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 HistoryHistory: 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 670.043NR 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 HistoryHistory: 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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 670.051NR 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 HistoryHistory: 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: NR 670.061(1)(a)(a) A non-licensed facility to allow treatment, storage or disposal of hazardous waste. NR 670.061(1)(b)(b) A licensed facility to allow treatment, storage or disposal of a hazardous waste not covered by an effective license. NR 670.061(2)(a)(a) May be oral or written. If oral, it shall be followed in 5 days by a written emergency license. NR 670.061(2)(c)(c) Shall clearly specify the hazardous wastes to be received, and the manner and location of their treatment, storage or disposal. NR 670.061(2)(d)(d) May be revoked by the department at any time without process if the department determines that revocation is appropriate to protect human health and the environment. NR 670.061(2)(e)4.4. A brief description of the action authorized and reasons for authorizing it. NR 670.061(2)(f)(f) Shall incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of this chapter and chs. NR 664 and 666. NR 670.061 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 670.062NR 670.062 Hazardous waste incinerator licenses. When an owner or operator of a hazardous waste incineration unit becomes subject to hazardous waste licensing requirements after October 12, 2005, or when an owner or operator of an existing hazardous waste incineration unit demonstrates compliance with the air emission standards and limitations in 40 CFR part 63, subpart EEE (for instance, by conducting a comprehensive performance test and submitting a notification of compliance under 40 CFR 63.1207(j) and 63.1210(d) documenting compliance with 40 CFR part 63, subpart EEE), the requirements of this section do not apply, except those provisions the department determines are necessary to ensure compliance with s. NR 664.0345 (1) and (3) if the owner or operator elects to comply with s. NR 670.235 (1) (a) 1. to minimize emissions of toxic compounds from startup, shutdown and malfunction events. The department may apply the provisions of this section, on a case-by-case basis, for purposes of information collection according to ss. NR 670.010 (11) and (13) and 670.032 (2) (b) and (c). NR 670.062(1)(1) For the purposes of determining operational readiness following completion of physical construction, the department shall establish license conditions, including but not limited to allowable waste feeds and operating conditions, in the license to a new hazardous waste incinerator. These license conditions will be effective for the minimum time required to bring the incinerator to a point of operational readiness to conduct a trial burn, not to exceed 720 hours operating time for treatment of hazardous waste. The department may extend the duration of this operational period once, for up to 720 additional hours, at the request of the applicant when good cause is shown. The license may be modified to reflect the extension according to s. NR 670.042. NR 670.062(1)(a)(a) Applicants shall submit a statement, with the feasibility and plan of operation report, which suggests the conditions necessary to operate in compliance with the performance standards of s. NR 664.0343 during this period. This statement shall include, at a minimum, restrictions on waste constituents, waste feed rates and the operating parameters identified in s. NR 664.0345. NR 670.062(1)(b)(b) The department will review this statement and any other relevant information submitted with the feasibility and plan of operation report and specify requirements for this period sufficient to meet the performance standards of s. NR 664.0343 based on the department’s engineering judgment. NR 670.062(2)(2) For the purposes of determining feasibility of compliance with the performance standards of s. NR 664.0343 and of determining adequate operating conditions under s. NR 664.0345, the department shall establish conditions in the license for a new hazardous waste incinerator to be effective during the trial burn. NR 670.062(2)(a)(a) Applicants shall propose a trial burn plan, prepared under par. (b) with a feasibility and plan of operation report. NR 670.062(2)(b)(b) The trial burn plan shall include all of the following information: NR 670.062(2)(b)1.1. An analysis of each waste or mixture of wastes to be burned which includes all of the following: NR 670.062(2)(b)1.a.a. Heat value of the waste in the form and composition in which it will be burned. NR 670.062(2)(b)1.c.c. An identification of any hazardous organic constituents listed in ch. NR 661 Appendix VIII, which are present in the waste to be burned, except that the applicant need not analyze for constituents listed in ch. NR 661 Appendix VIII, which would reasonably not be expected to be found in the waste. Identify the constituents excluded from analysis and state the basis for the exclusion. The waste analysis shall rely on appropriate analytical techniques. NR 670.062(2)(b)1.d.d. An approximate quantification of the hazardous constituents identified in the waste, within the precision produced by appropriate analytical methods. NR 670.062(2)(b)2.2. A detailed engineering description of the incinerator for which the license is sought including all of the following:
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