On September 1, 2020, Wisconsin adopted three federal waste rules, including:
      • Pharmaceutical Rule (Subpart P)
      • Definition of Solid Waste Rule
      • Hazardous Waste Generator Improvement Rule

Pharmaceutical Rule

The U.S. Environmental Protection Agency (EPA) finalized changes to this federal rule in August of 2019 with the most significant changes being:
      • Removing FDA-approved over-the-counter nicotine replacement therapies (patches, gums, lozenges) from the P075 listing
      • A sewer ban of hazardous pharmaceuticals by healthcare facilities and reverse distributors
      • Prescription drugs moving through a reverse distributor now are considered solid waste at the healthcare facility where they are used; making the healthcare facility officially designated as a generator and subject to all generator rules
Indiana, Illinois, and Ohio have not yet adopted this rule.  Kentucky has adopted it.  Michigan is in the process of adoption and expected to complete before the end of 2020. To check on the status of other states click on this link and see the chart.

Definition of Solid Waste Rule

The U.S. Environmental Protection Agency (EPA) finalized changes to this federal rule in May of 2018.  The most significant change was to clarify and strengthen the definition of legitimate recycling of hazardous secondary materials. The final rule removes “verified recycler exclusion” and reinstates the “transfer-based exclusion”. Certain requirements from the 2015 Rule have been reinstated under the “transfer-based” exclusion, including that:
      • K171 and K172 spent petroleum catalysts are eligible for the recycling exclusions
      • Materials must be ‘‘contained’’ prior to recycling
      • Certain emergency preparedness and response requirements are applicable
Additionally, export notification and reporting requirements have also been reinstated. Indiana, Illinois Kentucky, and Michigan also have adopted this rule. Ohio has not adopted it currently. To check on the status of other states click on this link and see the chart.

Hazardous Waste Generator Improvements Rule

This rule addresses smaller and/or non-manufacturing facility issues such as: strengthening requirements on waste determinations and recordkeeping, requiring re-notification of generator status, creating allowances for episodic generators, revising regulations on labeling and marking to improve communication and decrease risks to human health, and clarifying preparedness and emergency planning requirements. Highlights of the new rule revisions include:
        1. Hazardous waste determinations must be accurate and made
          • at the point of waste generation
          • before any dilution, mixing, or other alteration of the waste occurs
          • at any time in the course of its management that it has, or may have, changed its properties as a result of exposure to the environment or other factors that may change the properties of the waste such that the RCRA classification of the waste may change
        2. Determinations must be made on whether solid waste is excluded
        3. If not excluded use knowledge of the waste to determine if the waste meets any of the listing descriptions under Subpart D 40 CFR 261
        4. Recordkeeping of waste determinations is required for SQG and LQG
        5. SQG and LQG must identify hazardous waste codes
        6. Determine generator category (VSQG, SQG, LQG) for a particular month based on quantity.
          • In the quantity count, the generator does not have to include waste managed as part of an episodic event in compliance with the conditions of subpart L.
        7. VSQG and SQG can have episodic generation for planned (maintenance, tank cleanout, short term projects) and unplanned (production upsets, product recalls, or accidental spills) event; however, site must notify the state within certain time frame (72 hours unplanned, 30 days for planned) one episode per year per event type if allowed.
        8. Very small quantity generator (VSQG) are allowed to send hazardous waste to a large quantity generator under control of the same person.
Indiana, Illinois and Kentucky have all adopted this rule. Ohio and Michigan have not. To check on the status of other states click on this link and see the chart.
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