Wis. Admin. Code Department of Natural Resources NR 661.0031

Current through October 28, 2024
Section NR 661.0031 - Hazardous wastes from non-specific sources
(1) LISTED HAZARDOUS WASTE FROM NON-SPECIFIC SOURCES. The following solid wastes are listed hazardous wastes from non-specific sources unless they are excluded under ss. NR 660.20 and 660.22 and listed in 40 CFR part 261, Appendix IX:

Industry and EPA hazardous waste number

Hazardous waste

Hazard code

Generic:

F001

The following spent halogenated solvents used in degreasing: Tetra-chloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloro-ethane, carbon tetrachloride, and chlorinated fluorocarbons; all spent solvent mixtures or blends used in degreasing containing, before use, a total of 10 percent or more, by volume, of one or more of the above halogen-ated solvents or those solvents listed in F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(T)

F002

The following spent halogenated solvents: Tetrachloroethylene, methyl-ene chloride, trichloroethylene, 1,1,1-trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane, ortho-dichlorobenzene, trichloro-fluoromethane, and 1,1,2-trichloroethane; all spent solvent mixtures or blends containing, before use, a total of 10 percent or more, by volume, of one or more of the above halogenated solvents or those listed in F001, F004, or F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(T)

F003

The following spent non-halogenated solvents: Xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol; all spent solvent mixtures or blends containing, before use, only the above spent non-halogenated solvents; and all spent solvent mixtures/blends containing, before use, one or more of the above non-halogenated solvents, and, a total of 10 percent or more, by volume, of one or more of those solvents listed in F001, F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(I)

F004

The following spent non-halogenated solvents: Cresols and cresylic acid, and nitrobenzene; all spent solvent mixtures or blends containing, before use, a total of 10 percent or more, by volume, of one or more of the above non-halogenated solvents or those solvents listed in F001, F002, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(T)

F005

The following spent non-halogenated solvents: Toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene, 2-ethoxyethanol, and 2-nitropropane; all spent solvent mixtures or blends containing, before use, a total of 10 percent or more, by volume, of one or more of the above non-halogenated solvents or those solvents listed in F001, F002, or F004; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(I, T)

F006

Wastewater treatment sludges from electroplating operations except from the following processes:

(1) Sulfuric acid anodizing of aluminum;

(2) tin plating on carbon steel;

(3) zinc plating, segregated basis, on carbon steel;

(4) aluminum or zinc-aluminum plating on carbon steel;

(5) cleaning/ stripping associated with tin, zinc and aluminum plating on carbon steel; and

(6) chemical etching and milling of aluminum.

(T)

F007

Spent cyanide plating bath solutions from electroplating operations.

(R, T)

F008

Plating bath residues from the bottom of plating baths from electroplating operations where cyanides are used in the process.

(R, T)

F009

Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process.

(R, T)

F010

Quenching bath residues from oil baths from metal heat treating operations where cyanides are used in the process.

(R, T)

F011

Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations.

(R, T)

F012

Quenching wastewater treatment sludges from metal heat treating operations where cyanides are used in the process.

(T)

F019

Wastewater treatment sludges from the chemical conversion coating of aluminum except from zirconium phosphating in aluminum can washing when such phosphating is an exclusive conversion coating process. Waste-water treatment sludges from the manufacturing of motor vehicles using a zinc phosphating process will not be subject to this listing at the point of generation if the wastes are not placed outside on the land prior to shipment to a landfill for disposal and are either: disposed in a Subtitle D municipal or industrial landfill unit that is equipped with a single clay liner and is permitted, licensed or otherwise authorized by the state; or disposed in a landfill unit subject to, or otherwise meeting, the landfill requirements in s. NR 664.301 or 665.301. For the purposes of this listing, motor vehicle manufacturing is defined in sub. (2) (d) 1. and 2. describes the record-keeping requirements for motor vehicle manufacturing facilities.

(T)

F020

Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production or manufacturing use, as a reactant, chemical intermediate, or component in a formulating process, of tri- or tetrachlorophenol, or of intermediates used to produce their pesticide derivatives. This listing does not include wastes from the production of Hexachlorophene from highly purified 2,4,5-trichlorophenol.

(H)

F021

Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production or manufacturing use, as a reactant, chemical intermediate, or component in a formulating process, of penta-chlorophenol, or of intermediates used to produce its derivatives.

(H)

F022

Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the manufacturing use, as a reactant, chemical intermediate, or component in a formulating process, of tetra-, penta-, or hex-achlorobenzenes under alkaline conditions.

(H)

F023

Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production of materials on equipment previously used for the production or manufacturing use, as a reactant, chemical intermediate, or component in a formulating process, of tri- and tetra-chlorophenols. This listing does not include wastes from equipment used only for the production or use of Hexachlorophene from highly purified 2,4,5-trichlorophenol.

(H)

F024

Process wastes, including distillation residues, heavy ends, tars, and reactor clean-out wastes, from the production of certain chlorinated aliphatic hydrocarbons by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including 5, with varying amounts and positions of chlorine substitution. This listing does not include wastewaters, wastewater treatment sludges, spent catalysts, and wastes listed in s. NR 661.0031 or 661.32.

(T)

F025

Condensed light ends, spent filters and filter aids, and spent desiccant wastes from the production of certain chlorinated aliphatic hydrocarbons, by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including 5, with varying amounts and positions of chlorine substitution.

(T)

F026

Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production of materials on equipment previously used for the manufacturing use, as a reactant, chemical intermediate, or component in a formulating process, of tetra-, penta-, or hexachloroben-zene under alkaline conditions.

(H)

F027

Discarded unused formulations containing tri-, tetra-, or pentachloro-phenol or discarded unused formulations containing compounds derived from these chlorophenols. This listing does not include formulations containing Hexachlorophene sythesized from prepurified 2,4,5-trichlorophe-nol as the sole component.

(H)

F028

Residues resulting from the incineration or thermal treatment of soil contaminated with EPA hazardous waste numbers F020, F021, F022, F023, F026, and F027.

(T)

F032

Wastewaters, except those that have not come into contact with process contaminants, process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that currently use or have previously used chlorophenolic formulations, except potentially cross-contaminated wastes that have had the F032 waste code deleted in accordance with s. NR 661.35 or potentially cross-contaminated wastes that are otherwise currently regulated as hazardous wastes, F034 or F035, and where the generator does not resume or initiate use of chlorophenolic formulations. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote or pentachlorophenol.

(T)

F034

Wastewaters, except those that have not come into contact with process contaminants, process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use creosote formulations. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote or pentachlorophenol.

(T)

F035

Wastewaters, except those that have not come into contact with process contaminants, process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use inorganic preservatives containing arsenic or chromium. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote or pentachlorophenol.

(T)

F037

Petroleum refinery primary oil or water or solids separation sludge-Any sludge generated from the gravitational separation of oil or water or solids during the storage or treatment of process wastewaters and oily cooling wastewaters from petroleum refineries. Such sludges include those generated in oil or water or solids separators; tanks and impoundments; ditches and other conveyances; sumps; and stormwater units receiving dry weather flow. Sludge generated in stormwater units that do not receive dry weather flow, sludges generated from non-contact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges generated in aggressive biological treatment units as defined in s. NR 661.0031(2) (b), including sludges generated in one or more additional units after wastewaters have been treated in aggressive biological treatment units, and K051 wastes are not included in this listing. This listing does include residuals generated from processing or recycling oil-bearing hazardous secondary material excluded under s. NR 661.0004(1) (L) 1., if those residuals are to be disposed of.

(T)

F038

Petroleum refinery secondary, emulsified, oil or water or solids separation sludge-Any sludge or float generated from the physical or chemical separation of oil or water or solids in process wastewaters and oily cooling wastewaters from petroleum refineries. Such wastes include all sludges and floats generated in: induced air flotation or IAF units, tanks and impoundments, and all sludges generated in DAF units. Sludges generated in stormwater units that do not receive dry weather flow, sludges generated from non-contact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges and floats generated in aggressive biological treatment units as defined in s. NR 661.0031(2) (b), including sludges and floats generated in one or more additional units after wastewaters have been treated in aggressive biological treatment units, and F037, K048, and K051 wastes are not included in this listing.

(T)

F039

Leachate, liquids that have percolated through land disposed wastes, resulting from the disposal of more than one restricted waste classified as hazardous under subchapter D. Leachate resulting from the disposal of one or more of the following EPA hazardous wastes and no other hazardous wastes retains its EPA hazardous waste numbers: F020, F021, F022, F026, F027, or F028.

(T)

(2) LISTING SPECIFIC DEFINITIONS.
(a) For the purposes of the F037 and F038 listings, oil or water or solids is defined as any combination of oil, water, or solids.
(b)
1. For the purposes of the F037 and F038 listings, aggressive biological treatment units are defined as units which employ one of the following 4 treatment methods: activated sludge; trickling filter; rotating biological contactor for the continuous accelerated biological oxidation of wastewaters; or high-rate aeration. High-rate aeration is a system of surface impoundments or tanks, in which intense mechanical aeration is used to completely mix the wastes, enhance biological activity, and the units employ a minimum of 6 hp per million gallons of treatment volume; and either the hydraulic retention time of the unit is no longer than 5 days; or the hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the Toxicity Characteristic.
2. Generators and treatment, storage and disposal facilities have the burden of proving that their sludges are exempt from listing as F037 and F038 wastes under subd. 1. Generators and treatment, storage and disposal facilities shall maintain, in their operating or other on-site records, documents and data sufficient to prove that the unit is an aggressive biological treatment unit as defined in this subsection; and the sludges sought to be exempted from the definitions of F037 or F038 were generated in the aggressive biological treatment unit.
(c)
1. For the purposes of the F037 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement.
2. For the purposes of the F038 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement and floats are considered to be generated at the moment they are formed in the top of the unit.
(d) For the purposes of the F019 listing, the following apply to wastewater treatment sludges from the manufacturing of motor vehicles using a zinc phosphating process:
1. Motor vehicle manufacturing is defined to include the manufacture of automobiles and light trucks or utility vehicles, including light duty vans, pick-up trucks, minivans, and sport utility vehicles. Facilities shall be engaged in manufacturing complete vehicles, body and chassis or unibody, or chassis only.
2. A generator shall maintain in its on-site records documentation and information sufficient to prove that the wastewater treatment sludges to be exempted from the F019 listing meet the conditions of the listing. These records include all of the following: the volume of waste generated and disposed of off-site; documentation showing when the waste volumes were generated and sent off site; the name and address of the receiving facility; and documentation confirming receipt of the waste by the receiving facility. A generator shall maintain these documents on site for no less than 3 years. The retention period for the documentation is automatically extended during the course of any enforcement action or as requested by the department.

Wis. Admin. Code Department of Natural Resources NR 661.0031

CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
Adopted by, CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (Table) made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020