_Hlk138769539Section 26 NR 673.33 (3) (b) 3. and 4. are amended to read: NR 673.33 (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 s. NR 662.016 or 662.017 under 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 662.017 under chs. NR 660 to 670. NR 673.33 (5) Aerosol cans. A large quantity handler of universal waste shall manage universal waste aerosol cans in a way that prevents releases of any universal waste or component of a universal waste to the environment, 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 large 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 large 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.
_Hlk1461036172. Establish and follow a written procedure detailing how to safely puncture and drain the universal waste aerosol can. The written procedure shall include proper assembly, operation and maintenance of the unit, segregation of incompatible wastes, and proper waste management practices to prevent fires or releases; maintain a copy of the manufacturer’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. This manner includes locating the equipment 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, the handler may manage the waste in any way that is in compliance with applicable federal, state, or local solid waste regulations.
7. A written procedure shall be in place in the event of a spill or release and a spill clean-up kit shall be provided. All spills or leaks of the contents of the aerosol cans shall be cleaned up promptly.
28Section 28 NR 673.34 (4) (b) is amended to read: NR 673.34 (4) (b) A universal waste mercury-containing thermostat or container containing only universal waste mercury-containing thermostats may be labeled or marked clearly with any of the following phrases: “Universal Waste — Mercury Thermostats,” “ Waste “Waste Mercury Thermostats,” or, “Used Mercury Thermostats.”
_Hlk139971198NR 673.34 (6) Each universal waste aerosol can, or a container in which the aerosol cans are contained, shall be labeled or marked clearly with any of the following phrases: “Universal Waste—Aerosol Cans,” “Waste Aerosol Cans,” or “Used Aerosol Cans.” 30Section 30 NR 673.60 (1) is renumbered (1) (intro.) and amended to read: (1) The owner or operator of a destination facility is subject to all applicable requirements of under chs. NR 664 to 670. For the purposes of this section, the department may consider whether legitimate recycling of the universal waste has begun within 24 hours of its arrival at the destination facility as part of the department’s site-specific determination as to whether storage has occurred prior to recycling. If the owner or operator claims that they are not storing universal waste prior to recycling, documentation is required to justify this claim. The destination facility is subject to all of the following: _Hlk147386791Section 31 NR 673.60 (1) (a), (b), and (c) are created to read: NR 673.60 (1) (a) The owner or operator of a destination facility that is engaged in legitimate recycling under s. NR 660.43, and does not store or dispose of universal waste, shall comply with the applicable requirements under chs. NR 666 and 668. (b) The owner or operator of a destination facility that is engaged in legitimate recycling under s. NR 660.43, and stores or disposes of universal waste, shall comply with the applicable requirements under chs. NR 664 to 670, and the requirement to have a hazardous waste license under s. 291.25, Stats. (c) The owner or operator of a destination facility that is not engaged in legitimate recycling of universal waste shall comply with the applicable requirements under chs. NR 664 to 670, and the requirement to have a hazardous waste license under s. 291.25, Stats. NR 673.60 (2) The owner or operator of a destination facility that recycles a particular universal waste without storing that universal waste before it is recycled is engaged in legitimate recycling under s. NR 660.43 and does not store or dispose of universal waste shall comply with the requirements under s. NR 661.0006 (3) (b). 33Section 33 NR 673.60 (3) is created to read: NR 673.60 (3) Residues generated from the treatment of universal waste are subject to the hazardous waste determination requirements under s. NR 662.011. If these residues are a hazardous waste, then these residues are subject to the requirements under ch. NR 662 and any other applicable regulations. 34Section 34 Effective Date. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. 35Section 35 Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on September 25, 2024. Dated at Madison, Wisconsin _____________________________.
STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES
BY ______________________________________
For Karen Hyun, Ph.D., Secretary
