NR 673.16 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 673.17(1)
(1) A small quantity handler of universal waste shall immediately contain all releases of universal wastes and other residues from universal wastes.
NR 673.17(2)
(2) A small quantity handler of universal waste shall determine whether any material resulting from the release is hazardous waste, and if so, shall manage the hazardous waste in compliance with all applicable requirements of
chs. NR 660 to
670. The handler is considered the generator of the material resulting from the release, and shall manage it in compliance with
ch. NR 662.
NR 673.17 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 673.18(1)(1) A small quantity handler of universal waste is prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility or a foreign destination.
NR 673.18(2)
(2) If a small quantity handler of universal waste self-transports universal waste off-site, the handler becomes a universal waste transporter for those self-transportation activities and shall comply with the transporter requirements of subch.
D while transporting the universal waste.
NR 673.18(3)
(3) If a universal waste being offered for off-site transportation meets the definition of hazardous materials under
49 CFR parts 171 to
180, a small quantity handler of universal waste shall package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable U.S. department of transportation regulations under
49 CFR parts 172 to
180.
NR 673.18(4)
(4) Prior to sending a shipment of universal waste to another universal waste handler, the originating handler shall ensure that the receiving handler agrees to receive the shipment.
NR 673.18(5)
(5) If a small quantity handler of universal waste sends a shipment of universal waste to another handler or to a destination facility and the shipment is rejected by the receiving handler or destination facility, the originating handler shall do one of the following:
NR 673.18(5)(a)
(a) Receive the waste back when notified that the shipment has been rejected.
NR 673.18(5)(b)
(b) Agree with the receiving handler on a destination facility to which the shipment will be sent.
NR 673.18(6)
(6) A small quantity handler of universal waste may reject a shipment containing universal waste, or a portion of a shipment containing universal waste, that the handler has received from another handler. If a handler rejects a shipment or a portion of a shipment, the handler shall contact the originating handler to notify the originating handler of the rejection and to discuss reshipment of the load. The handler shall do one of the following:
NR 673.18(6)(b)
(b) If agreed to by both the originating and receiving handler, send the shipment to a destination facility.
NR 673.18(7)
(7) If a small quantity handler of universal waste receives a shipment containing hazardous waste that is not a universal waste, the handler shall immediately notify the department of the illegal shipment, and provide the name, address and phone number of the originating shipper. The department will provide instructions for managing the hazardous waste.
NR 673.18(8)
(8) If a small quantity handler of universal waste receives a shipment of non-hazardous, non-universal waste, the handler may manage the waste in any way that is in compliance with chs.
287 and
289, Stats.,
chs. NR 500 to
549 and applicable federal or local solid waste regulations.
NR 673.18 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 673.19
NR 673.19
Tracking shipments. A small quantity handler of universal waste is not required to keep records of shipments of universal waste.
NR 673.19 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 673.20
NR 673.20
Exports. A small quantity handler of universal waste who sends universal waste to a foreign destination other than to those OECD countries specified in
s. NR 662.058 (1) (a) (in which case the handler is subject to the requirements of subch.
H of ch. NR 662) shall do all of the following:
NR 673.20(2)
(2) Export the universal waste only upon consent of the receiving country and in conformance with the EPA acknowledgment of consent as defined in subch.
E of ch. NR 662.
NR 673.20(3)
(3) Provide a copy of the EPA acknowledgment of consent for the shipment to the transporter transporting the shipment for export.
NR 673.20 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 673.30
NR 673.30
Applicability. This subchapter applies to large quantity handlers of universal waste.
NR 673.30 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 673.31
NR 673.31
Prohibitions. A large quantity handler of universal waste is prohibited from doing any of the following:
NR 673.31(2)
(2) Diluting or treating universal waste, except by responding to releases as provided in
s. NR 673.37, or by managing specific wastes as provided in
s. NR 673.33.
NR 673.31 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 673.32(1)(a)
(a) Except as provided in
pars. (b) and
(c), a large quantity handler of universal waste shall have sent written notification of universal waste management to the department, and received an EPA identification number, before meeting or exceeding the 5,000 kilogram (11,025 pounds) storage limit.
NR 673.32(1)(b)
(b) A large quantity handler of universal waste who has already notified the department of its hazardous waste management activities and has received an EPA identification number is not required to renotify under this section.
NR 673.32(1)(c)
(c) A large quantity handler of universal waste who manages recalled universal waste pesticides as described in
s. NR 673.03 (1) (a) and who has sent notification to EPA as required by
40 CFR part 165 is not required to notify for those recalled universal waste pesticides under this section.
NR 673.32(2)
(2) This notification shall include all of the following:
NR 673.32(2)(a)
(a) The universal waste handler's name and mailing address.
NR 673.32(2)(b)
(b) The name and business telephone number of the person at the universal waste handler's site who should be contacted regarding universal waste management activities.
NR 673.32(2)(c)
(c) The address or physical location of the universal waste management activities.
NR 673.32(2)(d)
(d) A list of all the types of universal waste managed by the handler (e.g., batteries, pesticides, thermostats, lamps).
NR 673.32(2)(e)
(e) A statement indicating that the handler is accumulating more than 5,000 kg (11,025 pounds) of universal waste at one time and the types of universal waste (e.g., batteries, pesticides, thermostats and lamps) the handler is accumulating above this quantity.
NR 673.32 Note
Note: See s.
NR 660.07 for information on obtaining EPA form 8700-12.
NR 673.32 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 673.33(1)(1)
Universal waste batteries. A large quantity handler of universal waste shall manage universal waste batteries in all of the following ways that prevent releases of any universal waste or component of a universal waste to the environment:
NR 673.33(1)(a)
(a) A large quantity handler of universal waste shall contain any universal waste battery that shows evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the battery and shall lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
NR 673.33(1)(b)
(b) A large quantity handler of universal waste may conduct any of the following activities as long as the casing of each individual battery cell is not breached and remains intact and closed (except that cells may be opened to remove electrolyte but shall be immediately closed after removal):
NR 673.33(1)(b)5.
5. Disassembling batteries or battery packs into individual batteries or cells.
NR 673.33(1)(c)
(c) A large quantity handler of universal waste who removes electrolyte from batteries, or who generates other solid waste (e.g., battery pack materials, discarded consumer products) as a result of the activities listed in
par. (b), shall determine whether the electrolyte or other solid waste exhibits a characteristic of hazardous waste identified in subch.
C of ch. NR 661.
NR 673.33(1)(c)1.
1. If the electrolyte or other solid waste exhibits a characteristic of hazardous waste, it shall be managed in compliance with all applicable requirements of
chs. NR 660 to
670. The handler is considered the generator of the hazardous electrolyte or other waste and is subject to
ch. NR 662.
NR 673.33(1)(c)2.
2. If the electrolyte or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with chs.
287 and
289, Stats.,
chs. NR 500 to
549 and applicable federal or local solid waste regulations.
NR 673.33(2)
(2) Universal waste pesticides. A large quantity handler of universal waste shall manage universal waste pesticides in a way that prevents releases of any universal waste or component of a universal waste to the environment. The universal waste pesticides shall be contained in one or more of the following:
NR 673.33(2)(a)
(a) A container that remains closed, structurally sound, compatible with the pesticide and that lacks evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
NR 673.33(2)(b)
(b) A container that does not meet the requirements of
par. (a), provided that the unacceptable container is overpacked in a container that does meet the requirements of
par. (a).
NR 673.33(2)(d)
(d) A transport vehicle or vessel that is closed, structurally sound, compatible with the pesticide and that lacks evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
NR 673.33(3)
(3) Universal waste thermostats. A large quantity handler of universal waste shall manage universal waste thermostats in all of the following ways that prevent releases of any universal waste or component of a universal waste to the environment:
NR 673.33(3)(a)
(a) A large quantity handler of universal waste shall contain any universal waste thermostat that shows evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the thermostat and shall lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
NR 673.33(3)(b)
(b) A large quantity handler of universal waste may remove mercury-containing ampules from universal waste thermostats provided the handler does all of the following:
NR 673.33(3)(b)1.
1. Removes the ampules in a manner designed to prevent breakage of the ampules.
NR 673.33(3)(b)2.
2. Removes ampules only over or in a containment device (e.g., tray or pan sufficient to contain any mercury released from an ampule in case of breakage).
NR 673.33(3)(b)3.
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 requirements of
s. NR 662.034 or
662.192.
NR 673.33(3)(b)4.
4. Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of
s. NR 662.034 or
662.192.
NR 673.33(3)(b)5.
5. Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable exposure levels for mercury adopted under
29 USC 651 to
678 or s.
101.055, Stats.
NR 673.33 Note
Note: Title
29 USC 651 to
678 is also known as the federal occupational safety and health act (OSHA). Chapter
SPS 332 implements s.
101.055, Stats.
NR 673.33(3)(b)6.
6. Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers.
NR 673.33(3)(b)7.
7. Stores removed ampules in closed, non-leaking containers that are in good condition.
NR 673.33(3)(b)8.
8. Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling and transportation.
NR 673.33(3)(c)1.1. A large quantity handler of universal waste who removes mercury-containing ampules from thermostats shall determine whether all of the following exhibit a characteristic of hazardous waste identified in subch.
C of ch. NR 661:
NR 673.33(3)(c)1.b.
b. Other solid waste generated as a result of the removal of mercury-containing ampules (e.g., remaining thermostat units).
NR 673.33(3)(c)2.
2. If the mercury, residues or other solid waste exhibits a characteristic of hazardous waste, it shall be managed in compliance with all applicable requirements of
chs. NR 660 to
670. The handler is considered the generator of the mercury, residues or other waste and is subject to
ch. NR 662.
NR 673.33(3)(c)3.
3. If the mercury, residues or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with chs.
287 and
289, Stats.,
chs. NR 500 to
549 and applicable federal or local solid waste regulations.
NR 673.33(4)
(4) Lamps. A large quantity handler of universal waste shall manage lamps in all of the following ways that prevent releases of any universal waste or component of a universal waste to the environment:
NR 673.33(4)(a)
(a) A large quantity handler of universal waste shall contain any lamp in containers or packages that are structurally sound, adequate to prevent breakage and compatible with the contents of the lamps. The containers and packages shall remain closed and shall lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
NR 673.33(4)(b)
(b) A large quantity handler of universal waste shall immediately clean up and place in a container any lamp that is broken and shall place in a container any lamp that shows evidence of breakage, leakage or damage that could cause the release of mercury or other hazardous constituents to the environment. Containers shall be closed, structurally sound, compatible with the contents of the lamps and shall lack evidence of leakage, spillage or damage that could cause leakage or releases of mercury or other hazardous constituents to the environment under reasonably foreseeable conditions.
NR 673.33 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 673.34
NR 673.34
Labeling and marking. A large quantity handler of universal waste shall label or mark the universal waste to identify the type of universal waste as specified below:
NR 673.34(1)
(1) Universal waste batteries (i.e., each battery), or a container or tank in which the batteries are contained, shall be labeled or marked clearly with the phrase "Universal Waste—Batteries", "Waste Batteries" or "Used Batteries".