Current through August 26, 2024
(1) LICENSE
APPLICATION. Any person who is required to have a license (including new
applicants and licensees with expiring 10 year operating licenses) shall
complete, sign, and submit two copies of the license application to the
department as described in this section and ss.
NR 670.070 to 670.073. A person currently authorized with
an interim license shall submit the feasibility and plan of operation report
when required by the department. Procedures for applications, issuance and
administration of emergency licenses are found in s.
NR 670.061.
Procedures for application, issuance and administration of research,
development, and demonstration licenses are found in s.
NR 670.065. Procedures for applications, issuance, and
administration of standardized licenses are found in subchs. J and M.
(2) WHO APPLIES? When a facility or activity
is owned by one person but is operated by another person, it is the operator's
duty to obtain a license, except that the owner shall also sign the license
application.
(3) COMPLETENESS. The
department may not issue an operating license before receiving a complete
license application and for new facilities, before the owner or operator
completes construction in compliance with the approved feasibility and plan of
operation report except for emergency licenses. An application for an operating
license is complete when the department receives a part A application form, the
feasibility and plan of operation report, and any supplemental information
which are completed to the department's satisfaction. An application for a
license is complete notwithstanding the failure of the owner or operator to
submit the exposure information described in sub. (10). The department may deny
a license for the active life of a hazardous waste management facility or unit
before receiving a complete application for a license.
(4) INFORMATION REQUIREMENTS. All applicants
for licenses shall provide information set forth in s.
NR 670.013 and applicable sections in ss.
NR 670.014 to 670.029 to the department. Part A of the
license application shall be submitted on the EPA application form
8700-023.
(5) EXISTING HWM
FACILITIES AND INTERIM LICENSE QUALIFICATIONS.
(a) Owners and operators of existing
hazardous waste management facilities or of hazardous waste management
facilities in existence on the effective date of the statute or rule that first
rendered the facility subject to the requirement to have a hazardous waste
license shall submit part A of the license application no later than any of the
following:
1. The date of publication of rules
which first require them to comply with the standards set forth in ch. NR 665
or 666.
2. Thirty days after the
date they first become subject to the standards set forth in ch. NR 665 or 666,
whichever first occurs.
3. For
generators generating greater than 100 kilograms but less than 1000 kilograms
of hazardous waste in a calendar month and treats, stores or disposes of these
wastes on-site, by March 24, 1987.
(d) The owner or operator of an existing
hazardous waste management facility shall submit a feasibility and plan of
operation report. Any owner or operator shall be allowed at least 6 months from
the date of request to submit the feasibility and plan of operation report. Any
owner or operator of an existing hazardous waste management facility may
voluntarily submit a feasibility and plan of operation report at any time.
Notwithstanding the above, any owner or operator of an existing hazardous waste
management facility shall submit a feasibility and plan of operation report
according to the dates specified in s.
NR 670.073. Any owner or operator of a land disposal
facility in existence on the effective date of statutory or regulatory
amendments under ss. NR 660 to 679 and ch. 291, Stats., that render the
facility subject to the requirement to have a hazardous waste license shall
submit a feasibility and plan of operation report according to the dates
specified in s.
NR 670.073.
(e) Failure to furnish a requested
feasibility and plan of operation report on time, or to furnish in full the
information required by the feasibility and plan of operation report, is
grounds for revocation of an interim license under this chapter.
(6) NEW HWM FACILITIES.
(a) Except as provided in par. (c), no person
may begin physical construction of a new HWM facility without having submitted
the license application and having received final approval of the feasibility
and plan of operation report.
(b) A
license application for a new hazardous waste management facility, including
both part A and a feasibility and plan of operation report may be filed any
time after promulgation of those standards in subch. I of ch. NR 664 applicable
to the facility. Except as provided in par. (c), all applications shall be
submitted at least 180 days before physical construction is expected to
commence.
(c) Notwithstanding par.
(a), a person may construct a facility for the incineration of polychlorinated
biphenyls pursuant to an approval issued by the EPA region 5 administrator
under section (6) (e) of the Toxic Substances Control Act and any person owning
or operating such a facility may, at any time after construction or operation
of the facility has begun, file an application for a hazardous waste license to
incinerate hazardous waste authorizing the facility to incinerate waste
identified or listed under ch. NR 661.
(7) UPDATING LICENSE APPLICATIONS.
(a) If any owner or operator of a hazardous
waste management facility has filed Part A of a license application and has not
yet submitted a feasibility and plan of operation report, the owner or operator
shall file an amended part A application if any of the following applies:
2. With the department, no later than the
effective date of rules listing or designating wastes as hazardous in Wisconsin
in addition to those already listed or designated, if the facility is treating,
storing or disposing of any of those newly listed or designated
wastes.
3. As necessary to comply
with s.
NR 670.072 for changes to the interim license. Revised
Part A applications necessary to comply with s.
NR 670.072 shall be filed with the department.
(b) The owner or operator of a
facility who fails to comply with the updating requirements of par. (a) does
not receive an interim license as to the wastes not covered by duly filed part
A applications.
(8)
REAPPLICATION FOR AN OPERATING LICENSE. The owner or operator of any HWM
facility with an operating license shall either re-submit a license application
at least 180 days before the expiration date of the operating license, unless
permission for a later date has been granted by the department, or submit a
notice of intent for a standardized license as described in s.
NR 670.051(5) (a) at least 180 days
before the expiration date of the operating license, unless the department
allows a later date. The department may not allow a facility to submit
applications or notices of intent later than the expiration date of the
operating license, except as allowed by s.
NR 670.051(5) (b).
(9) RECORDKEEPING. Applicants shall keep
records of all data used to complete license applications and any supplemental
information submitted under sub. (4), ss.
NR 670.013 and 670.014 to 670.021 for a period of at
least 3 years from the date the application is signed.
(10) EXPOSURE INFORMATION.
(a) After August 8, 1985, any feasibility and
plan of operation report submitted by an owner or operator of a facility that
stores, treats or disposes of hazardous waste in a surface impoundment or a
landfill shall include a list of all persons living within 0.5 mile of the
facility and be accompanied by information, reasonably ascertainable by the
owner or operator, on the potential for the public to be exposed to hazardous
wastes or hazardous constituents through releases related to the unit. At a
minimum, the information shall address all of the following:
1. Reasonably foreseeable potential releases
from both normal operations and accidents at the unit, including releases
associated with transportation to or from the unit.
2. The potential pathways of human exposure
to hazardous wastes or constituents resulting from the releases described under
subd. 1.
3. The potential magnitude
and nature of the human exposure resulting from the releases.
(11) ADDITIONAL
INFORMATION. The department may require a licensee or an applicant to submit
information in order to establish license conditions under ss.
NR 670.032(2)
(b) and 670.050(4).
(12) FEES. The plan review or license fee
specified in ch. NR 670 Appendix II shall accompany all license applications,
plans, reports, and other documents submitted to the department for
approval.
(13) ADDITIONAL AIR
EMISSION REQUIREMENTS. If the department concludes, based on one or more of the
factors listed in par. (a), that compliance with the standards of 40 CFR part
63, subpart EEE alone may not be protective of human health or the environment,
the department will require the additional information or assessments necessary
to determine whether additional controls are necessary to ensure protection of
human health and the environment. This includes information necessary to
evaluate the potential risk to human health or the environment resulting from
both direct and indirect exposure pathways. The department may also require a
licensee or applicant to provide information necessary to determine whether
these assessments should be required.
(a) The
department will base the evaluation of whether compliance with the standards of
40 CFR part 63, subpart EEE alone is protective of human health or the
environment on factors relevant to the potential risk from a hazardous waste
combustion unit, including, as appropriate, any of the following factors:
1. Particular site-specific considerations
such as proximity to receptors (such as schools, hospitals, nursing homes, day
care centers, parks, community activity centers, or other potentially sensitive
receptors), unique dispersion patterns, and other relevant factors.
2. Identities and quantities of emissions of
persistent, bioaccumulative, or toxic pollutants considering enforceable
controls in place to limit those pollutants.
3. Identities and quantities of non-dioxin
products of incomplete combustion most likely to be emitted and to pose
significant risk based on known toxicities (confirmation of which should be
made through emissions testing).
4.
Identities and quantities of other off-site sources of pollutants in proximity
of the facility that significantly influence interpretation of a
facility-specific risk assessment.
5. Presence of significant ecological
considerations, such as the proximity of a particularly sensitive ecological
area.
6. Volume and types of
wastes, for example wastes containing highly toxic constituents.
7. Other on-site sources of hazardous air
pollutants that significantly influence interpretation of the risk posed by the
operation of the source in question.
8. Adequacy of any previously conducted risk
assessment, given any subsequent changes in conditions likely to affect
risk.
9. Other factors as may be
appropriate.
