The department by rule may exempt other uses of PCBs from the provisions of sub. (2)
for specific products when adequate alternatives are not available.
In determining whether adequate alternatives are available under sub. (3) (a)
, the department shall take into account and make specific findings as to the following criteria:
The commercial availability and cost of alternative products;
The safety of alternative products to both human life and property;
The acceptance of alternative products by insurance underwriters;
The extent to which use of such alternative products is otherwise restricted by law;
The degree to which such alternative products satisfy the performance standards required for the particular use; and
Any adverse environmental effects associated with such alternative products.
The department shall adopt rules prescribing the methods and providing or designating sites and facilities for the disposal of PCBs and products containing PCBs. Such rules may require reporting by persons disposing of PCBs and products containing PCBs. Persons disposing of PCBs or products containing PCBs shall comply with such rules unless such products are exempted under sub. (3) (b)
. In this section, disposal does not include the disposal of PCBs in sludge produced by wastewater treatment systems under s. 289.05 (1)
and chs. NR 500
, Wis. adm. code, the discharge of effluents containing PCBs or the manufacture or sale of recycled paper products to which PCBs have not been intentionally added during or after manufacture for any of the uses set forth in sub. (1) (c)
. Nothing in this section shall exempt any person from applicable disposal or discharge limitations required or authorized under other statutes.
The department shall adopt rules setting forth the method and manner of sampling, preparing samples and analyzing PCBs which shall be used by the department in implementing this section.
See also ch. NR 157
, Wis. adm. code.
Sale and delivery of dry cleaning solvent. 299.47(1)(c)
“Owner" means a person who owns, or has possession or control of, a dry cleaning facility, or who receives direct or indirect consideration from the operation of a dry cleaning facility.
A supplier of dry cleaning solvent may not sell or deliver to the owner or operator of a dry cleaning facility any dry cleaning solvent unless the dry cleaning facility is licensed under s. 77.9961 (2)
Any person who violates sub. (2)
may be required to forfeit not more than $500 for each violation.
History: 1999 a. 9
Fire fighting foam containing PFAS. 299.48(1)(a)
“Class B fire fighting foam” means a foam designed for use on a flammable liquid fire, and may include a dual action Class A and B foam.
“PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
“Testing” includes testing of a fire fighting foam to evaluate its effectiveness and testing of a fire fighting foam delivery system or equipment.
“Training” means providing first-hand field experience to a person who may use a fire fighting foam as part of an emergency fire fighting or fire prevention operation.
Except as provided under sub. (3)
, no person may use or otherwise discharge, including for training purposes, a class B fire fighting foam that contains intentionally added PFAS.
The prohibition under sub. (2)
does not apply to any of the following:
The use or discharge of a class B fire fighting foam that contains intentionally added PFAS as part of an emergency fire fighting or fire prevention operation.
The use of class B fire fighting foam that contains intentionally added PFAS for testing purposes, including calibration testing, conformance testing, or fixed system testing, if the testing facility has implemented appropriate containment, treatment, and disposal or storage measures to prevent discharges of the foam to the environment. Appropriate containment, treatment, and disposal or storage measures may not include flushing, draining, or otherwise discharging the foam into a storm or sanitary sewer.
A person who uses or discharges a fire fighting foam under the exemption in sub. (3) (a)
shall notify the department of the use or discharge immediately or as soon as practicable without hindering fire fighting or fire prevention operations. A person who possesses a fire fighting foam that may be used under the exemption in sub. (3) (a)
shall request and retain any safety data sheets relating to the fire fighting foam and shall make them available to the department for examination after providing the notice under this paragraph.
A person who uses a fire fighting foam under the exemption in sub. (3) (b)
shall notify the department immediately of any discharge of the foam to the environment.
Nothing in this section shall be construed as prohibiting the manufacture, sale, or distribution of a class B fire fighting foam that contains intentionally added PFAS.
The department shall promulgate rules to implement and administer this section, including to determine appropriate containment, treatment, and disposal or storage measures for testing facilities under sub. (3) (b)
History: 2019 a. 101
Products containing mercury. 299.49(1)(a)
“Mercury-added product" means a product to which mercury is intentionally added during formulation or manufacture, or a product containing one or more components to which mercury is intentionally added during formulation or manufacture.
“Mercury-added thermostat" means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment. “Mercury-added thermostat" includes thermostats used to sense and control room temperature in residential, commercial, industrial, and other buildings, but does not include a thermostat used to sense and control temperature as part of a manufacturing process or in the generating, transmission, or distributing facilities for electric energy, gas, or water.
“Mercury relay" means a mercury-added product or device that opens or closes electrical contacts to effect the operation of other devices in the same or another electrical circuit. “Mercury relay" includes mercury displacement relays, mercury wetted reed relays, and mercury contact relays.
“Mercury switch" means a mercury-added product or device that opens or closes an electrical circuit or gas valve. “Mercury switch" includes mercury float switches actuated by rising or falling liquid levels, mercury tilt switches actuated by a change in the switch position, mercury pressure switches actuated by a change in pressure, mercury temperature switches actuated by a change in temperature, and mercury flame sensors. “Mercury switch" does not include a mercury-added thermostat.
Restrictions on sale and use of mercury. 299.49(2)(a)
No person may sell or supply a mercury fever thermometer to a consumer or patient, unless the thermometer has been prescribed for the consumer or patient by a practitioner, as defined in s. 450.01 (17)
. A mercury fever thermometer manufacturer shall supply with each thermometer clear instructions on the careful handling of the thermometer to avoid breakage, on proper cleanup if the thermometer breaks, and on proper disposal. For purposes of this subsection, “mercury fever thermometer" means a thermometer that contains mercury for the purpose of measuring body temperature, but does not include a thermometer containing mercury solely within a button cell battery.
No person may sell or distribute a mercury-containing manometer of the type in milking machines on dairy farms. Manufacturers of such mercury-containing manometers shall notify wholesalers and retailers that the sale or distribution of such manometers is prohibited and shall instruct them on the proper disposal of remaining inventory.
No person may sell, or distribute for promotional purposes, a mercury-added thermostat.
No person may sell or distribute any of the following items, if the item contains mercury:
An esophageal dilator, bougie tube, or gastrointestinal tube.
A thermometer other than a thermometer prohibited from sale under par. (a)
does not apply to the sale of a mercury-added product listed in subd. 1. a.
if use of the product is required under federal law or if the only mercury-added component in the product is a button cell battery.
No person may sell or distribute, individually or as a product component, a mercury switch or mercury relay. This subdivision does not apply to a switch or relay that is used to replace a switch or relay that is a component in a larger product in use prior to October 1, 2010, if one of the following applies:
The larger product is used in manufacturing or in the generating, transmission, or distributing facilities for electric energy, gas, or water.
The switch or relay is integrated with, and not physically separate from, other components of the larger product.
does not apply to the sale of a mercury switch or mercury relay if use of the switch or relay is a federal requirement.
No person may sell or distribute any of the following items if the item contains mercury, unless the only mercury-added component in the item is a button cell battery:
An over-the-counter pharmaceutical product for human use.
The prohibitions under this section do not apply to the sale of a mercury-added product for which the department grants an exemption under this subsection.
A manufacturer or user of a product may apply for an exemption from this section by filing a written petition with the department. The department may grant an exemption with or without conditions if it finds that the mercury-added product is reasonable and appropriate for a specific use. The department shall find that a product is reasonable and appropriate for a specific use only if a manufacturer or user establishes all of the following:
A system exists for the proper collection, transportation, and processing of the product at the end of its life.
Use of the product provides a net benefit to the environment, public health, or public safety when compared to available nonmercury alternatives.
Technically feasible nonmercury alternatives are not available at comparable cost.
Prior to approving an exemption, the department may consult with neighboring states to promote consistency in the regulation of mercury-added products. The department may request a person who is granted an exemption to maintain records and provide reasonable reports to the department that characterize mercury use in the products for which the exemption was granted. Exemptions may not exceed 5 years and may be renewed upon written application if the department finds that the mercury-added product continues to meet the criteria specified in par. (b)
and the manufacturer or other persons comply with the conditions of its original approval. The department shall promulgate rules for processing an exemption application that provide for public participation, taking into account the role of the interstate clearinghouse under sub. (4)
The department may participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out the requirements of this section.
History: 2009 a. 44
Products containing synthetic plastic microbeads. 299.50(1)(a)
“Over-the-counter drug" means a substance or product that may be dispensed without a prescription and that contains a label which identifies the product as a drug as required by 21 CFR 201.66
and which includes a drug facts panel or a statement of the active ingredient or ingredients with a list of those ingredients contained in the compound, substance, or preparation.
“Personal care product" means any article, or a component of any article, that is intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering appearance, except that “personal care product" does not include a prescription drug.
“Plastic" means a synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms that retain their defined shapes throughout their life cycle and after their disposal.
“Political subdivision" means a city, village, town, or county.
“Synthetic plastic microbead" means any intentionally added non-biodegradable, solid plastic particle measuring less than 5 millimeters at its largest dimension that is used to exfoliate or cleanse in a product that is intended to be rinsed off.