Header:
WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF NATURAL RESOURCES
CHAPTER NR 661. HAZARDOUS WASTE IDENTIFICATION AND LISTING
SUBCHAPTER A -- GENERAL
Date:
08/31/2009
Document:
NR 661.04 Exclusions.
(1) MATERIALS WHICH 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.
2. Any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly-owned treatment works for treatment. "Domestic sewage" means untreated sanitary wastes that pass through a sewer system.
(b) Industrial wastewater discharges that are point source discharges subject to regulation under ss. 283.31 and 283.33, Stats.
Note: This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment.
(c) Irrigation return flows.
(d) Source, special nuclear or by-product material as defined by 42 USC 2011 to 2114.
Note: Title 42 USC 2011 to 2114 is also known as the atomic energy act of 1954, as amended.
(e) Materials subjected to in-situ mining techniques which are not removed from the ground as part of the extraction process.
(f) Pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless it is accumulated speculatively as defined in s. NR 661.01 (3).
(g) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as defined in s. NR 661.01 (3).
(h) Secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided all of the following are met:
1. Only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance.
2. Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces or incinerators).
3. The secondary materials are never accumulated in the tanks for over 12 months without being reclaimed.
4. The reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal.
(i) All of the following:
1. Spent wood preserving solutions that have been reclaimed and are reused for their original intended purpose.
2. Wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood.
3. Prior to reuse, the wood preserving wastewaters and spent wood preserving solutions described in subds. 1. and 2., so long as they meet all of the following conditions:
a. The wood preserving wastewaters and spent wood preserving solutions are reused on-site at water borne plants in the production process for their original intended purpose.
b. Prior to reuse, the wastewaters and spent wood preserving solutions are managed to prevent release to either land or groundwater or both.
c. Any unit used to manage wastewaters or spent wood preserving solutions prior to reuse can be visually or otherwise determined to prevent the releases.
d. Any drip pad used to manage the wastewaters or spent wood preserving solutions prior to reuse complies with the standards in subch. W of ch. NR 665, regardless of whether the plant generates a total of less than 100 kg/month of hazardous waste.
e. Prior to operating under this exclusion, the plant owner or operator submits to the department a one-time notification stating that the plant intends to claim the exclusion, giving the date on which the plant intends to begin operating under the exclusion and containing the following language: "I have read the applicable rule establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand it requires me to comply at all times with the conditions set out in the rule." The plant shall maintain a copy of that document in its on-site records for a period of no less than 3 years from the date specified in the notice. The exclusion applies only so long as the plant meets all of the conditions. If the plant goes out of compliance with any condition, it may apply to the department for reinstatement. The department may reinstate the exclusion upon finding that the plant has returned to compliance with all conditions and that violations are not likely to recur.
(j) EPA hazardous waste numbers K060, K087, K141, K142, K143, K144, K145, K147 and K148, and any wastes from the coke by-products processes that are hazardous only because they exhibit the toxicity characteristic (TC) specified in s. NR 661.24 when, subsequent to generation, these materials are recycled to coke ovens, to the tar recovery process as a feedstock to produce coal tar, or mixed with coal tar prior to the tar's sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the point they are generated to the point they are recycled to coke ovens or tar recovery or refining processes, or mixed with coal tar.
(k) Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, provided it is shipped in drums (if shipped) and not land disposed before recovery.
(L) All of the following:
1. Oil-bearing hazardous secondary materials (i.e., sludges, byproducts or spent materials) that are generated at a petroleum refinery (SIC code 2911) and are inserted into the petroleum refining process (SIC code 2911--including, but not limited to, distillation, catalytic cracking, fractionation or thermal cracking units (i.e., cokers)) unless the material is placed on the land, or speculatively accumulated before being so recycled. Materials inserted into thermal cracking units are excluded under this subdivision, provided that the coke product also does not exhibit a characteristic of hazardous waste. Oil-bearing hazardous secondary materials may be inserted into the same petroleum refinery where they are generated, or sent directly to another petroleum refinery, and still be excluded under this subdivision. Except as provided in subd. 2., oil-bearing hazardous secondary materials generated elsewhere in the petroleum industry (i.e., from sources other than petroleum refineries) are not excluded under this section. Residuals generated from processing or recycling materials excluded under this subdivision, where the materials as generated would have otherwise met a listing under subch. D, are designated as F037 listed wastes when disposed of or intended for disposal.
2. Recovered oil that is recycled in the same manner and with the same conditions as described in subd. 1. Recovered oil is oil that has been reclaimed from secondary materials (including wastewater) generated from normal petroleum industry practices, including refining, exploration and production, bulk storage and transportation incident to those practices (SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171 and 5172). Recovered oil does not include oil-bearing hazardous wastes listed in subch. D; however, oil recovered from these wastes may be considered recovered oil. Recovered oil does not include used oil as defined in s. NR 679.01.
(m) Excluded scrap metal (processed scrap metal, unprocessed home scrap metal and unprocessed prompt scrap metal) being recycled.
(n) Shredded circuit boards being recycled if they are all of the following:
1. Stored in containers sufficient to prevent a release to the environment prior to recovery.
2. Free of mercury switches, mercury relays and nickel-cadmium batteries and lithium batteries.
(o) Condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with s. NR 464.06 (5). The exemption applies only to combustion at the mill generating the condensates.
(p) Comparable fuels or comparable syngas fuels that meet s. NR 661.38.
(q) Spent materials (as defined in s. NR 661.01) (other than hazardous wastes listed in subch. D) generated within the primary mineral processing industry from which minerals, acids, cyanide, water or other values are recovered by mineral processing or by beneficiation, if all of the following are met:
1. The spent material is legitimately recycled to recover minerals, acids, cyanide, water or other values.
2. The spent material is not accumulated speculatively.
3. Except as provided in subd. 4., the spent material is stored in tanks, containers or buildings meeting the following minimum integrity standards: a building shall be an engineered structure with a floor, walls and a roof all of which are made of non-earthen materials providing structural support (except smelter buildings may have partially earthen floors provided the spent material is stored on the non-earthen portion), and have a roof suitable for diverting rainwater away from the foundation; a tank shall be free standing, not be a surface impoundment (as defined in s. NR 660.10), and be manufactured of a material suitable for containment of its contents; a container shall be free standing and be manufactured of a material suitable for containment of its contents. If tanks or containers contain any particulate which may be subject to wind dispersal, the owner or operator shall operate these units in a manner which controls fugitive dust. Tanks, containers and buildings shall be designed, constructed and operated to prevent significant releases to the environment of these materials.
4. The department may make a site-specific determination, after public review and comment, that only solid mineral processing spent material may be placed on pads, rather than in tanks, containers or buildings. Solid mineral processing spent materials do not contain any free liquid. The department shall affirm that pads are designed, constructed and operated to prevent significant releases of the spent material into the environment. Pads shall provide the same degree of containment as tanks, containers and buildings that meet the design, construction and operating requirements in subd. 3.
a. The department shall also consider if storage on pads poses the potential for significant releases via groundwater, surface water and air exposure pathways. Factors to be considered for assessing the groundwater, surface water and air exposure pathways are: the volume and physical and chemical properties of the spent material, including its potential for migration off the pad; the potential for human or environmental exposure to hazardous constituents migrating from the pad via each exposure pathway, and the possibility and extent of harm to human and environmental receptors via each exposure pathway.
b. Pads shall meet the following minimum standards: be designed of non-earthen material that is compatible with the chemical nature of the mineral processing spent material, capable of withstanding physical stresses associated with placement and removal, have run on and runoff controls, be operated in a manner which controls fugitive dust and have integrity assurance through inspections and maintenance programs.
c. Before making a determination under this subdivision, the department shall provide notice and the opportunity for comment to all persons potentially interested in the determination. This can be accomplished by placing notice of this action in major local newspapers, or broadcasting notice over local radio stations.
5. The owner or operator provides notice to the department providing the following information: the types of materials to be recycled, the type and location of the storage units and recycling processes and the annual quantities expected to be placed in land-based units. This notification shall be updated when there is a change in the type of materials recycled or the location of the recycling process.
6. For purposes of sub. (2) (g), mineral processing spent materials shall be the result of mineral processing and may not include any listed hazardous wastes. Listed hazardous wastes and characteristic hazardous wastes generated by non-mineral processing industries are not eligible for this conditional exclusion from the definition of solid waste.
(r) Petrochemical recovered oil from an associated organic chemical manufacturing facility, where the oil is to be inserted into the petroleum refining process (SIC code 2911) along with normal petroleum refinery process streams, if all of the following are met:
1. The oil is hazardous only because it exhibits the characteristic of ignitability (as defined in s. NR 661.21) or toxicity for benzene (s. NR 661.24, waste code D018).
2. The oil generated by the organic chemical manufacturing facility is not placed on the land, or speculatively accumulated before being recycled into the petroleum refining process. An "associated organic chemical manufacturing facility" is a facility where the primary SIC code is 2869, but where operations may also include SIC codes 2821, 2822 and 2865; and is physically co-located with a petroleum refinery; and where the petroleum refinery to which the oil being recycled is returned also provides hydrocarbon feedstocks to the organic chemical manufacturing facility. "Petrochemical recovered oil" is oil that has been reclaimed from secondary materials (i.e., sludges, byproducts or spent materials, including wastewater) from normal organic chemical manufacturing operations, as well as oil recovered from organic chemical manufacturing processes.
(s) Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid unless the material is placed on the land, or accumulated speculatively as defined in s. NR 661.01 (3).
(t) Hazardous secondary materials used to make zinc fertilizers, provided that all of the following conditions are met:
1. Hazardous secondary materials used to make zinc micronutrient fertilizers may not be accumulated speculatively, as defined in s. NR 661.01 (3) (h).
2. Generators and intermediate handlers of zinc-bearing hazardous secondary materials that are to be incorporated into zinc fertilizers shall do all of the following:
a. Submit a one-time notice to the department, which contains the name, address and EPA identification number of the generator or intermediate handler facility, provides a brief description of the secondary material that will be subject to the exclusion and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in this paragraph.
b. Store the excluded secondary material in tanks, containers or buildings that are constructed and maintained in a way that prevents releases of the secondary materials into the environment. At a minimum, any building used for this purpose shall be an engineered structure made of non-earthen materials that provide structural support, and shall have a floor, walls and a roof that prevent wind dispersal and contact with rainwater. Tanks used for this purpose shall be structurally sound and, if outdoors, shall have roofs or covers that prevent contact with wind and rain. Containers used for this purpose shall be kept closed except when it is necessary to add or remove material, and shall be in sound condition. Containers that are stored outdoors shall be managed within storage areas that do all of the following:
1) Have containment structures or systems sufficiently impervious to contain leaks, spills and accumulated precipitation.
2) Provide for effective drainage and removal of leaks, spills and accumulated precipitation.
3) Prevent run-on into the containment system.
c. With each off-site shipment of excluded hazardous secondary materials, provide written notice to the receiving facility that the material is subject to the conditions of this paragraph.
d. Maintain at the generator's or intermediate handlers' facility for no less than 3 years records of all shipments of excluded hazardous secondary materials. For each shipment these records shall at a minimum contain all of the following information:
1) Name of the transporter and date of the shipment.
2) Name and address of the facility that received the excluded material, and documentation confirming receipt of the shipment.
3) Type and quantity of excluded secondary material in each shipment.
3. Manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials shall do all of the following:
a. Store excluded hazardous secondary materials according to the storage requirements for generators and intermediate handlers, as specified in subd. 2. b.
b. Submit a one-time notification to the department that, at a minimum, specifies the name, address and EPA identification number of the manufacturing facility, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in this paragraph.
c. Maintain for a minimum of 3 years records of all shipments of excluded hazardous secondary materials received by the manufacturer, which shall at a minimum identify for each shipment the name and address of the generating facility, name of transporter and date the materials were received, the quantity received and a brief description of the industrial process that generated the material.
d. Submit to the department an annual report that identifies the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizers or zinc fertilizer ingredients in the previous year, the name and address of each generating facility, and the industrial processes from which they were generated.
4. Nothing in this section preempts, overrides or otherwise negates s. NR 662.011, which requires any person who generates a solid waste to determine if that waste is a hazardous waste.
5. Licensed storage units that have been used to store only zinc-bearing hazardous wastes prior to the submission of the one-time notice described in subd. 2. a., and that afterward will be used only to store hazardous secondary materials excluded under this paragraph, are not subject to the closure requirements of chs. NR 664 and 665.
(u) Zinc fertilizers made from hazardous wastes, or hazardous secondary materials that are excluded under par. (t), provided that all of the following are met:
1. The fertilizers meet all of the following contaminant limits:
a. For metal contaminants:
Maximum Allowable
Constituent Total Concentration in Fertilizer,
per Unit (1%) of Zinc (ppm)
Arsenic 0.3
Cadmium 1.4
Chromium 0.6
Lead 2.8
Mercury 0.3
b. For dioxin contaminants the fertilizer shall contain no more than 8 parts per trillion of dioxin, measured as toxic equivalent (TEQ).
2. The manufacturer performs sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals no less than every 6 months, and for dioxins no less than every 12 months. The manufacturer shall also perform testing whenever changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product. The manufacturer may use any reliable analytical method to demonstrate that no constituent of concern is present in the product at concentrations above the applicable limits. It is the responsibility of the manufacturer to ensure that the sampling and analysis are unbiased, precise and representative of the products introduced into commerce.
3. The manufacturer maintains for no less than 3 years records of all sampling and analyses performed for purposes of determining compliance with subd. 2. The records shall at a minimum include all of the following:
a. The dates and times product samples were taken, and the dates the samples were analyzed.
b. The names and qualifications of the persons taking the samples.
c. A description of the methods and equipment used to take the samples.
d. The name and address of the laboratory facility at which analyses of the samples were performed.
e. A description of the analytical methods used, including any cleanup and sample preparation methods.
f. All laboratory analytical results used to determine compliance with the contaminant limits specified in this paragraph.
(2) SOLID WASTES WHICH ARE NOT HAZARDOUS WASTES. All of the following solid wastes are not hazardous wastes:
(a) Household waste, including household waste that has been collected, transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel) or reused, except if the hazardous waste in this waste stream is separated for management at a collection facility regulated under subch. HH of ch. NR 666. "Household waste" means any material (including garbage, trash and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas). A resource recovery facility managing municipal solid waste may not be deemed to be treating, storing, disposing of or otherwise managing hazardous wastes for the purposes of regulation under chs. NR 660 to 673, if the facility does all of the following:
1. Receives and burns only all of the following:
a. Household waste (from single and multiple dwellings, hotels, motels and other residential sources).
b. Solid waste from commercial or industrial sources that does not contain hazardous waste.
2. Does not accept hazardous wastes and the owner or operator of the facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in the facility.
(b) Solid wastes generated by any of the following and which are returned to the soils as fertilizers:
1. The growing and harvesting of agricultural crops.
2. The raising of animals, including animal manures.
(c) Mining overburden returned to the mine site.
(d) Fly ash waste, bottom ash waste, slag waste and flue gas emission control waste, generated primarily from the combustion of coal or other fossil fuels, except as provided by s. NR 666.112 for facilities that burn or process hazardous waste.
(e) Drilling fluids, produced waters and other wastes associated with the exploration, development or production of crude oil, natural gas or geothermal energy.
(f) All of the following:
1. Wastes which fail the test for the toxicity characteristic because chromium is present or are listed in subch. D due to the presence of chromium, which do not fail the test for the toxicity characteristic for any other constituent or are not listed due to the presence of any other constituent, and which do not fail the test for any other characteristic, if it is shown by a waste generator or by waste generators that all of the following apply:
a. The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium.
b. The waste is generated from an industrial process which uses trivalent chromium exclusively (or nearly exclusively) and the process does not generate hexavalent chromium.
c. The waste is typically and frequently managed in non-oxidizing environments.
Note: See the preamble to the October 30, 1980 federal register starting at 45 FR 72035 for more information.
2. Specific wastes which meet the standard in subd. 1. a. to c. (so long as they do not fail the test for the toxicity characteristic for any other constituent, and do not exhibit any other characteristic) are any of the following:
a. Chrome (blue) trimmings generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet finish, no beamhouse, through-the-blue and shearling.
b. Chrome (blue) shavings generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet finish, no beamhouse, through-the-blue and shearling.
c. Buffing dust generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet finish, no beamhouse and through-the-blue.
d. Sewer screenings generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet finish, no beamhouse, through-the-blue and shearling.
e. Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet finish, no beamhouse, through-the-blue and shearling.
f. Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish and through-the-blue.
g. Waste scrap leather from the leather tanning industry, the shoe manufacturing industry and other leather product manufacturing industries.
h. Wastewater treatment sludges from the production of TiO[2] pigment using chromium-bearing ores by the chloride process.
(g) Solid waste from the extraction, beneficiation and processing of ores and minerals (including coal, phosphate rock and over-burden from the mining of uranium ore), except as provided by s. NR 666.112 for facilities that burn or process hazardous waste.
1. For purposes of this paragraph beneficiation of ores and minerals is restricted to the following activities: crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briquetting; calcining to remove water or carbon dioxide; roasting, autoclaving, or chlorination in preparation for leaching (except where the roasting (or autoclaving or chlorination) or leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing); gravity concentration; magnetic separation; electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank and in situ leaching.
2. For the purposes of this paragraph, solid waste from the processing of ores and minerals includes only the following wastes as generated:
a. Slag from primary copper processing.
b. Slag from primary lead processing.
c. Red and brown muds from bauxite refining.
d. Phosphogypsum from phosphoric acid production.
e. Slag from elemental phosphorus production.
f. Gasifier ash from coal gasification.
g. Process wastewater from coal gasification.
h. Calcium sulfate wastewater treatment plant sludge from primary copper processing.
i. Slag tailings from primary copper processing.
j. Fluorogypsum from hydrofluoric acid production.
k. Process wastewater from hydrofluoric acid production.
L. Air pollution control dust or sludge from iron blast furnaces.
m. Iron blast furnace slag.
n. Treated residue from roasting or leaching of chrome ore.
o. Process wastewater from primary magnesium processing by the anhydrous process.
p. Process wastewater from phosphoric acid production.
q. Basic oxygen furnace and open hearth furnace air pollution control dust or sludge from carbon steel production.
r. Basic oxygen furnace and open hearth furnace slag from carbon steel production.
s. Chloride process waste solids from titanium tetrachloride production.
t. Slag from primary zinc processing.
3. A residue derived from co-processing mineral processing secondary materials with normal beneficiation raw materials or with normal mineral processing raw materials remains excluded under sub. (2) if the owner or operator does all of the following:
a. Processes at least 50% by weight normal beneficiation raw materials or normal mineral processing raw materials.
b. Legitimately reclaims the secondary mineral processing materials.
(h) Cement kiln dust waste, except as provided by s. NR 666.112 for facilities that burn or process hazardous waste.
(i) Solid waste which consists of discarded arsenical-treated wood or wood products which fails the test for the toxicity characteristic for hazardous waste codes D004 to D017 and which is not a hazardous waste for any other reason if the waste is generated by persons who utilize the arsenical-treated wood and wood product for the intended end use of these materials.
(j) Petroleum-contaminated media and debris that fail the test for the toxicity characteristic of s. NR 661.24 for any of the hazardous waste codes D018 to D043 only, and are subject to the corrective action rules under chs. Comm 10 and NR 706.
(L) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use.
(m) Non-terne plated used oil filters that are not mixed with wastes listed in subch. D if these oil filters have been gravity hot-drained using one of the following methods:
1. Puncturing the filter anti-drain back valve or the filter dome end and hot-draining.
2. Hot-draining and crushing.
3. Dismantling and hot-draining.
4. Any other equivalent hot-draining method that will remove used oil.
(n) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products.
(o) Leachate or gas condensate collected from landfills where certain solid wastes have been disposed, provided that all of the following are met:
1. The solid wastes disposed would meet one or more of the listing descriptions for hazardous waste codes K169, K170, K171, K172, K174, K175, K176, K177 and K178, if these wastes had been generated after August 1, 2006.
2. The solid wastes described in subd. 1. were disposed prior to August 1, 2006.
3. The leachate or gas condensate do not exhibit any characteristic of hazardous waste nor are derived from any other listed hazardous waste.
4. Discharge of the leachate or gas condensate, including leachate or gas condensate transferred from the landfill to a POTW by truck, rail or dedicated pipe, is subject to regulation under s. 283.21 (2), 283.31 or 283.33, Stats.
5. After August 1, 2006, leachate or gas condensate derived from K169 to K172 is no longer exempt if it is stored or managed in a surface impoundment prior to discharge. After August 1, 2006, leachate or gas condensate derived from K176, K177 and K178 will no longer be exempt if it is stored or managed in a surface impoundment prior to discharge. There is one exception: if the surface impoundment is used to temporarily store leachate or gas condensate in response to an emergency situation (e.g., shut-down of wastewater treatment system), provided the impoundment has a double liner, and provided the leachate or gas condensate is removed from the impoundment and continues to be managed in compliance with the conditions of this subdivision after the emergency ends.
(3) HAZARDOUS WASTES WHICH ARE EXEMPTED FROM CERTAIN RULES. A hazardous waste which is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated non-waste-treatment-manufacturing unit, is not subject to regulation under chs. NR 662 to 665, 668 and 670 or to the notification requirements of s. NR 660.07 until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials.
(4) SAMPLES. (a) Except as provided in par. (b), a sample of solid waste or a sample of water, soil or air, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to this chapter, chs. NR 662 to 670 or the notification requirements of s. NR 660.07, when one of the following occurs:
1. The sample is being transported to a laboratory for the purpose of testing.
2. The sample is being transported back to the sample collector after testing.
3. The sample is being stored by the sample collector before transport to a laboratory for testing.
4. The sample is being stored in a laboratory before testing.
5. The sample is being stored in a laboratory after testing but before it is returned to the sample collector.
6. The sample is being stored temporarily in the laboratory after testing for a specific purpose (for example, until conclusion of a court case or enforcement action where further testing of the sample may be necessary).
(b) In order to qualify for the exemption in par. (a) 1. and 2., a sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector shall do one of the following:
1. Comply with U.S. department of transportation (DOT), U.S. postal service (USPS) or any other applicable shipping requirements.
2. Comply with all of the following requirements if the sample collector determines that DOT, USPS or other shipping requirements do not apply to the shipment of the sample:
a. Assure that all of the following information accompanies the sample:
1) The sample collector's name, mailing address and telephone number.
2) The laboratory's name, mailing address and telephone number.
3) The quantity of the sample.
4) The date of shipment.
5) A description of the sample.
b. Package the sample so that it does not leak, spill or vaporize from its packaging.
(c) This exemption does not apply if the laboratory determines that the waste is hazardous and the laboratory is no longer meeting any of the conditions in par. (a).
(5) TREATABILITY STUDY SAMPLES. (a) Except as provided in par. (b), persons who generate or collect samples for the purpose of conducting treatability studies as defined in s. NR 660.10, are not subject to chs. NR 661 to 663 or to the notification requirements of s. NR 660.07, nor are the samples included in the quantity determinations of ss. NR 662.192 (1) and 662.220 when one of the following applies:
1. The sample is being collected and prepared for transportation by the generator or sample collector.
2. The sample is being accumulated or stored by the generator or sample collector prior to transportation to a laboratory or testing facility.
3. The sample is being transported to the laboratory or testing facility for the purpose of conducting a treatability study.
(b) The exemption in par. (a) is applicable to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies if all of the following apply:
1. The generator or sample collector uses (in "treatability studies") no more than 10,000 kg of media contaminated with non-acute hazardous waste, 1000 kg of non-acute hazardous waste other than contaminated media, 1 kg of acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste for each process being evaluated for each generated waste stream.
2. The mass of each sample shipment does not exceed 10,000 kg; the 10,000 kg quantity may be all media contaminated with non-acute hazardous waste, or may include 2500 kg of media contaminated with acute hazardous waste, 1000 kg of hazardous waste and 1 kg of acute hazardous waste.
3. The sample shall be packaged so that it will not leak, spill or vaporize from its packaging during shipment and one of the following requirements is met:
a. The transportation of each sample shipment complies with U.S. department of transportation (DOT), U.S. postal service (USPS) or any other applicable shipping requirements.
b. If the DOT, USPS or other shipping requirements do not apply to the shipment of the sample, all of the following information shall accompany the sample:
1) The name, mailing address and telephone number of the originator of the sample.
2) The name, address and telephone number of the facility that will perform the treatability study.
3) The quantity of the sample.
4) The date of shipment.
5) A description of the sample, including its EPA hazardous waste number.
4. The sample is shipped to a laboratory or testing facility which is exempt under s. NR 661.04 (6) or has an appropriate RCRA permit or interim status, or hazardous waste license under s. 291.25, Stats.
5. The generator or sample collector maintains all of the following records for a period ending 3 years after completion of the treatability study:
a. Copies of the shipping documents.
b. A copy of the contract with the facility conducting the treatability study.
c. Documentation showing all of the following:
1) The amount of waste shipped under this exemption.
2) The name, address and EPA identification number of the laboratory or testing facility that received the waste.
3) The date the shipment was made.
4) Whether or not unused samples and residues were returned to the generator.
6. The generator reports the information required under subd. 5. c. in its annual report.
(c) The department may grant requests on a case-by-case basis for up to an additional 2 years for treatability studies involving bioremediation. The department may grant requests on a case-by-case basis for quantity limits in excess of those specified in par. (b) 1. and 2. and sub. (6) (d), for up to an additional 5000 kg of media contaminated with non-acute hazardous waste, 500 kg of non-acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste and 1 kg of acute hazardous waste:
1. In response to requests for authorization to ship, store and conduct treatability studies on additional quantities in advance of commencing treatability studies. Factors to be considered in reviewing the requests include the nature of the technology, the type of process (e.g., batch versus continuous), size of the unit undergoing testing (particularly in relation to scale-up considerations), the time and quantity of material required to reach steady state operating conditions, or test design considerations such as mass balance calculations.
2. In response to requests for authorization to ship, store and conduct treatability studies on additional quantities after initiation or completion of initial treatability studies, when any of the following apply: there has been an equipment or mechanical failure during the conduct of a treatability study, there is a need to verify the results of a previously conducted treatability study, there is a need to study and analyze alternative techniques within a previously evaluated treatment process or there is a need to do further evaluation of an ongoing treatability study to determine final specifications for treatment.
3. The additional quantities and timeframes allowed in subds. 1. and 2. are subject to all the provisions in pars. (a) and (b) 3. to 6. The generator or sample collector shall apply to the department and provide in writing all of the following information:
a. The reason why the generator or sample collector requires additional time or quantity of sample for treatability study evaluation and the additional time or quantity needed.
b. Documentation accounting for all samples of hazardous waste from the waste stream which have been sent for or undergone treatability studies including the date each previous sample from the waste stream was shipped, the quantity of each previous shipment, the laboratory or testing facility to which it was shipped, what treatability study processes were conducted on each sample shipped and the available results on each treatability study.
c. A description of the technical modifications or change in specifications which will be evaluated and the expected results.
d. If further study is being required due to equipment or mechanical failure, the applicant shall include information regarding the reason for the failure or breakdown and also include what procedures or equipment improvements have been made to protect against further breakdowns.
e. Other information that the department considers necessary.
(6) SAMPLES UNDERGOING TREATABILITY STUDIES AT LABORATORIES AND TESTING FACILITIES. Samples undergoing treatability studies and the laboratory or testing facility conducting the treatability studies (to the extent the facilities are not otherwise subject to chs. NR 660 to 670) are not subject to this chapter, chs. NR 662 and 666 to 670, or to s. NR 660.07 if the conditions of pars. (a) to (k) are met. A mobile treatment unit (MTU) may qualify as a testing facility subject to pars. (a) to (k). Where a group of MTUs are located at the same site, the limitations specified in pars. (a) to (k) apply to the entire group of MTUs collectively as if the group were one MTU.
(a) No less than 45 days before conducting treatability studies, the facility notifies the department in writing that it intends to conduct treatability studies under this subsection.
(b) The laboratory or testing facility conducting the treatability study has an EPA identification number.
(c) No more than a total of 10,000 kg of "as received" media contaminated with non-acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste or 250 kg of other "as received" hazardous waste is subject to initiation of treatment in all treatability studies in any single day. "As received" waste refers to the waste as received in the shipment from the generator or sample collector.
(d) The quantity of "as received" hazardous waste stored at the facility for the purpose of evaluation in treatability studies does not exceed 10,000 kg, the total of which can include 10,000 kg of media contaminated with non-acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste, 1000 kg of non-acute hazardous wastes other than contaminated media and 1 kg of acute hazardous waste. This quantity limitation does not include treatment materials (including nonhazardous solid waste) added to "as received" hazardous waste.
(e) No more than 90 days have elapsed since the treatability study for the sample was completed, or no more than one year (2 years for treatability studies involving bioremediation) have elapsed since the generator or sample collector shipped the sample to the laboratory or testing facility, whichever date occurs first. Up to 500 kg of treated material from a particular waste stream from treatability studies may be archived for future evaluation up to 5 years from the date of initial receipt. Quantities of materials archived are counted against the total storage limit for the facility.
(f) The treatability study does not involve the placement of hazardous waste on the land or open burning of hazardous waste.
(g) The facility maintains records for 3 years following completion of each study that show compliance with the treatment rate limits and the storage time and quantity limits. All of the following specific information shall be included for each treatability study conducted:
1. The name, address and EPA identification number of the generator or sample collector of each waste sample.
2. The date the shipment was received.
3. The quantity of waste accepted.
4. The quantity of "as received" waste in storage each day.
5. The date the treatment study was initiated and the amount of "as received" waste introduced to treatment each day.
6. The date the treatability study was concluded.
7. The date any unused sample or residues generated from the treatability study were returned to the generator or sample collector or, if sent to a designated facility, the name of the facility and the EPA identification number.
(h) The facility keeps, on-site, a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility for a period ending 3 years from the completion date of each treatability study.
(i) The facility prepares and submits a report to the department by March 15 of each year that estimates the number of studies and the amount of waste expected to be used in treatability studies during the current year, and includes all of the following information for the previous calendar year:
1. The name, address and EPA identification number of the facility conducting the treatability studies.
2. The types (by process) of treatability studies conducted.
3. The names and addresses of persons for whom studies have been conducted (including their EPA identification numbers).
4. The total quantity of waste in storage each day.
5. The quantity and types of waste subjected to treatability studies.
6. When each treatability study was conducted.
7. The final disposition of residues and unused sample from each treatability study.
(j) The facility determines whether any unused sample or residues generated by the treatability study are hazardous waste under s. NR 661.03 and, if so, are subject to this chapter and chs. NR 662 to 670, unless the residues and unused samples are returned to the sample originator under the sub. (5) exemption.
(k) The facility notifies the department by letter when the facility is no longer planning to conduct any treatability studies at the site.
Note: Special requirements for very small quantity generators are in s. NR 662.220.
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