Chapter NR 670

NR 670.042(11)(c) (c) To request this modification in conjunction with MACT performance testing where permit limits may only be waived during actual test events and pretesting, as defined under 40 CFR 63.1207(h)(2)(i) and (ii), for an aggregate time not to exceed 720 hours of operation (renewable at the discretion of the department) the owner or operator shall submit a modification request to the department at the same time the test plans are submitted to the department. The department may elect to approve or deny the request contingent upon approval of the test plans.

NR 670.042 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; corrections in (1) (a) (intro.), (b), (2) (a) (intro.), (3) (a) (intro.), (4) (a), (b), (10) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (1) (a) (intro.), 2., (2) (b) (intro.), (g) (intro.), (3) (b) (intro.), (5) (b) 3., r. and recr. (10), cr. (11) Register July 2017 No. 739, eff. 8-1-17; correction in (5) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739; CR 19-082: am. (1) (a) 2., (b), (2) (b) (intro.), (3) (b) (intro.), (4) (b) 2., (5) (b) 3. and (6) (a) Register August 2020 No. 776, eff. 9-1-20; correction in (1) (b) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 670.043 NR 670.043 Revocation, suspension or denial of licenses.

NR 670.043(1) (1) Any of the following are causes for denying, suspending, or revoking a license, or for denying a license application:

NR 670.043(1)(a) (a) Noncompliance by the applicant or licensee with any condition of the license or any applicable provisions of chs. NR 660 to NR 679 or ch. 291, Stats.

NR 670.043(1)(b) (b) The applicant or licensee’s failure in the license application or during the license issuance process to disclose fully all relevant facts, or the applicant or licensee’s misrepresentation of any relevant facts at any time.

NR 670.043(1)(c) (c) A determination that the licensed activity endangers human health or the environment and can only be regulated to acceptable levels by license denial, suspension or revocation.

NR 670.043(1)(d) (d) Failure to pay fees under ss. 291.05 (7) and 291.33, Stats.

NR 670.043(2) (2) The department shall follow the procedures in s. 291.87, Stats., in revoking, suspending or denying any license under this section.

NR 670.043 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. E of ch. NR 670 Subchapter E — Expiration and Continuation of Licenses

NR 670.050 NR 670.050 Duration of licenses.

NR 670.050(1) (1) Operating licenses shall be effective for a fixed term of no more than 10 years, but are subject to annual renewal during that term.

NR 670.050(2) (2) Except as provided in s. NR 670.051, the term of an operating license may not be extended by modification beyond the maximum duration specified in this section.

NR 670.050(3) (3) The department may issue any operating license for a duration that is less than the full allowable term under this section.

NR 670.050(4) (4) Each operating license for a land disposal facility shall be reviewed by the department 5 years after the date of license issuance or reissuance and shall be modified as necessary, as provided in s. NR 670.041.

NR 670.050 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 670.051 NR 670.051 Continuation of expiring operating licenses.

NR 670.051(1) (1) The conditions of an expired operating license continue in force until the department takes final action on a complete application if:

NR 670.051(1)(a) (a) The licensee has submitted a timely application under s. NR 670.014 and the applicable sections of ss. NR 670.015 to 670.029 which is a complete application for a new license under s. NR 670.010 (3).

NR 670.051(1)(b) (b) The department through no fault of the licensee, does not issue a new operating license with an effective date under s. NR 670.415 on or before the expiration date of the previous license, for example, when issuance is impracticable due to time or resource constraints.

NR 670.051(2) (2) Operating licenses continued under this section remain fully effective and enforceable.

NR 670.051(3) (3) When the licensee is not in compliance with the conditions of the expiring or expired operating license, the department may choose to do any of the following:

NR 670.051(3)(a) (a) Initiate enforcement action based upon the operating license which has been continued.

NR 670.051(3)(b) (b) Issue a preliminary determination to deny the new operating license under s. NR 670.406. If the new operating license is denied, the owner or operator shall cease the activities authorized by the continued license or be subject to enforcement action for operating without a license.

NR 670.051(3)(c) (c) Issue a new operating license under subch. L with appropriate conditions.

NR 670.051(5) (5) Standardized licenses.

NR 670.051(5)(a) (a) The conditions of your expired standardized license continue until the effective date of your new license if all of the following are true:

NR 670.051(5)(a)1. 1. If the department is the license-issuing authority.

NR 670.051(5)(a)2. 2. If you submit a timely and complete notice of intent under s. NR 670.270 (2) requesting coverage under a standardized license.

NR 670.051(5)(a)3. 3. If the department, through no fault on your part, does not issue your license before your previous license expires (for example, where it is impractical to make the license effective by that date because of time or resource constraints).

NR 670.051(5)(b) (b) In some cases, the department may notify you that you are not eligible for a standardized license (see s. NR 670.506). In those cases, the conditions of your expired license will continue if you submit the information specified in sub. (1) (a) (that is, a complete application for a new license) within 60 days after you receive our notification that you are not eligible for a standardized license.

NR 670.051 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: cr. (5) Register July 2017 No. 739, eff. 8-1-17.

subch. F of ch. NR 670 Subchapter F — Special Forms of Licenses

NR 670.061 NR 670.061 Emergency licenses.

NR 670.061(1) (1) Notwithstanding any other provision of this chapter, in the event the department finds an imminent and substantial endangerment to human health or the environment the department may issue a temporary emergency license to either of the following:

NR 670.061(1)(a) (a) A non-licensed facility to allow treatment, storage or disposal of hazardous waste.

NR 670.061(1)(b) (b) A licensed facility to allow treatment, storage or disposal of a hazardous waste not covered by an effective license.

NR 670.061(2) (2) This emergency license:

NR 670.061(2)(a) (a) May be oral or written. If oral, it shall be followed in 5 days by a written emergency license.

NR 670.061(2)(b) (b) May not exceed 90 days in duration.

NR 670.061(2)(c) (c) Shall clearly specify the hazardous wastes to be received, and the manner and location of their treatment, storage or disposal.

NR 670.061(2)(d) (d) May be revoked by the department at any time without process if the department determines that revocation is appropriate to protect human health and the environment.

NR 670.061(2)(e) (e) Shall be accompanied by a public notice published under s. NR 670.410 including all of the following:

NR 670.061(2)(e)1. 1. Name and address of the office granting the emergency authorization.

NR 670.061(2)(e)2. 2. Name and location of the licensed HWM facility.

NR 670.061(2)(e)3. 3. A brief description of the wastes involved.

NR 670.061(2)(e)4. 4. A brief description of the action authorized and reasons for authorizing it.

NR 670.061(2)(e)5. 5. Duration of the emergency license.

NR 670.061(2)(f) (f) Shall incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of this chapter and chs. NR 664 and 666.

NR 670.061 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 670.062 NR 670.062 Hazardous waste incinerator licenses. When an owner or operator of a hazardous waste incineration unit becomes subject to hazardous waste licensing requirements after October 12, 2005, or when an owner or operator of an existing hazardous waste incineration unit 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(d) documenting compliance with 40 CFR part 63, subpart EEE), the requirements of this section do not apply, except those provisions the department determines are necessary to ensure compliance with s. NR 664.0345 (1) and (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. The department may apply the provisions of this section, 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 670.062(1) (1) For the purposes of determining operational readiness following completion of physical construction, the department shall establish license conditions, including but not limited to allowable waste feeds and operating conditions, in the license to a new hazardous waste incinerator. These license conditions will be effective for the minimum time required to bring the incinerator to a point of operational readiness to conduct a trial burn, not to exceed 720 hours operating time for treatment of hazardous waste. 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 670.062(1)(a) (a) Applicants shall submit a statement, with the feasibility and plan of operation report, which suggests the conditions necessary to operate in compliance with the performance standards of s. NR 664.0343 during this period. This statement shall include, at a minimum, restrictions on waste constituents, waste feed rates and the operating parameters identified in s. NR 664.0345.

NR 670.062(1)(b) (b) 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 s. NR 664.0343 based on the department’s engineering judgment.

NR 670.062(2) (2) For the purposes 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 department shall establish conditions in the license for a new hazardous waste incinerator to be effective during the trial burn.

NR 670.062(2)(a) (a) Applicants shall propose a trial burn plan, prepared under par. (b) with a feasibility and plan of operation report.

NR 670.062(2)(b) (b) The trial burn plan shall include all of the following information:

NR 670.062(2)(b)1. 1. An analysis of each waste or mixture of wastes to be burned which includes all of the following:

NR 670.062(2)(b)1.a. a. Heat value of the waste in the form and composition in which it will be burned.

NR 670.062(2)(b)1.b. b. Viscosity (if applicable), or description of the physical form of the waste.

NR 670.062(2)(b)1.c. c. An identification of any hazardous organic constituents listed in ch. NR 661 Appendix VIII, which are present in the waste to be burned, except that the applicant need not analyze for constituents listed in ch. NR 661 Appendix VIII, which would reasonably not be expected to be found in the waste. Identify the constituents excluded from analysis and state the basis for the exclusion. The waste analysis shall rely on appropriate analytical techniques.

NR 670.062(2)(b)1.d. d. An approximate quantification of the hazardous constituents identified in the waste, within the precision produced by appropriate analytical methods.

NR 670.062(2)(b)2. 2. A detailed engineering description of the incinerator for which the license is sought including all of the following:

NR 670.062(2)(b)2.a. a. Manufacturer’s name and model number of incinerator (if available).

NR 670.062(2)(b)2.b. b. Type of incinerator.

NR 670.062(2)(b)2.c. c. Linear dimensions of the incinerator unit including the cross sectional area of combustion chamber.

NR 670.062(2)(b)2.d. d. Description of the auxiliary fuel system (type and feed).

NR 670.062(2)(b)2.e. e. Capacity of prime mover.

NR 670.062(2)(b)2.f. f. Description of automatic waste feed cut-off systems.

NR 670.062(2)(b)2.g. g. Stack gas monitoring and pollution control equipment.

NR 670.062(2)(b)2.h. h. Nozzle and burner design.

NR 670.062(2)(b)2.i. i. Construction materials.

NR 670.062(2)(b)2.j. j. Location and description of temperature, pressure and flow indicating and control devices.

NR 670.062(2)(b)3. 3. 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 670.062(2)(b)4. 4. A detailed test schedule for each waste for which the trial burn is planned including dates, duration, quantity of waste to be burned, and other factors relevant to the department’s decision under par. (e).

NR 670.062(2)(b)5. 5. A detailed test protocol, including, for each waste identified, the ranges of temperature, waste feed rate, combustion gas velocity, use of auxiliary fuel, and any other relevant parameters that will be varied to affect the destruction and removal efficiency of the incinerator.

NR 670.062(2)(b)6. 6. A description of, and planned operating conditions for, any emission control equipment which will be used.

NR 670.062(2)(b)7. 7. Procedures for rapidly stopping waste feed, shutting down the incinerator, and controlling emissions in the event of an equipment malfunction.

NR 670.062(2)(b)8. 8. Other information as the department reasonably finds necessary to determine whether to approve the trial burn plan in light of the purposes of this subsection and the criteria in par. (e).

NR 670.062(2)(c) (c) 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 670.062(2)(d) (d) Based on the waste analysis data in the trial burn plan, the department will specify as trial principal organic hazardous constituents (POHCs), those constituents for which destruction and removal efficiencies shall be calculated during the trial burn. These trial POHCs will be specified by the department based on the department’s estimate of the difficulty of incineration of the constituents identified in the waste analysis, their concentration or mass in the waste feed, and, for wastes listed in subch. D of ch. NR 661, the hazardous waste organic constituent or constituents identified in ch. NR 661 Appendix VII as the basis for listing.

NR 670.062(2)(e) (e) The department shall approve a trial burn plan if the department finds that all of the following apply:

NR 670.062(2)(e)1. 1. The trial burn is likely to determine whether the incinerator performance standard required by s. NR 664.0343 can be met.

NR 670.062(2)(e)2. 2. The trial burn itself will not present an imminent hazard to human health or the environment.

NR 670.062(2)(e)3. 3. The trial burn will help the department to determine operating requirements to be specified under s. NR 664.0345.

NR 670.062(2)(e)4. 4. The information sought in subds. 1. and 2. cannot reasonably be developed through other means.

NR 670.062(2)(f) (f) 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 670.062(2)(f)1. 1. This notice shall be mailed within a reasonable time period before the scheduled 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.