Section 670.072. Modifications to an interim license.

 

(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. H of 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. H 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. H , the department shall notify the old owner or operator in writing that the old owner or operator no longer needs to comply with subch. H 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 42 USC 6928 (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.

(2)  Except as specifically allowed under this subsection, modifications listed under sub. (1) may not be made if they amount to reconstruction of the hazardous waste management facility. Reconstruction occurs when the capital investment in the changes to the facility exceeds 50 % of the capital cost of a comparable entirely new hazardous waste management facility. If all other requirements are met, the following modifications may be made even if they amount to a reconstruction:

(a) Modifications made solely for the purposes of complying with s. NR 665.0193 for tanks and ancillary equipment.

(b) If necessary to comply with federal or state requirements, modifications to an existing unit, modifications solely involving tanks or containers or addition of replacement surface impoundments that satisfy the standards of ch. 291 , Stats. , and chs. NR 660 to 679 .

(c) Modifications that are necessary to allow owners or operators to continue handling newly listed or identified hazardous wastes that have been treated, stored or disposed of at the facility prior to the effective date of the rule establishing the new listing or identification.

(d) Modifications during closure of a facility or of a unit within a facility made according to an approved closure plan.

(e) Modifications necessary to comply with an interim status or interim license corrective action order issued by EPA under 42 USC 6928 (h) or other federal authority, by the department under s. 291.37 , Stats., or by a court in a judicial proceeding brought by EPA or the department, if the modifications are limited to the treatment, storage or disposal of solid waste from releases that originate within the boundary of the facility.

(f) Modifications to treat or store, in tanks, containers or containment buildings, hazardous wastes subject to land disposal restrictions imposed by ch. NR 668 , if the changes are made solely for the purpose of complying with ch. NR 668 .

(g) Addition of newly regulated units under sub. (1) (f) .

(h) Modifications necessary to comply with standards under 40 CFR part 63 , subpart EEE— national emission standards for hazardous air pollutants from hazardous waste combustors.

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