(1) The purpose of
this chapter is to establish minimum state standards that define the acceptable
management of hazardous waste during the period of the interim license and
until certification of final closure or, if the facility is subject to
long-term care requirements, until long-term care responsibilities are
fulfilled.
(2) Except as provided
in s.
NR 665.1080(2), the standards of this
chapter, and of ss.
NR 664.0552, 664.0553 and 664.0554, apply to owners and
operators of facilities that treat, store or dispose of hazardous waste who
have fully complied with the interim license requirements of s.
291.25(4),
Stats., and s.
NR 670.010 until either an operating license is issued
under s.
291.25,
Stats., or until applicable closure and long-term care responsibilities under
this chapter are fulfilled, and to those owners and operators of facilities in
existence on November 19, 1980 who have failed to provide timely notification
as required by s.
291.05(1),
Stats., and s.
NR 660.07 or failed to file part A of the EPA hazardous
waste permit application as required by s.
NR 670.010(5) and
(7). These standards apply to all treatment,
storage and disposal of hazardous waste at these facilities after August 1,
2006, except as specifically provided otherwise in this chapter or ch. NR
661.
(3) The requirements of this
chapter do not apply to any of the following:
(a) A person disposing of hazardous waste by
means of ocean disposal subject to a permit issued under
33 USC
1401 to
1445.
Note: This chapter does apply to the treatment
or storage of hazardous waste before it is loaded onto an ocean vessel for
incineration or disposal at sea, as provided in sub. (2). Title
33 USC
1401 to
1445
is also known as the ocean dumping portion of the federal marine protection,
research and sanctuaries act.
(c) The owner or operator of a POTW which
treats, stores or disposes of hazardous waste according to the requirements in
s.
NR 670.001(3)
(b) 9.
(e) The owner or operator of a facility
licensed or registered by the department to dispose of either of the following:
1. Municipal or industrial solid waste, if
the only hazardous waste the facility disposes of is from very small quantity
generators and the facility has been approved by the department to accept
hazardous waste from very small quantity generators.
2. Household and very small quantity
generator waste, if the facility complies with the requirements of ch. NR 666
subch. HH.
Note: The specific requirements for solid
waste landfills accepting hazardous waste from very small quantity generators
are contained in s.
NR 506.155. Very small quantity generators have the
option of ensuring delivery of their hazardous waste to certain solid waste
disposal facilities under s.
NR 662.014.
(f) The owner or operator of a facility
managing recyclable materials described in s.
NR 661.0006(1) (b), (c) and (d) (except
to the extent they are referred to in subch. C, F, G or H of ch. NR 666, or ch.
NR 679).
(g) A generator
accumulating waste on-site in compliance with the applicable conditions for
exemption specified in ss.
NR 662.014 to 662.017 and subchs. K and L of ch. NR 662,
except to the extent the requirements are included in ss.
NR 662.014 to 662.017 and subchs. K and L of ch. NR 662,
or treating waste in containers or tanks, provided the requirements of ss.
NR 662.014 to 662.017 are met.
(h) A farmer disposing of waste pesticides
from the farmer's own use in compliance with s.
NR 662.070.
(i) The owner or operator of a totally
enclosed treatment facility, as defined in s.
NR 660.10.
(j) The owner or operator of an elementary
neutralization unit or a wastewater treatment unit as defined in s.
NR 660.10, provided that if the owner or operator is
diluting hazardous ignitable (D001) wastes (other than the D001 high TOC
subcategory defined in s.
NR 668.40, the table "Treatment Standards for Hazardous
Wastes"), or reactive (D003) waste, to remove the characteristic before land
disposal, the owner or operator shall comply with s.
NR 665.0017(2).
(k)
1.
Except as provided in subd. 2., a person engaged in treatment or containment
activities during immediate response to any of the following situations:
a. A discharge of a hazardous
waste.
b. An imminent and
substantial threat of a discharge of a hazardous waste.
c. A discharge of a material which, when
discharged, becomes a hazardous waste.
d. An immediate threat to human health,
public safety, property or the environment, from the known or suspected
presence of military munitions, other explosive material or an explosive
device, as determined by an explosive or munitions emergency response
specialist as defined in s.
NR 660.10.
2. An owner or operator of a facility
otherwise regulated by this chapter shall comply with all applicable
requirements of subchs. C and D.
3.
Any person who is covered by subd. 1. and who continues or initiates hazardous
waste treatment or containment activities after the immediate response is over
is subject to all applicable requirements of this chapter and chs.
NR 200 to 210, 212 to 214 and 216
for those activities.
4. In the
case of an explosives or munitions emergency response, if a federal, state,
tribal or local official acting within the scope of that person's
responsibilities, or an explosives or munitions emergency response specialist,
determines that immediate removal of the material or waste is necessary to
protect human health or the environment, that official or specialist may
authorize the removal of the material or waste by transporters who do not have
EPA identification numbers or hazardous waste transportation licenses and
without the preparation of a manifest. In the case of emergencies involving
military munitions, the responding military emergency response specialist's
organizational unit shall retain records for 3 years identifying the dates of
the response, the responsible persons responding, the type and description of
material addressed and its disposition.
(l) A transporter storing manifested
shipments of hazardous waste in containers meeting the requirements of s.
NR 662.030 at a transfer facility for a period of 10 days
or less.
(m) The addition of
absorbent material to waste in a container (as defined in s.
NR 660.10) or the addition of waste to the absorbent
material in a container provided that these actions occur at the time waste is
first placed in the containers; and ss.
NR 665.0017(2), 665.0171 and 665.0172
are complied with.
(n) Universal
waste handlers and universal waste transporters (as defined in s.
NR 660.10) handling any of the following wastes. These
handlers are regulated under ch. NR 673, when handling any of the following
universal wastes:
1. Batteries as described
in s.
NR 673.02.
2.
Pesticides as described in s.
NR 673.03.
3.
Thermostats and mercury-containing equipment as described in s.
NR 673.04.
4.
Lamps as described in s.
NR 673.05.
(p) Reverse distributors accumulating
potentially creditable hazardous waste pharmaceuticals and evaluated hazardous
waste pharmaceuticals, as defined in s.
NR 666.500. Reverse distributors are subject to
regulation under subch. P of ch. NR 666 in lieu of this chapter for the
accumulation of potentially creditable hazardous waste pharmaceuticals and
evaluated hazardous waste pharmaceuticals.
(4) EPA hazardous waste numbers F020, F021,
F022, F023, F026 and FO27 may not be managed at facilities regulated under this
chapter unless any of the following apply:
(a)
The wastewater treatment sludge is generated in a surface impoundment as part
of the plant's wastewater treatment system.
(b) The waste is stored in tanks or
containers.
(c) The waste is stored
or treated in waste piles that meet the requirements of s.
NR 664.0250(3) as well as all other
applicable requirements of subch. L.
(d) The waste is burned in incinerators that
are certified pursuant to the standards and procedures in s.
NR 665.0352.
(e) The waste is burned in facilities that
thermally treat the waste in a device other than an incinerator and that are
certified pursuant to the standards and procedures in s.
NR 665.0383.
(5) The requirements of this chapter apply to
owners or operators of all facilities which treat, store or dispose of
hazardous waste referred to in ch. NR 668, and the ch. NR 668 standards are
considered material conditions or requirements of the interim license standards
in this chapter.
(6) Section
NR 666.205 identifies when the requirements of this
chapter apply to the storage of military munitions classified as solid waste
under s.
NR 666.202. The treatment and disposal of hazardous waste
military munitions are subject to the applicable licensing, procedural and
technical standards in chs.
NR
660 to 670.