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 662.011 - Hazardous waste determination and recordkeeping

Current through June 24, 2024
A person who generates a solid waste, as defined in s. NR
					 661.0002, shall make an accurate determination as to whether that waste is a
					 hazardous waste in order to ensure wastes are properly managed according to
					 chs.
					 NR
					 660 to 679. A hazardous waste determination is made
					 using all of the following steps:
(1)
				  The hazardous waste determination for each solid waste shall be made at the
				  point of waste generation, before any dilution, mixing, or other alteration of
				  the waste occurs, and at any time in the course of its management that it has,
				  or may have, changed its properties as a result of exposure to the environment
				  or other factors that may change the properties of the waste such that the RCRA
				  classification of the waste may change.
(2) A person shall determine whether the
				  solid waste is excluded from regulation under s. NR 661.0004.
(3) If the waste is not excluded under s. NR
				  661.0004, the person shall use knowledge of the waste to determine whether the
				  waste meets any of the listing descriptions under subch. D of ch. NR 661.
				  Acceptable knowledge that may be used in making an accurate determination as to
				  whether the waste is listed may include waste origin, composition, the process
				  producing the waste, feedstock, and other reliable and relevant information. If
				  the waste is listed, the person may file a delisting petition under
				  40 CFR
				  260.20 and
				  260.22
				  to demonstrate to the EPA administrator that the waste from this particular
				  site or operation is not a hazardous waste. The department shall recognize an
				  EPA granted delisting unless the department clearly establishes that a
				  delisting would threaten human health or the environment.
(4) The person shall also determine whether
				  the waste exhibits one or more hazardous characteristics as identified in
				  subch. C of ch. NR 661 by following all of the following procedures:
(a) The person shall apply knowledge of the
				  hazard characteristic of the waste in light of the materials or the processes
				  used to generate the waste. Acceptable knowledge may include any of the
				  following: process knowledge, which describes information about chemical
				  feedstocks and other inputs to the production process; knowledge of products,
				  by-products, and intermediates produced by the manufacturing process; chemical
				  or physical characterization of wastes; information on the chemical and
				  physical properties of the chemicals used or produced by the process or
				  otherwise contained in the waste; testing that illustrates the properties of
				  the waste; or other reliable and relevant information about the properties of
				  the waste or its constituents. A test other than a test method set forth in
				  subch. C of ch. NR 661, or an equivalent test method approved by the department
				  under s.
				  NR
				  660.21, may be used as evidence of a person's
				  knowledge to determine whether a solid waste exhibits a characteristic of
				  hazardous waste. However, such tests do not, by themselves, provide definitive
				  results. A person testing the waste shall obtain a representative sample of the
				  waste for the testing, as defined in s.
				  NR
				  660.10(101).
(b) When available knowledge is inadequate to
				  make an accurate determination, the person shall test the solid waste according
				  to the applicable methods set forth in subch. C of ch. NR 661 or according to
				  an equivalent method approved by the department under s.
				  NR
				  660.21 and in accordance with all of the following:
1. A person testing the waste shall obtain a
				  representative sample of the waste for the testing, as defined in s.
				  NR
				  660.10(101).
2. When a test method is specified in subch.
				  C of ch. NR 661, the results of the regulatory test, when properly performed,
				  are definitive for determining the regulatory status of the waste.
Note:
Wisconsin hazardous waste treatment,
					 storage and disposal facility standard s.
					 NR 664.0013(1) (a)
					 1. requires that chemical and physical
					 samples are analyzed by a laboratory certified or registered under ch. NR 149,
					 except for field analyses for pH, specific conductance, and
					 temperature.