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,
b) By modifying the license under s. NR 670.041 (1) or 670.042.
NR 670.235(1)(a)3. 3. `Remove license conditions.' Under this option, all of the following shall be met:
NR 670.235(1)(a)3.a. a. The owner or operator shall document 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NR 670.235(1)(a)3.b. b. The department will remove license conditions that are no longer applicable according to ss. NR 664.0340 (2) and 666.100 (2).
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:
1) Include, in the license, conditions that ensure compliance with ss. NR 664.0345 (1) and 664.0345 (3) or ss. NR 666.102 (5) (a) and 666.102 (5) (b) 3. to minimize emissions of toxic compounds from startup, shutdown and malfunction events, including releases from emergency safety vents.
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,
b) By modifying the license under ss. NR 670.041 (1) or 670.042.
NR 670.235(1)(b)3. 3. CAA option.' Under this option, all of the following shall be met:
NR 670.235(1)(b)3.a. a. The owner or operator shall document 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(1)(b)3.b. b. The department will omit from the license conditions that are not applicable under ss. NR 664.0340 (2) and 666.100 (2).
NR 670.235(2) (2) Interim licensed facilities.
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, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace 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(3) (3) New units. Hazardous waste incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler or hydrochloric acid production furnace units that become subject to hazardous waste licensing requirements after October 12, 2005 shall control emissions of toxic compounds during startup, shutdown, and malfunction events under either of the following options:
NR 670.235(3)(a) (a) Comply with the requirements specified in 40 CFR 63.1206 (c) (2).
NR 670.235(3)(b) (b) Request to include in the hazardous waste 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 and design. The department will specify that these license conditions apply only when the facility is operating under its startup, shutdown, and malfunction plan.
NR 670.235 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (title), (1) (a) (intro.), (2) (a) (intro.), cr. (3) Register July 2017 No. 739, eff. 8-1-17.
subch. J of ch. NR 670 Subchapter J — Standardized Licenses for Storage and Treatment Units
NR 670.250 NR 670.250What is a standardized license? The standardized license is a special form of license that may consist of 2 parts: a uniform portion that the department issues in all cases and a supplemental portion that the department issues at its discretion. The term “standardized license” is defined in s. NR 670.002 (23m).
NR 670.250(1) (1) What comprises the uniform portion? The uniform portion of a standardized license consists of terms and conditions relevant to the unit or units you are operating at your facility and are found in ch. NR 667. If you intend to operate under the standardized license, comply with the terms and conditions in ch. NR 667.
NR 670.250(2) (2) What comprises the supplemental portion? The supplemental portion of a standardized license consists of site-specific terms and conditions beyond those of the uniform portion that the department may impose on your particular facility, as necessary to protect human health and the environment. If the department issues you a supplemental portion, you shall comply with the site-specific terms and conditions it imposes.
NR 670.250(2)(a) (a) When required under s. NR 667.0101, provisions to implement corrective action shall be included in the supplemental portion.
NR 670.250(2)(b) (b) Unless otherwise specified, these supplemental license terms and conditions apply to your facility in addition to the terms and conditions of the uniform portion of the standardized license and not in place of any of those terms and conditions.
NR 670.250 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 670.255 NR 670.255Who is eligible for a standardized license?
NR 670.255(1)(1)You may be eligible for a standardized license if either par. (a) or (b) applies:
NR 670.255(1)(a) (a) You generate hazardous waste and then store or non-thermally treat the hazardous waste on-site in containers, tanks, or containment buildings.
NR 670.255(1)(b) (b) You receive hazardous waste generated off-site by a generator under the same ownership as the receiving facility and then store or non-thermally treat the hazardous waste in containers, tanks, or containment buildings.
NR 670.255(1)(c) (c) In either case, the department shall inform you of your eligibility when a decision is made on your license application.
NR 670.255 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 670.260 NR 670.260What requirements of ch. NR 670 do and do not apply to a standardized license? The following sections of this chapter apply to a standardized license:
NR 670.260(1) (1)Subchapter A — General Information: All sections.
NR 670.260(2) (2)Subchapter B — License Application: Sections NR 670.010, 670.011, 670.012, 670.013, and 670.029.
NR 670.260(3) (3)Subchapter C — License Conditions: All sections.
NR 670.260(4) (4)Subchapter D — Changes to Licenses: Sections NR 670.040, 670.041, and 670.043.
NR 670.260(5) (5)Subchapter E — Expiration and Continuation of Licenses: All sections.
NR 670.260(6) (6)Subchapter F — Special Forms of Licenses: Section NR 670.067.
NR 670.260(7) (7)Subchapter G — Interim Licenses: All sections.
NR 670.260(8) (8)Subchapter H — Remediation Variances: Does not apply.
NR 670.260(9) (9)Subchapter J — Standardized Licenses: All sections.
NR 670.260 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 670.270 NR 670.270How do I apply for a standardized license?
NR 670.270(1)(1)Apply for a standardized license by following the procedures in this subchapter.
NR 670.270(2) (2)Submit a written notice of intent to operate under a standardized license to the department. Include the information and certifications required under this subchapter.
NR 670.270 History History: CR 16-007: cr. Register July 2017 No. 739.
NR 670.275 NR 670.275What information shall I submit to the department to support my standardized license application? The information in subs. (1) to (9) shall be the basis of your standardized license application. Submit the application to the department when you submit your notice of intent under s. NR 670.270 (2) requesting coverage under a standardized license.
NR 670.275(1) (1)The part A information described in s. NR 670.013.
NR 670.275(2) (2)A meeting summary and other materials required by s. NR 670.431.
NR 670.275(3) (3)Documentation of compliance with the location standards of ss. NR 667.0018 and 670.014 (2) (k).
NR 670.275(4) (4)Solid waste management unit information required by s. NR 670.014 (4).
NR 670.275(5) (5)A certification meeting the requirements of s. NR 670.280 and an audit of the facility's compliance status with ch. NR 667 as required by s. NR 670.280.
NR 670.275(6) (6)A closure plan prepared according to subch. G of ch. NR 667.
NR 670.275(7) (7)The most recent closure cost estimate for your facility prepared under s. NR 667.0142 and a copy of the documentation required to demonstrate financial assurance under s. NR 667.0143. For a new facility, you may gather the required documentation 60 days before the initial receipt of hazardous wastes.
NR 670.275(8) (8)If you manage wastes generated offsite, the waste analysis plan.
NR 670.275(9) (9)If you manage waste generated from off-site, documentation showing that the waste generator and the off-site facility are under the same ownership.
NR 670.275 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 670.280 NR 670.280What are the certification requirements? Submit a signed certification based on your audit of your facility's compliance with ch. NR 667.
NR 670.280(1) (1)Your certification shall read: “I certify under penalty of law that:
NR 670.280(1)(a) (a) I have personally examined and am familiar with the report containing the results of an audit conducted of my facility's compliance status with ch. NR 667, which supports this certification. Based on my inquiry of those individuals immediately responsible for conducting the audit and preparing the report, I believe that (include subd. 1. or 2., whichever applies):
NR 670.280(1)(a)1. 1. My existing facility complies with all applicable requirements of ch. NR 667 and shall continue to comply until the expiration of the license.
NR 670.280(1)(a)2. 2. My facility has been designed, and shall be constructed and operated to comply with all applicable requirements of ch. NR 667, and shall continue to comply until expiration of the license.
NR 670.280(1)(b) (b) I shall make all information that I am required to maintain at my facility by ss. NR 670.290 to 670.315 readily available for review by the department and the public.
NR 670.280(1)(c) (c) I shall continue to make all information required by ss. NR 670.290 to 670.315 available until the license expires. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violation.”
NR 670.280(2) (2)Sign this certification following the requirements of s. NR 670.011 (1) (a) to (c).
NR 670.280(3) (3)This certification shall be based upon an audit that you conduct of your facility's compliance status with ch. NR 667. A written audit report, signed and certified as accurate by the auditor, shall be submitted to the department with the s. NR 670.270 (2) notice of intent.
NR 670.280 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register July 2017.
NR 670.290 NR 670.290What general types of information shall I keep at my facility? Keep the following information at your facility:
NR 670.290(1) (1)A general description of the facility.
NR 670.290(2) (2)Chemical and physical analyses of the hazardous waste and hazardous debris handled at the facility. At a minimum, these analyses shall contain all the information you must know to treat or store the wastes properly under the requirements of ch. NR 667.
NR 670.290(3) (3)A copy of the waste analysis plan required by s. NR 667.0013 (2).
NR 670.290(4) (4)A description of the security procedures and equipment required by s. NR 667.0014.
NR 670.290(5) (5)A copy of the general inspection schedule required by s. NR 667.0015 (2). You shall include in the inspection schedule applicable requirements of ss. NR 667.0174, 667.0193, 667.0195, 664.1033, 664.1052, 664.1053, 664.1058, and 664.1088.
NR 670.290(6) (6)A justification of any modification of the preparedness and prevention requirements of subch. C of ch. NR 667.
NR 670.290(7) (7)A copy of the contingency plan required by subch. D of ch. NR 667.
NR 670.290(8) (8)A description of procedures, structures or equipment used at the facility to:
NR 670.290(8)(a) (a) Prevent hazards in unloading operations (for example, use ramps, special forklifts).
NR 670.290(8)(b) (b) Prevent runoff from hazardous waste handling areas to other areas of the facility or environment, or to prevent flooding (for example, with berms, dikes, trenches).
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.