Wis. Admin. Code Department of Natural Resources NR 665.0013

Current through November 25, 2024
Section NR 665.0013 - General waste analysis
(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.

Wis. Admin. Code Department of Natural Resources NR 665.0013

CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (2) (c) 1. made under s. 13.92(4) (b) 7, Stats., Register March 2013 No. 687.
Amended by, correction in (1) (b) made under s. 13.92(4) (b) 7, Stats., Register April 2021 No. 784, eff. 5/1/2021