Wis. Admin. Code Department of Natural Resources NR 662.017

Current through October 28, 2024

Section NR 662.017 - Conditions for exemption for a large quantity generator that accumulates hazardous waste

A large 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 from any requirement for notification under s. NR 660.07, provided that all of the following conditions for exemption are met:

(1) ACCUMULATION. A large quantity generator accumulates hazardous waste on-site for no more than 90 days, unless in compliance with the accumulation time limit extension or accumulation conditions for exemption in subs. (2) to (5). All of the following accumulation conditions also apply:

(a)Accumulation of hazardous waste in containers. If the hazardous waste is placed in containers, the large quantity generator shall comply with the following:

1. 'Air emission standards.' The applicable requirements of subchs. AA, BB, and CC of ch. NR 665.

2. 'Condition of containers.' If a container holding hazardous waste is not in good condition, or if it begins to leak, the large 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.

3. 'Compatibility of waste with container.' The large 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 stored, so that the ability of the container to contain the waste is not impaired.

4. '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 stored in a manner that may rupture the container or cause it to leak.

5. 'Inspections.' At least weekly, the large quantity generator shall inspect central accumulation areas. The large quantity generator shall look for leaking containers and for deterioration of containers caused by corrosion or other factors. See subd. 2. for remedial action required if deterioration or leaks are detected.

6. 'Special conditions for accumulation of ignitable and reactive wastes.'

a. A container holding ignitable or reactive waste shall be located at least 15 meters from the facility's property line unless a written approval is obtained from the authority having jurisdiction over the local fire code allowing hazardous waste accumulation to occur within this restricted area. A record of the written approval shall be maintained as long as ignitable or reactive hazardous waste is accumulated in this area.

b. The large quantity generator shall take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste shall be separated and protected from sources of ignition or reaction including the following: open flames, smoking, cutting, welding, hot surfaces, frictional heat, static sparks, electrical sparks, mechanical sparks, spontaneous ignition, and radiant heat. While ignitable or reactive waste is being handled, the large quantity generator shall confine smoking and open flame to specially designated locations. "No Smoking" signs shall be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

7. 'Special conditions for accumulation of incompatible wastes.'

a. The generator may not place incompatible wastes, or incompatible wastes and materials, in the same container unless the generator complies with the requirements specified in s. NR 665.0017(2).

b. The generator may not place hazardous waste in an unwashed container that previously held an incompatible waste or material unless the generator complies with the requirements specified in s. NR 665.0017(2).

c. A container holding a 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.

(b)Accumulation of hazardous waste in tanks. If the waste is placed in tanks, the large quantity generator shall comply with the applicable requirements of subch. J of ch. NR 665, except s. NR 665.0197(3) for closure and post-closure care, and s. NR 665.0200 as well as the applicable requirements of subchs. AA, BB, and CC of ch. NR 665.

(c)Accumulation of hazardous waste on drip pads. If the hazardous waste is placed on drip pads, the large quantity generator shall comply with all of the following:

1. Subchapter W of ch. NR 665.

2. The large 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 subject to the 90 day accumulation limit specified in sub. (1) and s. NR 662.015, if the hazardous wastes are being managed in satellite accumulation areas prior to being moved to a central accumulation area.

3. The large quantity generator shall maintain on-site at the facility and readily available for inspection all of the following records:

a. A written description of procedures that are followed to ensure that 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.

(d)Accumulation of hazardous waste in containment buildings.If the waste is placed in containment buildings, the large quantity generator shall comply with subch. DD of ch. NR 665. The generator shall label its containment building with the words "Hazardous Waste" in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, or other persons on-site, and also in a conspicuous place provide 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 704 label, 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 respecting 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.

c. Inventory logs or records with the above information must be maintained on site and readily available for inspection.

(e)Labeling and marking of containers and tanks.

1. 'Containers.' A large quantity generator shall mark or label 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 704 label, 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 large 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 704 label, 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 90 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 90 days of first entering.

d. Keep inventory logs or records with the information identified in this subdivision, which shall be maintained on-site and readily available for inspection.

(f)Emergency procedures. The large quantity generator complies with the standards in subch. M, Preparedness, Prevention and Emergency Procedures for Large Quantity Generators.

(g)Personnel training.

a. Facility personnel shall successfully complete a program of classroom instruction, online training or computer-based training, or on-the-job training that teaches them to perform their duties in a way that ensures compliance with this chapter. The large quantity generator shall ensure that this program includes all the elements described in the document required under subd. 4.

b. This program shall be directed by a person trained in hazardous waste management procedures, and shall include instruction that teaches facility personnel hazardous waste management procedures, including contingency plan implementation, relevant to the positions in which they are employed.

c. At a minimum, the training program shall be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including the following where applicable: procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment; key parameters for automatic waste feed cut-off systems; communications or alarm systems; response to fires or explosions; response to ground-water contamination incidents; and shutdown of operations.

d. For facility employees that receive emergency response training according to Occupational Safety and Health Administration regulations 29 CFR 1910.120(p) (8) and 1910.120(q) incorporated into s. SPS 332.50, the large quantity generator is not required to provide separate emergency response training according to this section, provided that the overall facility training meets all the conditions of exemption in this section.

2. Facility personnel shall successfully complete the program required in subd. 1. within 6 months after the date of their employment or assignment to the facility, or to a new position at the facility, whichever is later. Employees may not work in unsupervised positions until they have completed the training standards required in subd. 1.

3. Facility personnel shall take part in an annual review of the initial training required in subd. 1.

4. The large quantity generator shall maintain all of the following documents and records at the facility:

a. The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job.

b. A written job description for each position listed under subd. 4. a. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but shall include the requisite skill, education, or other qualifications, and duties of facility personnel assigned to each position.

c. A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under subd. 4. a.

d. Records that document that the training or job experience, required under subds. 1., 2., and 3. has been given to, and completed by, facility personnel.

5. Training records on current personnel shall be kept until closure of the facility. Training records on former employees shall be kept for at least 3 years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.

(h)Closure. A large quantity generator accumulating hazardous wastes in containers, tanks, drip pads, and containment buildings, prior to closing a unit at the facility, or prior to closing the facility, shall meet all of the following:

1. 'Notification for closure of a waste accumulation unit.' A large quantity generator shall perform one of the following actions when closing a waste accumulation unit:

a. Place a notice in the operating record within 30 days after closure identifying the location of the unit within the facility.

b. Meet the closure performance standards of subd. 3. for container, tank, and containment building waste accumulation units or subd. 4. for drip pads and notify the department following the procedures in subd. 2. b. for the waste accumulation unit. If the waste accumulation unit is subsequently reopened, the generator may remove the notice from the operating record.

2. 'Notification for closure of the facility.'

a. Notify the department using form 8700-12 no later than 30 days prior to closing the facility.

b. Notify the department using form 8700-12 within 90 days after closing the facility that it has complied with the closure performance standards of subd. 3. or 4. If the facility cannot meet the closure performance standards of subd. 3. or 4., notify the department using form 8700-12 that it will close as a landfill under s. NR 665.0310 in the case of a container, tank or containment building unit, or for a facility with drip pads, notify the department using form 8700-12 that it will close under the standards specified in s. NR 665.0445(2).

c. A large quantity generator may request additional time to clean close, but it shall notify the department using form 8700-12 within 75 days after the date provided in subd. 2. a. to request an extension and provide an explanation as to why the additional time is required.

3. 'Closure performance standards for container, tank systems, and containment building waste accumulation units.' At closure, the generator shall close the waste accumulation unit or facility in a manner that meets all of the following:

a. Minimizes the need for further maintenance by controlling, minimizing, or eliminating, to the extent necessary to protect human health and the environment, the post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere.

b. Removes or decontaminates all contaminated equipment, structures and soil and any remaining hazardous waste residues from waste accumulation units including containment system components, contaminated soils and subsoils, bases, and structures and equipment contaminated with waste, unless s. NR 661.0003(4) applies.

c. Any hazardous waste generated in the process of closing either the generator's facility or units accumulating hazardous waste shall be managed in accordance with all applicable standards under chs. NR 662, 663, 665 and 668, including removing any hazardous waste contained in these units within 90 days of generating it and managing these wastes in a RCRA Subtitle C hazardous waste permitted treatment, storage and disposal facility or interim status facility.

d. If the generator demonstrates that any contaminated soils and wastes cannot be practicably removed or decontaminated as required in subd. 3. b., then the waste accumulation unit is considered to be a landfill and the generator shall close the waste accumulation unit and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills under s. NR 665.0310. In addition, for the purposes of closure, post-closure, and financial responsibility, the waste accumulation unit is then considered to be a landfill, and the generator shall meet all of the requirements for landfills specified in subchs. G and H of ch. NR 665.

4. 'Closure performance standards for drip pad waste accumulation units.' At closure, the generator shall comply with the closure requirements of subds. 2. and 3.a. and c. and s. NR 665.0445(1) and (2).

5. 'Applicability of closure performance standards to satellite accumulation areas.' The closure requirements of this paragraph do not apply to satellite accumulation areas.

(i)Land disposal restrictions. The large quantity generator complies with all applicable requirements under ch. NR 668.

(2) ACCUMULATION TIME LIMIT EXTENSION. A large quantity generator who accumulates hazardous waste for more than 90 days is subject to the requirements under chs. NR 664 to 668 and 670, and the notification requirements under s. NR 660.07, unless it has been granted an extension to the 90-day period. An extension may be granted by the department if hazardous wastes must remain on-site for longer than 90 days due to unforeseen, temporary, and uncontrollable circumstances. A one-time extension of up to 30 days, per occurrence, may be granted at the discretion of the department on a case-by-case basis.

(3) ACCUMULATION OF F006 WASTE. A large quantity generator that also generates wastewater treatment sludges from electroplating operations that meet the listing description for the EPA hazardous waste number F006, may accumulate F006 waste on-site for more than 90 days, but not more than 180 days without being subject to chs. NR 664 to 667 and 670, and the notification requirements under s. NR 660.07, provided that it complies with all of the following additional conditions for exemption:

(a) The large quantity generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants, or contaminants entering F006 or otherwise released to the environment prior to its recycling.

(b) The F006 waste is legitimately recycled through metals recovery.

(c) No more than 20,000 kilograms of F006 waste is accumulated on-site at any one time.

(d) The F006 waste is managed in accordance with all of the following:

a. If the F006 waste is placed in containers, the large quantity generator shall comply with the applicable conditions for exemption under sub. (1)(a).

b. If the F006 is placed in tanks, the large quantity generator shall comply with the applicable conditions for exemption under sub. (1)(b).

c. If the F006 is placed in containment buildings, the large quantity generator shall comply with subch. DD of ch. NR 665, and shall place its professional engineer certification that the building complies with the design standards specified in s. NR 665.1101 in the facility's files prior to operation of the unit. One of the following records shall be maintained and readily available for inspection:

1) A written description of procedures to ensure that the F006 waste remains in the unit for no more than 180 days, a written description of the waste generation, and management practices for the facility showing that they are consistent with the 180-day limit, and documentation that the large quantity generator is complying with the procedures.

2) Documentation that the unit is emptied at least once every 180 days.

2. The large quantity generator is exempt from all the requirements in subchs. G and H of ch. NR 665, except for those referenced in sub. (1)(h).

3. The date upon which each period of accumulation begins is clearly marked and shall be clearly visible for inspection on each container.

4. While being accumulated on-site, each container and tank is labeled or marked clearly with all of the following:

a. The words "Hazardous Waste."

5. The large quantity generator complies with the requirements specified in sub. (1)(f) and (g).

(4) F006 WASTE TRANSPORTED OVER 200 MILES. A large quantity generator who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the EPA hazardous waste number F006, and who shall transport this waste, or offer this waste for transportation, over a distance of 200 miles or more for off-site metals recovery, may accumulate F006 waste on-site for more than 90 days, but not more than 270 days without being subject to chs. NR 664 to 667, 670, and the notification requirements under s. NR 660.07, if the large quantity generator complies with all of the conditions for exemption under sub. (3) (a) to (d).

(5) F006 WASTE ACCUMULATION TIME EXTENSION. A large quantity generator accumulating F006 in accordance with subs. (3) and (4) who accumulates F006 waste on-site for more than 180 days, or for more than 270 days if the generator must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more, or who accumulates more than 20,000 kilograms of F006 waste on-site is an operator of a storage facility and is subject to the requirements under chs. NR 664, 665, 667, and 670, and the notification requirements under s. NR 660.07, unless the generator has been granted an extension to the 180 days, or 270 days if applicable, period or an exception to the 20,000 kilograms accumulation limit. Such extensions and exceptions may be granted by the department if the F006 waste must remain on-site for longer than 180 days, or 270 days if applicable, or if more than 20,000 kilograms of F006 waste must remain on-site due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days or an exception to the accumulation limit may be granted at the discretion of the department on a case-by-case basis.

(6) CONSOLIDATION OF HAZARDOUS WASTE RECEIVED FROM VERY SMALL QUANTITY GENERATORS. In this subsection "control" means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that a contractor who operates generator facilities on behalf of a different person may not be deemed to "control" such generators. Large quantity generators may accumulate on-site hazardous waste received from very small quantity generators under control of the same person as defined in s. NR 660.10(90), without a storage license or interim status and without complying with the requirements under chs. NR 664 to 668 and 670, and the notification requirements under s. NR 660.07, provided they comply with all of the following:

(a) The large quantity generator notifies the department at least 30 days prior to receiving the first shipment from a very small quantity generator using EPA Form 8700-12. The large quantity generator shall do all of the following:

1. Identify on the form the name and site address for the very small quantity generator as well as the name and business telephone number for a contact person for the very small quantity generator.

2. Submit an updated Site ID form using EPA Form 8700-12 within 30 days after a change in the name or site address for the very small quantity generator.

(b) The large quantity generator maintains records of shipments for 3 years from the date the hazardous waste was received from the very small quantity generator. These records shall identify the name, site address, and contact information for the very small quantity generator and include a description of the hazardous waste received, including the quantity and the date the waste was received.

(c) The large quantity generator complies with the independent requirements identified in s. NR 662.010(1) (a) 3. and the conditions for exemption in this section for all hazardous waste received from a very small quantity generator. For purposes of the labeling and marking regulations under sub. (1)

(e), the large quantity generator shall label the container or unit with the date the hazardous waste was received from the very small quantity generator. If the large quantity generator is consolidating incoming hazardous waste from a very small quantity generator with either its own hazardous waste or with hazardous waste from other very small quantity generators, the large quantity generator shall label each container or unit with the earliest date any hazardous waste in the container was accumulated on-site.

(7) REJECTED LOAD. A large quantity generator who 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) and (2). 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.

Wis. Admin. Code Department of Natural Resources NR 662.017

Adopted by, CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (intro.), (c) 1., (d) 1., (h) 4., (2), (6) (intro.), (7) (intro.) made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020

Amended by, correction in (1) (b) made under s. 13.92(4) (b) 7, Stats., Register April 2021 No. 784, eff. 5/1/2021