Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 670 - Hazardous Waste Licensing And Decisionmaking Procedures › Subchapter G - Interim Licenses › Section NR 670.072 - Modifications to an interim license

Current through June 24, 2024
(1)Except as
				  provided in sub. (2), the owner or operator of an interim licensed facility may
				  make the following modifications at the facility:
(a) Treatment, storage or disposal of new
				  hazardous wastes not previously identified in part A of the license application
				  which are newly listed or identified wastes, including the addition of the
				  units used to treat, store or dispose of the hazardous wastes on the effective
				  date of the listing or identification if the owner or operator submits a
				  revised part A license application and obtains an interim license modification
				  prior to the treatment, storage or disposal of these wastes.
(b) Increases in the design capacity of
				  processes used at the facility if the owner or operator submits a revised part
				  A license application prior to such a change, along with a justification
				  explaining the need for the change, and the department approves the changes for
				  either of the following:
1. There is a lack of
				  available treatment, storage or disposal capacity at other hazardous waste
				  management facilities.
2. The
				  change is necessary to comply with a federal or state requirement.
(c) Changes in the processes for
				  the treatment, storage or disposal of hazardous waste or addition of processes
				  if the owner or operator submits a revised part A license application prior to
				  such change, along with a justification explaining the need for the change, and
				  the department approves the change for either of the following:
1. The change is necessary to prevent a
				  threat to human health and the environment because of an emergency
				  situation.
2. The change is
				  necessary to comply with a federal or state requirement.
(d) Changes in the ownership or operational
				  control of a facility if the new owner or operator submits a revised part A
				  application no later than 90 days prior to the scheduled change. When a
				  transfer of operational control of a facility occurs, the old owner or operator
				  shall comply with subch. ch. NR 665, financial requirements, until the new
				  owner or operator has demonstrated to the department that the new owner or
				  operator is complying with that subchapter. The new owner or operator shall
				  demonstrate compliance with subch. within 6 months of the date of the change in
				  ownership or operational control of the facility. Upon demonstration to the
				  department by the new owner or operator of compliance with subch. , the
				  department shall notify the old owner or operator in writing that the old owner
				  or operator no longer needs to comply with subch. as of the date of
				  demonstration. All other interim license duties are transferred effective
				  immediately upon the date of the change in ownership or operational control of
				  the facility.
(e) Changes made
				  according to an interim status or interim license corrective action order
				  issued by EPA under (h) or other federal authority, by the department under s.
				  291.37, Stats.,
				  or by a court in a judicial action brought by EPA or by the department. Changes
				  under this paragraph are limited to the treatment, storage or disposal of solid
				  waste from releases that originate within the boundary of the
				  facility.
(f) Addition of newly
				  regulated units for the treatment, storage or disposal of hazardous waste if
				  the owner or operator submits a revised part A application on or before the
				  date on which the unit becomes subject to the new requirements and obtain an
				  interim license modification prior to operating these units.