Section NR 661.0035 - Deletion of certain hazardous waste codes following equipment cleaning and replacement(1) Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 once the generator has met all of the requirements under subs. (2) and (3). These wastes may, however, continue to meet another hazardous waste listing description or may exhibit one or more of the hazardous waste characteristics.(2) A generator shall either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the ground water, surface water, or atmosphere. (a) A generator shall do one of the following: 1. Prepare and follow an equipment cleaning plan and clean equipment in accordance with par. (b).2. Prepare and follow an equipment replacement plan and replace equipment in accordance with par. (c).3. Document cleaning and replacement in accordance with par. (c), carried out after termination of use of chlorophenolic preservations.(b) A generator acting under par. (a) 1. shall do all of the following: 1. Prepare and sign a written equipment cleaning plan that describes: a. The equipment to be cleaned.b. How the equipment will be cleaned.c. The solvent to be used in cleaning.d. How solvent rinses will be tested.e. How cleaning residues will be disposed.2. Clean equipment according to all of the following:a. Remove all visible residues from process equipment.b. Rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse.3. Meet the following analytical requirements: a. Rinses shall be tested by using an appropriate method.b. "Not detected" means at or below the following lower method calibration limits or MCLs: The 2,3,7,8-TCDD-based MCL-0.01 parts per trillion or ppt, sample weight of 1000 g, IS spiking level of 1 ppt, final extraction volume of 10-50 mL. For other congeners-multiply the values by 1 for TCDF/PeCDD/PeCDF, by 2.5 for HxCDD/HxCDF/HpCDD/HpCDF, and by 5 for OCDD/OCDF.4. Manage all residues from the cleaning process as F032 waste.(c) A generator acting under par. (a) 2. shall do all of the following: 1. Prepare and sign a written equipment replacement plan that describes: a. The equipment to be replaced.b. How the equipment will be replaced.c. How the equipment will be disposed.2. The generator shall manage the discarded equipment as F032 waste.(d)1. A generator acting under par. (a) 3. shall document that previous equipment cleaning or replacement was performed in accordance with this section and occurred after cessation of use of chlorophenolic preservatives. (3) The generator shall maintain all of the following records documenting the cleaning and replacement as part of the facility's operating record: (a) The name and address of the facility.(b) Formulations previously used and the date on which their use ceased in each process at the plant.(c) Formulations currently used in each process at the plant.(d) The equipment cleaning or replacement plan.(e) The name and address of any persons who conducted the cleaning and replacement.(f) The dates on which cleaning and replacement were accomplished.(g) The dates of sampling and testing.(h) A description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody of the samples.(i) A description of the tests performed, the date the tests were performed, and the results of the tests.(j) The name and model numbers of the instrument used in performing the tests.(k) Quality assurance/quality control documentation. (l) The following statement signed by the generator or the generator's authorized representative: "I certify under penalty of law that all process equipment required to be cleaned or replaced under s. NR 661.0035 was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment."Wis. Admin. Code Department of Natural Resources NR 661.0035
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.Amended by, CR 16-007: am. (2) (b) 3. Register July 2017 No. 739, eff.8/1/2017Adopted by, CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.; correction in (2) (b) 4. made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020