1) Include, in the license, conditions that ensure emissions of toxic compounds are minimized from startup, shutdown and malfunction events, including releases from emergency safety vents, based on review of information including the source’s startup, shutdown and malfunction plan, design and operating history.
2) Specify that these license requirements apply only when the facility is operating under its startup, shutdown and malfunction plan.
NR 670.235(1)(b)2.b.b. 1) The owner or operator shall notify the department in writing of changes to the startup, shutdown and malfunction plan or changes to the design of the source that may significantly increase emissions of toxic compounds from startup, shutdown or malfunction events, including releases from emergency safety vents. The owner or operator shall notify the department of the changes within 5 days of making the changes. The owner or operator shall identify in the notification recommended revisions to license conditions necessary as a result of the changes to ensure that emissions of toxic compounds are minimized during these events. 2) The department may revise license conditions as a result of these changes to ensure that emissions of toxic compounds are minimized during startup, shutdown or malfunction events, including releases from emergency safety vents either:
a) Upon license renewal, or, if warranted,
NR 670.235(2)(a)(a) Interim license operations. In compliance with ss. NR 665.0340 and 666.100 (2), the owner or operator of an incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that is operating under the interim license standards of ch. NR 665 or 666 may control emissions of toxic compounds during startup, shutdown and malfunction events under any of the following options after conducting a comprehensive performance test and submitting to the department a notification of compliance documenting compliance with the standards of 40 CFR part 63, subpart EEE: NR 670.235(2)(a)1.1. ‘RCRA option.’ Under this option, the owner or operator continues to comply with the interim license emission standards and operating requirements of ch. NR 665 or 666 relevant to control of emissions from startup, shutdown and malfunction events. Those standards and requirements apply only during startup, shutdown and malfunction events. NR 670.235(2)(a)2.2. ‘CAA option.’ Under this option, the owner or operator is exempt from the interim license standards of ch. NR 665 or 666 relevant to control of emissions of toxic compounds during startup, shutdown and malfunction events upon submission of written notification and documentation to the department that the startup, shutdown and malfunction plan required under 40 CFR 63.1206 (c) (2) has been approved by the department under 40 CFR 63.1206 (c) (2) (ii) (B). NR 670.235(2)(b)(b) Operations under a subsequent operating license. When an owner or operator of an incinerator, cement kiln or lightweight aggregate kiln that is operating under the interim license standards of ch. NR 665 or 666 submits an operating license application, the owner or operator may request that the department control emissions from startup, shutdown and malfunction events under any of the options provided by sub. (1) (b) 1., 2. or 3. NR 670.235(3)(3) New units. Hazardous waste incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler or hydrochloric acid production furnace units that become subject to hazardous waste licensing requirements after October 12, 2005 shall control emissions of toxic compounds during startup, shutdown, and malfunction events under either of the following options: NR 670.235(3)(b)(b) Request to include in the hazardous waste license, conditions that ensure emissions of toxic compounds are minimized from startup, shutdown and malfunction events, including releases from emergency safety vents, based on review of information including the source’s startup, shutdown and malfunction plan and design. The department will specify that these license conditions apply only when the facility is operating under its startup, shutdown, and malfunction plan. NR 670.235 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (title), (1) (a) (intro.), (2) (a) (intro.), cr. (3) Register July 2017 No. 739, eff. 8-1-17. NR 670.250NR 670.250 What is a standardized license? The standardized license is a special form of license that may consist of 2 parts: a uniform portion that the department issues in all cases and a supplemental portion that the department issues at its discretion. The term “standardized license” is defined in s. NR 670.002 (23m). NR 670.250(1)(1) What comprises the uniform portion? The uniform portion of a standardized license consists of terms and conditions relevant to the unit or units you are operating at your facility and are found in ch. NR 667. If you intend to operate under the standardized license, comply with the terms and conditions in ch. NR 667. NR 670.250(2)(2) What comprises the supplemental portion? The supplemental portion of a standardized license consists of site-specific terms and conditions beyond those of the uniform portion that the department may impose on your particular facility, as necessary to protect human health and the environment. If the department issues you a supplemental portion, you shall comply with the site-specific terms and conditions it imposes. NR 670.250(2)(a)(a) When required under s. NR 667.0101, provisions to implement corrective action shall be included in the supplemental portion. NR 670.250(2)(b)(b) Unless otherwise specified, these supplemental license terms and conditions apply to your facility in addition to the terms and conditions of the uniform portion of the standardized license and not in place of any of those terms and conditions. NR 670.250 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17. NR 670.255NR 670.255 Who is eligible for a standardized license? NR 670.255(1)(1) You may be eligible for a standardized license if either par. (a) or (b) applies: NR 670.255(1)(a)(a) You generate hazardous waste and then store or non-thermally treat the hazardous waste on-site in containers, tanks, or containment buildings. NR 670.255(1)(b)(b) You 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 containers, tanks, or containment buildings. NR 670.255(1)(c)(c) In either case, the department shall inform you of your eligibility when a decision is made on your license application. NR 670.255 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17. NR 670.260NR 670.260 What requirements of ch. NR 670 do and do not apply to a standardized license? The following sections of this chapter apply to a standardized license: NR 670.260(5)(5) Subchapter E — Expiration and Continuation of Licenses: All sections. NR 670.260(8)(8) Subchapter H — Remediation Variances: Does not apply. NR 670.260 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17. NR 670.270NR 670.270 How do I apply for a standardized license? NR 670.270(1)(1) Apply for a standardized license by following the procedures in this subchapter. NR 670.270(2)(2) Submit a written notice of intent to operate under a standardized license to the department. Include the information and certifications required under this subchapter. NR 670.275NR 670.275 What information shall I submit to the department to support my standardized license application? The information in subs. (1) to (9) shall be the basis of your standardized license application. Submit the application to the department when you submit your notice of intent under s. NR 670.270 (2) requesting coverage under a standardized license. NR 670.275(7)(7) The most recent closure cost estimate for your facility prepared under s. NR 667.0142 and a copy of the documentation required to demonstrate financial assurance under s. NR 667.0143. For a new facility, you may gather the required documentation 60 days before the initial receipt of hazardous wastes. NR 670.275(8)(8) If you manage wastes generated offsite, the waste analysis plan. NR 670.275(9)(9) If you manage waste generated from off-site, documentation showing that the waste generator and the off-site facility are under the same ownership. NR 670.275 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17. NR 670.280NR 670.280 What are the certification requirements? Submit a signed certification based on your audit of your facility’s compliance with ch. NR 667. NR 670.280(1)(1) Your certification shall read: “I certify under penalty of law that: NR 670.280(1)(a)(a) I have personally examined and am familiar with the report containing the results of an audit conducted of my facility’s compliance status with ch. NR 667, which supports this certification. Based on my inquiry of those individuals immediately responsible for conducting the audit and preparing the report, I believe that (include subd. 1. or 2., whichever applies): NR 670.280(1)(a)1.1. My existing facility complies with all applicable requirements of ch. NR 667 and shall continue to comply until the expiration of the license. NR 670.280(1)(a)2.2. My facility has been designed, and shall be constructed and operated to comply with all applicable requirements of ch. NR 667, and shall continue to comply until expiration of the license. NR 670.280(1)(b)(b) I shall make all information that I am required to maintain at my facility by ss. NR 670.290 to 670.315 readily available for review by the department and the public. NR 670.280(1)(c)(c) I shall continue to make all information required by ss. NR 670.290 to 670.315 available until the license expires. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violation.” NR 670.280(3)(3) This certification shall be based upon an audit that you conduct of your facility’s compliance status with ch. NR 667. A written audit report, signed and certified as accurate by the auditor, shall be submitted to the department with the s. NR 670.270 (2) notice of intent. NR 670.280 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register July 2017. NR 670.290NR 670.290 What general types of information shall I keep at my facility? Keep the following information at your facility: NR 670.290(2)(2) Chemical and physical analyses of the hazardous waste and hazardous debris handled at the facility. At a minimum, these analyses shall contain all the information you must know to treat or store the wastes properly under the requirements of ch. NR 667. NR 670.290(8)(8) A description of procedures, structures or equipment used at the facility to: NR 670.290(8)(a)(a) Prevent hazards in unloading operations (for example, use ramps, special forklifts). NR 670.290(8)(b)(b) Prevent runoff from hazardous waste handling areas to other areas of the facility or environment, or to prevent flooding (for example, with berms, dikes, trenches). NR 670.290(8)(e)(e) Prevent undue exposure of personnel to hazardous waste (for example, requiring protective clothing). NR 670.290(9)(9) A description of precautions to prevent accidental ignition or reaction of ignitable, reactive, or incompatible wastes as required by s. NR 667.0017. NR 670.290(10)(10) Traffic pattern, estimated volume (number, types of vehicles) and control (for example, show turns across traffic lanes and stacking lanes; describe access road surfacing and load bearing capacity; show traffic control signals). NR 670.290(12)(12) An outline of both the introductory and continuing training programs you will use to prepare employees to operate or maintain your facility safely as required by s. NR 667.0016. A brief description of how training will be designed to meet actual job tasks under s. NR 667.0016 (4) (c) requirements. NR 670.290(15)(15) The most recent closure cost estimate for your facility prepared under s. NR 667.0142 and a copy of the documentation required to demonstrate financial assurance under s. NR 667.0143. For a new facility, you may gather the required documentation 60 days before the initial receipt of hazardous wastes. NR 670.290(17)(17) Where applicable, a copy of the insurance policy or other documentation that complies with the liability requirements of s. NR 667.0147. For a new facility, documentation showing the amount of insurance meeting the specification of s. NR 667.0147 (1) that you plan to have in effect before initial receipt of hazardous waste for treatment or storage. NR 670.290(18)(18) A topographic map showing a distance of 1,000 feet around your facility at a scale of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200 feet). The map shall show elevation contours. The contour interval shall show the pattern of surface water flow in the vicinity of and from each operational unit of the facility. For example, contours with an interval of 1.5 meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an interval of 0.6 meters (2 feet), if relief is less than 6.1 meters (20 feet). The map shall clearly show the following:
