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), 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 correct and update current state rules that comprehensively regulate the generation, transportation, recycling, treatment, storage and disposal of hazardous and universal wastes. The format of the proposed rules is similar to the federal regulations published in the code of federal regulations by the EPA under RCRA.
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 1500 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:
Wisconsin’s hazardous waste rules impact regulated classes of generators, transfer, storage and disposal facilities, and universal waste and used oil managers. Correcting errors in those rules could impact those regulated entities.
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:
This rule will correct errors in state regulations. The state technical corrections are not more stringent than federal regulation and consist of missing words and text in the code, typos and spelling misprints, and citation errors. Technical corrections would impact chs. NR 600 to 679, Wis. Adm. Code. The United States Environmental Protection Agency is also in the process of making technical corrections to their analogous hazardous waste rules, which may be reflected in these proposed changes. 8. Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses):
The economic impact is expected to be minimal (less than $50,000). Most of the corrections are minor in nature and should not result in major changes to current practices. The adoption of the technical corrections and clarifications will likely affect all regulated classes of generators, transfer, storage and disposal facilities, and universal waste and used oil managers.
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
