Section 668.05. Procedures for case-by-case extensions to an effective date.

 

(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 .

(4)  Pending a decision by the EPA administrator on the application, the applicant is required to comply with all restrictions on land disposal under this chapter once the effective date for the waste has been reached.

CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06.