Chapter NR 670

NR 670.066 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (3) (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: r. and recr. (intro.), am. (3) (b) 1., 2. Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (4) (c) (intro.) Register August 2020 No. 776, eff. 9-1-20.

NR 670.067 NR 670.067 Standardized licenses for storage and treatment units. Standardized licenses are special forms of licenses for owners or operators of treatment or storage facilities that:

NR 670.067(1) (1) Generate hazardous waste and then non-thermally treat or store the hazardous waste on-site in tanks, containers, or containment buildings.

NR 670.067(2) (2) Receive hazardous waste generated off-site by a generator under the same ownership as the receiving facility and then store or non-thermally treat the hazardous waste in tanks, containers, or containment buildings. Standardized license facility owners or operators are regulated under ch. NR 667 and subch. J.

NR 670.067 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 670.068 NR 670.068 Remediation Variances. Remediation variances are special forms of licenses that are issued under subch. H.

NR 670.068 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. G of ch. NR 670 Subchapter G — Interim Licenses

NR 670.070 NR 670.070 Qualifying for an interim license.

NR 670.070(1) (1) Any person who owns or operates an existing HWM facility or a facility in existence on the effective date of a statute or rule that renders the facility subject to the requirement to have an operating license shall apply for an interim license and comply with:

NR 670.070(1)(a) (a) The requirements of s. NR 660.07 pertaining to notification of hazardous waste activity.

NR 670.070 Note Note: Some existing facilities may not be required to file a notification under s. NR 660.07. These facilities may qualify for an interim license by meeting sub. (1) (b).

NR 670.070(1)(b) (b) The requirements of ss. NR 670.010 and 670.011 pertaining to the submission of the part A application.

NR 670.070(2) (2) If the department has reason to believe upon examination of a part A application that it fails to meet s. NR 670.013, the department shall notify the owner or operator in writing of the apparent deficiency. The notice shall specify the grounds for the department’s belief that the application is deficient. The owner or operator shall have 30 days from receipt to respond to such a notification and to explain or cure the alleged deficiency in the owner or operator’s part A application. If, after the notification and opportunity for response, the department determines that the application is deficient it may take appropriate enforcement action.

NR 670.070(3) (3) If the department fails to make a decision within 90 days of receiving a complete Part A application, the department shall refund the interim license review fee paid by the applicant.

NR 670.070(4) (4) Subsection (1) does not apply to any facility which has been previously denied an operating license or if authority to operate the facility under ch. 291, Stats., has been previously revoked.

NR 670.070 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 670.071 NR 670.071 Operation during an interim license period.

NR 670.071(1) (1) During the interim license period the facility may not do any of the following:

NR 670.071(1)(a) (a) Treat, store or dispose of hazardous waste not specified in part A of the license application.

NR 670.071(1)(b) (b) Employ processes not specified in part A of the license application.

NR 670.071(1)(c) (c) Exceed the design capacities specified in part A of the license application.

NR 670.071(2) (2) During the interim license period, owners or operators shall comply with the interim license standards in ch. NR 665.

NR 670.071 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 670.072 NR 670.072 Modifications to an interim license.

NR 670.072(1) (1) Except as provided in sub. (2), the owner or operator of an interim licensed facility may make the following modifications at the facility:

NR 670.072(1)(a) (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.

NR 670.072(1)(b) (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:

NR 670.072(1)(b)1. 1. There is a lack of available treatment, storage or disposal capacity at other hazardous waste management facilities.

NR 670.072(1)(b)2. 2. The change is necessary to comply with a federal or state requirement.

NR 670.072(1)(c) (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:

NR 670.072(1)(c)1. 1. The change is necessary to prevent a threat to human health and the environment because of an emergency situation.

NR 670.072(1)(c)2. 2. The change is necessary to comply with a federal or state requirement.

NR 670.072(1)(d) (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. H of 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. H 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. H, the department shall notify the old owner or operator in writing that the old owner or operator no longer needs to comply with subch. H 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.

NR 670.072(1)(e) (e) Changes made according to an interim status or interim license corrective action order issued by EPA under 42 USC 6928 (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.

NR 670.072(1)(f) (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.

NR 670.072(2) (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:

NR 670.072(2)(a) (a) Modifications made solely for the purposes of complying with s. NR 665.0193 for tanks and ancillary equipment.

NR 670.072(2)(b) (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.

NR 670.072(2)(c) (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.

NR 670.072(2)(d) (d) Modifications during closure of a facility or of a unit within a facility made according to an approved closure plan.

NR 670.072(2)(e) (e) Modifications necessary to comply with an interim status or interim license corrective action order issued by EPA under 42 USC 6928(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.

NR 670.072(2)(f) (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.

NR 670.072(2)(g) (g) Addition of newly regulated units under sub. (1) (f).

NR 670.072(2)(h) (h) Modifications necessary to comply with standards under 40 CFR part 63, subpart EEE— national emission standards for hazardous air pollutants from hazardous waste combustors.

NR 670.072 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 670.073 NR 670.073 Termination of an interim license. An interim license terminates when any of the following occurs:

NR 670.073(1) (1) Final administrative disposition of an operating license application.

NR 670.073(2) (2) Revocation of the interim license as provided in s. NR 670.010 (5) (e) or 670.043.

NR 670.073(3) (3) For owners or operators of each land disposal facility which has been granted an interim license prior to November 8, 1984, on November 8, 1985, unless all of the following apply:

NR 670.073(3)(a) (a) The owner or operator submits a feasibility and plan of operation report for a license for the facility prior to that date.

NR 670.073(3)(b) (b) The owner or operator certifies that the facility is in compliance with all applicable groundwater monitoring and financial responsibility requirements.

NR 670.073(4) (4) For owners or operators of each land disposal facility which is in existence on the effective date of a statute or rule that renders the facility subject to the requirement to have an operating license and which is granted an interim license, 12 months after the date on which the facility first becomes subject to the license requirement unless the owner or operator of the facility does all of the following:

NR 670.073(4)(a) (a) Submits a feasibility and plan of operation report for an operating license for the facility before the date 12 months after the date on which the facility first becomes subject to the license requirement.

NR 670.073(4)(b) (b) Certifies that the facility is in compliance with all applicable groundwater monitoring and financial responsibility requirements.

NR 670.073(5) (5) For owners or operators of any land disposal unit that is granted authority to operate under s. NR 670.072 (1) (a), (b) or (c), on the date 12 months after the effective date of the requirement, unless the owner or operator certifies that the unit is in compliance with all applicable groundwater monitoring and financial responsibility requirements.

NR 670.073(6) (6) For owners and operators of each incinerator facility which was granted an interim license prior to November 8, 1984, the interim license terminates on November 8, 1989, unless the owner or operator of the facility submitted a feasibility and plan of operation report for an operating license for an incinerator facility by November 8, 1986.

NR 670.073(7) (7) For owners or operators of any facility (other than a land disposal or an incinerator facility) which was granted an interim license prior to November 8, 1984, the interim license terminates on November 8, 1992, unless the owner or operator of the facility submitted a feasibility and plan of operation report for an operating license for the facility by November 8, 1988.

NR 670.073 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. H of ch. NR 670 Subchapter H — Remediation Variances

NR 670.079 NR 670.079 Remediation Variances.

NR 670.079(1) (1) Applicability. The department may issue a remediation variance from the requirements of s. 291.25, Stats., if the application for, or compliance with the terms or conditions of a license required under chs. NR 660 to 670 would cause undue or unreasonable hardship to any person and the remediation variance would not result in undue harm to human health or the environment. For purposes of hazardous waste remediation, issuance of a treatment or storage license under this chapter would constitute an undue or unreasonable hardship.

NR 670.079(2) (2) limitations. A remediation variance under this section:

NR 670.079(2)(a) (a) Shall be issued in written form.

NR 670.079(2)(b) (b) May not exceed 5 years in duration.

NR 670.079(2)(c) (c) May be renewed or extended only after opportunity for a public hearing on each remediation variance renewal or extension.

NR 670.079(2)(d) (d) May be revoked by the department at any time if the department determines that the revocation is appropriate to protect human health or the environment.

NR 670.079(2)(e) (e) May require that the person to whom a remediation variance is issued comply with any appropriate requirements of chs. NR 660 to 679, and chs. NR 700 to 750, as a condition of issuance, in order to protect human health or the environment.

NR 670.079(3) (3) Public participation. The department may not approve a remediation variance unless the applicant provides proof of public notice of the proposed project. Unless another person is approved by the department to carry out the public participation process, the responsible party shall issue a class I public notice that provides for a minimum 30 day comment period. A copy of the public notice along with a list of newspapers which carried the notice shall be included as part of the remediation variance application. If the responsible party or the department determine that additional public participation is necessary the provisions in s. NR 714.07 (6) shall be followed. The department shall respond to the comments received. The class I public notice shall include all of the following information:

NR 670.079 Note Note: Section NR 714.07 does not contain a subsection (6).

NR 670.079(3)(a) (a) A description of the type, volume and characteristics of the contamination.

NR 670.079(3)(b) (b) The proposed response actions to be implemented to contain, reduce, or eliminate the threat of the contamination.

NR 670.079(3)(c) (c) The phone number and addresses of persons to contact for more information.

NR 670.079(3)(d) (d) The locations and times where interested parties can review the proposed response action.

NR 670.079(3)(e) (e) The department’s contact person and information on how to submit comments, including the address of the contact person and the deadline for receipt of comments.

NR 670.079(4) (4) Final Determination. The department shall make a final written determination on the remediation variance request within 65 business days. The department may require the applicant to provide additional information to document compliance with chs. NR 660 to 679. The final determination may require construction inspection and fees under ch. NR 670 Appendix II.

NR 670.079 Note Note: The applicant is encouraged to contact the department early for assistance in planning the content of a complete application.

NR 670.079 Note Note: For purposes of implementing this section, the department has determined that it would be an undue or unreasonable hardship to apply for, and wait for issuance of a hazardous waste treatment or storage license under s. 291.25, Stats., for the treatment or storage of remediation waste as part of the clean up a contaminated site. For example, in order to clean up a contaminated site, it may be necessary to treat excavated soil that is hazardous. In this situation it may be an undue or unreasonable hardship to delay the cleanup of the contamination while awaiting the issuance of a hazardous waste treatment license. The remediation variance approval issued by the department will include operating requirements necessary to protect public health and the environment during site remediation.

NR 670.079 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.

subch. I of ch. NR 670 Subchapter I — Integration with Maximum Achievable Control Technology (MACT) Standards

NR 670.235 NR 670.235 Options for incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers, and hydrochloric acid production furnaces to minimize emissions from startup, shutdown and malfunction events.

NR 670.235(1) (1) Facilities with existing licenses.

NR 670.235(1)(a) (a) Revisions to license conditions after documenting compliance with MACT. The owner or operator of a licensed incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace may request that the department address license conditions that minimize emissions from startup, shutdown and malfunction events under any of the following options when requesting removal of license conditions that are no longer applicable according to ss. NR 664.0340 (2) and 666.100 (2):

NR 670.235(1)(a)1. 1. ‘Retain relevant license conditions.’ Under this option, the department will do all of the following:

NR 670.235(1)(a)1.a. a. Retain license conditions that address releases during startup, shutdown and malfunction events, including releases from emergency safety vents, as these events are defined in the facility’s startup, shutdown and malfunction plan required under 40 CFR 63.1206 (c) (2).

NR 670.235(1)(a)1.b. b. Limit applicability of those license conditions only to when the facility is operating under its startup, shutdown and malfunction plan.

NR 670.235(1)(a)2. 2. ‘Revise relevant license conditions.’

NR 670.235(1)(a)2.a. a. Under this option, the department will do all of the following:

1) Identify a subset of relevant existing license requirements or develop alternative license requirements that ensure emissions of toxic compounds are minimized from startup, shutdown and malfunction events, including releases from emergency safety vents, based on review of information including the source’s startup, shutdown and malfunction plan, design and operating history.