SS 061-22

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Update current state rules, driven by federal regulatory requirements relating to aerosol cans as a universal waste.

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Update current state rules based on existing and proposed management standards to allow for recycling collection and management of universal wastes.

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Ensure clarity and consistency in waste requirements for universal waste receiving and recycling facilities.

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 ch. 287, Wis. Stats.

Sections 289.05 and 289.06, Wis. Stats., direct the department to promulgate rules establishing solid waste management standards. Pursuant to ss. 291.05 and 291.07, Wis. Stats., the department is required 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 relate to or be affected by the proposed rule revisions include ss. 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, Wis. 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 and universal wastes. As authorized by s. 227.14(1m), Wis. Stats., the format of the proposed rules is similar to the federal regulations published in the code of federal regulations by the EPA under the federal Resource Conservation and Recovery Act.

5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:

The department estimates that approximately 2000 hours of staff time will be required to complete the proposed rule.

6. List with description of all entities that may be affected by the proposed rule:

The proposed rules will likely have some impact on all regulated classes of hazardous waste generators including retail and commercial businesses, very small quantity generators, small businesses, government organizations, as well as large industrial facilities and will specifically impact manufacturing processes that use aerosols containing solvents and hazardous waste recyclers.

7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:

The proposed rule would allow the department to capture federal revisions pertaining to universal waste regulations within state administrative rules, improve consistency for stakeholders operating at a national level, and will improve clarity and consistency in waste requirements for universal waste receiving and recycling facilities.

The adoption of the federal universal waste final rule would modify existing state hazardous waste rules to include aerosol cans. The designation of additional Wisconsin-specific universal wastes in state rules would modify management standards to facilitate increased recycling opportunities. These modifications to recycling and management options are intended to provide environmental, public health,and economic, including potential energy conservation.

8. Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses):

The department anticipates minimal economic impact to small businesses as a result of the proposed rule. Federal rules require an economic impact analysis for promulgation and the universal waste rules were deemed by federal analysis to cause “minimal impact” with little or no change in market prices or production. The addition of aerosol cans as a universal waste is not expected to adversely affect a significant number of small entities, since the rule is expected to result in net cost savings for all entities affected by the rule. This action will either relieve a regulatory burden or impose no net regulatory burden for all directly regulated small entities.

These federal rules were intended to provide clarity, and will result in a reduction in regulation for facilities selecting to manage hazardous waste under the universal waste management options. The federal universal waste rule package, and any additional Wisconsin-specific universal waste management provisions, allow for more flexible methods of accumulation, storage and transport of universal wastes. These changes will promote the collection and recycling of these universal wastes and encourage the development of municipal and commercial programs to reduce the quantity of these wastes going to municipal solid waste landfills or combustors.

The adoption of these regulations into Wisconsin Administrative Code will likely have some impact on all regulated classes of hazardous waste generators which include manufacturers, commercial and retail establishments, and healthcare facilities that generate aerosols.

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; [phone]; [e-mail]

         

For Preston D. Cole, Secretary

         

Date Submitted