1027 W. St. Paul Ave.
Milwaukee, WI 53233-2641
(414) 333-6805
Comments may be submitted to the department contact person listed above or to DNRAdministrativeRulesComments@wisconsin.gov until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and on the department’s website, at https://dnr.wi.gov/calendar/hearings/. Comments may also be submitted through the Wisconsin Administrative Rules Website at https://docs.legis.wisconsin.gov/code/chr/active. RULE TEXT
Section 1 NR 660.10 (3o) is created to read:
NR 660.10 (3o) “Aerosol can” means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.
Section 2 NR 660.10 (133) (c) is amended to read:
NR 660.10 (133) (c) Thermostats and mercury-containing Mercury-containing equipment as described in s. NR 673.04. Section 3 NR 660.10 (133) (e) is created to read:
NR 660.10 (133) (e) Aerosol cans as described in s. NR 673.06. Section 4 NR 660.10 (134) (b) 1. is amended to read:
NR 660.10 (134) (b) 1. A person who treats (universal waste, except under the provisions of s. NR 673.13 (1) or (3) or 673.33 (1) or (3)), or disposes of or recycles universal waste, except under s. NR 673.13 (5) or s. 673.33 (5). Section 5 NR 661.0009 (intro.) and (4) are amended to read:
NR 661.0009 Requirements for universal waste, universal waste handlers, and universal waste transporters. Except as specified in ch. NR 673, the wastes listed in this section are exempt from regulation under chs. NR 662 to 667 and 670 and ss. NR 668.07 and 668.50 and, therefore, are not fully regulated as hazardous waste. The if a person chooses to manage the hazardous wastes listed in this section as universal wastes, all of the following wastes are subject to regulation under ch. NR 673 and are exempt from regulation under chs. NR 662 to 667 and 670 and ss. 668.07 and 668.50: (4) Lamps as described in s. NR 673.05, except lamps that are intentionally broken or crushed. A facility at which universal waste lamps are intentionally broken or crushed by a person who did not generate the universal waste lamp is a destination facility subject to subch E. A universal waste generator that intentionally breaks or crushes its own universal waste lamps shall do all of the following: Section 6 NR 661.0009 (4) (a), (b), (c), (Note 2) and (5) are created to read:
NR 661.0009 (4) (a) Conduct the breaking and crushing activities using a device that effectively contains the treatment residual contents and any emissions thereof.
(b) Prevent releases to the environment from the residual contents and any emissions thereof.
(c) Conduct a hazardous waste determination on the contents of the broken and crushed universal waste lamps, the filter from the device, and any other residues generated from the breaking and crushing of universal waste lamps as provided under s. NR 662.011. Any hazardous waste generated from the breaking and crushing of the universal waste lamps is subject to all applicable requirements of chs. NR 660 to 670. Note: While the breaking and crushing of the universal waste lamps is permissible when done in compliance with chs. NR 660 to 670, the department strongly discourages those activities, as the inhalation of mercury vapor is a significant health risk. (5) Aerosol cans as described in s. NR 673.06. Section 7 NR 664.0001 (7) (k) 3. is amended to read:
NR 664.0001 (7) (k) 3. Thermostats and mercury-containing Mercury-containing equipment as described in s. NR 673.04. Section 8 NR 664.0001 (7) (k) 5. is created to read:
NR 664.0001 (7) (k) 5. Aerosol cans as described in s. NR 673.06. Section 9 NR 665.0001 (3) (n) 3. is amended to read:
NR 665.0001 (3) (n) 3. Thermostats and mercury-containing Mercury-containing equipment as described in s. NR 673.04. Section 10 NR 665.0001 (3) (n) 5. is created to read:
NR 665.0001 (3) (n) 5. Aerosol cans as described in s. NR 673.06. Section 11 NR 668.01 (6) (e) is created to read:
NR 668.01 (6) (e) Aerosol cans as described in s. NR 673.06. Section 12 NR 670.001 (3) (b) 8. e. is created to read:
NR 670.001 (3) (b) 8. e. Aerosol cans as described in s. NR 673.06. Section 13 NR 673.01 (1) (c) is amended to read:
NR 673.01 (1) (c) Thermostats and mercury-containing Mercury-containing equipment as described in s. NR 673.04. Section 14 NR 673.01 (1) (e) and (3) are created to read:
NR 673.01(1) (e) Aerosol cans as described in s. NR 673.06. (3) This chapter is not applicable to universal wastes that are abandoned or illegally or improperly disposed.
Section 15 NR 673.03 (2) (b) is amended to read:
NR 673.03 (2) (b) Pesticides not meeting the conditions set forth in sub. (1). These pesticides shall be managed in compliance with the hazardous waste rules in chs. NR 660 to 670, except that aerosol cans as defined in s. NR 673.09 that contain pesticides may be managed as aerosol can universal waste under s. NR 673.13 (5) or 673.33 (5). Section 16 NR 673.05 (2) (c) is repealed.
Section 17 NR 673.06 is created to read:
NR 673.06 Applicability—Aerosol cans. (1) Aerosol cans covered under this chapter. The requirements of this chapter apply to any person managing aerosol cans as described under s. NR 673.09, except those listed under sub. (2). (2) Aerosol cans not covered under this chapter. The requirements of this chapter do not apply to a person managing any of the following types of aerosol cans:
(a) Aerosol cans that are not yet wastes under ch. NR 661. Sub. (3) describes when an aerosol can becomes a waste. (b) Aerosol cans that are not hazardous waste. An aerosol can is a hazardous waste if the aerosol can exhibits one or more of the characteristics identified under subch. C of ch. NR 661 or is listed under subch. D of ch. NR 661. (c) Aerosol cans that meet the standard for empty containers under s. NR 661.0007. (3) Generation of waste aerosol cans.
(a) A used aerosol can becomes a waste on the date it is discarded.
(b) An unused aerosol can becomes a waste on the date the handler decides to discard it.
Section 18 NR 673.09 (1d) is created to read:
NR 673.09 (1d) “Aerosol can” means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.
Section 19 NR 673.09 (6) and (9) are amended to read:
NR 673.09 (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, or aerosol cans, 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.
(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, or aerosol cans, calculated collectively), at any time.
Section 20 NR 673.09 (11) (e) is created to read:
NR 673.09 (11) (e) Aerosol cans as described in s. NR 673.06. Section 21 NR 673.09 (12) (b) 1. is amended to read:
Section 22 NR 673.13 (3) (b) 3. and 4. are amended to read:
NR 673.13 (3) (b) 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 all applicable requirements under ss. NR 662.015 and 662.016chs. NR 660 to 670. 4. Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the all applicable requirements under ss. NR 662.015 and 662.016 chs. NR 660 to 670. Section 23 NR 673.13 (5) is created to read:
NR 673.13 (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:
(a) Universal waste aerosol cans shall be accumulated in a container that is structurally sound, 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.
(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).
(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:
1. Sorting aerosol cans by type.
2. Mixing intact cans in one container.
3. Removing actuators to reduce the risk of accidental release.
(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:
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.
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.
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.
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. 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. 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.
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.
Section 24 NR 673.14 (4) (b) is amended to read:
NR 673.14 (4) (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 “Waste Mercury Thermostats,” or “Used Mercury Thermostats.”
Section 25 NR 673.14 (6) is created to read:
NR 673.14 (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.”
Section 26 NR 673.32 (2) (d) is amended to read:
NR 673.32 (2) (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).
