Chapter NR 665

NR 665.0340(1) (1) This subchapter applies to owners and operators of hazardous waste incinerators (as defined in s. NR 660.10), except as s. NR 665.0001 provides otherwise.

NR 665.0340(2) (2) 

NR 665.0340(2)(a) (a) Except as provided by pars. (b) and (c), this chapter no longer applies when an owner or operator demonstrates compliance with the maximum achievable control technology (MACT) requirements of 40 CFR part 63, subpart EEE, by conducting a comprehensive performance test and submitting proof of a postmarked notification of compliance to the department under 40 CFR 63.1207 (j) and 63.1210 (d) documenting compliance with 40 CFR part 63, subpart EEE.

NR 665.0340(2)(b) (b) Section NR 665.0351 and the applicable requirements of subchs. A to H, BB and CC continue to apply even where the owner or operator has demonstrated compliance with the MACT requirements of 40 CFR part 63, subpart EEE.

NR 665.0340(2)(c) (c) Section NR 665.0345 generally prohibiting burning of hazardous waste during startup and shutdown remains in effect if the owner or operator elects to comply with s. NR 670.235 (2) (a) 1. to minimize emissions of toxic compounds from startup and shutdown.

NR 665.0340(3) (3) Owners and operators of incinerators burning hazardous waste are exempt from this subchapter, except s. NR 665.0351, provided that the owner or operator has documented, in writing, that the waste would not reasonably be expected to contain any of the hazardous constituents in ch. NR 661 Appendix VIII, and has retained that documentation at the facility, if the waste to be burned is one of the following:

NR 665.0340(3)(a) (a) Listed as a hazardous waste in subch. D of ch. NR 661 solely because it is ignitable (hazard code I), corrosive (hazard code C) or both.

NR 665.0340(3)(b) (b) Listed as a hazardous waste in subch. D of ch. NR 661 solely because it is reactive (hazard code R) for characteristics other than those in s. NR 661.0023 (1) (d) and (e), and will not be burned when other hazardous wastes are present in the combustion zone.

NR 665.0340(3)(c) (c) A hazardous waste solely because it possesses the characteristic of ignitability, corrosivity or both, as determined by the tests for characteristics of hazardous wastes under subch. C of ch. NR 661.

NR 665.0340(3)(d) (d) A hazardous waste solely because it possesses any of the reactivity characteristics in s. NR 661.0023 (1) (a), (b), (c), (f), (g) or (h), and will not be burned when other hazardous wastes are present in the combustion zone.

NR 665.0340 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (2) (a) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (2) (a), (3) (b), (d) Register August 2020 No. 776, eff. 9-1-20; correction in (3) (b) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 665.0341 NR 665.0341 Waste analysis. In addition to the waste analyses required by s. NR 665.0013, the owner or operator shall sufficiently analyze any waste which the owner or operator has not previously burned in the owner or operator’s incinerator to enable the owner or operator to establish steady state (normal) operating conditions (including waste and auxiliary fuel feed and air flow) and to determine the type of pollutants which might be emitted. At a minimum, the analysis shall determine all of the following:

NR 665.0341(1) (1) Heating value of the waste.

NR 665.0341(2) (2) Halogen content and sulfur content in the waste.

NR 665.0341(3) (3) Concentrations in the waste of lead and mercury, unless the owner or operator has written, documented data that show that the elements are not present.

NR 665.0341 Note Note: As required by s. NR 665.0073, the owner or operator shall place the results from each waste analysis, or the documented information, in the operating record of the facility.

NR 665.0341 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0345 NR 665.0345 General operating requirements. During start-up and shut-down of an incinerator, the owner or operator may not feed hazardous waste unless the incinerator is at steady state (normal) conditions of operation, including steady state operating temperature and air flow.

NR 665.0345 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0347 NR 665.0347 Monitoring and inspections. The owner or operator shall conduct, as a minimum, all of the following monitoring and inspections when incinerating hazardous waste:

NR 665.0347(1) (1) Monitor existing instruments which relate to combustion and emission control at least every 15 minutes. Immediately make appropriate corrections to maintain steady state combustion conditions either automatically or by the operator. Instruments which relate to combustion and emission control would normally include those measuring waste feed, auxiliary fuel feed, air flow, incinerator temperature, scrubber flow, scrubber pH and relevant level controls.

NR 665.0347(2) (2) Inspect the complete incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) at least daily for leaks, spills and fugitive emissions, and check all emergency shutdown controls and system alarms to assure proper operation.

NR 665.0347 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0351 NR 665.0351 Closure. At closure, the owner or operator shall remove all hazardous waste and hazardous waste residues (including but not limited to ash, scrubber waters and scrubber sludges) from the incinerator.

NR 665.0351 Note Note: At closure, as throughout the operating period, unless the owner or operator can demonstrate, according to s. NR 661.0003 (4), that the residue removed from the owner or operator’s incinerator is not hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it according to all applicable requirements of chs. NR 662 to 666.

NR 665.0351 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0352 NR 665.0352 Interim licensed incinerators burning particular hazardous wastes.

NR 665.0352(1) (1) Owners or operators of incinerators subject to this subchapter may burn EPA hazardous wastes F020, F021, F022, F023, F026 or F027 if they receive an interim license or interim license modification from the department after the owner or operator demonstrates that they can meet the performance standards of subch. O of ch. NR 664 when they burn these wastes.

NR 665.0352(2) (2) The department shall use all of the following standards and procedures to determine whether to issue an interim license or interim license modification:

NR 665.0352(2)(a) (a) The owner or operator shall submit an application to the department containing applicable information in ss. NR 670.019 and 670.062 demonstrating that the incinerator can meet the performance standards in subch. O of ch. NR 664 when they burn these wastes.

NR 665.0352(2)(b) (b) The department shall issue a preliminary determination as to whether the incinerator can meet the performance standards in subch. O of ch. NR 664. The department shall provide notification of this preliminary determination by newspaper advertisement and radio broadcast in the jurisdiction where the incinerator is located. The department shall accept comments on the preliminary determination for 60 days. The department may also hold a public hearing upon request or at the department’s discretion.

NR 665.0352(2)(c) (c) After the close of the public comment period, the department shall issue a decision whether or not to issue an interim license or interim license modification for the incinerator.

NR 665.0352 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. P of ch. NR 665 Subchapter P — Thermal Treatment

NR 665.0370 NR 665.0370 Other thermal treatment. This subchapter applies to owners or operators of facilities that thermally treat hazardous waste in devices other than enclosed devices using controlled flame combustion, except as s. NR 665.0001 provides otherwise. Thermal treatment in enclosed devices using controlled flame combustion is subject to the requirements of subch. O if the unit is an incinerator, and subch. H of ch. NR 666, if the unit is a boiler or an industrial furnace as defined in s. NR 660.10.

NR 665.0370 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0373 NR 665.0373 General operating requirements. Before adding hazardous waste, the owner or operator shall bring the thermal treatment process to steady state (normal) conditions of operation, including steady state operating temperature, using auxiliary fuel or other means, unless the process is a non-continuous (batch) thermal treatment process which requires a complete thermal cycle to treat a discrete quantity of hazardous waste.

NR 665.0373 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0375 NR 665.0375 Waste analysis. In addition to the waste analyses required by s. NR 665.0013, the owner or operator shall sufficiently analyze any waste which the owner or operator has not previously treated in the thermal process to enable the owner or operator to establish steady state (normal) or other appropriate (for a non-continuous process) operating conditions (including waste and auxiliary fuel feed) and to determine the type of pollutants which might be emitted. At a minimum, the analysis shall determine all of the following:

NR 665.0375(1) (1) Heating value of the waste.

NR 665.0375(2) (2) Halogen content and sulfur content in the waste.

NR 665.0375(3) (3) Concentrations in the waste of lead and mercury, unless the owner or operator has written, documented data that show that the element is not present.

NR 665.0375 Note Note: As required by s. NR 665.0073, the owner or operator shall place the results from each waste analysis, or the documented information, in the operating record of the facility.

NR 665.0375 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0377 NR 665.0377 Monitoring and inspections. The owner or operator shall conduct, as a minimum, all of the following monitoring and inspections when thermally treating hazardous waste:

NR 665.0377(1) (1) Existing instruments which relate to temperature and emission control (if an emission control device is present) shall be monitored at least every 15 minutes. Appropriate corrections to maintain steady state or other appropriate thermal treatment conditions shall be made immediately either automatically or by the operator. Instruments which relate to temperature and emission control would normally include those measuring waste feed, auxiliary fuel feed, treatment process temperature and relevant process flow and level controls.

NR 665.0377(2) (2) The stack plume (emissions), where present, shall be observed visually at least hourly for normal appearance (color and opacity). The operator shall immediately make any indicated operating corrections necessary to return any visible emissions to their normal appearance.

NR 665.0377(3) (3) The complete thermal treatment process and associated equipment (pumps, valves, conveyors, pipes, etc.) shall be inspected at least daily for leaks, spills and fugitive emissions, and all emergency shutdown controls and system alarms shall be checked to assure proper operation.

NR 665.0377 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0381 NR 665.0381 Closure. At closure, the owner or operator shall remove all hazardous waste and hazardous waste residues (including, but not limited to, ash) from the thermal treatment process or equipment.

NR 665.0381 Note Note: At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with s. NR 661.0003 (3) or (4), that any solid waste removed from the thermal treatment process or equipment is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chs. NR 662 and 663 and this chapter.

NR 665.0381 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0382 NR 665.0382 Open burning; waste explosives. Open burning of hazardous waste is prohibited except for the open burning and detonation of waste explosives. Waste explosives include waste which has the potential to detonate and bulk military propellants which cannot safely be disposed of through other modes of treatment. Detonation is an explosion in which chemical transformation passes through the material faster than the speed of sound (0.33 kilometers/second at sea level). Owners or operators choosing to open burn or detonate waste explosives shall do so in accordance with the following table and in a manner that does not threaten human health or the environment.

- See PDF for table

NR 665.0382 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0383 NR 665.0383 Interim license thermal treatment devices burning particular hazardous waste.

NR 665.0383(1) (1) Owners or operators of thermal treatment devices subject to this subchapter may burn EPA hazardous wastes F020, F021, F022, F023, F026 or F027 if they demonstrate they can meet the performance standards of subch. O of ch. NR 664 when they burn these wastes and receive approval from the department.

NR 665.0383(2) (2) All of the following standards and procedures shall be used in determining whether to approve a thermal treatment unit:

NR 665.0383(2)(a) (a) The owner or operator shall submit an application to the department containing the applicable information in ss. NR 670.019 and 670.062 demonstrating that the thermal treatment unit can meet the performance standard in subch. O of ch. NR 664 when it burns these wastes.

NR 665.0383(2)(b) (b) The department shall issue a tentative decision as to whether the thermal treatment unit can meet the performance standards in subch. O of ch. NR 664. Notification of this tentative decision shall be provided by newspaper advertisement and radio broadcast in the jurisdiction where the thermal treatment device is located. The department shall accept comment on the tentative decision for 60 days. The department also may hold a public hearing upon request or at its discretion.

NR 665.0383(2)(c) (c) After the close of the public comment period, the department shall issue a decision whether or not to approve the thermal treatment unit.

NR 665.0383 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. Q of ch. NR 665 Subchapter Q — Chemical, Physical and Biological Treatment

NR 665.0400 NR 665.0400 Applicability. This subchapter applies to owners and operators of facilities which treat hazardous wastes by chemical, physical or biological methods in other than tanks and surface impoundments, except as s. NR 665.0001 provides otherwise. Chemical, physical and biological treatment of hazardous waste in tanks and surface impoundments shall be conducted according to subchs. J and K, respectively.

NR 665.0400 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0401 NR 665.0401 General operating requirements.

NR 665.0401(1) (1) Chemical, physical or biological treatment of hazardous waste shall comply with s. NR 665.0017 (2).

NR 665.0401(2) (2) Hazardous wastes or treatment reagents may not be placed in the treatment process or equipment if they could cause the treatment process or equipment to rupture, leak, corrode or otherwise fail before the end of its intended life.

NR 665.0401(3) (3) Where hazardous waste is continuously fed into a treatment process or equipment, the process or equipment shall be equipped with a means to stop this inflow (e.g., a waste feed cut-off system or by-pass system to a standby containment device).

NR 665.0401 Note Note: These systems are intended to be used in the event of a malfunction in the treatment process or equipment.

NR 665.0401 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0402 NR 665.0402 Waste analysis and trial tests. In addition to the waste analysis required by s. NR 665.0013, whenever a hazardous waste which is substantially different from waste previously treated in a treatment process or equipment at the facility is to be treated in that process or equipment, or a substantially different process than any previously used at the facility is to be used to chemically treat hazardous waste, the owner or operator shall do any of the following to show that this proposed treatment will meet all applicable requirements of s. NR 665.0401 (1) and (2), before treating the different waste or using the different process or equipment:

NR 665.0402(1) (1) Conduct waste analyses and trial treatment tests (e.g., bench scale or pilot plant scale tests).

NR 665.0402(2) (2) Obtain written, documented information on similar treatment of similar waste under similar operating conditions.

NR 665.0402 Note Note: Note: As required by s. NR 665.0013, the waste analysis plan shall include analyses needed to comply with ss. NR 665.0405 and 665.0406. As required by s. NR 665.0073, the owner or operator shall place the results from each waste analysis and trial test, or the documented information, in the operating record of the facility.

NR 665.0402 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0403 NR 665.0403 Inspections. The owner or operator of a treatment facility shall inspect all of the following, where present:

NR 665.0403(1) (1) Discharge control and safety equipment (e.g., waste feed cut-off systems, by-pass systems, drainage systems and pressure relief systems) at least once each operating day, to ensure that it is in good working order.

NR 665.0403(2) (2) Data gathered from monitoring equipment (e.g., pressure and temperature gauges), at least once each operating day, to ensure that the treatment process or equipment is being operated according to its design.

NR 665.0403(3) (3) The construction materials of the treatment process or equipment, at least weekly, to detect corrosion or leaking of fixtures or seams.

NR 665.0403(4) (4) The construction materials of, and the area immediately surrounding, discharge confinement structures (e.g., dikes), at least weekly, to detect erosion or obvious signs of leakage (e.g., wet spots or dead vegetation).

NR 665.0403 Note Note: As required by s. NR 665.0015(3), the owner or operator shall remedy any deterioration or malfunction the owner or operator finds.

NR 665.0403 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0404 NR 665.0404 Closure. At closure, all hazardous waste and hazardous waste residues shall be removed from treatment processes or equipment, discharge control equipment and discharge confinement structures.

NR 665.0404 Note Note: At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with s. NR 661.0003 (3) or (4), that any solid waste removed from the treatment process or equipment is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chs. NR 662 and 663 and this chapter.

NR 665.0404 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0405 NR 665.0405 Special requirements for ignitable or reactive waste. Ignitable or reactive waste may not be placed in a treatment process or equipment unless the requirements in sub. (1) or (2) are met:

NR 665.0405(1) (1) The waste is treated, rendered or mixed before or immediately after placement in the treatment process or equipment so that both of the following conditions are met:

NR 665.0405(1)(a) (a) The resulting waste, mixture or dissolution of material no longer meets the definition of ignitable or reactive waste under s. NR 661.0021 or 661.0023.