NR 670.062 HistoryHistory: 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 670.065NR 670.065Research, 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.
NR 670.065(2)(2)For the purpose of expediting review and issuance of licenses under this section, the department may, consistent with the protection of human health and the environment, modify or waive license application and license issuance requirements in ch. NR 670 except that there may be no modification or waiver of rules regarding financial responsibility, including insurance, of procedures regarding public participation or of local approval and negotiation and arbitration.
NR 670.065(3)(3)The department may order an immediate termination of all operations at the facility at any time the department determines that termination is necessary to protect human health and the environment.
NR 670.065(4)(4)Any license issued under this section may be renewed not more than 3 times. Each renewal shall be for a period of not more than one year.
NR 670.065 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 670.066NR 670.066Licenses for boilers and industrial furnaces burning hazardous waste. When an owner or operator of a cement kiln, lightweight aggregate kiln, solid fuel boiler, or hydrochloric acid production furnace becomes subject to hazardous waste licensing requirements after October 12, 2005 or when an owner or operator of an existing cement kiln, lightweight aggregate kiln, solid fuel boiler, or hydrochloric acid production furnace 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(b) documenting compliance with all applicable requirements of 40 CFR part 63, subpart EEE), the requirements of this section do not apply. The requirements of this section do apply, however, if the department determines certain provisions are necessary to ensure compliance with s. NR 666.102 (5) (a) and (b) 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; or if the facility is an area source and the owner or operator elects to comply with ss. NR 666.105, 666.106, and 666.107 standards and associated requirements for particulate matter, hydrogen chloride, and chlorine gas, and non-mercury metals; or the department determines certain the provisions apply, 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 670.066(1)(1)General. Owners and operators of new boilers and industrial furnaces, those not operating under the interim license standards of s. NR 666.103, are subject to subs. (2) to (6). Boilers and industrial furnaces operating under the interim license standards of s. NR 666.103 are subject to sub. (7).
NR 670.066(2)(2)License operating periods for new boilers and industrial furnaces. A license for a new boiler or industrial furnace shall specify appropriate conditions for the following operating periods:
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.