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.
SECTION 2. NR 660.10 (43) (b) and (70m) are amended to read:
NR 660.10 (43) (b) For the purpose of implementing corrective action under ss. NR 664.0101 or 667.0101, all contiguous property under the control of the owner or operator seeking a license under ch. 291, Stats., and 42 USC 6928 (h). This definition also applies to facilities implementing corrective action under s. 291.37, Stats., and 42 USC 6928(h). (70m) “Large quantity generator” means a generator who does one or more of the following:
(a) Generates more than 1,000 kilograms (2,205 pounds) or more of hazardous waste in a calendar month.
(b) Generates in a calendar month more than 1 kilograms kilogram (2.2 pounds) of acute hazardous waste or more than 100 kilograms (220 pounds) of any residue or contaminated soil, waste or other debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in s. NR 661.31, 661.32 or 661.33 (5). (c) Accumulates at any time more than 1 kilograms kilogram (2.2 pounds) of acute hazardous waste or more than 100 kilograms (220 pounds) of any residue or contaminated soil, waste or other debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in s. NR 661.31, 661.32 or 661.33 (5). SECTION 3. NR 660.10 (77m) is created to read:
NR 660.10 (77m) “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.
SECTION 4. NR 660.10 (83m) is created to read:
NR 660.10 (83m) “No free liquids”, as used in ss. NR 661.04 (1) (z) and NR 661.04 (2) (r), means that solvent-contaminated wipes may not contain free liquids as determined by Method 9095B Paint Filter Liquids Test in ‘‘Test Methods for Evaluating Solid Waste, Physical/Chemical Methods’’, EPA SW–846, incorporated by reference in s. NR 660.11, and that there is no free liquid in the container holding the wipes. No free liquids may also be determined using another standard or test method as defined by the department. SECTION 5. NR 660.10 (107) is amended to read:
NR 660.10 (107) “Small quantity generator” means a generator who does all of the following:
(a) Generates more than 100 kilograms (220 pounds) but less than 1,000 kilograms (2,205 pounds) of non-acute hazardous waste in a calendar month.
(b) Accumulates no more than 6,000 kilograms (13,320 pounds) of non-acute hazardous waste at any time.
SECTION 6. NR 660.10 (108m) is created to read:
NR 660.10 (108m) “Solvent-contaminated wipe” means:
(1) A wipe that, after use or after cleaning up a spill, is any of the following:
(a) Contains one or more of the F001to F005 solvents listed in s. NR 661.31 or the corresponding P- or U-listed solvents listed in s. NR 661.33. (b) Exhibits a hazardous characteristic found in subch. C of ch. NR 661, when that characteristic results from a solvent listed in ch. NR 661. (c) Exhibits only the hazardous waste characteristic of ignitability found in s. NR 661.21 due to the presence of one or more solvents that are not listed in ch. NR 661. (2) Solvent-contaminated wipes that contain listed hazardous waste other than solvents, or exhibit the characteristic of toxicity, corrosivity or reactivity due to contaminants other than solvents, are not eligible for the exclusions at ss. NR 661.04 (1) (z) and NR 661.04 (2) (r). SECTION 7. NR 660.10 (133) (c) and (139) are amended to read:
NR 660.10 (133) (c) Thermostats and mercury-containing equipment as described in s. NR 673.04. (139) “Very small quantity generator” means a generator who generates does all of the following:
(a) Generates in a calendar month no more than 100 kilograms (220 pounds) of non-acute hazardous waste or no more than 1 kilogram (2.2 pounds) of acute hazardous waste listed in ss. NR 661.31 to 661.33 in a calendar month. (b) Generates in a calendar month no more than 1 kilogram (2.2 pounds) of acute hazardous waste and no more than 100 kilograms (220 pounds) of residue or contaminated soil, waste or other debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in s. NR 661.31, 661.32 or 661.33 (5). (c) Accumulates at any time no more than 1 kilogram (2.2 pounds) of acute hazardous waste and no more than 100 kilograms (220 pounds) of residue or contaminated soil, waste or other debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in s. NR 661.31, 661.32 or 661.33 (5). SECTION 8. NR 660.10 (145m) is created to read:
NR 660.10 (145m) “Wipe” means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.
SECTION 9. NR 660.11 is repealed and recreated to read:
NR 660.11 Incorporation by reference. (1) This section is adopted under ss. 227.21 (2)(b) and 291.05, Stats., to incorporate by reference testing, monitoring and other technical standards, established by the federal government and technical societies and organizations, to which reference is made in chs. NR 660 to 670. Some materials that are incorporated by reference in other references are hereby incorporated by reference and made a part of this subsection. Note: Copies of these materials are available for inspection in the offices of the department of natural resources, Madison, Wisconsin, or may be obtained for personal use at the addresses noted.
(2) The following materials are available for purchase from the American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959.
(a) ASTM D–93–79 or D–93–80, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester, incorporated by reference for s. NR 661.21. (b) ASTM D–1946–82, Standard Method for Analysis of Reformed Gas by Gas Chromatography, incorporated by reference for ss. NR 664.1033 and 665.1033. (c) ASTM D 2267–88, Standard Test Method for Aromatics in Light Naphthas and Aviation Gasolines by Gas Chromatography, incorporated by reference for s. NR 664.1063. (d) ASTM D 2382–83, Standard Test Method for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method), incorporated by reference for ss. NR 664.1033 and 665.1033. (e) ASTM D 2879–92, Standard Test Method for Vapor Pressure—Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, incorporated by reference for s. NR 665.1084. (f) ASTM D–3278–78, Standard Test Methods for Flash Point for Liquids by Setaflash Closed Tester, incorporated by reference for s. NR 661.21 (1). (g) ASTM E 168–88, Standard Practices for General Techniques of Infrared Quantitative Analysis, incorporated by reference for s. NR 664.1063. (h) ASTM E 169–87, Standard Practices for General Techniques of Ultraviolet-Visible Quantitative Analysis, incorporated by reference for s. NR 664.1063. (i) ASTM E 260–85, Standard Practice for Packed Column Gas Chromatography, incorporated by reference for s. NR 664.1063. (j) ASTM E 926–88, Standard Test Methods for Preparing Refuse-Derived Fuel (RDF) Samples for Analyses of Metals, Test Method C—Bomb, Acid Digestion Method.
(k) ASTM D140-70, Standard Practice for Sampling Bituminous Materials, incorporated by reference for ch. NR 661, Appendix I. (L) ASTM D346-75, Standard Practice for Collection and Preparation of Coke Samples for Laboratory Analysis, incorporated by reference for ch. NR 661, Appendix I. (m) ASTM D420-69, Guide to Site Characterization for Engineering, Design, and Construction Purposes, incorporated by reference for ch. NR 661, Appendix I. (n) ASTM D1452-65, Standard Practice for Soil Investigation and Sampling by Auger Borings, incorporated by reference for ch. NR 661, Appendix I. (o) ASTM D2234-76, Standard Practice for Collection of a Gross Sample of Coal, incorporated by reference for ch. NR 661, Appendix I. (p) ASTM D2879-86, Standard Test Method for Vapor Pressure—Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, incorporated by reference for chs. NR 664 and 665, subch. BB. (q) ASTM G21-70 (1984a), Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi, incorporated by reference for chs. NR 664 and 665, subch. N. (r) ASTM G22-76 (1984b), Standard Practice for Determining Resistance of Plastics to Bacteria, incorporated by reference for chs. NR 664 and 665, subch. N.
