Current through August 26, 2024
(1) NINETY-DAY ACCUMULATION TIME. Except as
provided in s.
NR 662.192(1),
(2) and (3), a generator may accumulate
hazardous waste on-site for 90 days or less without an operating license or
interim license, provided that all of the following requirements are met:
(a) The waste is placed as follows:
1. In containers and the generator complies
with the applicable requirements of subch. I of ch. NR 665 (containers), subch.
AA of ch. NR 665 (air emission standards for process vents), subch. BB of ch.
NR 665 (air emission standards for equipment leaks) and subch. CC of ch. NR 665
(air emission standards for tanks, surface impoundments and
containers).
2. In tanks and the
generator complies with the applicable requirements of subch. J of ch. NR 665
(tank systems), subch. AA of ch. NR 665 (air emission standards for process
vents), subch. BB of ch. NR 665 (air emission standards for equipment leaks)
and subch. CC of ch. NR 665 (air emission standards for tanks, surface
impoundments and containers) except ss.
NR 665.0197(3) and 665.0200.
3. On drip pads and the generator complies
with subch. W of ch. NR 665 (drip pads) and maintains all of the following
records at the facility:
a. A description of
procedures that will be 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.
4. In containment buildings and
the generator complies with subch. DD of ch. NR 665 (containment buildings) and
has placed the professional engineer certification that the building complies
with the design standards specified in s.
NR 665.1101 in the facility's operating record no later
than 60 days after the date of initial operation of the unit. After August 1,
2006, PE certification will be required prior to operation of the unit. The
owner or operator shall maintain any of the following records at the facility:
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 they are 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. In addition, the generator is exempt from all of the
requirements in subchs. G (closure and long-term care) and H (financial
requirements) of ch. NR 665, except for ss.
NR 665.0111 and 665.0114.
(b) The date upon which each
period of accumulation begins is clearly marked and visible for inspection on
each container.
(c) While being
accumulated on-site, each container and tank is labeled or marked clearly with
the words, "Hazardous Waste".
(d)
The generator complies with the requirements for owners or operators in subch.
C (preparedness and prevention) and subch. D (contingency plan and emergency
procedures) of ch. NR 665 and ss.
NR 665.0016
and 668.07(1)
(e).
(2) STORAGE FACILITY LICENSING AND
ACCUMULATION TIME EXTENSION. A generator who accumulates hazardous waste for
more than 90 days is an operator of a storage facility and is subject to the
requirements of chs. NR 664 and 665 and the license requirements of ch. NR 670
unless the generator has been granted an extension to the 90-day period. The
department may grant an extension if hazardous wastes must remain on-site for
longer than 90 days 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.
(3) SATELLITE ACCUMULATION.
(a) A generator may accumulate as much as 55
gallons of hazardous waste or one quart of acutely hazardous waste listed in s.
NR
661.33(5) in containers at or near
any point of generation where wastes initially accumulate, which is under the
control of the operator of the process generating the waste, without an
operating license or interim license and without complying with sub. (1)
provided the generator does all of the following:
1. Complies with ss.
NR 665.0171, 665.0172 and 665.0173(1).
2. Marks the containers either with the words
"Hazardous Waste" or with other words that identify the contents of the
containers.
(b) A
generator who accumulates either hazardous waste or acutely hazardous waste
listed in s.
NR
661.33(5) in excess of the amounts
listed in par. (a) at or near any point of generation shall, with respect to
that amount of excess waste, comply within 3 days with sub. (1) or other
applicable provisions of chs. NR 660 to 673. During the 3-day period the
generator shall continue to comply with par. (a) 1. and 2. The generator shall
mark the container holding the excess accumulation of hazardous waste with the
date the excess amount began accumulating.
Note: Special accumulation requirements for small quantity
generators are in s.
NR 662.192.
(7) F006 WASTEWATER TREATMENT SLUDGES -
180-DAY ACCUMULATION TIME. A generator who generates 1,000 kilograms (2,205
pounds) or greater of hazardous waste per calendar month who also generates
wastewater treatment sludges from electroplating operations that meet the
listing description for the hazardous waste code F006, may accumulate F006
waste on-site for more than 90 days, but not more than 180 days without an
operating license or interim license provided that all of the following
conditions are met:
(a) The 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 (44,100 pounds) of F006 waste is accumulated on-site
at any one time.
(d) The F006 waste
is managed in accordance with all of the following:
1. The F006 waste is placed:
a. In containers and the generator complies
with the applicable requirements of subch. I of ch. NR 665 (containers), subch.
AA of ch. NR 665 (air emission standards for process vents), subch. BB of ch.
NR 665 (air emission standards for equipment leaks) and subch. CC of ch. NR 665
(air emission standards for tanks, surface impoundments and containers).
b. In tanks and the generator
complies with the applicable requirements of subchs. J of ch. NR 665 (tank
systems), subch. AA of ch. NR 665 (air emission standards for process vents),
subch. BB of ch. NR 665 (air emission standards for equipment leaks) and subch.
CC of ch. NR 665 (air emission standards for tanks, surface impoundments and
containers), except ss.
NR 665.0197(3) and 665.0200.
c. In containment buildings and the generator
complies with subch. DD of ch. NR 665 (containment buildings), and has placed
the professional engineer certification that the building complies with the
design standards specified in s.
NR 665.1101 in the facility's operating record prior to
operation of the unit. The owner or operator shall maintain any of the
following records at the facility:
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 generator is complying with the
procedures.
2) Documentation that
the unit is emptied at least once every 180 days.
2. In addition, such a generator
is exempt from all the requirements in subchs. G (closure and long-term care)
and H (financial requirements) of ch. NR 665, except for ss.
NR 665.0111 and 665.0114.
3. The date upon which each period of
accumulation begins is clearly marked and visible for inspection on each
container.
4. While being
accumulated on-site, each container and tank is labeled or marked clearly with
the words, "Hazardous Waste".
5.
The generator complies with the requirements for owners or operators in subchs.
C (preparedness and prevention) and D (contingency plan and emergency
procedures) of ch. NR 665 and ss.
NR 665.0016
and 668.07(1)
(e).
(8) F006 WASTEWATER TREATMENT SLUDGES -
270-DAY ACCUMULATION TIME. A generator who generates 1,000 kilograms (2,205
pounds) or greater of hazardous waste per calendar month who also generates
wastewater treatment sludges from electroplating operations that meet the
listing description for the hazardous waste code F006, and who must 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 an operating license
or interim license if the generator complies with the requirements of sub. (7)
(a) to (d).
(9) F006 WASTEWATER
TREATMENT SLUDGES - STORAGE FACILITY LICENSING, ACCUMULATION TIME EXTENSION AND
ACCUMULATION LIMIT EXCEPTION. A generator accumulating F006 in accordance with
subs. (7) and (8) 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 (44,100 pounds) of F006 waste on-site is
an operator of a storage facility and is subject to the requirements of chs. NR
664 and 665 and the license requirements of ch. NR 670 unless the generator has
been granted an extension to the 180-day (or 270-day if applicable) period or
an exception to the 20,000 kilogram (44,100 pound) accumulation limit.
Extensions and exceptions may be granted by the department if F006 waste must
remain on-site for longer than 180 days (or 270 days if applicable) or if more
than 20,000 kilograms (44,100 pounds) 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.
(13) REJECTED WASTE SHIPMENTS. A 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 according to
the manifest discrepancy provisions of s.
NR 664.0072 or may accumulate 665.0072 the returned waste
on-site according to subs. (1) and (2), depending on the amount of hazardous
waste on-site in that calendar month. 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.
