Wisconsin Administrative Code
Department of Natural Resources
NR 600-699 - Environmental Protection - Hazardous Waste Management
Chapter NR 670 - Hazardous Waste Licensing And Decisionmaking Procedures
Subchapter G - Interim Licenses
Section NR 670.072 - Modifications to an interim license
Universal Citation: WI Admin Code ยง NR 670.072
Current through August 26, 2024
(1)Except as provided in sub. (2), the owner or operator of an interim licensed facility may make the following modifications at the facility:
(a) Treatment, storage or disposal of new
hazardous wastes not previously identified in part A of the license application
which are newly listed or identified wastes, including the addition of the
units used to treat, store or dispose of the hazardous wastes on the effective
date of the listing or identification if the owner or operator submits a
revised part A license application and obtains an interim license modification
prior to the treatment, storage or disposal of these wastes.
(b) Increases in the design capacity of
processes used at the facility if the owner or operator submits a revised part
A license application prior to such a change, along with a justification
explaining the need for the change, and the department approves the changes for
either of the following:
1. There is a lack of
available treatment, storage or disposal capacity at other hazardous waste
management facilities.
2. The
change is necessary to comply with a federal or state requirement.
(c) Changes in the processes for
the treatment, storage or disposal of hazardous waste or addition of processes
if the owner or operator submits a revised part A license application prior to
such change, along with a justification explaining the need for the change, and
the department approves the change for either of the following:
1. The change is necessary to prevent a
threat to human health and the environment because of an emergency
situation.
2. The change is
necessary to comply with a federal or state requirement.
(d) Changes in the ownership or operational
control of a facility if the new owner or operator submits a revised part A
application no later than 90 days prior to the scheduled change. When a
transfer of operational control of a facility occurs, the old owner or operator
shall comply with subch. ch. NR 665, financial requirements, until the new
owner or operator has demonstrated to the department that the new owner or
operator is complying with that subchapter. The new owner or operator shall
demonstrate compliance with subch. within 6 months of the date of the change in
ownership or operational control of the facility. Upon demonstration to the
department by the new owner or operator of compliance with subch., the
department shall notify the old owner or operator in writing that the old owner
or operator no longer needs to comply with subch. as of the date of
demonstration. All other interim license duties are transferred effective
immediately upon the date of the change in ownership or operational control of
the facility.
(e) Changes made
according to an interim status or interim license corrective action order
issued by EPA under (h) or other federal authority, by the department under s.
291.37, Stats.,
or by a court in a judicial action brought by EPA or by the department. Changes
under this paragraph are limited to the treatment, storage or disposal of solid
waste from releases that originate within the boundary of the
facility.
(f) Addition of newly
regulated units for the treatment, storage or disposal of hazardous waste if
the owner or operator submits a revised part A application on or before the
date on which the unit becomes subject to the new requirements and obtain an
interim license modification prior to operating these units.
(2)Except as specifically allowed under this subsection, modifications listed under sub. (1) may not be made if they amount to reconstruction of the hazardous waste management facility. Reconstruction occurs when the capital investment in the changes to the facility exceeds 50 % of the capital cost of a comparable entirely new hazardous waste management facility. If all other requirements are met, the following modifications may be made even if they amount to a reconstruction:
(a) Modifications made solely for the
purposes of complying with s.
NR 665.0193 for tanks and ancillary equipment.
(b) If necessary to comply with federal or
state requirements, modifications to an existing unit, modifications solely
involving tanks or containers or addition of replacement surface impoundments
that satisfy the standards of ch. 291, Stats., and chs. NR 660 to
679.
(c) Modifications that are necessary to allow
owners or operators to continue handling newly listed or identified hazardous
wastes that have been treated, stored or disposed of at the facility prior to
the effective date of the rule establishing the new listing or
identification.
(d) Modifications
during closure of a facility or of a unit within a facility made according to
an approved closure plan.
(e)
Modifications necessary to comply with an interim status or interim license
corrective action order issued by EPA under (h) or other federal authority, by
the department under s.
291.37, Stats.,
or by a court in a judicial proceeding brought by EPA or the department, if the
modifications are limited to the treatment, storage or disposal of solid waste
from releases that originate within the boundary of the facility.
(f) Modifications to treat or store, in
tanks, containers or containment buildings, hazardous wastes subject to land
disposal restrictions imposed by ch. NR 668, if the changes are made solely for
the purpose of complying with ch. NR 668.
(g) Addition of newly regulated units under
sub. (1) (f).
(h) Modifications
necessary to comply with standards under, subpart EEE- national emission
standards for hazardous air pollutants from hazardous waste
combustors.
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