Chapter NR 673

NR 673.08(2) (2) Persons who commingle the wastes described in sub. (1) (a) and (b) together with universal waste regulated under this chapter shall manage the commingled waste under the requirements of this chapter.

NR 673.08 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (a), (b) Register August 2020 No. 776, eff. 9-1-20.

NR 673.09 NR 673.09 Definitions. In this chapter:

NR 673.09(1g) (1g) “Ampule” means an airtight vial made of glass, plastic, metal, or any combination of these materials.

NR 673.09(1r) (1r) “Battery” means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode and an electrolyte, plus connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

NR 673.09(2) (2) “Destination facility” means a facility that treats, disposes of or recycles a particular category of universal waste, except those management activities described in ss. NR 673.13 (1) and (3) and 673.33 (1) and (3). A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.

NR 673.09(3) (3) “FIFRA” means the federal insecticide, fungicide and rodenticide act (7 USC 136 to 136y).

NR 673.09(4) (4) “Generator” means any person, by site, whose act or process produces hazardous waste identified or listed in ch. NR 661 or whose act first causes a hazardous waste to become subject to regulation.

NR 673.09(5) (5) “Lamp”, also referred to as “universal waste lamp”, means the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium and metal halide lamps.

NR 673.09(6) (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, 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.

NR 673.09(6m) (6m) “Mercury-containing equipment” means a device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function.

NR 673.09(7) (7) “On-site” means the same or geographically contiguous property which may be divided by public or private right-of-way, provided that the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along the right of way. Non-contiguous properties owned by the same person but connected by a right-of-way which that person controls and to which the public does not have access, are also considered on-site property.

NR 673.09(8) (8) “Pesticide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest, or intended for use as a plant regulator, defoliant or desiccant, other than any article that is one of the following:

NR 673.09(8)(a) (a) A new animal drug under 21 USC 321(v).

NR 673.09(8)(b) (b) An animal drug that has been determined by regulation of the secretary of the U.S. department of health and human services not to be a new animal drug.

NR 673.09(8)(c) (c) An animal feed under 21 USC 321(w) that bears or contains any substances described by par. (a) or (b).

NR 673.09 Note Note: Title 21 USC 301 to 397 is also known as the federal food, drug and cosmetic act (FFDCA).

NR 673.09(9) (9) “Small quantity handler of universal waste” means a universal waste handler (as defined in this section) who does not accumulate 5,000 kilograms (11,025 pounds) or more total of universal waste (batteries, pesticides, mercury-containing equipment, or lamps, calculated collectively) at any time.

NR 673.09(10) (10) “Thermostat” means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of s. NR 673.13 (3) (b) or 673.33 (3) (b).

NR 673.09(11) (11) “Universal waste” means any of the following hazardous wastes that are subject to the universal waste requirements of this chapter:

NR 673.09(11)(a) (a) Batteries as described in s. NR 673.02.

NR 673.09(11)(b) (b) Pesticides as described in s. NR 673.03.

NR 673.09(11)(c) (c) Mercury-containing equipment as described in s. NR 673.04.

NR 673.09(11)(d) (d) Lamps as described in s. NR 673.05.

NR 673.09(12) (12) “Universal waste handler”:

NR 673.09(12)(a) (a) Means any of the following:

NR 673.09(12)(a)1. 1. A generator (as defined in this section) of universal waste.

NR 673.09(12)(a)2. 2. The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste and sends universal waste to another universal waste handler, a destination facility or a foreign destination.

NR 673.09(12)(b) (b) Does not mean any of the following:

NR 673.09(12)(b)1. 1. A person who treats (except under s. NR 673.13 (1) or (3), or 673.33 (1) or (3)), disposes of or recycles universal waste.

NR 673.09(12)(b)2. 2. A person engaged in the off-site transportation of universal waste by air, rail, highway or water, including a universal waste transfer facility.

NR 673.09(13) (13) “Universal waste transfer facility” means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of universal waste are held during the normal course of transportation for 10 days or less.

NR 673.09(14) (14) “Universal waste transporter” means a person engaged in the off-site transportation of universal waste by air, rail, highway or water.

NR 673.09 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: renum. (1) to (1r), cr. (1g), am. (6), cr. (6m), am. (9), (11), (c) Register July 2017 No. 739, eff. 8-1-17.

subch. B of ch. NR 673 Subchapter B — Small Quantity Handlers

NR 673.10 NR 673.10 Applicability. This subchapter applies to small quantity handlers of universal waste (as defined in s. NR 673.09).

NR 673.10 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.11 NR 673.11 Prohibitions. A small quantity handler of universal waste is prohibited from doing any of the following:

NR 673.11(1) (1) Disposing of universal waste.

NR 673.11(2) (2) Diluting or treating universal waste, except by responding to releases as provided in s. NR 673.17, or by managing specific wastes as provided in s. NR 673.13.

NR 673.11 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.12 NR 673.12 Notification. A small quantity handler of universal waste is not required to notify the department of universal waste handling activities.

NR 673.12 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.13 NR 673.13 Waste management.

NR 673.13(1) (1) Universal waste batteries. A small quantity handler of universal waste shall manage universal waste batteries in all of the following ways that prevent releases of any universal waste or component of a universal waste to the environment:

NR 673.13(1)(a) (a) A small quantity handler of universal waste shall contain any universal waste battery that shows evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the battery and shall lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.

NR 673.13(1)(b) (b) A small quantity handler of universal waste may conduct any of the following activities as long as the casing of each individual battery cell is not breached and remains intact and closed (except that cells may be opened to remove electrolyte but shall be immediately closed after removal):

NR 673.13(1)(b)1. 1. Sorting batteries by type.

NR 673.13(1)(b)2. 2. Mixing battery types in one container.

NR 673.13(1)(b)3. 3. Discharging batteries so as to remove the electric charge.

NR 673.13(1)(b)4. 4. Regenerating used batteries.

NR 673.13(1)(b)5. 5. Disassembling batteries or battery packs into individual batteries or cells.

NR 673.13(1)(b)6. 6. Removing batteries from consumer products.

NR 673.13(1)(b)7. 7. Removing electrolyte from batteries.

NR 673.13(1)(c) (c) A small quantity handler of universal waste who removes electrolyte from batteries, or who generates other solid waste (e.g., battery pack materials, discarded consumer products) as a result of the activities listed in par. (b), shall determine whether the electrolyte or other solid waste exhibits a characteristic of hazardous waste identified in subch. C of ch. NR 661.

NR 673.13(1)(c)1. 1. If the electrolyte or other solid waste exhibits a characteristic of hazardous waste, it is subject to all applicable requirements of chs. NR 660 to 670. The handler is considered the generator of the hazardous electrolyte or other waste and is subject to ch. NR 662.

NR 673.13(1)(c)2. 2. If the electrolyte or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with chs. 287 and 289, Stats., chs. NR 500 to 524 and applicable federal or local solid waste regulations.

NR 673.13(2) (2) Universal waste pesticides. A small quantity handler of universal waste shall manage universal waste pesticides in a way that prevents releases of any universal waste or component of a universal waste to the environment. The universal waste pesticides shall be contained in one or more of the following:

NR 673.13(2)(a) (a) A container that remains closed, structurally sound, compatible with the pesticide and that lacks evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.

NR 673.13(2)(b) (b) A container that does not meet the requirements of par. (a), provided that the unacceptable container is overpacked in a container that does meet the requirements of par. (a).

NR 673.13(2)(c) (c) A tank that meets the requirements of subch. J of ch. NR 665, except for ss. NR 665.0197 (3) and 665.0200.

NR 673.13(2)(d) (d) A transport vehicle or vessel that is closed, structurally sound, compatible with the pesticide and that lacks evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.

NR 673.13(3) (3) Universal waste mercury-containing equipment. A small quantity handler of universal waste shall manage universal waste mercury-containing equipment in a way that prevent releases of any universal waste or component of a universal waste to the environment, as follows:

NR 673.13(3)(a) (a) A small quantity handler of universal waste shall place in a container any universal waste mercury-containing equipment with non-contained elemental mercury or that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the mercury-containing equipment, shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions, and shall be reasonably designed to prevent the escape of mercury into the environment by volatilization or any other means.

NR 673.13(3)(b) (b) A small quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing equipment provided the handler does all of the following:

NR 673.13(3)(b)1. 1. Removes the ampules in a manner designed to prevent breakage of the ampules.

NR 673.13(3)(b)2. 2. Removes ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage).

NR 673.13(3)(b)3. 3. Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks from broken ampules, from the containment device to a container that meets the requirements of ss. NR 662.015 and 662.016.

NR 673.13(3)(b)4. 4. Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of ss. NR 662.015 and 662.016.

NR 673.13(3)(b)5. 5. Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable exposure levels for mercury adopted under 29 USC 651 to 678 or s. 101.055, Stats.

NR 673.13 Note Note: Title 29 USC 651 to 678 is also known as the federal occupational safety and health act (OSHA). Chapter SPS 332 implements s. 101.055, Stats.

NR 673.13(3)(b)6. 6. Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers.

NR 673.13(3)(b)7. 7. Stores removed ampules in closed, non-leaking containers that are in good condition.

NR 673.13(3)(b)8. 8. Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling and transportation.

NR 673.13(3)(c) (c) A small quantity handler of universal waste mercury-containing equipment that does not contain an ampule may remove the open original housing holding the mercury from universal waste mercury-containing equipment provided the handler:

NR 673.13(3)(c)1. 1. Immediately seals the original housing holding the mercury with an air-tight seal to prevent the release of any mercury to the environment.

NR 673.13(3)(c)2. 2. Follows all requirements for removing ampules and managing removed ampules under par. (b).

NR 673.13(3)(c)3. 3. If the mercury, residues or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with chs. 287 and 289, Stats., chs. NR 500 to 524 and applicable federal or local solid waste regulations.

NR 673.13(3)(d) (d)

NR 673.13(3)(d)1. 1. A small quantity handler of universal waste who removes mercury-containing ampules from mercury-containing equipment or seals mercury from mercury-containing equipment in its original housing shall determine whether the following exhibit a characteristic of hazardous waste identified in subch. C of ch. NR 661:

NR 673.13(3)(d)1.a. a. Mercury or clean-up residues resulting from spills or leaks.

NR 673.13(3)(d)1.b. b. Other solid waste generated as a result of the removal of mercury-containing ampules or housings (for example, the remaining mercury-containing device).

NR 673.13(3)(d)2. 2. If the mercury, residues, or other solid waste exhibits a characteristic of hazardous waste, it shall be managed in compliance with all applicable requirements of chs. NR 660 to 670. The handler is considered the generator of the mercury, residues or other waste and shall manage it subject to ch. NR 662.

NR 673.13(3)(d)3. 3. If the mercury, residues, or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with chs. 287 and 289, Stats., chs. NR 500 to 524, and applicable federal solid waste regulations.

NR 673.13(4) (4) Lamps. A small quantity handler of universal waste shall manage lamps in all of the following ways that prevent releases of any universal waste or component of a universal waste to the environment:

NR 673.13(4)(a) (a) A small quantity handler of universal waste shall contain any lamp in containers or packages that are structurally sound, adequate to prevent breakage and compatible with the contents of the lamps. The containers and packages shall remain closed and shall lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.

NR 673.13(4)(b) (b) A small quantity handler of universal waste shall immediately clean up and place in a container any lamp that is broken and shall place in a container any lamp that shows evidence of breakage, leakage or damage that could cause the release of mercury or other hazardous constituents to the environment. Containers shall be closed, structurally sound, compatible with the contents of the lamps and shall lack evidence of leakage, spillage or damage that could cause leakage or releases of mercury or other hazardous constituents to the environment under reasonably foreseeable conditions.

NR 673.13 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) (c) 2., (3) (intro.), (a), (b) (intro.), r. and recr. (3) (c) and am. (3) (c) 3., cr. (3) (d) Register July 2017 No. 739, eff. 8-1-17; correction in (3) (d) 3. made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739; CR 19-082: am. (3) (b) 3., 4. Register August 2020 No. 776, eff. 9-1-20.

NR 673.14 NR 673.14 Labeling and marking. A small quantity handler of universal waste shall label or mark the universal waste to identify the type of universal waste as specified below: