Chapter NR 666

NR 666.100(8) (8) Starting June 23, 1997, owners or operators of lead recovery furnaces that process hazardous waste for recovery of lead and that are subject to regulation under the Secondary Lead Smelting national standards for hazardous air pollutants (NESHAP), are conditionally exempt from regulation under this subchapter, except for s. NR 666.101. To be exempt, an owner or operator shall provide a one-time notice to the department identifying each hazardous waste burned and specifying that the owner or operator claims an exemption under this subsection. The notice also shall state that the waste burned has a total concentration of non-metal compounds listed in ch. NR 661 Appendix VIII, of less than 500 ppm by weight, as fired and as provided in sub. (4) (b) 1., or is listed in ch. NR 666 Appendix XI.

NR 666.100 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; corrections in (2) (b) 5., (4) (c) 1. (intro.), a., 2. (intro.), c., (8) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (2) (a), cr. (2) (c), (d), am. (4) (a) 2., r. and recr. (7) (b) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (3) (c), (4) (c) 1. b. Register August 2020 No. 776, eff. 9-1-20.

NR 666.101 NR 666.101 Management prior to burning.

NR 666.101(1) (1) Generators. Generators of hazardous waste that is burned in a boiler or industrial furnace are subject to ch. NR 662 .

NR 666.101(2) (2) Transporters. Transporters of hazardous waste that is burned in a boiler or industrial furnace are subject to ch. NR 663.

NR 666.101(3) (3) Storage and treatment facilities.

NR 666.101(3)(a) (a) Owners and operators of facilities that store or treat hazardous waste that is burned in a boiler or industrial furnace are subject to the applicable provisions of chs. NR 664, 665, 667 and 670, except as provided by sub. (3) (b). These standards apply to storage and treatment by the burner as well as to storage and treatment facilities operated by intermediaries (processors, blenders, distributors, etc.) between the generator and the burner.

NR 666.101(3)(b) (b) Owners and operators of facilities that burn, in an on-site boiler or industrial furnace exempt from regulation under the small quantity burner provisions of s. NR 666.108, hazardous waste that they generate are exempt from the regulations of chs. NR 664, 665, 667 and 670 applicable to storage units for those storage units that store mixtures of hazardous waste and the primary fuel to the boiler or industrial furnace in tanks that feed the fuel mixture directly to the burner. Storage of hazardous waste prior to mixing with the primary fuel is subject to regulation as prescribed in par. (a).

NR 666.101 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. Register August 2020 No. 776, eff. 9-1-20.

NR 666.102 NR 666.102 License standards for burners.

NR 666.102(1) (1) Applicability.

NR 666.102(1)(a) (a) General. Owners and operators of boilers and industrial furnaces burning hazardous waste and not operating under an interim license shall comply with this section and ss. NR 670.022 and 670.066, unless exempt under the small quantity burner exemption of s. NR 666.108.

NR 666.102(1)(b) (b) Applicability of ch. NR 664 standards. Owners and operators of boilers and industrial furnaces that burn hazardous waste are subject to the following provisions of ch. NR 664, except as provided otherwise by this subchapter:

NR 666.102(1)(b)1. 1. In subch. A of ch. NR 664 (General), s. NR 664.0004.

NR 666.102(1)(b)2. 2. In subch. B of ch. NR 664 (General facility standards), s. NR 664.0011 to 664.0018.

NR 666.102(1)(b)3. 3. In subch. C of ch. NR 664 (Preparedness and prevention), ss. NR 664.0031 to 664.0037.

NR 666.102(1)(b)4. 4. In subch. D of ch. NR 664 (Contingency plan and emergency procedures), ss. NR 664.0051 to 664.0056.

NR 666.102(1)(b)5. 5. In subch. E of ch. NR 664 (Manifest system, recordkeeping and reporting), the applicable provisions of ss. NR 664.0071 to 664.0077.

NR 666.102(1)(b)6. 6. In subch. F of ch. NR 664 (Corrective Action), ss. NR 664.0090 and 664.0101.

NR 666.102(1)(b)7. 7. In subch. G of ch. NR 664 (Closure and post-closure), ss. NR 664.0111 to 664.0115.

NR 666.102(1)(b)8. 8. In subch. H of ch. NR 664 (Financial requirements), ss. NR 664.0141, 664.0142, 664.0143 and 664.0147 to 664.0151, except that states and the federal government are exempt from s. NR 664.0147.

NR 666.102(1)(b)9. 9. Subchapter BB of ch. NR 664 (Air emission standards for equipment leaks), except s. NR 664.1050 (1).

NR 666.102(2) (2) Hazardous waste analysis.

NR 666.102(2)(a) (a) The owner or operator shall provide an analysis of the hazardous waste that quantifies the concentration of any constituent identified in ch. NR 661 Appendix VIII that may reasonably be expected to be in the waste. Such constituents shall be identified and quantified if present, at levels detectable by using appropriate analytical procedures. The ch. NR 661 Appendix VIII constituents excluded from this analysis shall be identified and the basis for their exclusion explained. This analysis shall be used to provide all information required by this subchapter and ss. NR 670.022 and 670.066 and to enable the department to prescribe such license conditions as necessary to protect human health and the environment. Such analysis shall be included as a portion of the feasibility and plan of operation report, or, for facilities operating under the interim license standards of this subchapter, as a portion of the trial burn plan that may be submitted before the feasibility and plan of operation report under provisions of s. NR 670.066 (7) as well as any other analysis required by the department in preparing the license. Owners and operators of boilers and industrial furnaces not operating under the interim license standards shall provide the information required by s. NR 670.022 or 670.066 (3) in the feasibility and plan of operation report to the greatest extent possible.

NR 666.102(2)(b) (b) Throughout normal operation, the owner or operator shall conduct sampling and analysis as necessary to ensure that the hazardous waste, other fuels, and industrial furnace feedstocks fired into the boiler or industrial furnace are within the physical and chemical composition limits specified in the license.

NR 666.102(3) (3) Emissions standards. Owners and operators shall comply with emissions standards provided by ss. NR 666.104 to 666.107.

NR 666.102(4) (4) Licenses.

NR 666.102(4)(a) (a) The owner or operator may burn only hazardous wastes specified in the facility license and only under the operating conditions specified under sub. (5), except in approved trial burns under the conditions specified in s. NR 670.066.

NR 666.102(4)(b) (b) Hazardous wastes not specified in the license may not be burned until operating conditions have been specified under a new license or license modification, as applicable. Operating requirements for new wastes may be based on either trial burn results or alternative data included with feasibility and plan of operation report under s. NR 670.022.

NR 666.102(4)(c) (c) Boilers and industrial furnaces operating under the interim license standards of s. NR 666.103 are permitted under procedures provided by s. NR 670.066 (7).

NR 666.102(4)(d) (d) A license for a new boiler or industrial furnace (those boilers and industrial furnaces not operating under the interim license standards) shall establish appropriate conditions for each of the applicable requirements of this section, including but not limited to allowable hazardous waste firing rates and operating conditions necessary to meet sub. (5), in order to comply with all of the following standards:

NR 666.102(4)(d)1. 1. 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 device to a point of operational readiness to conduct a trial burn, not to exceed a duration of 720 hours operating time when burning hazardous waste, the operating requirements shall be those most likely to ensure compliance with the emission standards of ss. NR 666.104 to 666.107, based on the department’s engineering judgment. If the applicant is seeking a waiver from a trial burn to demonstrate conformance with a particular emission standard, the operating requirements during this initial period of operation shall include those specified by the applicable provisions of s. NR 666.104, 666.105, 666.106 or 666.107. The department may extend the duration of this period for up to 720 additional hours when good cause for the extension is demonstrated by the applicant.

NR 666.102(4)(d)2. 2. For the duration of the trial burn, the operating requirements shall be sufficient to demonstrate compliance with the emissions standards of ss. NR 666.104 to 666.107 and shall be in accordance with the approved trial burn plan.

NR 666.102(4)(d)3. 3. For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, submission of the trial burn results by the applicant, review of the trial burn results and modification of the facility license by the department to reflect the trial burn results, the operating requirements shall be those most likely to ensure compliance with the emission standards of ss. NR 666.104 to 666.107 based on the department’s engineering judgment.

NR 666.102(4)(d)4. 4. For the remaining duration of the license, the operating requirements shall be those demonstrated in a trial burn or by alternative data specified in s. NR 670.022, as sufficient to ensure compliance with the emissions standards of ss. NR 666.104 to 666.107.

NR 666.102(5) (5) Operating requirements.

NR 666.102(5)(a) (a) General. A boiler or industrial furnace burning hazardous waste shall be operated in accordance with the operating requirements specified in the license at all times where there is hazardous waste in the unit.

NR 666.102(5)(b) (b) Requirements to ensure compliance with the organic emissions standards.

NR 666.102(5)(b)1. 1. ‘DRE standard.’ Operating conditions shall be specified either on a case-by-case basis for each hazardous waste burned as those demonstrated (in a trial burn or by alternative data as specified in s. NR 670.022) to be sufficient to comply with the destruction and removal efficiency (DRE) performance standard of s. NR 666.104 (1) or as those special operating requirements provided by s. NR 666.104 (1) (d) for the waiver of the DRE trial burn. When the DRE trial burn is not waived under s. NR 666.104 (1) (d), each set of operating requirements shall specify the composition of the hazardous waste (including acceptable variations in the physical and chemical properties of the hazardous waste which will not affect compliance with the DRE performance standard) to which the operating requirements apply. For each such hazardous waste, the license shall specify acceptable operating limits including, but not limited to, the following conditions as appropriate:

NR 666.102(5)(b)1.a. a. Feed rate of hazardous waste and other fuels measured and specified as prescribed in par. (f).

NR 666.102(5)(b)1.b. b. Minimum and maximum device production rate when producing normal product expressed in appropriate units, measured and specified as prescribed in par. (f).

NR 666.102(5)(b)1.c. c. Appropriate controls of the hazardous waste firing system.

NR 666.102(5)(b)1.d. d. Allowable variation in boiler and industrial furnace system design or operating procedures.

NR 666.102(5)(b)1.e. e. Minimum combustion gas temperature measured at a location indicative of combustion chamber temperature, measured and specified as prescribed in par. (f).

NR 666.102(5)(b)1.f. f. An appropriate indicator of combustion gas velocity, measured and specified as prescribed in par. (f), unless documentation is provided under s. NR 670.066 demonstrating adequate combustion gas residence time.

NR 666.102(5)(b)1.g. g. Such other operating requirements as are necessary to ensure that the DRE performance standard of s. NR 666.104 (1) is met.

NR 666.102(5)(b)2. 2. ‘Carbon monoxide and hydrocarbon standards.’ The license shall incorporate a carbon monoxide (CO) limit and, as appropriate, a hydrocarbon (HC) limit as provided by s. NR 666.104 (2), (3), (4), (5) and (6). The license limits shall be specified as follows:

NR 666.102(5)(b)2.a. a. When complying with the CO standard of s. NR 666.104 (2) (a), the license limit is 100 ppmv.

NR 666.102(5)(b)2.b. b. When complying with the alternative CO standard under s. NR 666.104 (3), the license limit for CO is based on the trial burn and is established as the average over all valid runs of the highest hourly rolling average CO level of each run, and the license limit for HC is 20 ppmv (as defined in s. NR 666.104 (3) (a)), except as provided in s. NR 666.104 (6).

NR 666.102(5)(b)2.c. c. When complying with the alternative HC limit for industrial furnaces under s. NR 666.104 (6), the license limit for HC and CO is the baseline level when hazardous waste is not burned as specified by that subsection.

NR 666.102(5)(b)3. 3. ‘Startup and shutdown.’ During startup and shutdown of the boiler or industrial furnace, hazardous waste (except waste fed solely as an ingredient under the Tier I (or adjusted Tier I) feed rate screening limits for metals and chloride or chlorine, and except low risk waste exempt from the trial burn requirements under ss. NR 666.104 (1) (e), 666.105, 666.106 and 666.107) may not be fed into the device unless the device is operating within the conditions of operation specified in the license.

NR 666.102(5)(c) (c) Requirements to ensure conformance with the particulate standard.

NR 666.102(5)(c)1. 1. Except as provided in subds. 2. and 3., the license shall specify the following operating requirements to ensure conformance with the particulate standard specified in s. NR 666.105:

NR 666.102(5)(c)1.a. a. Total ash feed rate to the device from hazardous waste, other fuels and industrial furnace feedstocks, measured and specified as prescribed in par. (f).

NR 666.102(5)(c)1.b. b. Maximum device production rate when producing normal product expressed in appropriate units, and measured and specified as prescribed in par. (f).

NR 666.102(5)(c)1.c. c. Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system.

NR 666.102(5)(c)1.d. d. Allowable variation in boiler and industrial furnace system design including any air pollution control system or operating procedures.

NR 666.102(5)(c)1.e. e. Such other operating requirements as are necessary to ensure that the particulate standard in s. NR 666.111 (2) is met.

NR 666.102(5)(c)2. 2. License conditions to ensure conformance with the particulate matter standard may not be provided for facilities exempt from the particulate matter standard under s. NR 666.105 (2).

NR 666.102(5)(c)3. 3. For cement kilns and light-weight aggregate kilns, license conditions to ensure compliance with the particulate standard may not limit the ash content of hazardous waste or other feed materials.

NR 666.102(5)(d) (d) Requirements to ensure conformance with the metals emissions standard.

NR 666.102(5)(d)1. 1. For conformance with the Tier I (or adjusted Tier I) metals feed rate screening limits of s. NR 666.106 (2) or (5), the license shall specify the following operating requirements:

NR 666.102(5)(d)1.a. a. Total feed rate of each metal in hazardous waste, other fuels, and industrial furnace feedstocks measured and specified under provisions of par. (f).

NR 666.102(5)(d)1.b. b. Total feed rate of hazardous waste measured and specified as prescribed in par. (f).

NR 666.102(5)(d)1.c. c. A sampling and metals analysis program for the hazardous waste, other fuels and industrial furnace feedstocks.

NR 666.102(5)(d)2. 2. For conformance with the Tier II metals emission rate screening limits under s. NR 666.106 (3) and the Tier III metals controls under s. NR 666.106 (4), the license shall specify the following operating requirements:

NR 666.102(5)(d)2.a. a. Maximum emission rate for each metal specified as the average emission rate during the trial burn.

NR 666.102(5)(d)2.b. b. Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in par. (f) 1.

NR 666.102(5)(d)2.c. c. Feed rate of each metal in the following feedstreams, measured and specified as prescribed in par. (f):

1) Total feedstreams.

2) Total hazardous waste feed.

3) Total pumpable hazardous waste feed.

NR 666.102(5)(d)2.d. d. Total feed rate of chlorine and chloride in total feedstreams measured and specified as prescribed in par. (f).

NR 666.102(5)(d)2.e. e. Maximum combustion gas temperature measured at a location indicative of combustion chamber temperature, and measured and specified as prescribed in par. (f).

NR 666.102(5)(d)2.f. f. Maximum flue gas temperature at the inlet to the particulate matter air pollution control system measured and specified as prescribed in par. (f).

NR 666.102(5)(d)2.g. g. Maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in par. (f).

NR 666.102(5)(d)2.h. h. Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system.

NR 666.102(5)(d)2.i. i. Allowable variation in boiler and industrial furnace system design including any air pollution control system or operating procedures.

NR 666.102(5)(d)2.j. j. Such other operating requirements as are necessary to ensure that the metals standards under s. NR 666.106 (3) or (4) are met.

NR 666.102(5)(d)3. 3. For conformance with an alternative implementation approach approved by the department under s. NR 666.106 (6), the license shall specify all of the following operating requirements:

NR 666.102(5)(d)3.a. a. Maximum emission rate for each metal specified as the average emission rate during the trial burn.

NR 666.102(5)(d)3.b. b. Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in par. (f) 1.

NR 666.102(5)(d)3.c. c. Feed rate of each metal in the following feedstreams, measured and specified as prescribed in par. (f):

1) Total hazardous waste feed.

2) Total pumpable hazardous waste feed.

NR 666.102(5)(d)3.d. d. Total feed rate of chlorine and chloride in total feedstreams measured and specified prescribed in par. (f).

NR 666.102(5)(d)3.e. e. Maximum combustion gas temperature measured at a location indicative of combustion chamber temperature, and measured and specified as prescribed in par. (f).

NR 666.102(5)(d)3.f. f. Maximum flue gas temperature at the inlet to the particulate matter air pollution control system measured and specified as prescribed in par. (f).

NR 666.102(5)(d)3.g. g. Maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in par. (f).