Wis. Admin. Code Department of Natural Resources, NR 600-699, ch. NR 670, app I

Current through August 26, 2024
Appendix I - CLASSIFICATION OF LICENSE MODIFICATION

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 Changes to remove license conditions that are no longer applicable (i.e., because the standards upon which they are based are no longer applicable to the facility)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.

Wis. Admin. Code Department of Natural Resources, NR 600-699, ch. NR 670, app I

Amended by Register July 2017 No. 739, eff. 8/1/2017
Amended by, Register August 2020 No. 776, eff. 9/1/2020
Amended by, correction in (3) (b) 3. made under s. 13.92(4) (b) 7, Stats., Register April 2021 No. 784, eff. 5/1/2021