WA-12-21: WDNR Expands Universal Waste Program to Include Aerosol Cans

As of July 1, 2025, the Wisconsin Department of Natural Resources (WDNR) has expanded its universal waste regulations under NR 673 to include aerosol cans. This change part of Rule Package WA 12 21 offers generators a streamlined alternative to managing hazardous waste aerosol cans under the traditional NR 661 framework. Before this rule took effect, aerosol cans were generally handled under the hazardous waste regulations in NR 661. Depending on the aerosol can contents, facilities were required to count aerosol cans generated toward generator status thresholds and compliance with detailed storage, labeling, and disposal rules. A common management method was to utilize aerosol puncturing devices. Some facilities also used puncturing and draining equipment to empty cans and recycle the steel containers, subject to hazardous waste determination of the contents.

Generators now have the option to manage waste aerosol cans as universal waste if the cans are not considered hazardous waste (due to ignitability or listed contents) and meet the definition of waste under NR 673.06(3).

Under NR 673 Subchapters B and C, applicable requirements include:

• Storage: Cans must be kept in compatible, sealed containers that are structurally sound and protected from heat (NR 673.13(5)(a) / NR 673.33(5)(a)).
• Labeling: Containers must be labeled as “Universal Waste – Aerosol Cans,” “Used Aerosol Cans,” or “Waste Aerosol Cans” (NR 673.14(6) / NR 673.34(6)).
• Accumulation Time: Universal waste may be stored for up to one year, with documentation to verify storage duration (NR 673.15 / NR 673.35).
• Leaking/Damaged Cans: Must be overpacked, separated with absorbent material, or punctured and drained in compliance with NR 673.13(5)(b)-(d) or 673.33(5)(b)-(d).
• Puncturing Option: Allowed with a commercial device and written procedures. Handlers must make a hazardous waste determination on the drained contents and manage them accordingly (NR 673.13(5)(d) / NR 673.33(5)(d)).
• Large Quantity Notification: Handlers exceeding 5,000 kg of total universal waste must notify WDNR using EPA Form 8700-12 (NR 673.32).

The adoption of the federal standard gives Wisconsin generators a valuable new option for managing aerosol cans more efficiently, especially for those looking to simplify compliance, reduce generator status impacts, or improve waste handling across sites. While traditional hazardous waste management under NR 661 remains fully compliant and available, the universal waste pathway under NR 673 offers a more streamlined framework with simpler labeling, training, and recordkeeping requirements.

WA 11 21: Modernizing Ignitable Liquids Test Methods

Effective July 1, 2025, the Wisconsin DNR has adopted Rule Package WA 11 21, which updates the state’s hazardous waste regulations by incorporating modernized test methods for identifying ignitable liquid wastes. Specifically, NR 661.0021(1)(a) now allows the use of EPA Method 8175 (Pensky-Martens Closed Cup Tester), ASTM D93, and other equivalent closed-cup flash point test methods approved under 40 CFR 261.21(a)(1). Additionally, this rule redefines an ignitable liquid from “aqueous” to “50% water by weight,” which narrows the types of alcohol that qualify as hazardous waste. This will allow facilities to exclude some latex based paints and alcoholic beverages as hazardous waste.

Previously, Wisconsin regulations only referenced outdated methods such as ASTM D3278, limiting flexibility for laboratories and requiring retesting in some cases to meet federal expectations. This rule aligns Wisconsin’s standards with those used nationally, streamlining compliance for facilities that send samples to external laboratories or rely on in-house flash point testing to characterize liquid wastes like solvents, paints, oils, and process byproducts.

Facilities should consult their waste profiles and safety data sheets (SDSs) to determine whether any waste determinations rely on flash point data and confirm whether the test method used is compliant under the revised rule. Although the underlying ignitability criteria (flash point <60 °C or 140 °F) remain unchanged, using updated methods may improve testing consistency and lab availability.

WA 14 21: Technical Corrections and Clarifications

Effective July 1, 2025, Rule Package WA 14 21 introduces a set of technical updates across various chapters in the NR 600-699 series. This rule does not add any new regulatory requirements, but it corrects errors, clarifies ambiguous language, and updates citations to improve the readability and accuracy of the hazardous waste regulations.

Changes include:

• Updating references to EPA methods and rule citations to reflect federal rule alignment,
• Replacing outdated terminology (e.g., “EPA identification number” instead of “EPA notification number”), and
• Correcting typographical errors and section cross-references in multiple locations, such as NR 660, 661, 662, and 664.

These revisions are designed to improve regulatory clarity for both generators and regulators and reduce confusion caused by outdated references. While facilities are not required to take action, environmental managers and EHS staff may want to review internal compliance documents, training materials, or waste profiles to ensure they reflect updated regulatory citations.

Additional Resources

If you have any questions about the recent hazardous waste rule changes including the aerosol can universal waste designation, updated ignitability test methods, or regulatory clarifications, please contact Trinity’s Wisconsin office at 262.200.0200. Our team is available to assist you in understanding how these updates may affect your facility’s waste characterization, handling practices, or internal documentation.