Small Business Advisor - December 2023

Small Biz News

Small Business Advisor - December 2023

Hazardous Waste Rule Update

The Wisconsin Department of Natural Resources (DNR) is proposing updates to several areas of the current state hazardous waste regulations found in chs. NR 600-679, Wis. Adm. Code. These modifications are intended to improve certain aspects of the rules pertaining to the management of hazardous wastes while continuing to protect public health and the environment.

The goals of the updates are to:

  • Capture several recent federal hazardous waste rule revisions,
  • Modify and clarify existing state hazardous waste regulations, and
  • Incorporate technical corrections to existing regulations.

Access Hazardous Waste Rulemaking Information

The DNR's new webpage on hazardous waste rules and statutes includes a list of current administrative code and statutes, proposed rules, the rule process, instructions for submitting comments and links to additional information.

What The Rule Changes Entail

Modernizing Ignitable Liquid Determinations

The proposed rules would allow the DNR to capture recently modified federal hazardous waste regulations.

The revisions include:

  • Allowing for additional, modernized flash point test methods relating to ignitable hazardous waste determinations.
  • Clarifying the definition of "aqueous solution."
  • Correcting cross references to U.S. Department of Transportation regulations.
  • Removing obsolete information in the current ignitability regulations.

The revisions would likely have some positive economic impact on certified labs, environmental consulting services, hazardous waste treatment, storage and disposal facilities and all regulated classes of hazardous waste generators that conduct testing activities to determine the ignitability characteristics of certain wastes. The reduced use of mercury thermometers will also benefit human health and the environment.

Expanding Universal Waste Regulations

Universal wastes are specific hazardous wastes that are generated in high volumes by both industry and households. These waste streams can be managed under streamlined regulations that can both improve recycling and ensure proper waste handling.

Currently, there are four universal waste streams in Wisconsin:

  • Used lamps (light bulbs)
  • Used batteries
  • Used mercury-containing equipment
  • Recalled or expired pesticides

The proposed rulemaking would evaluate the potential addition of aerosol cans as a new universal waste in Wisconsin. The addition of aerosol cans as a universal waste would streamline regulations and potentially increase recycling options for these materials. In addition, the rule would clarify existing requirements pertaining to universal waste destination facilities and the management of used lamps.

Technical Corrections And Clarifications

The DNR is proposing a rule to correct and clarify state regulations, which may include errors identified by the U.S. Environmental Protection Agency, along with additional spelling errors, citation errors and missing federal code language. These corrections would eliminate inconsistencies between the state and federal hazardous waste regulations.


Hazardous Waste Guidance Document Update

The DNR is updating and adding new hazardous waste guidance documents to the DNR's website. The guidance documents include changes in regulation, clarification of subject matter and template attachments to comply with recordkeeping requirements.

Guidance documents pertaining to the management of used antifreeze are currently being updated. Used antifreeze is considered a used oil in Wisconsin and should no longer be managed as a universal waste.

  • Containers must be labeled “used oil” but the word “antifreeze” can be added to differentiate used antifreeze from other used oils.
  • To facilitate recycling, do not mix used antifreeze with other used oils.

Guidance documents can be accessed on the DNR's Hazardous Waste Resources webpage under the "Guidance" tab.


Federal Funding Navigator Tool Now Available

The new Build for the Future Funding Navigator, hosted the U.S. Department of Housing and Urban Development's HUD Exchange, shares funding opportunities made available under the Inflation Reduction Act (IRA), Bipartisan Infrastructure Law (BIL) and other federal programs. 

Project types related to the environment include:

  • Brownfields and waste management
  • Climate resiliency
  • Energy efficiency and renewables
  • Environmental justice
  • Lead and healthy homes

The navigator includes funding for many audiences (including local governments, tribes, homeowners, etc.) and topics.


Input Opportunities

Public Hearing on Two Remediation and Redevelopment Rule Statements of Scope on Dec. 21

The DNR Remediation and Redevelopment (RR) Program will hold a preliminary public hearing on two statements of scope.  The statements of scope are subject to the approval of the Natural Resources Board. If approved, the statements of scope would allow the DNR to begin drafting administrative rule revisions affecting chapters NR 700-799, Wis. Adm. Code.

  • Scope Statement for Board Order RR-14-23 (Continuing Obligations) - Proposes developing administrative rules that affect chapters NR 700, 708, 714, 722, 724, 725, 726, 727 and 749 related to definitions, notifications, fees, agreements, reports, and procedures for interim action and remedial action continuing obligations for environmental contamination.
  • Scope Statement for Board Order RR-15-23 (Soil Standards) - Proposes developing administrative rules that affect chapters NR 700, 720 and 722 related to definitions, land use classifications, procedures for identifying environmental standards for soil, and soil cleanup standards used to investigate and remediate environmental contamination.

The statements of scope may be viewed on the DNR’s Administrative Rules webpage under the “RR – Remediation and Redevelopment” row.

HEARING DETAILS

What: RR Program Preliminary Public Hearing on two Statements of Scope
When: Dec. 21, 2023, at 1 p.m.
Where: Online
How: To register and attend via Zoom, please view the Notice of Preliminary Hearing on Statement of Scope on the DNR’s Administrative Rules webpage for instructions.

The public has the opportunity to testify at the hearing. Comments on the proposed scope statements must be received on or before Dec. 21, 2023. Email written comments to DNRAdministrativeRulesComments@wisconsin.gov.

 

New Water Quality Guidance Document Available For Public Review

A new Water Quality document, "TMDL Implementation Guidance for Wastewater Permits," is currently available for public review on the DNR website. Public input will be accepted via email through the end of the day on Monday, Jan. 15, 2024.

To review and provide comments on this document:

DNR staff will review comments that are submitted and make revisions, as needed, to improve the quality of the document.