Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 668 - Hazardous Waste Land Disposal Restrictions › Subchapter A - General › Section NR 668.05 - Procedures for case-by-case extensions to an effective date

Current through June 24, 2024
(1) Any person who
				  generates, treats, stores, or disposes of a hazardous waste may submit an
				  application under
				  40 CFR
				  268.5, to the EPA administrator for an
				  extension to the effective date of any applicable restriction established under
				  subch. C of ch. NR 668. The EPA administrator retains the authority to
				  implement all requirements of
				  40 CFR
				  268.5.
(2) An extension granted by the EPA
				  administrator will apply only to the waste generated at the individual facility
				  covered by the application and will not apply to restricted waste from any
				  other facility.
(3) Whenever the
				  EPA administrator establishes an extension to an effective date under
				  40 CFR
				  268.5, during the period for which the
				  extension is in effect all of the following conditions apply:
(a) The hazardous waste covered by the
				  extension is exempt from storage restrictions under s.
				  NR
				  668.50(1).
(b) The hazardous waste covered by the
				  extension may be disposed in a landfill or surface impoundment, regardless of
				  whether the unit is existing, new, or a replacement or lateral expansion, if
				  the unit complies with all of the following technical requirements:
1. The landfill, if under an interim license,
				  complies with the requirements of subch. F of ch. NR 665 and s.
				  NR 665.0301(1),
				  (3), and (4).
2. The landfill, if licensed, complies with
				  the requirements of subch. F of ch. NR 664 and s.
				  NR 664.0301(3),
				  (4) and (5).
3. The surface impoundment, if under an
				  interim license, complies with the requirements of subch. F of ch. NR 665 and
				  s.
				  NR 665.0221(1),
				  (3), and (4), and
				  42
				  USC 6925(j)(1).
4. The surface impoundment, if licensed,
				  complies with the requirements of subch. F of ch. NR 664 and s.
				  NR 664.0221(3),
				  (4), and (5).
5. The surface impoundment, if newly subject
				  to
				  42
				  USC 6925(j)(1) due to the
				  promulgation of additional listings or characteristics for the identification
				  of hazardous waste, complies with the requirements of subch. F of ch. NR 665
				  within 12 months after the promulgation of additional listings or
				  characteristics of hazardous waste, and complies with the requirements of s.
				  NR 665.0221(1),
				  (3), and (4) within 48 months after the
				  promulgation of additional listings or characteristics of hazardous waste. If a
				  national capacity variance is granted, during the period the variance is in
				  effect, the surface impoundment, if newly subject to
				  42
				  USC 6925(j)(1) due to the
				  promulgation of additional listings or characteristics of hazardous waste,
				  complies with the requirements of subch. F of ch. NR 665 within 12 months after
				  the promulgation of additional listings or characteristics of hazardous waste,
				  and with the requirements of s.
				  NR 665.0221(1),
				  (3) and (4) within 48 months after the
				  promulgation of additional listings or characteristics of hazardous
				  waste.
6. The landfill, if
				  disposing of containerized liquid hazardous wastes containing PCBs at
				  concentrations greater than or equal to 50 ppm but less than 500 ppm, also
				  complies with
				  40 CFR
				  761.75 and chs. NR 664 and 665.