Comparison of State and Federal Hazardous Waste Rules
General Summary (find a description of Federal Rules here).
Wisconsin generally follows the federal rules for hazardous waste management and also has more stringent state requirements.
1. Do I need an EPA ID number to handle hazardous wastes
2. How do I determine my generator status?
Wisconsin generally follows the federal rules for defining generator status, but does have more stringent requirements. CESQG's in Wisconsin are called Very Small Quantity Generators (VSQG's).SQG's and LQGs must notify both the EPA and the DNR of their hazardous waste activities. The EPA number will also be the state ID number. Before activity begins, state notification must be made 30 days prior. SQG's are not exempt from notification requirements that recycle, treat or dispose of their wastes on-site. A VSQG must comply with notification requirements if is uses a manifest.
3. How can I tell if the waste materials I handle are considered
Wisconsin rules are similar but different and more stringent than the federal rules for defining hazardous wastes.Wisconsin has not adopted all of the federal exclusions as to what constitutes solid and hazardous waste. Materials considered solid wastes in Wisconsin are domestic sewage; spent wood preserving solutions; wastes from coke by-products process; and non-wastewater splash condenser dross residue. Wisconsin has not adopted the federal hazardous waste exclusion for leachate or gas condensate collected from landfills; nor the exemptions from the derived-from rule relating to biological treatment sludge and catalyst inert support media.
4. How long can I store hazardous wastes on site?
Wisconsin generally follows the federal rules for storing hazardous wastes, but does have more stringent requirements.If generators follow federal and state rules, they may store waste on-site without a storage facility permit.LQGs must request in writing for a 30-day extension to their 90-day accumulation period.SQG's must have written documentation on why an off-site storage facility was chosen that is 200 miles or more away.The generator must know the type and location of all hazardous waste stored on-site during the waste accumulation period.Generators must inspect containers storing hazardous waste and spill containment structures weekly.Generators must inspect tanks weekly. LQGs must also inspect discharge confinement structures. Tank inspections must be recorded the same as container inspections.LQGs and SQG's are required to operate uncovered tanks to ensure at least two feet of freeboard. Also, must equip the tank with a means of stopping the inflow when hazardous waste is fed continuously into the tank. SQG'S may not place incompatible wastes and/or materials in the same tank.Any container holding hazardous waste cannot be opened in a manner that would cause the container to rupture or leak.All waste must be shipped off-site to a permitted facility, or treated, stored or disposed of in an approved on-site facility within 90 days for LQGs and within 180 days for SQG's.Wisconsin allows containers to be marked "with other words that identify the contents of the container as hazardous waste." Containers have to be marked with the state manifest number.
5. Who can transport and receive the wastes I ship off site?
Wisconsin follows the federal rules for shipping hazardous wastes, but does have additional requirements.On-site transportation of hazardous waste by generators and owners with final operating licenses; and anyone who transports lead-acid batteries for recycling, are exempt from transporter requirements.Prior to transporting hazardous waste, a transportation service license must be obtained.In a transport vehicle, hazardous waste in containers must be loaded in a way that secures the containers from movement. During loading or unloading, vehicles cannot be left unattended. Tools that could damage containers or cause leaks cannot be used during loading or unloading.Transporters can only take hazardous waste that has a manifest, signed by the generator.Transporters must follow strict release notification requirements.
6. What records do I have to keep?
Wisconsin follows the federal rules for recordkeeping.
7. Do I have to file reports?
Wisconsin generally follows the federal rules for reporting. LQGs and SQG's must submit an annual activity report by March 1 and keep on file for three years. Some may be required to also include a waste minimization report.
8. What training requirements do I have to meet?
Wisconsin generally follows the federal rules for training.For SQG's: All persons must be properly trained.SQG's that accumulate 1,000 kilograms or more of hazardous waste must have a written description of the training program; all employees required to be trained participate in an annual training review; and keep records documenting that employees have complete training and participated in the annual review.
9. What differences between states may exist with regard to use of the the new standardized manifest form?
As of September 5, 2006, the new standardized manifest form (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments. There will be no state variations of the new federal form and states may not require information to be included on the form that is in addition to that required by federal rules. That said, some differences between states may exist with regard to use of the form. For Wisconsin these differences include:
Additional Wastes: None.
Generators must keep one manifest copy, send a copy to DNR within five business day, and send a copy to the consigment state (if required), after the transporters signs and dates the manifest.
Like LQGs, SQGs must file a written exception report with DNR, and retain it for 3 years.
Other Notes, Comments:: None.
10. What are some other differences between federal and state
Wisconsin generally follows the federal rules for manifests, and has additional rules for generators for the manifest form; completion and distribution; and SQG exception reports.Wisconsin had additional requirements for containers and hazardous waste tank storage including tank management; facility licensing; small storage facilities; and closure of hazardous waste tanks.LQGs and TSDFs must prepare an annual waste minimization certificate. Generators must describe their efforts to reduce hazardous waste in their annual activity report.
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