Section NR 661.0006 - Requirements for recyclable materials(1)(a) Except for the materials listed in pars. (b) and (c), hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities under subs. (2) and (3). Hazardous wastes that are recycled will be known as "recyclable materials."(b) The following recyclable materials are not subject to the requirements of this section but are regulated under subchs. C to N of ch. NR 666 and all applicable provisions in chs. NR 668 and 670: 1. Recyclable materials used in a manner constituting disposal, as specified in subch. C of ch. NR 666.2. Hazardous wastes burned, as defined in s. NR 666.100(1), in boilers and industrial furnaces that are not regulated under subch. O of ch. NR 664, subch. O of ch. NR 665, or subch. H of ch. NR 666.3. Recyclable materials from which precious metals are reclaimed as specified in subch. F of ch. NR 666.4. Spent lead-acid batteries that are being reclaimed, as specified in subch. G of ch. NR 666.(c) The following recyclable materials are not subject to regulation under chs. NR 662 to 670, and are not subject to the notification requirements specified in s. NR 660.07: 1. Industrial ethyl alcohol that is reclaimed, except that exports and imports of such recyclable materials shall comply with the requirements under subch. H of ch. NR 662 and all of the following: a. A person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, shall comply with the requirements applicable to a primary exporter in s. NR 662.083(7) and (9), shall export such materials only upon consent of the receiving country and in conformance with the EPA acknowledgment of consent, as defined in subch. H of ch. NR 662, and shall provide a copy of the EPA acknowledgment of consent to the shipment to the transporter transporting the shipment for export.b. A transporter transporting a shipment for export may not accept a shipment if the transporter knows the shipment does not conform to the EPA acknowledgment of consent. The transporter shall ensure that a copy of the EPA acknowledgment of consent accompanies the shipment and shall ensure that it is delivered to the facility designated by the person initiating the shipment.2. Scrap metal that is not excluded under s. NR 661.0004(1) (m).3. Fuels produced from the refining of oil-bearing hazardous waste along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, and transportation practices. This exemption does not apply to fuels produced from oil recovered from oil-bearing hazardous waste, where such recovered oil is already excluded under s. NR 661.0004(1) (L).4. Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from such hazardous wastes, where such hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil so long as the resulting fuel meets the used oil specification under s. NR 679.11 and so long as no other hazardous wastes are used to produce the hazardous waste fuel.5. Hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining production and transportation practices, where such hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, so long as the fuel meets the used oil fuel specification under s. NR 679.11.6. Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, in which reclaimed oil is burned as a fuel without reintroduction to a refining process, so long as the reclaimed oil meets the used oil fuel specification under s. NR 679.11.(d) Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic is not subject to the requirements under chs. NR 660 to 668, but is regulated under ch. NR 679. Used oil that is recycled includes any used oil that is reused, following its original use, for any purpose, including the purpose for which the oil was originally used. This includes oil which is re-refined, reclaimed, burned for energy recovery, or reprocessed.(e) Hazardous waste that is exported or imported for purpose of recovery is subject to the requirements under subch. H of ch. NR 662.(2) Except as provided in sub. (1), generators and transporters of recyclable materials are subject to the applicable requirements specified in chs. NR 662 and 663 and the notification requirements under s. NR 660.07.(3)(a) Except as provided in sub. (1), owners and operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of subchs. A to L, AA, BB, and CC of chs. NR 664 and 665, and under chs. NR 666 to 670, and the notification requirements under s. NR 660.07. Except as provided in sub. (4), the recycling process itself is exempt from regulation.(b) Except as provided in sub. (1), owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to all of the following requirements: 1. Notification requirements under ss. NR 660.07.2. Sections NR 665.0071 and 665.0072 dealing with the use of the manifest and manifest discrepancies.4. Section NR 665.0075 dealing with the annual reporting requirements.(4) Owners or operators of facilities subject to s. 291.25, Stats., licensing requirements with hazardous waste management units that recycle hazardous wastes, are subject to the requirements specified in subchs. AA and BB of ch. NR 664 or subchs. AA and BB of ch. NR 665 or ch. NR 667.Wis. Admin. Code Department of Natural Resources NR 661.0006
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (1) (b) (intro.) made under s. 13.92(4) (b) 7, Stats., Register February 2012 No. 674; corrections in (1) (b) 2., (3) (a), (4) made under s. 13.92(4) (b) 7, Stats., Register March 2013 No. 687.Adopted by, CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (b) 2., (c) 1. a., (3) (a), (4) made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020Amended by, correction in (1) (c) 1. a., (4) made under s. 13.92(4) (b) 7, Stats., and correction in (3) (b) 2., 4., made under s. 35.17, Stats., Register April 2021 No. 784, eff. 5/1/2021