Section NR 662.011 - Hazardous waste determination and recordkeepingA person who generates a solid waste, as defined in s. NR 661.0002, shall make an accurate determination as to whether that waste is a hazardous waste in order to ensure wastes are properly managed according to chs. NR 660 to 679. A hazardous waste determination is made using all of the following steps:
(1) The hazardous waste determination for each solid waste shall be made at the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs, and at any time in the course of its management that it has, or may have, changed its properties as a result of exposure to the environment or other factors that may change the properties of the waste such that the RCRA classification of the waste may change.(2) A person shall determine whether the solid waste is excluded from regulation under s. NR 661.0004.(3) If the waste is not excluded under s. NR 661.0004, the person shall use knowledge of the waste to determine whether the waste meets any of the listing descriptions under subch. D of ch. NR 661. Acceptable knowledge that may be used in making an accurate determination as to whether the waste is listed may include waste origin, composition, the process producing the waste, feedstock, and other reliable and relevant information. If the waste is listed, the person may file a delisting petition under 40 CFR 260.20 and 260.22 to demonstrate to the EPA administrator that the waste from this particular site or operation is not a hazardous waste. The department shall recognize an EPA granted delisting unless the department clearly establishes that a delisting would threaten human health or the environment.(4) The person shall also determine whether the waste exhibits one or more hazardous characteristics as identified in subch. C of ch. NR 661 by following all of the following procedures: (a) The person shall apply knowledge of the hazard characteristic of the waste in light of the materials or the processes used to generate the waste. Acceptable knowledge may include any of the following: process knowledge, which describes information about chemical feedstocks and other inputs to the production process; knowledge of products, by-products, and intermediates produced by the manufacturing process; chemical or physical characterization of wastes; information on the chemical and physical properties of the chemicals used or produced by the process or otherwise contained in the waste; testing that illustrates the properties of the waste; or other reliable and relevant information about the properties of the waste or its constituents. A test other than a test method set forth in subch. C of ch. NR 661, or an equivalent test method approved by the department under s. NR 660.21, may be used as evidence of a person's knowledge to determine whether a solid waste exhibits a characteristic of hazardous waste. However, such tests do not, by themselves, provide definitive results. A person testing the waste shall obtain a representative sample of the waste for the testing, as defined in s. NR 660.10(101).(b) When available knowledge is inadequate to make an accurate determination, the person shall test the solid waste according to the applicable methods set forth in subch. C of ch. NR 661 or according to an equivalent method approved by the department under s. NR 660.21 and in accordance with all of the following: 1. A person testing the waste shall obtain a representative sample of the waste for the testing, as defined in s. NR 660.10(101).2. When a test method is specified in subch. C of ch. NR 661, the results of the regulatory test, when properly performed, are definitive for determining the regulatory status of the waste. Note: Wisconsin hazardous waste treatment, storage and disposal facility standard s. NR 664.0013(1) (a) 1. requires that chemical and physical samples are analyzed by a laboratory certified or registered under ch. NR 149, except for field analyses for pH, specific conductance, and temperature.
(5) If the waste is determined to be hazardous, the generator shall refer to chs. NR 661, 664 to 668, and 673 for other possible exclusions or restrictions pertaining to management of the specific waste.(6) A small or large quantity generator shall maintain records supporting its hazardous waste determinations, including records that identify whether a solid waste is a hazardous waste, as defined in s. NR 661.0003. Records shall be maintained for at least 3 years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal. These records shall comprise the generator's knowledge of the waste and support the generator's determination, as described in pars. (3) and (4). The records shall include the following types of information: the results of any tests, sampling, waste analyses, or other determinations made in accordance with this section; records documenting the tests, sampling, and analytical methods used to demonstrate the validity and relevance of such tests; records consulted in order to determine the process by which the waste was generated, the composition of the waste, and the properties of the waste; and records which explain the knowledge basis for the generator's determination, as described in sub. (4) (a). The periods of record retention referred in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the department.(7) If the waste is determined to be hazardous, small quantity generators and large quantity generators shall identify all applicable EPA hazardous waste numbers (EPA hazardous waste codes) in subchs. C and D of ch. NR 661. Prior to shipping the waste off-site, the generator also shall mark its containers with all applicable EPA hazardous waste numbers, or EPA hazardous waste codes, as specified in s. NR 662.032.Wis. Admin. Code Department of Natural Resources NR 662.011
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; corrections in (2), (3) (intro.), (a) 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 (4) (intro.), (b) 1., (5) made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020