Subchapter C — License Conditions
Conditions applicable to all operating licenses.
Requirements for recording and reporting of monitoring results.
Establishing license conditions.
Schedules of compliance.
Subchapter D — Changes to Licenses
Transfer of licenses.
Modification or revocation and reissuance of licenses.
License modification at the request of the licensee.
Revocation, suspension or denial of licenses.
Subchapter E — Expiration and Continuation of Licenses
Duration of licenses.
Continuation of expiring operating licenses.
Subchapter F — Special Forms of Licenses
Hazardous waste incinerator licenses.
Research, development and demonstration licenses.
Licenses for boilers and industrial furnaces burning hazardous waste.
Standardized licenses for storage and treatment units.
Subchapter G — Interim Licenses
Qualifying for an interim license.
Operation during an interim license period.
Modifications to an interim license.
Termination of an interim license.
Subchapter H — Remediation Variances
Subchapter I — Integration with Maximum Achievable Control Technology (MACT) Standards
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
What is a standardized license?
Who is eligible for a standardized license?
What requirements of ch. NR 670
do and do not apply to a standardized license?
How do I apply for a standardized license?
What information shall I submit to the department to support my standardized license application?
What are the certification requirements?
What general types of information shall I keep at my facility?
What container information shall I keep at my facility?
What tank information shall I keep at my facility?
What equipment information shall I keep at my facility?
What air emissions control information shall I keep at my facility?
How do I modify my standardized license?
Subchapter L — General Decisionmaking Procedures
Purpose and scope.
License application procedures.
Consolidation of EPA permit and department license processing.
Modification, revocation and reissuance, or revocation or denial of licenses.
Preliminary determination of license applications.
Public notice and public comment period.
Public comments and requests for public hearings.
Issuance of the operating license.
Response to comments.
Annual renewal of the operating license.
Subchapter M — Specific Decisionmaking Procedures
Pre-application public meeting and notice.
Public notice requirements at the application stage.
Issuing draft standardized licenses.
Issuing final standardized licenses.
Eligibility for standardized licenses.
Public notice requirements for standardized licenses.
Public comments and requests for hearings on draft standardized licenses.
Response to comments on standardized licenses.
Public appeals of final standardized licenses.
Ch. NR 670 Note
This chapter is similar to federal regulations contained in 40 CFR part 270
, revised as of July 1, 2003.
NR 670.001 Purpose and scope of subchs. A to I. NR 670.001(1)(a)(a)
These license rules establish provisions for the hazardous waste facility licensing program under ch. 291.25
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
, 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
(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
). Treatment and storage facilities (TSDs) that are otherwise subject to licensing under ch. 291, Stats.
, and meet the criteria in pars. (a)
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
. 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
. Owners or operators of new HWM facilities shall submit the license application at least 180 days before physical construction is expected to commence.
The facility generates hazardous waste and then stores or non-thermally treats the hazardous waste on-site in tanks, containers, or containment buildings.
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.
(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)
, 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.
The following persons are among those who are not required to obtain a hazardous waste license:
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
Owners and operators of elementary neutralization units or wastewater treatment units as defined in s. NR 660.10
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.
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)
are complied with.
Universal waste handlers and universal waste transporters (as defined in s. NR 660.10
) managing the wastes listed in subd. 8. a.
These handlers are regulated under ch. NR 673