NR 670.042(4)(b)
(b) The department shall make the determination described in par.
(a) as promptly as practicable. In determining the appropriate class for a specific modification, the department shall consider the similarity of the modification to other modifications codified in ch.
NR 670 Appendix I and all of the following criteria:
NR 670.042(4)(b)1.
1. Class 1 modifications apply to minor changes that keep the license current with routine changes to the facility or its operation. These changes do not substantially alter the license conditions or reduce the capacity of the facility to protect human health or the environment. In the case of class 1 modifications, the department may require prior approval.
NR 670.042(4)(b)2.
2. Class 2 modifications apply to changes that are necessary to enable a licensee to respond, in a timely manner, such as the following:
NR 670.042(4)(b)2.a.
a. Common variations in the types and quantities of the wastes managed under the facility license.
NR 670.042(4)(b)2.c.
c. Changes necessary to comply with new rules, where these changes can be implemented without substantially changing design specifications or management practices in the license.
NR 670.042(4)(b)3.
3. Class 3 modifications substantially alter the facility or its operation.
NR 670.042(5)(a)(a) Upon request of the licensee, the department may, without prior public notice and comment, grant the licensee a temporary authorization according to this subsection. Temporary authorizations shall have a term of not more than 180 days.
NR 670.042(5)(b)1.b.
b. Any class 3 modification that meets the criteria in par.
(c) 2. a. or
b.; or that meets the criteria in pars.
(c) 2. c. to
e. and provides improved management or treatment of a hazardous waste already listed in the facility license.
NR 670.042(5)(b)2.
2. The temporary authorization request shall include all of the following:
NR 670.042(5)(b)2.a.
a. A description of the activities to be conducted under the temporary authorization.
NR 670.042(5)(b)3.
3. The licensee shall send a notice about the temporary authorization request to all persons on the facility mailing list and to appropriate units of state and local governments as identified in s.
NR 670.410 (3) (a) 9. to
11. This notification shall be made within 7 days of submission of the authorization request.
NR 670.042(5)(c)
(c) The department shall approve or deny the temporary authorization as quickly as practical. To issue a temporary authorization, the department shall find:
NR 670.042(5)(c)2.
2. The temporary authorization is necessary to achieve one of the following objectives before action is likely to be taken on a modification request:
NR 670.042(5)(c)2.a.
a. To facilitate timely implementation of closure or corrective action activities.
NR 670.042(5)(c)2.b.
b. To allow treatment or storage in tanks or containers, or in containment buildings according to ch.
NR 668.
NR 670.042(5)(c)2.d.
d. To enable the licensee to respond to sudden changes in the types or quantities of the wastes managed under the facility license.
NR 670.042(5)(d)
(d) A temporary authorization may be reissued for one additional term of up to 180 days if the licensee has requested a class 2 or 3 license modification for the activity covered in the temporary authorization, and
NR 670.042(5)(d)1.
1. The reissued temporary authorization constitutes the department's decision on a class 2 license modification according to sub.
(2) (f) 1. d. NR 670.042(5)(d)2.
2. The department determines that the reissued temporary authorization involving a class 3 license modification request is warranted to allow the authorized activities to continue while the modification procedures of sub.
(3) are conducted.
NR 670.042(6)
(6)
Public notice and appeals of license modification decisions. NR 670.042(6)(a)(a) The department shall notify persons on the facility mailing list and appropriate units of state and local government as identified in s.
NR 670.410 (3) (a) 9. to
11. within 10 days of any decision under this section to grant or deny a class 2 or 3 license modification request.
NR 670.042(6)(b)
(b) The department's decision to grant or deny a class 2 or 3 license modification request under this section may be appealed under the license appeal procedures of ss.
227.52 and
227.53, Stats. 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 670.042(7)(a)
(a) The licensee is authorized to continue to manage wastes listed or identified as hazardous under ch.
NR 661, or to continue to manage hazardous waste in units newly regulated as hazardous waste management units, if all of the following apply:
NR 670.042(7)(a)1.
1. The unit was in existence as a hazardous waste facility with respect to the newly listed or characterized waste or newly regulated waste management unit on the effective date of the final rule listing or identifying the waste, or regulating the unit.
NR 670.042(7)(a)2.
2. The licensee submits a class 1 modification request on or before the date on which the waste or unit becomes subject to the new requirements.
NR 670.042(7)(a)4.
4. The licensee also submits a complete class 2 or 3 modification request within 180 days of the effective date of the rule listing or identifying the waste, or subjecting the unit to ch.
291, Stats., and chs.
NR 660 to
673 management standards.
NR 670.042(7)(a)5.
5. In the case of land disposal units, the licensee certifies that each unit is in compliance with ch.
NR 665 for groundwater monitoring and financial responsibility on the date 12 months after the effective date of the rule identifying or listing the waste as hazardous, or regulating the unit as a hazardous waste management unit. If the owner or operator fails to certify compliance with all these requirements, the owner or operator will lose authority to operate under this section.
NR 670.042(8)
(8)
Military hazardous waste munitions treatment and disposal. The licensee is authorized to continue to accept waste military munitions notwithstanding any license conditions barring the licensee from accepting off-site wastes, if all of the following apply:
NR 670.042(8)(a)
(a) The facility was in existence as a hazardous waste facility, and the facility was already permitted to handle the waste military munitions, on the date when the waste military munitions became subject to hazardous waste regulatory requirements.
NR 670.042(8)(b)
(b) On or before the date when the waste military munitions become subject to hazardous waste regulatory requirements, the licensee submits a class 1 modification request to remove or amend the license provision restricting the receipt of off-site waste munitions.
NR 670.042(8)(c)
(c) The licensee submits a complete class 2 modification request within 180 days of the date when the waste military munitions became subject to hazardous waste regulatory requirements.
NR 670.042(9)
(9)
License modification list. The department shall maintain a list of all approved license modifications and shall publish a notice once a year in a statewide newspaper that an updated list is available for review.
NR 670.042(10)
(10)
Combustion facility changes to meet 40 CFR part 63 MACT standards. The following procedures apply to hazardous waste combustion facility license modifications requested under section L (9) of ch.
NR 670 Appendix I.
NR 670.042(10)(a)
(a) Facility owners or operators shall have complied with the notification of intent to comply (NIC) requirements of
40 CFR 63.1210 that were in effect prior to October 11, 2000, (See
40 CFR part 63.1200 to
63.1499 revised as of July 1, 2000) in order to request a license modification under this section for the purpose of technology changes needed to meet the standards under
40 CFR 63.1203,
63.1204, and
63.1205.
NR 670.042(11)
(11)
Waiver of license conditions in support of transition to the part 63 MACT standards. NR 670.042(11)(a)
(a) The owner or operator may request to have specific facility operating and emissions limits waived by submitting a class 1 license modification request under section L (10) of ch.
NR 670 Appendix I. The owner or operator shall:
NR 670.042(11)(a)1.
1. Identify the specific license operating and emissions limits which the owner or operator is requesting to waive.
NR 670.042(11)(a)2.
2. Provide an explanation of why the changes are necessary in order to minimize or eliminate conflicts between the hazardous waste license and MACT compliance.
NR 670.042(11)(b)
(b) The department shall approve or deny the request within 30 days of receipt of the request. The department may, at its discretion, extend this 30 day deadline one time for up to 30 days by notifying the facility owner or operator.
NR 670.042(11)(c)
(c) To request this modification in conjunction with MACT performance testing where permit limits may only be waived during actual test events and pretesting, as defined under
40 CFR 63.1207(h)(2)(i) and (ii), for an aggregate time not to exceed 720 hours of operation (renewable at the discretion of the department) the owner or operator shall submit a modification request to the department at the same time the test plans are submitted to the department. The department may elect to approve or deny the request contingent upon approval of the test plans.
NR 670.042 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06; corrections in (1) (a) (intro.), (b), (2) (a) (intro.), (3) (a) (intro.), (4) (a), (b), (10) (intro.) made under s.
13.92 (4) (b) 7., Stats.,
Register March 2013 No. 687;
CR 16-007: am. (1) (a) (intro.), 2., (2) (b) (intro.), (g) (intro.), (3) (b) (intro.), (5) (b) 3., r. and recr. (10), cr. (11)
Register July 2017 No. 739, eff. 8-1-17; correction in (5) (b) 3. made under s.
13.92 (4) (b) 7., Stats.,
Register July 2017 No. 739;
CR 19-082: am. (1) (a) 2., (b), (2) (b) (intro.), (3) (b) (intro.), (4) (b) 2., (5) (b) 3. and (6) (a)
Register August 2020 No. 776, eff. 9-1-20; correction in (1) (b) made under s.
35.17, Stats.,
Register August 2020 No. 776.
NR 670.043
NR 670.043 Revocation, suspension or denial of licenses. NR 670.043(1)(1)
Any of the following are causes for denying, suspending, or revoking a license, or for denying a license application:
NR 670.043(1)(a)
(a) Noncompliance by the applicant or licensee with any condition of the license or any applicable provisions of chs.
NR 660 to
NR 679 or ch.
291, Stats.
NR 670.043(1)(b)
(b) The applicant or licensee's failure in the license application or during the license issuance process to disclose fully all relevant facts, or the applicant or licensee's misrepresentation of any relevant facts at any time.
NR 670.043(1)(c)
(c) A determination that the licensed activity endangers human health or the environment and can only be regulated to acceptable levels by license denial, suspension or revocation.
NR 670.043(2)
(2) The department shall follow the procedures in s.
291.87, Stats., in revoking, suspending or denying any license under this section.
NR 670.043 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 670.050(1)(1)
Operating licenses shall be effective for a fixed term of no more than 10 years, but are subject to annual renewal during that term.
NR 670.050(2)
(2) Except as provided in s.
NR 670.051, the term of an operating license may not be extended by modification beyond the maximum duration specified in this section.
NR 670.050(3)
(3) The department may issue any operating license for a duration that is less than the full allowable term under this section.
NR 670.050(4)
(4) Each operating license for a land disposal facility shall be reviewed by the department 5 years after the date of license issuance or reissuance and shall be modified as necessary, as provided in s.
NR 670.041.
NR 670.050 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 670.051
NR 670.051 Continuation of expiring operating licenses. NR 670.051(1)(1)
The conditions of an expired operating license continue in force until the department takes final action on a complete application if:
NR 670.051(1)(b)
(b) The department through no fault of the licensee, does not issue a new operating license with an effective date under s.
NR 670.415 on or before the expiration date of the previous license, for example, when issuance is impracticable due to time or resource constraints.
NR 670.051(2)
(2) Operating licenses continued under this section remain fully effective and enforceable.
NR 670.051(3)
(3) When the licensee is not in compliance with the conditions of the expiring or expired operating license, the department may choose to do any of the following:
NR 670.051(3)(a)
(a) Initiate enforcement action based upon the operating license which has been continued.
NR 670.051(3)(b)
(b) Issue a preliminary determination to deny the new operating license under s.
NR 670.406. If the new operating license is denied, the owner or operator shall cease the activities authorized by the continued license or be subject to enforcement action for operating without a license.
NR 670.051(3)(c)
(c) Issue a new operating license under subch.
L with appropriate conditions.
NR 670.051(5)(a)(a) The conditions of your expired standardized license continue until the effective date of your new license if all of the following are true:
NR 670.051(5)(a)3.
3. If the department, through no fault on your part, does not issue your license before your previous license expires (for example, where it is impractical to make the license effective by that date because of time or resource constraints).
NR 670.051(5)(b)
(b) In some cases, the department may notify you that you are not eligible for a standardized license (see s.
NR 670.506). In those cases, the conditions of your expired license will continue if you submit the information specified in sub.
(1) (a) (that is, a complete application for a new license) within 60 days after you receive our notification that you are not eligible for a standardized license.
NR 670.051 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 16-007: cr. (5)
Register July 2017 No. 739, eff. 8-1-17.
NR 670.061(1)(1)
Notwithstanding any other provision of this chapter, in the event the department finds an imminent and substantial endangerment to human health or the environment the department may issue a temporary emergency license to either of the following:
