Chapter NR 670

NR 670.021(2)(a)1. 1. The liner system (except for an existing portion of a landfill), if the landfill shall meet s. NR 664.0301 (1). If an exemption from the requirement for a liner is sought as provided by s. NR 664.0301 (2), submit detailed plans, and engineering and hydrogeological reports, as appropriate, describing alternate designs and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the groundwater or surface water at any future time.

NR 670.021(2)(a)2. 2. The double liner and leak (leachate) detection, collection and removal system, if the landfill shall meet s. NR 664.0301 (3). If an exemption from the requirements for double liners and a leak detection, collection and removal system or alternative design is sought as provided by s. NR 664.0301 (4), (5) or (6), submit appropriate information.

NR 670.021(2)(a)3. 3. If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system.

NR 670.021(2)(a)4. 4. The construction quality assurance (CQA) plan if required under s. NR 664.0019.

NR 670.021(2)(a)5. 5. Proposed action leakage rate, with rationale, if required under s. NR 664.0302, and response action plan, if required under s. NR 664.0303.

NR 670.021(2)(b) (b) Control of run-on.

NR 670.021(2)(c) (c) Control of run-off.

NR 670.021(2)(d) (d) Management of collection and holding facilities associated with run-on and run-off control systems.

NR 670.021(2)(e) (e) Control of wind dispersal of particulate matter, where applicable.

NR 670.021(3) (3) A description of how each landfill, including the double liner system, leachate collection and removal system, leak detection system, cover system and appurtenances for control of run-on and run-off, will be inspected in order to meet s. NR 664.0303 (1), (2) and (3). This information shall be included in the inspection plan submitted under s. NR 670.014 (2) (e).

NR 670.021(4) (4) A description of how each landfill, including the liner and cover systems, will be inspected in order to meet s. NR 664.0303 (1) and (2). This information shall be included in the inspection plan submitted under s. NR 670.014 (2) (e).

NR 670.021(5) (5) Detailed plans and an engineering report describing the final cover which will be applied to each landfill or landfill cell at closure according to s. NR 664.0310 (1), and a description of how each landfill will be maintained and monitored after closure according to s. NR 664.0310 (2). This information shall be included in the closure and long-term care plans submitted under s. NR 670.014 (2) (m).

NR 670.021(6) (6) If ignitable or reactive wastes will be landfilled, an explanation of how the standards of s. NR 664.0312 will be complied with.

NR 670.021(7) (7) If incompatible wastes, or incompatible wastes and materials will be landfilled, an explanation of how s. NR 664.0313 will be complied with.

NR 670.021(8) (8) If bulk or non-containerized liquid waste or wastes containing free liquids is to be landfilled prior to May 8, 1985, an explanation of how s. NR 664.0314 (1) will be complied with.

NR 670.021(9) (9) If containers of hazardous waste are to be landfilled, an explanation of how s. NR 664.0315 or 664.0316, as applicable, will be complied with.

NR 670.021(10) (10) A waste management plan for hazardous waste numbers F020, F021, F022, F023, F026 and F027 describing how a landfill is or will be designed, constructed, operated and maintained to meet s. NR 664.0317. This submission shall address all of the following items specified in s. NR 664.0317:

NR 670.021(10)(a) (a) The volume, physical and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere.

NR 670.021(10)(b) (b) The attenuative properties of underlying and surrounding soils or other materials.

NR 670.021(10)(c) (c) The mobilizing properties of other materials co-disposed with these wastes.

NR 670.021(10)(d) (d) The effectiveness of additional treatment, design or monitoring techniques.

NR 670.021 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 670.022 NR 670.022 Specific feasibility and plan of operation report information requirements for boilers and industrial furnaces burning hazardous waste. When an owner or operator of a cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler or hydrochloric acid production furnace becomes subject to hazardous waste licensing requirements after October 12, 2005, or when an owner or operator of an existing cement, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler or hydrochloric acid production furnace demonstrates compliance with the air emission standards and limitations in 40 CFR part 63, subpart EEE (for instance, by conducting a comprehensive performance test and submitting a notification of compliance under 40 CFR 63.1207(j) and 63.1210(d) documenting compliance with 40 CFR part 63, subpart EEE), the requirements of this section do not apply. The requirements of this section do apply, however, if the department determines certain provisions are necessary to ensure compliance with ss. NR 666.102 (5) (a) and (b) 3. if the owner or operator elects to comply with s. NR 670.235 (1) (a) 1. to minimize emissions of toxic compounds from startup, shutdown and malfunction events; or if the facility is an area source and the owner or operator elects to comply with the ss. NR 666.105, 666.106, and 666.107 standards and associated requirements for particulate matter, hydrogen chloride and chlorine gas and non-mercury metals; or the department determines certain provisions apply, on a case-by-case basis, for purposes of information collection according to ss. NR 670.010 (11) and (12) and 670.032 (2) (b) and (c).

NR 670.022(1) (1) Trial burns.

NR 670.022(1)(a) (a) General. Except as provided below, owners and operators that are subject to the standards to control organic emissions provided by s. NR 666.104, standards to control particulate matter provided by s. NR 666.105, standards to control metals emissions provided by s. NR 666.106, or standards to control hydrogen chloride or chlorine gas emissions provided by s. NR 666.107 shall conduct a trial burn to demonstrate conformance with those standards and shall submit a trial burn plan or the results of a trial burn, including all required determinations, according to s. NR 670.066.

NR 670.022(1)(a)1. 1. A trial burn to demonstrate conformance with a particular emission standard may be waived under ss. NR 666.104 to 666.107 and pars. (b) to (e).

NR 670.022(1)(a)2. 2. The owner or operator may submit data in lieu of a trial burn, as prescribed in par. (f).

NR 670.022(1)(b) (b) Waiver of trial burn for DRE.

NR 670.022(1)(b)1. 1. ‘Boilers operated under special operating requirements.’ When seeking to be licensed under ss. NR 666.104 (1) (d) and 666.110 that automatically waive the DRE trial burn, the owner or operator of a boiler shall submit documentation that the boiler operates under the special operating requirements provided by s. NR 666.110.

NR 670.022(1)(b)2. 2. ‘Boilers and industrial furnaces burning low risk waste.’ When seeking to be licensed under the provisions for low risk waste provided by ss. NR 666.104 (1) (e) and s. NR 666.109 (1) that waive the DRE trial burn, the owner or operator shall submit all of the following:

NR 670.022(1)(b)2.a. a. Documentation that the device is operated in conformance with s. NR 666.109 (1) (a).

NR 670.022(1)(b)2.b. b. Results of analyses of each waste to be burned, documenting the concentrations of nonmetal compounds listed in ch. NR 661 Appendix VIII, except for those constituents that would reasonably not be expected to be in the waste. Identify the constituents excluded from analysis and explain the basis for their exclusion. The analysis shall rely on appropriate analytical techniques.

NR 670.022(1)(b)2.c. c. Documentation of hazardous waste firing rates and calculations of reasonable, worst-case emission rates of each constituent identified in subd. 2. b. using procedures provided by s. NR 666.109 (1) (b) 2.

NR 670.022(1)(b)2.d. d. Results of emissions dispersion modeling for emissions identified in subd. 2. c. using modeling procedures prescribed by s. NR 666.106 (8). The department will review the emission modeling conducted by the applicant to determine conformance with these procedures. The department will either approve the modeling or determine that alternate or supplementary modeling is appropriate.

NR 670.022(1)(b)2.e. e. Documentation that the maximum annual average ground level concentration of each constituent identified in subd. 2. b. quantified in conformance with subd. 2. d. does not exceed the allowable ambient level established in ch. NR 666 Appendix IV or V. The acceptable ambient concentration for emitted constituents for which a specific reference air concentration has not been established in ch. NR 666 Appendix IV or risk specific dose has not been established in ch. NR 666 Appendix V is 0.1 micrograms per cubic meter, as noted in the footnote to ch. NR 666 Appendix IV.

NR 670.022(1)(c) (c) Waiver of trial burn for metals. When seeking to be licensed under the Tier I (or adjusted Tier I) metals feed rate screening limits provided by s. NR 666.106 (2) and (5) that control metals emissions without requiring a trial burn, the owner or operator shall submit all of the following:

NR 670.022(1)(c)1. 1. Documentation of the feed rate of hazardous waste, other fuels and industrial furnace feed stocks.

NR 670.022(1)(c)2. 2. Documentation of the concentration of each metal controlled by s. NR 666.106 (2) or (5) in the hazardous waste, other fuels and industrial furnace feedstocks, and calculations of the total feed rate of each metal.

NR 670.022(1)(c)3. 3. Documentation of how the applicant will ensure that the Tier I feed rate screening limits provided by s. NR 666.106 (2) or (5) will not be exceeded during the averaging period provided by that subsection.

NR 670.022(1)(c)4. 4. Documentation to support the determination of the terrain-adjusted effective stack height, good engineering practice stack height, terrain type and land use as provided by s. NR 666.106 (2) (c) to (e).

NR 670.022(1)(c)5. 5. Documentation of compliance with s. NR 666.106 (2) (f), if applicable, for facilities with multiple stacks.

NR 670.022(1)(c)6. 6. Documentation that the facility does not fail the criteria provided by s. NR 666.106 (2) (g) for eligibility to comply with the screening limits.

NR 670.022(1)(c)7. 7. Proposed sampling and metals analysis plan for the hazardous waste, other fuels and industrial furnace feed stocks.

NR 670.022(1)(d) (d) Waiver of trial burn for particulate matter. When seeking to be licensed under the low risk waste provisions of s. NR 666.109 (2) which waives the particulate standard (and trial burn to demonstrate conformance with the particulate standard), applicants shall submit documentation supporting conformance with subs. (1) (b) 2. and (1) (c).

NR 670.022(1)(e) (e) Waiver of trial burn for HCl and C12. When seeking to be licensed under the Tier I (or adjusted Tier I) feed rate screening limits for total chloride and chlorine provided by s. NR 666.107 (2) (a) and (5) that control emissions of hydrogen chloride (HCl) and chlorine gas (Cl2) without requiring a trial burn, the owner or operator shall submit all of the following:

NR 670.022(1)(e)1. 1. Documentation of the feed rate of hazardous waste, other fuels and industrial furnace feed stocks.

NR 670.022(1)(e)2. 2. Documentation of the levels of total chloride and chlorine in the hazardous waste, other fuels and industrial furnace feedstocks, and calculations of the total feed rate of total chloride and chlorine.

NR 670.022(1)(e)3. 3. Documentation of how the applicant will ensure that the Tier I (or adjusted Tier I) feed rate screening limits provided by s. NR 666.107 (2) (a) or (5) will not be exceeded during the averaging period provided by that paragraph or subsection.

NR 670.022(1)(e)4. 4. Documentation to support the determination of the terrain-adjusted effective stack height, good engineering practice stack height, terrain type and land use as provided by s. NR 666.107 (2) (c).

NR 670.022(1)(e)5. 5. Documentation of compliance with s. NR 666.107 (2) (d), if applicable, for facilities with multiple stacks.

NR 670.022(1)(e)6. 6. Documentation that the facility does not fail the criteria provided by s. NR 666.107 (2) (c) for eligibility to comply with the screening limits.

NR 670.022(1)(e)7. 7. Proposed sampling and analysis plan for total chloride and chlorine for the hazardous waste, other fuels and industrial furnace feedstocks.

NR 670.022(1)(f) (f) Data in lieu of trial burn. The owner or operator may seek an exemption from the trial burn requirements to demonstrate conformance with ss. NR 666.104 to 666.107 and 670.066 by providing the information required by s. NR 670.066 from previous compliance testing of the device in conformance with s. NR 666.103, or from compliance testing or trial or operational burns of similar boilers or industrial furnaces burning similar hazardous wastes under similar conditions. If data from a similar device is used to support a trial burn waiver, the design and operating information required by s. NR 670.066 shall be provided for both the similar device and the device to which the data is to be applied, and a comparison of the design and operating information shall be provided. The department shall approve a license application without a trial burn if the department finds that the hazardous wastes are sufficiently similar, the devices are sufficiently similar, the operating conditions are sufficiently similar and the data from other compliance tests, trial burns or operational burns are adequate to specify (under s. NR 666.102) operating conditions that will ensure conformance with s. NR 666.102 (3). In addition, all of the following information shall be submitted:

NR 670.022(1)(f)1. 1. For a waiver from any trial burn:

NR 670.022(1)(f)1.a. a. A description and analysis of the hazardous waste to be burned compared with the hazardous waste for which data from compliance testing, or operational or trial burns are provided to support the contention that a trial burn is not needed.

NR 670.022(1)(f)1.b. b. The design and operating conditions of the boiler or industrial furnace to be used, compared with that for which comparative burn data are available.

NR 670.022(1)(f)1.c. c. Supplemental information as the department finds necessary to achieve the purposes of this paragraph.

NR 670.022(1)(f)2. 2. For a waiver of the DRE trial burn, the basis for selection of POHCs used in the other trial or operational burns which demonstrate compliance with the DRE performance standard in s. NR 666.104 (1). This analysis shall specify the constituents in ch. NR 661 Appendix VIII, that the applicant has identified in the hazardous waste for which a license is sought, and any differences from the POHCs in the hazardous waste for which burn data are provided.

NR 670.022(2) (2) Alternative HC limit for industrial furnaces with organic matter in raw materials. Owners and operators of industrial furnaces requesting an alternative HC limit under s. NR 666.104 (6) shall submit all of the following information at a minimum:

NR 670.022(2)(a) (a) Documentation that the furnace is designed and operated to minimize HC emissions from fuels and raw materials.

NR 670.022(2)(b) (b) Documentation of the proposed baseline flue gas HC (and CO) concentration, including data on HC (and CO) levels during tests when the facility produced normal products under normal operating conditions from normal raw materials while burning normal fuels and when not burning hazardous waste.

NR 670.022(2)(c) (c) Test burn protocol to confirm the baseline HC (and CO) level including information on the type and flow rate of all feedstreams, point of introduction of all feedstreams, total organic carbon content (or other appropriate measure of organic content) of all nonfuel feedstreams, and operating conditions that affect combustion of fuels and destruction of hydrocarbon emissions from nonfuel sources.

NR 670.022(2)(d) (d) The trial burn plan shall do all of the following:

NR 670.022(2)(d)1. 1. Demonstrate that flue gas HC (and CO) concentrations when burning hazardous waste do not exceed the baseline HC (and CO) level.

NR 670.022(2)(d)2. 2. Identify the types and concentrations of organic compounds listed in ch. NR 661 Appendix VIII, that are emitted when burning hazardous waste in conformance with procedures prescribed by the department.

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).