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 662.014 - Conditions for exemption for a very small quantity generator

Current through June 24, 2024
(1) Provided that
				  the very small quantity generator meets all of the conditions for exemption
				  listed in this section, hazardous waste generated by the very small quantity
				  generator is not subject to the requirements under chs.
				  NR
				  662 (except for the requirements under ss.
				  NR
				  662.010 to 662.014 ) to 668, and 670, and the
				  notification requirements under s.
				  NR
				  660.07, and the very small quantity generator may
				  accumulate hazardous waste on-site without complying with such requirements.
				  The conditions for exemption are all of the following:
(a) In a calendar month the very small
				  quantity generator generates less than or equal to the amounts specified for a
				  very small quantity generator in s.
				  NR
				  660.10(139).
(b) The very small quantity generator
				  complies with s.
				  NR 662.011(1) to
				  (4).
Note:
It is recommended that a very small
					 quantity generator follow the recordkeeping requirements specified in s.
					 NR
					 662.011(6) to document its waste
					 determinations.
(c) If the
				  very small quantity generator accumulates at any time greater than 1 kilogram
				  of acute hazardous waste or 100 kilograms of any residue or contaminated soil,
				  water, or other debris resulting from the cleanup of a spill, into or on any
				  land or water, of any acute hazardous waste listed in s. NR 661.0031 or
				  661.0033(5), all quantities of that acute hazardous waste are subject to all of
				  the following additional conditions for exemption:
1. The waste is held on-site for no more than
				  90 days beginning on the date when the accumulated wastes exceed the amounts
				  provided in s. NR 662.014(1) (c).
2. The conditions for exemption specified in
				  s. NR 662.017(1) to (7) are met.
(d) If the very small quantity generator
				  accumulates at any time 1,000 kilograms or greater of non-acute hazardous
				  waste, all quantities of that hazardous waste are subject to all of the
				  following additional conditions for exemption:
1. The waste is held on-site for no more than
				  180 days, or 270 days if the generator meets the requirements specified in s.
				  NR 662.016(3), beginning on the date when the accumulated waste exceeds the
				  amounts provided in s. NR 662.014(1) (c).
2. The quantity of waste accumulated on-site
				  never exceeds 6,000 kilograms.
3.
				  The conditions for exemption specified in s. NR 662.016(2) (b) to (6) are
				  met.
(e) A very small
				  quantity generator that accumulates hazardous waste in amounts less than or
				  equal to the limits specified in pars. (c) and (d) shall either treat or
				  dispose of its hazardous waste in an on-site facility or ensure delivery to an
				  off-site treatment, storage, or disposal facility. If the off-site treatment,
				  storage, or disposal facility is located outside of Wisconsin, the facility
				  shall be one of the following:
1. Permitted
				  under 40 CFR part 270.
2. In
				  interim status under 40 CFR parts 265 and 270.
3. Authorized to manage hazardous waste by a
				  state with a hazardous waste management program approved under 40 CFR part
				  271.
4. Permitted, licensed, or
				  registered by a state to manage municipal solid waste and, if managed in a
				  municipal solid waste landfill, subject 40 CFR part 258.
5. Permitted, licensed, or registered by a
				  state to manage non-municipal non-hazardous waste and, if managed in a
				  non-municipal non-hazardous waste disposal unit, subject to the requirements in
				  40
				  CFR 257.5 to
				  257.30.
6. A facility that does any of the following:
a. Beneficially uses or reuses, or
				  legitimately recycles or reclaims, its waste.
b. Treats its waste prior to beneficial use
				  or reuse or legitimate recycling or reclamation.
7. For universal waste managed under 40 CFR
				  part 273, a universal waste handler or destination facility subject to the
				  requirements of 40 CFR part 273.
8.
				  A large quantity generator under the control of the same person as the very
				  small quantity generator, provided all the following conditions are met:
a. "Control," for the purposes of this
				  section, means the power to direct the policies of the generator, whether by
				  the ownership of stock, voting rights, or otherwise, except that contractors
				  who operate generator facilities on behalf of a different person as defined in
				  s.
				  NR
				  660.10(90) may not be deemed to
				  "control" such generators.
b. The
				  very small quantity generator and the large quantity generator are under the
				  control of the same person as defined in
				  40
				  CFR 260.10.
c. The very small quantity generator marks
				  its container of hazardous waste with the words "Hazardous Waste" and 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 704 label, incorporated into s.
				  SPS 314.001(1)
				  (a).
9. A reverse distributor, as defined in s. NR
				  666.500, if the hazardous waste pharmaceutical is a potentially creditable
				  hazardous waste pharmaceutical generated by a healthcare facility as defined in
				  s. NR 666.500.
10. A healthcare
				  facility as defined in s. NR 666.500 that meets the conditions in ss. NR
				  666.502(a) and 666.503(2), as applicable, to accept non-creditable hazardous
				  waste pharmaceuticals and potentially creditable hazardous waste
				  pharmaceuticals from an off-site healthcare facility that is a very small
				  quantity generator.
11. For airbag
				  waste, an airbag waste collection facility or a designated facility subject to
				  the requirements of
				  40
				  CFR
				  261.4(j).
(f) A very small quantity generator that
				  accumulates hazardous waste in amounts less than or equal to the limits
				  specified in pars. (c) and (d) shall either treat or dispose of its hazardous
				  waste in an on-site facility or ensure delivery to an off-site treatment,
				  storage, or disposal facility. If the off-site treatment, storage, or disposal
				  facility is located in Wisconsin, the facility shall be all of the following:
1. Licensed under ch. NR 670.
2. In interim status under chs.
				  NR 665 and 670.
3. A licensed solid waste disposal facility
				  that has been approved by the department to accept hazardous waste from very
				  small quantity generators.
4. A
				  facility that does any of the following:
a.
				  Beneficially uses or reuses or legitimately recycles or reclaims its
				  waste.
b. Treats its waste prior to
				  beneficial use or reuse or legitimate recycling or reclamation.
5. For universal waste managed
				  under ch. NR 673, a universal waste handler or destination facility subject to
				  the requirements of ch. NR 673.
6.
				  A large quantity generator under the control of the same person as the very
				  small quantity generator, provided all of the following conditions are met:
a. The very small quantity generator and the
				  large quantity generator are under the control of the same person as defined in
				  s.
				  NR
				  660.10(90).
b. The very small quantity generator marks
				  its container of hazardous waste with the words "Hazardous Waste" and 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 704 label, incorporated into s.
				  SPS 314.001(1)
				  (a).
11. For airbag waste, an airbag waste
				  collection facility or a designated facility subject to the requirements
				  specified in s. NR 661.0004(10).
Note:
Very Small Quantity Generators may also
					 send their waste to facilities identified in
					 40 CFR
					 262.14(5).