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(10)(b)(b) Facility owners or operators shall comply with the notification of intent to comply (NIC) requirements of 40 CFR 63.1210(b) and 63.1212(a) before a license modification may be requested under this section for the purpose of technology changes needed to meet the 40 CFR 63.1215, 63.1216, 63.1217, 63.1218, 63.1219, 63.1220, and 63.1221 standards promulgated on October 12, 2005.
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)(a)3.3. Discuss how the revised provisions will be sufficiently protective.
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 670.043Revocation, 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(1)(d)(d) Failure to pay fees under ss. 291.05 (7) and 291.33, Stats.
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.
subch. E of ch. NR 670Subchapter E — Expiration and Continuation of Licenses
NR 670.050NR 670.050Duration of licenses.
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.