Chapter NR 673

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”.

NR 673.34(2) (2) A container (or multiple container package unit), tank or transport vehicle or vessel in which recalled universal waste pesticides as described in s. NR 673.03 (1) (a) are contained shall be labeled or marked clearly with all of the following:

NR 673.34(2)(a) (a) The label that was on or accompanied the product as sold or distributed.

NR 673.34(2)(b) (b) The words “Universal Waste — Pesticides” or “Waste — Pesticides”.

NR 673.34(3) (3) A container, tank or transport vehicle or vessel in which unused pesticide products as described in s. NR 673.03 (1) (b) are contained shall be labeled or marked clearly with all of the following:

NR 673.34(3)(a) (a)

NR 673.34(3)(a)1. 1. The label that was on the product when purchased, if still legible.

NR 673.34(3)(a)2. 2. If using the labels described in subd. 1. is not feasible, the appropriate label as required under the U.S. department of transportation regulation 49 CFR part 172.

NR 673.34(3)(a)3. 3. If using the labels described in subds. 1. and 2. is not feasible, another label prescribed or designated by the pesticide collection program.

NR 673.34(3)(b) (b) The words “Universal Waste — Pesticides” or “Waste—Pesticides”.

NR 673.34(4) (4) 

NR 673.34(4)(a) (a) Universal waste mercury-containing equipment (for instance, each device), or a container in which the equipment is contained, shall be labeled or marked clearly with any of the following phrases: “Universal Waste — Mercury-Containing Equipment,” “Waste Mercury-Containing Equipment,” or “Used Mercury-Containing Equipment.”

NR 673.34(4)(b) (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 Mercury Thermostats” or, “Used Mercury Thermostats.”

NR 673.34(5) (5) Each lamp or a container or package in which the lamps are contained shall be labeled or marked clearly with the phrase “Universal Waste — Lamps”, “Waste Lamps” or “Used Lamps”.

NR 673.34 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: r. and recr. (4) Register July 2017 No. 739, eff. 8-1-17.

NR 673.35 NR 673.35 Accumulation time limits.

NR 673.35(1) (1) A large quantity handler of universal waste may accumulate universal waste for no longer than one year from the date the universal waste is generated, or received from another handler, unless the requirements of sub. (2) are met.

NR 673.35(2) (2) A large quantity handler of universal waste may accumulate universal waste for longer than one year from the date the universal waste is generated, or received from another handler, if this activity is solely for the purpose of accumulation of quantities of universal waste as necessary to facilitate proper recovery, treatment or disposal. However, the handler bears the burden of proving that this activity was solely for the purpose of accumulation of quantities of universal waste as necessary to facilitate proper recovery, treatment or disposal.

NR 673.35(3) (3) A large quantity handler of universal waste shall be able to demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste or is received. The handler may make this demonstration by doing any of the following:

NR 673.35(3)(a) (a) Placing the universal waste in a container and marking or labeling the container with the earliest date that any universal waste in the container became a waste or was received.

NR 673.35(3)(b) (b) Marking or labeling the individual item of universal waste (e.g., each battery or thermostat) with the date it became a waste or was received.

NR 673.35(3)(c) (c) Maintaining an inventory system on-site that identifies the date the universal waste being accumulated became a waste or was received.

NR 673.35(3)(d) (d) Maintaining an inventory system on-site that identifies the earliest date that any universal waste in a group of universal waste items or a group of containers of universal waste became a waste or was received.

NR 673.35(3)(e) (e) Placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received.

NR 673.35(3)(f) (f) Any other method which clearly demonstrates the length of time that the universal waste has been accumulated from the date it becomes a waste or is received.

NR 673.35 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.36 NR 673.36 Employee training. A large quantity handler of universal waste shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relative to their responsibilities during normal facility operations and emergencies.

NR 673.36 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.37 NR 673.37 Response to releases.

NR 673.37(1) (1) A large quantity handler of universal waste shall immediately contain all releases of universal wastes and other residues from universal wastes.

NR 673.37(2) (2) A large 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 is subject to ch. NR 662.

NR 673.37 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.38 NR 673.38 Off-site shipments.

NR 673.38(1) (1) A large 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 673.38(2) (2) If a large 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 673.38(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 large 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 673.38(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 673.38(5) (5) If a large 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 673.38(5)(a) (a) Receive the waste back when notified that the shipment has been rejected.

NR 673.38(5)(b) (b) Agree with the receiving handler on a destination facility to which the shipment will be sent.

NR 673.38(6) (6) A large 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 673.38(6)(a) (a) Send the shipment back to the originating handler.

NR 673.38(6)(b) (b) If agreed to by both the originating and receiving handler, send the shipment to a destination facility.

NR 673.38(7) (7) If a large 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 673.38(8) (8) If a large 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 673.38 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 673.39 NR 673.39 Tracking shipments.

NR 673.39(1) (1) Receipt of shipments. A large quantity handler of universal waste shall keep a record of each shipment of universal waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, movement document or other shipping document. The record for each shipment of universal waste received shall include all of the following information:

NR 673.39(1)(a) (a) The name and address of the originating universal waste handler or foreign shipper from whom the universal waste was sent.

NR 673.39(1)(b) (b) The quantity of each type of universal waste received (e.g., batteries, pesticides, thermostats, lamps).

NR 673.39(1)(c) (c) The date of receipt of the shipment of universal waste.

NR 673.39(2) (2) Shipments off-site. A large quantity handler of universal waste shall keep a record of each shipment of universal waste sent from the handler to other facilities. The record may take the form of a log, invoice, manifest, bill of lading, movement document or other shipping document. The record for each shipment of universal waste sent shall include all of the following information:

NR 673.39(2)(a) (a) The name and address of the universal waste handler, destination facility or foreign destination to whom the universal waste was sent.

NR 673.39(2)(b) (b) The quantity of each type of universal waste sent (e.g., batteries, pesticides, thermostats, lamps).

NR 673.39(2)(c) (c) The date the shipment of universal waste left the facility.

NR 673.39(3) (3) Record retention.

NR 673.39(3)(a) (a) A large quantity handler of universal waste shall retain the records described in sub. (1) for at least 3 years from the date of receipt of a shipment of universal waste.

NR 673.39(3)(b) (b) A large quantity handler of universal waste shall retain the records described in sub. (2) for at least 3 years from the date a shipment of universal waste left the facility.

NR 673.39 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (intro.), (2) (intro.) Register August 2020 No. 776, eff. 9-1-20.

NR 673.40 NR 673.40 Exports. A large 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 673.40 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: renum. (intro.) to NR 673.40 and am., r. (1) to (3) Register August 2020 No. 776, eff. 9-1-20.

subch. D of ch. NR 673 Subchapter D — Transporters

NR 673.50 NR 673.50 Applicability. This subchapter applies to universal waste transporters.

NR 673.50 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.51 NR 673.51 Prohibitions. A universal waste transporter is prohibited from doing any of the following:

NR 673.51(1) (1) Disposing of universal waste.

NR 673.51(2) (2) Diluting or treating universal waste, except by responding to releases as provided in s. NR 673.54.

NR 673.51 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.52 NR 673.52 Waste management.

NR 673.52(1) (1) A universal waste transporter shall comply with all applicable U.S. department of transportation regulations in 49 CFR parts 171 to 180 for transport of any universal waste that meets the definition of hazardous material in 49 CFR 171.8. For purposes of the U.S. department of transportation regulations, a material is considered a hazardous waste if it is subject to the EPA hazardous waste manifest requirements in 40 CFR part 262. Because universal waste does not require a hazardous waste manifest, it is not considered hazardous waste under the U.S. department of transportation regulations.

NR 673.52(2) (2) Some universal waste materials are regulated by the U.S. department of transportation as hazardous materials because they meet the criteria for one or more hazard classes specified in 49 CFR 173.2. As universal waste shipments do not require a manifest under 40 CFR part 262, they may not be described by the U.S. department of transportation proper shipping name “hazardous waste, (l) or (s), n.o.s.”, nor may the hazardous material’s proper shipping name be modified by adding the word “waste”.

NR 673.52 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.53 NR 673.53 Storage time limits.

NR 673.53(1) (1) A universal waste transporter may only store the universal waste at a universal waste transfer facility for 10 days or less.

NR 673.53(2) (2) If a universal waste transporter stores universal waste for more than 10 days, the transporter becomes a universal waste handler and shall comply with the applicable requirements of subch. B or C while storing the universal waste.

NR 673.53 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 673.54 NR 673.54 Response to releases.

NR 673.54(1) (1) A universal waste transporter shall immediately contain all releases of universal wastes and other residues from universal wastes.

NR 673.54(2) (2) A universal waste transporter shall determine whether any material resulting from the release is hazardous waste, and if so, it is subject to all applicable requirements of chs. NR 660 to 670. If the waste is determined to be a hazardous waste, the transporter is subject to ch. NR 662.