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Hazardous waste rules and statutes

Wisconsin's Legislature creates and revises the Wisconsin Statutes (Wis. Stats.), while state agencies such as the Department of Natural Resources create and revise the rules required and authorized by those statutes. These agency rules constitute the Wisconsin Administrative Code (Wis. Adm. Code).

Public participation is a critical component of agency rulemaking, and we value your involvement in the DNR's rulemaking activities. There are numerous opportunities for you to participate in the DNR rulemaking process.

Codes And Statutes

Hazardous waste administrative codes and statutes

The majority of the hazardous waste requirements in state statutes and rules reflect mandates contained in the Resource Conservation and Recovery Act and federal regulations that Wisconsin hazardous waste rules must reflect.

Current hazardous waste administrative codes 

Hazardous waste state statutes

Universal Waste Rule

WA-12-21 Universal Waste Rulemaking

The DNR adopted rules to allow used aerosol cans to be managed as a universal waste. This change benefits a wide variety of facilities generating and managing hazardous waste aerosol cans by:

  • providing a clear, protective system for managing discarded aerosol cans;
  • promoting collection and recycling of these cans; and
  • encouraging development of municipal and commercial programs to reduce the quantity of aerosol cans going to municipal solid waste landfills or combustors. 

Additionally, the adopted rules provide clarity and consistency in waste requirements for universal waste receiving and recycling facilities or destination facilities.

Scope statement
Spring - fall 2022

  • WA-12-21 statement of scope
  • Preliminary hearing held on Sept. 28, 2022
  • Statement of Scope approved by the Natural Resources Board Oct. 26, 2022

Rule drafting/ Public feedback
Winter 2022 - winter 2023

Economic impact analysis
Comment period Jan. 30 - Feb. 13, 2024

Access the board order and EIA on the DNR’s proposed permanent rules webpage under WA-12-21.

Public hearing on proposed rule
May 8, 2024

Adopted by NRB
Sept. 25, 2024

Legislative review
Spring 2025

Rule published and effective
July 1, 2025

Ignitable Liquids Rule

Wa-11-21 Modernizing Ignitable Liquids And Test Methods Rulemaking

The DNR adopted rules that allow updated flash-point testing methods for ignitable hazardous waste determinations, including removing obsolete information in the ignitability regulation. These rules standardized test procedures, updated standards to match federal requirements, and potentially eliminated the need for outdated equipment and methodologies.

This rule defines “aqueous” as “50% water by weight,” which assists in narrowing the types of alcohol that would qualify as a hazardous waste, potentially reducing the applicability of these requirements to certain entities. These waste streams have low flash points but are unable to sustain combustion.

Another component of the rule corrects cross references to U.S. Department of Transportation regulations and removes obsolete information in the ignitability regulation. Specifically, the rule modified the criteria for ignitable compressed gases and oxidizers to adhere more closely to the corresponding definitions in the DOT Hazardous Materials Regulations.

Scope statement
Spring - fall 2022

  • WA-11-21 statement of scope
  • Preliminary hearing held on Sept. 28, 2022
  • Statement of Scope approved by the Natural Resources Board Oct. 26, 2022

Rule drafting/ Public feedback
Winter 2022 - winter 2023

Economic impact analysis
Comment period Jan. 30 - Feb. 13, 2024

Access the board order and EIA on the DNR’s proposed permanent rules webpage under WA-11-21.

Public hearing on proposed rule
May 8, 2024

Adopted by NRB
Sept. 25, 2024

Legislative review
Spring 2025

Rule published and effective
Summer 2025

Corrections Rule

Wa-14-21 Technical Corrections And Clarifications Rulemaking

This rule updated and corrected state regulations, including technical corrections finalized by the U.S. Environmental Protection Agency, to address spelling and grammatical errors, citation errors and missing federal code language. The rules and revisions corrected and updated current state rules that comprehensively regulate the generation, transportation, recycling, treatment, storage and disposal of hazardous and universal wastes and used oil.

Scope statement
Spring - fall 2022

  • WA-14-21 statement of scope
  • Preliminary hearing held on Sept. 28, 2022
  • Statement of Scope approved by the Natural Resources Board Oct. 26, 2022

Rule drafting/ Public feedback
Winter 2022 - winter 2023

Economic impact analysis
Comment period Jan. 30 - Feb. 13, 2024

Access the board order and EIA on the DNR’s proposed permanent rules webpage under WA-14-21.

Public hearing on proposed rule
May 8, 2024

Adopted by NRB
Sept. 25, 2024

Legislative review
Spring 2025

Rule published and effective
July 1, 2025