The EPA directs states to comply with federal RCRA hazardous waste regulations, and Wisconsin state statutes direct the department to adopt and administer rules that are at least equivalent to the EPA’s RCRA regulations. The scope statement intends to capture federal revisions, technical corrections, and newly promulgated hazardous waste regulations to allow for the department to retain EPA authorization to administer the federal hazardous waste program in Wisconsin.
The adoption of the federal DSW final rule would modify existing state hazardous waste rules to include a revised definition of legitimate recycling, associated regulatory gaps and 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 will evaluate for adoption the final promulgated version of the proposed federal management standards for hazardous waste pharmaceuticals if finalized. This federal rule involves sector-specific regulations relating primarily to adopting safe and practical standards for the management of hazardous waste pharmaceuticals by healthcare facilities, pharmacies, and reverse distributors.
The adoption of the federal Hazardous Waste Manifest final rule will authorize the use of electronic manifests (or e-manifests) as a means to track off-site shipments of hazardous waste from a generator’s site to the site of the receipt and disposition of the hazardous waste. The e-manifest system will be established and managed at the federal level; however, the associated state regulations must reflect the new federal standards.
The adoption of the export provisions of the federal CRT rule will allow for improved tracking of international exports of CRTs for reuse and recycling in order to ensure safe management of these hazardous materials.
In addition to the federal rules outlined above, the rule revisions and updates covered by this scope statement will incorporate into state administrative code new federal regulations which address: oil-bearing secondary materials, hazardous waste combustors, the comparable fuels exclusion and gasification exclusion, wastewater treatment sludges, technical corrections and clarifications, treatment standard revisions and exclusions for certain coal combustion residuals.
The rule revisions to incorporate new and revised federal regulations adopted by EPA, and to correct errors in current state and federal rules, will allow for department to obtain federal authorization of the hazardous waste program for these rules and to maintain program primacy. The proposed rule revisions are intended to meet the requirements of RCRA.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
Minimal impact to small businesses is anticipated. Federal rules require an economic impact analysis for promulgation and the DSW, Generator Improvements, and pharmaceutical rules were deemed by federal analysis to cause “minimal impact” with little or no change in market prices or production. These federal rules were intended to provide clarity and in some cases result in a reduction in regulation. The federal DSW rule package allows for more flexible methods of accumulation, storage and transport of hazardous wastes. The Generator Improvements rule contains a relaxation on the categorization of generator types, which will decrease administrative requirements and operational costs. The proposed pharmaceutical rules were developed to clarify regulation, definition, and interpretation of existing state and federal regulations with respect to hazardous waste pharmaceuticals and the pharmaceutical reverse distribution process.
The adoption of these regulations into W.A.C. will likely have some impact on all regulated classes of hazardous waste generators which include manufacturers, commercial and retail establishments, and healthcare facilities.
9. Anticipated number, month and locations of public hearings:
The department anticipates holding three to four public hearings in the month of August, 2018. Potential hearing cities will be: Eau Claire, Green Bay, Milwaukee, and Madison.
The department will hold these hearings in these locations to solicit input from hazardous waste and used oil generators, transporters, management facilities and the public.
Contact Person: Joe Van Rossum, Bureau of Waste and Materials Management, PO Box 7921, Madison, WI 53707-7921; (608) 264-6286; Joseph.VanRossum@wisconsin.gov
