Section NR 670.001 - Purpose and scope of subchs. A to I(1) COVERAGE. (a) These license rules establish provisions for the hazardous waste facility licensing program under ch. 291.25, Stats.(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.(c) The hazardous waste license program has separate additional regulations that contain technical requirements. These separate regulations are used by the department to determine what requirements shall be placed in licenses if they are issued. These separate regulations are located under chs. NR 664, 666, 667, and 668. Section of ch. 291, Stats | Coverage | Final rule |
ch. 291.001 and 291.01, Stats. | Overview and definitions. | ch. NR 660 |
s. 291.05(1) to (4), Stats. | Identification and listing of hazardous waste. | ch. NR 661 |
s. 291.21, Stats. | Generators of hazardous waste. | ch. NR 662 |
ss. 291.05(5) (a) and 291.23, Stats. | Transporters of hazardous waste. | ch. NR 663 |
s. 291.05(6), Stats. | Standards for HWM facilities. | chs. NR 664, 665 & 666 |
s. 291.25, Stats. | License requirements for HWM facilities. | ch. NR 670 |
s. 291.05(1), Stats. | Preliminary notification of HWM activity. | s. NR 660.07 |
(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. (a) The facility generates hazardous waste and then stores or non-thermally treats the hazardous waste on-site in tanks, containers, or containment buildings.(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. Note: EPA part A form may be obtained from: htttp://www.epa.gov/epaoswer/hazwaste/data/form8700/8700-23.pdf.
(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 660.10. 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 pars. (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. (b)Specific exclusions.The following persons are among those who are not required to obtain a hazardous waste license: 1. Generators who accumulate hazardous waste on-site in compliance with all of the conditions for exemption provided in ss. NR 662.014, 662.015, 662.016, and 662.017.2. Farmers who dispose of hazardous waste pesticides from their own use as provided in s. NR 662.070.3. 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 661.0004 or 662.014, very small quantity generator exemption.4. Owners or operators of totally enclosed treatment facilities as defined in s. NR 660.10.5. Owners and operators of elementary neutralization units or wastewater treatment units as defined in s. NR 660.10.6. 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.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.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. a. Batteries as described in s. NR 673.02.b. Pesticides as described in s. NR 673.03.c. Mercury-containing equipment as described in s. NR 673.04.d. Lamps as described in s. NR 673.05.9. Owners or operators of POTWs which accept hazardous waste for treatment, if the owners or operators comply with all of the following:b. Comply with the conditions of that permit.c. Comply with the notification requirements in s. NR 660.07, the manifest requirements in ss. NR 664.0071, 664.0072 and 664.0076, the operating record requirements in ss. NR 664.0073(1) and (2) (a) and the annual reporting requirements in s. NR 664.0075.d. For WPDES permits issued after November 8, 1984, POTWs shall comply with the corrective action requirements of s. NR 664.0101.e. Meet all federal, state and local pretreatment requirements which would be applicable to the waste if it were being discharged into the POTW through a sewer, pipe or similar conveyance.10. Owners or operators of household and very small quantity generator hazardous waste collection facilities, provided the applicable requirements of subch. HH of ch. NR 666 are met.11. A generator who treats waste in containers or tanks, provided the requirements of ss. NR 662.014, 662.016, and 662.017 are met.24. Reverse distributors accumulating potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals, as defined in s. NR 666.500. Reverse distributors are subject to regulation under subch. P of ch. NR 666 for the accumulation of potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals.(c)Further exclusions.1. A person is not required to obtain a hazardous waste license for treatment or containment activities taken during immediate response to any of the following situations: a. A discharge of a hazardous waste.b. An imminent and substantial threat of a discharge of hazardous waste.c. A discharge of a material which, when discharged, becomes a hazardous waste.d. An immediate threat to human health, public safety, property or the environment from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in s. NR 660.10.2. Any person who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to this chapter for those activities.3. In the case of emergency responses involving military munitions, the responding military emergency response specialist's organizational unit shall retain records for 3 years identifying the dates of the response, the responsible persons responding, the type and description of material addressed, and its disposition.(d)Licenses for less than an entire facility.The department may issue or deny a license for one or more units at a facility without simultaneously issuing or denying a license to all of the units at the facility. The interim license of any unit for which an operating license has not been issued or denied is not affected by the issuance or denial of an operating license to any other unit at the facility.(e)Closure by removal.Owners or operators of surface impoundments and waste piles closing by removal or decontamination under ch. NR 665 shall obtain a long-term care license unless they can demonstrate to the department that the closure met the standards for closure by removal or decontamination in s. NR 664.0228 or 664.0258. The demonstration may be made in any of the following ways: 1. If the owner or operator has submitted a feasibility and plan of operation report for a long-term care license, the owner or operator may request a determination, based on information contained in the feasibility and plan of operation report, that ch. NR 664 closure by removal standards were met. If the department believes that ch. NR 664 standards were met, the department will notify the public of this proposed decision, allow for public comment, and reach a final determination according to the procedures in par. (f).2. If the owner or operator has not submitted a feasibility and plan of operation report for a long-term care license, the owner or operator may petition the department for a determination that a long-term care license is not required because the closure met the applicable ch. NR 664 closure standards. a. The petition shall include data demonstrating that closure by removal or decontamination standards were met, or it shall demonstrate that the unit closed under state requirements that met or exceeded the applicable ch. NR 664 closure-by-removal standard.b. The department shall approve or deny the petition according to the procedures outlined in par. (f).(f)Procedures for closure equivalency determination.1. If a facility owner or operator seeks an equivalency demonstration under par. (e), the department will provide the public, through a newspaper notice, the opportunity to submit written comments on the information submitted by the owner or operator within 30 days from the date of the notice. The department may also, in response to a request or at the department's own discretion, hold a public hearing whenever a hearing might clarify one or more issues concerning the equivalence of the ch. NR 665 closure to a ch. NR 664 closure. The department will give public notice of the hearing at least 30 days before it occurs. Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the 2 notices may be combined. 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.2. The department will determine whether the ch. NR 665 closure met ch. NR 664 closure by removal or decontamination requirements within 90 days of the receipt of the request under subd. 1. If the department finds that the closure did not meet the applicable ch. NR 664 standards, the department will provide the owner or operator with a written statement of the reasons why the closure failed to meet ch. NR 664 standards. The owner or operator may submit additional information in support of an equivalency demonstration within 30 days after receiving a written statement. The department will review any additional information submitted and make a final determination within 60 days.3. If the department determines that the facility did not close according to ch. NR 664 closure by removal standards, the facility is subject to long-term care licensing requirements.(g)Enforceable documents for long-term care. At the discretion of the department or Regional Administrator, an owner or operator may obtain, in lieu of long-term care license, an enforceable document imposing requirements of s. NR 665.0121. "Enforceable document" may include a special order, variance, license, or plan approval issued by the department or EPA.Wis. Admin. Code Department of Natural Resources NR 670.001
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.Amended by, CR 16-007: renum. (2) to (2) (intro.) and am., cr. (2) (a), (b), am. (3) (b) 8. c. Register July 2017 No. 739, eff.8/1/2017Amended by, CR 19-082: cr. (1) (c), am. (3) (intro.), (b) 1., 3., 11., cr. (3) (b) 24., am. (3) (g) Register August 2020 No. 776, eff. 9-1-20; correction in (3) (intro.) made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020Amended by, correction in (3) (b) 3. made under s. 13.92(4) (b) 7, Stats., Register April 2021 No. 784, eff. 5/1/2021