Section NR 670.235 - Options for incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers, and hydrochloric acid production furnaces to minimize emissions from startup, shutdown and malfunction events(1) FACILITIES WITH EXISTING LICENSES.(a)Revisions to license conditions after documenting compliance with MACT. The owner or operator of a licensed incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace may request that the department address license conditions that minimize emissions from startup, shutdown and malfunction events under any of the following options when requesting removal of license conditions that are no longer applicable according to ss. NR 664.0340(2) and 666.100(2): 1. `Retain relevant license conditions.' Under this option, the department will do all of the following: a. Retain license conditions that address releases during startup, shutdown and malfunction events, including releases from emergency safety vents, as these events are defined in the facility's startup, shutdown and malfunction plan required under 40 CFR 63.1206(c) (2).b. Limit applicability of those license conditions only to when the facility is operating under its startup, shutdown and malfunction plan.2. `Revise relevant license conditions.' a. Under this option, the department will do all of the following: 1) Identify a subset of relevant existing license requirements or develop alternative license requirements 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) Retain or add these license requirements to the license to apply only when the facility is operating under its startup, shutdown and malfunction plan.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 operating license reissuance, or, if warranted,b) By modifying the license under s. NR 670.041(1) or 670.042. 3. `Remove license conditions.' Under this option, all of the following shall be met: a. The owner or operator shall document 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).b. The department will remove license conditions that are no longer applicable according to ss. NR 664.0340(2) and 666.100(2).(b) The owner or operator of an incinerator, cement kiln or lightweight aggregate kiln that has conducted a comprehensive performance test and submitted to the department a notification of compliance documenting compliance with the standards of 40 CFR part 63, subpart EEE may request in the application to reissue the license for the combustion unit that the owner or operator control emissions from startup, shutdown and malfunction events under any of the following options: 1. `Option A' a. Under this option, the department will do all of the following: 1) Include, in the license, conditions that ensure compliance with ss. NR 664.0345(1) and 664.0345(3) or ss. NR 666.102(5) (a) and 666.102(5) (b) 3. to minimize emissions of toxic compounds from startup, shutdown and malfunction events, including releases from emergency safety vents.2) Specify that these license requirements apply only when the facility is operating under its startup, shutdown, and malfunction plan.2. `Option B' a. Under this option, the department will do all of the following: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. 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,b) By modifying the license under ss. NR 670.041(1) or 670.042. 3. CAA option.' Under this option, all of the following shall be met: a. The owner or operator shall document 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).b. The department will omit from the license conditions that are not applicable under ss. NR 664.0340(2) and 666.100(2).(2) INTERIM LICENSED FACILITIES. (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: 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.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).(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.(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:(a) Comply with the requirements specified in 40 CFR 63.1206(c)(2).(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.Wis. Admin. Code Department of Natural Resources NR 670.235
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.Amended by, CR 16-007: am. (title), (1) (a) (intro.), (2) (a) (intro.), cr. (3) Register July 2017 No. 739, eff.8/1/2017