NR 661.21(2)
(2) A solid waste that exhibits the ignitability characteristic has the EPA hazardous waste number D001.
NR 661.21 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 661.22
NR 661.22
Corrosivity characteristic. NR 661.22(1)
(1) A solid waste exhibits the corrosivity characteristic if a representative sample of the waste has any of the following properties:
NR 661.22(1)(a)
(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 9040 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA SW-846, incorporated by reference in
s. NR 660.11.
NR 661.22(1)(b)
(b) It is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55°C (130°F) as determined by the test method specified in NACE (national association of corrosion engineers) Standard TM-01-69 as standardized in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA SW-846, incorporated by reference in
s. NR 660.11.
NR 661.22(2)
(2) A solid waste that exhibits the corrosivity characteristic has the EPA hazardous waste number D002.
NR 661.22 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 661.23
NR 661.23
Reactivity characteristic. NR 661.23(1)
(1) A solid waste exhibits the reactivity characteristic if a representative sample of the waste has any of the following properties:
NR 661.23(1)(a)
(a) It is normally unstable and readily undergoes violent change without detonating.
NR 661.23(1)(d)
(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.
NR 661.23(1)(e)
(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.
NR 661.23(1)(f)
(f) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.
NR 661.23(1)(g)
(g) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.
NR 661.23(2)
(2) A solid waste that exhibits the reactivity characteristic has the EPA hazardous waste number D003.
NR 661.23 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 661.24(1)
(1) A solid waste (except manufactured gas plant waste) exhibits the toxicity characteristic if, using the toxicity characteristic leaching procedure, Method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA SW-846, 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% 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.
NR 661.24(2)
(2) A solid waste that exhibits the toxicity characteristic has the EPA hazardous waste number specified in Table 2 which corresponds to the toxic contaminant causing it to be hazardous.
Table 2
Maximum Concentration of Contaminants
for the Toxicity Characteristic
-
See PDF for table 
1 Hazardous waste number.
2 Chemical abstracts service number.
3 Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory level.
4 If 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.
NR 661.24 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 661.30(1)(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.
NR 661.30(2)
(2) The department will indicate the basis for listing the classes or types of wastes listed in this subchapter by employing one or more of the following hazard codes:
-
See PDF for table Ch.
NR 661 Appendix VII identifies the constituent which caused the department to list the waste as a toxicity characteristic waste (E) or toxic waste (T) in
ss. NR 661.31 and
661.32.
NR 661.30(3)
(3) Each hazardous waste listed in this subchapter is assigned an EPA hazardous waste number which precedes the name of the waste. This number shall be used in complying with
s. NR 660.07 and certain recordkeeping and reporting requirements under
chs. NR 662 to
665,
668 and
670.
NR 661.30(4)
(4) The following hazardous wastes listed in
s. NR 661.31 or
661.32 are subject to the exclusion limits for acutely hazardous wastes established in
s. NR 662.220: EPA hazardous waste numbers F020, F021, F022, F023, F026 and F027.
NR 661.30 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06; correction in (2) made under s.
13.92 (4) (b) 7., Stats.,
Register March 2013 No. 687.
NR 661.31
NR 661.31
Hazardous wastes from non-specific sources. NR 661.31(2)(b)1.1. For the purposes of the F037 and F038 listings, aggressive biological treatment units are defined as units which employ one of the following 4 treatment methods: activated sludge; trickling filter; rotating biological contactor for the continuous accelerated biological oxidation of wastewaters or high-rate aeration. High-rate aeration is a system of surface impoundments or tanks, in which intense mechanical aeration is used to completely mix the wastes, enhance biological activity, and the units employ a minimum of 6 hp per million gallons of treatment volume; and meet one of the following:
NR 661.31(2)(b)1.b.
b. The hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the toxicity characteristic.
NR 661.31(2)(b)2.
2. Generators and treatment, storage and disposal facilities have the burden of proving that their sludges are exempt from listing as F037 and F038 wastes under this definition. Generators and treatment, storage and disposal facilities shall maintain, in their operating or other onsite records, documents and data sufficient to prove all of the following:
NR 661.31(2)(b)2.a.
a. The unit is an aggressive biological treatment unit as defined in this subsection.
NR 661.31(2)(b)2.b.
b. The sludges sought to be exempted from the definitions of F037 or F038 were actually generated in the aggressive biological treatment unit.
NR 661.31(2)(c)1.1. For the purposes of the F037 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement.
NR 661.31(2)(c)2.
2. For the purposes of the F038 listing, all of the following apply:
NR 661.31(2)(c)2.a.
a. Sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement.
NR 661.31(2)(c)2.b.
b. Floats are considered to be generated at the moment they are formed in the top of the unit.
NR 661.31 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 661.32 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 661.33
NR 661.33
Discarded commercial chemical products, off-specification species, container residues and spill residues thereof. All of the following materials or items are hazardous wastes if and when they are discarded or intended to be discarded as described in
s. NR 661.02 (1) (b) 1., when they are mixed with waste oil or used oil or other material and applied to the land for dust suppression or road treatment, when they are otherwise applied to the land in lieu of their original intended use or when they are contained in products that are applied to the land in lieu of their original intended use, or when, in lieu of their original intended use, they are produced for use as (or as a component of) a fuel, distributed for use as a fuel or burned as a fuel:
NR 661.33(1)
(1) Any commercial chemical product, or manufacturing chemical intermediate having the generic name listed in
sub. (5) or
(6).
NR 661.33(2)
(2) Any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in
sub. (5) or
(6).
NR 661.33(3)
(3) Any residue remaining in a container or in an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name listed in
sub. (5) or
(6), unless the container is empty as defined in
s. NR 661.07 (2).
NR 661.33 Note
Note: Unless the residue is being beneficially used or reused, or legitimately recycled or reclaimed; or being accumulated, stored, transported or treated prior to its use, re-use, recycling or reclamation, the department considers the residue to be intended for discard, and thus, a hazardous waste. An example of a legitimate re-use of the residue would be where the residue remains in the container and the container is used to hold the same commercial chemical product or manufacturing chemical intermediate it previously held. An example of the discard of the residue would be where the drum is sent to a drum reconditioner who reconditions the drum but discards the residue.
NR 661.33(4)
(4) 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 commercial chemical product or manufacturing chemical intermediate having the generic name listed in
sub. (5) or
(6), or 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 off-specification chemical product and manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in
sub. (5) or
(6).
NR 661.33 Note
Note: The phrase "commercial chemical product or manufacturing chemical intermediate having the generic name listed in …" refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed and all formulations in which the chemical is the sole active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in sub. (5) or (6). Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in sub. (5) or (6), the waste will be listed in either s.
NR 661.31 or
661.32 or will be identified as a hazardous waste by the characteristics in subch. C.
NR 661.33(5)
(5) The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products or manufacturing chemical intermediates referred to in
subs. (1) to
(4), are identified as acute hazardous wastes (H) and are subject to the small quantity exclusion defined in
s. NR 662.220 (5).
NR 661.33 Note
Note: For the convenience of the regulated community the primary hazardous properties of these materials have been indicated by the letters T (toxicity), and R (reactivity). Absence of a letter indicates the compound is only listed for acute toxicity.
These wastes and their corresponding EPA hazardous waste numbers are:
-
See PDF for table
1 CAS number given for parent compound only.
NR 661.33(6)
(6) The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products referred to in
subs. (1) to
(4), are identified as toxic wastes (T), unless otherwise designated and are subject to the small quantity generator exclusion defined in
s. NR 662.220 (1).
NR 661.33 Note
Note: For the convenience of the regulated community, the primary hazardous properties of these materials have been indicated by the letters T (toxicity), R (reactivity), I (ignitability) and C (corrosivity). Absence of a letter indicates that the compound is only listed for toxicity.
These wastes and their corresponding EPA hazardous waste numbers are:
-
See PDF for table
1 CAS number given for parent compound only.
NR 661.33 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 661.35
NR 661.35
Deletion of certain hazardous waste codes following equipment cleaning and replacement. NR 661.35(1)(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 of
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.
NR 661.35(2)
(2) Generators shall either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, 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 groundwater, surface water or atmosphere.
NR 661.35(2)(a)
(a)
General requirements. Generators shall do one of the following:
NR 661.35(2)(a)1.
1. Prepare and follow an equipment cleaning plan and clean equipment according to this section.
NR 661.35(2)(a)2.
2. Prepare and follow an equipment replacement plan and replace equipment according to this section.
NR 661.35(2)(a)3.
3. Document cleaning and replacement according to this section, carried out after termination of use of chlorophenolic preservations.
NR 661.35(2)(b)
(b)
Cleaning requirements. Generators shall do all of the following:
NR 661.35(2)(b)1.
1. Prepare and sign a written equipment cleaning plan that describes all of the following:
NR 661.35(2)(b)2.b.
b. Rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse.
