Section 662.220. Special requirements for very small quantity generators.

 

(1)   Conditional exemption from small and large quantity generator standards. Except for generators identified in subs. (4) , (5) (b) , (6) (b) or (8) , a very small quantity generator is not subject to regulation under subchs. A to S , provided the generator complies with the other requirements of this section.

(2)   Quantity determinations. When making the quantity determinations of this chapter, the generator shall include all hazardous waste that the generator generates, except hazardous waste that is any of the following:

(a) Exempt from regulation under s. NR 661.04 (3) to (6) , 661.06 (1) (c) , 661.07 (1) (a) or 661.08 .

(b) Managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units or totally enclosed treatment facilities as defined in s. NR 660.10 .

(c) Recycled, without prior storage or accumulation, only in an on-site process subject to regulation under s. NR 661.06 (3) (b) .

(d) Used oil managed under the requirements of s. NR 661.06 (1) (d) and ch. NR 679 .

(e) Spent lead-acid batteries managed under the requirements of subch. G of ch. NR 666 (spent lead-acid batteries being reclaimed).

(f) Universal waste managed under s. NR 661.09 and ch. NR 673 .

(3)   Quantity of hazardous waste generated. In determining the quantity of hazardous waste generated, a generator need not include any of the following:

(a) Hazardous waste when it is removed from on-site storage.

(b) Hazardous waste produced by on-site treatment (including reclamation) of the generator's hazardous waste, so long as the hazardous waste that is treated was counted once.

(c) Spent materials that are generated, reclaimed and subsequently reused on-site, so long as the spent materials have been counted once.

(4)   Acute hazardous waste generation rate limits. If a generator generates acute hazardous waste in a calendar month in greater than any of the following quantities, the generator is subject to full regulation as a large quantity generator under this chapter:

(a) A total of one kilogram (2.2 pounds) of acute hazardous wastes listed in s. NR 661.31 , 661.32 or 661.33 (5) .

(b) A total of 100 kilograms (220 pounds) of any residue or contaminated soil, waste or other debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in s. NR 661.31 , 661.32 or 661.33 (5) .

(5)   Standards for generators of acute hazardous waste. In order for a generator who generates acute hazardous wastes in quantities equal to or less than those set forth in sub. (4) (a) or (b) to be exempted from full regulation as a large quantity generator, the generator shall comply with all of the following requirements:

(a) Section NR 662.011 .

(b) The generator may accumulate acute hazardous waste on-site. If the generator accumulates at any time acute hazardous wastes in quantities greater than those set forth in sub. (4) (a) or (b) , the generator is subject to full regulation as a large quantity generator under this chapter. The time period of s. NR 662.034 (1) , for accumulation of wastes on-site, begins when the accumulated wastes exceed the applicable exemption limit.

(c) If waste is placed in containers the very small quantity generator shall:

1. Comply with the requirements in ss. NR 665.0171 , 665.0172 , 665.0173 (1) and 665.0177 (1) .

2. Mark the containers with the words "Hazardous Waste".

(d) If waste is placed in tanks the very small quantity generator shall meet all of the following requirements:

1. All tanks shall be leak proof and in good overall condition.

2. All tanks shall be made or lined with materials which will not react with or be incompatible with the hazardous waste being stored.

3. Incompatible wastes and materials may not be placed in the same tank.

4. While being accumulated on-site, each tank shall be labeled or marked clearly with the words, "Hazardous Waste".

5. If the tank beings to leak, the contents shall be removed and placed in leak proof containers or tanks immediately. All spilled material shall be cleaned up and properly managed.

(e) A very small quantity generator shall either treat or dispose of the generator's hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage or disposal facility, either of which, if located in the U.S., is any of the following:

1. If located in Wisconsin:

a. Has an interim or final operating license issued under ch. NR 670 , or is exempt from the licensing requirements under ch. NR 670 .

b. Is a licensed solid waste disposal facility which has been approved by the department to accept hazardous waste from very small quantity generators.

c. Is a universal waste handler or destination facility subject to the requirements of ch. NR 673 .

d. Is a facility which does any of the following:

2. If located outside of Wisconsin is:

a. Permitted under 40 CFR part 270 or is in interim status under 40 CFR parts 270 and 265 .

b. Authorized to manage hazardous waste by a state with a hazardous waste management program approved under 40 CFR part 271 .

c. Permitted, licensed or registered by a state to manage municipal solid waste and, if managed in a municipal solid waste landfill is subject to 40 CFR part 258 .

d. Permitted, licensed or registered by a state to manage non-municipal non-hazardous waste and, if managed in a non-municipal non-hazardous waste disposal unit after January 1, 1998, is subject to the requirements in 40 CFR 257.5 to 257.30 .

e. A universal waste handler or destination facility subject to the requirements of 40 CFR part 273 .

3. A facility which does any of the following:

a. Beneficially uses or reuses, or legitimately recycles or reclaims the waste.

b. Treats the waste prior to beneficial use or reuse, or legitimate recycling or reclamation.

(f) A very small quantity generator is not required to use a manifest. The very small quantity generator who chooses to use a manifest shall comply with all of the following:

1. The notification requirements of s. NR 660.07 .

2. The manifest requirements of ss. NR 662.020 to 662.023 .

3. The exception reporting requirement in s. NR 662.193 (2) .

4. The manifest recordkeeping requirement in s. NR 662.040 (1) .

(6)   Standards for generators of non-acutely hazardous waste. In order for a generator who generates 100 kilograms or less of non-acutely hazardous waste during a calendar month to be exempted from subchs. A to S under this section, the generator shall comply with all of the following requirements:

(a) Section NR 662.011 .

(b) The very small quantity generator may accumulate hazardous waste on-site. If the generator accumulates at any time more than a total of 1,000 kilograms (2,205 pounds) of hazardous waste, the generator is subject to regulation under subch. S . The time periods of s. NR 662.192 (1) and (2) for accumulation of waste on-site begin for a very small quantity generator when the accumulated waste exceeds 1,000 kilograms (2,205 pounds).

(c) If waste is placed in containers the very small quantity generator shall:

1. Comply with the requirements in ss. NR 665.0171 , 665.0172 , 665.0173 (1) and 665.0177 (1) .

2. Mark the containers with the words "Hazardous Waste".

(d) If waste is placed in tanks the very small quantity generator shall meet all of the following requirements:

1. All tanks shall be leak proof and in good overall condition.

2. All tanks shall be made or lined with materials that will not react with or be incompatible with the hazardous waste being stored.

3. Incompatible wastes and materials may not be placed in the same tank.

4. While being accumulated on-site, each tank shall be labeled or marked clearly with the words, "Hazardous Waste".

5. If the tank beings to leak, the contents shall be removed and placed in leak proof containers or tanks immediately. All spilled material shall be cleaned up and properly managed.

(e) A very small quantity generator shall either treat or dispose of the generator's hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage or disposal facility, either of which, if located in the U.S., is any of the following:

1. If located in Wisconsin:

a. Has an interim or final operating license issued under ch. NR 670 ,or is exempt from the licensing requirements under ch. NR 670 .

b. Is a licensed solid waste disposal facility which has been approved by the department to accept hazardous waste from very small quantity generators.

c. Is a universal waste handler or destination facility subject to the requirements of ch. NR 673 .

d. Is a facility which does any of the following:

2. If located outside of Wisconsin is:

a. Permitted under 40 CFR part 270 or is in interim status under 40 CFR parts 270 and 265 .

b. Authorized to manage hazardous waste by a state with a hazardous waste management program approved under 40 CFR part 271 .

c. Permitted, licensed or registered by a state to manage municipal solid waste and, if managed in a municipal solid waste landfill is subject to 40 CFR part 258 .

d. Permitted, licensed or registered by a state to manage non-municipal non-hazardous waste and, if managed in a non-municipal non-hazardous waste disposal unit after January 1, 1998, is subject to the requirements in 40 CFR 257.5 to 257.30 .

e. Is a universal waste handler or destination facility subject to the requirements of ch. NR 673 .

3. A facility which does any of the following:

a. Beneficially uses or reuses, or legitimately recycles or reclaims the waste.

b. Treats the waste prior to beneficial use or reuse, or legitimate recycling or reclamation.

(f) A very small quantity generator is not required to use a manifest. A very small quantity generator who chooses to use a manifest shall comply with all of the following:

1. The notification requirements of s. NR 660.07 .

2. The manifest requirements of ss. NR 662.020 to 662.023 .

3. The exception reporting requirement in s. NR 662.193 (2) .

4. The manifest recordkeeping requirement in s. NR 662.040 (1) .

(7)   Continued reduced regulation of generators with certain mixtures of hazardous waste and non-hazardous waste. A very small quantity generator subject to the reduced requirements of this section may mix the generator's hazardous waste and non-hazardous waste and remain subject to these reduced requirements even though the resultant mixture exceeds the quantity limitations identified in this section, unless the mixture meets any of the characteristics of hazardous waste identified in subch. C of ch. NR 661 .

(8)   Full regulation of generators with certain mixtures of solid waste and hazardous waste. If a generator mixes the generator's solid waste and hazardous waste that exceeds a quantity exemption level of this section, the generator is subject to full regulation as a large quantity generator under this chapter.

(9)   Used oil regulation of certain mixtures of hazardous waste and used oil. If a very small quantity generator subject to the reduced requirements of this section mixes the generator's hazardous waste and used oil, the mixture is subject to ch. NR 679 . Any material produced from such a mixture by processing, blending or other treatment is also subject to ch. NR 679 .

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06; correction in (2) (e) made under s. 13.92 (4) (b) 7. , Stats., Register March 2013 No 687.

Note

Note: This subchapter is similar to federal regulations contained in 40 CFR 261.5 , as revised on July 30, 2003. Microsoft Windows NT 6.1.7601 Service Pack 1 Note: "Full regulation" means those regulations applicable to generators of greater than 1,000 kg of non-acutely hazardous waste in a calendar month. Microsoft Windows NT 6.1.7601 Service Pack 1 1) Beneficially uses or reuses, or legitimately recycles or reclaims the waste. Microsoft Windows NT 6.1.7601 Service Pack 1 2) Treats the waste prior to beneficial use or reuse, or legitimate recycling or reclamation. Microsoft Windows NT 6.1.7601 Service Pack 1 1) Beneficially uses or reuses, or legitimately recycles or reclaims the waste. Microsoft Windows NT 6.1.7601 Service Pack 1 2) Treats the waste prior to beneficial use or reuse, or legitimate recycling or reclamation. Microsoft Windows NT 6.1.7601 Service Pack 1