Wis. Admin. Code Department of Natural Resources NR 661.0032

Current through October 28, 2024

Section NR 661.0032 - Hazardous wastes from specific sources

(1) LISTED HAZARDOUS WASTES FROM SPECIFIC SOURCES. The following solid wastes are listed hazardous wastes from 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
Wood preservation:
K001	Bottom sediment sludge from the treatment of wastewaters from wood preserving processes that use creosote or pentachlorophenol.	(T)
Inorganic pigments:
K002	Wastewater treatment sludge from the production of chrome yellow and orange pigments.	(T)
K003	Wastewater treatment sludge from the production of molybdate orange pigments.	(T)
K004	Wastewater treatment sludge from the production of zinc yellow pigments.	(T)
K005	Wastewater treatment sludge from the production of chrome green pigments.	(T)
K006	Wastewater treatment sludge from the production of chrome oxide green pigments, anhydrous and hydrated.	(T)
K007	Wastewater treatment sludge from the production of iron blue pigments.	(T)
K008	Oven residue from the production of chrome oxide green pigments.	(T)
Organic chemicals:
K009	Distillation bottoms from the production of acetaldehyde from ethylene.	(T)
K010	Distillation side cuts from the production of acetaldehyde from ethylene.	(T)
K011	Bottom stream from the wastewater stripper in the production of acryloni-trile.	(R, T)
K013	Bottom stream from the acetonitrile column in the production of acryloni-trile.	(R, T)
K014	Bottoms from the acetonitrile purification column in the production of acry-lonitrile.	(T)
K015	Still bottoms from the distillation of benzyl chloride.	(T)
K016	Heavy ends or distillation residues from the production of carbon tetrachlo-ride.	(T)
K017	Heavy ends, still bottoms, from the purification column in the production of epichlorohydrin.	(T)
K018	Heavy ends from the fractionation column in ethyl chloride production.	(T)
K019	Heavy ends from the distillation of ethylene dichloride in ethylene dichloride production.	(T)
K020	Heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production.	(T)
K021	Aqueous spent antimony catalyst waste from fluoromethanes production.	(T)
K022	Distillation bottom tars from the production of phenol/acetone from cumene.	(T)
K023	Distillation light ends from the production of phthalic anhydride from naphthalene.	(T)
K024	Distillation bottoms from the production of phthalic anhydride from naphthalene.	(T)
K025	Distillation bottoms from the production of nitrobenzene by the nitration of benzene.	(T)
K026	Stripping still tails from the production of methy ethyl pyridines.	(T)
K027	Centrifuge and distillation residues from toluene diisocyanate production.	(R, T)
K028	Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1-trichloroethane.	(T)
K029	Waste from the product steam stripper in the production of 1,1,1-trichloro-ethane.	(T)
K030	Column bottoms or heavy ends from the combined production of trichloro-ethylene and perchloroethylene.	(T)
K083	Distillation bottoms from aniline production.	(T)
K085	Distillation or fractionation column bottoms from the production of chloro-benzenes.	(T)
K093	Distillation light ends from the production of phthalic anhydride from ortho-xylene.	(T)
K094	Distillation bottoms from the production of phthalic anhydride from ortho-xylene.	(T)
K095	Distillation bottoms from the production of 1,1,1-trichloroethane.	(T)
K096	Heavy ends from the heavy ends column from the production of 1,1,1-tri-chloroethane.	(T)
K103	Process residues from aniline extraction from the production of aniline.	(T)
K104	Combined wastewater streams generated from nitrobenzene or aniline production.	(T)
K105	Separated aqueous stream from the reactor product washing step in the production of chlorobenzenes.	(T)
K107	Column bottoms from product separation from the production of 1,1-dimethylhydrazine, UDMH, from carboxylic acid hydrazides.	(C, T)
K108	Condensed column overheads from product separation and condensed reactor vent gases from the production of 1,1-dimethylhydrazine, UDMH, from carboxylic acid hydrazides.	(I, T)
K109	Spent filter cartridges from product purification from the production of 1,1-dimethylhydrazine, UDMH, from carboxylic acid hydrazides.	(T)
K110	Condensed column overheads from intermediate separation from the production of 1,1-dimethylhydrazine, UDMH, from carboxylic acid hydrazides.	(T)
K111	Product washwaters from the production of dinitrotoluene via nitration of toluene.	(C, T)
K112	Reaction by-product water from the drying column in the production of tolu-enediamine via hydrogenation of dinitrotoluene.	(T)
K113	Condensed liquid light ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.	(T)
K114	Vicinals from the purification of toluenediamine in the production of tolu-enediamine via hydrogenation of dinitrotoluene.	(T)
K115	Heavy ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.	(T)
K116	Organic condensate from the solvent recovery column in the production of toluene diisocyanate via phosgenation of toluenediamine.	(T)
K117	Wastewater from the reactor vent gas scrubber in the production of ethylene dibromide via bromination of ethane.	(T)
K118	Spent adsorbent solids from purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethane.	(T)
K136	Still bottoms from the purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethane.	(T)
K149	Distillation bottoms from the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups. This waste does not include still bottoms from the distillation of benzyl chloride.	(T)
K150	Organic residuals, excluding spent carbon adsorbent, from the spent chlorine gas and hydrochloric acid recovery processes associated with the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, ben-zoyl chlorides, and compounds with mixtures of these functional groups.	(T)
K151	Wastewater treatment sludges, excluding neutralization and biological sludges, generated during the treatment of wastewaters from the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, ben-zoyl chlorides, and compounds with mixtures of these functional groups.	(T)
K156	Organic waste, including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates, from the production of carbamates and carba-moyl oximes. This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.	(T)
K157	Wastewaters, including scrubber waters, condenser waters, washwaters, and separation waters, from the production of carbamates and carbamoyl oximes. This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.	(T)
K158	Bag house dusts and filter or separation solids from the production of carba-mates and carbamoyl oximes. This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.	(T)
K159	Organics from the treatment of thiocarbamate wastes.	(T)
K161	Purification solids, including filtration, evaporation, and centrifugation solids, bag house dust and floor sweepings from the production of dithiocar-bamate acids and their salts. This listing does not include K125 or K126.	(R, T)
K174	Wastewater treatment sludges from the production of ethylene dichloride or vinyl chloride monomer, including sludges that result from commingled ethylene dichloride or vinyl chloride monomer wastewater and other waste-water, unless the sludges are disposed of in a hazardous waste or non-hazardous waste landfill licensed or permitted by the state or federal government; they are not otherwise placed on the land prior to final disposal; and the generator maintains documentation demonstrating that the waste was either disposed of in an on-site landfill or consigned to a transporter or disposal facility that provided a written commitment to dispose of the waste in an off-site landfill. Respondents in any action brought to enforce chs. NR 660 to 670 shall, upon a showing by the government that the respondent managed wastewater treatment sludges from the production of vinyl chloride monomer or ethylene dichloride, demonstrate that they meet the terms of the exclusion in the previous sentence. In doing so, they shall provide appropriate documentation, such as contracts between the generator and the landfill owner or operator, invoices documenting delivery of waste to landfill, etc., that the terms of the exclusion were met.	(T)
K175	Wastewater treatment sludges from the production of vinyl chloride monomer using mercuric chloride catalyst in an acetylene-based process	(T)
K181	Nonwastewaters from the production of dyes or pigments, including non-wastewaters commingled at the point of generation with nonwastewaters from other processes, that, at the point of generation, contain mass loadings of any of the constituents identified in sub. (3) that are equal to or greater than the corresponding sub. (3) levels, as determined on a calendar year basis. These wastes will not be hazardous if the nonwastewaters are: (1) disposed in a solid waste landfill unit subject to the design criteria in 40 CFR 258.40, (2) disposed in a hazardous waste landfill unit subject to either s. NR 664.0301 or 665.0301, (3) disposed in other solid waste landfill units that meet the design criteria in 40 CFR 258.40, s. NR 664.0301, or s. NR 665.0301, or (4) treated in a combustion unit that is licensed under s. 291.25, Stats., or an on-site combustion unit that is permitted under the Clean Air Act, 42 USC 7401 to 7671q or ch. 285, Wis. Stats. For the purposes of this listing, dyes or pigments production is defined in sub. (2) (a). Subsection (4) describes the process for demonstrating that a facility's nonwastewaters are not K181. This listing does not apply to wastes that are otherwise identified as hazardous under ss. NR 661.0021 to 661.0024 and ss. NR 661.0031 to 661.0033 at the point of generation. Also, the listing does not apply to wastes generated before any annual mass loading limit is met.	(T)
Inorganic chemicals:
K071	Brine purification muds from the mercury cell process in chlorine production, where separately prepurified brine is not used.	(T)
K073	Chlorinated hydrocarbon waste from the purification step of the diaphragm cell process using graphite anodes in chlorine production.	(T)
K106	Wastewater treatment sludge from the mercury cell process in chlorine production.	(T)
K176	Baghouse filters from the production of antimony oxide, including filters from the production of intermediates, such as antimony metal or crude antimony oxide.	(E)
K177	Slag from the production of antimony oxide that is speculatively accumulated or disposed, including slag from the production of intermediates, such as antimony metal or crude antimony oxide.	(T)
K178	Residues from manufacturing and manufacturing-site storage of ferric chloride from acids formed during the production of titanium dioxide using the chloride-ilmenite process.	(T)
Pesticides:
K031	By-product salts generated in the production of MSMA and cacodylic acid.	(T)
K032	Wastewater treatment sludge from the production of chlordane.	(T)
K033	Wastewater and scrub water from the chlorination of cyclopentadiene in the production of chlordane.	(T)
K034	Filter solids from the filtration of hexachlorocyclopentadiene in the production of chlordane.	(T)
K035	Wastewater treatment sludges generated in the production of creosote.	(T)
K036	Still bottoms from toluene reclamation distillation in the production of disul-foton.	(T)
K037	Wastewater treatment sludges from the production of disulfoton.	(T)
K038	Wastewater from the washing and stripping of phorate production.	(T)
K039	Filter cake from the filtration of diethylphosphorodithioic acid in the production of phorate.	(T)
K040	Wastewater treatment sludge from the production of phorate.	(T)
K041	Wastewater treatment sludge from the production of toxaphene.	(T)
K042	Heavy ends or distillation residues from the distillation of tetrachlorobenzene in the production of 2,4,5-T.	(T)
K043	2,6-Dichlorophenol waste from the production of 2,4-D.	(T)
K097	Vacuum stripper discharge from the chlordane chlorinator in the production of chlordane.	(T)
K098	Untreated process wastewater from the production of toxaphene.	(T)
K099	Untreated wastewater from the production of 2,4-D.	(T)
K123	Process wastewater, including supernates, filtrates, and washwaters, from the production of ethylenebisdithiocarbamic acid and its salt.	(T)
K124	Reactor vent scrubber water from the production of ethylenebisdithiocar-bamic acid and its salts.	(C, T)
K125	Filtration, evaporation, and centrifugation solids from the production of ethylenebisdithiocarbamic acid and its salts.	(T)
K126	Baghouse dust and floor sweepings in milling and packaging operations from the production or formulation of ethylenebisdithiocarbamic acid and its salts.	(T)
K131	Wastewater from the reactor and spent sulfuric acid from the acid dryer from the production of methyl bromide.	(C, T)
K132	Spent absorbent and wastewater separator solids from the production of methyl bromide.	(T)
Explosives:
K044	Wastewater treatment sludges from the manufacturing and processing of explosives.	(R)
K045	Spent carbon from the treatment of wastewater containing explosives.	(R)
K046	Wastewater treatment sludges from the manufacturing, formulation and loading of lead-based initiating compounds.	(T)
K047	Pink/red water from TNT operations.	(R)
Petroleum refining:
K048	Dissolved air flotation, DAF, float from the petroleum refining industry.	(T)
K049	Slop oil emulsion solids from the petroleum refining industry.	(T)
K050	Heat exchanger bundle cleaning sludge from the petroleum refining industry.	(T)
K051	API separator sludge from the petroleum refining industry.	(T)
K052	Leaded tank bottoms from the petroleum refining industry.	(T)
K169	Crude oil storage tank sediment from petroleum refining operations.	(T)
K170	Clarified slurry oil tank sediment or in-line filter/separation solids from petroleum refining operations.	(T)
K171	Spent Hydrotreating catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors. This listing does not include inert support media.	(I, T)
K172	Spent Hydrorefining catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors. This listing does not include inert support media.	(I, T)
Iron and steel:
K061	Emission control dust/sludge from the primary production of steel in electric furnaces.	(T)
K062	Spent pickle liquor generated by steel finishing operations of facilities within the iron and steel industry, SIC Codes 331 and 332.	(C, T)
Primary aluminum:
K088	Spent potliners from primary aluminum reduction.	(T)
Secondary lead:
K069	Emission control dust/sludge from secondary lead smelting. This listing does not include sludge generated from secondary acid scrubber systems.	(T)
K100	Waste leaching solution from acid leaching of emission control dust/sludge from secondary lead smelting.	(T)
Veterinary pharmaceuticals:
K084	Wastewater treatment sludges generated during the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds.	(T)
K101	Distillation tar residues from the distillation of aniline-based compounds in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds.	(T)
K102	Residue from the use of activated carbon for decolorization in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds.	(T)
Ink formulation:
K086	Solvent washes and sludges, caustic washes and sludges, or water washes and sludges from cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps, and stabilizers containing chromium and lead.	(T)
Coking:
K060	Ammonia still lime sludge from coking operations.	(T)
K087	Decanter tank tar sludge from coking operations.	(T)
K141	Process residues from the recovery of coal tar, including collecting sump residues from the production of coke from coal or the recovery of coke byproducts produced from coal. This listing does not include K087, decanter tank tar sludges from coking operations.	(T)
K142	Tar storage tank residues from the production of coke from coal or from the recovery of coke by-products produced from coal.	(T)
K143	Process residues from the recovery of light oil, including those generated in stills, decanters, and wash oil recovery units from the recovery of coke byproducts produced from coal.	(T)
K144	Wastewater sump residues from light oil refining, including intercepting or contamination sump sludges from the recovery of coke by-products produced from coal.	(T)
K145	Residues from naphthalene collection and recovery operations from the recovery of coke by-products produced from coal.	(T)
K147	Tar storage tank residues from coal tar refining.	(T)
K148	Residues from coal tar distillation, including still bottoms.	(T)

(2) LISTING SPECIFIC DEFINITIONS. For the purposes of the K181 listing under sub. (3), dyes or pigments production is defined to include manufacture of the following product classes: dyes, pigments, or FDA certified colors that are classified as azo, triarylmethane, perylene or anthraquinone classes. Azo products include azo, monoazo, diazo, triazo, polyazo, azoic, benzidine, and pyrazolone products. Triarylmethane products include both triarylmethane and triphenylmethane products. Wastes that are not generated at a dyes or pigments manufacturing site, such as wastes from the off-site use, formulation, and packaging of dyes or pigments, are not included in the K181 listing.

(3) K181 LISTING LEVELS. Nonwastewaters containing constituents in amounts equal to or exceeding the following levels during any calendar year are subject to the K181 listing, unless the conditions in the K181 listing are met.

Constituent	Chemical abstracts number	Mass levels (kg/yr)
Aniline	62-53-3	9,300
o-Anisidine	90-04-0	110
4-Chloroaniline	106-47-8	4,800
p-Cresidine	120-71-8	660
2,4-Dimethylaniline	95-68-1	100
1,2-Phenylenediamine	95-54-5	710
1,3-Phenylenediamine	108-45-2	1,200

(4) PROCEDURES FOR DEMONSTRATING THAT DYES OR PIGMENT NONWASTEWATERS ARE NOT K181. The procedures described in pars. (a) to (c) and (e) establish when nonwastewaters from the production of dyes or pigments would not be hazardous. These procedures apply to wastes that are not disposed in landfill units or treated in combustion units as specified in sub. (1). If the nonwastewaters are disposed in landfill units or treated in combustion units as described in sub. (1), then the nonwastewaters are not hazardous. In order to demonstrate that it is meeting the landfill disposal or combustion conditions contained in the K181 listing description, the generator shall maintain documentation as described in par. (d).

(a)Determination based on no K181 constituents. A generator that has knowledge, such as knowledge of constituents in wastes based on prior sampling and analysis data or information about raw materials used, production processes used, and reaction and degradation products formed, that its wastes contain none of the K181 constituents listed in sub. (3) can use its knowledge to determine that its waste is not K181. The generator shall document the basis for all such determinations on an annual basis and keep each annual documentation for 3 years.

(b)Determination for generated quantities of 1,000 metric tons a year or less for wastes that contain K181 constituents. If the total annual quantity of dyes or pigment nonwastewaters generated is 1,000 metric tons or less, the generator can use knowledge of the wastes, such as knowledge of constituents in wastes based on prior analytical data or information about raw materials used, production processes used, and reaction and degradation products formed, to conclude that annual mass loadings for the K181 constituents are below the listing levels of sub. (3). To make this determination, the generator shall do all of the following:

1. Each year document the basis for determining that the annual quantity of nonwastewaters expected to be generated will be less than 1,000 metric tons.

2. Track the actual quantity of nonwastewaters generated from January 1 through December 31 of each year. If, at any time within the year, the actual waste quantity exceeds 1,000 metric tons, the generator shall comply with the requirements under par. (c) for the remainder of the year.

3. Keep a running total of the K181 constituent mass loadings over the course of the calendar year.

4. Keep all of the following records on-site for the 3 most recent calendar years in which the hazardous waste determinations are made:

a. The quantity of dyes or pigment nonwastewaters generated.

b. The relevant process information used.

c. The calculations performed to determine annual total mass loadings for each K181 constituent in the nonwastewaters during the year.

(c)Determination for generated quantities greater than 1,000 metric tons a year for wastes that contain K181 constituents. If the total annual quantity of dyes or pigment nonwastewaters generated is greater than 1,000 metric tons, the generator shall perform all of the following steps in order to make a determination that its waste is not K181:

1. Determine which K181 constituents listed in sub. (3) are reasonably expected to be present in the wastes based on knowledge of the wastes, such as based on prior sampling and analysis data or information about raw materials used, production processes used, and reaction and degradation products formed.

2. If 1,2-phenylenediamine is present in the wastes, the generator can use either knowledge or sampling and analysis procedures to determine the level of this constituent in the wastes. For determinations based on use of knowledge, the generator shall comply with the procedures for using knowledge described in par. (b) and keep the records described in par. (b) 4. For determinations based on sampling and analysis, the generator shall comply with all of the sampling and analysis and recordkeeping requirements in subds. 3. to 11.

3. Develop a waste sampling and analysis plan or modify an existing plan to collect and analyze representative waste samples for the K181 constituents reasonably expected to be present in the wastes. At a minimum, the plan shall include all of the following:

a. A discussion of the number of samples needed to characterize the wastes fully.

b. The planned sample collection method to obtain representative waste samples.

c. A discussion of how the sampling plan accounts for potential temporal and spatial variability of the wastes.

d. A detailed description of the test methods to be used, including sample preparation, clean up, if necessary, and determinative methods.

4. Collect and analyze samples in accordance with the waste sampling and analysis plan.

a. The sampling and analysis shall be unbiased, precise, and representative of the wastes.

b. The analytical measurements shall be sufficiently sensitive, accurate and precise to support any claim that the constituent mass loadings are below the listing levels of sub. (3).

5. Record the analytical results.

6. Record the waste quantity represented by the sampling and analysis results.

7. Calculate constituent-specific mass loadings, product of concentrations and waste quantity.

8. Keep a running total of the K181 constituent mass loadings over the course of the calendar year.

9. Determine whether the mass of any of the K181 constituents listed in sub. (3) generated between January 1 and December 31 of any year is below the K181 listing levels.

10. Keep all of the following records on site for the 3 most recent calendar years in which the hazardous waste determinations are made:

a. The sampling and analysis plan.

b. The sampling and analysis results, including quality assurance/quality control data.

c. The quantity of dyes or pigment nonwastewaters generated.

d. The calculations performed to determine annual mass loadings.

11. Nonhazardous waste determinations shall be conducted annually to verify that the wastes remain nonhazardous.

a. The annual testing requirements are suspended after 3 consecutive successful annual demonstrations that the wastes are nonhazardous. The generator can then use knowledge of the wastes to support subsequent annual determinations.

b. The annual testing requirements are reinstated if the manufacturing or waste treatment processes generating the wastes are significantly altered, resulting in an increase of the potential for the wastes to exceed the listing levels.

c. If the annual testing requirements are suspended, the generator shall keep records of the process knowledge information used to support a nonhazardous determination. If testing is reinstated, a description of the process change shall be retained.

(d)Recordkeeping for the landfill disposal and combustion exemptions. For the purposes of meeting the landfill disposal and combustion condition set out in the K181 listing description, the generator shall maintain on site for 3 years documentation demonstrating that each shipment of waste was received by a landfill unit that is subject to or meets the landfill design standards set out in the listing description, or was treated in combustion units as specified in the listing description.

(e)Waste holding and handling. During the interim period, from the point of generation to completion of the hazardous waste determination, the generator is responsible for storing the wastes appropriately. If the wastes are determined to be hazardous and the generator has not complied with the hazardous waste requirements during the interim period, the generator may be subject to an enforcement action for improper management.

Wis. Admin. Code Department of Natural Resources NR 661.0032

CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

Amended by, CR 16-007: renum. (intro) to (1) (intro.), am. (1) Table, cr. (2) to (4) Register July 2017 No. 739, eff. 8-1-17; correction in numbering of (2) made under s. 13.92(4) (b) 1, Stats., and (1) (title) created under s. 13.92(4) (b) 2, 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; renum. (2) (a) to (2) under s. 13.92(4) (b) 1, Stats., and correction in (1) (Table) under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020