NR 670.026 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (3) (o) Register July 2017 No. 739, eff. 8-1-17.

NR 670.027NR 670.027 Specific feasibility and plan of operation report information requirements for air emission controls for tanks, surface impoundments and containers.

NR 670.027(1)(1) Except as otherwise provided in s. NR 664.0001, owners and operators of tanks, surface impoundments or containers that use air emission controls according to subch. CC of ch. NR 664 shall provide all of the following additional information:

NR 670.027(1)(a)(a) Documentation for each floating roof cover installed on a tank subject to s. NR 664.1084 (4) (a) or (b) that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the applicable design specifications as listed in s. NR 664.1084 (5) (a) or (6) (a).

NR 670.027(1)(b)(b) Identification of each container area subject to subch. CC of ch. NR 664 and certification by the owner or operator that the requirements of this subchapter are met.

NR 670.027(1)(c)(c) Documentation for each enclosure used to control air pollutant emissions from tanks or containers according to s. NR 664.1084 (4) (e) or 664.1086 (5) (a) 2. that includes records for the most recent set of calculations and measurements performed by the owner or operator 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 670.027(1)(d)(d) Documentation for each floating membrane cover installed on a surface impoundment according to s. NR 664.1085 (3) that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications listed in s. NR 664.1085 (3) (a).

NR 670.027(1)(e)(e) Documentation for each closed-vent system and control device installed according to s. NR 664.1087 that includes design and performance information as specified in s. NR 670.024 (3) and (4).

NR 670.027(1)(f)(f) An emission monitoring plan for both Method 21 in 40 CFR part 60, appendix A, incorporated by reference in s. NR 660.11, 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 noncompliances.

NR 670.027(1)(g)(g) When an owner or operator of a facility subject to subch. CC of ch. NR 665 cannot comply with subch. CC of ch. NR 664 by the date of license issuance, the schedule of implementation required under s. NR 665.1082.

NR 670.028NR 670.028 Information requirements for long-term care licenses. For long-term care licenses, the owner or operator shall submit only the information specified in ss. NR 670.014 (2) (a), (d) to (f), (k), (m), (n), (p) and (s), (3) and (4), unless the department determines that additional information from s. NR 670.014, 670.016, 670.017, 670.018 or 670.021 is necessary. The owner or operator shall submit the same information when an alternative authority is used in lieu of a long-term care license as provided in s. NR 670.001 (3) (g).

NR 670.029NR 670.029 License denial. The department may, pursuant to the procedures in s. NR 670.043 (2) and subch. L, deny the license application either in its entirety or as to the active life of a hazardous waste management facility or unit only.

NR 670.030NR 670.030 Conditions applicable to all operating licenses. The following conditions apply to all hazardous waste licenses, and shall be incorporated into the operating license either expressly or by reference. If incorporated by reference, a specific citation to this chapter shall be given in the license.

NR 670.030(1)(1) Duty to comply. The licensee shall comply with all conditions of the operating license, except that the licensee need not comply with the conditions of the operating license to the extent and for the duration the noncompliance is authorized in an emergency license under s. NR 670.061. Any license noncompliance, except under the terms of an emergency license, constitutes a violation of ch. 291, Stats., and chs. NR 660 to 673 and is grounds for enforcement action; for license revocation, suspension, or modification; or for denial of a license reissuance application.

NR 670.030(2)(2) Duty to reapply. If the licensee wishes to continue an activity regulated by an operating license after the expiration date of the operating license, the licensee shall apply for and obtain a new operating license.

NR 670.030(3)(3) Need to halt or reduce activity not a defense. It is not a defense for a licensee in an enforcement action that it would have been necessary to halt or reduce the licensed activity in order to maintain compliance with the conditions of the license.

NR 670.030(4)(4) License noncompliance. In the event of noncompliance with the license, the licensee shall take all reasonable steps to minimize releases to the environment, and shall carry out such measures as are reasonable to prevent significant adverse impacts on human health or the environment.

NR 670.030(5)(5) Proper operation and maintenance. The licensee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the licensee to achieve compliance with the conditions of the license. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the license.

NR 670.030(6)(6) License actions. A license may be modified, suspended, or revoked. The filing of a request by the licensee for a license modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any license condition.

NR 670.030(7)(7) Property rights. The license does not convey any property rights of any sort, or any exclusive privilege.

NR 670.030(8)(8) Duty to provide information. The licensee shall furnish to the department, within a reasonable time, any relevant information which the department may request to determine whether cause exists for modifying, revoking or suspending the license, or to determine compliance with the license. The licensee shall also furnish to the department, upon request, copies of records required to be kept by the license.

NR 670.030(9)(9) Inspection and entry. The licensee shall allow any employee, officer or authorized representative of the department, with notice provided no later than upon arrival, to do all of the following:

NR 670.030(9)(a)(a) Enter the licensee’s premises where a regulated facility or activity is located or conducted, or where records are kept.

NR 670.030(9)(c)(c) Inspect any facilities, vehicles, equipment (including monitoring and control equipment), practices or operations and any hazardous waste facility construction project.