Chapter NR 670

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.

NR 670.062(2)(f)2. 2. This notice shall contain all of the following:

NR 670.062(2)(f)2.a. a. The name and telephone number of the applicant’s contact person.

NR 670.062(2)(f)2.b. b. The name and telephone number of the department’s contact office.

NR 670.062(2)(f)2.c. c. The location where the approved trial burn plan and any supporting documents can be reviewed and copied.

NR 670.062(2)(f)2.d. d. An expected time period for commencement and completion of the trial burn.

NR 670.062(2)(g) (g) During each approved trial burn, or as soon after the burn as is practicable, the applicant shall make all of the following determinations:

NR 670.062(2)(g)1. 1. A quantitative analysis of the trial POHCs in the waste feed to the incinerator.

NR 670.062(2)(g)2. 2. A quantitative analysis of the exhaust gas for the concentration and mass emissions of the trial POHCs, oxygen (O2) and hydrogen chloride (HCl).

NR 670.062(2)(g)3. 3. A quantitative analysis of the scrubber water (if any), ash residues and other residues, for the purpose of estimating the fate of the trial POHCs.

NR 670.062(2)(g)4. 4. A computation of destruction and removal efficiency (DRE), according to the DRE formula specified in s. NR 664.0343 (1).

NR 670.062(2)(g)5. 5. If the HCl emission rate exceeds 1.8 kilograms of HCl per hour (4 pounds per hour), a computation of HCl removal efficiency according to s. NR 664.0343 (2).

NR 670.062(2)(g)6. 6. A computation of particulate emissions, according to s. NR 664.0343 (3).

NR 670.062(2)(g)7. 7. An identification of sources of fugitive emissions and their means of control.

NR 670.062(2)(g)8. 8. A measurement of average, maximum, and minimum temperatures and combustion gas velocity.

NR 670.062(2)(g)9. 9. A continuous measurement of carbon monoxide (CO) in the exhaust gas.

NR 670.062(2)(g)10. 10. Other information as the department may specify as necessary to ensure that the trial burn will determine compliance with the performance standards in s. NR 664.0343 and to establish the operating conditions required by s. NR 664.0345 as necessary to meet that performance standard.

NR 670.062(2)(h) (h) 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 par. (f). This submission shall be made within 90 days of completion of the trial burn, or later if approved by the department.

NR 670.062(2)(i) (i) All data collected during any trial burn shall be submitted to the department following the completion of the trial burn.

NR 670.062(2)(j) (j) All submissions required by this subsection 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 670.062(2)(k) (k) Based on the results of the trial burn, the department shall set the operating requirements in the final license according to s. NR 664.0345. The license modification shall proceed according to s. NR 670.042.

NR 670.062(3) (3) For the purposes of allowing operation of a new hazardous waste incinerator following completion of the trial burn and prior to final modification of the license conditions to reflect the trial burn results, the department may establish license conditions, including but not limited to allowable waste feeds and operating conditions sufficient to meet s. NR 664.0345, in the license to a new hazardous waste incinerator. These license conditions will be effective for the minimum time required to complete sample analysis, data computation and submission of the trial burn results by the applicant, and modification of the facility license by the department.

NR 670.062(3)(a) (a) Applicants shall submit a statement, with the feasibility and plan of operation report, which identifies 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 in s. NR 664.0345.

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.