Addressed in NR 660.10, 660.30, 660.31, 660.34, 660.33, 660.42, 660.43, 661.0001, 661.0002, 661.0004, 661.0400, 661.0410, 661.0411 and 661.0420, Wis. Adm. Code.
K.
Vacatur of the Comparable Fuels Rules and the Gasification Rule, April 8, 2015. Summary: This is a revision of regulations associated with the comparable fuels exclusion and the gasification exclusion, originally issued by EPA under RCRA. (Mandatory to retain equivalency; Relaxation; no known entities in Wisconsin; EPA Checklist 234)
Addressed in NR 660.10, 661.004 and 661.0038, Wis. Adm. Code.
L.
Disposal of Coal Combustion Residuals from Electric Utilities, April 17, 2015.Summary: This rule provides exemption from the definition of hazardous waste, wastes generated primarily from processes that support the combustion of coal or other fossil fuels that when co-disposed with coal combustion residuals are not subject to hazardous waste regulations. (Relaxation; EPA Checklist 235)
Addressed in NR 661.0004, Wis. Adm. Code.
M.
Imports and Exports of Hazardous Waste, November 28, 2016. Summary: The rule amends existing regulations regarding the export and import of hazardous wastes from and into the United States. These changes provide greater protection to human health and the environment by making existing export and import related requirements more consistent with the current import-export requirements for shipments between members of OECD. (Mandatory to retain equivalency; not administered by the state, EPA Checklist 236)
Addressed in NR 660.10, 660.11, 661.0004, 661.0006, 661.0039, 662.010, 662.018 662.041, 662.080 to 662.084, 663.10, 663.20, 664.0012, 664.0071, 665.0012, 665.0071, 666.070, 666.080, 667.0071, 673.20, 673.39, 673.40, 673.56, 673.6 and 673.70, Wis. Adm. Code.
N.
Hazardous Waste Generator Rule Improvements, November 28, 2016.Summary: The rule amends the existing hazardous waste generator regulatory program by reorganizing the hazardous waste generator regulations to make them more user-friendly and thus improve their usability by the regulated community; providing a better understanding of how the RCRA hazardous waste generator regulatory program works; addressing gaps in the existing regulations to strengthen environmental protection; providing greater flexibility for hazardous waste generators to manage their hazardous waste in a cost-effective and protective manner; and making technical corrections and conforming changes to address inadvertent errors and remove obsolete references to programs that no longer exist. (Most provisions are equivalent or less stringent; clarifications; EPA Checklist 237)
Addressed in NR 660.03, 660.10, 660.11, 661.0001, 661.0004 to 661.0006, 661.0033, 661.0042, 662.001, 662.010 to 662.018, 662.032, 662.034, 662.035, 662.040, 662.041, 662.043, 662.044, 662.200 to 662.204, 662.206 to 662.214, 662.216, 662.230 to 662.233, 662.250 to 662.256, 662.260 to 662.265, 663.12, 664.0001, 664.0015, 664.0071. 664.0075. 664.0170, 664.0174. 664.0191, 664.1030, 664.1050. 664.1101. 665.0001, 665.0015, 665.0071, 665.0075, 665.0174. 665.0195, 665.1030. 665.1050, 665.1101, 666.080, 666255, 667.0071, 668.01, 668.07, 668.50, 670.001, 670.042. 673.08 and 679.10, Wis. Adm. Code.
O.
Confidentiality Determinations for Hazardous Waste Export and Import Documents, December 26, 2018 Summary: This rule amends existing regulations regarding the export and import of hazardous wastes from and into the United States. Specifically, this rule applies a confidentiality determination such that no person can assert confidential business information claims for documents related to the export, import, and transit of hazardous waste and export of excluded cathode ray tubes. EPA is making these changes to apply a consistent approach in addressing confidentiality claims for export and import documentation. (Mandatory to retain equivalency; clarifications; not administered by the state; EPA Checklist 238)
Addressed in NR 660.02, 661.0039, 662.083, 662.083 and 662.084, Wis. Adm. Code.
P.
Hazardous Waste Electronic Manifest Rule, January 3, 2018 Summary: This rule establishes the methodology used to determine and revise the user fees applicable to the electronic and paper manifests to be submitted to the national electronic manifest system (e-manifest system) that EPA is developing under the Hazardous Waste Electronic Manifest Establishment Act, P.L. 112-195, which directs EPA to establish a national electronic manifest system. After the e-manifest system’s implementation date, certain users of the hazardous waste manifest will be required to pay a prescribed fee for each electronic and paper manifest they use and submit to the national system so that EPA can recover the costs of developing and operating the national e-manifest system. This final rule also announces the June 30, 2018 date when EPA expected the system to be operational and when this rule and the earlier promulgated One Year Rule will go into effect. EPA began accepting manifest submissions and collecting the corresponding manifest submission fees on this date. (Mandatory to retain equivalency; not administered by the state; EPA Special Consolidated Checklist for the Hazardous Waste Electronic Manifest Rules) Addressed in NR 660.04, 660.05, 662.020, 662.021, 662.024, 663.20, 663.21, 664.0071, 664.1086, 665.0071, 665.1087 665.1300, 665.1310 to 665.1310, Wis. Adm. Code.
Q.
Safe Management of Recalled Airbags, November 30, 2018Summary: This rule provides a conditional exemption from hazardous waste requirements for entities that remove airbag modules and inflators (i.e. airbag waste) from automobiles. Under this new rule, the entities that generate the airbag waste are “airbag waste handlers” and include automobile dealerships, automotive salvage and scrap yards, independent repair facilities and collision centers. The exemption applies to the generation and accumulation of airbag waste at the airbag waste handler location and during transport to an airbag waste collection facility or designated facility, as long as certain conditions are met. Once collected at the airbag waste collection facility, the airbag waste will be managed as RCRA hazardous waste and must be sent to RCRA disposal or recycling facilities. (Relaxation; no known entities in Wisconsin; EPA Checklist 240)
Addressed in NR 660.10, 661.0004 and 662.014, Wis. Adm. Code.
R.
Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine, December 11, 2018Summary: This rule establishes cost-saving, streamlined standards for handling hazardous waste pharmaceuticals to better fit the operations of the healthcare sector, provides regulatory certainty for healthcare facilities sending unused, unsaleable prescription hazardous waste pharmaceuticals to reverse distributors to receive manufacturer credit, and the rule incorporates flexibilities to accommodate current reverse distribution business practices. In addition, FDA-approved, over-the-counter nicotine replacement therapies (i.e., nicotine patches, gums and lozenges) will no longer be considered hazardous waste when discarded, which will result in significant cost savings and burden reduction in the management of these types of nicotine wastes. (Relaxation. EPA Checklist 241)
Addressed in NR 661.0004, 662.010, 664.0001 ,665.0001, 666 Subpart P, 668.07, 668.50, 670.001 and 673.80, Wis. Adm. Code.
Many of these amendments, driven by federal-level changes implemented to improve clarity for the hazardous waste generator community, led to the restructuring and renumbering of existing code. In addition, minor updates have been made to the list of technical standards incorporated by reference into s. NR 660.11, Wis. Adm. Code. 6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations: The rule revisions incorporate new Resource Conservation and Recovery Act (RCRA) regulations adopted by EPA between 2008 and 2018, and correct errors in the current rules. Section 291.05, Stats., requires the department to adopt by rule EPA’s criteria for identifying the characteristics of hazardous waste, and to adopt EPA’s lists of hazardous wastes and hazardous constituents, with limited exceptions. Rules governing hazardous waste transportation are also mandated, as are rules governing specific aspects of hazardous waste generation, treatment, storage and disposal, corrective action, licensing, closure, long term care, and license and plan review and approval fees. The new rules will include hazardous waste (HW) combustor final standards, conditional exemptions from hazardous waste regulations for specific waste streams, import/export requirements, e-manifest regulations, revisions to the definition of solid waste and generator improvement regulations to improve clarity and usability, and new standards to improve the management of hazardous waste pharmaceuticals. New rules that are regulated or implemented at the federal level, for example e-manifest system management, are required to be adopted by rule as part of state authorization requirements and by statute, and are identified in the summary statements of 5.A through R above. To the extent possible, the Department intends to adopt the content and format of the federal regulations, to be equivalent. The Department has identified that Wisconsin will differ from federal regulations in the following:
A.
Chapter NR 661: Hazardous Waste Identification and Listing: Clarified for handlers and transporters that the s. NR 661.09 universal waste exemption from the LDR requirements is limited to LDR notification. B.
Chapter NR 662: Hazardous Waste Generator Standards: Clarifies what constitutes mixing materials with a hazardous waste for a very small quantity generators (VSQG). This is not a new requirement under NR 662.013 but a clarification on what ‘mixing’ means.C.
Chapter NR 664: Hazardous Waste Treatment, Storage and Disposal Facility Standards: Under NR 664.0193 (5) (a) 5. Wisconsin will require that secondary containment systems have an impermeable interior coating or lining that is compatible with the stored waste and that will prevent migration of waste into the concrete. This is a new requirement but has been a long-standing EPA and Wisconsin policy. D.
Chapter NR 665: Interim License Hazardous Waste Treatment, Storage and Disposal Facility Standards: Under NR 665.0193 (5) (a) 5. Wisconsin will require that secondary containment systems have an impermeable interior coating or lining that is compatible with the stored waste and that will prevent migration of waste into the concrete. This is a new requirement but has been a long-standing EPA and Wisconsin policy. E.
Chapter NR 673: Universal Waste Management Standards: Under s. NR 673.05 (2) (c) Lamps that are intentionally broken or crushed by the generator as defined in s. NR 673.09 (4) are not covered under ch. NR 673 Universal Waste Management Standards. This is a new requirement but has been a long-standing EPA and Wisconsin policy. 7. Comparison with Similar Rules in Adjacent States: Minnesota, Illinois, and Michigan have state hazardous waste programs. In that capacity, they 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. Iowa does not have RCRA hazardous waste authorization from EPA. Instead, EPA’s Region 7 office administers and enforces the RCRA hazardous waste management requirements in Iowa.
Summary of neighboring states | Iowa* | Illinois | Michigan | Minnesota |
Rule Change - Date | Adopted | Authorized | Adopted | Authorized | Adopted | Authorized | Adopted | Authorized |
A. NESHAP Final Standards for HW Combustors Amendments, April 8, 2008. Checklist 217 | N/A | N/A | Y | Y (3/10/2017) | Y | Y (8/28/2015) | N | N |
B. F019 Exemption for Waste Water Treatment Sludges from Auto Manufacturing Zinc Phosphating Process, June 4, 2008. Checklist 218 | N/A | N/A | Y | N | Y | Y (8/28/2015) | Y | Y (6/23/2011) |
C: OECD Requirements; Export Shipments of spent Lead – Acid Batteries, January 8, 2010. Checklist 222 | N/A | N/A | Y | N | Y | Y (8/28/2015) | N | N |
D. HW Technical Corrections and Clarifications, March 18, 2010. Checklist 223. | N/A | N/A | Y | N | Y | Y (8/28/2015) | N | N |
E. Removal of Saccharin and its Salts from the list of HW, December 17, 2010. Checklist 225 | N/A | N/A | Y | N | Y | Y (8/28/2015) | N | N |
F. Revisions of the treatment Standards for Carbamate Wastes, June 13, 2011. Checklist 227 | N/A | N/A | Y | N | Y | Y (8/28/2015) | N | N |
G. HW Technical Corrections and Clarifications, May 14, 2012. Checklist 228 | N/A | N/A | Y | N | Y | Y (8/28/2015) | N | N |
H. HW Manifest Rule, February 7, 2014, Checklist 231 | N/A | N/A | Y | N | Y | N | N | N |
I. Revisions to the Export Provisions of the CRT Rule, June 26, 2014, Checklist 232 | N/A | N/A | Y | N | Y | N | N | N |
J. Revisions to the Definition of Solid Waste, January 13, 2015, Checklist 233 | N/A | N/A | Y | N | Y | N | N | N |
K. Vacatur of the Comparable Fuels Rules and the Gasification Rule, April 8, 2015, Checklist 234 | N/A | N/A | Y | N | Y | N | N | N |
L. Disposal of Coal Combustion Residuals from Electronic Utilities, April 17, 2015, Checklist 235 | N/A | N/A | Y | N | Y | N | N | N |
M. Imports and Exports of Hazardous Waste, November 28, 2016, Checklist 236 | N/A | N/A | N | N | N | N | N | N |
N. Hazardous Waste Generator Rule Improvements, November 28, 2016, Checklist 237 | N/A | N/A | Y | N | N | N | N | N |
O Confidentiality Determinations for Hazardous Waste Export and Import Documents, December 26, 2017, Checklist 238 | N/A | N/A | N | N | N | N | N | N |
P Hazardous Waste Electronic Manifest User Fee Rule, January 3,2018, Checklist 239 | N/A | N/A | N | N | N | N | N | N |
Q, Safe Management of Recalled Airbags, November 30, 2018, Checklist 240 | N/A | N/A | N | N | N | N | N | N |
R. Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine, December 11, 2018, Checklist 241 | N/A | N/A | N | N | N | N | N | N |
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: Not applicable. The proposed rules are required by statute to maintain consistency with federal rules and ensure program authorization through RCRA.
9. 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 moderate 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. While Wisconsin small business will be regulated under these revisions, the majority of the revisions are considered relaxations or clarifications, and as such will have minimal adverse economic impacts.
10. Effect on Small Business (initial regulatory flexibility analysis): Promulgation of these rules will result in moderate additional costs to small business. Federal rules require an economic impact analysis for promulgation, and without exception these changes were deemed by federal analysis to cause "minimal impact, with little or no change in market prices or production." Additionally, several of the rule changes are relaxations or partial relaxations (B, E, F, J, K, L, N, Q, and R) 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 majority of the changes that are not considered relaxations are either mandatory, not administered by the state, or were promulgated under the authority of RCRA as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA). Regulations promulgated under HSWA are immediately effective in all states, regardless of state authorization status. Entities and businesses in affected sectors have already implemented many of the changes and will thus be additionally unaffected by the HSWA rules.
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 don’t alter fee schedules in such a way that there would be any negative effect on the small business community of Wisconsin.
11. Agency Contact Person:
Andrea Keller, Section Chief
Hazardous Waste Prevention and Management
(608) 267-3132
12. Place where comments are to be submitted and deadline for submission:
Public hearings were held at the following times and locations:
July 25, 2019 – 9:00 a.m. – Department of Natural Resources Green Bay Service Center, 2984 Shawano Avenue, Green Bay WI; Lake Michigan Conference Room
July 26, 2019 – 9:00 a.m. – Department of Natural Resources Milwaukee Service Center, 2300 N. Martin Luther King, Jr. Dr., Milwaukee, WI; Room 141
July 29, 2019 – 9:00 a.m. – Department of Natural Resources, 101 S. Webster St., Madison, WI; Room G27A
