(1) COVERAGE.
(a) These license rules establish provisions
for the hazardous waste facility licensing program under ch. 291.25,
Stats.
(b) The rules in this
chapter cover basic department licensing requirements, such as license
application requirements, standard license conditions, and monitoring and
reporting requirements. These rules are part of a regulatory scheme
implementing chs. 289 and 291, Stats., set forth in different parts of the
Wisconsin Administrative Code. The following chart indicates where the rules
implementing ch. 291, Stats., appear in the Wisconsin Administrative
Code.
(c) The hazardous waste
license program has separate additional regulations that contain technical
requirements. These separate regulations are used by the department to
determine what requirements shall be placed in licenses if they are issued.
These separate regulations are located under chs.
NR 664, 666, 667, and 668.
|
Section of ch. 291,
Stats |
Coverage |
Final rule |
|
ch. 291.001 and 291.01, Stats. |
Overview and definitions. |
ch. NR 660 |
|
s.
291.05(1) to (4), Stats. |
Identification and listing of hazardous
waste. |
ch. NR 661 |
|
s.
291.21,
Stats. |
Generators of hazardous waste. |
ch. NR 662 |
|
ss.
291.05(5) (a) and
291.23,
Stats. |
Transporters of hazardous waste. |
ch. NR 663 |
|
s.
291.05(6),
Stats. |
Standards for HWM facilities. |
chs. NR 664, 665 & 666 |
|
s.
291.25,
Stats. |
License requirements for HWM
facilities. |
ch. NR 670 |
|
s.
291.05(1),
Stats. |
Preliminary notification of HWM
activity. |
s.
NR
660.07 |
(2) OVERVIEW OF THE HAZARDOUS WASTE LICENSE
PROGRAM. Not later than 90 days after the promulgation or revision of rules in
ch. NR 661, identifying and listing hazardous wastes, generators, and
transporters of hazardous waste, and owners or operators of hazardous waste
treatment, storage, or disposal facilities may be required to file a
notification of that activity under s. NR 660.07. Treatment, storage, or
disposal of hazardous waste by any person who has not applied for and received
a hazardous waste license is prohibited. A license application consists of two
parts, part A (see s.
NR 670.013) and a feasibility and plan of operation
report (see s.
NR 670.014 and applicable sections in ss.
NR 670.015 to 670.029). Treatment and storage facilities
(TSDs) that are otherwise subject to licensing under ch. 291, Stats., and meet
the criteria in pars. (a) or (b) may be eligible for a standardized license
under subch. J of ch. NR 667. For existing HWM facilities, the requirements to
submit a license application is satisfied by submitting only part A until the
date the department sets for submitting the feasibility and plan of operation
report. Part A consists of Forms 1 and 3 of the EPA Consolidated Permit
Application Forms. Timely submission of both notification under s.
NR 660.07 and part A qualifies owners and operators of
existing HWM facilities (who are required to have a license) for an interim
license under s.
291.25,
Stats. Facility owners and operators with an interim license are treated as
having been issued an operating license until the department makes a final
determination on the operating license application. Facility owners and
operators with interim licenses shall comply with interim license standards set
forth at chs.
NR 665 and 666. Facility owners
and operators with interim licenses are not relieved from complying with other
state requirements. For existing HWM facilities, the department shall set a
date, giving at least 6 months notice, for submission of the feasibility and
plan of operation report. There is no form for the feasibility and plan of
operation report; rather, the report shall be submitted in narrative form and
contain the information set forth in ss.
NR 670.014 to 670.029. Owners or operators of new HWM
facilities shall submit the license application at least 180 days before
physical construction is expected to commence.
(a) The facility generates hazardous waste
and then stores or non-thermally treats the hazardous waste on-site in tanks,
containers, or containment buildings.
(b) The facility receives hazardous waste
generated off-site by a generator under the same ownership as the receiving
facility, and then stores or non-thermally treats the hazardous waste in tanks,
containers, or containment buildings.
Note: EPA part A form may be obtained from:
htttp://www.epa.gov/epaoswer/hazwaste/data/form8700/8700-23.pdf.
(3) SCOPE OF THE LICENSE
REQUIREMENT. Section
291.25(2),
Stats., requires a license for the operation of a treatment, storage or
disposal facility where any hazardous waste identified or listed in ch. NR 661
is managed. The terms "treatment," "storage," " disposal" and "hazardous waste"
are defined in s.
NR 660.10. Owners and operators of hazardous waste
management units shall have licenses during the active life (including the
closure period) of the unit. Owners and operators of surface impoundments,
landfills and waste pile units that received waste after July 26, 1982, or that
certified closure (according to s.
NR 665.0115) after January 26, 1983, shall have
long-term care licenses, unless they demonstrate closure by removal or
decontamination as provided under pars. (e) and (f), or obtain an enforceable
document in lieu of a long-term care license, as provided under par. (g). If a
long- term care license is required, the license shall address applicable ch.
NR 664 groundwater monitoring, unsaturated zone monitoring, corrective action
and long-term care requirements of this chapter. The denial of a license for
the active life of a hazardous waste management facility or unit does not
affect the requirement to obtain a long-term care license under this section.
(b)
Specific exclusions.The
following persons are among those who are not required to obtain a hazardous
waste license:
1. Generators who accumulate
hazardous waste on-site in compliance with all of the conditions for exemption
provided in ss.
NR 662.014, 662.015, 662.016, and 662.017.
2. Farmers who dispose of hazardous waste
pesticides from their own use as provided in s.
NR 662.070.
3. Persons who own or operate facilities
solely for the treatment, storage or disposal of hazardous waste excluded from
regulation under this chapter by s.
NR 661.0004 or 662.014, very small quantity generator
exemption.
4. Owners or operators
of totally enclosed treatment facilities as defined in s.
NR 660.10.
5.
Owners and operators of elementary neutralization units or wastewater treatment
units as defined in s.
NR 660.10.
6.
Licensed transporters storing manifested shipments of hazardous waste in
containers meeting the requirements of s.
NR 662.030 at a transfer facility for a period of 10 days
or less.
7. Persons adding
absorbent material to waste in a container (as defined in s.
NR 660.10) and persons adding waste to absorbent
material in a container, if these actions occur at the time waste is first
placed in the container; and ss.
NR 664.0017(2), 664.0171 and 664.0172
are complied with.
8. Universal
waste handlers and universal waste transporters (as defined in s.
NR 660.10) managing the wastes listed in subd. 8. a. to
d. These handlers are regulated under ch. NR 673.
a. Batteries as described in s.
NR 673.02.
b.
Pesticides as described in s.
NR 673.03.
c.
Mercury-containing equipment as described in s.
NR 673.04.
d.
Lamps as described in s.
NR 673.05.
9. Owners or operators of POTWs which accept
hazardous waste for treatment, if the owners or operators comply with all of
the following:
a. Have a WPDES
permit.
b. Comply with the
conditions of that permit.
c.
Comply with the notification requirements in s.
NR 660.07, the manifest requirements in ss.
NR 664.0071, 664.0072 and 664.0076, the operating record
requirements in ss.
NR 664.0073(1) and (2)
(a) and the annual reporting requirements in
s.
NR 664.0075.
d. For WPDES permits issued after November 8,
1984, POTWs shall comply with the corrective action requirements of s.
NR 664.0101.
e. Meet all federal, state and local
pretreatment requirements which would be applicable to the waste if it were
being discharged into the POTW through a sewer, pipe or similar
conveyance.
10. Owners or
operators of household and very small quantity generator hazardous waste
collection facilities, provided the applicable requirements of subch. HH of ch.
NR 666 are met.
11. A generator who
treats waste in containers or tanks, provided the requirements of ss.
NR 662.014, 662.016, and 662.017 are met.
24. Reverse distributors accumulating
potentially creditable hazardous waste pharmaceuticals and evaluated hazardous
waste pharmaceuticals, as defined in s.
NR 666.500. Reverse distributors are subject to
regulation under subch. P of ch. NR 666 for the accumulation of potentially
creditable hazardous waste pharmaceuticals and evaluated hazardous waste
pharmaceuticals.
(c)
Further exclusions.
1. A
person is not required to obtain a hazardous waste license for treatment or
containment activities taken during immediate response to any of the following
situations:
a. A discharge of a hazardous
waste.
b. An imminent and
substantial threat of a discharge of hazardous waste.
c. A discharge of a material which, when
discharged, becomes a hazardous waste.
d. An immediate threat to human health,
public safety, property or the environment from the known or suspected presence
of military munitions, other explosive material, or an explosive device, as
determined by an explosive or munitions emergency response specialist as
defined in s.
NR 660.10.
2. Any person who continues or initiates
hazardous waste treatment or containment activities after the immediate
response is over is subject to this chapter for those activities.
3. In the case of emergency responses
involving military munitions, the responding military emergency response
specialist's organizational unit shall retain records for 3 years identifying
the dates of the response, the responsible persons responding, the type and
description of material addressed, and its disposition.
(d)
Licenses for less than an entire
facility.The department may issue or deny a license for one or more
units at a facility without simultaneously issuing or denying a license to all
of the units at the facility. The interim license of any unit for which an
operating license has not been issued or denied is not affected by the issuance
or denial of an operating license to any other unit at the facility.
(e)
Closure by
removal.Owners or operators of surface impoundments and waste piles
closing by removal or decontamination under ch. NR 665 shall obtain a long-term
care license unless they can demonstrate to the department that the closure met
the standards for closure by removal or decontamination in s.
NR 664.0228 or 664.0258. The demonstration may be made in
any of the following ways:
1. If the owner or
operator has submitted a feasibility and plan of operation report for a
long-term care license, the owner or operator may request a determination,
based on information contained in the feasibility and plan of operation report,
that ch. NR 664 closure by removal standards were met. If the department
believes that ch. NR 664 standards were met, the department will notify the
public of this proposed decision, allow for public comment, and reach a final
determination according to the procedures in par. (f).
2. If the owner or operator has not submitted
a feasibility and plan of operation report for a long-term care license, the
owner or operator may petition the department for a determination that a
long-term care license is not required because the closure met the applicable
ch. NR 664 closure standards.
a. The petition
shall include data demonstrating that closure by removal or decontamination
standards were met, or it shall demonstrate that the unit closed under state
requirements that met or exceeded the applicable ch. NR 664 closure-by-removal
standard.
b. The department shall
approve or deny the petition according to the procedures outlined in par.
(f).
(f)
Procedures for closure equivalency determination.
1. If a facility owner or operator seeks an
equivalency demonstration under par. (e), the department will provide the
public, through a newspaper notice, the opportunity to submit written comments
on the information submitted by the owner or operator within 30 days from the
date of the notice. The department may also, in response to a request or at the
department's own discretion, hold a public hearing whenever a hearing might
clarify one or more issues concerning the equivalence of the ch. NR 665 closure
to a ch. NR 664 closure. The department will give public notice of the hearing
at least 30 days before it occurs. Public notice of the hearing may be given at
the same time as notice of the opportunity for the public to submit written
comments, and the 2 notices may be combined. Department determinations under
this chapter are made as part of the process for approving a feasibility and
plan of operation report or license under subch. III of ch. 289, Stats., or ch.
291, Stats., and are therefore exempt from s.
227.42(1),
Stats.
2. The department will
determine whether the ch. NR 665 closure met ch. NR 664 closure by removal or
decontamination requirements within 90 days of the receipt of the request under
subd. 1. If the department finds that the closure did not meet the applicable
ch. NR 664 standards, the department will provide the owner or operator with a
written statement of the reasons why the closure failed to meet ch. NR 664
standards. The owner or operator may submit additional information in support
of an equivalency demonstration within 30 days after receiving a written
statement. The department will review any additional information submitted and
make a final determination within 60 days.
3. If the department determines that the
facility did not close according to ch. NR 664 closure by removal standards,
the facility is subject to long-term care licensing
requirements.
(g)
Enforceable documents for long-term care. At the discretion of
the department or Regional Administrator, an owner or operator may obtain, in
lieu of long-term care license, an enforceable document imposing requirements
of s.
NR 665.0121. "Enforceable document" may include a special
order, variance, license, or plan approval issued by the department or
EPA.
