NR 670.001(1)(b)(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. NR 670.001(1)(c)(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. NR 670.001(2)(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. NR 670.001(2)(a)(a) The facility generates hazardous waste and then stores or non-thermally treats the hazardous waste on-site in tanks, containers, or containment buildings. NR 670.001(2)(b)(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. NR 670.001(3)(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. NR 670.001(3)(b)(b) Specific exclusions. The following persons are among those who are not required to obtain a hazardous waste license: NR 670.001(3)(b)3.3. 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. NR 670.001(3)(b)6.6. 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. NR 670.001(3)(b)7.7. 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. NR 670.001(3)(b)8.8. 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. NR 670.001(3)(b)9.9. Owners or operators of POTWs which accept hazardous waste for treatment, if the owners or operators comply with all of the following: NR 670.001(3)(b)9.e.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. NR 670.001(3)(b)10.10. 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. NR 670.001(3)(b)24.24. 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. NR 670.001(3)(c)1.1. 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: NR 670.001(3)(c)1.d.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. NR 670.001(3)(c)2.2. 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. NR 670.001(3)(c)3.3. 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. NR 670.001(3)(d)(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. NR 670.001(3)(e)(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: NR 670.001(3)(e)1.1. 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). NR 670.001(3)(e)2.2. 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. NR 670.001(3)(e)2.a.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. NR 670.001(3)(e)2.b.b. The department shall approve or deny the petition according to the procedures outlined in par. (f). NR 670.001(3)(f)1.1. 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. NR 670.001(3)(f)2.2. 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. NR 670.001(3)(f)3.3. 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. NR 670.001(3)(g)(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. NR 670.001 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: renum. (2) to (2) (intro.) and am., cr. (2) (a), (b), am. (3) (b) 8. c. Register July 2017 No. 739, eff. 8-1-17; CR 19-082: cr. (1) (c), am. (3) (intro.), (b) 1., 3., 11., cr. (3) (b) 24., am. (3) (g) Register August 2020 No. 776, eff. 9-1-20; correction in (3) (intro.) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (3) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784. NR 670.002NR 670.002 Definitions. The following definitions apply to this chapter: NR 670.002(1)(1) “Closure” means the act of securing a hazardous waste management facility pursuant to ch. NR 664 and in compliance with the operating license or approved closure plan under s. 291.29, Stats. NR 670.002(2)(2) “Component” means any constituent part of a unit or any group of constituent parts of a unit which are assembled to perform a specific function (e.g., a pump seal, pump, kiln liner, kiln thermocouple). NR 670.002(3)(3) “Corrective Action Management Unit” or “CAMU” means an area within a facility that is designated by the department under subch. S of ch. NR 664, for the purpose of implementing corrective action requirements s. NR 664.0101 and s. 291.37, Stats, or 42 USC 6928 (h). A CAMU shall only be used for the management of remediation wastes pursuant to implementing corrective action requirements at the facility. NR 670.002(6)(6) “Facility” or “activity” means any HWM facility or any other facility or activity (including land or appurtenances thereto) that is regulated under ch. 291, Stats., and chs. NR 660 to 673. NR 670.002(7)(7) “Feasibility and plan of operation report” means a report required by the department under s. 289.30 (3), Stats., that includes a description of the facility and operation in terms of land use, topography, soils, geology, groundwater, surface water, design, construction, operation, maintenance, closure and long-term care. NR 670.002(8)(8) “Federal, state and local approvals, permits or licenses necessary to begin physical construction” means permits, licenses and approvals required under federal, state or local hazardous waste control statutes, regulations or ordinances. NR 670.002(9)(9) “Final authorization” means approval by EPA of a State program which has met section 3006(b) of RCRA and the applicable requirements of 40 CFR part 271, subpart A. NR 670.002(10)(10) “Functionally equivalent component” means a component which performs the same function or measurement and which meets or exceeds the performance specifications of another component. NR 670.002(11)(11) “Hazardous waste management facility” or “HWM facility” means all contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing or disposing of hazardous waste. A facility may consist of several treatment, storage or disposal operational units (for example, one or more landfills, surface impoundments or combinations of them). NR 670.002(12)(12) “Interim authorization” means approval by EPA of a state hazardous waste program which has met the requirements of section 3006(g)(2) of RCRA and applicable requirements of 40 CFR part 271, subpart B. NR 670.002(13)(13) “Interim license” means a license that grants the licensee permission to operate an existing hazardous waste treatment, storage or disposal facility in compliance with its terms or conditions and the requirements of ch. NR 665. NR 670.002(14)(14) “License” means an approval issued by the department under this chapter that grants the licensee permission to operate a hazardous waste treatment, storage or disposal facility. “License” includes an operating license, interim license, emergency license, and standardized license. NR 670.002(15)(15) “License application” means the EPA Part A form and the feasibility and plan of operation report for applying for an operating license, including any additions, revisions or modifications to the form or report. The specific requirements for the Part A application are in s. NR 670.013. The specific requirements for the feasibility and plan of operation report are in ss. NR 670.014 to 670.029. NR 670.002(16)(16) “Major facility” means any facility or activity classified as such by the EPA region 5 administrator in conjunction with the department. NR 670.002(17)(17) “Operating license” means an annual license that incorporates a feasibility and plan of operation report approval and grants the licensee permission to operate a hazardous waste treatment, storage or disposal facility in compliance with that approval, chs. NR 660 to 679 and ch. 291, Stats. NR 670.002(18)(18) “Owner or operator” means the owner or operator of any facility or activity regulated under ch. 291, Stats., and chs. NR 660 to 673. NR 670.002(19)(19) “Permit” means an authorization, license, or equivalent control document issued by EPA or an approved State to implement the requirements of 40 CFR parts 270, 271, and 124. Permit includes permit by rule (40 CFR 270.60), emergency permit (40 CFR 270.61) and standardized permit (40 CFR part 270 subpart J). Permit does not include RCRA interim status (40 CFR part 270 subpart G), or any permit which has not yet been the subject of final action by EPA, such as a draft permit or a proposed permit. NR 670.002(20)(20) “Physical construction” means excavation, movement of earth, erection of forms or structures, or similar activity to prepare an HWM facility to accept hazardous waste. NR 670.002(21)(21) “RCRA” means the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 (Pub. L. 94-580, as amended by Pub. L. 95-609 and Pub. L. 96-482, 42 USC 6901 et seq.). NR 670.002(22)(22) “Schedule of compliance” means a schedule of remedial measures included in a license, including an enforceable sequence of interim requirements (for example, actions, operations or milestone events) leading to compliance with ch. 291, Stats., and chs. NR 660 to 673. NR 670.002(23)(23) “Site” means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity. NR 670.002(23m)(23m) “Standardized license” means a license issued by the department under ch. NR 670 authorizing the facility owner or operator to manage hazardous waste. The standardized license may have 2 parts: a uniform portion issued in all cases and a supplemental portion issued at the department’s discretion. NR 670.002(25)(25) “Underground source of drinking water” means an aquifer or its portion which supplies any public water system or contains a sufficient quantity of groundwater to supply a public water system and either of the following: NR 670.002(26)(26) Wisconsin pollutant discharge elimination system (WPDES) means the permit issued by the department under ch. 283, Stats., for the discharge of pollutants. NR 670.002 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (14), (19), cr. (23m) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (3) Register August 2020 No. 776, eff. 9-1-20. NR 670.004(1)(1) Compliance with a hazardous waste license during its term constitutes compliance, for purposes of enforcement, with ch. 291, Stats., and chs. NR 660 to 673 except for the following: NR 670.004(1)(a)(a) Those requirements not included in the license which become effective by statute. NR 670.004(1)(b)(b) Those requirements in ch. NR 668 restricting the placement of hazardous wastes in or on the land. NR 670.004(1)(c)(c) Those requirements in ch. NR 664 regarding leak detection systems for new and replacement surface impoundment, waste pile and landfill units, and lateral expansions of surface impoundment, waste pile and landfill units. The leak detection system requirements include double liners, CQA programs, monitoring, action leakage rates and response action plans, and will be implemented through the procedures of s. NR 670.042 Class 1 license modifications. NR 670.004(2)(2) A permit may be modified, revoked and reissued, or terminated during its term for cause as set forth in ss. NR 670.041 and 670.043, or the permit may be modified upon the request of the permittee as set forth in s. NR 670.042. NR 670.004(3)(3) The issuance of a license does not convey any property rights of any sort, or any exclusive privilege.
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