1) Identify a subset of relevant existing license requirements or develop alternative license requirements that ensure emissions of toxic compounds are minimized from startup, shutdown and malfunction events, including releases from emergency safety vents, based on review of information including the source's startup, shutdown and malfunction plan, design and operating history.
2) Retain or add these license requirements to the license to apply only when the facility is operating under its startup, shutdown and malfunction plan.
NR 670.235(1)(a)2.b.
b. 1) The owner or operator shall notify the department in writing of changes to the startup, shutdown and malfunction plan or changes to the design of the source that may significantly increase emissions of toxic compounds from startup, shutdown or malfunction events, including releases from emergency safety vents. The owner or operator shall notify the department of the changes within 5 days of making the changes. The owner or operator shall identify in the notification recommended revisions to license conditions necessary as a result of the changes to ensure that emissions of toxic compounds are minimized during these events.
2) The department may revise license conditions as a result of these changes to ensure that emissions of toxic compounds are minimized during startup, shutdown, or malfunction events, including releases from emergency safety vents either:
a) Upon operating license reissuance, or, if warranted,
NR 670.235(1)(a)3.
3. `Remove license conditions.' Under this option, all of the following shall be met:
NR 670.235(1)(b)
(b) The owner or operator of an incinerator, cement kiln or lightweight aggregate kiln that has conducted a comprehensive performance test and submitted to the department a notification of compliance documenting compliance with the standards of
40 CFR part 63, subpart EEE may request in the application to reissue the license for the combustion unit that the owner or operator control emissions from startup, shutdown and malfunction events under any of the following options:
NR 670.235(1)(b)1.
1. `Option A' a. Under this option, the department will do all of the following:
2) Specify that these license requirements apply only when the facility is operating under its startup, shutdown, and malfunction plan.
NR 670.235(1)(b)2.
2. `Option B' a. Under this option, the department will do all of the following:
1) Include, in the license, conditions that ensure emissions of toxic compounds are minimized from startup, shutdown and malfunction events, including releases from emergency safety vents, based on review of information including the source's startup, shutdown and malfunction plan, design and operating history.
2) Specify that these license requirements apply only when the facility is operating under its startup, shutdown and malfunction plan.
NR 670.235(1)(b)2.b.
b. 1) The owner or operator shall notify the department in writing of changes to the startup, shutdown and malfunction plan or changes to the design of the source that may significantly increase emissions of toxic compounds from startup, shutdown or malfunction events, including releases from emergency safety vents. The owner or operator shall notify the department of the changes within 5 days of making the changes. The owner or operator shall identify in the notification recommended revisions to license conditions necessary as a result of the changes to ensure that emissions of toxic compounds are minimized during these events.
2) The department may revise license conditions as a result of these changes to ensure that emissions of toxic compounds are minimized during startup, shutdown or malfunction events, including releases from emergency safety vents either:
a) Upon license renewal, or, if warranted,
NR 670.235(2)(a)(a)
Interim license operations. In compliance with
ss. NR 665.0340 and
666.100 (2), the owner or operator of an incinerator, cement kiln or lightweight aggregate kiln that is operating under the interim license standards of
ch. NR 665 or
666 may control emissions of toxic compounds during startup, shutdown and malfunction events under any of the following options after conducting a comprehensive performance test and submitting to the department a notification of compliance documenting compliance with the standards of
40 CFR part 63, subpart EEE:
NR 670.235(2)(a)1.
1. `RCRA option.' Under this option, the owner or operator continues to comply with the interim license emission standards and operating requirements of
ch. NR 665 or
666 relevant to control of emissions from startup, shutdown and malfunction events. Those standards and requirements apply only during startup, shutdown and malfunction events.
NR 670.235(2)(a)2.
2. `CAA option.' Under this option, the owner or operator is exempt from the interim license standards of
ch. NR 665 or
666 relevant to control of emissions of toxic compounds during startup, shutdown and malfunction events upon submission of written notification and documentation to the department that the startup, shutdown and malfunction plan required under
40 CFR 63.1206(c)(2) has been approved by the department under
40 CFR 63.1206(c)(2)(ii)(B).
NR 670.235(2)(b)
(b)
Operations under a subsequent operating license. When an owner or operator of an incinerator, cement kiln or lightweight aggregate kiln that is operating under the interim license standards of
ch. NR 665 or
666 submits an operating license application, the owner or operator may request that the department control emissions from startup, shutdown and malfunction events under any of the options provided by
sub. (1) (b) 1.,
2. or
3.
NR 670.235 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 670.401
NR 670.401
Purpose and scope. This subchapter and subch.
M contain department procedures for issuing, modifying, revoking and reissuing or denying licenses.
NR 670.401 Note
Note: To coordinate decisionmaking when a permit will be issued by EPA and an operating license will be issued by the department, this chapter allows applications to be jointly processed, joint comment periods and hearings to be held, and a final permit and license to be issued on a cooperative basis whenever EPA and the department agree to take these steps in general or in individual cases.
NR 670.401 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 670.403
NR 670.403
License application procedures. NR 670.403(1)(a)
(a) Any person required to have a license under
s. NR 670.001 shall complete, sign and submit a license application to the department.
NR 670.403(3)
(3) The department shall review for completeness every license application. Each license application submitted by the owner or operator of a HWM facility consisting of both the Part A and the feasibility and plan of operation report, shall be reviewed for completeness within 60 days of receipt. Upon completing the review, the department shall notify the applicant in writing whether the license application is complete. If the license application is incomplete, the department shall list the information necessary to make the license application complete. When the license application is for an existing HWM facility, the department shall specify in the notice of incompleteness a date for submitting the necessary submitted material. Requests for additional information will not render a license application incomplete.
NR 670.403(4)
(4) If an applicant fails or refuses to correct deficiencies in the license application, the license application may be denied and appropriate enforcement actions may be taken under
ch. 291, Stats.
NR 670.403(5)
(5) If the department decides that a site visit is necessary for any reason in conjunction with the review of a license application, the department shall notify the applicant and a date shall be scheduled.
NR 670.403 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 670.404
NR 670.404
Consolidation of EPA permit and department license processing. NR 670.404(1)(a)
(a) Whenever a facility or activity requires a department license and EPA permit, processing of the license and permit applications for the license and permit may be consolidated. The first step in consolidation is to prepare the preliminary determination of the license application and draft permit at the same time.
NR 670.404(1)(b)
(b) Whenever a preliminary determination of the license application and the draft permit are prepared at the same time, the statements of basis, required under
40 CFR 124.7 for EPA issued permits only, or fact sheets, required under
s. NR 670.408, public comment periods,
s. NR 670.410, and any public hearings,
s. NR 670.412, on the preliminary determination and permit may also be consolidated. The operating license and permit may be issued together. They need not be issued together if in the judgment of the EPA or department, joint processing would result in unreasonable delay in the issuance of the permit or operating license.
NR 670.404(3)
(3) Processing of the permit and license applications under
sub. (1) may be consolidated by doing all of the following:
NR 670.404(3)(b)
(b) The EPA and the department may agree to consolidate the draft permit and preliminary determination whenever a facility or activity requires both a permit and an operating license.
NR 670.404(3)(c)
(c) Permit and license applicants may recommend whether or not the processing of their applications shall be consolidated.
NR 670.404 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 670.405
NR 670.405
Modification, revocation and reissuance, or revocation or denial of licenses. NR 670.405(1)
(1) Licenses may be modified, revoked and reissued, or revoked or denied either at the request of any interested person, including the licensee, or upon the department's initiative. However, licenses may only be modified, revoked and reissued, or revoked or denied for the reasons specified in
ss. NR 670.010 (5) (e),
670.041,
670.043 and s.
291.87 (1m), Stats. All requests shall be in writing and shall contain facts or reasons supporting the request.
NR 670.405(2)
(2) If the department decides the request is not justified, the department shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or revocation or denial are not subject to public notice, comment, or hearings.
NR 670.405(3)(a)(a) If the department tentatively decides to modify or revoke and reissue a license under
s. NR 670.041 or
670.042 (3), the department shall prepare a preliminary determination under
s. NR 670.406 incorporating the proposed changes. The department may request additional information and, in the case of a modified license, may require the submission of an updated license application. In the case of revoked and reissued licenses, the department shall require the submission of a new license application.
NR 670.405(3)(b)
(b) In a license modification under this section, only those conditions to be modified shall be reopened when a new preliminary determination is prepared. All other aspects of the existing license shall remain in effect for the duration of the unmodified license. When a license is revoked and reissued under this section, the entire license is reopened just as if the license had expired and was being reissued. During any revocation and reissuance proceeding the licensee shall comply with all conditions of the existing license until a new final license is reissued.
NR 670.405(4)
(4) If the department tentatively decides to revoke or deny a license under
s. NR 670.043 where the licensee objects, the department shall issue a notice of intent to revoke or deny.
NR 670.405 Note
Note: Procedures for revocation, suspension or denial of a license are found in s.
291.87, Stats.
NR 670.405(5)
(5) All preliminary determinations, including notices of intent to revoke or deny, prepared under this section shall be based on the administrative record as defined in
s. NR 670.409.
NR 670.405 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 670.406
NR 670.406
Preliminary determination of license applications. NR 670.406(1)(1) Before issuing a preliminary determination, the department shall complete the environmental review process under
ch. NR 150. Once the department determines that a license application is complete, the department shall issue a preliminary determination to approve or deny the application.
NR 670.406(4)
(4) The preliminary determination shall contain all of the following information:
NR 670.406 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 670.408(1)(1) A fact sheet shall be prepared for every preliminary determination. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the preliminary determination. The department shall send this fact sheet to the applicant and, on request, to any other person.
NR 670.408(2)
(2) The fact sheet shall include all of the following, when applicable:
NR 670.408(2)(a)
(a) A brief description of the type of facility or activity which is the subject of the preliminary determination.
NR 670.408(2)(b)
(b) The type and quantity of wastes which are proposed to be or are being treated, stored or disposed of.
NR 670.408(2)(d)
(d) A brief summary of the basis for the preliminary determination conditions including references to applicable statutory or regulatory provisions and appropriate supporting references to the administrative record required by
s. NR 670.409.
NR 670.408(2)(e)
(e) Reasons why any requested alternatives to required standards do or do not appear justified.
NR 670.408(2)(f)
(f) A description of the procedures for reaching a final decision on the preliminary determination including all of the following:
NR 670.408(2)(f)1.
1. The beginning and ending dates of the comment period under
s. NR 670.410 and the address where comments will be received.
NR 670.408(2)(f)3.
3. Any other procedures by which the public may participate in the final decision.
NR 670.408(2)(g)
(g) Name and telephone number of a person to contact for additional information.
NR 670.408 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 670.409(1)
(1) The provisions of a preliminary determination prepared by the department under
s. NR 670.406 shall be based on the administrative record which consists of the following:
NR 670.409(1)(a)
(a) The application and any supporting data furnished by the applicant.
NR 670.409(1)(c)
(c) The preliminary environmental assessment or environmental impact statement (EIS) if required by s.
1.11, Stats.
