NR 666.103(1)(f)
(f) Restrictions on burning hazardous waste that is not a fuel. Prior to certification of compliance under sub.
(3), owners and operators may not feed hazardous waste that has a heating value less than 5,000 Btu/lb, as-generated, (except that the heating value of a waste as-generated may be increased to above the 5,000 Btu/lb limit by bona fide treatment; however, blending to augment the heating value to meet the 5,000 Btu/lb limit is prohibited and records shall be kept to document that impermissible blending has not occurred) in a boiler or industrial furnace, except that:
NR 666.103(1)(f)2.
2. Hazardous waste may be burned for purposes of compliance testing (or testing prior to compliance testing) for a total period of time not to exceed 720 hours.
NR 666.103(1)(f)3.
3. Such waste may be burned if the department has documentation to show that, prior to August 21, 1991, all of the following conditions were met:
NR 666.103(1)(f)3.a.
a. The boiler or industrial furnace was operating under the interim license standards for incinerators provided by subch.
O of ch. NR 665, or the interim license standards for thermal treatment units provided by subch.
P of ch. NR 665.
NR 666.103(1)(f)3.c.
c. Hazardous waste with a heating value less than 5,000 Btu/lb was burned prior to that date.
NR 666.103(1)(f)4.
4. Such waste may be burned in a halogen acid furnace if the waste was burned as an excluded ingredient under s.
NR 661.0002 (5) prior to February 21, 1991 and documentation is kept on file supporting this claim.
NR 666.103(1)(g)
(g) Direct transfer to the burner. If hazardous waste is directly transferred from a transport vehicle to a boiler or industrial furnace without the use of a storage unit, the owner and operator shall comply with s.
NR 666.111.
NR 666.103(2)(a)
(a)
General. The owner or operator shall provide complete and accurate information specified in par.
(b) to the department on or before August 21, 1991, and shall establish limits for the operating parameters specified in par.
(c). Such information is termed a “certification of precompliance" and constitutes a certification that the owner or operator has determined that, when the facility is operated within the limits specified in par.
(c), the owner or operator believes that, using best engineering judgment, emissions of particulate matter, metals, HCl and Cl
2 are not likely to exceed the limits provided by ss.
NR 666.105,
666.106 and
666.107. The facility may burn hazardous waste only under the operating conditions that the owner or operator establishes under par.
(c) until the owner or operator submits a revised certification of precompliance under par.
(h) or a certification of compliance under sub.
(3), or until a license is issued.
NR 666.103(2)(b)
(b) Information required. All of the following information shall be submitted with the certification of precompliance to support the determination that the limits established for the operating parameters identified in par.
(c) are not likely to result in an exceedance of the allowable emission rates for particulate matter, metals, HCl and Cl
2:
NR 666.103(2)(b)1.c.
c. Description of boilers and industrial furnaces burning hazardous waste, including type and capacity of device.
NR 666.103(2)(b)1.d.
d. A scaled plot plan showing the entire facility and location of the boilers and industrial furnaces burning hazardous waste.
NR 666.103(2)(b)1.e.
e. A description of the air pollution control system on each device burning hazardous waste, including the temperature of the flue gas at the inlet to the particulate matter control system.
NR 666.103(2)(b)2.
2. Except for facilities complying with the Tier I or adjusted Tier I feed rate screening limits for metals or total chlorine and chloride provided by ss.
NR 666.106 (2) or
(5) and
666.107 (2) (a) or
(5), respectively, the estimated uncontrolled (at the inlet to the air pollution control system) emissions of particulate matter, each metal controlled by s.
NR 666.106, and hydrogen chloride and chlorine, and all of the following information to support such determinations:
NR 666.103(2)(b)2.a.
a. The feed rate (lb/hr) of ash, chlorine, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver and thallium in each feedstream (hazardous waste, other fuels, industrial furnace feedstocks).
NR 666.103(2)(b)2.b.
b. The estimated partitioning factor to the combustion gas for the materials identified in subd.
2. a. and the basis for the estimate and an estimate of the partitioning to HCl and Cl
2 of total chloride and chlorine in feed materials. To estimate the partitioning factor, the owner or operator shall use either best engineering judgment or the procedures specified in ch.
NR 666 Appendix IX.
NR 666.103(2)(b)2.c.
c. For industrial furnaces that recycle collected particulate matter (PM) back into the furnace and that will certify compliance with the metals emissions standards under sub.
(3) (c) 2. a., the estimated enrichment factor for each metal. To estimate the enrichment factor, the owner or operator shall use either best engineering judgment or the procedures specified in “Alternative Methodology for Implementing Metals Controls" in ch.
NR 666 Appendix IX.
NR 666.103(2)(b)2.d.
d. If best engineering judgment is used to estimate partitioning factors or enrichment factors under subd.
2. b. or
c. respectively, the basis for the judgment. When best engineering judgment is used to develop or evaluate data or information and make determinations under this section, the determinations shall be made by a qualified, registered professional engineer and a certification of the engineer's determinations in accordance with s.
NR 670.011 (4) shall be provided in the certification of precompliance.
NR 666.103(2)(b)3.
3. For facilities complying with the Tier I or adjusted Tier I feed rate screening limits for metals or total chlorine and chloride provided by ss.
NR 666.106 (2) or
(5) and
666.107 (2) (a) or
(5), the feed rate (lb/hr) of total chloride and chlorine, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver and thallium in each feed stream (hazardous waste, other fuels, industrial furnace feedstocks).
NR 666.103(2)(b)4.
4. For facilities complying with the Tier II or Tier III emission limits for metals or HCl and Cl
2 (under ss.
NR 666.106 (3) or
(4) or
666.107 (2) (b) or
(3)), the estimated controlled (outlet of the air pollution control system) emissions rates of particulate matter, each metal controlled by s.
NR 666.106, and HCl and Cl
2, and the following information to support such determinations:
NR 666.103(2)(b)4.a.
a. The estimated air pollution control system (APCS) removal efficiency for particulate matter, HCl, Cl
2, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver and thallium.
NR 666.103(2)(b)4.c.
c. If best engineering judgment is used to estimate APCS removal efficiency, the basis for the judgment. Use of best engineering judgment shall be in conformance with provisions of subd.
2. d. NR 666.103(2)(b)5.
5. Determination of allowable emissions rates for HCl, Cl
2, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver and thallium, and the following information to support such determinations:
1) Physical stack height.
2) Good engineering practice stack height as defined by
40 CFR 51.100(ii).
3) Maximum flue gas flow rate.
4) Maximum flue gas temperature.
5) Attach a US geological service topographic map (or equivalent) showing the facility location and surrounding land within 5 km of the facility.
6) Identify terrain type: complex or noncomplex.
7) Identify land use: urban or rural.
1) Dispersion model and version used.
2) Source of meterological data.
3) The dilution factor in micrograms per cubic meter per gram per second of emissions for the maximum annual average off-site (unless on-site is required) ground level concentration (MEI location).
4) Indicate the MEI location on the map required under subd. 5. a. 5).
NR 666.103(2)(b)6.
6. For facilities complying with the Tier II or III emissions rate controls for metals or HCl and Cl
2, a comparison of the estimated controlled emissions rates determined under subd.
4. with the allowable emission rates determined under subd.
5. NR 666.103(2)(b)7.
7. For facilities complying with the Tier I (or adjusted Tier I) feed rate screening limits for metals or total chloride and chlorine, a comparison of actual feed rates of each metal and total chlorine and chloride determined under subd.
3. to the Tier I allowable feed rates.
NR 666.103(2)(b)8.
8. For industrial furnaces that feed hazardous waste for any purpose other than solely as an ingredient (as defined by sub.
(1) (e) 2.) at any location other than the product discharge end of the device, documentation of compliance with sub.
(1) (e) 1. a.,
b. and
c. NR 666.103(2)(b)9.
9. For industrial furnaces that recycle collected particulate matter (PM) back into the furnace and that will certify compliance with the metals emissions standards under sub.
(3) (c) 2. a., both of the following:
NR 666.103(2)(c)
(c) Limits on operating conditions. The owner and operator shall establish limits on the following parameters consistent with the determinations made under par.
(b) and certify (under provisions of par.
(i)) to the department that the facility will operate within the limits during interim license when there is hazardous waste in the unit until revised certification of precompliance under par.
(h) or certification of compliance under sub.
(3):
NR 666.103(2)(c)1.
1. Feed rate of total hazardous waste and (unless complying with the Tier I or adjusted Tier I metals feed rate screening limits under s.
NR 666.106 (2) or
(5)) pumpable hazardous waste.
NR 666.103(2)(c)2.a.
a. Total feed streams, except that industrial furnaces that comply with the alternative metals implementation approach under par.
(d) shall specify limits on the concentration of each metal in collected particulate matter in lieu of feed rate limits for total feedstreams.
NR 666.103(2)(c)4.
4. Total feed rate of ash in total feed streams, except that the ash feed rate for cement kilns and light-weight aggregate kilns is not limited.
NR 666.103(2)(c)5.
5. Maximum production rate of the device in appropriate units when producing normal product, unless complying with the Tier I or adjusted Tier I feed rate screening limits for chlorine under s.
NR 666.107 (2) (a) or
(5) and for all metals under s.
NR 666.106 (2) or
(5), and the uncontrolled particulate emissions do not exceed the standard under s.
NR 666.105.
NR 666.103(2)(d)
(d)
Operating requirements for furnaces that recycle PM. Owners and operators of furnaces that recycle collected particulate matter (PM) back into the furnace and that will certify compliance with the metals emissions controls under sub.
(3) (c) 2. a. shall comply with the special operating requirements provided in “Alternative Methodology for Implementing Metals Controls" in ch.
NR 666 Appendix IX.
NR 666.103(2)(e)1.1. `General requirements.' Limits on each of the parameters specified in par.
(c) (except for limits on metals concentrations in collected particulate matter (PM) for industrial furnaces that recycle collected PM) shall be established and continuously monitored under either of the following methods:
NR 666.103(2)(e)1.a.
a. A limit for a parameter may be established and continuously monitored and recorded on an instantaneous basis (i.e., the value that occurs at any time) not to be exceeded at any time.
NR 666.103(2)(e)1.b.
b. A limit for a parameter may be established and continuously monitored on an hourly rolling average basis defined as follows:
1) A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each 15 seconds, and computes and records the average value at least every 60 seconds.
2) An hourly rolling average is the arithmetic mean of the 60 most recent 1-minute average values recorded by the continuous monitoring system.
NR 666.103(2)(e)2.
2. `Rolling average limits for carcinogenic metals and lead.' Feed rate limits for the carcinogenic metals (arsenic, beryllium, cadmium and chromium) and lead may be established either on an hourly rolling average basis as prescribed by subd.
1. b. or on (up to) a 24 hour rolling average basis. If the owner or operator elects to use an averaging period from 2 to 24 hours:
NR 666.103(2)(e)2.a.
a. The feed rate of each metal shall be limited at any time to 10 times the feed rate that would be allowed on a hourly rolling average basis.
1) A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each 15 seconds, and computes and records the average value at least every 60 seconds.
2) The rolling average for the selected averaging period is defined as the arithmetic mean of one hour block averages for the averaging period. A one hour block average is the arithmetic mean of the one minute averages recorded during the 60-minute period beginning at one minute after the beginning of preceding clock hour.
NR 666.103(2)(e)3.
3. `Feed rate limits for metals, total chloride and chlorine, and ash.' Feed rate limits for metals, total chlorine and chloride, and ash are established and monitored by knowing the concentration of the substance (i.e., metals, chloride and chlorine, and ash) in each feedstream and the flow rate of the feedstream. To monitor the feed rate of these substances, the flow rate of each feedstream shall be monitored under the continuous monitoring requirements of subd.
1. and
2. NR 666.103(2)(f)
(f) Public notice requirements at precompliance. On or before August 21, 1991 the owner or operator shall submit a notice with the following information for publication in a major local newspaper of general circulation and send a copy of the notice to the appropriate units of state and local government. The owner and operator shall provide to the department with the certification of precompliance evidence of submitting the notice for publication. The notice, which shall be entitled “Notice of Certification of Precompliance with Hazardous Waste Burning Requirements of s.
NR 666.103 (2), Wis. Adm. Code", shall include all of the following:
NR 666.103(2)(f)1.
1. Name and address of the owner and operator of the facility as well as the location of the device burning hazardous waste.
NR 666.103(2)(f)2.
2. Date that the certification of precompliance is submitted to the department.
NR 666.103(2)(f)3.
3. Brief description of the regulatory process required to comply with the interim license requirements including required emissions testing to demonstrate conformance with emissions standards for organic compounds, particulate matter, metals, HCl and Cl
2.
NR 666.103(2)(f)4.
4. Types and quantities of hazardous waste burned including, but not limited to, source, whether solids or liquids, as well as an appropriate description of the waste.
NR 666.103(2)(f)5.
5. Type of device or devices in which the hazardous waste is burned including a physical description and maximum production rate of each device.
NR 666.103(2)(f)6.
6. Types and quantities of other fuels and industrial furnace feedstocks fed to each unit.
NR 666.103(2)(f)7.
7. Brief description of the basis for this certification of precompliance as specified in par.
(b).
NR 666.103(2)(f)8.
8. Locations where the record for the facility can be viewed and copied by interested parties. These records and locations shall at a minimum include both of the following:
NR 666.103(2)(f)8.a.
a. The administrative record kept by the department office where the supporting documentation was submitted or another location designated by the department.
NR 666.103(2)(f)8.b.
b. The BIF correspondence file kept at the facility site where the device is located. The correspondence file shall include all correspondence between the facility and the department, state and local regulatory officials, including copies of all certifications and notifications, such as the precompliance certification, precompliance public notice, notice of compliance testing, compliance test report, compliance certification, time extension requests and approvals or denials, enforcement notifications of violations, and copies of EPA and state site visit reports submitted to the owner or operator.
NR 666.103(2)(f)9.
9. Notification of the establishment of a facility mailing list whereby interested parties may notify the department that they wish to be placed on the mailing list to receive future information and notices about this facility.
NR 666.103(2)(f)10.
10. Location (mailing address) of the department bureau of waste management where further information can be obtained on department regulation of hazardous waste burning.
NR 666.103(2)(g)
(g)
Monitoring other operating parameters. When the monitoring systems for the operating parameters listed in sub.
(3) (a) 5. to
13. are installed and operating in conformance with vendor specifications or (for CO, HC and oxygen) specifications provided by ch.
NR 666 Appendix IX, as appropriate, the parameters shall be continuously monitored and records shall be maintained in the operating record.
NR 666.103(2)(h)
(h)
Revised certification of precompliance. The owner or operator may revise at any time the information and operating conditions documented under pars.
(b) and
(c) in the certification of precompliance by submitting a revised certification of precompliance under procedures provided by those paragraphs.
NR 666.103(2)(h)2.
2. The owner and operator shall operate the facility within the limits established for the operating parameters under par.
(c) until a revised certification is submitted under this paragraph or a certification of compliance is submitted under sub.
(3).
NR 666.103(2)(i)
(i)
Certification of precompliance statement. The owner or operator shall include the following signed statement with the certification of precompliance submitted to the department:
“I certify under penalty of law that this information was prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information and supporting documentation. Copies of all emissions tests, dispersion modeling results and other information used to determine conformance with s.
NR 666.103 (2) are available at the facility and can be obtained from the facility contact person listed above. Based on my inquiry of the person or persons who manages the facility, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
