1) There is significant public concern about the proposed modification.
2) The complex nature of the change requires the more extensive procedures of class 3.
NR 670.042(2)(f)1.d.
d. Approve the request, with or without changes, as a temporary authorization having a term of up to 180 days.
NR 670.042(2)(f)3.
3. If the department approves or denies the modification request during the term of the temporary authorization provided for in subd.
1., this action cancels the temporary authorization.
NR 670.042(2)(f)6.
6. In making a decision to approve or deny a modification request, including a decision to issue a temporary authorization or to reclassify a modification as a class 3, the department shall consider all written comments submitted to the department during the public comment period and shall respond in writing to all significant comments in the department's decision.
NR 670.042(2)(g)
(g) The department may deny or change the terms of a class 2 license modification request under par.
(f) 1. and
3. for any of the following reasons:
NR 670.042(2)(g)3.
3. The conditions of the modification fail to protect human health and the environment.
NR 670.042(2)(h)
(h) The licensee may perform any construction associated with a class 2 license modification request beginning 60 days after the submission of the request unless the department establishes a later date for commencing construction and informs the licensee in writing before day 60.
NR 670.042(3)(a)(a) For class 3 modifications listed in ch.
NR 670 Appendix I, the licensee shall submit a modification request to the department that does all of the following:
NR 670.042(3)(a)1.
1. Describes the exact change to be made to the license conditions and supporting documents referenced by the license.
NR 670.042(3)(b)
(b) The licensee shall send a notice of the modification request to all persons on the facility mailing list and to the appropriate units of state and local government as identified in s.
NR 670.410 (3) (a) 9. to
11., and shall publish this notice in a major local newspaper of general circulation. This notice shall be mailed and published within 7 days before or after the date of submission of the modification request, and the licensee shall provide to the department evidence of the mailing and publication. The notice shall include all of the following:
NR 670.042(3)(b)1.
1. Announcement of a 45-day comment period, and a name and address of a department contact to whom comments shall be sent.
NR 670.042(3)(b)2.
2. Announcement of the date, time and place for a public meeting on the modification request, according to par.
(d).
NR 670.042(3)(b)5.
5. Location where copies of the modification request and any supporting documents can be viewed and copied.
NR 670.042(3)(b)6.
6. The following statement: “The licensee's compliance history during the life of the license being modified is available from the department contact person."
NR 670.042(3)(c)
(c) The licensee shall place a copy of the license modification request and supporting documents in a location accessible to the public in the vicinity of the licensed facility.
NR 670.042(3)(d)
(d) The licensee shall hold a public meeting no earlier than 15 days after the publication of the notice required in par.
(b) and no later than 15 days before the close of the 45-day comment period. The meeting shall be held to the extent practicable in the vicinity of the licensed facility.
NR 670.042(3)(e)
(e) The public shall be provided at least 45 days to comment on the modification request. The comment period will begin on the date the licensee publishes the notice in the local newspaper. Comments shall be submitted to the department contact identified in the notice.
NR 670.042(3)(f)
(f) After the conclusion of the 45-day comment period, the department shall grant or deny the license modification request according to the license modification procedures of this chapter. In addition, the department shall consider and respond to all significant written comments received during the 45-day comment period.
NR 670.042(4)(a)(a) In the case of modifications not explicitly listed in ch.
NR 670 Appendix I, the licensee may submit a class 3 modification request to the department, or the licensee may request a determination by the department that the modification shall be reviewed and approved as a class 1 or class 2 modification. If the licensee requests that the modification be classified as a class 1 or 2 modification, the licensee shall provide the department with the necessary information to support the requested classification.
NR 670.042(4)(b)
(b) The department shall make the determination described in par.
(a) as promptly as practicable. In determining the appropriate class for a specific modification, the department shall consider the similarity of the modification to other modifications codified in ch.
NR 670 Appendix I and all of the following criteria:
NR 670.042(4)(b)1.
1. Class 1 modifications apply to minor changes that keep the license current with routine changes to the facility or its operation. These changes do not substantially alter the license conditions or reduce the capacity of the facility to protect human health or the environment. In the case of class 1 modifications, the department may require prior approval.
NR 670.042(4)(b)2.
2. Class 2 modifications apply to changes that are necessary to enable a licensee to respond, in a timely manner, such as the following:
NR 670.042(4)(b)2.a.
a. Common variations in the types and quantities of the wastes managed under the facility license.
NR 670.042(4)(b)2.c.
c. Changes necessary to comply with new rules, where these changes can be implemented without substantially changing design specifications or management practices in the license.
NR 670.042(4)(b)3.
3. Class 3 modifications substantially alter the facility or its operation.
NR 670.042(5)(a)
(a) Upon request of the licensee, the department may, without prior public notice and comment, grant the licensee a temporary authorization according to this subsection. Temporary authorizations shall have a term of not more than 180 days.
NR 670.042(5)(b)1.b.
b. Any class 3 modification that meets the criteria in par.
(c) 2. a. or
b.; or that meets the criteria in pars.
(c) 2. c. to
e. and provides improved management or treatment of a hazardous waste already listed in the facility license.
NR 670.042(5)(b)2.
2. The temporary authorization request shall include all of the following:
NR 670.042(5)(b)2.a.
a. A description of the activities to be conducted under the temporary authorization.
NR 670.042(5)(b)3.
3. The licensee shall send a notice about the temporary authorization request to all persons on the facility mailing list and to appropriate units of state and local governments as identified in s.
NR 670.410 (3) (a) 9. to
11. This notification shall be made within 7 days of submission of the authorization request.
NR 670.042(5)(c)
(c) The department shall approve or deny the temporary authorization as quickly as practical. To issue a temporary authorization, the department shall find:
NR 670.042(5)(c)2.
2. The temporary authorization is necessary to achieve one of the following objectives before action is likely to be taken on a modification request:
NR 670.042(5)(c)2.a.
a. To facilitate timely implementation of closure or corrective action activities.
NR 670.042(5)(c)2.b.
b. To allow treatment or storage in tanks or containers, or in containment buildings according to ch.
NR 668.
NR 670.042(5)(c)2.d.
d. To enable the licensee to respond to sudden changes in the types or quantities of the wastes managed under the facility license.
NR 670.042(5)(d)
(d) A temporary authorization may be reissued for one additional term of up to 180 days if the licensee has requested a class 2 or 3 license modification for the activity covered in the temporary authorization, and
NR 670.042(5)(d)1.
1. The reissued temporary authorization constitutes the department's decision on a class 2 license modification according to sub.
(2) (f) 1. d. NR 670.042(5)(d)2.
2. The department determines that the reissued temporary authorization involving a class 3 license modification request is warranted to allow the authorized activities to continue while the modification procedures of sub.
(3) are conducted.
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 History
History: 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 670.043
NR 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.
