Small Business Advisor - January 2021

Small Biz News

Small Business Advisor - January 2021

DNR reporting deadlines in early 2021

  • NR 700 Reporting Due January 30 - Semi-annual reporting for the period of July 1, 2020 to December 31, 2020 is due by January 30, 2021. Semi-annual reporting is required of responsible parties (RPs) for all open sites, including those sites the DNR formerly classified as “conditionally closed” in the BRRTS online database. If you have any questions, please contact Tim Zeichert at (608) 219-2240.
  • Hazardous waste annual reporting due March 1 - Hazardous waste generators and facilities are required by law to submit a report to the DNR outlining hazardous waste generation and treatment activities conducted in the previous year. To review the reporting instructions, go to the DNR's hazardous waste annual report web page. For questions related to the annual report, email DNRHazardousWasteReporting@wisconsin.gov.
  • Air emissions inventory reporting due March 1 - All facilities emitting air pollution above thresholds in NR 438 must submit an annual air emissions inventory. In lieu of filing a report, businesses with air emissions below the reporting thresholds should submit an Under-Threshold Notification to notify DNR their air emissions are below reporting levels.  Refer to the Air Emissions Inventory page for more information or contact Grant Hetherington with questions.

New hazardous waste resources available

As part of the DNR's recent website redesign, two new web pages have been created to provide information on hazardous waste notifications and publications.

1. Notifications

The DNR's notification of hazardous waste activities page describes who is required to notify the department of hazardous waste activity; basic requirements and recommendations; and links to the necessary forms.

  • EPA Form 8700-12 for hazardous waste activity and obtaining an EPA identification number with links to the MyRCRAid application and the fillable form and instructions
  • DNR Form 4430-020 Notification of Activity for Household and Very Small Quantity Hazardous Waste Collection Facility

2. Publications

The DNR's hazardous waste resources page contains the links to current guidance documents. On this same page are the administrative codes and statutes along with hazardous waste inspection form templates to assist facilities interested in performing self-audits. These inspection forms are the same forms that DNR program staff use during site inspections and are provided as a resource for conducting self-audits.

DNR hazardous waste staff are creating and updating guidance documents to help people understand the new rules. Below is a partial list of topics that our guidance documents will address:

  • Waste determination and record keeping
  • Container and tank labeling and marking
  • LQG consolidation of VSQG hazardous waste (new)
  • Episodic generation notification (new)
  • Hazardous secondary materials and legitimate recycling (new)
  • 50-foot setback for waste accumulation (new)
  • Satellite accumulation
  • LQG closure requirements for CAA and facility (new)
  • Subchapter P Hazardous Waste Pharmaceuticals (new)

For more DNR resources and information, go to the DNR's Waste and Materials Management Program web page.


DNR’s Air Program portal offers access to guidance

DNR's Air Program is making it easier to access information and submit feedback on guidance documents by posting them to a new Widen portal and the Air Regulations and Policies Public Notice webpage.

The Air Program Publication and Guidance portal offers instructions on searching for and locating documents, downloading a copy to the user’s desktop, and obtaining a direct link to the document.

Additionally, the Air Regulations and Policies Public Notices webpage offers a place to view program guidance that is in development along with notice of public meetings.

Both changes are temporary until a more permanent solution can be put in place.


EPA releases final chemical risk evaluation for Perchloroethylene

The U.S. Environmental Protection Agency (EPA) released the final risk evaluation for perchloroethylene. Perchloroethylene is a colorless liquid used primarily in industrial settings in the production of fluorinated compounds and as a solvent in dry cleaning. This chemical is also used commercially in lubricants, adhesives, and sealants. Perchloroethylene has a limited number of consumer uses in products like adhesives for arts and crafts and stainless steel polish.

Under the Toxic Substances Control Act (TSCA), EPA is required to evaluate the risks associated with exposure to existing chemicals in commerce using the best available science, and then take action to address any unreasonable risks identified.  The final risk evaluation for perchloroethylene determined that there are unreasonable risks to workers, occupational non-users, consumers, and bystanders from 59 out of 61 conditions of uses. EPA found no unreasonable risks to the environment.

The next step in the process required by TSCA is developing a plan to address the unreasonable risks identified in the final risk evaluation. EPA is moving immediately to risk management for this chemical and will work as quickly as possible to propose and finalize actions to protect against the unreasonable risks.

View the perchloroethylene final risk evaluation and supporting documents. https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/final-risk-evaluation-perchloroethylene


Opportunities for Input

  • Comments on Fiscal Estimate & Economic Impact Analysis for proposed rule revision for NR 350 related to wetland mitigation is open until January 28. Review the Solicitation Notice, the Draft Rule and Economic Impact Analysis documents for the proposed revision under WT-02-19 Wetland Mitigation NR 350. Please email any comments you have on the Economic Impact Analysis to Tom Pearce or Amanda Minks.
  • Proposed wetland and waterway permits open for comments through February 8. Please send comments by email to Amanda Minks via email at DNRWWGuidance@wisconsin.gov or by U.S. mail at DNR-WT/3, P.O. Box 7921, Madison, WI 53707-7921. Additional information can also be found at https://dnr.wisconsin.gov/topic/Wetlands/permits.
    • Wetland impacts associated with the repair or maintenance of a dam (WDNR-GP10-2021),
    • Wetland impacts associated with municipal development (WDNR-GP11-2021),
    • Waterway impacts associated with temporary forestry crossings (WDNR-GP12-2021),
    • Waterway impacts relating to dredging in previously dredged areas (WDNR-GP13-2021) and
    • Waterway impacts associated with waterway crossings (WDNR-21-2021).
  • Draft WPDES Industrial Tier 1 and Tier 2 General Permits Comments Due February 12. - The Wisconsin Pollutant Discharge Elimination System (WPDES) Tier 1 Storm Water Associated with Industrial Activity (WI-S067849-5) and Tier 2 Storm Water Associated with Industrial Activity (WI-S067857-5) general permits are tentatively proposed to be reissued. The documents (Public Notice of Intent, draft permits and fact sheets) are available here: http://dnr.wi.gov/topic/Wastewater/PublicNotices.html.
  • EPA Releases Interim Guidance on Destroying and Disposing of Certain PFAS and PFAS-Containing Materials - EPA's efforts under the PFAS Action Plan included releasing new interim guidance on destroying and disposing of certain PFAS and PFAS-containing materials for public comment. EPA will accept comments on the Interim Guidance for 60 days following publication in the Federal Register. For more information, please see www.epa.gov/pfas.