Statement of Scope
Department of Natural Resources
Chapters NR 660 to NR 679, Wisconsin Administrative Code WA-06-17
The federal hazardous waste regulations promulgated since the previous authorization of the Wisconsin hazardous waste program.
1. Finding/nature of emergency (Emergency Rule only):
The rules will be proposed as permanent rules.
2. Detailed description of the objective of the proposed rule:
The Wisconsin DNR is authorized by the US Environmental Protection Agency (EPA) to manage a state program recognized as equivalent to the federal Resource Conservation and Recovery Act (RCRA). In Wisconsin, this is the Hazardous Waste Management Program within the Waste and Materials Management Program. To maintain program authorization, WDNR must have analogous regulations to the federal hazardous waste regulations found in 40 CFR 260-279. Wisconsin has promulgated these equivalent regulations in chs. NR 660-679, Wisconsin Administrative Code (W.A.C.). The purpose of this scope statement is to request authority to amend chs. NR 660-679, W.A.C. due to changes made to the analogous federal regulations. In addition, as part of this rule effort, the department will evaluate whether the federal rules can be incorporated by reference into W.A.C. The federal rules that the WDNR requests authority to evaluate for revision, adoption, or incorporation by reference into the W.A.C. include:
• Definition of Solid Waste Rule (DSW);
• Generator Improvements Rule;
• Federal rules related to the management of pharmaceutical wastes;
• Hazardous Waste Manifest Rule and associated amendments;
• Revisions to the Export Provisions of the Cathode Ray Tube (CRT) Rule; and
• Federal hazardous waste technical corrections and clarifications including evaluation of the final rule for conditional exclusions from solid waste and hazardous waste for solvent-contaminated wipes and certain Coal Combustion Residuals (CCR).
The department is required to promulgate rules at least equivalent to the US EPA’s RCRA regulations to continue to maintain authorization to administer the federal hazardous waste program in Wisconsin. The department intends to adopt equivalent content and format of the promulgated federal regulations.
The three more significant of these are rules include the DSW rule, the generator improvements rule, and the proposed regulations for hazardous waste pharmaceuticals. The adoption of the federal DSW final rule would address the revised definition of legitimate recycling and associated regulatory gaps, and would include a targeted manufacturing exclusion for certain spent solvents in order to increase economic and environmental benefits, including energy conservation.
The adoption of the federal hazardous waste Generator Improvements Rule would address smaller and/or non-manufacturing facility issues such as: strengthening requirements on waste determinations and recordkeeping, requiring re-notification of generator status, creating allowances for episodic generators, revising regulations on labeling and marking to improve communication and decrease risks to human health, and clarifying preparedness and emergency planning requirements.
The department plans to adopt the final promulgated version of the proposed federal management standards for hazardous waste pharmaceuticals. This federal rule involves sector-specific regulations relating primarily to adopting safe and practical standards for the management of hazardous waste pharmaceuticals while protecting surface and drinking water by reducing the amount of pharmaceuticals entering waterways. Sector-specific industries potentially affected by these federal regulations would be healthcare facilities, pharmacies and reverse distributors.
Additional potential federal regulations requiring evaluation and possible adoption by the department relate to existing promulgated federal regulations. They include amendments on oil-bearing secondary materials, hazardous waste combustors, wastewater treatment sludges, comparable fuel exclusions, technical corrections and clarifications, treatment standard revisions, electronic manifest rules, and exclusions for certain coal combustion residuals. Mandatory federal rule revisions will be adopted and the remaining revisions will be evaluated. Additional rule changes may be pursued which are reasonably related to those discussed within this scope statement. Other federal RCRA regulations may be considered for adoption as well to maintain authorization to administer the federal hazardous waste program in Wisconsin.
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
The proposed rule revisions will:
• Maintain our existing policy of protecting public health and welfare by providing for proper management of hazardous waste and used oil constituents;
• Update current state rules, driven by federal regulatory requirements, in order to allow the state to retain authorization from EPA; and
• Adopt federal requirements already in effect, newly promulgated federal requirements nearing effective dates, and federal requirements nearing promulgation at the time of this scope statement.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 287.03(1)(a), Wis. Stats., directs the Department to promulgate rules to implement the Solid Waste Reduction, Recovery and Recycling program pursuant to Chapter 287, Wis. Stats. Section 289.05 and 289.06, Wis. Stats., directs the Department to promulgate rules establishing solid waste management standards. Pursuant to s.291.05 and 291.07, Wis. Stats., the department is to promulgate rules for the implementation of the resource conservation and recovery act and the methods of treatment or disposal of particular hazardous wastes. Additional statutes which may be affected by the proposed rule revisions include Sections 227.11 (2) (a), 227.14 (1m), 289.21, 289.24, 289.30, 289.31, 289.33, 289.41, 289.43, 289.61, 289.63, 291.25, 299.05, and 299.53, Stats. The proposed rules and revisions would replace and update current state rules that comprehensively regulate the generation, transportation, recycling, treatment, storage and disposal of hazardous waste and used oil. As authorized by s. 227.14 (1m), Stats., the format of the proposed rules is similar to the federal regulations published in the code of federal regulations by the EPA under RCRA. When the Wisconsin legislature passed the Hazardous Waste Management Act in 1977, it set out a declaration of policy in what is now s. 291.001, Stats., regarding hazardous waste management. It found that hazardous wastes, when mismanaged, pose a substantial danger to the environment and public health and safety. To provide for proper management of hazardous waste within the state, the legislature called upon the department to develop and administer a regulatory program that met nine specific objectives. Section 291.001, Stats., calls for a department program that:
(1) Relies upon private industry or local units of government to provide hazardous waste management services;
(2) Requires the transportation, storage, treatment and disposal of hazardous wastes to be performed only by licensed operators;
(3) Requires generators of hazardous waste to use operators licensed to transport, treat, store or dispose of hazardous wastes;