Chapter NR 670

NR 670.290(18)(k) (k) Barriers for drainage or flood control.

NR 670.290(18)(L) (L) Location of operational units within your facility, where hazardous waste is (or will be) treated or stored. (Include equipment cleanup areas.)

NR 670.290 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (12) made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739.

NR 670.300 NR 670.300 What container information shall I keep at my facility? If you store or treat hazardous waste in containers, keep the following information at your facility:

NR 670.300(1) (1) A description of the containment system to demonstrate compliance with the container storage area provisions of s. NR 667.0173. This description shall show the following:

NR 670.300(1)(a) (a) Basic design parameters, dimensions and materials of construction.

NR 670.300(1)(b) (b) How the design promotes drainage or how containers are kept from contact with standing liquids in the containment system.

NR 670.300(1)(c) (c) Capacity of the containment system relative to the number and volume of containers to be stored.

NR 670.300(1)(d) (d) Provisions for preventing or managing run-on.

NR 670.300(1)(e) (e) How accumulated liquids can be analyzed and removed to prevent overflow.

NR 670.300(2) (2) For storage areas that store containers holding wastes that do not contain free liquids, a demonstration of compliance with s. NR 667.0173 (3), including:

NR 670.300(2)(a) (a) Test procedures and results or other documentation or information to show that the wastes do not contain free liquids.

NR 670.300(2)(b) (b) A description of how the storage area is designed or operated to drain and remove liquids or how containers are kept from contact with standing liquids.

NR 670.300(3) (3) Sketches, drawings, or data demonstrating compliance with s. NR 667.0174 (location of buffer zone (15m or 50ft) and containers holding ignitable or reactive wastes) and s. NR 667.0175 (3) (location of incompatible wastes in relation to each other), where applicable.

NR 670.300(4) (4) Where incompatible wastes are stored or otherwise managed in containers, a description of the procedures used to ensure compliance with ss. NR 667.0017 (2) and (3) and 667.0175 (1) and (2).

NR 670.300(5) (5) Information on air emission control equipment as required by s. NR 670.315.

NR 670.300 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 670.305 NR 670.305 What tank information shall I keep at my facility? If you use tanks to store or treat hazardous waste, keep the following information at your facility:

NR 670.305(1) (1) A written assessment that is reviewed and certified by an qualified professional engineer on the structural integrity and suitability for handling hazardous waste of each tank system, as required under ss. NR 667.0191 and 667.0192.

NR 670.305(2) (2) Dimensions and capacity of each tank.

NR 670.305(3) (3) Description of feed systems, safety cutoff, bypass systems, and pressure controls (for example, vents).

NR 670.305(4) (4) A diagram of piping, instrumentation, and process flow for each tank system.

NR 670.305(5) (5) A description of materials and equipment used to provide external corrosion protection, as required under s. NR 667.0191.

NR 670.305(6) (6) For new tank systems, a detailed description of how the tank system or systems will be installed in compliance with ss. NR 667.0192 and 667.0194.

NR 670.305(7) (7) Detailed plans and description of how the secondary containment system for each tank system is or will be designed, constructed and operated to meet the requirements of ss. NR 667.0195 and 667.0196.

NR 670.305(9) (9) Description of controls and practices to prevent spills and overflows, as required under s. NR 667.0198.

NR 670.305(10) (10) For tank systems in which ignitable, reactive, or incompatible wastes are to be stored or treated, a description of how operating procedures and tank system and facility design shall achieve compliance with the requirements of ss. NR 667.0202 and 667.0203.

NR 670.305(11) (11) Information on air emission control equipment as required by s. NR 670.315.

NR 670.305 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (4) made under s. 35.17, Stats., Register July 2017 No. 739.

NR 670.310 NR 670.310 What equipment information shall I keep at my facility? If your facility has equipment to which subch. BB of ch. NR 664 applies, keep the following information at your facility:

NR 670.310(1) (1) For each piece of equipment to which subch. BB of ch. NR 664 applies:

NR 670.310(1)(a) (a) Equipment identification number and hazardous waste management unit identification.

NR 670.310(1)(b) (b) Approximate locations within the facility (for example, identify the hazardous waste management unit on a facility plot plan).

NR 670.310(1)(c) (c) Type of equipment (for example, a pump or a pipeline valve).

NR 670.310(1)(d) (d) Percent by weight of total organics in the hazardous waste stream at the equipment.

NR 670.310(1)(e) (e) Hazardous waste state at the equipment (for example, gas, vapor, or liquid).

NR 670.310(1)(f) (f) Method of compliance with the standard (for example, monthly leak detection and repair or equipped with dual mechanical seals).

NR 670.310(2) (2) For facilities that cannot install a closed-vent system and control device to comply with subch. BB of ch. NR 664 on the effective date that the facility becomes subject to the subch. BB of ch. NR 664 provisions, an implementation schedule as specified in s. NR 664.1033 (1) (b).

NR 670.310(3) (3) Documentation that demonstrates compliance with the equipment standards in ss. NR 6264.1052 and 664.1059. This documentation shall contain the records required under s. NR 664.1064.

NR 670.310(4) (4) Documentation to demonstrate compliance with s. NR 664.1060 shall include the following information:

NR 670.310(4)(a) (a) A list of all information references and sources used in preparing the documentation.

NR 670.310(4)(b) (b) Records, including the dates, of each compliance test required by s. NR 664.1033 (10).

NR 670.310(4)(c) (c) A design analysis, specifications, drawings, schematics and piping and instrumentation diagrams based on the appropriate sections of “Course 415: Control of Gaseous Emissions,” incorporated by reference in s. NR 660.11, or other engineering texts acceptable to the department that present basic control device design information. The design analysis shall address the vent stream characteristics and control device operation parameters as specified in s. NR 664.1035 (2) (d) 3.

NR 670.310(4)(d) (d) A statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is operating at the highest load or capacity level reasonable expected to occur.

NR 670.310(4)(e) (e) A statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of 95 weight percent or greater.

NR 670.310 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 670.315 NR 670.315 What air emissions control information shall I keep at my facility? If you have air emission control equipment subject to subch. CC of ch. NR 664, keep the following information at your facility:

NR 670.315(1) (1) Documentation for each floating roof cover installed on a tank subject to s. NR 664.1084 (4) (a) or (b) that includes information you prepared or the cover manufacturer or vendor provided describing the cover design, and your certification that the cover meets applicable design specifications listed in s. NR 664.1084 (5) (a) or (6) (a).

NR 670.315(2) (2) Identification of each container area subject to the requirements of subch. CC of ch. NR 664 and your certification that the requirements of the subchapter are met.

NR 670.315(3) (3) Documentation for each enclosure used to control air pollutant emissions from tanks or containers under requirements of s. NR 664.1084 (4) (e) or 664.1086 (5) (a) 2. Include records for the most recent set of calculations and measurements you performed to verify that the enclosure meets the criteria of a permanent total enclosure as specified in “Procedure T — Criteria for and Verification of a Permanent or Temporary Total Enclosure” under 40 CFR 52.741, Appendix B.

NR 670.315(5) (5) Documentation for each closed vent system and control device installed under requirements of s. NR 664.1087 that includes design and performance information as specified in s. NR 670.024 (3) and (4).

NR 670.315(6) (6) An emission monitoring plan for both Method 21 in 40 CFR part 60, Appendix A and control device monitoring methods. This plan shall include the following information: monitoring points, monitoring methods for control devices, monitoring frequency, procedures for documenting exceedances, and procedures for mitigating non-compliance.

NR 670.315 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 670.320 NR 670.320 How do I modify my standardized license? You may modify your standardized license by following the procedures found in subs. (1) to (4).

NR 670.320(1) (1) Types of changes to standardized licenses. You may make routine changes, routine changes with prior department approval and significant changes. For the purposes of this section:

NR 670.320(1)(a) (a) “Routine changes” are any changes to the standardized license that qualify as a class 1 license modification (without prior department approval) under ch. NR 670 Appendix I.

NR 670.320(1)(b) (b) “Routine changes with prior department approval” are those changes to the standardized license that would qualify as a class 1 modification with prior department approval or a class 2, under ch. NR 670 Appendix I.

NR 670.320(1)(c) (c) “Significant changes” are any changes to the standardized license that that are any of the following:

NR 670.320(1)(c)1. 1. Qualify as a class 3 license modification under ch. NR 670 Appendix I.

NR 670.320(1)(c)2. 2. Are not explicitly identified in ch. NR 670 Appendix I.

NR 670.320(1)(c)3. 3. Amend any terms or conditions in the supplemental portion of your standardized license.

NR 670.320(2) (2) Procedures for routine changes.

NR 670.320(2)(a) (a) You may make routine changes to the standardized permit without obtaining approval from the department. However, you shall first determine whether the routine change you intend to make amends the information you submitted under s. NR 670.275 with your notice of intent to operate under the standardized license.

NR 670.320(2)(b) (b) If the routine changes you make amend the information you submitted under s. NR 670.275 with your notice of intent to operate under the standardized license, then before you make the routine changes you shall:

NR 670.320(2)(b)1. 1. Submit the revised information pursuant to s. NR 670.275 (1) to the department.

NR 670.320(2)(b)2. 2. Provide notice of the changes to the facility mailing list, local governments, and state agencies identified in s. NR 670.410 (3) (a) 9. to 11.

NR 670.320(3) (3) Procedures for routine changes with prior department approval.

NR 670.320(3)(a) (a) Routine changes to the standardized license with prior department approval may only be made with the prior written approval of the department.

NR 670.320(3)(b) (b) You shall also follow the procedures in sub. (2) (b) 1. and 2.

NR 670.320(4) (4) Procedures for significant changes.

NR 670.320(4)(a) (a) You shall first provide notice of and conduct a public meeting.

NR 670.320(4)(a)1. 1. ‘Public Meeting.’ Hold a meeting with the public to solicit questions from the community and inform the community of your proposed modifications to your hazardous waste management activities. Post a sign-in sheet or otherwise provide a voluntary opportunity for people attending the meeting to provide their names and addresses.

NR 670.320(4)(a)2. 2. ‘Public Notice.’ At least 30 days before you plan to hold the meeting, issue a public notice according to the requirements of s. NR 670.431 (4).

NR 670.320(4)(b) (b) After holding the public meeting, submit a modification request to the department that:

NR 670.320(4)(b)1. 1. Describes the exact change or changes you are requesting and whether they are changes to information you provided under s. NR 670.275 or to terms and conditions in the supplemental portion of your standardized license.

NR 670.320(4)(b)2. 2. Explains why the modification is needed.

NR 670.320(4)(b)3. 3. Includes a summary of the public meeting under par. (a), along with the list of attendees and their addresses and copies of any written comments or materials they submitted at the meeting.

NR 670.320 Note Note: A significant change that is also a facility expansion is subject to s. NR 670.007 (1).

NR 670.320(4)(c) (c) After receiving your modification request, the department shall make a tentative determination within 120 days to approve or disapprove the request. The department may take a one time extension of 30 days to prepare the draft license modification decision. If the department anticipates that it will use the 30-day extension, the department will inform the license applicant during their initial 120-day review period.

NR 670.320(4)(d) (d) After the department makes the tentative determination, the department shall follow the procedures in ss. NR 670.505 and 670.507 to 670.510 for processing an initial request for coverage under the standardized license apply to making the final determination on the modification request.

NR 670.320 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (4) (d) made under s. 35.17, Stats., Register July 2017 No. 739; CR 19-082: am. (2) (b) 2. Register August 2020 No. 776, eff. 9-1-20.

subch. L of ch. NR 670 Subchapter L — General Decisionmaking Procedures

NR 670.401 NR 670.401 Purpose and scope. This subchapter and subch. M contain department procedures for issuing, modifying, revoking and reissuing or denying licenses.

NR 670.401 Note Note: To coordinate decisionmaking when a permit will be issued by EPA and an operating license will be issued by the department, this chapter allows applications to be jointly processed, joint comment periods and hearings to be held, and a final permit and lice to be issued on a cooperative basis whenever EPA and the department agree to take these steps in general or in individual cases.

NR 670.401 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 670.403 NR 670.403 License application procedures.

NR 670.403(1) (1) 

NR 670.403(1)(a) (a) Any person required to have a license under s. NR 670.001 shall complete, sign and submit a license application to the department.

NR 670.403(1)(b) (b) The department may not begin reviewing the license application until the applicant has fully complied with the requirements in ss. NR 670.007, 670.010 and 670.013.