Chapter NR 670

NR 670.022(2)(e) (e) Implementation plan to monitor over time changes in the operation of the facility that could reduce the baseline HC level and procedures to periodically confirm the baseline HC level.

NR 670.022(2)(f) (f) Other information as the department finds necessary to achieve the purposes of this subsection.

NR 670.022(3) (3) Alternative metals implementation approach. When seeking to be licensed under an alternative metals implementation approach under s. NR 666.106 (6), the owner or operator shall submit documentation specifying how the approach ensures compliance with the metals emissions standards of s. NR 666.106 (3) or (4) and how the approach can be effectively implemented and monitored. Further, the owner or operator shall provide other information that the department finds necessary to achieve the purposes of this subsection.

NR 670.022(4) (4) Automatic waste feed cutoff system. Owners and operators shall submit information describing the automatic waste feed cutoff system, including any pre-alarm systems that may be used.

NR 670.022(5) (5) Direct transfer. Owners and operators that use direct transfer operations to feed hazardous waste from transport vehicles (containers, as defined in s. NR 666.111) directly to the boiler or industrial furnace shall submit information supporting conformance with the standards for direct transfer provided by s. NR 666.111.

NR 670.022(6) (6) Residues. Owners and operators that claim that their residues are excluded from regulation under s. NR 666.112 shall submit information adequate to demonstrate conformance with that section.

NR 670.022 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; corrections in (intro.), (1) (b) 2. e. made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (intro.), (1) (b) 2. b. Register July 2017 No. 739, eff. 8-1-17; correction in (intro.) made under s. 35.17, Stats., Register July 2017 No. 739.

NR 670.023 NR 670.023 Specific feasibility and plan of operation report information requirements for miscellaneous units. Except as otherwise provided in s. NR 664.0600, owners and operators of facilities that treat, store or dispose of hazardous waste in miscellaneous units shall provide all of the following additional information:

NR 670.023(1) (1) A detailed description of the unit being used or proposed for use, including all of the following:

NR 670.023(1)(a) (a) Physical characteristics, materials of construction and dimensions of the unit.

NR 670.023(1)(b) (b) Detailed plans and engineering reports describing how the unit will be located, designed, constructed, operated, maintained, monitored, inspected and closed to comply with ss. NR 664.0601 and 664.0602.

NR 670.023(1)(c) (c) For disposal units, a detailed description of the plans to comply with the long-term care requirements of s. NR 664.0603.

NR 670.023(2) (2) Detailed hydrologic, geologic and meteorologic assessments and land-use maps for the region surrounding the site that address and ensure compliance of the unit with each factor in the environmental performance standards of s. NR 664.0601. If the applicant can demonstrate that the applicant does not violate the environmental performance standards of s. NR 664.0601 and the department agrees with the demonstration, preliminary hydrologic, geologic and meteorologic assessments will suffice.

NR 670.023(3) (3) Information on the potential pathways of exposure of humans or environmental receptors to hazardous waste or hazardous constituents and on the potential magnitude and nature of exposures.

NR 670.023(4) (4) For any treatment unit, a report on a demonstration of the effectiveness of the treatment based on laboratory or field data.

NR 670.023(5) (5) Any additional information determined by the department to be necessary for evaluation of compliance of the unit with the environmental performance standards of s. NR 664.0601.

NR 670.023 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 670.024 NR 670.024 Specific feasibility and plan of operation report information requirements for process vents. Except as otherwise provided in s. NR 664.0001, owners and operators of facilities that have process vents to which subch. AA of ch. NR 664 applies shall provide all of the following additional information:

NR 670.024(1) (1) For facilities that cannot install a closed-vent system and control device to comply with subch. AA of ch. NR 664 on the effective date that the facility becomes subject to subch. AA of ch. NR 664 or subch. AA of ch. NR 665, an implementation schedule as specified in s. NR 664.1033 (1) (b).

NR 670.024(2) (2) Documentation of compliance with the process vent standards in s. NR 664.1032, including all of the following:

NR 670.024(2)(a) (a) Information and data identifying all affected process vents, annual throughput and operating hours of each affected unit, estimated emission rates for each affected vent and for the overall facility (i.e., the total emissions for all affected vents at the facility), and the approximate location within the facility of each affected unit (e.g., identify the hazardous waste management units on a facility plot plan).

NR 670.024(2)(b) (b) Information and data supporting estimates of vent emissions and emission reduction achieved by add-on control devices based on engineering calculations or source tests. For the purpose of determining compliance, estimates of vent emissions and emission reductions shall be made using operating parameter values (e.g., temperatures, flow rates or concentrations) that represent the conditions that exist when the waste management unit is operating at the highest load or capacity level reasonably expected to occur.

NR 670.024(2)(c) (c) Information and data used to determine whether or not a process vent is subject to s. NR 664.1032.

NR 670.024(3) (3) Where an owner or operator applies for permission to use a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser or carbon adsorption system to comply with s. NR 664.1032, and chooses to use test data to determine the organic removal efficiency or the total organic compound concentration achieved by the control device, a performance test plan as specified in s. NR 664.1035 (2) (c).

NR 670.024(4) (4) Documentation of compliance with s. NR 664.1033, including all of the following:

NR 670.024(4)(a) (a) A list of all information references and sources used in preparing the documentation.

NR 670.024(4)(b) (b) Records, including the dates, of each compliance test required by s. NR 664.1033 (11).

NR 670.024(4)(c) (c) A design analysis, specifications, drawings, schematics and piping and instrumentation diagrams based on the appropriate sections of APTI Course 415: Control of Gaseous Emissions, incorporated by reference in s. NR 660.11, or other engineering texts acceptable to the department that present basic control device design information. The design analysis shall address the vent stream characteristics and control device operation parameters as specified in s. NR 664.1035 (2) (d) 3.

NR 670.024(4)(d) (d) A statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is or would be operating at the highest load or capacity level reasonably expected to occur.

NR 670.024(4)(e) (e) A statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of 95 weight % or greater unless the total organic emission limits of s. NR 664.1032 (1) for affected process vents at the facility can be attained by a control device involving vapor recovery at an efficiency less than 95 weight %.

NR 670.024 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (4) (c) Register July 2017 No. 739, eff. 8-1-17.

NR 670.025 NR 670.025 Specific feasibility and plan of operation report information requirements for equipment. Except as otherwise provided in s. NR 664.0001, owners and operators of facilities that have equipment to which subch. BB of ch. NR 664 applies shall provide all of the following additional information:

NR 670.025(1) (1) For each piece of equipment to which subch. BB of ch. NR 664 applies, provide all of the following:

NR 670.025(1)(a) (a) Equipment identification number and hazardous waste management unit identification.

NR 670.025(1)(b) (b) Approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot plan).

NR 670.025(1)(c) (c) Type of equipment (e.g., a pump or pipeline valve).

NR 670.025(1)(d) (d) Percent by weight total organics in the hazardous waste stream at the equipment.

NR 670.025(1)(e) (e) Hazardous waste state at the equipment (e.g., gas, vapor or liquid).

NR 670.025(1)(f) (f) Method of compliance with the standard (e.g., monthly leak detection and repair or equipped with dual mechanical seals).

NR 670.025(2) (2) For facilities that cannot install a closed-vent system and control device to comply with subch. BB of ch. NR 664 on the effective date that the facility becomes subject to subch. BB of ch. NR 664 or subch. BB of ch. NR 665, an implementation schedule as specified in s. NR 664.1033 (1) (b).

NR 670.025(3) (3) Where an owner or operator applies for permission to use a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser or carbon adsorption system and chooses to use test data to determine the organic removal efficiency or the total organic compound concentration achieved by the control device, a performance test plan as specified in s. NR 664.1035 (2) (c).

NR 670.025(4) (4) Documentation that demonstrates compliance with the equipment standards in ss. NR 664.1052 to 664.1059. This documentation shall contain the records required under s. NR 664.1064. The department may request further documentation before deciding if compliance has been demonstrated.

NR 670.025(5) (5) Documentation to demonstrate compliance with s. NR 664.1060 shall include all of the following information:

NR 670.025(5)(a) (a) A list of all information references and sources used in preparing the documentation.

NR 670.025(5)(b) (b) Records, including the dates, of each compliance test required by s. NR 664.1033 (10).

NR 670.025(5)(c) (c) A design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of ATPI Course 415: Control of Gaseous Emissions, incorporated by reference in s. NR 660.11, or other engineering texts acceptable to the department that present basic control device design information. The design analysis shall address the vent stream characteristics and control device operation parameters as specified in s. NR 664.1035 (2) (d) 3.

NR 670.025(5)(d) (d) A statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur.

NR 670.025(5)(e) (e) A statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of 95 weight % or greater.

NR 670.025 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.

NR 670.026 NR 670.026 Specific feasibility and plan of operation report information requirements for drip pads. Except as otherwise provided by s. NR 664.0001, owners and operators of hazardous waste treatment, storage or disposal facilities that collect, store or treat hazardous waste on drip pads shall provide all of the following additional information:

NR 670.026(1) (1) A list of hazardous wastes placed or to be placed on each drip pad.

NR 670.026(2) (2) If an exemption is sought to subch. F of ch. NR 664, as provided by s. NR 664.0090, detailed plans and an engineering report describing how s. NR 664.0090 (2) (b) will be met.

NR 670.026(3) (3) Detailed plans and an engineering report describing how the drip pad is or will be designed, constructed, operated and maintained to meet s. NR 664.0573, including the as-built drawings and specifications. This submission shall address all of the following items as specified in s. NR 664.0571:

NR 670.026(3)(a) (a) The design characteristics of the drip pad.

NR 670.026(3)(b) (b) The liner system.

NR 670.026(3)(c) (c) The leakage detection system, including the leak detection system and how it is designed to detect the failure of the drip pad or the presence of any releases of hazardous waste or accumulated liquid at the earliest practicable time.

NR 670.026(3)(d) (d) Practices designed to maintain drip pads.

NR 670.026(3)(e) (e) The associated collection system.

NR 670.026(3)(f) (f) Control of run-on to the drip pad.

NR 670.026(3)(g) (g) Control of run-off from the drip pad.

NR 670.026(3)(h) (h) The interval at which drippage and other materials will be removed from the associated collection system and a statement demonstrating that the interval will be sufficient to prevent overflow onto the drip pad.

NR 670.026(3)(i) (i) Procedures for cleaning the drip pad at least once every 7 days to ensure the removal of any accumulated residues of waste or other materials, including but not limited to rinsing, washing with detergents or other appropriate solvents, or steam cleaning and provisions for documenting the date, time and cleaning procedure used each time the pad is cleaned.

NR 670.026(3)(j) (j) Operating practices and procedures that will be followed to ensure that tracking of hazardous waste or waste constituents off the drip pad due to activities by personnel or equipment is minimized.

NR 670.026(3)(k) (k) Procedures for ensuring that, after removal from the treatment vessel, treated wood from pressure and non-pressure processes is held on the drip pad until drippage has ceased, including recordkeeping practices.

NR 670.026(3)(L) (L) Provisions for ensuring that collection and holding units associated with the run-on and run-off control systems are emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system.

NR 670.026(3)(m) (m) If treatment is carried out on the drip pad, details of the process equipment used, and the nature and quality of the residuals.

NR 670.026(3)(n) (n) A description of how each drip pad, including appurtenances for control of run-on and run-off, will be inspected in order to meet s. NR 664.0573. This information shall be included in the inspection plan submitted under s. NR 670.014 (2) (e).

NR 670.026(3)(o) (o) A certification signed by a qualified professional engineer, stating that the drip pad design meets s. NR 664.0573 (1) to (6).

NR 670.026(3)(p) (p) A description of how hazardous waste residues and contaminated materials will be removed from the drip pad at closure, as required under s. NR 664.0575 (1). For any waste not to be removed from the drip pad upon closure, the owner or operator shall submit detailed plans and an engineering report describing how s. NR 664.0310 (1) and (2) will be complied with. This information shall be included in the closure plan and, where applicable, the long-term care plan submitted under s. NR 670.014 (2) (m).

NR 670.026 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (3) (o) Register July 2017 No. 739, eff. 8-1-17.

NR 670.027 NR 670.027 Specific feasibility and plan of operation report information requirements for air emission controls for tanks, surface impoundments and containers.

NR 670.027(1) (1) Except as otherwise provided in s. NR 664.0001, owners and operators of tanks, surface impoundments or containers that use air emission controls according to subch. CC of ch. NR 664 shall provide all of the following additional information:

NR 670.027(1)(a) (a) Documentation for each floating roof cover installed on a tank subject to s. NR 664.1084 (4) (a) or (b) that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the applicable design specifications as listed in s. NR 664.1084 (5) (a) or (6) (a).

NR 670.027(1)(b) (b) Identification of each container area subject to subch. CC of ch. NR 664 and certification by the owner or operator that the requirements of this subchapter are met.

NR 670.027(1)(c) (c) Documentation for each enclosure used to control air pollutant emissions from tanks or containers according to s. NR 664.1084 (4) (e) or 664.1086 (5) (a) 2. that includes records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of a permanent total enclosure as specified in “Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure” under 40 CFR 52.741, appendix B.

NR 670.027(1)(d) (d) Documentation for each floating membrane cover installed on a surface impoundment according to s. NR 664.1085 (3) that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications listed in s. NR 664.1085 (3) (a).

NR 670.027(1)(e) (e) Documentation for each closed-vent system and control device installed according to s. NR 664.1087 that includes design and performance information as specified in s. NR 670.024 (3) and (4).

NR 670.027(1)(f) (f) An emission monitoring plan for both Method 21 in 40 CFR part 60, appendix A, incorporated by reference in s. NR 660.11, and control device monitoring methods. This plan shall include the following information: monitoring points, monitoring methods for control devices, monitoring frequency, procedures for documenting exceedances and procedures for mitigating noncompliances.

NR 670.027(1)(g) (g) When an owner or operator of a facility subject to subch. CC of ch. NR 665 cannot comply with subch. CC of ch. NR 664 by the date of license issuance, the schedule of implementation required under s. NR 665.1082.

NR 670.027 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 670.028 NR 670.028 Information requirements for long-term care licenses. For long-term care licenses, the owner or operator shall submit only the information specified in ss. NR 670.014 (2) (a), (d) to (f), (k), (m), (n), (p) and (s), (3) and (4), unless the department determines that additional information from s. NR 670.014, 670.016, 670.017, 670.018 or 670.021 is necessary. The owner or operator shall submit the same information when an alternative authority is used in lieu of a long-term care license as provided in s. NR 670.001 (3) (g).

NR 670.028 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 670.029 NR 670.029 License denial. The department may, pursuant to the procedures in s. NR 670.043 (2) and subch. L, deny the license application either in its entirety or as to the active life of a hazardous waste management facility or unit only.

NR 670.029 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. C of ch. NR 670 Subchapter C — License Conditions

NR 670.030 NR 670.030 Conditions applicable to all operating licenses. The following conditions apply to all hazardous waste licenses, and shall be incorporated into the operating license either expressly or by reference. If incorporated by reference, a specific citation to this chapter shall be given in the license.

NR 670.030(1) (1) Duty to comply. The licensee shall comply with all conditions of the operating license, except that the licensee need not comply with the conditions of the operating license to the extent and for the duration the noncompliance is authorized in an emergency license under s. NR 670.061. Any license noncompliance, except under the terms of an emergency license, constitutes a violation of ch. 291, Stats., and chs. NR 660 to 673 and is grounds for enforcement action; for license revocation, suspension, or modification; or for denial of a license reissuance application.

NR 670.030(2) (2) Duty to reapply. If the licensee wishes to continue an activity regulated by an operating license after the expiration date of the operating license, the licensee shall apply for and obtain a new operating license.

NR 670.030(3) (3) Need to halt or reduce activity not a defense. It is not a defense for a licensee in an enforcement action that it would have been necessary to halt or reduce the licensed activity in order to maintain compliance with the conditions of the license.