Subchapter C — License Conditions
NR 670.030   Conditions applicable to all operating licenses.
NR 670.031   Requirements for recording and reporting of monitoring results.
NR 670.032   Establishing license conditions.
NR 670.033   Schedules of compliance.
Subchapter D — Changes to Licenses
NR 670.040   Transfer of licenses.
NR 670.041   Modification or revocation and reissuance of licenses.
NR 670.042   License modification at the request of the licensee.
NR 670.043   Revocation, suspension or denial of licenses.
Subchapter E — Expiration and Continuation of Licenses
NR 670.050   Duration of licenses.
NR 670.051   Continuation of expiring operating licenses.
Subchapter F — Special Forms of Licenses
NR 670.061   Emergency licenses.
NR 670.062   Hazardous waste incinerator licenses.
NR 670.065   Research, development and demonstration licenses.
NR 670.066   Licenses for boilers and industrial furnaces burning hazardous waste.
NR 670.067   Standardized licenses for storage and treatment units.
NR 670.068   Remediation Variances.
Subchapter G — Interim Licenses
NR 670.070   Qualifying for an interim license.
NR 670.071   Operation during an interim license period.
NR 670.072   Modifications to an interim license.
NR 670.073   Termination of an interim license.
Subchapter H — Remediation Variances
NR 670.079   Remediation Variances.
Subchapter I — Integration with Maximum Achievable Control Technology (MACT) Standards
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.
Subchapter J — Standardized Licenses for Storage and Treatment Units
NR 670.250   What is a standardized license?
NR 670.255   Who is eligible for a standardized license?
NR 670.260   What requirements of ch. NR 670 do and do not apply to a standardized license?
NR 670.270   How do I apply for a standardized license?
NR 670.275   What information shall I submit to the department to support my standardized license application?
NR 670.280   What are the certification requirements?
NR 670.290   What general types of information shall I keep at my facility?
NR 670.300   What container information shall I keep at my facility?
NR 670.305   What tank information shall I keep at my facility?
NR 670.310   What equipment information shall I keep at my facility?
NR 670.315   What air emissions control information shall I keep at my facility?
NR 670.320   How do I modify my standardized license?
Subchapter L — General Decisionmaking Procedures
NR 670.401   Purpose and scope.
NR 670.403   License application procedures.
NR 670.404   Consolidation of EPA permit and department license processing.
NR 670.405   Modification, revocation and reissuance, or revocation or denial of licenses.
NR 670.406   Preliminary determination of license applications.
NR 670.408   Fact sheet.
NR 670.409   Administrative record.
NR 670.410   Public notice and public comment period.
NR 670.411   Public comments and requests for public hearings.
NR 670.412   Public hearings.
NR 670.415   Issuance of the operating license.
NR 670.417   Response to comments.
NR 670.427   Annual renewal of the operating license.
Subchapter M — Specific Decisionmaking Procedures
NR 670.431   Pre-application public meeting and notice.
NR 670.432   Public notice requirements at the application stage.
NR 670.433   Information repository.
NR 670.504   Issuing draft standardized licenses.
NR 670.505   Issuing final standardized licenses.
NR 670.506   Eligibility for standardized licenses.
NR 670.507   Public notice requirements for standardized licenses.
NR 670.508   Public comments and requests for hearings on draft standardized licenses.
NR 670.509   Response to comments on standardized licenses.
NR 670.510   Public appeals of final standardized licenses.
Ch. NR 670 Note Note: This chapter is similar to federal regulations contained in 40 CFR part 270, revised as of July 1, 2003.
subch. A of ch. NR 670 Subchapter A — General Information
NR 670.001 NR 670.001Purpose and scope of subchs. A to I.
NR 670.001(1)(1)Coverage.
NR 670.001(1)(a)(a) These license rules establish provisions for the hazardous waste facility licensing program under ch. 291.25, Stats.
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. - See PDF for table PDF
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 Note Note: EPA part A form may be obtained from: htttp://www.epa.gov/epaoswer/hazwaste/data/form8700/8700-23.pdf.
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 670.002. 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 s. NR 670.001 (3) (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)1. 1. Generators who accumulate hazardous waste on-site in compliance with s. NR 662.034 or 662.192.
NR 670.001(3)(b)2. 2. Farmers who dispose of hazardous waste pesticides from their own use as provided in s. NR 662.070.
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 661.04.
NR 670.001(3)(b)4. 4. Owners or operators of totally enclosed treatment facilities as defined in s. NR 660.10.
NR 670.001(3)(b)5. 5. Owners and operators of elementary neutralization units or wastewater treatment units as defined in s. NR 660.10.
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)8.a. a. Batteries as described in s. NR 673.02.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.