NR 670.079(3)
(3)
Public participation. The department may not approve a remediation variance unless the applicant provides proof of public notice of the proposed project. Unless another person is approved by the department to carry out the public participation process, the responsible party shall issue a class I public notice that provides for a minimum 30 day comment period. A copy of the public notice along with a list of newspapers which carried the notice shall be included as part of the remediation variance application. If the responsible party or the department determine that additional public participation is necessary the provisions in s.
NR 714.07 (6) shall be followed. The department shall respond to the comments received. The class I public notice shall include all of the following information:
NR 670.079 Note
Note: Section
NR 714.07 does not contain a
subsection (6).
NR 670.079(3)(a)
(a) A description of the type, volume and characteristics of the contamination.
NR 670.079(3)(b)
(b) The proposed response actions to be implemented to contain, reduce, or eliminate the threat of the contamination.
NR 670.079(3)(c)
(c) The phone number and addresses of persons to contact for more information.
NR 670.079(3)(d)
(d) The locations and times where interested parties can review the proposed response action.
NR 670.079(3)(e)
(e) The department's contact person and information on how to submit comments, including the address of the contact person and the deadline for receipt of comments.
NR 670.079(4)
(4)
Final Determination. The department shall make a final written determination on the remediation variance request within 65 business days. The department may require the applicant to provide additional information to document compliance with chs.
NR 660 to
679. The final determination may require construction inspection and fees under ch.
NR 670 Appendix II.
NR 670.079 Note
Note: The applicant is encouraged to contact the department early for assistance in planning the content of a complete application.
NR 670.079 Note
Note: For purposes of implementing this section, the department has determined that it would be an undue or unreasonable hardship to apply for, and wait for issuance of a hazardous waste treatment or storage license under s.
291.25, Stats., for the treatment or storage of remediation waste as part of the clean up a contaminated site. For example, in order to clean up a contaminated site, it may be necessary to treat excavated soil that is hazardous. In this situation it may be an undue or unreasonable hardship to delay the cleanup of the contamination while awaiting the issuance of a hazardous waste treatment license. The remediation variance approval issued by the department will include operating requirements necessary to protect public health and the environment during site remediation.
NR 670.079 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06; correction in (4) made under s.
13.92 (4) (b) 7., Stats.,
Register March 2013 No. 687.
NR 670.235
NR 670.235 Options for incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers, and hydrochloric acid production furnaces to minimize emissions from startup, shutdown and malfunction events. NR 670.235(1)(a)
(a) Revisions to license conditions after documenting compliance with MACT. The owner or operator of a licensed incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace may request that the department address license conditions that minimize emissions from startup, shutdown and malfunction events under any of the following options when requesting removal of license conditions that are no longer applicable according to ss.
NR 664.0340 (2) and
666.100 (2):
NR 670.235(1)(a)1.
1. `Retain relevant license conditions.' Under this option, the department will do all of the following:
NR 670.235(1)(a)1.a.
a. Retain license conditions that address releases during startup, shutdown and malfunction events, including releases from emergency safety vents, as these events are defined in the facility's startup, shutdown and malfunction plan required under
40 CFR 63.1206 (c) (2).
NR 670.235(1)(a)1.b.
b. Limit applicability of those license conditions only to when the facility is operating under its startup, shutdown and malfunction plan.
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, 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)(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.
NR 670.250
NR 670.250 What 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 670.255 Who 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 670.260 What 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(5)
(5) Subchapter
E — Expiration and Continuation of Licenses: All sections.
NR 670.260(8)
(8) Subchapter
H — Remediation Variances: Does not apply.
NR 670.260 History
History: CR 16-007: cr.
Register July 2017 No. 739, eff. 8-1-17.
NR 670.270
NR 670.270 How 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 670.275 What 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(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.
