Wis. Admin. Code Department of Natural Resources NR 661.0004

Current through October 28, 2024

Section NR 661.0004 - Exclusions

(1) MATERIALS THAT 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. " Domestic sewage" means untreated sanitary wastes that pass through a sewer system.

2. Any mixture of domestic sewage, as defined in subd.1., and other wastes that passes through a sewer system to a publicly owned treatment works for treatment, except as prohibited by s. NR 666.505 and Clean Water Act requirements specified in 40 CFR 403.5(b).

(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 material, special nuclear material, 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 that are not removed from the ground as part of the extraction process.

(f) Pulping liquors that are reclaimed in a pulping liquor recovery furnace and reused in the pulping process, unless they are accumulated speculatively as defined in s. NR 661.0001(3).

(g) Spent sulfuric acid used to produce virgin sulfuric acid provided it is not accumulated speculatively as defined in s. NR 661.0001(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 conditions 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 material is never accumulated in the tanks for more than 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 waterborne 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 such 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 pursuant to this exclusion, the plant owner or operator prepares 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 regulation 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 regulation." The plant shall maintain a copy of the notification in its on-site records until closure of the facility. The exclusion applies 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 the 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 661.0024 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 the wastes 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 the residue is shipped in drums, if shipped, and not land disposed before recovery.

(L) All of the following:

1. Oil-bearing hazardous secondary material that are generated at a petroleum refinery, SIC code 2911, and are inserted into the petroleum refining process, SIC code 2911, including distillation, catalytic cracking, fractionation, or thermal cracking units, unless the material is placed on the land, or speculatively accumulated before being 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 material 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 provision. Except as provided in subd. 2., oil-bearing hazardous secondary materials generated elsewhere in the petroleum industry are not excluded under this subdivision. Residuals generated from processing or recycling materials excluded under this subdivision, where such materials as generated would have otherwise met a listing under subch. D, are designated as F037 listed wastes when disposed 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 material, 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 such wastes may be considered recovered oil. "Recovered oil" does not include used oil as defined in s. NR 679.01.

(m) Excluded scrap metal, which is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal being recycled.

(n) Shredded circuit boards being recycled provided 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.

(q) Spent materials as defined in s. NR 661.0001(3) (a), 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 secondary 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(115), and shall 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 that may be subject to wind dispersal, the owner or operator shall operate these units in a manner that 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 tanks containers, or buildings. Solid mineral processing spent materials may not contain any free liquid. The department shall affirm that pads are designed, constructed and operated to prevent significant releases of the secondary 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 secondary 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 may 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 the purposes specified in 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 the 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, D001, as defined in s. NR 661.0021 or exhibits the characteristic toxicity of benzene, D018, as defined in s. NR 661.0024.

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" means oil that has been reclaimed from secondary material, such as 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 661.0001(3).

(t) Hazardous secondary material used to make zinc fertilizers, provided that all of the following conditions are met:

1. Hazardous secondary material used to make zinc micronutrient fertilizers may not be accumulated speculatively, as defined in s. NR 661.0001(3) (h).

2. Generators and intermediate handlers of zinc-bearing hazardous secondary material that are to be incorporated into zinc fertilizers shall do all of the following:

a. Submit a one-time notice to the department that 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 material 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 material into the environment. At a minimum, any building used for that 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 that purpose shall be structurally sound and, if outdoors, shall have roofs or covers that prevent contact with wind and rain. Containers used for that 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 have containment structures or systems sufficiently impervious to contain leaks, spills and accumulated precipitation; provide for effective drainage and removal of leaks, spills and accumulated precipitation; and prevent run-on into the containment system.

c. With each off-site shipment of excluded hazardous secondary material, 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 material. For each shipment those records shall at a minimum contain the name of the transporter and date of the shipment; the name and address of the facility that received the excluded material, and documentation confirming receipt of the shipment; and the type and quantity of excluded secondary material in each shipment.

3. Manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary material shall do all of the following:

a. Store excluded hazardous secondary material in accordance with 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 material under the conditions specified in this paragraph.

c. Maintain for a minimum of 3 years records of all shipments of excluded hazardous secondary material 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 material 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 process from which they were generated.

4. Nothing in this section preempts, overrides or otherwise negates the provision specified in 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 material excluded under this paragraph, are not subject to the closure requirements under chs. NR 664 and 665.

(u) Zinc fertilizers made from hazardous wastes, or hazardous secondary material that are excluded under par. (t), provided that all of the following are met:

1. The fertilizers meet the following contaminant limits:

a. For metal contaminants:

Constituent	Maximum Allowable 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 or 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. Testing shall also be performed 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 product introduced into commerce.

3. The manufacturer maintains for no less than 3 years records of all sampling and analyses performed for the purposes of determining compliance with the requirements specified in 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 name and qualifications of the person 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.

(v) Used CRTs, subject to all of the following:

1. Used, intact CRTs are not solid wastes unless they are disposed of, or unless they are speculatively accumulated as defined in s. NR 661.0001(3) (h) by CRT collectors or glass processors.

2. Used, intact CRTs are not solid wastes when exported for recycling provided that they meet the requirements specified in s. NR 661.0040.

3. Used, broken CRTs are not solid wastes provided that they meet the requirements specified in s. NR 661.0039.

4. Glass removed from CRTs is not a solid waste provided that it meets the requirements specified in s. NR 661.0039(3).

(w) Hazardous secondary material generated and legitimately reclaimed and under the control of the generator, provided that the material complies with all the following:

1. The material is one of the following:

a. The hazardous secondary material is generated and reclaimed at the generating facility. For the purposes of subd. 1.a. "generating facility" means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator.

b. The hazardous secondary material is generated and reclaimed at different facilities, if the reclaiming facility is controlled by the generator or if both the generating facility and the reclaiming facility are controlled by a person as defined in s. NR 660.10(90), and if the generator provides one of the following certifications: "on behalf of [insert generator facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaimer facility name], which is controlled by [insert generator facility name] and that [insert name of either facility] has acknowledged full responsibility for the safe management of the hazardous secondary material," or "on behalf of [insert generator facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaimer facility name], that both facilities are under common control, and that [insert name of either facility] has acknowledged full responsibility for the safe management of the hazardous secondary material." For the purposes of this subd. 1. b. "control" means the power to direct the policies of the facility, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate facilities on behalf of a different person as defined in s. NR 660.10(90) may not be deemed to "control" such facilities. The generating and receiving facilities shall both maintain at their facilities, for no less than 3 years, records of hazardous secondary material sent or received under this exclusion. In both cases, the records shall contain the name of the transporter, the date of the shipment, and the type and quantity of the hazardous secondary material shipped or received under the exclusion. These requirements may be satisfied by routine business records, such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations.

c. The hazardous secondary material is generated pursuant to a written contract between a tolling contractor and a toll manufacturer and is reclaimed by the tolling contractor, if the tolling contractor certifies the following: "On behalf of [insert tolling contractor name], I certify that [insert tolling contractor name] has a written contract with [insert toll manufacturer name] to manufacture [insert name of product or intermediate] which is made from specified unused materials, and that [insert tolling contractor name] will reclaim the hazardous secondary material generated during this manufacture. On behalf of [insert tolling contractor name], I also certify that [insert tolling contractor name] retains ownership of, and responsibility for, the hazardous secondary material that are generated during the course of the manufacture, including any releases of hazardous secondary material that occur during the manufacturing process." The tolling contractor shall maintain at its facility, for no less than 3 years, records of hazardous secondary material received pursuant to its written contract with the tolling manufacturer, and the tolling manufacturer shall maintain at its facility, for no less than 3 years, records of hazardous secondary material shipped pursuant to its written contract with the tolling contractor. In both cases, the records shall contain the name of the transporter, the date of the shipment, and the type and quantity of the hazardous secondary material shipped or received pursuant to the written contract. These requirements may be satisfied by routine business records, such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations. For the purposes of subd. 1. b., "tolling contractor" means a person who arranges for the production of a product or intermediate made from specified unused materials through a written contract with a toll manufacturer, and "toll manufacturer" means a person who produces a product or intermediate made from specified unused materials pursuant to a written contract with a tolling contractor.

2. The hazardous secondary material generator satisfies all of the following conditions:

a. The hazardous secondary material is contained, as defined in s. NR 660.10(13m). A hazardous secondary material released to the environment is discarded and a solid waste unless it is immediately recovered for the purpose of reclamation. Hazardous secondary material managed in a unit with leaks or other continuing or intermittent unpermitted releases is discarded and a solid waste.

b. The hazardous secondary material is not speculatively accumulated, as defined in s. NR 661.0001(3) (h).

c. Notice is provided as required by s. NR 660.42.

d. The material is not otherwise subject to material-specific management conditions under sub. (1) when reclaimed, and it is not a spent lead-acid battery under ss. NR 666.080 and 673.02.

e. Persons performing the recycling of hazardous secondary material under this exclusion shall maintain documentation of their legitimacy determination on-site. Documentation shall be a written description of how the recycling meets all 3 factors specified in s. NR 660.43(1) and how the factor in s. NR 660.43(2) was considered. Documentation shall be maintained for 3 years after the recycling operation has ceased.

f. The emergency preparedness and response requirements in subch. M are met.

(x) Hazardous secondary material that is generated and then transferred to another person for the purpose of reclamation is not a solid waste, provided that all of the following are met:

1. The material is not speculatively accumulated, as defined in s. NR 661.0001(3) (h).

2. The material is not handled by any person or facility other than the hazardous secondary material generator, the transporter, an intermediate facility or a reclaimer, and, while in transport, is not stored for more than 10 days at a transfer facility, as defined in s. NR 660.10(122), and is packaged according to applicable DOT regulations under 49 CFR parts 173, 178, and 179, and Wisconsin department of transportation regulations at ch. Trans 326 while in transport.

3. The material is not otherwise subject to material-specific management conditions under sub. (1) when reclaimed, and it is not a spent lead-acid battery under ss. NR 666.080 and 673.02.

4. The reclamation of the material is legitimate, as specified in s. NR 660.43.

5. The hazardous secondary material generator satisfies all of the following conditions:

a. The material shall be contained, as defined in s. NR 660.10(13m). A hazardous secondary material released to the environment is considered discarded and a solid waste unless it is immediately recovered for the purpose of recycling. Hazardous secondary material managed in a unit with leaks or other continuing releases is considered discarded and a solid waste.

b. Prior to arranging for transport of hazardous secondary material to a reclamation facility where the management of the hazardous secondary material is not addressed under a RCRA part B permit or interim status standards, the hazardous secondary material generator shall make reasonable efforts to ensure that each reclaimer intends to properly and legitimately reclaim the hazardous secondary material and not discard it, and that each reclaimer will manage the hazardous secondary material in a manner that is protective of human health and the environment. If the hazardous secondary material will be passing through an intermediate facility where the management of the hazardous secondary material is not addressed under a RCRA part B permit or interim status standards, the hazardous secondary material generator shall make contractual arrangements with the intermediate facility to ensure that the hazardous secondary material is sent to the reclamation facility identified by the hazardous secondary material generator, and the hazardous secondary material generator shall perform reasonable efforts to ensure that the intermediate facility will manage the hazardous secondary material in a manner that is protective of human health and the environment. Reasonable efforts shall be repeated at a minimum of every 3 years for the hazardous secondary material generator to claim the exclusion and to send the hazardous secondary material to each reclaimer and any intermediate facility. In making these reasonable efforts, the generator may use any credible evidence available, including information gathered by the hazardous secondary material generator, provided by the reclaimer or intermediate facility, or provided by a third party. The hazardous secondary material generator shall affirmatively answer all of the following questions for each reclamation facility and any intermediate facility:

1) Does the available information indicate that the reclamation process is legitimate pursuant to s. NR 660.43 ? In answering this question, the hazardous secondary material generator may rely on their existing knowledge of the physical and chemical properties of the hazardous secondary material, as well as information from other sources, such as the reclamation facility and audit reports, about the reclamation process.

2) Does the publicly available information indicate that the reclamation facility and any intermediate facility that is used by the hazardous secondary material generator notified the appropriate authorities of hazardous secondary material reclamation activities pursuant to s. NR 660.42 and have they notified the appropriate authorities that the financial assurance condition is satisfied per subd. 6. f.? In answering these questions, the hazardous secondary material generator may rely on the available information documenting the reclamation facility's and any intermediate facility's compliance with the notification requirements per s. NR 660.42, including the requirement specified in s. NR 660.42(1) (e) to notify the department whether the reclaimer or intermediate facility has financial assurance.

3) Does publicly available information indicate that the reclamation facility or any intermediate facility that is used by the hazardous secondary material generator has not had any formal enforcement actions taken against the facility in the previous 3 years for violations of the RCRA hazardous waste regulations and has not been classified as a significant noncomplier with RCRA Subtitle C? In answering this question, the hazardous secondary material generator may rely on the publicly available information from EPA or the department. If the reclamation facility or any intermediate facility that is used by the hazardous secondary material generator has had a formal enforcement action taken against the facility in the previous 3 years for violations of the RCRA hazardous waste regulations and has been classified as a significant non-complier with RCRA Subtitle C, does the hazardous secondary material generator have credible evidence that the facilities will manage the hazardous secondary material properly? In answering this question, the hazardous secondary material generator may obtain additional information from EPA, the department, or the facility itself that the facility has addressed the violations, the facility has taken remedial steps to address the violations and prevent future violations, or that the violations are not relevant to the proper management of the hazardous secondary material.

4) Does the available information indicate that the reclamation facility and any intermediate facility that is used by the hazardous secondary material generator have the equipment and trained personnel to safely recycle the hazardous secondary material? In answering this question, the generator may rely on a description by the reclamation facility or by an independent third party of the equipment and trained personnel to be used to recycle the generator's hazardous secondary material.

5) If residuals are generated from the reclamation of the excluded hazardous secondary material, does the reclamation facility have the licenses required, if any, to manage the residuals? If not, does the reclamation facility have a contract with an appropriately licensed facility to dispose of the residuals? If not, does the hazardous secondary material generator have credible evidence that the residuals will be managed in a manner that is protective of human health and the environment? In answering these questions, the hazardous secondary material generator can rely on publicly available information from EPA or the department, or information provided by the facility itself.

c. The hazardous secondary material generator shall maintain for a minimum of 3 years documentation and certification that reasonable efforts were made to meet the requirements under this paragraph for each reclamation facility and, if applicable, intermediate facility where the management of the hazardous secondary material is not addressed under a RCRA part B permit or interim status standards prior to transferring hazardous secondary material. Documentation and certification shall be made available upon request by the department within 72 hours, or within a longer period of time as specified by the department. The certification statement shall contain all of the following:

1) The printed name and official title of an authorized representative of the hazardous secondary material generator company, the authorized representative's signature, and the date signed.

2) The following language: "I hereby certify in good faith and to the best of my knowledge that, prior to arranging for transport of excluded hazardous secondary material to [insert name of reclamation facility and any intermediate facility], reasonable efforts were made in accordance with s. NR 661.0004(1) (x) 5. b. to ensure that the hazardous secondary material would be recycled legitimately, and otherwise managed in a manner that is protective of human health and the environment, and that such efforts were based on current and accurate information."

d. The hazardous secondary material generator shall maintain at the generating facility, for no less than 3 years, records of all off-site shipments of hazardous secondary material. For each shipment, those records shall, at a minimum, contain all of the following information:

1) The name of the transporter and date of the shipment.

2) The name and address of each reclaimer and, if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent.

3) The type and quantity of hazardous secondary material in the shipment.

e. The hazardous secondary material generator shall maintain at the generating facility, for no less than 3 years, confirmations of receipt from each reclaimer and, if applicable, each intermediate facility for all off-site shipments of hazardous secondary material. Confirmations of receipt shall include the name and address of the reclaimer or intermediate facility, the type and quantity of the hazardous secondary material received, and the date on which the hazardous secondary material were received. This requirement may be satisfied by routine business records, such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt.

f. The hazardous secondary material generator complies with the emergency preparedness and response conditions in subch. M.

6. Reclaimers of hazardous secondary material excluded from regulation under this exclusion and intermediate facilities as defined in s. NR 660.10(65m) shall satisfy all of the following conditions:

a. The reclaimer and intermediate facility shall maintain at its facility, for no less than 3 years, records of all shipments of hazardous secondary material that were received at the facility and, if applicable, for all shipments of hazardous secondary material that were received and subsequently sent off-site from the facility for further reclamation. For each shipment, these records shall at a minimum contain all of the following information:

1) The name of the transporter and date of the shipment.

2) The name and address of the hazardous secondary material generator and, if applicable, the name and address of the reclaimer or intermediate facility from which the hazardous secondary material were received.

3) The type and quantity of hazardous secondary material in the shipment.

4) For hazardous secondary material that, after being received by the reclaimer or intermediate facility, were subsequently transferred off-site for further reclamation, the name and address of the subsequent reclaimer and, if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent.

b. The intermediate facility shall send the hazardous secondary material to the reclaimers designated by the hazardous secondary material generator.

c. The reclaimer and intermediate facility shall send to the hazardous secondary material generator confirmations of receipt for all off-site shipments of hazardous secondary material. Confirmations of receipt shall include the name and address of the reclaimer or intermediate facility, the type and quantity of the hazardous secondary material received, and the date on which the hazardous secondary material were received. This requirement may be satisfied by routine business records, such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt.

d. The reclaimer and intermediate facility shall manage the hazardous secondary material in a manner that is at least as protective as that employed for analogous raw material and the hazardous secondary material shall be contained. "Analogous raw material" means a raw material for which a hazardous secondary material is a substitute and that serves the same function and has similar physical and chemical properties as the hazardous secondary material.

e. Any residuals that are generated from reclamation processes will be managed in a manner that is protective of human health and the environment. If any residuals exhibit a hazardous characteristic according to subch. C of ch. NR 661, or if the residuals are specifically listed in subch. D of ch. NR 661, the residuals are hazardous wastes and shall be managed in accordance with the applicable requirements under chs. NR 660 through 670.

f. The reclaimer and intermediate facility have financial assurance as required under subch. H of ch. NR 661.

7. All persons claiming the exclusion under this paragraph shall provide notification as required under s. NR 660.42.

(y) Hazardous secondary material that is exported from the United States and reclaimed at a reclamation facility located in a foreign country is not a solid waste, provided that the hazardous secondary material generator complies with the applicable requirements under par. (x) 1. to 5., excepting par. (x) 5. b. 2) for foreign reclaimers and foreign intermediate facilities, and that the hazardous secondary material generator also complies with all of the following requirements:

1. The hazardous secondary material generator shall notify EPA of an intended export before the hazardous secondary material is scheduled to leave the United States. A complete notification shall be submitted 60 days before the initial shipment is intended to be shipped off-site. The notification may cover export activities extending over a 12 month or lesser period. The notification shall be in writing, signed by the hazardous secondary material generator, and include all of the following information:

a. The name, mailing address, telephone number and EPA ID number, if applicable, of the hazardous secondary material generator.

b. A description of the hazardous secondary material and the EPA hazardous waste number that would apply if the hazardous secondary material were managed as hazardous waste and the U.S. DOT proper shipping name, hazard class and ID number (UN/NA) for each hazardous secondary material as identified in 49 CFR parts 171 to 177.

c. The estimated frequency or rate at which the hazardous secondary material is to be exported and the period of time over which the hazardous secondary material is to be exported.

d. The estimated total quantity of hazardous secondary material.

e. All points of entry to and departure from each foreign country through which the hazardous secondary material will pass.

f. A description of the means by which each shipment of the hazardous secondary material will be transported, such as mode of transportation vehicle (air, highway, rail, water, etc.), type of container (drums, boxes, tanks, etc.).

g. A description of the manner in which the hazardous secondary material will be reclaimed in the country of import.

h. The name and address of the reclaimer, any intermediate facility and any alternate reclaimer and intermediate facilities.

i. The name of any countries of transit through which the hazardous secondary material will be sent and a description of the approximate length of time it will remain in such countries and the nature of its handling while there.

Note: For the purposes of this paragraph, the terms "EPA acknowledgement of consent," "country of import" and "country of transit" are used as defined in s. NR 662.081 with the exception that the terms in this section refer to hazardous secondary material, rather than hazardous waste.

2. Notifications shall be submitted electronically using EPA's Waste Import Export Tracking System or its successor system.

3. Except for changes to the telephone number in subd. 1. a. and decreases in the quantity of hazardous secondary material indicated pursuant to subd. 1. d., when the conditions specified on the original notification change, including any exceedance of the estimate of the quantity of hazardous secondary material specified in the original notification, the hazardous secondary material generator shall provide EPA with a written renotification of the change. Except for changes to subd. 1. i. and in the ports of entry to and departure from countries of transit pursuant to subd. 1. e., the shipment may not take place until consent to the changes from the country of import has been obtained and the hazardous secondary material generator receives from EPA an EPA acknowledgment of consent reflecting the country of import's consent to the changes.

4. Upon request by EPA, the hazardous secondary material generator shall furnish to EPA any additional information a country of import requests in order to respond to a notification.

5. EPA will provide a complete notification to the country of import and any countries of transit. A notification is complete when EPA receives a notification that EPA determines satisfies the requirements specified in subd. 1. When a claim of confidentiality is asserted with respect to any notification information required by subd. 1., EPA may find the notification not complete until any such claim is resolved in accordance with 40 CFR 260.2.

6. The export of hazardous secondary material under this paragraph is prohibited unless the country of import consents to the intended export. When the country of import consents in writing to the receipt of the hazardous secondary material, EPA will send an EPA acknowledgment of consent to the hazardous secondary material generator. Where the country of import objects to receipt of the hazardous secondary material or withdraws a prior consent, EPA will notify the hazardous secondary material generator in writing. EPA will also notify the hazardous secondary material generator of any responses from countries of transit.

7. For exports to OECD member countries, the receiving country may respond to the notification using tacit consent. If no objection has been lodged by any country of import or countries of transit to a notification provided pursuant to subd. 1. within 30 days after the date of issuance of the acknowledgement of receipt of notification by the competent authority of the country of import, the transboundary movement may commence. In such cases, EPA will send an EPA acknowledgment of consent to inform the hazardous secondary material generator that the country of import and any relevant countries of transit have not objected to the shipment, and are thus presumed to have consented tacitly. Tacit consent expires one calendar year after the close of the 30 day period. Renotification and renewal of all consents is required for exports after that date.

8. A copy of the EPA acknowledgment of consent shall accompany the shipment. The shipment shall conform to the terms of the EPA acknowledgment of consent.

9. If, for any reason, a shipment cannot be delivered to the reclaimer, intermediate facility, or the alternate reclaimer or alternate intermediate facility, the hazardous secondary material generator shall re-notify EPA of a change in the conditions of the original notification to allow shipment to a new reclaimer in accordance with subd. 3. and obtain another EPA acknowledgment of consent.

10. A hazardous secondary material generator shall keep a copy of each notification of intent to export and each EPA acknowledgment of consent for a period of 3 years following receipt of the EPA acknowledgment of consent. A hazardous secondary material generator may satisfy this recordkeeping requirement by retaining electronically submitted notifications or electronically generated acknowledgements in their account on EPA's Waste Import Export Tracking System, or its successor system, provided that such copies are readily available for viewing and production if requested by EPA or the department. No hazardous secondary material generator may be held liable for the inability to produce a notification or acknowledgement for inspection under this section if they can demonstrate that the inability to produce such copies are due exclusively to technical difficulty with EPA's Waste Import Export Tracking System, or its successor system, for which the hazardous secondary material generator bears no responsibility.

11. A hazardous secondary material generator shall file with the EPA administrator no later than March 1 of each year a report summarizing the types, quantities, frequency, and ultimate destination of all hazardous secondary material exported during the previous calendar year. Annual reports shall be submitted electronically using EPA's Waste Import Export Tracking System, or its successor system. Such reports shall include all of the following information:

a. The name, mailing and site address, and EPA ID number, if applicable, of the hazardous secondary material generator.

b. The calendar year covered by the report.

c. The name and site address of each reclaimer and intermediate facility.

d. By reclaimer and intermediate facility, for each hazardous secondary material exported, a description of the hazardous secondary material and the EPA hazardous waste number that would apply if the hazardous secondary material was managed as hazardous waste, the DOT hazard class, the name and EPA ID number, where applicable, for each transporter used, the total amount of hazardous secondary material shipped and the number of shipments pursuant to each notification.

e. A certification signed by the hazardous secondary material generator that states: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment."

12. All persons claiming an exclusion under this paragraph shall provide notification as required by s. NR 660.42.

Note: The requirements of par. (y) are based on 40 CFR 261.4(a) (25) and are administered by EPA and not the department because the exercise of foreign relations and international commerce powers is reserved to the federal government under the U.S. Constitution. Wisconsin has adopted these requirements into its rules for the convenience of the regulated community and for completeness. The enforcement of the 40 CFR 261.4(a) (25) requirements remains EPA's responsibility even though Wisconsin has adopted these requirements into its rules. Wisconsin plays a key role in providing EPA with information on whether Wisconsin facilities designated to receive hazardous waste imports are authorized to manage specific wastes and in ensuring facility compliance with all applicable environmental laws and rules.

(z) Solvent-contaminated wipes that are sent for cleaning and reuse are not solid wastes from the point of generation, provided all of the following are met:

1. The solvent-contaminated wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers that are labeled "Excluded Solvent-Contaminated Wipes." The containers shall be able to contain free liquids, should free liquids occur. During accumulation, a container is considered closed when there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove solvent-contaminated wipes. When the container is full, or when the solvent-contaminated wipes are no longer being accumulated, or when the container is being transported, the container shall be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions.

2. The solvent-contaminated wipes may be accumulated by the generator for up to 180 days from the start date of accumulation for each container prior to being sent for cleaning.

3. At the point of being sent for cleaning on-site or at the point of being transported off-site for cleaning, the solvent-contaminated wipes shall contain no free liquids as defined in s. NR 660.10(48).

4. Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes shall be managed according to the applicable regulations specified in chs. NR 660 to 673.

5. A generator shall maintain at its site all of the following documentation:

a. Name and address of the laundry or dry cleaner that is receiving the solvent-contaminated wipes.

b. Documentation that the 180-day accumulation time limit under subd. 2. is being met.

c. Description of the process the generator is using to ensure the solvent-contaminated wipes contain no free liquids at the point of being laundered or dry cleaned on-site or at the point of being transported off-site for laundering or dry cleaning.

6. The solvent-contaminated wipes are sent to a laundry or dry cleaner whose discharge, if any, is regulated under 33 USC 1311 and 33 USC 1342 or 33 USC 1317, and ch. 283, Stats.

(za) Hazardous secondary material that is generated and then transferred to another person for the purpose of remanufacturing is not a solid waste, provided that all of the following are met:

1. The hazardous secondary material consists of one or more of the following spent solvents: toluene, xylenes, ethylbenzene, 1,2,4-trimethylbenzene, chlorobenzene, n-hexane, cyclohexane, methyl tert-butyl ether, acetonitrile, chloroform, chloromethane, dichloromethane, methyl isobutyl ketone, NN-dimethylformamide, tetrahydrofuran, n-butyl alcohol, ethanol, or methanol.

2. The hazardous secondary material originated from using one or more of the solvents listed in subd. 1. in a commercial grade for reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines associated with these functions, in the pharmaceutical manufacturing, NAICS 325412, basic organic chemical manufacturing, NAICS 325199, plastics and resins manufacturing, NAICS 325211, or the paints and coatings manufacturing, NAICS 325510, sectors. All NAICS categories are incorporated by reference in s. NR 660.11.

3. The hazardous secondary material generator sends the hazardous secondary material spent solvents listed in subd. 1. to a remanufacturer in the pharmaceutical manufacturing, NAICS 325412, basic organic chemical manufacturing, NAICS 325199, plastics and resins manufacturing, NAICS 325211, or the paints and coatings manufacturing, NAICS 325510, sectors.

4. After remanufacturing one or more of the solvents listed in subd. 1., the use of the remanufactured solvent shall be limited to reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines associated with these functions, in the pharmaceutical manufacturing, NAICS 325412, basic organic chemical manufacturing, NAICS 325199, plastics and resins manufacturing, NAICS 325211, and the paints and coatings manufacturing, NAICS 325510, sectors or to using them as ingredients in a product. These allowed uses correspond to chemical functional uses enumerated under the Chemical Data Reporting Rule of the Toxic Substances Control Act, 40 CFR parts 704 and 710 to 711, including Industrial Function Codes U015, solvents consumed in a reaction to produce other chemicals, and U030, solvents become part of the mixture.

5. After remanufacturing one or more of the solvents listed in subd. 1., the use of the remanufactured solvent does not involve cleaning or degreasing oil, grease, or similar material from textiles, glassware, metal surfaces, or other articles. These disallowed continuing uses correspond to chemical functional uses in Industrial Function Code U029 under the Chemical Data Reporting Rule of the Toxics Substances Control Act.

6. Both the hazardous secondary material generator and the remanufacturer shall do all of the following:

a. Notify the department and update the notification every 2 years per s. NR 660.42. The generator shall notify the department that the hazardous secondary material has been transferred to a remanufacturer. The remanufacturer shall notify the department that the hazardous secondary material has been received from the generator for remanufacturing.

b. Develop and maintain an up-to-date remanufacturing plan that identifies all of the following:

1) The name, address and EPA ID number of the generator and the remanufacturer.

2) The types and estimated annual volumes of spent solvents to be remanufactured.

3) The processes and industry sectors that generated the spent solvents.

4) The specific uses and industry sectors for the remanufactured solvents.

5) A certification from the remanufacturer stating "On behalf of [insert remanufacturer facility name], I certify that this facility is a remanufacturer under pharmaceutical manufacturing, NAICS 325412, basic organic chemical manufacturing, NAICS 325199, plastics and resins manufacturing, NAICS 325211, or the paints and coatings manufacturing sectors, NAICS 325510, and will accept the spent solvent for the sole purpose of remanufacturing into commercial-grade solvent that will be used for reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines associated with these functions or for use as product ingredient. I also certify that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls in compliance with the appropriate Clean Air Act regulation codified under 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, absent such Clean Air Act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, are in compliance with the appropriate standards in subchs. AA, BB, and CC of ch. NR 661."

c. Maintain records of shipments and confirmations of receipts for a period of 3 years from the dates of the shipments.

d. Prior to remanufacturing, store the hazardous spent solvents in tanks or containers that meet technical standards found in subchs. I and J, with the tanks and containers being labeled or otherwise having an immediately available record of the material being stored.

e. During remanufacturing, and during storage of the hazardous secondary material prior to remanufacturing, the remanufacturer certifies that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls in compliance with the appropriate Clean Air Act regulation codified under 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, absent such Clean Air Act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, are in compliance with the appropriate standards in subchs. AA, BB, and CC.

f. Meet the requirements prohibiting speculative accumulation under s. NR 661.0001(3) (h).

(2) SOLID WASTES THAT 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, such as 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 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 that 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) All of the following:

1. 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.

2. All of the following wastes generated primarily from processes that support the combustion of coal or other fossil fuels that are co-disposed with the wastes in subd. 1., except as provided by s. NR 666.112 for facilities that burn or process hazardous waste:

a. Coal pile run-off. For the purposes of par. (d), "coal pile run-off" means any precipitation that drains off coal piles.

b. Boiler cleaning solutions. For the purposes of par. (d), "boiler cleaning solutions" means water solutions and chemical solutions used to clean the fire-side and water-side of the boiler.

c. Boiler blowdown. For the purposes of par. (d), "boiler blowdown" means water purged from boilers used to generate steam.

d. Process water treatment and demineralizer regeneration wastes. For the purposes of par. (d), "process water treatment and demineralizer regeneration wastes" means sludges, rinses, and spent resins generated from processes to remove dissolved gases, suspended solids, and dissolved chemical salts from combustion system process water.

e. Cooling tower blowdown. For the purposes of par. (d), "cooling tower blowdown" means water purged from a closed cycle cooling system. Closed cycle cooling systems include cooling towers, cooling ponds, or spray canals.

f. Air heater and precipitator washes. For the purposes of par. (d), "air heater and precipitator washes" means wastes from cleaning air preheaters and electrostatic precipitators.

g. Effluents from floor and yard drains and sumps. For the purposes of par. (d), "effluents from floor and yard drains and sumps" means wastewaters, such as wash water, collected by or from floor drains, equipment drains, and sumps located inside the power plant building; and wastewaters, such as rain runoff, collected by yard drains and sumps located outside the power plant building.

h. Wastewater treatment sludges. For the purposes of par. (d), "wastewater treatment sludges" refers to sludges generated from the treatment of wastewaters specified in subd. 2. a. to f.

(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 that fail the test for the Toxicity Characteristic specified in s. NR 661.0024 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 that 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.

2. Specific wastes that 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 or chrome tan or retan or wet finish, hair save or chrome tan or retan or wet finish, retan or 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 or chrome tan or retan or wet finish, hair save or chrome tan or retan or wet finish, retan or 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 or chrome tan or retan or wet finish, hair save or chrome tan or retan or wet finish, retan or wet finish, no beamhouse, through-the-blue.

d. Sewer screenings generated by the following subcategories of the leather tanning and finishing industry: hair pulp or chrome tan or retan or wet finish, hair save or chrome tan or retan or wet finish, retan or 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; and through-the-blue.

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 overburden from the mining of uranium ore, except as provided under s. NR 666.112 for facilities that burn or process hazardous waste.

1. For the 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, autoclaving, 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/sludge from iron blast furnaces.

m. Iron blast furnace slag.

n. Treated residue from roasting/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/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 material with normal beneficiation raw materials or with normal mineral processing raw materials remains excluded under this subsection if the owner or operator does all of the following:

a. Processes at least 50 percent 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 that consists of discarded arsenical-treated wood or wood products that fails the test for the Toxicity Characteristic for Hazardous Waste Codes D004 through D017 and that is not a hazardous waste for any other reason if the waste is generated by persons who utilize the arsenical-treated wood and wood products for these materials' intended end use.

(j) Petroleum-contaminated media and debris that fail the test for the Toxicity Characteristic specified in s. NR 661.0024 for any of the hazardous waste codes D018 through D043 only, and are subject to the corrective action rules under chs. ATCP 93 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, K178, and K181 if these wastes had been generated after the effective date of the listing.

2. The solid wastes described in subd. 1. were disposed prior to the effective date of the listing.

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 ch. 283, Stats., or 33 USC 1317(b) or 1342.

5. As of February 13, 2001, 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. As of November 21, 2003, leachate or gas condensate derived from K176, K177, and K178 is no longer exempt if it is stored or managed in a surface impoundment prior to discharge. After February 26, 2007, leachate or gas condensate derived from K181 will no longer be exempt if it is stored or managed in a surface impoundment prior to discharge. One exception to these requirements is the following: if the surface impoundment is used to temporarily store leachate or gas condensate in response to an emergency situation, such as shutdown 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.

(r) Solvent-contaminated wipes, except for wipes that are hazardous waste due to the presence of trichloroethylene, that are sent for disposal are not hazardous wastes from the point of generation provided all of the following are met:

1. The solvent-contaminated wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers that are labeled "Excluded Solvent-Contaminated Wipes." The containers shall be able to contain free liquids, should free liquids occur. During accumulation, a container is considered closed when there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove solvent-contaminated wipes. When the container is full, or when the solvent-contaminated wipes are no longer being accumulated, or when the container is being transported, the container shall be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions.

2. The solvent-contaminated wipes may be accumulated by the generator for up to 180 days from the start date of accumulation for each container prior to being sent for disposal.

3. At the point of being transported for disposal, the solvent-contaminated wipes shall contain no free liquids as defined in s. NR 660.10(48).

4. Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes shall be managed according to the applicable regulations under chs. NR 660 to 667.

5. A generator shall maintain at its site all of the following documentation:

a. Name and address of the landfill or combustor that is receiving the solvent-contaminated wipes.

b. Documentation that the 180 day accumulation time limit in subd. 2. is being met.

c. Description of the process the generator is using to ensure solvent-contaminated wipes contain no free liquids at the point of being transported for disposal.

6. The solvent-contaminated wipes are sent for disposal to any of the following:

a. To a municipal solid waste landfill regulated under 40 CFR part 258, including 40 CFR 258.40, or to a hazardous waste landfill regulated under ch. NR 664 or 665.

b. To a municipal waste combustor or other combustion facility regulated under 42 USC 7429, or to a hazardous waste combustor, boiler, or industrial furnace regulated under ch. NR 664 or 665 or subch. H of ch. NR 666.

(3) HAZARDOUS WASTES THAT ARE EXEMPTED FROM CERTAIN REGULATIONS. A hazardous waste 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 specified in 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 pars. (b) and (d), a sample of solid waste or a sample of water, soil, or air collected for the sole purpose of testing to determine its characteristics or composition is not subject to any requirements under this chapter or chs. NR 662 to 670 or to the notification requirements under 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, such as until conclusion of a court case or enforcement action when further testing of the sample may be necessary.

(b) In order to qualify for the exemption in par. (a) 1. or 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 or DOT, U.S. postal service or 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 but the laboratory is no longer meeting any of the conditions stated in par. (a).

(d) In order to qualify for the exemption in par. (a) 1. and 2., the mass of a sample that will be exported to a foreign laboratory or that will be imported to a U.S. laboratory from a foreign source may not exceed 25 kg.

(5) TREATABILITY STUDY SAMPLES.

(a) Except as provided in pars. (b) and (d), persons who generate or collect samples for the purpose of conducting treatability studies as defined in s. NR 660.10(126), are not subject to any requirement of chs. NR 661 to 663 or to the notification requirements specified in s. NR 660.07, nor are such samples included in the quantity determinations of ss. NR 662.013 and 662.016(2) 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, 1,000 kg of non-acute hazardous waste other than contaminated media, 1 kg of acute hazardous waste, and 2,500 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 2,500 kg of media contaminated with acute hazardous waste, 1,000 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 shall be met:

a. The transportation of each sample shipment complies with U.S. department of transportation or DOT, U.S. postal service or 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 that is exempt under s. NR 661.0004(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 5,000 kg of media contaminated with non-acute hazardous waste, 500 kg of non-acute hazardous waste, 2,500 kg of media contaminated with acute hazardous waste and 1 kg of acute hazardous waste for any of the following reasons:

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 such requests include the nature of the technology, the type of process, such as 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 of the provisions in par. (a) and par. (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 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 that 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 that will be evaluated and the expected results.

d. If such 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.

(d) In order to qualify for the exemption in par. (a) 1., the mass of a sample that will be exported to a foreign laboratory or testing facility, or that will be imported to a U.S. laboratory or testing facility from a foreign source, shall additionally not exceed 25 kg.

(6) SAMPLES UNDERGOING TREATABILITY STUDIES AT LABORATORIES AND TESTING FACILITIES. Samples undergoing treatability studies and the laboratory or testing facility conducting such treatability studies, to the extent such facilities are not otherwise subject to chs. NR 660 to 670, are not subject to any requirement under this chapter, chs. NR 662 to 670, or to the notification requirements under s. NR 660.07 provided that all of the conditions under pars. (a) to (k) are met. A mobile treatment unit, or 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 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, 2,500 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. For the purpose of this paragraph, "as received" means 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 may include 10,000 kg of media contaminated with non-acute hazardous waste, 2,500 kg of media contaminated with acute hazardous waste, 1,000 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, or 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 first occurs. 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 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 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 661.0003 and, if so, are subject to chs. NR 661 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.

(10) AIRBAG WASTE.

(a) Airbag waste at the airbag waste handler or during transport to an airbag waste collection facility or designated facility is not subject to regulation under chs. NR 662 to 668 or ch. NR 670, and is not subject to the notification requirements under s. NR 660.07 provided all of the following are met:

1. The airbag waste is accumulated in a quantity of no more than 250 airbag modules or airbag inflators, for no longer than 180 days.

2. The airbag waste is packaged in a container designed to address the risk posed by the airbag waste and labeled "Airbag Waste-Do Not Reuse."

3. The airbag waste is sent directly to one of the following facilities:

a. An airbag waste collection facility in the United States under the control of a vehicle manufacturer or its authorized representative, or under the control of an authorized party administering a remedy program in response to a recall under the National Highway Traffic Safety Administration.

b. A designated facility as defined in s. NR 660.10(21).

4. The transport of the airbag waste complies with all applicable U.S. Department of Transportation regulations under 49 CFR parts 171 to 180 during transit.

5. The airbag waste handler maintains at the handler facility, for no less than 3 years, records of all off-site shipments of airbag waste and all confirmations of receipt from the receiving facility. For each shipment, these records shall, at a minimum, contain the name of the transporter and date of the shipment; name and address of receiving facility; and the type and quantity of airbag waste in the shipment. Confirmations of receipt shall include the name and address of the receiving facility; the type and quantity of the airbag waste received; and the date on which it was received. Shipping records and confirmations of receipt shall be made available for inspection and may be satisfied by routine business records, such as electronic or paper financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt.

(b) Once the airbag waste arrives at an airbag waste collection facility or designated facility, it becomes subject to all applicable hazardous waste regulations, and the facility receiving airbag waste is considered the hazardous waste generator for the purposes of the hazardous waste regulations and shall comply with the requirements under ch. NR 662.

(c) Reuse in vehicles of defective airbag modules or defective airbag inflators subject to a recall under the National Highway Traffic Safety Administration is considered sham recycling and prohibited under s. NR 661.0002(7).

Wis. Admin. Code Department of Natural Resources NR 661.0004

CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (2) (j) made under s. 13.92(4) (b) 7, Stats., Register February 2012 No. 674; correction in (2) (j) made under s. 13.92(4) (b) 7, Stats., Register October 2013 No. 694.

Amended by, CR 16-007: am. (1) (i) 3. e., cr. (1) (v), (z), r. and recr. (2) (o), cr. (2) (r), am. (6) (i) (intro.) Register July 2017 No. 739, eff. 8-1-17; correction in (2) (o) 5., (r) 6. b. made under s. 35.17, Stats., Register July 2017 No. 739, eff.8/1/2017

Adopted by, CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (d) 2. a. to h., (6) (c) made under s. 13.92(4) (b) 7, Stats., and correction in (1) (h) (intro.), (j), (L) 1., (q) 4. a., 6., (u) 3. (intro.), (w) 1. a. to c., 2. a., (x) 2., 5. a. to c., (y) 1. b., (z) 6., (za) 4., 6. b., e., f., (2) (d) 2. a. to h., (f) 1. (intro.), 2. e., f., (g) 1., 2. (intro.), 3. (intro.) (4) (a) (intro.), (5) (a) (intro.), (c) 3. (intro.), (6) (intro.), (10) (a) 4. made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020

Amended by, correction in (5) (a) (intro.) made under s. 13.92(4) (b) 7, Stats., and renum. (5) (c) 4. to (5) (d) under s. 13.92(4) (b) 1, Stats., Register April 2021 No. 784, eff. 5/1/2021

Special requirements for very small quantity generators are in s. NR 662.220.