Chapter NR 670

NR 670.062(3)(b) (b) The department will review this statement and any other relevant information submitted with the feasibility and plan of operation report and specify those requirements for this period most likely to meet the performance standards of s. NR 664.0343 based on the department’s engineering judgment.

NR 670.062(4) (4) For the purpose of determining feasibility of compliance with the performance standards of s. NR 664.0343 and of determining adequate operating conditions under s. NR 664.0345, the applicant for a license for an existing hazardous waste incinerator shall prepare and submit a trial burn plan and perform a trial burn according to s. NR 670.019 (2) and subs. (2) (b) to (e) and (2) (g) to (j) or, instead, submit other information as specified in s. NR 670.019 (3). The department shall announce the department’s intention to approve the trial burn plan according to the timing and distribution requirements of sub. (2) (f). 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 a contact office at 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 agency approval of the plan and the time period during which the trial burn would be conducted. Applicants submitting information under s. NR 670.019 are exempt from compliance with ss. NR 664.0343 and 664.0345 and, therefore, are exempt from the requirement to conduct a trial burn. Applicants who submit trial burn plans and receive approval before submission of a license application shall complete the trial burn and submit the results, specified in sub. (2) (g), 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. Trial burn results shall be submitted prior to issuance of the license. When the applicant submits a trial burn plan with the feasibility and plan of operation report, the department will specify a time period prior to license issuance in which the trial burn shall be conducted and the results submitted.

NR 670.062 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; corrections in (intro.), (2) (b) 1. c. made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (intro.), (2) (b) 1. c., d. Register July 2017 No. 739, eff. 8-1-17; correction in (intro.) made under s. 35.17, Stats., Register July 2017 No. 739; CR 19-082: am. (2) (f) (intro.) Register August 2020 No. 776, eff. 9-1-20; correction in (4) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 670.065 NR 670.065 Research, development and demonstration licenses.

NR 670.065(1) (1) The department may issue a research, development and demonstration license for any hazardous waste treatment facility which proposes to utilize an innovative and experimental hazardous waste treatment technology or process for which license standards for the experimental activity have not been promulgated in chs. NR 664 or 666. Any research, development and demonstration license shall include terms and conditions as will assure protection of human health and the environment. These licenses shall:

NR 670.065(1)(a) (a) Provide for the construction of these facilities as necessary, and for operation of the facility for not longer than one year unless renewed as provided in sub. (4).

NR 670.065(1)(b) (b) Provide for the receipt and treatment by the facility of only those types and quantities of hazardous waste which the department deems necessary for purposes of determining the efficacy and performance capabilities of the technology or process and the effects of the technology or process on human health and the environment.

NR 670.065(1)(c) (c) Include the requirements that the department deems necessary to protect human health and the environment, including, but not limited to, requirements regarding monitoring, operation, financial responsibility, closure, and remedial action, and requirements as the department deems necessary regarding testing and providing of information to the department with respect to the operation of the facility.

NR 670.065(2) (2) For the purpose of expediting review and issuance of licenses under this section, the department may, consistent with the protection of human health and the environment, modify or waive license application and license issuance requirements in ch. NR 670 except that there may be no modification or waiver of rules regarding financial responsibility, including insurance, of procedures regarding public participation or of local approval and negotiation and arbitration.

NR 670.065(3) (3) The department may order an immediate termination of all operations at the facility at any time the department determines that termination is necessary to protect human health and the environment.

NR 670.065(4) (4) Any license issued under this section may be renewed not more than 3 times. Each renewal shall be for a period of not more than one year.

NR 670.065 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 670.066 NR 670.066 Licenses for boilers and industrial furnaces burning hazardous waste. When an owner or operator of a cement kiln, lightweight aggregate kiln, solid 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 kiln, lightweight aggregate kiln, solid 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(b) documenting compliance with all applicable requirements of 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 s. 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 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 the provisions apply, on a case-by-case basis, for purposes of information collection according to ss. NR 670.010 (11) and (13) and 670.032 (2) (b) and (c).

NR 670.066(1) (1) General. Owners and operators of new boilers and industrial furnaces, those not operating under the interim license standards of s. NR 666.103, are subject to subs. (2) to (6). Boilers and industrial furnaces operating under the interim license standards of s. NR 666.103 are subject to sub. (7).

NR 670.066(2) (2) License operating periods for new boilers and industrial furnaces. A license for a new boiler or industrial furnace shall specify appropriate conditions for the following operating periods:

NR 670.066(2)(a) (a) Pretrial burn period. For the period beginning with initial introduction of hazardous waste and ending with initiation of the trial burn, and only for the minimum time required to bring the boiler or industrial furnace to a point of operational readiness to conduct a trial burn, not to exceed 720 hours operating time when burning hazardous waste, the department shall establish in the pretrial burn period of the license conditions, including but not limited to, allowable hazardous waste feed rates and operating conditions. The department may extend the duration of this operational period once, for up to 720 additional hours, at the request of the applicant when good cause is shown. The license may be modified to reflect the extension according to s. NR 670.042.

NR 670.066(2)(a)1. 1. Applicants shall submit a statement, with the feasibility and plan of operation report, that suggests the conditions necessary to operate in compliance with the standards of ss. NR 666.104 to 666.107 during this period. This statement shall include, at a minimum, restrictions on the applicable operating requirements identified in s. NR 666.102 (5).

NR 670.066(2)(a)2. 2. The department will review this statement and any other relevant information submitted with the feasibility and plan of operation report and specify requirements for this period sufficient to meet the performance standards of ss. NR 666.104 to 666.107 based on the department’s engineering judgment.

NR 670.066(2)(b) (b) Trial burn period. For the duration of the trial burn, the department shall establish conditions in the license for the purposes of determining feasibility of compliance with the performance standards of ss. NR 666.104 to 666.107 and determining adequate operating conditions under s. NR 666.102 (5). Applicants shall propose a trial burn plan, prepared under sub. (3), to be submitted with the feasibility and plan of operation report.

NR 670.066(2)(c) (c) Post-trial burn period.

NR 670.066(2)(c)1. 1. For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation and submission of the trial burn results by the applicant, and review of the trial burn results and modification of the facility license by the department to reflect the trial burn results, the department will establish the operating requirements most likely to ensure compliance with the performance standards of ss. NR 666.104 to 666.107 based on the department’s engineering judgment.

NR 670.066(2)(c)2. 2. Applicants shall submit a statement, with the feasibility and plan of operation report, that identifies the conditions necessary to operate during this period in compliance with the performance standards of ss. NR 666.104 to 666.107. This statement shall include, at a minimum, restrictions on the operating requirements provided by s. NR 666.102 (5).

NR 670.066(2)(c)3. 3. The department will review this statement and any other relevant information submitted with the feasibility and plan of operation report and specify requirements for this period sufficient to meet the performance standards of ss. NR 666.104 to 666.107 based on the department’s engineering judgment.

NR 670.066(2)(d) (d) Final license period. For the final period of operation, the department will develop operating requirements in conformance with s. NR 666.102 (5) that reflect conditions in the trial burn plan and are likely to ensure compliance with the performance standards of ss. NR 666.104 to 666.107. Based on the trial burn results, the department shall make any necessary modifications to the operating requirements to ensure compliance with the performance standards. The license modification shall proceed according to s. NR 670.042.

NR 670.066(3) (3) Requirements for trial burn plans. The trial burn plan shall include the following information. The department, in reviewing the trial burn plan, shall evaluate the sufficiency of the information provided and may require the applicant to supplement this information, if necessary, to achieve the purposes of this subsection:

NR 670.066(3)(a) (a) An analysis of each feed stream, including hazardous waste, other fuels and industrial furnace feed stocks, as fired, that includes all of the following:

NR 670.066(3)(a)1. 1. Heating value, levels of antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, thallium, total chlorine or chloride and ash.

NR 670.066(3)(a)2. 2. Viscosity or description of the physical form of the feed stream.

NR 670.066(3)(b) (b) An analysis of each hazardous waste, as fired, including all of the following:

NR 670.066(3)(b)1. 1. An identification of any hazardous organic constituents listed in ch. NR 661 Appendix VIII that are present in the feed stream, except that the applicant need not analyze for constituents listed in ch. NR 661 Appendix VIII that would reasonably not be expected to be found in the hazardous waste. Include an identification of the constituents excluded from analysis and an explanation of the basis for this exclusion. Conduct the waste analysis according to appropriate analytical techniques.

NR 670.066(3)(b)2. 2. An approximate quantification of the hazardous constituents identified in the waste, within the precision produced by appropriate analytical methods.

NR 670.066(3)(b)3. 3. A description of blending procedures, if applicable, prior to firing the hazardous waste, including a detailed analysis of the hazardous waste prior to blending, an analysis of the material with which the hazardous waste is blended, and blending ratios.

NR 670.066(3)(c) (c) A detailed engineering description of the boiler or industrial furnace, including all of the following:

NR 670.066(3)(c)1. 1. Manufacturer’s name and model number of the boiler or industrial furnace.

NR 670.066(3)(c)2. 2. Type of boiler or industrial furnace.

NR 670.066(3)(c)3. 3. Maximum design capacity in appropriate units.

NR 670.066(3)(c)4. 4. Description of the feed system for the hazardous waste, and, as appropriate, other fuels and industrial furnace feedstocks.

NR 670.066(3)(c)5. 5. Capacity of hazardous waste feed system.

NR 670.066(3)(c)6. 6. Description of automatic hazardous waste feed cutoff systems.

NR 670.066(3)(c)7. 7. Description of any air pollution control system.

NR 670.066(3)(c)8. 8. Description of stack gas monitoring and any pollution control monitoring systems.

NR 670.066(3)(d) (d) A detailed description of sampling and monitoring procedures including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis.

NR 670.066(3)(e) (e) A detailed test schedule for each hazardous waste for which the trial burn is planned, including dates, duration, quantity of hazardous waste to be burned and other factors relevant to the department’s decision under sub. (2) (b).

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.