C. Waste Management System: Testing and Monitoring Activities; Final Rule: Methods Innovation Rule and SW 846 Final Update IIIB; Final Rule, June 14. 2005
Summary: Testing and monitoring requirements are more flexible to allow for use of analytical methods outside of the approved federal methods in SW 846 for both hazardous and non-hazardous wastes for land disposal and for air emissions at hazardous waste combustors. This allows for a more performance based approach to compliance, making it easier and more cost effective without compromising human health and environmental protection. (Relaxation)
D. Hazardous Waste Management System; Modification of Hazardous Waste Program; Mercury Containing Equipment; Final Rule , August 5, 2005
Summary: Mercury containing equipment (for instance, thermostats, blood pressure cuffs and mercury switches) have been added to the list of universal waste under the federal hazardous waste regulations. This will allow for less stringent requirements for storage, transportation and collection of these items resulting in better handling and compliance. (Relaxation)
E. Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Recycling Used Oil Management Standards, July 30, 2003
Summary: The federal regulations clearly state that used oil contaminated with <50 ppm polychlorinated biphenyl (PCBs) is considered used oil unless it has been diluted and the source is >50 ppm. If the used oil is contaminated with PCBs to over 50 ppm, it is regulated at the federal level only. In addition, businesses that generate very small amounts of hazardous wastes can mix it with their used oil and manage the mixture as used oil for recycling purposes. Initial marketers of used oil fuel (on-specification) shall keep records of the facilities where they deliver their fuel.
F. Hazardous Waste Management System; Standardized Permit for RCRA Hazardous Waste Management Facilities; Final Rule, September 8, 2005
Summary: The rule allows for a standardized permit for treatment, storage and disposal facilities that generate, store and non-thermally treat hazardous waste on-site in tanks, containers and containment buildings. This rule will also allow these facilities to accept wastes for treatment from other locations under the same ownership. The standardized permit will streamline the process by allowing facilities to obtain and modify permits more easily. (Relaxation)
G. Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures (“Headworks Exemptions”), October 4, 2005
Summary: This rule determines which methods of managing hazardous waste mixtures produce discharges that can safely be handled under nonhazardous waste standards.
This rule added two solvents to a larger list of solvents that when mixed with wastewaters are now exempt from the definition of hazardous wastes. These exemptions are provided because the wastewater treatment system can easily and effectively treat the miniscule amounts of the solvents posing negligible risk to the environment. Generators now have the option to directly measure solvent chemicals at the headworks of the wastewater treatment system to determine if wastewater is an exempt mixture. Facilities that claim the de minimis exemption shall identify the listed wastes in their wastewater discharge permit application or eliminate their wastewater discharge.
Combustion units scrubber waters from the burning of the exempt solvents are also exempt from regulation as hazardous wastes. Eligibility for the de minimis exemption is extended to other listed hazardous wastes (beyond discarded commercial chemical products) and to non-manufacturing facilities. (Relaxation)
H. National Emissions Standards for Hazardous Air Pollutants: Final Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Phase I Final replacement standards and Phase II); Final Rule
Summary: Hazardous waste combustors are a major source of hazardous air pollutants that can cause adverse health effects. This rule sets standards for hazardous waste combustor air emissions by using emission control devices.
I. Resource Conservation and Recovery Act Burden Reduction Initiative; Final Rule, April 4, 2006
Summary: Reduced the paperwork burden for federal and state hazardous waste programs and regulated community by streamlining the information collected to implement the hazardous waste program. (Relaxation)
J. Hazardous Waste and Used Oil; Corrections to Errors in the Code of Federal Regulations, July 14, 2006
Summary: This rule corrects errors in the hazardous waste and used oil regulations, as a result of printing omissions, typographical errors, misspellings, citations to paragraphs and other references that have been deleted or moved to new locations without correcting the citations, and similar mistakes appearing in numerous final rules. This final rule does not create new regulatory requirements.
K. Hazardous Waste Management System; Modification of the Hazardous Waste Program; Cathode Ray Tubes, July 28, 2006
Summary: A cathode ray tube (CRT) is the glass video display component of an electronic device (usually a computer or television monitor). This rule amends hazardous waste regulations to streamline management requirements for recycling of used CRTs and glass removed from CRTs, if certain conditions are met. This rule is intended to encourage recycling and reuse of used CRTs and CRT glass. (Relaxation)
L. Academic Laboratories Generator Standards; Final Rule, December 1, 2008. Checklist 220; Technical Corrections to the Standards Applicable to Generators of Hazardous Waste; Alternative Requirements for Hazardous Waste Determination and Accumulation of Unwanted Material at Laboratories Owned by Colleges and Universities and Other Eligible Academic Entities Formally Affiliated with Colleges and Universities, December 20, 2010.
Summary: This rule makes six technical corrections to an alternative set of hazardous waste generator requirements applicable to laboratories owned by eligible academic entities. These changes correct errors published in the Final rule, including omissions and redundancies, and removal of an obsolete reference. These technical corrections will improve the clarity of the Academic Laboratories rule. (Relaxation)
M. Conditional Exclusions from Solid Waste and Hazardous Waste for Solvent-Contaminated Wipes, July 1, 2013 (effective date January 31, 2014)
Summary: This rule modifies federal hazardous waste regulations to exclude solvent-contaminated wipes that are cleaned and reused and revises the definition of hazardous waste to conditionally exclude solvent-contaminated wipes that are disposed. The goal is to provide a consistent regulatory framework that is appropriate to the low level of risk posed by solvent-contaminated wipes and to reduce overall compliance costs for industry, many of which are small businesses. (Relaxation)
6. Summary of and preliminary comparison with any existing or proposed federal regulation: The rule revisions incorporate new regulations adopted by EPA between 2002 and 2006 (except L and M which were adopted 2010 and 2014, respectively), and correct errors in the current rules. The new rules will include minor revisions to the Land Disposal Restrictions; technical revisions to the Hazardous Air Pollutant rules for combustors; an amendment to the used oil recycling rule; add a new waste to the hazardous waste listings; add a new material to the universal waste rule; revise a laboratory analytical test method; and add a conditional exclusion for cathode ray tubes that are recycled. To the extent possible, the Department intends to adopt the content and format of the federal regulations, to be equivalent.
7. Comparison of similar rules in adjacent states (Minnesota, Iowa, Illinois and Michigan): Minnesota, Illinois, and Michigan have state hazardous waste programs. In that capacity, they are working to promulgate these rules and include these regulations as part of their EPA authorized program. The status of this process in each state is found below. Iowa does not have RCRA hazardous waste authorization from EPA. Instead, EPA’s Region 7 office administers and enforces the RCRA hazardous waste management requirements in Iowa.
Summary of neighboring states | Iowa* | Illinois | Michigan | Minnesota |
Rule Change - Date | Adopted | Authorized | Adopted | Authorized | Adopted | Authorized | Adopted | Authorized |
A. National Emissions Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light Duty Trucks, April 26, 2004 | N/A | N/A | Y | N | Y | Y (1/07/08) | N | N |
B. Identification and Listing of Hazardous Waste; Dyes or Pigments Production Wastes; Land Disposal Restrictions for Newly Identified Wastes; CERCLA Hazardous Substance Designation and Reportable Quantities; Designation of Five Chemicals as Appendix VIII Constituents; Addition of Four Chemicals to the Treatment Standards of F039 and the Universal Treatment Standards, February 24, 2005, and corrections to rule, June 16, 2005 | N/A | N/A | Y | N | Y | Y (3/02/10) | N | N |
C: Hazardous Waste Management System; Testing and Monitoring Activities; Methods Innovation Rule and SW–846 Final Update IIIB, June 14, 2005 | N/A | N/A | Y | N | Y | Y (3/02/10) | N | N |
D. Hazardous Waste Management System; Modification of the Hazardous Waste Program; Mercury Containing Equipment, August 5, 2005 | N/A | N/A | Y | N | Y | Y (3/02/10) | N | N |
E. Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Recycling Used Oil Management Standards, July 30, 2003 | N/A | N/A | N | N | Y | Y (3/02/10) | N | N |
F. Hazardous Waste Management System; Standardized Permit for RCRA Hazardous Waste Management Facilities, September 8, 2005 | N/A | N/A | N | N | N | N | N | N |
G. Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures (‘‘Headworks Exemptions’’), October 4, 2005 | N/A | N/A | Y | N | Y | Y (3/02/10) | N | N |
H. National Emission Standards for Hazardous Air Pollutants: Final Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II), October 12, 2005 | N/A | N/A | Y | N | Y | Y (3/02/10) | N | N |
I. Resource Conservation and Recovery Act Burden Reduction Initiative, April 4, 2006 | N/A | N/A | Y | N | Y | Y (3/02/10) | N | N |
J. Hazardous Waste and Used Oil; Corrections to Errors in the Code of Federal Regulations, July 14, 2006 | N/A | N/A | Y | N | Y | Y (3/02/10) | N | N |
K. Hazardous Waste Management System; Modification of the Hazardous Waste Program; Cathode Ray Tubes, July 28, 2006 | N/A | N/A | Y | N | Y | Y (3/02/10) | N | N |
L. Academic Laboratories Generator Standards; Final Rule, December 1, 2008. Checklist 220; Technical Corrections to the Standards Applicable to Generators of Hazardous Waste; Alternative Requirements for Hazardous Waste Determination and Accumulation of Unwanted Material at Laboratories Owned by Colleges and Universities and Other Eligible Academic Entities Formally Affiliated With Colleges and Universities, December 20, 2010 | N/A | N/A | Y | N | Y | N | N | N |
M. Conditional Exclusions from Solid Waste and Hazardous Waste for Solvent-Contaminated Wipes, July 1, 2013 (effective date January 31, 2014) | N/A | N/A | N | N | N | N | N | N |
8. Summary of the factual data and analytical methodologies that the agency used in support of the proposed rule and how any related findings support the regulatory approach chosen for the proposed rule: The proposed rules are required by statute to maintain consistency with federal rules and ensure program authorization through the Resource Conservation and Recovery Act (RCRA).
9. Any analysis and supporting documentation that the agency used in support of the agency’s determination of the rule’s effect on small businesses under s. 227.114, Stats., or that was used when the agency prepared an economic impact report: The determination that these rules will have no impact on small businesses was reached through analysis of the report created by EPA during the promulgation process at the federal level. Each revision contains an economic impact assessment, fiscal estimate, and language discussing which sectors, businesses, and entities will be affected by the change. Without exception, there was no indication that small businesses will in any way be affected by these rules. 10. Anticipated costs incurred by private sector: It has been determined that promulgation of these rules will result in minimal additional costs to the private sector. Federal rules require an economic impact analysis for promulgation, and without exception all of these changes were deemed by federal analysis to cause "minimal impact, with little or no change in market prices or production." Additionally, several of the rule changes are actually relaxations (A, C, D, F, G, I, K, L, M as described in section 5) - and as such will actually result in either direct (decreased regulatory costs) or indirect (administrative time savings) cost savings for businesses and entities in affected business sectors.
Additionally, the majority of these changes (and all that are not relaxations) were promulgated under the authority of RCRA as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA). Regulations promulgated under HSWA are immediately effective in all states, regardless of state authorization status. So, entities and businesses in affected sectors have already implemented many of the changes and will thus be unaffected by these rules.
11. Effect on small business, including how the rule will be enforced: The effect of these proposed rules will be minimal and may be advantageous to small business, as they are by in large administrative in nature and nine of the changes are relaxations of existing rules. Additionally, they don’t directly affect procedures or alter fee schedules in such a way that there would be any negative effect on the small business community of Wisconsin.
12. Agency contact person (including e-mail and telephone number):
Ed Lynch, Section Chief
Hazardous Waste Prevention and Management
(608)267-0545
_____________________________________________________________________________
SECTION 1. NR 660.10 (9m), (19d), (19g) and (19j) are created to read:
NR 660.10 (9m) “Cathode ray tube” or “CRT” means a vacuum tube, composed primarily of glass, which is the visual or video display component of an electronic device. A used, intact CRT means a CRT whose vacuum has not been released. A used, broken CRT means glass removed from its housing or casing whose vacuum has been released.
(19d) “CRT collector” means a person who receives used, intact CRTs for recycling, repair, resale or donation.
(19g) “CRT glass manufacturer” means an operation or part of an operation that uses a furnace to manufacture CRT glass.
(19j) “CRT processing” means conducting all of the following activities:
(a) Receiving broken or intact CRTs.
(b) Intentionally breaking intact CRTs or further breaking or separating broken CRTs.
(c) Sorting or otherwise managing glass removed from CRT monitors.
