Chapter NR 673

NR 673.16 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.17 NR 673.17 Response to releases.

NR 673.17(1) (1) A small quantity handler of universal waste shall immediately contain all releases of universal wastes and other residues from universal wastes.

NR 673.17(2) (2) A small 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 shall manage it in compliance with ch. NR 662.

NR 673.17 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.18 NR 673.18 Off-site shipments.

NR 673.18(1) (1) A small 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 673.18(2) (2) If a small 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.

NR 673.18(3) (3) If a universal waste being offered for off-site transportation meets the definition of hazardous materials under 49 CFR parts 171 to 180, a small quantity handler of universal waste shall package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable U.S. department of transportation regulations under 49 CFR parts 172 to 180.

NR 673.18(4) (4) Prior to sending a shipment of universal waste to another universal waste handler, the originating handler shall ensure that the receiving handler agrees to receive the shipment.

NR 673.18(5) (5) If a small quantity handler of universal waste sends a shipment of universal waste to another handler or to a destination facility and the shipment is rejected by the receiving handler or destination facility, the originating handler shall do one of the following:

NR 673.18(5)(a) (a) Receive the waste back when notified that the shipment has been rejected.

NR 673.18(5)(b) (b) Agree with the receiving handler on a destination facility to which the shipment will be sent.

NR 673.18(6) (6) A small quantity handler of universal waste may reject a shipment containing universal waste, or a portion of a shipment containing universal waste, that the handler has received from another handler. If a handler rejects a shipment or a portion of a shipment, the handler shall contact the originating handler to notify the originating handler of the rejection and to discuss reshipment of the load. The handler shall do one of the following:

NR 673.18(6)(a) (a) Send the shipment back to the originating handler.

NR 673.18(6)(b) (b) If agreed to by both the originating and receiving handler, send the shipment to a destination facility.

NR 673.18(7) (7) If a small quantity handler of universal waste receives a shipment containing hazardous waste that is not a universal waste, the handler shall immediately notify the department of the illegal shipment, and provide the name, address and phone number of the originating shipper. The department will provide instructions for managing the hazardous waste.

NR 673.18(8) (8) If a small quantity handler of universal waste receives a shipment of non-hazardous, non-universal waste, 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 673.18 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (8) Register July 2017 No. 739, eff. 8-1-17.

NR 673.19 NR 673.19 Tracking shipments. A small quantity handler of universal waste is not required to keep records of shipments of universal waste.

NR 673.19 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.20 NR 673.20 Exports. A small quantity handler of universal waste who sends universal waste to a foreign destination is subject to the requirements of subch. H of ch. NR 662.

NR 673.20 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: renum. (intro.) to NR 673.20, r. (1) to (3) Register August 2020 No. 776, eff. 9-1-20.

subch. C of ch. NR 673 Subchapter C — Large Quantity Handlers

NR 673.30 NR 673.30 Applicability. This subchapter applies to large quantity handlers of universal waste.

NR 673.30 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.31 NR 673.31 Prohibitions. A large quantity handler of universal waste is prohibited from doing any of the following:

NR 673.31(1) (1) Disposing of universal waste.

NR 673.31(2) (2) Diluting or treating universal waste, except by responding to releases as provided in s. NR 673.37, or by managing specific wastes as provided in s. NR 673.33.

NR 673.31 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.32 NR 673.32 Notification.

NR 673.32(1) (1) 

NR 673.32(1)(a) (a) Except as provided in pars. (b) and (c), a large quantity handler of universal waste shall have sent written notification of universal waste management to the department, and received an EPA identification number, before meeting or exceeding the 5,000 kilogram (11,025 pounds) storage limit.

NR 673.32(1)(b) (b) A large quantity handler of universal waste who has already notified the department of its hazardous waste management activities and has received an EPA identification number is not required to renotify under this section.

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”.