Public Comment Period on Hazardous Waste Regulations Working to Adopt Definition of Solid Waste and Generator Improvement Rules

The DNR hazardous waste program is working on capturing federal regulations promulgated since Wisconsin last received authorization from the U.S. Environmental Protection Agency. Current rule revisions will capture, along with other promulgated federal rules, the Generator Improvement Rule, Definition of Solid Waste Rule, Pharmaceutical Rule and Safe Management of Recalled Airbag Rule. To the extent possible, the DNR intends to adopt equivalent content and format of the promulgated federal regulations.

Federal “checklist” that allow you to view rules by publication date or checklist number: https://www.epa.gov/rcra/rule-checklists-applications-state-authorization-under-resource-conservation-and-recovery-act

A summary of the federal rules under evaluation for adoption is outlined in the fiscal estimate and Economic Impact Analysis for the current rule package. Documents related to current rule changes: https://docs.legis.wisconsin.gov/code/chr/all/cr_19_082

Public participation is a critical component of agency rulemaking and we value everyone’s involvement in the DNR’s rulemaking activities. There are numerous opportunities to participate in the DNR rulemaking process.

For the current set of proposed rules, the public has the opportunity to submit written comments and/or testify at a public hearing.  Public hearings on the proposed rules are scheduled for July 25 in Green Bay, July 26 in Milwaukee and July 29 in Madison. Written comments may be submitted by U.S. mail or e-mail and will have the same weight and effect as oral statements presented at the public hearings. Comments on the proposed rule must be received on or before August 5, 2019.

Access the draft rule and public hearing notice, along with instructions for submitting written comments, by scrolling to NRB Order Number WA-06-17 on the DNR’s permanent rules page.

Proposed permanent natural resources rules: https://dnr.wi.gov/news/input/proposedpermanent.html

For questions related to the rule package, contact Mike Ellenbecker, Hazardous Waste Program Coordinator, at 262-884-2342 or michael.ellenbecker@wisconsin.gov.

It is important to note that facilities and their consultants must operate and advise under the current NR 600 series codes to maintain compliance, as the new rules will not be adopted until 2020.

List of current Wisconsin hazardous waste rules: https://dnr.wi.gov/topic/Waste/Laws.html