The current ignitability test method required in state rules refers to outdated standards and utilizes instrumentation that is no longer readily commercially available. For example, the standards require the use of mercury thermometers, which are becoming more difficult to acquire and calibrate due to their use and availability being phased out for environmental, health, and safety concerns. The adoption of the Modernizing Ignitable Liquid Determinations final federal rule would expand existing allowable test methods while retaining the current allowable procedures to provide entities increased flexibility.
The exclusion for specific aqueous alcohols from regulation as ignitable hazardous waste has been in place at the federal and state levels to allow some wastes streams, such as latex paints and alcoholic beverages, to fall outside of RCRA regulation. These waste streams have low flash points but are unable to sustain combustion. The proposed rule change defines “aqueous” as “50% water by weight” and narrows the types of alcohol that would qualify as a hazardous waste, thereby potentially reducing the applicability of these requirements to certain entities This rule would have no effect on the applicability of the discharge prohibitions presented in the Clean Water Act (CWA) national pretreatment standards for existing and new sources of pollution.
The EPA updates to the ignitability regulations correct cross references to U.S. Department of Transportation (DOT) regulations and remove obsolete information. Specifically, the proposed rule change would modify the criteria for ignitable compressed gases and oxidizers to adhere more closely to the corresponding definitions in the DOT Hazardous Materials Regulations.
The rule revisions to incorporate both new and revised federal regulations as adopted by EPA will allow the department to maintain 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 an economic impact on small businesses):
The proposed rule would likely affect all regulated classes of hazardous waste generators, testing laboratories, and TSDFs. The department, however, does not anticipate adverse economic impacts from implementing the proposed rule. EPA prepared an economic analysis of the potential costs and benefits associated with the Modernizing Ignitable Liquid Determinations rule, which would be adopted as part of this proposed rule revision. The federal rule provided additional clarity and updated test methods while also retaining current procedures to provide entities increased flexibility. EPA’s economic analysis indicates that the rule will cause “minimal impact,” with little or no change in market prices or production, and projects implementation will result in annualized cost savings. EPA's analysis also shows qualitative benefits to human health and the environment through the reduced use of mercury thermometers. The department does not expect the other parts of the rule to affect any entity because they do not create new requirements or change existing requirements.
9. Anticipated number, month and locations of public hearings:
The department anticipates holding a virtual public hearing in or around May 2024 to provide an opportunity for business/industry, municipalities, environmental groups and the public throughout the state to participate.
Contact Person: Andrea Keller, Bureau of Waste and Materials Management, PO Box 7921, Madison, WI 53707-7921; (608) 400-9076; andrea.keller@wisconsin.gov
For Preston D. Cole, Secretary
Date Submitted
