This rule increases flexibility in the regulations. Small businesses will have the option to follow the Modernizing Ignitable Liquid Determinations requirements instead of the more stringent hazardous waste regulations. Because the rule will allow alternate methods for ignitable determinations, the cost of replacing outdated equipment will be eliminated or reduced. It is anticipated that facilities will not be affected by the change in definition of aqueous waste and cross-referencing with DOT language because these rules do not create new requirements or change existing requirements.
11. Effect on Small Business (final regulatory flexibility analysis): The proposed rule will have little to no impact and will most likely create a cost savings for small businesses. 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. Laboratories performing flash point and ignitability tests will be able to use optional, updated testing methods. While the initial, optional investment in new laboratory equipment would be a potential cost, this would reduce the cost of replacing and repairing equipment over time. There are 16 certified and 2 registered laboratories within the state that are accredited for flashpoint testing, and 10 treatment, storage, and disposal facilities in Wisconsin that may potentially test ignitable waste streams to ensure proper waste determinations, which would be impacted by the rule.
There would be no fiscal impact of cross-referencing hazardous waste regulation language with DOT language. Changing the definition of an aqueous waste will likely reduce the cost of disposing of alcohols as hazardous waste.
12. Agency Contact Person: Cathy Baerwald, Department of Natural Resources, Southeastern Region Headquarters, 1027 W. St. Paul Ave., Milwaukee, WI 53233-2641; Catherine.Baerwald@wisconsin.gov; (414) 333-6805 13. Place where comments are to be submitted and deadline for submission:
A public comment period on the draft rule occurred from April 15, 2024, to May 15, 2024, and a public hearing was held on May 8, 2024.
On July 29, 2024, the Attorney General consented to the incorporation by reference of the following standards in this rule:
• ASTM D8174-18 Standard Test Method for Finite Flash Point Determination of Liquid Wastes by Small Scale Closed Cup Tester, incorporated by reference for s. NR 661.0021 (1). This test method covers the procedure for a flash point test, within the range of –20 to 70 °C, of liquid wastes using a small-scale closed cup tester. This test method is not applicable for liquid waste that forms a surface film. • ASTM D8175-18, Standard Test Method for Finite Flash Point Determination of Liquid Wastes by Pensky-Martens Closed Cup Tester, incorporated by reference for s. NR 661.0021 (1). This test method covers the procedure for a finite flash point test, within the range of 20 to 70 °C, of liquid wastes using a manual or automated Pensky-Martens closed cup tester. This test method contains two procedures and is applicable to liquid waste, liquid phase(s) of multi-phase waste, liquid waste with suspended solids, or liquid waste that tends to form a surface film under test conditions. • ASTM E681-09, Standard Test Method for Concentration Limits of Flammability of Chemicals (Vapors and gases), incorporated by reference for s. NR 661.0021 (1). This test method is used to determine the upper and lower concentration limits of flammability for chemicals having sufficient vapor pressure to form flammable mixtures with air. • ASTM D323-20, Standard Test Method for Vapor Pressure of Petroleum Products, (Reid Method), incorporated by reference for s. NR 661.0021 (1). This test method is used for determining the vapor pressure of petroleum products and crude oils. • Method 0011, August 2018 and Update I, incorporated by reference for ch. NR 666 Appendix IX. Method 0011 is a method for collection of selected ketones and aldehydes from an emission source. • Method 0023A, August 2018 and Update II, incorporated by reference for s. NR 666.104 and ch. NR 666 Appendix IX. Method 0023A is a method for collection of polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofuran from an emission source. • Method 0051, Revision 1, August 2018, incorporated by reference for s. NR 666.107 and ch. NR 666 Appendix IX. Method 0051 is a method for collection of hydrogen chloride and chlorine in stack gas emission samples from hazardous waste incinerators and combustors. • Method 1330A, Extraction Procedure for Oily Wastes, dated July 1992 and in Update I, incorporation by reference approved for Appendix IX to part 40 CFR 261. • Method 9071B, n-Hexane Extractable Material (HEM) for Sludge, Sediment, and Solid Samples, dated April 1998 and in Update IIIA, incorporated by reference for ch. 661 Appendix IX. This method may be used to quantify low concentrations of oil and grease in soil, sediments, sludges, and other solid materials amenable to chemical drying and solvent extraction with n-hexane. Method 9071 employs n-hexane as the extraction solvent with Soxhlet extraction and the results of this method are termed “n-hexane extractable material (HEM).” “HEM” is used synonymously with “oil and grease”. Method 9071 is suitable for extracting relatively non-volatile hydrocarbons, vegetable oils, animal fats, waxes, soaps, greases, biological lipids, and related materials and is not recommended for measuring materials that volatilize at temperatures below 85 degrees Celsius. • Method 1311, July 1992, and Update I, incorporated by reference for ss. NR 661.0024, 664.0552, 668.07, 668.40 and 661 Appendix IX. This method is used for assessing the presence of an ignitable liquid for wastes that do not yield a free liquid phase using Method 9095 (i.e., Paint Filter Liquids Test or PFLT). (See PDF for image)
RULE TEXT
1Section 1 NR 660.11 (1) and (Note) are amended to read: NR 660.11 (1) This section is adopted under ss. 227.21 (2) (b) and 291.05, Stats., to incorporate by reference testing, monitoring, and other technical standards, established by the federal government and technical societies and organizations, to which reference is made inunder chs. NR 660 to 670 679. Some materials Materials that are incorporated by reference in other references are hereby incorporated by reference and made a part of this subsection. Note: Copies of these materials are available for inspection in the offices office of the Department of Natural Resources, Madison, Wisconsin, the Legislative Reference Bureau, or may be obtained for personal use at the addresses noted.
_Hlk143526877Section 2 NR 660.11 (2) to (7) are repealed and recreated to read: NR 660.11 (2) The following materials are available for purchase from the American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959, (877) 909-2786, www.astm.org.: (a) ASTM D93–79, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester, incorporated by reference for s. NR 661.0021. (b) ASTM D93–80, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester, incorporated by reference for s. NR 661.0021. (c) ASTM D1946–82, Standard Method for Analysis of Reformed Gas by Gas Chromatography, incorporated by reference for ss. NR 664.1033 and 665.1033. (d) ASTM D2267–88, Standard Test Method for Aromatics in Light Naphthas and Aviation Gasolines by Gas Chromatography, incorporated by reference for s. NR 664.1063. (e) ASTM D2382–83, Standard Test Method for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method), incorporated by reference for ss. NR 664.1033 and 665.1033. (f) ASTM D2879–92, Standard Test Method for Vapor Pressure—Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, incorporated by reference for s. NR 665.1084. (g) ASTM D3278–78, Standard Test Methods for Flash Point for Liquids by Setaflash Closed Tester, incorporated by reference for s. NR 661.0021 (1). (h) ASTM D8174-18, Standard Test Method for Finite Flash Point Determination of Liquid Wastes by Small Scale Closed Cup Tester, incorporated by reference for s. NR 661.0021 (1). (i) ASTM D8175-18, Standard Test Method for Finite Flash Point Determination of Liquid Wastes by Pensky-Martens Closed Cup Tester, incorporated by reference for s. NR 661.0021 (1). (j) ASTM E168–88, Standard Practices for General Techniques of Infrared Quantitative Analysis, incorporated by reference for s. NR 664.1063. (k) ASTM E169–87, Standard Practices for General Techniques of Ultraviolet-Visible Quantitative Analysis, incorporated by reference for s. NR 664.1063. (L) ASTM E260–85, Standard Practice for Packed Column Gas Chromatography, incorporated by reference for s. NR 664.1063. _Hlk167104422(m) ASTM E681-09, Standard Test Method for Concentration Limits of Flammability of Chemicals (Vapors and gases), incorporated by reference for s. NR 661.0021 (1). _Hlk167105874(n) ASTM D323-20, Standard Test Method for Vapor Pressure of Petroleum Products, (Reid Method), incorporated by reference for s. NR 661.0021 (1). (o) ASTM D140-70, Standard Practice for Sampling Bituminous Materials, incorporated by reference for ch. NR 661 Appendix I. (p) ASTM D346-75, Standard Practice for Collection and Preparation of Coke Samples for Laboratory Analysis, incorporated by reference for ch. NR 661 Appendix I. (q) ASTM D420-69, Guide to Site Characterization for Engineering, Design, and Construction Purposes, incorporated by reference for ch. NR 661 Appendix I. (r) ASTM D1452-65, Standard Practice for Soil Investigation and Sampling by Auger Borings, incorporated by reference for ch. NR 661 Appendix I. (s) ASTM D2234-76, Standard Practice for Collection of a Gross Sample of Coal, incorporated by reference for ch. NR 661 Appendix I. (t) ASTM D2879-86, Standard Test Method for Vapor Pressure—Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, incorporated by reference for ch. NR 664 and subch. BB of ch. NR 665. (u) ASTM G21-70 (1984a), Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi, incorporated by reference for ch. NR 664 and subch. N of ch. NR 665. (v) ASTM G22-76 (1984b), Standard Practice for Determining Resistance of Plastics to Bacteria, incorporated by reference for ch. NR 664 and subch. N of ch. NR 665. (3) The following materials are available for purchase from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161; or for purchase from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 512–1800:
(b) Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised, October 1992, EPA Publication EPA–450/R–92–019, incorporated by reference for ch. NR 666 Appendix IX. (c) The following methods as published in the test methods compendium known as “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW–846, Third Edition:
1. Method 0011, Revision 1, August 2018, incorporated by reference for ch. NR 666 Appendix IX. 7. Method 1010B, December 2018, incorporated by reference for s. NR 661.0021. 8. Method 1020C, December 2018, incorporated by reference for s. NR 661.0021. 9. Method 1110A, November 2004 and Update IIIB, incorporated by reference for s. NR 661.0022. _Hlk14852236211. Method 1330A, Extraction Procedure for Oily Wastes, dated July 1992 and in Update I, incorporated by reference for ch. NR 661 Appendix IX. 12. Method 9010C, dated November 2004 and Update IIIB, incorporated by reference for ss. NR 668.40, 668.44, and 668.48. 13. Method 9012B, November 2004 and Update IIIB, incorporated by reference for ss. NR 668.40, 668.44, and 668.48. 14. Method 9040C, November 2004 and Update IIIB, incorporated by reference for s. NR 661.0022. 16. Method 9071B, n-Hexane Extractable Material (HEM) for Sludge, Sediment, and Solid Samples, dated April 1998 and in Update IIIA, incorporated by reference for ch. NR 661 Appendix IX. Note: A suffix of “A” in the method number indicates revision one (the method has been revised once). A suffix of “B” in the method number indicates revision two (the method has been revised twice). A suffix of “C” in the method number indicates revision three (the method has been revised three times). A suffix of “D” in the method number indicates revision four (the method has been revised four times).
(4) The following materials are available for purchase from the National Fire Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, MA 02269–9101, (800) 344-3555, www.nfpa.org/.: (5) The following materials are available for purchase from the Organization for Economic Co-operation and Development, Environment Directorate, 2 rue André Pascal, F-75775 Paris Cedex 16, France, www.oecd-ilibrary.org/: (a) Guidance Manual for the Control of Transboundary Movements of Recoverable Wastes, copyright 2009, Annex B: OECD Consolidated List of Wastes Subject to the Green Control Procedure and Annex C: OECD Consolidated List of Wastes Subject to the Amber Control Procedure, incorporated by reference for ss. NR 662.082 (1), 662.083 (2), (4), and (7), and 662.084 (2) and (4). (6) The following materials are available for purchase from the American Petroleum Institute, 1220 L Street, Northwest, Washington, DC 20005:
(a) American Petroleum Institute Publication 2517, Third Edition, February 1989, Evaporative Loss from External Floating-Roof Tanks, incorporated by reference for s. NR 665.1084. _Hlk170821092(b) American Petroleum Institute Publication, Guide for Inspection of Refinery Equipment, Chapter XIII, “Atmospheric and Low-Pressure Storage Tanks,” 4th edition, 1981, incorporated by reference for s. NR 661.0191 (2). (7) The following materials are available for purchase from the Steel Tank Institute, 944 Donata Court, Lake Zurich, IL 60047:
(a) Steel Tank Institute, “Standard for Dual Wall Underground Storage Tanks,” 2006, incorporated by reference for s. NR 661.0193 (4). _Hlk144983980NR 661.0021 (1) (a) It is a liquid, other than an aqueous a solution containing less than 24 percent alcohol by volume and at least 50 percent water by weight, and that has a flash point less than 60° C 60 degrees Celsius or 140° F140 degrees Fahrenheit, as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D 93-79 or D 93-80, incorporated by reference in s. NR 660.11, or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D 3278-78 using one of the following ASTM standards: ASTM D93-79, D93-80, D3278-78, D8174-18, or D8175-18 as specified in SW-846 Test Methods 1010B or 1020C, incorporated by reference in under s. NR 660.11. 4Section 4 NR 661.0021 (1) (c) and (d) are repealed and recreated to read: NR 661.0021 (1) (c) It is an ignitable compressed gas. An ignitable compressed gas is a gas with all of the following characteristics:
