Chapter NR 673

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).

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.

NR 673.33 NR 673.33 Waste management.

NR 673.33(1) (1) Universal waste batteries. A large 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 673.33(1)(a) (a) A large 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 673.33(1)(b) (b) A large 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 673.33(1)(b)1. 1. Sorting batteries by type.

NR 673.33(1)(b)2. 2. Mixing battery types in one container.

NR 673.33(1)(b)3. 3. Discharging batteries so as to remove the electric charge.

NR 673.33(1)(b)4. 4. Regenerating used batteries.

NR 673.33(1)(b)5. 5. Disassembling batteries or battery packs into individual batteries or cells.

NR 673.33(1)(b)6. 6. Removing batteries from consumer products.

NR 673.33(1)(b)7. 7. Removing electrolyte from batteries.

NR 673.33(1)(c) (c) A large 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 673.33(1)(c)1. 1. If the electrolyte 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 hazardous electrolyte or other waste and is subject to ch. NR 662.

NR 673.33(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 673.33(2) (2) Universal waste pesticides. A large 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 673.33(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 673.33(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 673.33(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 673.33(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 673.33(3) (3) Mercury-containing equipment. A large 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 673.33(3)(a) (a) A large 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. The container shall be closed, structurally sound, compatible with the contents of the device, 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 673.33(3)(b) (b) A large 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 673.33(3)(b)1. 1. Removes the ampules in a manner designed to prevent breakage of the ampules.

NR 673.33(3)(b)2. 2. Removes ampules only over or in a containment device (e.g., tray or pan sufficient to contain any mercury released from an ampule in case of breakage).

NR 673.33(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 s. NR 662.016 or 662.017.

NR 673.33(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 662.017.

NR 673.33(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 673.33 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 673.33(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 673.33(3)(b)7. 7. Stores removed ampules in closed, non-leaking containers that are in good condition.

NR 673.33(3)(b)8. 8. Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling and transportation.

NR 673.33(3)(c) (c) A large 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 673.33(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 673.33(3)(c)2. 2. Follows all requirements for removing ampules and managing removed ampules under par. (b).

NR 673.33(3)(d) (d)

NR 673.33(3)(d)1. 1. A large 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 673.33(3)(d)1.a. a. Mercury or clean-up residues resulting from spills or leaks.

NR 673.33(3)(d)1.b. b. Other solid waste generated as a result of the removal of mercury-containing ampules or housings (the remaining mercury-containing device).

NR 673.33(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 673.33(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 673.33(4) (4) Lamps. A large 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 673.33(4)(a) (a) A large 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 673.33(4)(b) (b) A large 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 673.33 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. (c), cr. (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) (title), (b) 4. Register August 2020 No. 776, eff. 9-1-20; correction in (3) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

NR 673.34 NR 673.34 Labeling and marking. A large quantity handler of universal waste shall label or mark the universal waste to identify the type of universal waste as specified below:

NR 673.34(1) (1) Universal waste batteries (i.e., each battery), or a container or tank in which the batteries are contained, shall be labeled or marked clearly with the phrase “Universal Waste — Batteries”, “Waste Batteries” or “Used Batteries”.

NR 673.34(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 673.34(2)(a) (a) The label that was on or accompanied the product as sold or distributed.

NR 673.34(2)(b) (b) The words “Universal Waste — Pesticides” or “Waste — Pesticides”.

NR 673.34(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 673.34(3)(a) (a)

NR 673.34(3)(a)1. 1. The label that was on the product when purchased, if still legible.

NR 673.34(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 673.34(3)(a)3. 3. If using the labels described in subds. 1. and 2. is not feasible, another label prescribed or designated by the pesticide collection program.

NR 673.34(3)(b) (b) The words “Universal Waste — Pesticides” or “Waste—Pesticides”.

NR 673.34(4) (4) 

NR 673.34(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 673.34(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 673.34(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 673.34 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.

NR 673.35 NR 673.35 Accumulation time limits.

NR 673.35(1) (1) A large 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 673.35(2) (2) A large 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 was solely for the purpose of accumulation of quantities of universal waste as necessary to facilitate proper recovery, treatment or disposal.

NR 673.35(3) (3) A large quantity handler of 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 673.35(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 673.35(3)(b) (b) Marking or labeling the individual item of universal waste (e.g., each battery or thermostat) with the date it became a waste or was received.

NR 673.35(3)(c) (c) Maintaining an inventory system on-site that identifies the date the universal waste being accumulated became a waste or was received.

NR 673.35(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 673.35(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 673.35(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 673.35 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.36 NR 673.36 Employee training. A large quantity handler of universal waste shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relative to their responsibilities during normal facility operations and emergencies.

NR 673.36 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.37 NR 673.37 Response to releases.

NR 673.37(1) (1) A large quantity handler of universal waste shall immediately contain all releases of universal wastes and other residues from universal wastes.

NR 673.37(2) (2) A large 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 is subject to ch. NR 662.

NR 673.37 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.38 NR 673.38 Off-site shipments.

NR 673.38(1) (1) A large 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 673.38(2) (2) If a large 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.