Section 661.33. Discarded commercial chemical products, off-specification species, container residues and spill residues thereof.

  All of the following materials or items are hazardous wastes if and when they are discarded or intended to be discarded as described in s. NR 661.02 (1) (b) 1. , when they are mixed with waste oil or used oil or other material and applied to the land for dust suppression or road treatment, when they are otherwise applied to the land in lieu of their original intended use or when they are contained in products that are applied to the land in lieu of their original intended use, or when, in lieu of their original intended use, they are produced for use as (or as a component of) a fuel, distributed for use as a fuel or burned as a fuel:

(1)  Any commercial chemical product, or manufacturing chemical intermediate having the generic name listed in sub. (5) or (6) .

(2)  Any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in sub. (5) or (6) .

(3)  Any residue remaining in a container or in an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name listed in sub. (5) or (6) , unless the container is empty as defined in s. NR 661.07 (2) .

(4)  Any residue or contaminated soil, water or other debris resulting from the cleanup of a spill into or on any land or water of any commercial chemical product or manufacturing chemical intermediate having the generic name listed in sub. (5) or (6) , or any residue or contaminated soil, water or other debris resulting from the cleanup of a spill, into or on any land or water, of any off-specification chemical product and manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in sub. (5) or (6) .

(5)  The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products or manufacturing chemical intermediates referred to in subs. (1) to (4) , are identified as acute hazardous wastes (H) and are subject to the small quantity exclusion defined in s. NR 662.220 (5) .

(6)  The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products referred to in subs. (1) to (4) , are identified as toxic wastes (T), unless otherwise designated and are subject to the small quantity generator exclusion defined in s. NR 662.220 (1) .

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06.

Note

Note: Unless the residue is being beneficially used or reused, or legitimately recycled or reclaimed; or being accumulated, stored, transported or treated prior to its use, re-use, recycling or reclamation, the department considers the residue to be intended for discard, and thus, a hazardous waste. An example of a legitimate re-use of the residue would be where the residue remains in the container and the container is used to hold the same commercial chemical product or manufacturing chemical intermediate it previously held. An example of the discard of the residue would be where the drum is sent to a drum reconditioner who reconditions the drum but discards the residue. Microsoft Windows NT 6.1.7601 Service Pack 1 Note: The phrase "commercial chemical product or manufacturing chemical intermediate having the generic name listed in … " refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed and all formulations in which the chemical is the sole active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in sub. (5) or (6). Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in sub. (5) or (6), the waste will be listed in either s. NR 661.31 or 661.32 or will be identified as a hazardous waste by the characteristics in subch. C. Microsoft Windows NT 6.1.7601 Service Pack 1 Note: For the convenience of the regulated community the primary hazardous properties of these materials have been indicated by the letters T (toxicity), and R (reactivity). Absence of a letter indicates the compound is only listed for acute toxicity. Microsoft Windows NT 6.1.7601 Service Pack 1 These wastes and their corresponding EPA hazardous waste numbers are: - See PDF for table Microsoft Windows NT 6.1.7601 Service Pack 1 1 CAS number given for parent compound only. Microsoft Windows NT 6.1.7601 Service Pack 1 Note: For the convenience of the regulated community, the primary hazardous properties of these materials have been indicated by the letters T (toxicity), R (reactivity), I (ignitability) and C (corrosivity). Absence of a letter indicates that the compound is only listed for toxicity. Microsoft Windows NT 6.1.7601 Service Pack 1 These wastes and their corresponding EPA hazardous waste numbers are: - See PDF for table Microsoft Windows NT 6.1.7601 Service Pack 1 1 CAS number given for parent compound only. Microsoft Windows NT 6.1.7601 Service Pack 1