Chapter NR 670

NR 670.066(3)(f) (f) A detailed test protocol, including, for each hazardous waste identified, the ranges of hazardous waste feed rate, and, as appropriate, the feed rates of other fuels and industrial furnace feedstocks, and any other relevant parameters that may affect the ability of the boiler or industrial furnace to meet the performance standards in ss. NR 666.104 to 666.107.

NR 670.066(3)(g) (g) A description of, and planned operating conditions for, any emission control equipment that will be used.

NR 670.066(3)(h) (h) Procedures for rapidly stopping the hazardous waste feed and controlling emissions in the event of an equipment malfunction.

NR 670.066(3)(i) (i) Other information as the department reasonably finds necessary to determine whether to approve the trial burn plan in light of the purposes of this paragraph and the criteria in sub. (2) (b).

NR 670.066(4) (4) Trial burn procedures.

NR 670.066(4)(a) (a) A trial burn shall be conducted to demonstrate conformance with the standards of ss. NR 666.104 to 666.107 under an approved trial burn plan.

NR 670.066(4)(b) (b) The department shall approve a trial burn plan if the department finds that all of the following apply:

NR 670.066(4)(b)1. 1. The trial burn is likely to determine whether the boiler or industrial furnace can meet the performance standards of ss. NR 666.104 to 666.107.

NR 670.066(4)(b)2. 2. The trial burn itself will not present an imminent hazard to human health and the environment.

NR 670.066(4)(b)3. 3. The trial burn will help the department to determine operating requirements to be specified under s. NR 666.102 (5).

NR 670.066(4)(b)4. 4. The information sought in the trial burn cannot reasonably be developed through other means.

NR 670.066(4)(c) (c) The department shall send a notice to all persons on the facility mailing list and to the appropriate units of state and local government as identified in s. NR 670.410 (3) (a) 9. to 11. announcing the scheduled commencement and completion dates for the trial burn. The applicant may not commence the trial burn until after the department has issued the notice.

NR 670.066(4)(c)1. 1. This notice shall be mailed within a reasonable time period before the trial burn. An additional notice is not required if the trial burn is delayed due to circumstances beyond the control of the facility or the department.

NR 670.066(4)(c)2. 2. This notice shall contain all of the following:

NR 670.066(4)(c)2.a. a. The name and telephone number of applicant’s contact person.

NR 670.066(4)(c)2.b. b. The name and telephone number of the department.

NR 670.066(4)(c)2.c. c. The location where the approved trial burn plan and any supporting documents can be reviewed and copied.

NR 670.066(4)(c)2.d. d. An expected time period for commencement and completion of the trial burn.

NR 670.066(4)(d) (d) The applicant shall submit to the department a certification that the trial burn has been carried out according to the approved trial burn plan, and shall submit the results of all the determinations required in sub. (3). This submission shall be made within 90 days of completion of the trial burn, or later if approved by the department.

NR 670.066(4)(e) (e) All data collected during any trial burn shall be submitted to the department following completion of the trial burn.

NR 670.066(4)(f) (f) All submissions required by this paragraph shall be certified on behalf of the applicant by the signature of a person authorized to sign a license application or a report under s. NR 670.011.

NR 670.066(5) (5) Special procedures for dre trial burns. When a DRE trial burn is required under s. NR 666.104 (1), the department will specify, based on the hazardous waste analysis data and other information in the trial burn plan, as trial principal organic hazardous constituents (POHCs) those compounds for which destruction and removal efficiencies shall be calculated during the trial burn. These trial POHCs will be specified by the department based on information including the department’s estimate of the difficulty of destroying the constituents identified in the hazardous waste analysis, their concentrations or mass in the hazardous waste feed, and, for hazardous waste containing or derived from wastes listed in subch. D of ch. NR 661, the hazardous waste organic constituents identified in ch. NR 661 Appendix VII as the basis for listing.

NR 670.066(6) (6) Determinations based on trial burn. During each approved trial burn, or as soon after the burn as is practicable, the applicant shall make all of the following determinations:

NR 670.066(6)(a) (a) A quantitative analysis of the levels of antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, thallium, chlorine or chloride, and silver, in the feed streams, hazardous waste, other fuels and industrial furnace feedstocks.

NR 670.066(6)(b) (b) When a DRE trial burn is required under s. NR 666.104 (1), all of the following are required:

NR 670.066(6)(b)1. 1. A quantitative analysis of the trial POHCs in the hazardous waste feed.

NR 670.066(6)(b)2. 2. A quantitative analysis of the stack gas for the concentration and mass emissions of the trial POHCs.

NR 670.066(6)(b)3. 3. A computation of destruction and removal efficiency (DRE), according to the DRE formula specified in s. NR 666.104 (1).

NR 670.066(6)(c) (c) When a trial burn for chlorinated dioxins and furans is required under s. NR 666.104 (5), a quantitative analysis of the stack gas for the concentration and mass emission rate of the 2,3,7,8-chlorinated tetra-octa congeners of chlorinated dibenzo-p-dioxins and furans, and a computation showing conformance with the emission standard.

NR 670.066(6)(d) (d) When a trial burn for particulate matter, metals or HCl/Cl2 is required under s. NR 666.105, 666.106 (3) or (4), or 666.107 (2) (b) or (3), a quantitative analysis of the stack gas for the concentrations and mass emissions of particulate matter, metals, or hydrogen chloride (HCl) and chlorine (Cl2), and computations showing conformance with the applicable emission performance standards.

NR 670.066(6)(e) (e) When a trial burn for DRE, metals, or HCl/Cl2 is required under s. NR 666.104 (1), 666.106 (3) or (4), or 666.107 (2) (b) or (3), a quantitative analysis of the scrubber water, if any, ash residues, other residues and products for the purpose of estimating the fate of the trial POHCs, metals and chlorine or chloride.

NR 670.066(6)(f) (f) An identification of sources of fugitive emissions and their means of control.

NR 670.066(6)(g) (g) A continuous measurement of carbon monoxide (CO), oxygen, and where required, hydrocarbons (HC), in the stack gas.

NR 670.066(6)(h) (h) Other information as the department may specify as necessary to ensure that the trial burn will determine compliance with the performance standards in ss. NR 666.104 to 666.107 and to establish the operating conditions required by s. NR 666.102 (5) as necessary to meet those performance standards.

NR 670.066(7) (7) Interim licensed boilers and industrial furnaces. For the purpose of determining feasibility of compliance with the performance standards of ss. NR 666.104 to 666.107 and of determining adequate operating conditions under s. NR 666.103, applicants owning or operating existing boilers or industrial furnaces operated under the interim license standards of s. NR 666.103 shall either prepare and submit a trial burn plan and perform a trial burn according to this section or submit other information as specified in s. NR 670.022 (1) (f). The department shall announce the department’s intention to approve of the trial burn plan according to the timing and distribution requirements of sub. (4) (c). The contents of the notice shall include: the name and telephone number of a contact person at the facility; the name and telephone number of the department; the location where the trial burn plan and any supporting documents can be reviewed and copied; and a schedule of the activities that are required prior to license issuance, including the anticipated time schedule for department approval of the plan and the time periods during which the trial burn would be conducted. Applicants who submit a trial burn plan and receive approval before submission of the feasibility and plan of operation report shall complete the trial burn and submit the results specified in sub. (6) with the feasibility and plan of operation report. If completion of this process conflicts with the date set for submission of the feasibility and plan of operation report, the applicant shall contact the department to establish a later date for submission of the feasibility and plan of operation report or the trial burn results. If the applicant submits a trial burn plan with the feasibility and plan of operation report, the trial burn shall be conducted and the results submitted within a time period prior to license issuance to be specified by the department.

NR 670.066 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (3) (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: r. and recr. (intro.), am. (3) (b) 1., 2. Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (4) (c) (intro.) Register August 2020 No. 776, eff. 9-1-20.

NR 670.067 NR 670.067 Standardized licenses for storage and treatment units. Standardized licenses are special forms of licenses for owners or operators of treatment or storage facilities that:

NR 670.067(1) (1) Generate hazardous waste and then non-thermally treat or store the hazardous waste on-site in tanks, containers, or containment buildings.

NR 670.067(2) (2) 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 tanks, containers, or containment buildings. Standardized license facility owners or operators are regulated under ch. NR 667 and subch. J.

NR 670.067 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 670.068 NR 670.068 Remediation Variances. Remediation variances are special forms of licenses that are issued under subch. H.

NR 670.068 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. G of ch. NR 670 Subchapter G — Interim Licenses

NR 670.070 NR 670.070 Qualifying for an interim license.

NR 670.070(1) (1) Any person who owns or operates an existing HWM facility or a facility in existence on the effective date of a statute or rule that renders the facility subject to the requirement to have an operating license shall apply for an interim license and comply with:

NR 670.070(1)(a) (a) The requirements of s. NR 660.07 pertaining to notification of hazardous waste activity.

NR 670.070 Note Note: Some existing facilities may not be required to file a notification under s. NR 660.07. These facilities may qualify for an interim license by meeting sub. (1) (b).

NR 670.070(1)(b) (b) The requirements of ss. NR 670.010 and 670.011 pertaining to the submission of the part A application.

NR 670.070(2) (2) If the department has reason to believe upon examination of a part A application that it fails to meet s. NR 670.013, the department shall notify the owner or operator in writing of the apparent deficiency. The notice shall specify the grounds for the department’s belief that the application is deficient. The owner or operator shall have 30 days from receipt to respond to such a notification and to explain or cure the alleged deficiency in the owner or operator’s part A application. If, after the notification and opportunity for response, the department determines that the application is deficient it may take appropriate enforcement action.

NR 670.070(3) (3) If the department fails to make a decision within 90 days of receiving a complete Part A application, the department shall refund the interim license review fee paid by the applicant.

NR 670.070(4) (4) Subsection (1) does not apply to any facility which has been previously denied an operating license or if authority to operate the facility under ch. 291, Stats., has been previously revoked.

NR 670.070 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 670.071 NR 670.071 Operation during an interim license period.

NR 670.071(1) (1) During the interim license period the facility may not do any of the following:

NR 670.071(1)(a) (a) Treat, store or dispose of hazardous waste not specified in part A of the license application.

NR 670.071(1)(b) (b) Employ processes not specified in part A of the license application.

NR 670.071(1)(c) (c) Exceed the design capacities specified in part A of the license application.

NR 670.071(2) (2) During the interim license period, owners or operators shall comply with the interim license standards in ch. NR 665.

NR 670.071 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 670.072 NR 670.072 Modifications to an interim license.

NR 670.072(1) (1) Except as provided in sub. (2), the owner or operator of an interim licensed facility may make the following modifications at the facility:

NR 670.072(1)(a) (a) Treatment, storage or disposal of new hazardous wastes not previously identified in part A of the license application which are newly listed or identified wastes, including the addition of the units used to treat, store or dispose of the hazardous wastes on the effective date of the listing or identification if the owner or operator submits a revised part A license application and obtains an interim license modification prior to the treatment, storage or disposal of these wastes.

NR 670.072(1)(b) (b) Increases in the design capacity of processes used at the facility if the owner or operator submits a revised part A license application prior to such a change, along with a justification explaining the need for the change, and the department approves the changes for either of the following:

NR 670.072(1)(b)1. 1. There is a lack of available treatment, storage or disposal capacity at other hazardous waste management facilities.

NR 670.072(1)(b)2. 2. The change is necessary to comply with a federal or state requirement.

NR 670.072(1)(c) (c) Changes in the processes for the treatment, storage or disposal of hazardous waste or addition of processes if the owner or operator submits a revised part A license application prior to such change, along with a justification explaining the need for the change, and the department approves the change for either of the following:

NR 670.072(1)(c)1. 1. The change is necessary to prevent a threat to human health and the environment because of an emergency situation.

NR 670.072(1)(c)2. 2. The change is necessary to comply with a federal or state requirement.

NR 670.072(1)(d) (d) Changes in the ownership or operational control of a facility if the new owner or operator submits a revised part A application no later than 90 days prior to the scheduled change. When a transfer of operational control of a facility occurs, the old owner or operator shall comply with subch. H of ch. NR 665, financial requirements, until the new owner or operator has demonstrated to the department that the new owner or operator is complying with that subchapter. The new owner or operator shall demonstrate compliance with subch. H within 6 months of the date of the change in ownership or operational control of the facility. Upon demonstration to the department by the new owner or operator of compliance with subch. H, the department shall notify the old owner or operator in writing that the old owner or operator no longer needs to comply with subch. H as of the date of demonstration. All other interim license duties are transferred effective immediately upon the date of the change in ownership or operational control of the facility.

NR 670.072(1)(e) (e) Changes made according to an interim status or interim license corrective action order issued by EPA under 42 USC 6928 (h) or other federal authority, by the department under s. 291.37, Stats., or by a court in a judicial action brought by EPA or by the department. Changes under this paragraph are limited to the treatment, storage or disposal of solid waste from releases that originate within the boundary of the facility.

NR 670.072(1)(f) (f) Addition of newly regulated units for the treatment, storage or disposal of hazardous waste if the owner or operator submits a revised part A application on or before the date on which the unit becomes subject to the new requirements and obtain an interim license modification prior to operating these units.

NR 670.072(2) (2) Except as specifically allowed under this subsection, modifications listed under sub. (1) may not be made if they amount to reconstruction of the hazardous waste management facility. Reconstruction occurs when the capital investment in the changes to the facility exceeds 50 % of the capital cost of a comparable entirely new hazardous waste management facility. If all other requirements are met, the following modifications may be made even if they amount to a reconstruction:

NR 670.072(2)(a) (a) Modifications made solely for the purposes of complying with s. NR 665.0193 for tanks and ancillary equipment.

NR 670.072(2)(b) (b) If necessary to comply with federal or state requirements, modifications to an existing unit, modifications solely involving tanks or containers or addition of replacement surface impoundments that satisfy the standards of ch. 291, Stats., and chs. NR 660 to 679.

NR 670.072(2)(c) (c) Modifications that are necessary to allow owners or operators to continue handling newly listed or identified hazardous wastes that have been treated, stored or disposed of at the facility prior to the effective date of the rule establishing the new listing or identification.

NR 670.072(2)(d) (d) Modifications during closure of a facility or of a unit within a facility made according to an approved closure plan.

NR 670.072(2)(e) (e) Modifications necessary to comply with an interim status or interim license corrective action order issued by EPA under 42 USC 6928(h) or other federal authority, by the department under s. 291.37, Stats., or by a court in a judicial proceeding brought by EPA or the department, if the modifications are limited to the treatment, storage or disposal of solid waste from releases that originate within the boundary of the facility.

NR 670.072(2)(f) (f) Modifications to treat or store, in tanks, containers or containment buildings, hazardous wastes subject to land disposal restrictions imposed by ch. NR 668, if the changes are made solely for the purpose of complying with ch. NR 668.

NR 670.072(2)(g) (g) Addition of newly regulated units under sub. (1) (f).

NR 670.072(2)(h) (h) Modifications necessary to comply with standards under 40 CFR part 63, subpart EEE— national emission standards for hazardous air pollutants from hazardous waste combustors.

NR 670.072 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 670.073 NR 670.073 Termination of an interim license. An interim license terminates when any of the following occurs:

NR 670.073(1) (1) Final administrative disposition of an operating license application.

NR 670.073(2) (2) Revocation of the interim license as provided in s. NR 670.010 (5) (e) or 670.043.

NR 670.073(3) (3) For owners or operators of each land disposal facility which has been granted an interim license prior to November 8, 1984, on November 8, 1985, unless all of the following apply:

NR 670.073(3)(a) (a) The owner or operator submits a feasibility and plan of operation report for a license for the facility prior to that date.

NR 670.073(3)(b) (b) The owner or operator certifies that the facility is in compliance with all applicable groundwater monitoring and financial responsibility requirements.

NR 670.073(4) (4) For owners or operators of each land disposal facility which is in existence on the effective date of a statute or rule that renders the facility subject to the requirement to have an operating license and which is granted an interim license, 12 months after the date on which the facility first becomes subject to the license requirement unless the owner or operator of the facility does all of the following:

NR 670.073(4)(a) (a) Submits a feasibility and plan of operation report for an operating license for the facility before the date 12 months after the date on which the facility first becomes subject to the license requirement.