Chapter NR 673

NR 673.03(3)(a)1. 1. The generator of the recalled pesticide agrees to participate in the recall.

NR 673.03(3)(a)2. 2. The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

NR 673.03(3)(b) (b) An unused pesticide product described in sub. (1) (b) becomes a waste on the date the generator decides to discard it.

NR 673.03(4) (4) Pesticides that are not wastes. All of the following pesticides are not wastes:

NR 673.03(4)(a) (a) Recalled pesticides described in sub. (1) (a), provided that the person conducting the recall has done any of the following:

NR 673.03(4)(a)1. 1. Has not made a decision to discard (e.g., burn for energy recovery) the pesticide. Until such a decision is made, the pesticide does not meet the definition of “solid waste” under s. NR 661.0002. Thus, the pesticide is not a hazardous waste and is not subject to hazardous waste requirements, including this chapter.  This pesticide remains subject to the requirements of 7 USC 136 to 136y.

NR 673.03(4)(a)2. 2. Has made a decision to use a management option that, under s. NR 661.0002, does not cause the pesticide to be a solid waste (i.e., the selected option is use (other than use constituting disposal) or reuse (other than burning for energy recovery), or reclamation).  Such a pesticide is not a solid waste and therefore is not a hazardous waste, and is not subject to the hazardous waste requirements including this chapter. This pesticide, including a recalled pesticide that is exported to a foreign destination for use or reuse, remains subject to the requirements of 7 USC 136 to 136y.

NR 673.03(4)(b) (b) Unused pesticide products described in sub. (1) (b), if the generator of the unused pesticide product has not decided to discard (e.g., burn for energy recovery) them. These pesticides remain subject to the requirements of 7 USC 136 to 136y.

NR 673.03 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (4) (a) 1., 2. Register August 2020 No. 776, eff. 9-1-20.

NR 673.04 NR 673.04 Applicability — mercury-containing equipment.

NR 673.04(1) (1) Mercury-containing equipment covered under this chapter. The requirements of this chapter apply to persons managing mercury-containing equipment, as described in s. NR 673.09, except those listed in sub. (2).

NR 673.04(2) (2) Mercury-containing equipment not covered under this chapter. The requirements of this chapter do not apply to persons managing any of the following mercury-containing equipment:

NR 673.04(2)(a) (a) Mercury-containing equipment that is not yet a waste under ch. NR 661. Subsection (3) describes when mercury-containing equipment become a waste.

NR 673.04(2)(b) (b) Mercury-containing equipment that is not hazardous waste. Mercury-containing equipment is a hazardous waste if it exhibits one or more of the characteristics identified in subch. C of ch. NR 661 or is listed in subch. D of ch. NR 661.

NR 673.04(2)(c) (c) Equipment and devices from which the mercury-containing components have been removed.

NR 673.04(3) (3) Generation of waste mercury-containing equipment.

NR 673.04(3)(a) (a) Used mercury-containing equipment becomes a waste on the date it is discarded (for example, sent for reclamation).

NR 673.04(3)(b) (b) Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

NR 673.04 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (title), (1), (2) (intro.), (a), (b), cr. (2) (c), am. (3) Register July 2017 No. 739, eff. 8-1-17.

NR 673.05 NR 673.05 Applicability — lamps.

NR 673.05(1) (1) Lamps covered under this chapter. The requirements of this chapter apply to persons managing lamps as described in s. NR 673.09, except those listed in sub. (2).

NR 673.05(2) (2) Lamps not covered under this chapter. The requirements of this chapter do not apply to persons managing any of the following lamps:

NR 673.05(2)(a) (a) Lamps that are not yet wastes under ch. NR 661 as provided in sub. (3).

NR 673.05(2)(b) (b) Lamps that are not hazardous waste. A lamp is a hazardous waste if it exhibits one or more of the characteristics identified in subch. C of ch. NR 661.

NR 673.05(2)(c) (c) Lamps that are intentionally broken or crushed by the generator as defined in s. NR 673.09 (4).

NR 673.05(3) (3) Generation of waste lamps.

NR 673.05(3)(a) (a) A used lamp becomes a waste on the date it is discarded.

NR 673.05(3)(b) (b) An unused lamp becomes a waste on the date the handler decides to discard it.

NR 673.05 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: cr. (2) (c) Register August 2020 No. 776, eff. 9-1-20.

NR 673.08 NR 673.08 Applicability — household and very small quantity generator waste.

NR 673.08(1) (1) Persons managing any of the following wastes may, at their option, manage them under the requirements of this chapter:

NR 673.08(1)(a) (a) Household wastes that are exempt under s. NR 661.0004 (2) (a) and are also of the same type as the universal wastes defined at s. NR 673.09.

NR 673.08(1)(b) (b) Very small quantity generator wastes that are exempt under s. NR 662.014 and are also of the same type as the universal wastes defined at s. NR 673.09.

NR 673.08(2) (2) Persons who commingle the wastes described in sub. (1) (a) and (b) together with universal waste regulated under this chapter shall manage the commingled waste under the requirements of this chapter.

NR 673.08 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (a), (b) Register August 2020 No. 776, eff. 9-1-20.

NR 673.09 NR 673.09 Definitions. In this chapter:

NR 673.09(1g) (1g) “Ampule” means an airtight vial made of glass, plastic, metal, or any combination of these materials.

NR 673.09(1r) (1r) “Battery” means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode and an electrolyte, plus connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

NR 673.09(2) (2) “Destination facility” means a facility that treats, disposes of or recycles a particular category of universal waste, except those management activities described in ss. NR 673.13 (1) and (3) and 673.33 (1) and (3). A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.

NR 673.09(3) (3) “FIFRA” means the federal insecticide, fungicide and rodenticide act (7 USC 136 to 136y).

NR 673.09(4) (4) “Generator” means any person, by site, whose act or process produces hazardous waste identified or listed in ch. NR 661 or whose act first causes a hazardous waste to become subject to regulation.

NR 673.09(5) (5) “Lamp”, also referred to as “universal waste lamp”, means the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium and metal halide lamps.

NR 673.09(6) (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, 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.

NR 673.09(6m) (6m) “Mercury-containing equipment” means a device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function.

NR 673.09(7) (7) “On-site” means the same or geographically contiguous property which may be divided by public or private right-of-way, provided that the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along the right of way. Non-contiguous properties owned by the same person but connected by a right-of-way which that person controls and to which the public does not have access, are also considered on-site property.

NR 673.09(8) (8) “Pesticide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest, or intended for use as a plant regulator, defoliant or desiccant, other than any article that is one of the following:

NR 673.09(8)(a) (a) A new animal drug under 21 USC 321(v).

NR 673.09(8)(b) (b) An animal drug that has been determined by regulation of the secretary of the U.S. department of health and human services not to be a new animal drug.

NR 673.09(8)(c) (c) An animal feed under 21 USC 321(w) that bears or contains any substances described by par. (a) or (b).

NR 673.09 Note Note: Title 21 USC 301 to 397 is also known as the federal food, drug and cosmetic act (FFDCA).

NR 673.09(9) (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, calculated collectively) at any time.

NR 673.09(10) (10) “Thermostat” means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of s. NR 673.13 (3) (b) or 673.33 (3) (b).

NR 673.09(11) (11) “Universal waste” means any of the following hazardous wastes that are subject to the universal waste requirements of this chapter:

NR 673.09(11)(a) (a) Batteries as described in s. NR 673.02.

NR 673.09(11)(b) (b) Pesticides as described in s. NR 673.03.

NR 673.09(11)(c) (c) Mercury-containing equipment as described in s. NR 673.04.

NR 673.09(11)(d) (d) Lamps as described in s. NR 673.05.

NR 673.09(12) (12) “Universal waste handler”:

NR 673.09(12)(a) (a) Means any of the following:

NR 673.09(12)(a)1. 1. A generator (as defined in this section) of universal waste.

NR 673.09(12)(a)2. 2. The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste and sends universal waste to another universal waste handler, a destination facility or a foreign destination.

NR 673.09(12)(b) (b) Does not mean any of the following:

NR 673.09(12)(b)1. 1. A person who treats (except under s. NR 673.13 (1) or (3), or 673.33 (1) or (3)), disposes of or recycles universal waste.

NR 673.09(12)(b)2. 2. A person engaged in the off-site transportation of universal waste by air, rail, highway or water, including a universal waste transfer facility.

NR 673.09(13) (13) “Universal waste transfer facility” means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of universal waste are held during the normal course of transportation for 10 days or less.

NR 673.09(14) (14) “Universal waste transporter” means a person engaged in the off-site transportation of universal waste by air, rail, highway or water.

NR 673.09 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: renum. (1) to (1r), cr. (1g), am. (6), cr. (6m), am. (9), (11), (c) Register July 2017 No. 739, eff. 8-1-17.

subch. B of ch. NR 673 Subchapter B — Small Quantity Handlers

NR 673.10 NR 673.10 Applicability. This subchapter applies to small quantity handlers of universal waste (as defined in s. NR 673.09).

NR 673.10 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.11 NR 673.11 Prohibitions. A small quantity handler of universal waste is prohibited from doing any of the following:

NR 673.11(1) (1) Disposing of universal waste.

NR 673.11(2) (2) Diluting or treating universal waste, except by responding to releases as provided in s. NR 673.17, or by managing specific wastes as provided in s. NR 673.13.

NR 673.11 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.12 NR 673.12 Notification. A small quantity handler of universal waste is not required to notify the department of universal waste handling activities.

NR 673.12 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.13 NR 673.13 Waste management.

NR 673.13(1) (1) Universal waste batteries. A small 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 673.13(1)(a) (a) A small 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 673.13(1)(b) (b) A small 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 673.13(1)(b)1. 1. Sorting batteries by type.

NR 673.13(1)(b)2. 2. Mixing battery types in one container.

NR 673.13(1)(b)3. 3. Discharging batteries so as to remove the electric charge.

NR 673.13(1)(b)4. 4. Regenerating used batteries.

NR 673.13(1)(b)5. 5. Disassembling batteries or battery packs into individual batteries or cells.

NR 673.13(1)(b)6. 6. Removing batteries from consumer products.

NR 673.13(1)(b)7. 7. Removing electrolyte from batteries.

NR 673.13(1)(c) (c) A small 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 673.13(1)(c)1. 1. If the electrolyte or other solid waste exhibits a characteristic of hazardous waste, it is subject to 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.