Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 670 - Hazardous Waste Licensing And Decisionmaking Procedures › Appendix I - CLASSIFICATION OF LICENSE MODIFICATION

Current through June 24, 2024
Modifications
Class
A.
General License
								Provisions
1. Administrative and informational
								changes
1
2. Correction of typographical
								errors
1
3. Equipment replacement or upgrading with
								functionally equivalent components (e.g., pipes, valves, pumps, conveyors,
								controls)
1
4. Changes in the frequency of or procedures for
								monitoring, reporting, sampling or maintenance activities by the
								licensee:
a. To provide for more frequent monitoring,
								reporting, sampling or maintenance
1
b. Other changes
2
5. Schedule of compliance:
a. Changes in interim compliance dates, with prior
								approval of the department
1-1
b. Extension of final compliance
								date
3
6. Changes in expiration date of license to allow
								earlier license termination, with prior approval of the
								department
1-1
7. Changes in ownership or operational control of a
								facility, provided the procedures of s.
								NR
								670.040(2) are
								followed
1-1
8. Changes to remove license conditions that are no
								longer applicable (i.e., because the standards upon which they are based are no
								longer applicable to the facility)
1-1
9. Changes to remove license conditions applicable
								to a unit excluded under the provisions of s.
								NR
								661.0004.
1-1
10. Changes in the expiration date of a license
								issued to a facility at which all units are excluded under the provisions of s.
								NR
								661.0004.
1-1
B.
General Facility
								Standards
1. Changes to waste sampling or analysis
								methods:
a. To conform with department guidance or
								rules
1
b. To incorporate changes associated with F039
								(multi-source leachate) sampling or analysis methods
1
c. To incorporate changes associated with
								underlying hazardous constituents in ignitable or corrosive
								wastes
1-1
d. Other changes
2
2. Changes to analytical quality assurance/control
								plan:
a. To conform with department guidance or
								rules
1
b. Other changes
2
3. Changes in procedures for maintaining the
								operating record
1
4. Changes in frequency or content of inspection
								schedules
2
5. Changes in the training plan:
a. That affect the type or decrease the amount of
								training given to employees
2
b. Other changes
1
6. Contingency plan:
a. Changes in emergency procedures (i.e., spill or
								release response procedures)
2
b. Replacement with functionally equivalent
								equipment, upgrade or relocate emergency equipment listed
1
c. Removal of equipment from emergency equipment
								list
2
d. Changes in name, address or phone number of
								coordinators or other persons or agencies identified in the
								plan
1
7. Construction quality assurance plan:
a. Changes that the CQA officer certifies in the
								operating record will provide equivalent or better certainty that the unit
								components meet the design specifications
1
b. Other changes
2
Note: When a license modification (such as
								introduction of a new unit) requires a change in facility plans or other
								general facility standards, that change shall be reviewed under the same
								procedures as the license modification.
C.
Groundwater
								Protection
1. Changes to wells:
a. Changes in the number, location, depth or design
								of upgradient or downgradient wells of licensed groundwater monitoring
								system
2
b. Replacement of an existing well that has been
								damaged or rendered inoperable, without change to location, design or depth of
								the well
1
2. Changes in groundwater sampling or analysis
								procedures or monitoring schedule, with prior approval of the
								department
1-1
3. Changes in statistical procedure for determining
								whether a statistically significant change in groundwater quality between
								upgradient and downgradient wells has occurred, with prior approval of the
								department
1-1
4. Changes in point of compliance
2
5. Changes in indicator parameters, hazardous
								constituents or concentration limits (including ACLs):
a. As specified in the groundwater protection
								standard
3
b. As specified in the detection monitoring
								program
2
6. Changes to a detection monitoring program as
								required by s.
								NR
								664.0098(8), unless otherwise
								specified in this appendix
2
7. Compliance monitoring program:
a. Addition of compliance monitoring program as
								required by s.
								NR
								664.0099
3
b. Changes to a compliance monitoring program as
								required by s.
								NR
								664.0099(10), unless otherwise
								specified in this appendix
2
8. Corrective action program:
a. Addition of a corrective action program as
								required by ss.
								NR 664.0099(8)
								(b) and 664.0100
3
b. Changes to a corrective action program as
								required by s.
								NR
								664.0100(8), unless otherwise
								specified in this appendix
2
D.
Closure
1. Changes to the closure plan:
a. Changes in estimate of maximum extent of
								operations or maximum inventory of waste onsite at any time during the active
								life of the facility, with prior approval of the department
1-1
b. Changes in the closure schedule for any unit,
								changes in the final closure schedule for the facility, or extension of the
								closure period, with prior approval of the department
1-1
c. Changes in the expected year of final closure,
								where other license conditions are not changed, with prior approval of the
								department
1-1
d. Changes in procedures for decontamination of
								facility equipment or structures, with prior approval of the
								department
1-1
e. Changes in approved closure plan resulting from
								unexpected events occurring during partial or final closure, unless otherwise
								specified in this appendix
2
f. Extension of the closure period to allow a
								landfill, surface impoundment or land treatment unit to receive nonhazardous
								wastes after final receipt of hazardous wastes under s.
								NR 664.0113(4)
								and (5)
2
2. Creation of a new landfill unit as part of
								closure
3
3. Addition of the following new units to be used
								temporarily for closure activities:
a. Surface impoundments
3
b. Incinerators
3
c. Waste piles that do not comply with s.
								NR
								664.0250(3)
3
d. Waste piles that comply with s.
								NR
								664.0250(3)
2
e. Tanks or containers (other than specified
								below)
2
f. Tanks used for neutralization, dewatering, phase
								separation or component separation, with prior approval of the
								department
1-1
g. Staging piles
2
E.
Post-closure
1. Changes in name, address or phone number of
								contact in post-closure care plan
1
2. Extension of post-closure care
								period
2
3. Reduction in the post-closure care
								period
3
4. Changes to the expected year of final closure,
								where other license conditions are not changed
1
5. Changes in post-closure plan necessitated by
								events occurring during the active life of the facility, including partial and
								final closure
2
F.
Containers
1. Modification or addition of container units that
								increases the facility's container storage capacity
3
2. Treatment processes necessary to treat wastes
								that are restricted from land disposal to meet some or all of the applicable
								treatment standards with prior approval of the department. This modification
								may also involve addition of new waste codes or narrative descriptions of
								wastes. It is not applicable to dioxin-containing wastes (F020, 021, 022, 023,
								026, 027 and 028
1-1
3. Modification of container units:
a. Modification of a container unit without
								increasing the capacity of the unit
2
b. Addition of a roof to a container unit without
								alteration of the containment system
1
4. Storage of different wastes in containers,
								except as provided in (F) (5):
a. That require additional or different management
								practices from those authorized in the license
3
b. That do not require additional or different
								management practices from those authorized in the license
2
Note:
See s.
								NR
								670.042(7) for modification
								procedures to be used for the management of newly listed or identified
								wastes.
5. Storage or treatment of different wastes in
								containers:
a. That require addition of units or change in
								treatment process or management standards, if the wastes are restricted from
								land disposal and are to be treated to meet some or all of the applicable
								treatment standards. This modification is not applicable to dioxin-containing
								wastes (F020, 021, 022, 023, 026, 027, and 028)
1-1
b. That do not require the addition of units or a
								change in the treatment process or management standards, and if the units have
								previously received wastes of the same type (e.g., incinerator scrubber water).
								This modification is not applicable to dioxin-containing wastes (F020, 021,
								022, 023, 026, 027, and 028)
1-1
G.
Tanks
1. Modification or addition of tank units or
								secondary containment systems that increase the facility's tank
								capacity
3
2. Addition of a new tank that will operate for
								more than 90 days using any of the following physical or chemical treatment
								technologies: neutralization, dewatering, phase separation or component
								separation
2
3. After prior approval of the department, addition
								of a new tank that will operate for up to 90 days using any of the following
								physical or chemical treatment technologies: neutralization, dewatering, phase
								separation or component separation
1-1
4. Modification or addition of tank units or
								treatment processes necessary to treat wastes that are restricted from land
								disposal to meet some or all of the applicable treatment standards with prior
								approval of the department. This modification may also involve addition of new
								waste codes. It is not applicable to dioxin-containing wastes (F020, 021, 022,
								023, 026, 027, and 028)
1-1
5. Modification of a tank unit or secondary
								containment system without increasing the capacity of the unit
2
6. Replacement of a tank with a tank that meets the
								same design standards and has a capacity within ±10% of the replaced
								tank provided
1
-- The capacity difference is no more than 1500
								gallons,
-- The facility's licensed tank capacity is not
								increased, and
-- The replacement tank meets the same conditions
								in the license.
7. Modification of a tank management
								practice
2
8. Management of different wastes in
								tanks:
a. That require additional or different management
								practices, tank design, different fire protection specifications, or
								significantly different tank treatment process from that authorized in the
								license, except as provided in c.
3
b. That do not require additional or different
								management practices, tank design, different fire protection specifications, or
								significantly different tank treatment process than authorized in the license,
								except as provided in (G) (8) d.
2
c. That require addition of units or change in
								treatment processes or management standards, if the wastes are restricted from
								land disposal and are to be treated to meet some or all of the applicable
								treatment standards. The modification is not applicable to dioxin-containing
								wastes (F020, 021, 022, 023, 026, 027 and 028)
1-1
d. That do not require the addition of units or a
								change in the treatment process or management standards, and if the units have
								previously received wastes of the same type (e.g., incinerator scrubber water).
								This modification is not applicable to dioxin-containing wastes (F020, 021,
								022, 023, 026, 027 and 028)
1
Note:
See s.
								NR
								670.042(7) for modification
								procedures to be used for the management of newly listed oridentified
								wastes.
H.
Surface
								Impoundments
1. Modification or addition of surface impoundment
								units that result in increasing the facility's surface impoundment storage or
								treatment capacity
3
2. Replacement of a surface impoundment
								unit
3
3. Modification of a surface impoundment unit
								without increasing the facility's surface impoundment storage or treatment
								capacity and without modifying the unit's liner, leak detection system or
								leachate collection system
2
4. Modification of a surface impoundment management
								practice
2
5. Treatment, storage or disposal of different
								wastes in surface impoundments:
a. That require additional or different management
								practices or different design of the liner or leak detection system than
								authorized in the license
3
b. That do not require additional or different
								management practices or different design of the liner or leak detection system
								than authorized in the license
2
c. That are wastes restricted from land disposal
								that meet the applicable treatment standards. This modification is not
								applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027 and
								028)
1
d. That are residues from wastewater treatment or
								incineration, if disposal occurs in a unit that meets the minimum technological
								requirements stated in
								40 CFR
								268.5(h) (2), and provided
								further that the surface impoundment has previously received wastes of the same
								type (for example, incinerator scrubber water). This modification is not
								applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027 and
								028)
1
6. Modifications of unconstructed units to comply
								with ss.
								NR
								664.0221(3), 664.0222, 664.0223 and
								664.0226(4)
1-1
7. Changes in response action plan:
a. Increase in action leakage rate
3
b. Change in a specific response reducing its
								frequency or effectiveness
3
c. Other changes
2
Note:
See s.
								NR
								670.042(7) for modification
								procedures to be used for the management of newly listed or identified
								wastes.
I.
Enclosed Waste Piles
. For all
								waste piles except those complying with s.
								NR
								664.0250(3), modifications are
								treated the same as for a landfill. The following modifications are applicable
								only to waste piles complying with s.
								NR
								664.0250(3).
1. Modification or addition of waste pile units
								that increase the facility's waste pile storage or treatment
								capacity
3
2. Modification of waste pile unit without
								increasing the capacity of the unit
2
3. Replacement of a waste pile unit with another
								waste pile unit of the same design and capacity and meeting all waste pile
								conditions in the license
2
4. Modification of a waste pile management
								practice
2
5. Storage or treatment of different wastes in
								waste piles:
a. That require additional or different management
								practices or different design of the unit
3
b. That do not require additional or different
								management practices or different design of the unit
2
6. Conversion of an enclosed waste pile to a
								containment building unit
2
Note:
See s.
								NR
								670.042(7) for modification
								procedures to be used for the management of newly listed or identified
								wastes.
J.
Landfills and Unenclosed Waste
								Piles
1. Modification or addition of landfill units that
								result in increasing the facility's disposal capacity
3
2. Replacement of a landfill
3
3. Addition or modification of a liner, leachate
								collection system, leachate detection system, run-off control or final cover
								system
3
4. Modification of a landfill unit without changing
								a liner, leachate collection system, leachate detection system, run-off control
								or final cover system
2
5. Modification of a landfill management
								practice
2
6. Landfill different wastes:
a. That require additional or different management
								practices, different design of the liner, leachate collection system or
								leachate detection system
3
b. That do not require additional or different
								management practices, different design of the liner, leachate collection system
								or leachate detection system
2
c. That are wastes restricted from land disposal
								that meet the applicable treatment standards and if the landfill unit meets the
								minimum technological requirements stated in
								40 CFR
								268.5(h) (2). This
								modification is not applicable to dioxin-containing wastes (F020, 021, 022,
								023, 026, 027 and 028) ......
1
d. That are residues from wastewater treatment or
								incineration, if disposal occurs in a landfill unit that meets the minimum
								technological requirements stated in
								40 CFR
								268.5(h) (2), and provided
								further that the landfill has previously received wastes of the same type (for
								example, incinerator ash). This modification is not applicable to
								dioxin-containing wastes (F020, 021, 022, 023, 026, 027 and
								028)
1
7. Modifications of unconstructed units to comply
								with ss.
								NR
								664.0251(3), 664.0252, 664.0253,
								664.0254(3), 664.0301(3), 664.0302, 664.0303(3) and 664.0304
1-1
8. Changes in response action plan:
a. Increase in action leakage rate
3
b. Change in a specific response reducing its
								frequency or effectiveness
3
c. Other changes
2
Note:
See s.
								NR
								670.042(7) for modification
								procedures to be used for the management of newly listed or identified
								wastes.
L.
Incinerators, Boilers and Industrial
								Furnaces:
1. Changes to increase any of the following limits
								authorized in the license: A thermal feed rate limit, a feedstream feed rate
								limit, a chlorine/chloride feed rate limit, a metal feed rate limit or an ash
								feed rate limit. The department will require a new trial burn to substantiate
								compliance with the regulatory performance standards unless this demonstration
								can be made through other means
3
2. Modification of an incinerator, boiler or
								industrial furnace unit by changing the internal size or geometry of the
								primary or secondary combustion units, by adding a primary or secondary
								combustion unit, by substantially changing the design of any component used to
								remove HCl/Cl2, metals or particulate from the
								combustion gases, or by changing other features of the incinerator, boiler or
								industrial furnace that could affect its capability to meet the regulatory
								performance standards. The department will require a new trial burn to
								substantiate compliance with the regulatory performance standards unless this
								demonstration can be made through other means
3
3. Modification of an incinerator, boiler or
								industrial furnace unit in a manner that would not likely affect the capability
								of the unit to meet the regulatory performance standards but which would change
								the operating conditions or monitoring requirements specified in the license.
								The department may require a new trial burn to demonstrate compliance with the
								regulatory performance standards
2
4. Operating requirements:
a. Modification of the limits specified in the
								license for minimum or maximum combustion gas temperature, minimum combustion
								gas residence time, oxygen concentration in the secondary combustion chamber,
								flue gas carbon monoxide and hydrocarbon concentration, maximum temperature at
								the inlet to the particulate matter emission control system, or operating
								parameters for the air pollution control system. The department will require a
								new trial burn to substantiate compliance with the regulatory performance
								standards unless this demonstration can be made through other
								means
3
b. Modification of any stack gas emission limits
								specified in the license, or modification of any conditions in the license
								concerning emergency shutdown or automatic waste feed cutoff procedures or
								controls
3
c. Modification of any other operating condition or
								any inspection or recordkeeping requirement specified in the
								license
2
5. Burning different wastes:
a. If the waste contains a POHC that is more
								difficult to burn than authorized by the license or if burning of the waste
								requires compliance with different regulatory performance standards than
								specified in the license. The department will require a new trial burn to
								substantiate compliance with the regulatory performance standards unless this
								demonstration can be made through other means
3
b. If the waste does not contain a POHC that is
								more difficult to burn than authorized by the license and if burning of the
								waste does not require compliance with different regulatory performance
								standards than specified in the license
2
Note:
See s.
								NR
								670.042(7) for modification
								procedures to be used for the management of newly listed or identified
								wastes.
6. Shakedown and trial burn:
a. Modification of the trial burn plan or any of
								the license conditions applicable during the shakedown period for determining
								operational readiness after construction, the trial burn period, or the period
								immediately following the trial burn
2
b. Authorization of up to an additional 720 hours
								of waste burning during the shakedown period for determining operational
								readiness after construction, with the prior approval of the
								department
1-1
c. Changes in the operating requirements set in the
								license for conducting a trial burn, provided the change is minor and has
								received the prior approval of the department
1-1
d. Changes in the ranges of the operating
								requirements set in the license to reflect the results of the trial burn,
								provided the change is minor and has received the prior approval of the
								department
1-1
7. Substitution of an alternative type of
								nonhazardous waste fuel that is not specified in the license
1
8. Technology changes needed to meet standards
								under 40 CFR part 63 (subpart EEE - National Emission Standards for Hazardous
								Air Pollutants from Hazardous Waste Combustors), provided the procedures of s.
								NR
								670.042(9) are
								followed
1-1
9. Changes to hazardous waste license provisions
								needed to support transition to 40 CFR part 63 (Subpart EEE-National Emission
								Standards for Hazardous Air Pollutants from Hazardous Waste Combustors),
								provided the procedures of s.
								NR
								670.042(11) are
								followed.
11
M.
Containment
								Buildings.
1. Modification or addition of a containment
								building unit or secondary containment system that increases the capacity of
								the unit.
3
2. Modification of a containment building unit or
								secondary containment system without increasing the capacity of the
								unit
2
3. Replacement of a containment building with a
								containment building that meets the same design standards provided:
a. The unit capacity is not
								increased
1
b. The replacement containment building meets the
								same conditions in the license
1
4. Modification of a containment building
								management practice
2
5. Storage or treatment of different wastes in
								containment buildings:
a. That require additional or different management
								practices
3
b. That do not require additional or different
								management practices
2
N.
Corrective Action:
1. Approval of a corrective action management unit
								pursuant to s.
								NR
								664.0552
3
2. Approval of a temporary unit or time extension
								for a temporary unit pursuant to s.
								NR 664.0553
2
3. Approval of a staging pile or staging pile
								operating term extension pursuant to s.
								NR
								664.0554
2
O.
Burden Reduction:
1. Development of one contingency plan based on
								Integrated Contingency Plan Guidance pursuant to s.
								NR
								664.0052(2)
11
2. Changes to recordkeeping and reporting
								requirements pursuant to: ss.
								NR
								664.0056(9), 664.0343(1) (b),
								664.1061(2) (a), (4), 664.1062(1) (b), 664.0196(6), 664.0100(7), and
								664.0113(5) (e)
1
3. Changes to inspection frequency for tank systems
								pursuant to s.
								NR
								664.0195(2)
1
4. Changes to detection and compliance monitoring
								program pursuant to ss.
								NR 664.0098(4), (7)
								(b) and (c) and 664.0099(6) and
								(7).
1
1-1 Class 1 modifications requiring prior department
				  approval.