NR 670.305 History
History: CR 16-007: cr.
Register July 2017 No. 739, eff. 8-1-17; correction in (4) made under s.
35.17, Stats.,
Register July 2017 No. 739.
NR 670.310
NR 670.310 What equipment information shall I keep at my facility? If your facility has equipment to which subch.
BB of ch. NR 664 applies, keep the following information at your facility:
NR 670.310(1)(a)
(a) Equipment identification number and hazardous waste management unit identification.
NR 670.310(1)(b)
(b) Approximate locations within the facility (for example, identify the hazardous waste management unit on a facility plot plan).
NR 670.310(1)(c)
(c) Type of equipment (for example, a pump or a pipeline valve).
NR 670.310(1)(d)
(d) Percent by weight of total organics in the hazardous waste stream at the equipment.
NR 670.310(1)(e)
(e) Hazardous waste state at the equipment (for example, gas, vapor, or liquid).
NR 670.310(1)(f)
(f) Method of compliance with the standard (for example, monthly leak detection and repair or equipped with dual mechanical seals).
NR 670.310(3)
(3) Documentation that demonstrates compliance with the equipment standards in ss.
NR 6264.1052 and
664.1059. This documentation shall contain the records required under s.
NR 664.1064.
NR 670.310(4)(a)
(a) A list of all information references and sources used in preparing the documentation.
NR 670.310(4)(c)
(c) A design analysis, specifications, drawings, schematics and piping and instrumentation diagrams based on the appropriate sections of “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 670.310(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 operating at the highest load or capacity level reasonable expected to occur.
NR 670.310(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 percent or greater.
NR 670.310 History
History: CR 16-007: cr.
Register July 2017 No. 739, eff. 8-1-17.
NR 670.315
NR 670.315 What air emissions control information shall I keep at my facility? If you have air emission control equipment subject to subch.
CC of ch. NR 664, keep the following information at your facility:
NR 670.315(1)
(1) Documentation for each floating roof cover installed on a tank subject to s.
NR 664.1084 (4) (a) or
(b) that includes information you prepared or the cover manufacturer or vendor provided describing the cover design, and your certification that the cover meets applicable design specifications listed in s.
NR 664.1084 (5) (a) or
(6) (a).
NR 670.315(2)
(2) Identification of each container area subject to the requirements of subch.
CC of ch. NR 664 and your certification that the requirements of the subchapter are met.
NR 670.315(3)
(3) Documentation for each enclosure used to control air pollutant emissions from tanks or containers under requirements of s.
NR 664.1084 (4) (e) or
664.1086 (5) (a) 2. Include records for the most recent set of calculations and measurements you performed 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 670.315(5)
(5) Documentation for each closed vent system and control device installed under requirements of s.
NR 664.1087 that includes design and performance information as specified in s.
NR 670.024 (3) and
(4).
NR 670.315(6)
(6) An emission monitoring plan for both Method 21 in
40 CFR part 60, Appendix A 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 non-compliance.
NR 670.315 History
History: CR 16-007: cr.
Register July 2017 No. 739, eff. 8-1-17.
NR 670.320
NR 670.320 How do I modify my standardized license? You may modify your standardized license by following the procedures found in subs.
(1) to
(4).
NR 670.320(1)
(1)
Types of changes to standardized licenses. You may make routine changes, routine changes with prior department approval and significant changes. For the purposes of this section:
NR 670.320(1)(a)
(a) “Routine changes” are any changes to the standardized license that qualify as a class 1 license modification (without prior department approval) under ch.
NR 670 Appendix I.
NR 670.320(1)(b)
(b) “Routine changes with prior department approval” are those changes to the standardized license that would qualify as a class 1 modification with prior department approval or a class 2, under ch.
NR 670 Appendix I.
NR 670.320(1)(c)
(c) “Significant changes” are any changes to the standardized license that that are any of the following:
NR 670.320(1)(c)3.
3. Amend any terms or conditions in the supplemental portion of your standardized license.
NR 670.320(2)(a)(a) You may make routine changes to the standardized permit without obtaining approval from the department. However, you shall first determine whether the routine change you intend to make amends the information you submitted under s.
NR 670.275 with your notice of intent to operate under the standardized license.
NR 670.320(2)(b)
(b) If the routine changes you make amend the information you submitted under s.
NR 670.275 with your notice of intent to operate under the standardized license, then before you make the routine changes you shall:
NR 670.320(3)
(3)
Procedures for routine changes with prior department approval. NR 670.320(3)(a)(a) Routine changes to the standardized license with prior department approval may only be made with the prior written approval of the department.
NR 670.320(4)(a)
(a) You shall first provide notice of and conduct a public meeting.
NR 670.320(4)(a)1.
1. `Public Meeting.' Hold a meeting with the public to solicit questions from the community and inform the community of your proposed modifications to your hazardous waste management activities. Post a sign-in sheet or otherwise provide a voluntary opportunity for people attending the meeting to provide their names and addresses.
NR 670.320(4)(a)2.
2. `Public Notice.' At least 30 days before you plan to hold the meeting, issue a public notice according to the requirements of s.
NR 670.431 (4).
NR 670.320(4)(b)
(b) After holding the public meeting, submit a modification request to the department that:
NR 670.320(4)(b)1.
1. Describes the exact change or changes you are requesting and whether they are changes to information you provided under s.
NR 670.275 or to terms and conditions in the supplemental portion of your standardized license.
NR 670.320(4)(b)3.
3. Includes a summary of the public meeting under par.
(a), along with the list of attendees and their addresses and copies of any written comments or materials they submitted at the meeting.
NR 670.320 Note
Note: A significant change that is also a facility expansion is subject to s.
NR 670.007 (1).
NR 670.320(4)(c)
(c) After receiving your modification request, the department shall make a tentative determination within 120 days to approve or disapprove the request. The department may take a one time extension of 30 days to prepare the draft license modification decision. If the department anticipates that it will use the 30-day extension, the department will inform the license applicant during their initial 120-day review period.
NR 670.320(4)(d)
(d) After the department makes the tentative determination, the department shall follow the procedures in ss.
NR 670.505 and
670.507 to
670.510 for processing an initial request for coverage under the standardized license apply to making the final determination on the modification request.
NR 670.320 History
History: CR 16-007: cr.
Register July 2017 No. 739, eff. 8-1-17; correction in (4) (d) made under s.
35.17, Stats.,
Register July 2017 No. 739;
CR 19-082: am. (2) (b) 2.
Register August 2020 No. 776, eff. 9-1-20.
NR 670.401
NR 670.401 Purpose and scope. This subchapter and subch.
M contain department procedures for issuing, modifying, revoking and reissuing or denying licenses.
NR 670.401 Note
Note: To coordinate decisionmaking when a permit will be issued by EPA and an operating license will be issued by the department, this chapter allows applications to be jointly processed, joint comment periods and hearings to be held, and a final permit and lice to be issued on a cooperative basis whenever EPA and the department agree to take these steps in general or in individual cases.
NR 670.401 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 670.403
NR 670.403 License application procedures. NR 670.403(1)(a)
(a) Any person required to have a license under s.
NR 670.001 shall complete, sign and submit a license application to the department.
NR 670.403(3)
(3) The department shall review for completeness every license application. Each license application submitted by the owner or operator of a HWM facility consisting of both the Part A and the feasibility and plan of operation report, shall be reviewed for completeness within 60 days of receipt. Upon completing the review, the department shall notify the applicant in writing whether the license application is complete. If the license application is incomplete, the department shall list the information necessary to make the license application complete. When the license application is for an existing HWM facility, the department shall specify in the notice of incompleteness a date for submitting the necessary submitted material. Requests for additional information will not render a license application incomplete.
NR 670.403(4)
(4) If an applicant fails or refuses to correct deficiencies in the license application, the license application may be denied and appropriate enforcement actions may be taken under ch.
291, Stats.
NR 670.403(5)
(5) If the department decides that a site visit is necessary for any reason in conjunction with the review of a license application, the department shall notify the applicant and a date shall be scheduled.
NR 670.403 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 670.404
NR 670.404 Consolidation of EPA permit and department license processing. NR 670.404(1)(a)
(a) Whenever a facility or activity requires a department license and EPA permit, processing of the license and permit applications for the license and permit may be consolidated. The first step in consolidation is to prepare the preliminary determination of the license application and draft permit at the same time.
NR 670.404(1)(b)
(b) Whenever a preliminary determination of the license application and the draft permit are prepared at the same time, the statements of basis, required under
40 CFR 124.7 for EPA issued permits only, or fact sheets, required under s.
NR 670.408, public comment periods, s.
NR 670.410, and any public hearings, s.
NR 670.412, on the preliminary determination and permit may also be consolidated. The operating license and permit may be issued together. They need not be issued together if in the judgment of the EPA or department, joint processing would result in unreasonable delay in the issuance of the permit or operating license.
NR 670.404(3)
(3) Processing of the permit and license applications under sub.
(1) may be consolidated by doing all of the following:
NR 670.404(3)(b)
(b) The EPA and the department may agree to consolidate the draft permit and preliminary determination whenever a facility or activity requires both a permit and an operating license.
NR 670.404(3)(c)
(c) Permit and license applicants may recommend whether or not the processing of their applications shall be consolidated.
NR 670.404 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 670.405
NR 670.405 Modification, revocation and reissuance, or revocation or denial of licenses. NR 670.405(1)(1)
Licenses may be modified, revoked and reissued, or revoked or denied either at the request of any interested person, including the licensee, or upon the department's initiative. However, licenses may only be modified, revoked and reissued, or revoked or denied for the reasons specified in ss.
NR 670.010 (5) (e),
670.041,
670.043 and s.
291.87 (1m), Stats. All requests shall be in writing and shall contain facts or reasons supporting the request.
NR 670.405(2)
(2) If the department decides the request is not justified, the department shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or revocation or denial are not subject to public notice, comment, or hearings.
NR 670.405(3)(a)(a) If the department tentatively decides to modify or revoke and reissue a license under s.
NR 670.041 or
670.042 (3), the department shall prepare a preliminary determination under s.
NR 670.406 incorporating the proposed changes. The department may request additional information and, in the case of a modified license, may require the submission of an updated application. In the case of revoked and reissued licenses, other than under s.
NR 670.041 (2) (c), the department shall require the submission of a new license application. In the case of revoked and reissued licenses under s.
NR 670.041 (2) (c), the department and the licensee shall comply with the appropriate requirements in subch.
J. of ch.
NR 670, for standardized licenses.
NR 670.405(3)(b)
(b) In a license modification under this section, only those conditions to be modified shall be reopened when a new preliminary determination is prepared. All other aspects of the existing license shall remain in effect for the duration of the unmodified license. When a license is revoked and reissued under this section, the entire license is reopened just as if the license had expired and was being reissued. During any revocation and reissuance proceeding the licensee shall comply with all conditions of the existing license until a new final license is reissued.
NR 670.405(4)
(4) If the department tentatively decides to revoke or deny a license under s.
NR 670.043 where the licensee objects, the department shall issue a notice of intent to revoke or deny.
NR 670.405 Note
Note: Procedures for revocation, suspension or denial of a license are found in s.
291.87, Stats.
NR 670.405(5)
(5) All preliminary determinations, including notices of intent to revoke or deny, prepared under this section shall be based on the administrative record as defined in s.
NR 670.409.
NR 670.405 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 16-007: am. (3) (a)
Register July 2017 No. 739, eff. 8-1-17.
NR 670.406
NR 670.406 Preliminary determination of license applications. NR 670.406(1)(1)
Before issuing a preliminary determination, the department shall complete the environmental review process under ch.
NR 150. Once the department determines that a license application is complete, the department shall issue a preliminary determination to approve or deny the application.
NR 670.406(4)
(4) The preliminary determination shall contain all of the following information:
