_Hlk148432056Clarifications to destination facility requirements will align with language in the Federal Register (84 FR 67202), making it easier for facilities to understand and comply with the requirements. There will be no substantive change to the existing regulations. 10. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report: The determination that these rules will have little or no impact on small businesses was reached through analysis of the reports created by the EPA during the promulgation process at the federal level, and the evaluation of impacted state entities and business sectors. Each federal revision contains an economic impact assessment, fiscal estimate, and language discussing which sectors, businesses, and entities will be affected by the change. This information was published in the Federal Register (84 FR 67202). While small businesses in Wisconsin will be subject to the universal waste requirements, if they elect to manage their eligible hazardous waste under the universal waste regulations this rule is considered a relaxation and clarification, and as such the rule will have little to no adverse economic impacts on such businesses.
Since this rule is a flexibility in the regulations, small businesses will have the option to follow the universal waste requirements instead of the more stringent hazardous waste regulations. As this universal waste stream is typically recycled, the cost of the disposal of hazardous waste will be eliminated or reduced.
11. Effect on Small Business (final regulatory flexibility analysis): Promulgation of these rules will result in little to no costs to small business. Federal rules require an economic impact analysis for promulgation, and without exception these changes were deemed by federal analysis as not expected to “result in an adverse impact to a significant number of small entities since the rule is expected to result in net cost savings for all entities affected by the rule.” Furthermore, the addition of aerosol cans as a universal waste is a relaxation of existing rules and as such will result in either direct (decreased regulatory costs) or indirect (administrative time savings) cost savings for businesses and entities in affected business sectors.
The proposed rule will provide flexibilities to requirements for the management and disposal of waste aerosol cans that are used in a variety of small businesses, including retailers, auto body and repair shops, gas stations, printers, and grocery stores. The proposed revision is intended to provide entities with the option to decrease the level of management, documentation, evaluation, transport, recycling, and disposal costs associated with management of this waste stream.
The effect of these proposed rules will be minimal and may be advantageous to small business, as they are primarily paperwork reductions, clarifications, and relaxations of existing rules. Additionally, the proposed regulations do not alter fee schedules in such a way that there would be any negative effect on the small business community of Wisconsin.
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.
RULE TEXT
NR 660.10 (3o) “Aerosol can” means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.
2Section 2 NR 660.10 (133) (c) is amended to read: NR 660.10 (133) (c) Thermostats and mercury-containing Mercury-containing equipment as described in s. NR 673.04. 3Section 3 NR 660.10 (133) (e) is created to read: 4Section 4 NR 660.10 (134) (b) 1. is amended to read: OLE_LINK1NR 661.0009 Requirements for universal waste, universal waste handlers, and universal waste transporters. Except as specified in ch. NR 673, the wastes listed in this section are exempt from regulation under chs. NR 662 to 667 and 670 and ss. NR 668.07 and 668.50 and, therefore, are not fully regulated as hazardous waste. The if a person chooses to manage the hazardous wastes listed in this section as universal wastes, all of the following are subject to regulation under ch. NR 673 and are exempt from regulation under chs. NR 662 to 667 and 670 and ss. NR 668.07 and 668.50: 6Section 6 NR 661.0009 (5) is created to read: NR 661.0009 (5) Aerosol cans as described in s. NR 673.06. _Hlk138672673Section 7 NR 664.0001 (7) (k) 3. is amended to read: NR 664.0001 (7) (k) 3. Thermostats and mercury-containing Mercury-containing equipment as described in s. NR 673.04. _Hlk138672858Section 8 NR 664.0001 (7) (k) 5. is created to read: NR 664.0001 (7) (k) 5. Aerosol cans as described in s. NR 673.06. _Hlk138673112Section 9 NR 665.0001 (3) (n) 3. is amended to read: NR 665.0001 (3) (n) 3. Thermostats and mercury-containing Mercury-containing equipment as described in s. NR 673.04. _Hlk138673233Section 10 NR 665.0001 (3) (n) 5. is created to read: NR 665.0001 (3) (n) 5. Aerosol cans as described in s. NR 673.06. 11Section 11 NR 668.01 (6) (e) is created to read: NR 668.01 (6) (e) Aerosol cans as described in s. NR 673.06. _Hlk138674218Section 12 NR 670.001 (3) (b) 8. e. is created to read: NR 670.001 (3) (b) 8. e. Aerosol cans as described in s. NR 673.06. 13Section 13 NR 673.01 (1) (c) is amended to read: NR 673.01 (1) (c) Thermostats and mercury-containing Mercury-containing equipment as described in s. NR 673.04. _Hlk138682833Section 14 NR 673.01 (1) (e) and (3) are created to read: NR 673.01(1) (e) Aerosol cans as described in s. NR 673.06. (3) This chapter is not applicable to universal wastes that are abandoned or illegally or improperly disposed.
15Section 15 NR 673.03 (2) (b) is amended to read: _Hlk143505615NR 673.03 (2) (b) Pesticides not meeting the conditions set forth in sub. (1). These pesticides shall be managed in compliance with the hazardous waste rules in chs. NR 660 to 670, except that aerosol cans as defined in s. NR 673.09 that contain pesticides may be managed as aerosol can universal waste under s. NR 673.13 (5) or 673.33 (5). 16Section 16 NR 673.06 is created to read: NR 673.06 Applicability—Aerosol cans. (1) Aerosol cans covered under this chapter. The requirements of this chapter apply to any person managing aerosol cans as described in s. NR 673.09, except those listed under sub. (2). (2) Aerosol cans not covered under this chapter. The requirements of this chapter do not apply to a person managing any of the following types of aerosol cans:
(a) Aerosol cans that are not yet wastes under ch. NR 661. Subsection (3) describes when an aerosol can becomes a waste. (b) Aerosol cans that are not hazardous waste. An aerosol can is a hazardous waste if the aerosol can exhibits one or more of the characteristics identified under subch. C of ch. NR 661 or is listed under subch. D of ch. NR 661. (c) Aerosol cans that meet the standard for empty containers under s. NR 661.0007. (3) Generation of waste aerosol cans.
(a) A used aerosol can becomes a waste on the date it is discarded.
(b) An unused aerosol can becomes a waste on the date the handler decides to discard it.
17Section 17 NR 673.09 (1d) is created to read: NR 673.09 (1d) “Aerosol can” means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.
18Section 18 NR 673.09 (6) and (9) are amended to read: NR 673.09 (6) “Large quantity handler of universal waste” means a universal waste handler (, as defined in this section), who accumulates 5,000 kilograms (11,025 pounds) or more total of universal waste ( batteries, pesticides, mercury-containing equipment, or lamps, or aerosol cans, calculated collectively), at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which 5,000 kilograms (11,025 pounds) or more total of universal waste is accumulated.
(9) “Small quantity handler of universal waste” means a universal waste handler (, as defined in this section), who does not accumulate 5,000 kilograms (11,025 pounds) or more total of universal waste ( batteries, pesticides, mercury-containing equipment, or lamps, or aerosol cans, calculated collectively), at any time.
NR 673.09 (11) (e) Aerosol cans as described in s. NR 673.06. _Hlk138692226Section 20 NR 673.09 (12) (b) 1. is amended to read: _Hlk138692284Section 21 NR 673.13 (3) (b) 3. and 4. are amended to read: NR 673.13 (3) (b) 3. Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks from broken ampules, from the containment device to a container that meets the all applicable requirements of ss. NR 662.015 and 662.016under chs. NR 660 to 670. 4. Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the all applicable requirements of ss. NR 662.015 and 662.016 under chs. NR 660 to 670. NR 673.13 (5) Aerosol cans. A small quantity handler of universal waste shall manage universal waste aerosol cans in a way that prevents releases, according to all of the following:
(a) Universal waste aerosol cans shall be accumulated in a container that is structurally sound, compatible with the contents of the aerosol cans, lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions, and is protected from sources of heat.
(b) Universal waste aerosol cans that show evidence of leakage shall be packaged in a separate closed container or overpacked with absorbents, or immediately punctured and drained in accordance with the requirements under par. (d).
(c) A small quantity handler of universal waste may conduct any of the following activities as long as each individual aerosol can is not breached and remains intact:
1. Sorting aerosol cans by type.
2. Mixing intact cans in one container.
3. Removing actuators to reduce the risk of accidental release.
(d) A small quantity handler of universal waste who punctures and drains aerosol cans shall recycle the empty punctured aerosol cans and meet all of the following requirements while puncturing and draining universal waste aerosol cans:
1. Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions.
_Hlk1521616942. Establish and follow a written procedure detailing how to safely puncture and drain the universal waste aerosol can, including proper assembly, operation and maintenance of the device described in subd. 1., segregation of incompatible wastes, and proper waste management practices to prevent fires or releases; maintain a copy of the device’s specification and instruction on site; and ensure employees operating the device are trained in the proper procedures. 3. Ensure that puncturing of the can is done in a manner designed to prevent fires and to prevent the release of any component of universal waste to the environment including locating the device described in subd. 1. on a solid, flat surface in a well-ventilated area.
4. Immediately transfer the contents from the waste aerosol can or puncturing device, if applicable, to a container or tank that meets the applicable requirements under ss. NR 662.014, 662.015, 662.016, or 662.017. 5. Conduct a hazardous waste determination on the contents of the emptied aerosol can under s. NR 662.011. Any hazardous waste generated as a result of puncturing and draining the aerosol can is subject to all applicable requirements under chs. NR 660 to 670. The handler is considered the generator of the hazardous waste and is subject to ch. NR 662. 6. If the contents are determined to be nonhazardous, manage the waste in any way that is in compliance with applicable federal, state, or local solid waste regulations.
7. Establish or adopt a written procedure to be followed in the event of a spill or leak and provide a spill clean-up kit, and promptly clean up all spills or leaks of the contents of the aerosol cans.
