Chapter NR 673

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(5) (5) Aerosol cans. A small quantity handler of universal waste shall manage universal waste aerosol cans in a way that prevents releases, according to all of the following:

NR 673.13(5)(a) (a) Universal waste aerosol cans shall be accumulated in a container that is structurally sound, is compatible with the contents of the aerosol cans, lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions, and is protected from sources of heat.

NR 673.13(5)(b) (b) Universal waste aerosol cans that show evidence of leakage shall be packaged in a separate closed container or overpacked with absorbents, or immediately punctured and drained in accordance with the requirements under par. (d).

NR 673.13(5)(c) (c) A small quantity handler of universal waste may conduct any of the following activities as long as each individual aerosol can is not breached and remains intact:

NR 673.13(5)(c)1. 1. Sorting aerosol cans by type.

NR 673.13(5)(c)2. 2. Mixing intact cans in one container.

NR 673.13(5)(c)3. 3. Removing actuators to reduce the risk of accidental release.

NR 673.13(5)(d) (d) A small quantity handler of universal waste who punctures and drains aerosol cans shall recycle the empty punctured aerosol cans and meet all of the following requirements while puncturing and draining universal waste aerosol cans:

NR 673.13(5)(d)1. 1. Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions.

NR 673.13(5)(d)2. 2. Establish and follow a written procedure detailing how to safely puncture and drain the universal waste aerosol can, including proper assembly, operation and maintenance of the device described in subd. 1., segregation of incompatible wastes, and proper waste management practices to prevent fires or releases; maintain a copy of the device’s specification and instruction on site; and ensure employees operating the device are trained in the proper procedures.

NR 673.13(5)(d)3. 3. Ensure that puncturing of the can is done in a manner designed to prevent fires and to prevent the release of any component of universal waste to the environment including locating the device described in subd. 1. on a solid, flat surface in a well-ventilated area.

NR 673.13(5)(d)4. 4. Immediately transfer the contents from the waste aerosol can or puncturing device, if applicable, to a container or tank that meets the applicable requirements under s. NR 662.014, 662.015, 662.016, or 662.017.

NR 673.13(5)(d)5. 5. Conduct a hazardous waste determination on the contents of the emptied aerosol can under s. NR 662.011. Any hazardous waste generated as a result of puncturing and draining the aerosol can is subject to all applicable requirements under chs. NR 660 to 670. The handler is considered the generator of the hazardous waste and is subject to ch. NR 662.

NR 673.13(5)(d)6. 6. If the contents are determined to be nonhazardous, manage the waste in any way that is in compliance with applicable federal, state, or local solid waste regulations.

NR 673.13(5)(d)7. 7. Establish or adopt a written procedure to be followed in the event of a spill or leak and provide a spill clean-up kit, and promptly clean up all spills or leaks of the contents of the aerosol cans.

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; CR 24-036: am. (3) (b) 3., 4., cr. (5) Register May 2025 No. 833, eff. 6-1-25; corrections in (5) (a), (d) 4. made under s. 35.17, Stats., Register May 2025 No. 833.

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:

NR 673.14(1) (1) Universal waste batteries (i.e., each battery), or a container in which the batteries are contained, shall be labeled or marked clearly with the phrase “Universal Waste — Batteries,” “Waste Batteries,” or “Used Batteries.”

NR 673.14(2) (2) A container (or multiple container package unit), tank or transport vehicle or vessel in which recalled universal waste pesticides as described in s. NR 673.03 (1) (a) are contained shall be labeled or marked clearly with all of the following:

NR 673.14(2)(a) (a) The label that was on or accompanied the product as sold or distributed.

NR 673.14(2)(b) (b) The words “Universal Waste — Pesticides” or “Waste-Pesticides.”

NR 673.14(3) (3) A container, tank or transport vehicle or vessel in which unused pesticide products as described in s. NR 673.03 (1) (b) are contained shall be labeled or marked clearly with all of the following:

NR 673.14(3)(a) (a)

NR 673.14(3)(a)1. 1. The label that was on the product when purchased, if still legible.

NR 673.14(3)(a)2. 2. If using the labels described in subd. 1. is not feasible, the appropriate label as required under the U.S. department of transportation regulation 49 CFR part 172.

NR 673.14(3)(a)3. 3. If using the labels described in subds. 1. and 2. is not feasible, another label prescribed or designated by the waste pesticide collection program administered or recognized by the state of Wisconsin.

NR 673.14(3)(b) (b) The words “Universal Waste-Pesticides” or “Waste-Pesticides.”

NR 673.14(4) (4) 

NR 673.14(4)(a) (a) Universal waste mercury-containing equipment (for instance, each device), or a container in which the equipment is contained, shall be labeled or marked clearly with any of the following phrases: “Universal Waste — Mercury-Containing Equipment,” “Waste Mercury-Containing Equipment,” or “Used Mercury-Containing Equipment.”

NR 673.14(4)(b) (b) A universal waste mercury-containing thermostat or container containing only universal waste mercury-containing thermostats may be labeled or marked clearly with any of the following phrases: “Universal Waste — Mercury Thermostats,” “Waste Mercury Thermostats,” or “Used Mercury Thermostats.”

NR 673.14(5) (5) Each lamp or a container or package in which the lamps are contained shall be labeled or marked clearly with the phrase “Universal Waste — Lamps,” “Waste Lamps,” or “Used Lamps.”

NR 673.14(6) (6) Each universal waste aerosol can, or a container in which the aerosol cans are contained, shall be labeled or marked clearly with any of the following phrases: “Universal Waste—Aerosol Cans,” “Waste Aerosol Cans,” or “Used Aerosol Cans.”

NR 673.14 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: r. and recr. (4) Register July 2017 No. 739, eff. 8-1-17; CR 24-036: am. (4) (b), cr. (6) Register May 2025 No. 833, eff. 6-1-25; correction in (1), (2) (b), (3) (b), (4) (b), (5) made under s. 35.17, Stats., Register May 2025 No. 833.

NR 673.15 NR 673.15 Accumulation time limits.

NR 673.15(1) (1) A small quantity handler of universal waste may accumulate universal waste for no longer than one year from the date the universal waste is generated, or received from another handler, unless the requirements of sub. (2) are met.

NR 673.15(2) (2) A small quantity handler of universal waste may accumulate universal waste for longer than one year from the date the universal waste is generated, or received from another handler, if this activity is solely for the purpose of accumulation of quantities of universal waste as necessary to facilitate proper recovery, treatment or disposal. However, the handler bears the burden of proving that this activity is solely for the purpose of accumulation of quantities of universal waste as necessary to facilitate proper recovery, treatment or disposal.

NR 673.15(3) (3) A small quantity handler of universal waste who accumulates universal waste shall be able to demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste or is received. The handler may make this demonstration by doing any of the following:

NR 673.15(3)(a) (a) Placing the universal waste in a container and marking or labeling the container with the earliest date that any universal waste in the container became a waste or was received.

NR 673.15(3)(b) (b) Marking or labeling each individual item of universal waste (e.g., each battery or thermostat) with the date it became a waste or was received.

NR 673.15(3)(c) (c) Maintaining an inventory system on-site that identifies the date each universal waste became a waste or was received.

NR 673.15(3)(d) (d) Maintaining an inventory system on-site that identifies the earliest date that any universal waste in a group of universal waste items or a group of containers of universal waste became a waste or was received.

NR 673.15(3)(e) (e) Placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received.

NR 673.15(3)(f) (f) Any other method which clearly demonstrates the length of time that the universal waste has been accumulated from the date it becomes a waste or is received.

NR 673.15 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.16 NR 673.16 Employee training. A small quantity handler of universal waste shall inform all employees who handle or have responsibility for managing universal waste. The information shall describe proper handling and emergency procedures appropriate to the types of universal waste handled at the facility.

NR 673.16 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.17 NR 673.17 Response to releases.

NR 673.17(1) (1) A small quantity handler of universal waste shall immediately contain all releases of universal wastes and other residues from universal wastes.

NR 673.17(2) (2) A small quantity handler of universal waste shall determine whether any material resulting from the release is hazardous waste, and if so, shall manage the hazardous waste in compliance with all applicable requirements of chs. NR 660 to 670. The handler is considered the generator of the material resulting from the release, and shall manage it in compliance with ch. NR 662.

NR 673.17 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.18 NR 673.18 Off-site shipments.

NR 673.18(1) (1) A small quantity handler of universal waste is prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility or a foreign destination.

NR 673.18(2) (2) If a small quantity handler of universal waste self-transports universal waste off-site, the handler becomes a universal waste transporter for those self-transportation activities and shall comply with the transporter requirements of subch. D while transporting the universal waste.

NR 673.18(3) (3) If a universal waste being offered for off-site transportation meets the definition of hazardous materials under 49 CFR parts 171 to 180, a small quantity handler of universal waste shall package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable U.S. department of transportation regulations under 49 CFR parts 172 to 180.

NR 673.18(4) (4) Prior to sending a shipment of universal waste to another universal waste handler, the originating handler shall ensure that the receiving handler agrees to receive the shipment.

NR 673.18(5) (5) If a small quantity handler of universal waste sends a shipment of universal waste to another handler or to a destination facility and the shipment is rejected by the receiving handler or destination facility, the originating handler shall do one of the following:

NR 673.18(5)(a) (a) Receive the waste back when notified that the shipment has been rejected.

NR 673.18(5)(b) (b) Agree with the receiving handler on a destination facility to which the shipment will be sent.

NR 673.18(6) (6) A small quantity handler of universal waste may reject a shipment containing universal waste, or a portion of a shipment containing universal waste, that the handler has received from another handler. If a handler rejects a shipment or a portion of a shipment, the handler shall contact the originating handler to notify the originating handler of the rejection and to discuss reshipment of the load. The handler shall do one of the following:

NR 673.18(6)(a) (a) Send the shipment back to the originating handler.

NR 673.18(6)(b) (b) If agreed to by both the originating and receiving handler, send the shipment to a destination facility.

NR 673.18(7) (7) If a small quantity handler of universal waste receives a shipment containing hazardous waste that is not a universal waste, the handler shall immediately notify the department of the illegal shipment, and provide the name, address and phone number of the originating shipper. The department will provide instructions for managing the hazardous waste.

NR 673.18(8) (8) If a small quantity handler of universal waste receives a shipment of non-hazardous, non-universal waste, 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 673.18 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (8) Register July 2017 No. 739, eff. 8-1-17.

NR 673.19 NR 673.19 Tracking shipments. A small quantity handler of universal waste is not required to keep records of shipments of universal waste.

NR 673.19 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.20 NR 673.20 Exports. A small quantity handler of universal waste who sends universal waste to a foreign destination is subject to the requirements of subch. H of ch. NR 662.

NR 673.20 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: renum. (intro.) to NR 673.20, r. (1) to (3) Register August 2020 No. 776, eff. 9-1-20.

subch. C of ch. NR 673 Subchapter C — Large Quantity Handlers

NR 673.30 NR 673.30 Applicability. This subchapter applies to large quantity handlers of universal waste.

NR 673.30 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.31 NR 673.31 Prohibitions. A large quantity handler of universal waste is prohibited from doing any of the following:

NR 673.31(1) (1) Disposing of universal waste.

NR 673.31(2) (2) Diluting or treating universal waste, except by responding to releases as provided in s. NR 673.37, or by managing specific wastes as provided in s. NR 673.33.

NR 673.31 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.32 NR 673.32 Notification.

NR 673.32(1) (1) 

NR 673.32(1)(a) (a) Except as provided in pars. (b) and (c), a large quantity handler of universal waste shall have sent written notification of universal waste management to the department, and received an EPA identification number, before meeting or exceeding the 5,000 kilogram (11,025 pounds) storage limit.

NR 673.32(1)(b) (b) A large quantity handler of universal waste who has already notified the department of its hazardous waste management activities and has received an EPA identification number is not required to renotify under this section.

NR 673.32(1)(c) (c) A large quantity handler of universal waste who manages recalled universal waste pesticides as described in s. NR 673.03 (1) (a) and who has sent notification to EPA as required by 40 CFR part 165 is not required to notify for those recalled universal waste pesticides under this section.

NR 673.32(2) (2) This notification shall include all of the following:

NR 673.32(2)(a) (a) The universal waste handler’s name and mailing address.

NR 673.32(2)(b) (b) The name and business telephone number of the person at the universal waste handler’s site who should be contacted regarding universal waste management activities.

NR 673.32(2)(c) (c) The address or physical location of the universal waste management activities.

NR 673.32(2)(d) (d) A list of all the types of universal waste managed by the handler, for example, batteries, pesticides, mercury-containing equipment, lamps, and aerosol cans.

NR 673.32(2)(e) (e) A statement indicating that the handler is accumulating more than 5,000 kg (11,025 pounds) of universal waste at one time.

NR 673.32 Note Note: See s. NR 660.07 for information on obtaining EPA form 8700-12.

NR 673.32 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (2) (d), (e) Register July 2017 No. 739, eff. 8-1-17; CR 24-036: am. (2) (d) Register May 2025 No. 833, eff. 6-1-25.