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
The consent of the Attorney General will be requested for the incorporation by reference of s. NR 660.11 Wis. Adm. Code. This section is adopted under ss. 227.21 (2) (b) and 291.05, Stats., to incorporate by reference testing, monitoring, and other technical standards, established by the federal government and technical societies and organizations, to which reference is made in chs. NR 660 to 670. (See PDF for image)
Section 1. NR 149.13 Table 2 footnote 2 is amended to read:
NR 149.13 Table 2 footnote 2. Waste characterization assays are offered for solid matrices (Tier 1) only and shall include tests required to determine if a material meets the hazardous definition in s. NR 661.003 661.0003 and those used to fulfill the requirements of waste analysis plans under ch. NR 664 or 665. Section 2. NR 211.10 (2) (a) is amended to read:
NR 211.10 (2) (a) Pollutants that create or contribute to a fire or explosion hazard in the POTW, including waste streams with a closed cup flashpoint of less than 140° F or 60° C using the test methods in s. NR 661.21 661.0021. Section 3. NR 211.17 (1) (b) is amended to read:
Section 4. NR 502.09 (6) (a) is amended to read:
NR 502.09 (6) (a) An ash testing program shall be completed within 60 days after construction and shake-down of the incinerator. Representative samples of both fly ash and bottom ash shall be tested for physical characteristics, bulk chemical composition, analysis using the appropriate leaching test and analysis using the toxicity characteristics leaching procedure as specified in s. NR 661.24 661.0024. Sample collection methods, the number of tests, detection limits, and parameters to be tested for will be specified by the department. Section 5. NR 506.095 (3) (b) (Note) is amended to read:
NR 506.095 (3) (b) Note: The department encourages that solid waste material from which oil is removed, such as used oil filters that have been drained in accordance with s. NR 661.04 661.0004 (2) (m), be recycled. If the material cannot be recycled, it should be properly characterized and disposed of in accordance with the requirements of chs. NR 500 to 538 and 660 to 679.
Section 6. NR 660.02 (1) (title) is repealed.
Section 7. NR 660.02 (2) is amended to read:
NR 660.02 (2) CONFIDENTIALITY OF INFORMATION AnyExcept as provided under subs. (3) and (4), any person who submits information to the department according to chs. NR 660 to 679 may seek confidential status for part or all of that information, except emission data, by following the procedures set forth in s. 291.15 or 299.55, Stats., and s. NR 2.19. Information granted confidential status will be disclosed by the department only to the extent, and by means of the procedures, set forth in s. 291.15 or 299.55, Stats., and s. NR 2.19. However, if no application for confidential status accompanies the information when it is received by the department, it may be made available to the public without further notice to the person submitting it. Section 8. NR 660.02 (3) and (4) are created to read:
NR 660.02 (3) (a) Manifest claim of confidential status. No claim of confidential status may be asserted by any person with respect to information entered on a hazardous waste manifest, EPA Form 8700-22; a hazardous waste manifest continuation sheet, EPA Form 8700-22A; or an electronic manifest format that may be prepared and used in accordance with s. NR 662.020 (1) (c). (b) Availability of manifest. EPA will make any electronic manifest that is prepared and used in accordance with s. NR 662.020 (1) (c), or any paper manifest that is submitted to the system under s. NR 664.0071 or 665.0071 available to the public under this section when the electronic or paper manifest becomes a complete and final document. Electronic manifests and paper manifests submitted to the system are considered by EPA and the department to be complete and final documents and publicly available information after 90 days have passed since the delivery to the designated facility of the hazardous waste shipment identified in the manifest. (4) (a) After June 26, 2018, no claim of business confidentiality may be asserted by any person with respect to information contained in cathode ray tube export documents prepared, used, and submitted under ss. NR 661.0039 (1) (e) and 661.0041 (1), and with respect to information contained in hazardous waste export, import, and transit documents prepared, used, and submitted under ss. NR 662.082, 662.083, 662.084, 663.20, 664.0012, 664.0071, 665.0012, 665.0071, and 667.0071, whether submitted electronically into EPA’s waste import export tracking system, or its successor or in paper format. (b) EPA will make any cathode ray tube export documents prepared, used, and submitted under ss. NR 661.0039 (1) (e) and 661.0041(1), and any hazardous waste export, import, and transit documents prepared, used, and submitted under ss. NR 662.082, 662.083, 662.084, 663.20, 664.0012, 664.0071, 665.0012, 665.0071, and 667.0071 available to the public under this section when these electronic or paper documents are considered by EPA to be complete and final documents. These submitted electronic and paper documents related to hazardous waste exports, imports and transits, and cathode ray tube exports are considered by EPA to be final documents on March 1 of the calendar year after the related cathode ray tube exports or hazardous waste exports, imports, or transits occur.
Section 9. NR 660.04 is created to read:
NR 660.04 Manifest copy submission requirements for certain interstate waste shipments. (1) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall do all of the following, regardless of the state in which the facility is located:
(a) Complete the facility portion of the applicable manifest.
(b) Sign and date the facility certification.
(c) Submit to the e-manifest system a final copy of the manifest for data processing purposes.
(d) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of 40 CFR 264. Section 10. NR 660.05 is created to read:
NR 660.05 Applicability of electronic manifest system and user fee requirements to facilities receiving state-only regulated waste shipments. (1) In this, “state-only regulated waste” means any of the following:
(a) A non-RCRA waste that a state regulates more broadly under its state regulatory program.
(b) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.
(2) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall do all of the following:
(a) Comply with the provisions of ss. NR 664.0071, use of the manifest, and NR 664.0072, manifest discrepancies. (b) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of 40 CFR part 264. Section 11. NR 660.10 (3m), (3p), (3t), (3w), (3y), (9t), (13m), (19e) and (20m) are created to read:
NR 660.10 (3m) “Acute hazardous waste” means a hazardous waste that meets the listing criteria specified in s. NR 661.0011 (1) (b) and therefore is either listed in s. NR 661.0031 with the assigned hazard code of (H) or is listed in s. NR 661.0033 (5). (3p) “AES filing compliance date” means the date that EPA announces in the Federal Register, on or after which exporters of hazardous waste and exporters of cathode ray tubes for recycling are required to file EPA information in the Automated Export System or its successor system, under the International Trade Data System, ITDS, platform.
(3t) “Airbag waste” means any hazardous waste airbag module or hazardous waste airbag inflator.
(3w) “Airbag waste collection facility” means any facility that receives airbag waste from an airbag waste handler subject to regulation under s. NR 661.0004 (10), and accumulates the waste for more than 10 days. (3y) “Airbag waste handler” means any person, by site, who generates airbag waste that is subject to regulation under this chapter.
(9t) “Central accumulation area” means any on-site hazardous waste accumulation area with hazardous waste accumulating in units subject to either s. NR 662.016 for small quantity generators or s. NR 662.017 for large quantity generators. A central accumulation area at an eligible academic entity that chooses to operate is also subject to s. NR 662.211 when accumulating unwanted material or hazardous waste. (13m) “Contained” means held in a unit, including a land-based unit as defined in this subchapter, that meets all of the following criteria:
(a) The unit is in good condition, with no leaks or other continuing or intermittent unpermitted releases of the hazardous secondary material to the environment, and is designed, as appropriate for the hazardous secondary material, to prevent releases of hazardous secondary material into the environment. Unpermitted releases are releases that are not covered by a permit, such as a permit to discharge to water or air, and may include releases through surface transport by precipitation runoff, releases to soil and groundwater, wind-blown dust, fugitive air emissions, and catastrophic unit failures.
(b) The unit is properly labeled or otherwise has a system, such as a log, to immediately identify the hazardous secondary material in the unit.
(c) The unit holds hazardous secondary material that are compatible with other hazardous secondary material placed in the unit and is compatible with the materials used to construct the unit and addresses any potential risks of fires or explosions.
(d) Hazardous secondary material in units that meet the applicable requirements under chs. NR 664 and NR 665 are presumptively contained for the purposes of this subsection. (19e) "CRT exporter" means any person in the United States who initiates a transaction to send used CRTs outside the United States or its territories for recycling or reuse, or any intermediary in the United States arranging for such export.
(20m) "Department of transportation" or "DOT" means the U.S. department of transportation.
Section 12. NR 660.10 (21) is repealed and recreated to read:
