleum refining operations (EPA hazardous waste number K169), clarified
				  slurry oil tank sediment or in-line filter/separation solids from petroleum
				  refining operations (EPA hazardous waste number K170), spent hydrotreating
				  catalyst (EPA hazardous waste number K171), and spent hydrorefining catalyst
				  (EPA hazardous waste number K172).
d. A discarded hazardous waste, commercial
				  chemical product, or chemical intermediate listed in ss. NR 661.0031 to
				  661.0033, arising from de minimis losses of these materials. For the purposes
				  of this subd. 4. d., de minimis losses are inadvertent releases to a wastewater
				  treatment system, including those from normal material handling operations,
				  such as spills from the unloading or transfer of materials from bins or other
				  containers, leaks from pipes, valves or other devices used to transfer
				  materials; minor leaks of process equipment, storage tanks or containers; leaks
				  from well maintained pump packings and seals; sample purgings; relief device
				  discharges; discharges from safety showers and rinsing and cleaning of personal
				  safety equipment; and rinsate from empty containers or from containers that are
				  rendered empty by that rinsing. Any manufacturing facility that claims an
				  exemption for de minimis quantities of wastes listed in ss. NR 661.0031 to
				  661.0032, or any nonmanufacturing facility that claims an exemption for de
				  minimis quantities of wastes listed in subch. D shall either have eliminated
				  the discharge of wastewaters or have included in its Wisconsin Pollution
				  Discharge Elimination System permit application or submission to its
				  pretreatment control authority the constituents for which each waste was listed
				  in ch. NR 661 Appendix VII and the constituents in the table "Treatment
				  Standards for Hazardous Wastes" in s.
				  NR
				  668.40 for which each waste has a treatment standard.
				  A facility is eligible to claim the exemption once the department has been
				  notified of possible de minimis releases via the Wisconsin Pollution Discharge
				  Elimination System permit application or the pretreatment control authority
				  submission. A copy of the Wisconsin Pollution Discharge Elimination System
				  permit application or the submission to the pretreatment control authority
				  shall be placed in the facility's on-site files.
e. Wastewater resulting from laboratory
				  operations containing toxic (T) wastes listed in subch. D if the annualized
				  average flow of laboratory wastewater does not exceed one percent of total
				  wastewater flow into the headworks of the facility's wastewater treatment or
				  pre-treatment system or provided the wastes combined annualized average
				  concentration does not exceed one part per million in the headworks of the
				  facility's wastewater treatment or pre-treatment facility. Toxic (T) wastes
				  used in laboratories that are demonstrated not to be discharged to wastewater
				  are not to be included in this calculation.
f. One or more of the following wastes listed
				  in s. NR 661.0032: wastewaters from the production of carbamates and carbamoyl
				  oximes (EPA hazardous waste number K157) provided that the maximum weekly usage
				  of formaldehyde, methyl chloride, methylene chloride, and trimethylamine,
				  (including all amounts that cannot be demonstrated to be reacted in the
				  process, destroyed through treatment, or recovered) divided by the average
				  weekly flow of process wastewater prior to any dilution into the headworks of
				  the facility's wastewater treatment system does not exceed a total of 5 parts
				  per million by weight or the total measured concentration of these chemicals
				  entering the headworks of the facility's wastewater treatment system, at
				  facilities subject to regulation under the Clean Air Act as amended, at 40 CFR
				  part 60, 61, or 63, or subject to ch. NR 440, subchs. III and IV of ch. NR 446,
				  or chs.
				  NR
				  447 to 469, or at facilities subject to an enforceable
				  limit in a federal operating permit that minimizes fugitive emissions, does not
				  exceed 5 parts per million on an average weekly basis. A facility that chooses
				  to measure concentration levels shall file a copy of its sampling and analysis
				  plan with the department as the context requires. A facility shall file a copy
				  of a revised sampling and analysis plan only if the initial plan is rendered
				  inaccurate by changes in the facility's operations. The sampling and analysis
				  plan shall include the monitoring point location (headworks), the sampling
				  frequency and methodology, and a list of constituents to be monitored. A
				  facility is eligible for the direct monitoring option once it receives
				  confirmation that the sampling and analysis plan has been received by the
				  department. The department may reject the sampling and analysis plan if the
				  department finds that the sampling and analysis plan fails to include the above
				  information, or the plan parameters would not enable the facility to calculate
				  the weekly average concentration of these chemicals accurately. If the
				  department rejects the sampling and analysis plan or if the department finds
				  that the facility is not following the sampling and analysis plan, the
				  department shall notify the facility to cease the use of the direct monitoring
				  option until the bases for rejection are corrected.
g. Wastewaters derived from the treatment of
				  one or more of the following wastes listed in s. NR 661.0032 organic waste,
				  including heavy ends, still bottoms, light ends, spent solvents, filtrates, and
				  decantates, from the production of carbamates and carbamoyl oximes, EPA
				  hazardous waste numbers K156, provided that the maximum concentration of
				  formaldehyde, methyl chloride, methylene chloride, and triethylamine prior to
				  any dilutions into the headworks of the facility's wastewater treatment system
				  does not exceed a total of 5 milligrams per liter or the total measured
				  concentration of these chemicals entering the headworks of the facility's
				  wastewater treatment system at facilities subject to regulation under the Clean
				  Air Act as amended, at 40 CFR part 60, 61, or 63, or subject to ch. NR 440,
				  subchs. III and IV of ch. NR 446, or chs.
				  NR
				  447 to 469, or, at facilities subject to an
				  enforceable limit in a federal operating permit that minimizes fugitive
				  emissions does not exceed 5 milligrams per liter on an average weekly basis. A
				  facility that chooses to measure concentration levels shall file copy of its
				  sampling and analysis plan with the department. A facility shall file a copy of
				  a revised sampling and analysis plan only if the initial plan is rendered
				  inaccurate by changes in the facility's operations. The sampling and analysis
				  plan shall include the monitoring point location, headworks, the sampling
				  frequency and methodology, and a list of constituents to be monitored. A
				  facility is eligible for the direct monitoring option once it receives
				  confirmation that the sampling and analysis plan has been received by the
				  department. The department may reject the sampling and analysis plan if the
				  department finds that the sampling and analysis plan fails to include the above
				  information or the plan parameters would not enable the facility to calculate
				  the weekly average concentration of these chemicals accurately. If the
				  department rejects the sampling and analysis plan or if the department finds
				  that the facility is not following the sampling and analysis plan, the
				  department shall notify the facility to cease the use of the direct monitoring
				  option until the bases for rejection are corrected.
5. Used oil containing more than 1,000 ppm
				  total halogens is presumed to be a hazardous waste because it has been mixed
				  with halogenated hazardous waste listed in subch. D. Persons may rebut this
				  presumption by demonstrating that the used oil does not contain hazardous
				  waste, for example to show that the used oil does not contain significant
				  concentrations of halogenated hazardous constituents listed in ch. NR 661
				  Appendix VIII.
a. The rebuttable presumption
				  does not apply to metalworking oils or fluids containing chlorinated paraffins,
				  if they are processed, through a tolling agreement, to reclaim metalworking
				  oils or fluids. The presumption does apply to metalworking oils or fluids if
				  the oils or fluids are recycled in any other manner or disposed.
b. The rebuttable presumption does not apply
				  to used oils contaminated with chlorofluorocarbons, or CFCs, removed from
				  refrigeration units where the CFCs are destined for reclamation. The rebuttable
				  presumption does apply to used oils contaminated with CFCs that have been mixed
				  with used oil from sources other than refrigeration units.