(1)
(a) Before an owner or operator treats,
stores or disposes of any hazardous wastes, or nonhazardous wastes if
applicable under s.
NR 665.0113(4), the owner or operator
shall obtain a detailed chemical and physical analysis of a representative
sample of the wastes. At a minimum, the analysis shall contain all the
information which must be known to treat, store or dispose of the waste
according to this chapter and ch. NR 668.
1.
Chemical and physical samples shall be analyzed by a laboratory certified or
registered under ch. NR 149, except for field analyses for pH, specific
conductance and temperature.
(b) The analysis may include data developed
under ch. NR 661, and existing published or documented data on the hazardous
waste or on waste generated from similar processes.
Note: For example, the facility's records of
analyses performed on the waste before August 1, 2006, or studies conducted on
hazardous waste generated from processes similar to that which generated the
waste to be managed at the facility, may be included in the data base required
to comply with par. (a). The owner or operator of an off-site facility may
arrange for the generator of the hazardous waste to supply part of the
information required by par. (a), except as otherwise specified in s.
NR 668.07(2) and (3). If the generator
does not supply the information, and the owner or operator chooses to accept a
hazardous waste, the owner or operator is responsible for obtaining the
information required to comply with this section.
(c) The analysis shall be repeated as
necessary to ensure that it is accurate and up to date. At a minimum, the
analysis shall be repeated when any of the following occurs:
1. The owner or operator is notified, or has
reason to believe, that the process or operation generating the hazardous
wastes or non-hazardous wastes, if applicable, under s.
NR 665.0113(4) has changed.
2. For off-site facilities, the results of
the inspection required in par. (d) indicate that the hazardous waste received
at the facility does not match the waste designated on the accompanying
manifest or shipping paper.
(d) The owner or operator of an off-site
facility shall inspect and, if necessary, analyze each hazardous waste movement
received at the facility to determine whether it matches the identity of the
waste specified on the accompanying manifest or shipping
paper.
(2) The owner or
operator shall develop and follow a written waste analysis plan which describes
the procedures which the owner or operator will carry out to comply with sub.
(1). The owner or operator shall keep this plan at the facility. At a minimum,
the plan shall specify all of the following:
(a) The parameters for which each hazardous
waste, or non-hazardous waste if applicable under s.
NR 665.0113(4), will be analyzed and the
rationale for the selection of these parameters (i.e., how analysis for these
parameters will provide sufficient information on the waste's properties to
comply with sub. (1)).
(b) The test
methods which will be used to test for these parameters.
(c) The sampling method which will be used to
obtain a representative sample of the waste to be analyzed. A representative
sample may be obtained using any of the following:
1. One of the sampling methods described in
ch. NR 661 Appendix I.
2. An
equivalent sampling method.
Note: See s.
NR 660.21 for related
discussion.
(d)
The frequency with which the initial analysis of the waste will be reviewed or
repeated to ensure that the analysis is accurate and up to date.
(e) For off-site facilities, the waste
analyses that hazardous waste generators have agreed to supply.
(f) Where applicable, the methods that will
be used to meet the additional waste analysis requirements for specific waste
management methods specified in ss.
NR 665.0200, 665.0225, 665.0252, 665.0314, 665.0341, 665.0375, 665.0402, 665.1034(4), 665.1063(4), 665.1084 and 668.07.
(g) For surface impoundments exempted from
land disposal restrictions under s.
NR 668.04(1), the procedures and
schedule for all of the following:
1. The
sampling of impoundment contents.
2. The analysis of test data.
3. The annual removal of residues which are
not delisted under s.
NR 660.22 or which exhibit a characteristic of hazardous
waste and meet any of the following criteria:
a. The residues do not meet applicable
treatment standards of subch. D of ch. NR 668.
b. Where no treatment standards have been
established, any of the following applies:
1)
The residues are prohibited from land disposal under s.
NR 668.32 or
42
USC 6924(d).
2) The residues are prohibited from land
disposal under s.
NR 668.33.
(h) For owners and operators seeking an
exemption to the air emission standards of subch. CC according to s.
NR 665.1083,
any of the following:
1. If direct
measurement is used for the waste determination, the procedures and schedules
for waste sampling and analysis, and the results of the analysis of test data
to verify the exemption.
2. If
knowledge of the waste is used for the waste determination, any information
prepared by the facility owner or operator or by the generator of the hazardous
waste, if the waste is received from off-site, that is used as the basis for
knowledge of the waste.
(3) For off-site facilities, the waste
analysis plan required in sub. (2) shall also specify the procedures which will
be used to inspect and, if necessary, analyze each movement of hazardous waste
received at the facility to ensure that it matches the identity of the waste
designated on the accompanying manifest or shipping paper. At a minimum, the
plan shall describe all of the following:
(a)
The procedures which will be used to determine the identity of each movement of
waste managed at the facility.
(b)
The sampling method which will be used to obtain a representative sample of the
waste to be identified, if the identification method includes
sampling.
(c) The procedures that
the owner or operator of an off-site landfill receiving containerized hazardous
waste will use to determine whether a hazardous waste generator or treater has
added a biodegradable sorbent to the waste in the
container.
