Chapter NR 670

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.

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: