8. Comparison with Similar Rules in Adjacent States: Minnesota, Illinois, and Michigan have state-managed hazardous waste programs. In that capacity, these states are working to promulgate these rules and include these regulations as part of their EPA-authorized program. The status of this process in each state is found below.
Summary of neighboring states |
USEPA Universal Waste Regulations: Addition of Aerosol Cans Promulgated December 9, 2019. Checklist 242 |
State: | Iowa | Illinois | Michigan | Minnesota |
Status of equivalent rules | Adopted1 | Authorized2 | Adopted | Authorized | Adopted | Authorized | Adopted | Authorized |
| Iowa does not have a state program. USEPA Region 7 administers and enforces RCRA hazardous waste regulations. | Aerosol can regulations are equivalent to federal regulations; established under 35 Ill. Adm. Code 733.106, September 3, 2020. | Aerosol can regulations are both more stringent and broader in scope than the federal rule; established under R. 299.9228, Michigan Code, August 3, 2020. | Aerosol can regulations are identical to federal regulations; established prospectively under Minn. R. 7045.1400, Subp. 1, 2005. |
1Adopted = promulgated and effective at the state level
2Authorized = rules adopted by the state have been authorized by USEPA
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: The proposed rules will maintain consistency with federal rules and help ensure continued authorization of the state RCRA program by the EPA. Currently 33 states have adopted aerosol cans as a universal waste. If Wisconsin adds aerosol cans as a universal waste, this will ease regulatory requirements and provide consistency for businesses that send these waste streams to other states for recycling, management, or disposal. The department received comments from businesses interested in adding aerosol cans as a universal waste stream as part of the development of this rule.
Clarifications to destination facility requirements and universal waste lamp language will align with language in the Federal Register (84 FR 67202), making it easier for facilities to understand and comply with the requirements. There will be no substantive change to the existing regulations.
10. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report: The determination that these rules will have little or no impact on small businesses was reached through analysis of the reports created by EPA during the promulgation process at the federal level, and the evaluation of impacted state entities and business sectors. Each federal revision contains an economic impact assessment, fiscal estimate, and language discussing which sectors, businesses, and entities will be affected by the change. This information was published in the Federal Register (84 FR 67202). While small businesses in Wisconsin will be subject to the universal waste requirements, when they elect to manage their eligible hazardous waste under the universal waste regulations, this rule is considered a relaxation and clarification, and as such will have little to no adverse economic impacts on such businesses.
Since this rule is a flexibility in the regulations, small businesses will have the option to follow the universal waste requirements instead of the more stringent hazardous waste regulations. As universal waste is recycled, the cost of the disposal of hazardous waste will be eliminated or reduced.
11. Effect on Small Business (initial regulatory flexibility analysis): Promulgation of these rules will result in little to no costs to small business. Federal rules require an economic impact analysis for promulgation, and without exception these changes were deemed by federal analysis as not expected to “result in an adverse impact to a significant number of small entities since the rule is expected to result in net cost savings for all entities affected by the rule.” Furthermore, the addition of aerosol cans as a universal waste is a relaxation of existing rules and as such will result in either direct (decreased regulatory costs) or indirect (administrative time savings) cost savings for businesses and entities in affected business sectors.
The proposed rule will provide flexibilities to requirements for the management and disposal of waste aerosol cans that are used in a variety of small businesses, including retailers, auto body and repair shops, gas stations, printers, and grocery stores. The proposed revision is intended to provide entities with the option to decrease the level of management, documentation, evaluation, transport, recycling, and disposal costs associated with management of this waste stream.
The effect of these proposed rules will be minimal and may be advantageous to small business, as they are primarily paperwork reductions, clarifications, and relaxations of existing rules. Additionally, the proposed regulations do not alter fee schedules in such a way that there would be any negative effect on the small business community of Wisconsin.
12. Agency Contact Person: Cathy Baerwald, Department of Natural Resources, Southeastern Region Headquarters, 1027 W. St. Paul Ave., Milwaukee, WI 53233-2641; Catherine.Baerwald@wisconsin.gov; (414) 333-6805 13. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, or email to:
Cathy Baerwald
Department of Natural Resources
Southeastern Region Headquarters
1027 W. St. Paul Ave.
Milwaukee, WI 53233-2641
(414) 333-6805
Comments may be submitted to the department contact person listed above or to DNRAdministrativeRulesComments@wisconsin.gov until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and on the department’s website, at https://dnr.wi.gov/calendar/hearings/. Comments may also be submitted through the Wisconsin Administrative Rules Website at https://docs.legis.wisconsin.gov/code/chr/active. RULE TEXT
Section 1 NR 660.10 (3o) is created to read:
NR 660.10 (3o) “Aerosol can” means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.
Section 2 NR 660.10 (133) (c) is amended to read:
NR 660.10 (133) (c) Thermostats and mercury-containing Mercury-containing equipment as described in s. NR 673.04. Section 3 NR 660.10 (133) (e) is created to read:
NR 660.10 (133) (e) Aerosol cans as described in s. NR 673.06. Section 4 NR 660.10 (134) (b) 1. is amended to read:
NR 660.10 (134) (b) 1. A person who treats (universal waste, except under the provisions of s. NR 673.13 (1) or (3) or 673.33 (1) or (3)), or disposes of or recycles universal waste, except under s. NR 673.13 (5) or s. 673.33 (5). Section 5 NR 661.0009 (intro.) and (4) are amended to read:
NR 661.0009 Requirements for universal waste, universal waste handlers, and universal waste transporters. Except as specified in ch. NR 673, the wastes listed in this section are exempt from regulation under chs. NR 662 to 667 and 670 and ss. NR 668.07 and 668.50 and, therefore, are not fully regulated as hazardous waste. The if a person chooses to manage the hazardous wastes listed in this section as universal wastes, all of the following wastes are subject to regulation under ch. NR 673 and are exempt from regulation under chs. NR 662 to 667 and 670 and ss. 668.07 and 668.50: (4) Lamps as described in s. NR 673.05, except lamps that are intentionally broken or crushed. A facility at which universal waste lamps are intentionally broken or crushed by a person who did not generate the universal waste lamp is a destination facility subject to subch E. A universal waste generator that intentionally breaks or crushes its own universal waste lamps shall do all of the following: Section 6 NR 661.0009 (4) (a), (b), (c), (Note 2) and (5) are created to read:
NR 661.0009 (4) (a) Conduct the breaking and crushing activities using a device that effectively contains the treatment residual contents and any emissions thereof.
(b) Prevent releases to the environment from the residual contents and any emissions thereof.
(c) Conduct a hazardous waste determination on the contents of the broken and crushed universal waste lamps, the filter from the device, and any other residues generated from the breaking and crushing of universal waste lamps as provided under s. NR 662.011. Any hazardous waste generated from the breaking and crushing of the universal waste lamps is subject to all applicable requirements of chs. NR 660 to 670. Note: While the breaking and crushing of the universal waste lamps is permissible when done in compliance with chs. NR 660 to 670, the department strongly discourages those activities, as the inhalation of mercury vapor is a significant health risk. (5) Aerosol cans as described in s. NR 673.06. Section 7 NR 664.0001 (7) (k) 3. is amended to read:
NR 664.0001 (7) (k) 3. Thermostats and mercury-containing Mercury-containing equipment as described in s. NR 673.04. Section 8 NR 664.0001 (7) (k) 5. is created to read:
NR 664.0001 (7) (k) 5. Aerosol cans as described in s. NR 673.06. Section 9 NR 665.0001 (3) (n) 3. is amended to read:
NR 665.0001 (3) (n) 3. Thermostats and mercury-containing Mercury-containing equipment as described in s. NR 673.04. Section 10 NR 665.0001 (3) (n) 5. is created to read:
NR 665.0001 (3) (n) 5. Aerosol cans as described in s. NR 673.06. Section 11 NR 668.01 (6) (e) is created to read:
NR 668.01 (6) (e) Aerosol cans as described in s. NR 673.06. Section 12 NR 670.001 (3) (b) 8. e. is created to read:
NR 670.001 (3) (b) 8. e. Aerosol cans as described in s. NR 673.06. Section 13 NR 673.01 (1) (c) is amended to read:
NR 673.01 (1) (c) Thermostats and mercury-containing Mercury-containing equipment as described in s. NR 673.04. Section 14 NR 673.01 (1) (e) and (3) are created to read:
NR 673.01(1) (e) Aerosol cans as described in s. NR 673.06. (3) This chapter is not applicable to universal wastes that are abandoned or illegally or improperly disposed.
Section 15 NR 673.03 (2) (b) is amended to read:
NR 673.03 (2) (b) Pesticides not meeting the conditions set forth in sub. (1). These pesticides shall be managed in compliance with the hazardous waste rules in chs. NR 660 to 670, except that aerosol cans as defined in s. NR 673.09 that contain pesticides may be managed as aerosol can universal waste under s. NR 673.13 (5) or 673.33 (5). Section 16 NR 673.05 (2) (c) is repealed.
Section 17 NR 673.06 is created to read:
NR 673.06 Applicability—Aerosol cans. (1) Aerosol cans covered under this chapter. The requirements of this chapter apply to any person managing aerosol cans as described under s. NR 673.09, except those listed under sub. (2). (2) Aerosol cans not covered under this chapter. The requirements of this chapter do not apply to a person managing any of the following types of aerosol cans:
(a) Aerosol cans that are not yet wastes under ch. NR 661. Sub. (3) describes when an aerosol can becomes a waste. (b) Aerosol cans that are not hazardous waste. An aerosol can is a hazardous waste if the aerosol can exhibits one or more of the characteristics identified under subch. C of ch. NR 661 or is listed under subch. D of ch. NR 661. (c) Aerosol cans that meet the standard for empty containers under s. NR 661.0007. (3) Generation of waste aerosol cans.
(a) A used aerosol can becomes a waste on the date it is discarded.
(b) An unused aerosol can becomes a waste on the date the handler decides to discard it.
Section 18 NR 673.09 (1d) is created to read:
NR 673.09 (1d) “Aerosol can” means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.
Section 19 NR 673.09 (6) and (9) are amended to read:
NR 673.09 (6) “Large quantity handler of universal waste” means a universal waste handler (, as defined in this section), who accumulates 5,000 kilograms (11,025 pounds) or more total of universal waste (,batteries, pesticides, mercury-containing equipment, or lamps, or aerosol cans, calculated collectively), at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which 5,000 kilograms (11,025 pounds) or more total of universal waste is accumulated.
