Section NR 662.013 - Generator category determinationA generator shall determine its generator category. A generator's category is based on the amount of hazardous waste generated each month and may change from month to month. This section sets forth procedures to determine whether a generator is a "very small quantity generator," a "small quantity generator," or a "large quantity generator" for a particular month, as each of those terms is defined in s. NR 660.10, by applying any of the following, as applicable:
(1) GENERATORS OF EITHER ACUTE HAZARDOUS WASTE OR NON-ACUTE HAZARDOUS WASTE. A generator who either generates acute hazardous waste or non-acute hazardous waste in a calendar month shall determine its generator category for that month by doing all of the following: (a) Counting the total amount of hazardous waste generated in the calendar month.(b) Subtracting from the total any amounts of waste exempt from counting as described in subs. (3) and (4).(c) Determining the resulting generator category for the hazardous waste generated using Table 1.(2) GENERATORS OF BOTH ACUTE AND NON-ACUTE HAZARDOUS WASTES. A generator who generates both acute hazardous waste and non-acute hazardous waste in the same calendar month shall determine its generator category for that month by doing all of the following: (a) Counting separately the total amount of acute hazardous waste and the total amount of non-acute hazardous waste generated in the calendar month.(b) Subtracting from each total any amounts of waste exempt from counting as described in subs. (3) and (4).(c) Determining separately the resulting generator categories for the quantities of acute and non-acute hazardous waste generated using Table 1.(d) Comparing the resulting generator categories from par. (c) and applying the more stringent generator category to the accumulation and management of both non-acute hazardous waste and acute hazardous waste generated for that month. Table 1
Generator Categories Based on Quantity of Waste Generated in a Calendar Month
Quantity of acute hazardous waste generated in a calendar month | Quantity of non-acute hazardous waste generated in a calendar month | Quantity of residues from a cleanup of acute hazardous waste generated in a calendar month | Generator category |
> 1 kg | Any amount | Any amount | Large quantity generator. |
Any amount | >= 1,000 kg | Any amount | Large quantity generator. |
Any amount | Any amount | >100 kg | Large quantity generator. |
<= 1 kg | > 100 kg and < 1,000 kg | <= 100 kg | Small quantity generator. |
<= 1 kg | <= 100 kg | <= 100 kg | Very small quantity generator. |
(3) MONTHLY QUANTITY-BASED DETERMINATIONS. When making the monthly quantity-based determinations required under this chapter, the generator shall include all hazardous waste that it generates, except hazardous waste that is any of the following: (a) Exempt from regulation under ss. NR 661.0004(3) to (6), 661.0006(1) (c), 661.0007(1) (a), or 661.0008.(b) Managed immediately upon generation 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 661.0006(3) (b).(d) Used oil that is managed under the requirements specified in s. NR 661.0006(1) (d) and ch. NR 679.(e) Spent lead-acid batteries managed under the requirements specified in subch. G of ch. NR 666.(f) Universal waste managed under s. NR 661.0009 and ch. NR 673.(g) A hazardous waste that is an unused commercial chemical product listed in subch. D of ch. NR 661 or exhibiting one or more characteristics in subch. C of ch. NR 661 that is generated solely as a result of a laboratory clean-out under s. NR 662.213 conducted at an eligible academic entity, as defined in s. NR 662.200(3).(h) Managed as part of an episodic event in compliance with the conditions under subch. L.(i) A hazardous waste pharmaceutical, as defined in s. NR 666.500, that is subject to or managed in accordance with subch. P of ch. NR 666 or is a hazardous waste pharmaceutical that is also a drug enforcement administration controlled substance and is conditionally exempt under s. NR 666.506.(4) DETERMINING THE QUANTITY OF HAZARDOUS WASTE GENERATED IN A CALENDAR MONTH. In determining the quantity of hazardous waste generated in a calendar month, a generator need not include any of the following: (a) Hazardous waste when it is removed from on-site accumulation, so long as the hazardous waste was previously counted once.(b) Hazardous waste generated by on-site treatment, including reclamation, of the generator's hazardous waste, so long as the hazardous waste that is treated was previously counted once.(c) Hazardous waste spent materials that are generated, reclaimed, and subsequently reused on-site, so long as the spent materials were previously counted once.(5) GENERATOR CATEGORY. Based on the generator category as determined under this section, the generator shall meet the applicable independent requirements listed in s. NR 662.010. A generator's category also determines which of the provisions specified in s. NR 662.014, 662.015, 662.016, or 662.017 shall be met to obtain an exemption from the storage facility license, interim status, and operating requirements when accumulating hazardous waste.(6) MIXING HAZARDOUS WASTES WITH SOLID WASTES. (a)Very small quantity generator wastes.1. Hazardous wastes generated by a very small quantity generator may, as part of a treatment process, be mixed with solid wastes. A very small quantity generator may, as part of a treatment process, mix a portion or all of its hazardous waste with solid waste and remain subject to s. NR 662.014 even though the resultant mixture exceeds the quantity limits identified in the definition of very small quantity generator under s. NR 660.10(139), unless the mixture exhibits one or more of the characteristics of hazardous waste identified in subch. C of ch. NR 661. Legitimate treatment processes include the following examples: stabilization and solidification, polymerization, electrochemical oxidation of organic chemicals, elementary neutralization, and precipitating heavy metals out of solution. Note: The mixing of hazardous waste by a very small quantity generator into a disposal container, such as a roll off box containing solid wastes, is not considered a treatment process.
2. If the resulting mixture exhibits a characteristic of hazardous waste, this resultant mixture is a newly generated hazardous waste. The very small quantity generator shall count both the resultant mixture amount plus the other hazardous waste generated in the calendar month to determine whether the total quantity exceeds the very small quantity generator calendar month quantity limits identified in the definition of generator categories under s. NR 660.10. If so, to remain exempt from the permitting, interim status, and operating standards, the very small quantity generator shall meet the conditions for exemption applicable to either a small quantity generator or a large quantity generator. The very small quantity generator shall also comply with the applicable independent requirements for either a small quantity generator or a large quantity generator.3. If a very small quantity generator's wastes are mixed with 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 regulated under ch. NR 679.(b)Small quantity generator and large quantity generator wastes.1. Hazardous wastes generated by a small quantity generator or large quantity generator may be mixed with solid waste. These mixtures are subject to the following: the mixture rule specified in s. NR 661.0003(1) (b) 4., (2) (b) and (c), and (7) (b) 1.; the prohibition of dilution rule specified in s. NR 668.03(1); the land disposal restriction requirements specified in s. NR 668.40 if a characteristic hazardous waste is mixed with a solid waste so that it no longer exhibits the hazardous characteristic; and the hazardous waste determination requirement specified in s. NR 662.011.2. If the resulting mixture is found to be a hazardous waste, this resultant mixture is a newly generated hazardous waste. A small quantity generator shall count both the resultant mixture amount plus the other hazardous waste generated in the calendar month to determine whether the total quantity exceeds the small quantity generator calendar monthly quantity limits identified in the definition of generator categories under s. NR 660.10. If so, to remain exempt from the permitting, interim status, and operating standards, the small quantity generator shall meet the conditions for exemption applicable to a large quantity generator. The small quantity generator shall also comply with the applicable independent requirements for a large quantity generator.Wis. Admin. Code Department of Natural Resources NR 662.013
Adopted by, CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (intro.), (3) (a) to (i), (6) (b) 1. made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020Amended by, correction in (6) (a) 1. made under s. 35.17, Stats., Register April 2021 No. 784, eff. 5/1/2021