|
The Wisconsin Department of Natural Resources (DNR) is proposing updates to several sections of the state hazardous waste regulations found in chs. NR 600-679, Wis. Adm. Code. These modifications aim to improve certain aspects of the rules on the management of hazardous wastes while continuing to protect public health and the environment.
A virtual public hearing on the draft language for all three rule packages will be held on May 8, 2024, at 10 a.m. A public comment period will be available until May 15, 2024. During the public comment period, interested parties may submit additional information or feedback on the draft language of the proposed rules.
The public comment period is on the draft rule language. A separate public comment period on the economic impact analyses for the individual rule packages was held from Jan. 30 to Feb. 13, 2024.
Register for the public hearing via Zoom.
To review the draft rule language and associated materials, go to the DNR's Proposed Permanent Administrative Rules webpage and look up the materials under the following rule numbers/titles:
- WA-11-21 Modernizing Ignitable Liquids Determinations
- WA-12-21 Expanding Universal Waste
- WA-14-21 Technical Corrections And Clarifications
Please send any comments on the rule language or any questions related to the language or the rule process to Cathy Baerwald at Catherine.Baerwald@wisconsin.gov.
The DNR's Hazardous Waste Rules And Statutes webpage includes a list of current administrative codes and statutes, proposed rules and the rule process and links to additional information.
Two new guidance documents are available on DNR’s Hazardous Waste Resources webpage.
- Hazardous Secondary Materials And The Generator-based Exclusion (WA-2033)
- Hazardous Secondary Materials And The Transfer-based Exclusion (WA-2034)
These documents explain the Hazardous Secondary Material exclusion requirements found in ss. NR 661.0004(1)(w) and (x), Wis. Adm. Code. For more resources and information, visit the DNR’s Waste and Materials Management Program webpage.
The U.S. Environmental Protection Agency (EPA) announced new enforceable federal standards for per- and polyfluoroalkyl substances (PFAS) in drinking water. This includes a new enforceable Maximum Contaminant Level (MCL) of 4.0 parts per trillion (ppt) individually for PFOA and PFOS and 10 ppt individually for PFNA, PFHxS and GenX. Additionally, the EPA finalized an MCL at a hazard index of 1 when a combination of PFNA, PFHxS, GenX and PFBS are present in a mixture.
The EPA’s enforceable standards acknowledge the importance of limiting exposure to PFAS in total and the role that drinking contaminated water plays in the potential for negative health impacts from PFAS. These MCLs do not apply to drinking water from private wells.
The DNR set enforceable standards for two types of PFAS in public drinking water in 2022. Over the last year, public water systems throughout Wisconsin have sampled at least once for these and other PFAS.
The current enforceable standard of 70 ppt for PFOA and PFOS in public drinking water will remain in effect until the DNR completes rulemaking to comply with the EPA’s drinking water standards. This may take up to three years to complete based on Wisconsin’s statutory requirements.
Additionally, the DNR will formally request that the Wisconsin Department of Health Services (DHS) update their health-based recommendations for the six PFAS included in EPA’s finalized MCLs to account for new scientific findings. Wisconsin DHS anticipates their updated recommendations will be available during the second half of 2024.
While this rulemaking process is underway, the DNR will also work with PFAS-impacted public water systems on potential actions to reduce contamination in water provided to the community. Of Wisconsin’s nearly 2,000 public water systems, approximately 95% have PFAS levels below the EPA’s standards. Sampling results for municipal public drinking water systems are available to view in the PFAS Interactive Data Viewer.
The specific actions taken by any public water system will depend on their circumstances and could include treating water to remove PFAS or finding a different water source. Funding from the federal Bipartisan Infrastructure Law may be available to municipal public water systems to take corrective actions against PFAS.
PFAS are a group of human-made chemicals used for decades in numerous products, including non-stick cookware, fast food wrappers, stain-resistant sprays and certain types of firefighting foam. These contaminants have made their way into the environment in a variety of ways, including spills of PFAS-containing materials, discharges of wastewater that contain PFAS from treatment plants and use of certain types of firefighting foams. PFAS are known to accumulate in fish and wildlife tissues as well as in the human body, posing several risks to human health.
More information about actions to take to reduce exposure to PFAS is available on the DHS website.
The DNR charges an annual fee to all industrial storm water permittees. The DNR will mail or email invoices for the yearly fees in May/June. The invoice will include instructions on how to pay the fee, where to send the payment and the due date.
Fees for the various general permits are $260 per year for Tier 1, auto salvage and scrap recycling permittees and $130 per year for Tier 2 and nonmetallic mining permittees.
To mitigate any billing questions ahead of time, please review the frequently asked questions below.
Why is there a storm water fee?
- Federal and state law requires that certain industrial facilities obtain coverage under an industrial storm water discharge permit based on the type of industrial activity in which a facility engages. There is an annual fee for the administration of the industrial storm water discharge permit program.
My facility closed or ceased operation. What do I need to do?
- A facility that has closed or ceased operations and no longer requires coverage under an industrial storm water discharge permit needs to submit a completed Notice of Termination form to the DNR. The form must be filed via the Water ePermitting System.
What do I need to do if my industrial facility moves to a new location?
- The permit coverage is for the unique location and does not move with the operation. If your facility moves, in addition to terminating coverage for the previous location by submitting a Notice of Termination form, you also need to reapply for the industrial storm water discharge permit coverage for the new site by submitting a Notice of Intent form. The Notice of Termination and Notice of Intent forms must be filed via the Water ePermitting System.
My facility is being sold or has been sold to another owner. Can the industrial storm water discharge permit coverage be transferred to the new owner?
- Yes, both the previous owner and new owner may request a permit coverage transfer to the person who will control the industrial facility. To transfer the permit coverage to the new owner, both the previous owner and new owner need to sign a transfer request. The new owner must file a Notice of Intent form with the signed Transfer of Coverage form via the Water ePermitting System.
What happens if my facility closes or changes location and I don’t terminate the industrial storm water discharge permit?
- It is crucial for industrial facilities that cease operations or move to a new location to submit a Notice of Termination form to the DNR for the vacated facility. If the Notice of Termination form is not filed, the facility will continue to be billed on an annual basis and may even be sent to Department of Revenue collections. The DNR will notify the facility of termination of coverage when the form has been received.
I spoke with someone previously about canceling the fee. Why am I getting billed again?
- If you contact the DNR and are instructed to submit a Notice of Termination form, please do so at your earliest convenience so that it can be processed and the DNR’s records updated appropriately. Submitting a note with the invoice does not serve this function. A copy of the submitted Notice of Termination form should be kept for your records.
My facility is still active; however, there has been a change in contacts.
- To ensure the invoice is sent to the correct facility or individual, please provide up-to-date contact information (including the appropriate billing contact) in your DNR records. To verify your contact information, use DNR Switchboard and log in to view facilities tied to your account. If contact information needs to be updated, please contact your local DNR storm water staff member. Contact update requests received after April 28, 2024, may not display correctly on the 2023 annual billing statement.
Forms And Additional Information
EPA published a final rule under the Toxic Substances Control Act that phases in a ban on the ongoing use of chrysotile asbestos, which is currently the only known form of asbestos used in or imported to the U.S.
The measure will ban:
- The manufacture (including import), processing, distribution in commerce and commercial use of chrysotile asbestos for chrysotile asbestos diaphragms in the chlor-alkali industry; chrysotile asbestos-containing sheet gaskets in chemical production; chrysotile asbestos-containing brake blocks in the oil industry; aftermarket automotive chrysotile asbestos-containing brakes/linings; other chrysotile asbestos-containing vehicle friction products; other chrysotile asbestos-containing gaskets; and
- The manufacture (including import), processing and distribution in commerce for consumer use of aftermarket automotive chrysotile asbestos-containing brakes/linings; and other chrysotile asbestos-containing gaskets.
The rule bans the import of asbestos for chlor-alkali use immediately, and phases out the uses over 5, 8 or 12 years.
EPA published a final rule to remove Title V permitting requirements for air curtain incinerators (ACI) that burn only wood waste, clean lumber, yard waste or a mixture of the three.
In the announcement of the final rule, EPA observed that ACIs that burn only the types of waste covered “are often associated with emergency natural disaster situations such as eliminating massive amounts of clean wood and vegetative waste for wildfire mitigation and forest management, burning storm-generated wood and vegetative debris and burning of land clearing debris.” The effective date of the rule is April 17, 2024.
Wisconsin’s Printing Industry Charter Members Present A Webinar On May 9 - Options For Managing Spent Solvent Waste
The Printing Industry Charter members organized the Options For Managing Spent Solvent Waste webinar that will be held Thursday, May 9, 2024, at 1 p.m. The presenter is David Panofsky, an engineer with the Wisconsin DNR since 1990. Panofsky has held roles in both the air management and the hazardous waste management programs at the DNR.
Attendees will learn about:
- Requirements for managing spent solvent wastes
- Flexibilities for managing solvent wastes under hazardous secondary material (HSM) rules
- Requirements for tank systems
- Resources available from the Wisconsin DNR
All are welcome to register for the webinar, which is hosted by the Great Lakes Graphics Association. Register now.
|
