Section NR 662.016 - Conditions for exemption for a small quantity generator that accumulates hazardous wasteA small quantity generator may accumulate hazardous waste on-site without a license or interim status, and without complying with the requirements of chs. NR 664 to 667 and 670, or the notification requirements under s. NR 660.07, provided that all of the following conditions for exemption are met:
(1) GENERATION . The generator generates in a calendar month no more than the amounts specified in the definition of "small quantity generator" in s. NR 660.10.(2) ACCUMULATION . The generator accumulates hazardous waste on-site for no more than 180 days, unless in compliance with the conditions for exemption for longer accumulation specified in subs. (4) and (5). All of the following accumulation conditions also apply: (a)Accumulation limit. The quantity of hazardous waste accumulated on-site never exceeds 6,000 kilograms.(b)Accumulation of hazardous waste in containers.1. `Condition of containers.' If a container holding hazardous waste is not in good condition, or if it begins to leak, the small quantity generator shall immediately transfer the hazardous waste to a container that is in good condition, or immediately manage the waste in some other way that complies with the conditions for exemption of this section.2. `Compatibility of waste with container.' The small quantity generator shall use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired.3. `Management of containers.' a. A container holding hazardous waste shall always be closed during accumulation, except when it is necessary to add or remove waste.b. A container holding hazardous waste may not be opened, handled, or accumulated in a manner that may rupture the container or cause it to leak.4. `Inspections.' At least weekly, the small quantity generator shall inspect central accumulation areas. The small quantity generator shall look for leaking containers and for deterioration of containers caused by corrosion or other factors.5. `Special conditions for accumulation of incompatible wastes.' a. A generator may not place incompatible wastes, or incompatible wastes and materials, in the same container, unless in complies with the requirements specified in s. NR 665.0017(2).b. A generator may not may not place hazardous waste in an unwashed container that previously held an incompatible waste or material, unless it complies with the requirements specified in s. NR 665.0017(2).c. A container accumulating hazardous waste that is incompatible with any waste or other materials accumulated or stored nearby in other containers, piles, open tanks, or surface impoundments shall be separated from the other materials or protected from them by means of a dike, berm, wall, or other device. Note: See ch. NR 665 Appendix V for examples of incompatible wastes.
(c)Accumulation of hazardous waste in tanks.2. A small quantity generator of hazardous waste shall comply with all of the following general operating conditions: a. Treatment or accumulation of hazardous waste in tanks shall comply with s. NR 665.0017(2).b. Hazardous wastes or treatment reagents may not be placed in a tank if they could cause the tank or its inner liner to rupture, leak, corrode, or otherwise fail before the end of its intended life.c. Uncovered tanks shall be operated to ensure at least 60 centimeters or 2 feet of freeboard, unless the tank is equipped with a containment structure, a drainage control system, or a diversion structure with a capacity that equals or exceeds the volume of the top 60 centimeters or 2 feet of the tank. Note: A ditch or trench is an example of a containment structure. A standby tank is an example of a diversion structure.
d. If hazardous waste is continuously fed into a tank, the tank shall be equipped with a means to stop this inflow, such as, a waste feed cutoff system or a bypass system to a stand-by tank.3. Except as noted in subd. 4., a small quantity generator that accumulates hazardous waste in tanks shall inspect all of the following, where present: a. Discharge control equipment at least once each operating day, to ensure that it is in good working order. Discharge control equipment includes waste feed cutoff systems, bypass systems, and drainage systems.b. Data gathered from monitoring equipment at least once each operating day to ensure that the tank is being operated according to its design. Monitoring equipment includes pressure and temperature gauges.c. The level of waste in the tank at least once each operating day to ensure compliance with subd. 2. c.d. The construction materials of the tank at least weekly to detect corrosion or leaking of fixtures or seams.e. The construction materials of, and the area immediately surrounding, discharge confinement structures at least weekly to detect erosion or obvious signs of leakage. The generator shall remedy any deterioration or malfunction of equipment or structures, revealed during an inspection, on a schedule that ensures the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action shall be taken immediately. Note that signs of leakage can include wet spots or dead vegetation.4. A small quantity generator accumulating hazardous waste in tanks or tank systems that have full secondary containment and that either use leak detection equipment to alert personnel to leaks, or implement established workplace practices to ensure leaks are promptly identified, shall inspect at least weekly, where applicable, the areas identified in subd. 3. a. to e. Use of the alternate inspection schedule shall be documented in the generator's operating record. This documentation shall include a description of the established workplace practices at the generator.6. A small quantity generator accumulating hazardous waste in tanks shall, upon closure of the facility, remove all hazardous waste from tanks, discharge control equipment, and discharge confinement structures. At closure, as throughout the operating period, unless the small quantity generator can demonstrate, in accordance with s. NR 661.0003(3) or (4), that any solid waste removed from its tank is not a hazardous waste, then it shall manage such waste in accordance with all applicable provisions under chs. NR 662, 663, 665, and 668.7. A small quantity generator shall comply with all of the following special conditions for accumulation of ignitable or reactive waste. a. Ignitable or reactive waste may not be placed in a tank unless the waste is treated, rendered, or mixed before or immediately after placement in a tank so that the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under s. NR 661.0021 or 661.0023, and the generator complies with s. NR 665.0017(2), or the waste is accumulated or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react, or the tank is used solely for emergencies.b. A small quantity generator that treats or accumulates ignitable or reactive waste in covered tanks shall comply with the buffer zone requirements for tanks contained in Tables 2-1 to 2-6 of the 1977 or 1981 National Fire Protection Association's "Flammable and Combustible Liquids Code," incorporated by reference in s. NR 660.11.c. A small quantity generator shall comply with the following special conditions for incompatible wastes. Incompatible wastes, or incompatible wastes and materials, may not be placed in the same tank, unless the generator complies with s. NR 665.0017(2). Hazardous waste may not be placed in an unwashed tank that previously held an incompatible waste or material, unless the generator complies with s. NR 665.0017(2). Note: See ch. NR 665 Appendix V for examples of incompatible wastes.
(d)Accumulation of hazardous waste on drip pads. If the waste is placed on drip pads, the small quantity generator shall comply with all of the following: 1. Subchapter W of ch. NR 665, except s. NR 665.0445(3).2. The small quantity generator shall remove all wastes from the drip pad at least once every 90 days. Any hazardous wastes that are removed from the drip pad are then subject to the 180-day accumulation limit specified in par. (b) and s. NR 662.015 if hazardous wastes are being managed in satellite accumulation areas prior to being moved to the central accumulation area.3. The small quantity generator shall maintain on-site at the facility the following records readily available for inspection: a. A written description of procedures that are followed to ensure all wastes are removed from the drip pad and associated collection system at least once every 90 days.b. Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.(e)Accumulation of hazardous waste in containment buildings. If the waste is placed in containment buildings, the small quantity generator shall comply with subch. D of ch. NR 665. The generator shall label its containment buildings with the words "Hazardous Waste" in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, or other persons on-site and provide an indication of the hazards of the contents in a conspicuous place. Acceptable indications of hazardous contents include the following: applicable hazardous waste characteristic or characteristics, such as, ignitable, corrosive, reactive, or toxic; hazard communication consistent with the department of transportation requirements on labeling or placarding, incorporated into s. Trans 326.01(3); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard, incorporated into s. SPS 332.50; or a chemical hazard label consistent with the National Fire Protection Association, incorporated into s. SPS 314.001(1) (a). The generator shall also maintain all of the following:1. The professional engineer certification that the building complies with the design standards specified in s. NR 665.1101. This certification shall be in the generator's files prior to operation of the unit.2. One of the following records, by use of inventory logs, monitoring equipment, or any other effective means, shall be maintained and readily available for inspection: a. A written description of procedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that the generator is consistent with maintaining the 90 day limit, and documentation that the procedures are complied with.b. Documentation that the unit is emptied at least once every 90 days.(f)Labeling and marking of containers and tanks.1. `Containers.' A small quantity generator shall mark or label each of its containers with all of the following: a. The words "Hazardous Waste."b. An indication of the hazards of the contents. Acceptable indications of hazardous contents include the following: applicable hazardous waste characteristic or characteristics, such as ignitable, corrosive, reactive, or toxic; hazard communication consistent with the department of transportation requirements on labeling or placarding, incorporated into s. Trans 326.01(3); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard, incorporated into s. SPS 332.50; or a chemical hazard label consistent with the National Fire Protection Association, incorporated into s. SPS 314.001(1) (a).c. The date upon which each period of accumulation begins clearly visible for inspection on each container.2. `Tanks.' A small quantity generator accumulating hazardous waste in tanks shall do all of the following: a. Mark or label its tanks with the words "Hazardous Waste."b. Mark or label its tanks with an indication of the hazards of the contents. Acceptable indications of hazardous contents include the following: applicable hazardous waste characteristic or characteristics, such as, ignitable, corrosive, reactive, or toxic; hazard communication consistent with the department of transportation requirements on labeling or placarding, incorporated into s. Trans 326.01(3); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard, incorporated into s. SPS 332.50; or a chemical hazard label consistent with the National Fire Protection Association, incorporated into s. SPS 314.001(1) (a).c. Use inventory logs, monitoring equipment, or other records to demonstrate that hazardous waste has been emptied within 180 days of first entering the tank if using a batch process, or in the case of a tank with a continuous flow process, demonstrate that estimated volumes of hazardous waste entering the tank daily exit the tank within 180 days of first entering.d. Keep inventory logs or records with the information identified in subd. c. on-site and readily available for inspection.(g)Land disposal restrictions. A small quantity generator shall comply with all applicable requirements under ch. NR 668.(h)Preparedness and prevention.1. `Maintenance and operation of facility.' A small quantity generator shall maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten human health or the environment.2. `Required equipment.' All areas where hazardous waste is either generated or accumulated shall be equipped with all of the items specified in subd. 2. a. to d. A generator may demonstrate that none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified under this subdivision or the actual waste generation or accumulation area does not lend itself for safety reasons to have a particular kind of equipment specified under this subdivision. A small quantity generator may determine the most appropriate locations to locate equipment necessary to prepare for and respond to emergencies. Required equipment includes all of the following: a. An internal communications or alarm system capable of providing immediate emergency instruction, voice, or signal to facility personnel.b. A device, such as a telephone, immediately available at the scene of operations, or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams.c. Portable fire extinguishers, spill control equipment, decontamination equipment, and fire control equipment including special extinguishing equipment, such as those that use foam, inert gas, or dry chemicals.d. Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.3. `Testing and maintenance of equipment.' All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, shall be tested and maintained as necessary to assure its proper operation in time of emergency.4. `Access to communications or alarm system.'a. Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate, direct, and unimpeded access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under subd. 2.b. In the event there is just one employee on the premises while the facility is operating, the employee shall have immediate, direct, and unimpeded access to a device, such as a telephone, immediately available at the scene of operation, or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required under subd. 2.5. `Required aisle space.' The small quantity generator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.6. `Arrangements with local authorities to provide emergency assistance.' a. The small quantity generator shall attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals, taking into account the types and quantities of hazardous wastes handled at the facility. Arrangements may be made with the local emergency planning committee if it is determined to be the appropriate organization with which to make arrangements. A small quantity generator attempting to make arrangements with its local fire department shall determine the potential need for the services of the local police department, other emergency response teams, emergency response contractors, equipment suppliers, and local hospitals. As part of this coordination, the small quantity generator shall attempt to make arrangements, as necessary, to familiarize the organizations identified in this paragraph with the layout of the facility, the properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes as well as the types of injuries or illnesses that could result from fires, explosions, or releases at the facility. Where more than one police or fire department might respond to an emergency, the small quantity generator shall attempt to make arrangements designating primary emergency authority to a specific fire or police department, and arrangements with any others to provide support to the primary emergency authority. Note: A generator shall attempt to make arrangements to ensure that the generator will receive an immediate and appropriate emergency response from these authorities.
b. A small quantity generator shall maintain records documenting arrangements with the local fire department as well as any other organization necessary to respond to an emergency. This documentation shall include documentation in the operating record that either confirms such arrangements actively exist or, in cases where no arrangements exist, confirms that attempts to make such arrangements have been made.c. A facility possessing 24-hour response capabilities may seek a waiver from the authority having jurisdiction over the fire code within the facility's state or locality as far as needing to make arrangements with the local fire department as well as any other organization necessary to respond to an emergency, provided that the waiver is documented in the operating record.(i)Emergency procedures. The small quantity generator shall comply with all of the following conditions for those areas of the generator facility where hazardous waste is generated and accumulated: 1. At all times there shall be at least one employee either on the premises or on call and available to respond to an emergency by reaching the facility within a short period of time with the responsibility for coordinating all emergency response measures specified in subd. 4. This employee is the emergency coordinator.2. The small quantity generator shall post all of the following information next to telephones or in areas directly involved in the generation and accumulation of hazardous waste: a. The name and emergency telephone number of the emergency coordinator.b. The location of fire extinguishers and spill control material, and, if present, fire alarm.c. The telephone number of the fire department, unless the facility has a direct alarm.3. The small quantity generator shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.4. The emergency coordinator, or his or her designee, shall take the following actions that are applicable in response to any emergency that may arise: a. In the event of a fire, call the fire department or attempt to extinguish the fire using a fire extinguisher.b. In the event of a spill, the small quantity generator is responsible for containing the flow of hazardous waste to the extent possible, and as soon as is practicable, cleaning up the hazardous waste and any contaminated materials or soil. Such containment and cleanup may be conducted either by the small quantity generator or by a contractor on behalf of the small quantity generator.c. In the event of a fire, explosion, or other release that could threaten human health outside the facility or when the small quantity generator has knowledge that a spill has reached surface water, the small quantity generator shall immediately notify the National Response Center using the 24-hour toll free number 800-424-8802. The report shall include the following information: the name, address, and EPA identification number of the small quantity generator; date, time, and type of incident, spill, or fire; quantity and type of hazardous waste involved in the incident; extent of injuries, if any; and estimated quantity and disposition of recovered materials, if any.(3) TRANSPORTING OVER 200 MILES . A small quantity generator that transports its waste, or offers its waste for transportation, over a distance of 200 miles or more for off-site treatment, storage, or disposal may accumulate hazardous waste on-site for 270 days or less without a license or without having interim status, provided that the generator complies with the conditions specified in sub. (2).(4) ACCUMULATION TIME LIMIT EXTENSION. A small quantity generator who accumulates hazardous waste for more than 180 days, or for more than 270 days if it shall transport its waste, or offer its waste for transportation, over a distance of 200 miles or more, is subject to the requirements under chs. NR 664, 665, 667, 668, and 670 unless it has been granted an extension to the 180-day period, or 270-day period, if applicable. Such extension may be granted by the department if hazardous wastes shall remain on-site for longer than 180 days, or 270 days if applicable, due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the department on a case-by-case basis.(5) REJECTED LOAD . A small quantity generator that sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions under s. NR 664.0072 or 665.0072 may accumulate the returned waste on-site in accordance with subs. (1) to (4). Upon receipt of the returned shipment, the generator shall do one of the following: (a) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest.(b) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.(6) EPISODIC EVENT. A small quantity generator experiencing an episodic event, as defined in s. NR 662.231(1), may accumulate hazardous waste in accordance with subch. L in lieu of complying with s. NR 662.017.Wis. Admin. Code Department of Natural Resources NR 662.016
Adopted by, CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (c) 3. (intro.), c., 4., (d) 1., (i) 4. c. made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020