NR 666.106(2)(g)
(g)
Criteria for facilities not eligible for screening limits. If any of the following criteria are met, the Tier I and Tier II screening limits do not apply. Owners and operators of such facilities shall comply with either the Tier III standards provided by sub.
(4) or with the adjusted Tier I feed rate screening limits provided by sub.
(5).
NR 666.106(2)(g)1.
1. The device is located in a narrow valley less than one kilometer wide.
NR 666.106(2)(g)2.
2. The device has a stack taller than 20 meters and is located such that the terrain rises to the physical height within one kilometer of the facility.
NR 666.106(2)(g)3.
3. The device has a stack taller than 20 meters and is located within 5 kilometers of a shoreline of a large body of water such as an ocean or large lake.
NR 666.106(2)(g)4.
4. The physical stack height of any stack is less than 2.5 times the height of any building within 5 building heights or 5 projected building widths of the stack and the distance from the stack to the closest boundary is within 5 building heights or 5 projected building widths of the associated building.
NR 666.106(2)(g)5.
5. The department determines that standards based on site-specific dispersion modeling are required.
NR 666.106(2)(h)
(h)
Implementation. The feed rate of metals in each feedstream shall be monitored to ensure that the feed rate screening limits are not exceeded.
NR 666.106(3)
(3)
Tier II emission rate screening limits. Emission rate screening limits are specified in ch.
NR 666 Appendix I as a function of terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility. Criteria for facilities that are not eligible to comply with the screening limits are provided in sub.
(2) (g).
NR 666.106(3)(a)
(a) Noncarcinogenic metals. The emission rates of antimony, barium, lead, mercury, thallium and silver may not exceed the screening limits specified in ch.
NR 666 Appendix I.
NR 666.106(3)(b)
(b) Carcinogenic metals. The emission rates of arsenic, cadmium, beryllium and chromium may not exceed values derived from the screening limits specified in ch.
NR 666 Appendix I. The emission rate of each of these metals is limited to a level such that the sum of the ratios of the actual emission rate to the emission rate screening limit specified in ch.
NR 666 Appendix I may not exceed 1.0, as provided by the following equation:
where:
n = number of carcinogenic metals
AER = actual emission rate for metal “i"
NR 666.106(3)(c)
(c) Implementation. The emission rate limits shall be implemented by limiting feed rates of the individual metals to levels during the trial burn (for new facilities or an interim license facility applying for a license) or the compliance test (for interim license facilities). The feed rate averaging periods are the same as provided by sub.
(2) (a) 1. and
2. and
(b) 2. The feed rate of metals in each feedstream shall be monitored to ensure that the feed rate limits for the feedstreams specified under s.
NR 666.102 or
666.103 are not exceeded.
NR 666.106(3)(d)
(d) Definitions and limitations. The definitions and limitations provided by sub.
(2) for the following terms also apply to the Tier II emission rate screening limits provided by this subsection: terrain-adjusted effective stack height, good engineering practice stack height, terrain type, land use and criteria for facilities not eligible to use the screening limits.
NR 666.106(3)(e)1.1. Owners and operators of facilities with more than one onsite stack from a boiler, industrial furnace, incinerator or other thermal treatment unit subject to controls on metals emissions under an operating license or interim license shall comply with the emissions screening limits for any such stacks assuming all hazardous waste is fed into the device with the worst-case stack based on dispersion characteristics.
NR 666.106(3)(e)3.
3. For each metal, the total emissions of the metal from those stacks may not exceed the screening limit for the worst-case stack.
NR 666.106(4)
(4)
Tier III and adjusted Tier I site-specific risk assessment. The requirements of this subsection apply to facilities complying with either the Tier III or adjusted Tier I controls, except where specified otherwise.
NR 666.106(4)(a)
(a) General. Conformance with the Tier III metals controls shall be demonstrated by emissions testing to determine the emission rate for each metal. In addition, conformance with either the Tier III or adjusted Tier I metals controls shall be demonstrated by air dispersion modeling to predict the maximum annual average off-site ground level concentration for each dispersion modeling to predict the maximum annual average off-site ground level concentration for each metal, and a demonstration that acceptable ambient levels are not exceeded.
NR 666.106(4)(b)
(b)
Acceptable ambient levels. Chapter
NR 666 Appendix IV and ch.
NR 666 Appendix V list the acceptable ambient levels for purposes of this rule. Reference air concentrations (RACs) are listed for the noncarcinogenic metals and 10
–5 risk-specific doses (RSDs) are listed for the carcinogenic metals. The RSD for a metal is the acceptable ambient level for that metal if only one of the 4 carcinogenic metals is emitted. If more than one carcinogenic metal is emitted, the acceptable ambient level for the carcinogenic metals is a fraction of the RSD as described in par.
(c).
NR 666.106(4)(c)
(c)
Carcinogenic metals. For the carcinogenic metals, arsenic, cadmium, beryllium and chromium, the sum of the ratios of the predicted maximum annual average off-site ground level concentrations (except that on-site concentrations shall be considered if a person resides on site) to the risk-specific dose (RSD) for all carcinogenic metals emitted may not exceed 1.0 as determined by the following equation:
where:
n = number of carcinogenic metals
NR 666.106(4)(d)
(d)
Noncarcinogenic metals. For the noncarcinogenic metals, the predicted maximum annual average off-site ground level concentration for each metal may not exceed the reference air concentration (RAC).
NR 666.106(4)(e)
(e)
Multiple stacks. Owners and operators of facilities with more than one on-site stack from a boiler, industrial furnace, incinerator or other thermal treatment unit subject to controls on metals emissions under an operating license or interim license shall conduct emissions testing (except that facilities complying with adjusted Tier I controls need not conduct emissions testing) and dispersion modeling to demonstrate that the aggregate emissions from all such on-site stacks do not result in an exceedance of the acceptable ambient levels.
NR 666.106(4)(f)
(f)
Implementation. Under Tier III, the metals controls shall be implemented by limiting feed rates of the individual metals to levels during the trial burn (for new facilities or an interim license facility applying for an operating license) or the compliance test (for interim license facilities). The feed rate averaging periods are the same as provided by sub.
(2) (a) 1. and
2. and
(b) 2. The feed rate of metals in each feedstream shall be monitored to ensure that the feed rate limits for the feedstreams specified under s.
NR 666.102 or
666.103 are not exceeded.
NR 666.106(5)
(5)
Adjusted Tier 1 feed rate screening limits. The owner or operator may adjust the feed rate screening limits provided by ch.
NR 666 Appendix I to account for site-specific dispersion modeling. Under this approach, the adjusted feed rate screening limit for a metal is determined by back-calculating from the acceptable ambient level provided by ch.
NR 666 Appendix IV and ch.
NR 666 Appendix V using dispersion modeling to determine the maximum allowable emission rate. This emission rate becomes the adjusted Tier I feed rate screening limit. The feed rate screening limits for carcinogenic metals are implemented as prescribed in sub.
(2) (b).
NR 666.106(6)(a)
(a) The department may approve on a case-by-case basis approaches to implement the Tier II or Tier III metals emission limits provided by sub.
(3) or
(4) alternative to monitoring the feed rate of metals in each feedstream.
NR 666.106(6)(b)1.
1. For each noncarcinogenic metal, by back-calculating from the RAC provided in ch.
NR 666 Appendix IV to determine the allowable emission rate for each metal using the dilution factor for the maximum annual average ground level concentration predicted by dispersion modeling in conformance with sub.
(8).
NR 666.106(6)(b)2.a.
a. Back-calculating from the RSD provided in ch.
NR 666 Appendix V to determine the allowable emission rate for each metal if that metal were the only carcinogenic metal emitted using the dilution factor for the maximum annual average ground level concentration predicted by dispersion modeling in conformance with sub.
(8).
NR 666.106(6)(b)2.b.
b. If more than one carcinogenic metal is emitted, selecting an emission limit for each carcinogenic metal not to exceed the emission rate determined by subd.
2. a. such that the sum for all carcinogenic metals of the ratios of the selected emission limit to the emission rate determined by subd.
2. a. does not exceed 1.0.
NR 666.106(7)(a)(a)
General. Emission testing for metals shall be conducted using Method 0060, Determinations of Metals in Stack Emissions, EPA SW-846, as incorporated by reference in s.
NR 660.11.
NR 666.106(7)(b)
(b) Hexavalent chromium. Emissions of chromium are assumed to be hexavalent chromium unless the owner or operator conducts emissions testing to determine hexavalent chromium emissions using procedures prescribed in Method 0061, Determination of Hexavalent Chromium Emissions from Stationary Sources, EPA SW-846, as incorporated by reference in s.
NR 660.11.
NR 666.106(8)
(8)
Dispersion Modeling. Dispersion modeling required under this section shall be conducted according to methods recommended in Appendix W of
40 CFR part 51 ("Guideline on Air Quality Models (Revised)" (1986) and its supplements, incorporated by reference in s.
NR 660.11), the “Hazardous Waste Combustion Air Quality Screening Procedure", provided in ch.
NR 666 Appendix IX , or in Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised, EPA-450/R-92-019, incorporated by reference in s.
NR 660.11, to predict the maximum annual average off-site ground level concentration. However, on-site concentrations shall be considered when a person resides on-site.
NR 666.106(9)
(9)
Enforcement
. For the purposes of license enforcement, compliance with the operating requirements specified in the license (under s.
NR 666.102) shall be regarded as compliance with this section. However, evidence that compliance with those license conditions is insufficient to ensure compliance with this section may be information justifying modification or revocation and re-issuance of a license under s.
NR 670.041.
NR 666.106 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06; corrections in (2) (intro.), (a), (b) 1., (c), (e), (3) (intro.), (a), (b), (4) (b), (5), (6) (b) 1., 2. a., (8) made under s.
13.92 (4) (b) 7., Stats.,
Register March 2013 No. 687;
CR 16-007: am. (1)
Register July 2017 No. 739, eff. 8-1-17.
NR 666.107
NR 666.107 Standards to control hydrogen chloride (HCl) and chlorine gas (Cl2) emissions. NR 666.107(1)(1)
General. The owner or operator shall comply with the hydrogen chloride (HCl) and chlorine (Cl
2) controls provided by sub.
(2),
(3) or
(5).
NR 666.107(2)(a)(a)
Tier I feed rate screening limits. Feed rate screening limits are specified for total chlorine in ch.
NR 666 Appendix II as a function of terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility. The feed rate of total chlorine and chloride, both organic and inorganic, in all feed streams, including hazardous waste, fuels and industrial furnace feed stocks may not exceed the levels specified.
NR 666.107(2)(b)
(b) Tier II emission rate screening limits. Emission rate screening limits for HCl and Cl
2 are specified in ch.
NR 666 Appendix III as a function of terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility. The stack emission rates of HCl and Cl
2 may not exceed the levels specified.
NR 666.107(2)(c)
(c) Definitions and limitations. The definitions and limitations provided by s.
NR 666.106 (2) for the following terms also apply to the screening limits provided by this subsection: terrain-adjusted effective stack height, good engineering practice stack height, terrain type, land use and criteria for facilities not eligible to use the screening limits.
NR 666.107(2)(d)
(d) Multiple stacks. Owners and operators of facilities with more than one on-site stack from a boiler, industrial furnace, incinerator or other thermal treatment unit subject to controls on HCl or Cl
2 emissions under an operating license or interim license shall comply with the Tier I and Tier II screening limits for those stacks assuming all hazardous waste is fed into the device with the worst-case stack based on dispersion characteristics.
NR 666.107(2)(d)2.
2. Under Tier I, the total feed rate of chlorine and chloride to all subject devices may not exceed the screening limit for the worst-case stack.
NR 666.107(2)(d)3.
3. Under Tier II, the total emissions of HCl and Cl
2 from all subject stacks may not exceed the screening limit for the worst-case stack.
NR 666.107(3)(a)
(a)
General. Conformance with the Tier III controls shall be demonstrated by emissions testing to determine the emission rate for HCl and Cl
2, air dispersion modeling to predict the maximum annual average off-site ground level concentration for each compound, and a demonstration that acceptable ambient levels are not exceeded.
NR 666.107(3)(b)
(b)
Acceptable ambient levels. Chapter. NR 666 Appendix IV lists the reference air concentrations (RACs) for HCl (7 micrograms per cubic meter) and Cl
2 (0.4 micrograms per cubic meter).
NR 666.107(3)(c)
(c)
Multiple stacks. Owners and operators of facilities with more than one on-site stack from a boiler, industrial furnace, incinerator or other thermal treatment unit subject to controls on HCl or Cl
2 emissions under an operating license or interim license shall conduct emissions testing and dispersion modeling to demonstrate that the aggregate emissions from all such on-site stacks do not result in an exceedance of the acceptable ambient levels for HCl and Cl
2.
NR 666.107(4)
(4)
Averaging periods. The HCl and Cl
2 controls are implemented by limiting the feed rate of total chlorine and chloride in all feedstreams, including hazardous waste, fuels and industrial furnace feed stocks. Under Tier I, the feed rate of total chloride and chlorine is limited to the Tier I screening limits. Under Tier II and Tier III, the feed rate of total chloride and chlorine is limited to the feed rates during the trial burn (for new facilities or an interim license facility applying for a license) or the compliance test (for interim license facilities). The feed rate limits are based on either of the following:
NR 666.107(5)
(5)
Adjusted Tier I feed rate screening limits. The owner or operator may adjust the feed rate screening limit provided by ch.
NR 666 Appendix II to account for site-specific dispersion modeling. Under this approach, the adjusted feed rate screening limit is determined by back-calculating from the acceptable ambient level for Cl
2 provided by ch.
NR 666 Appendix IV using dispersion modeling to determine the maximum allowable emission rate. This emission rate becomes the adjusted Tier I feed rate screening limit.
NR 666.107(6)
(6)
Emissions testing. Emissions testing for HCl and Cl
2 shall be conducted using the procedures described in Methods 0050 or 0051, EPA SW-846, as incorporated by reference in s.
NR 660.11.
NR 666.107(8)
(8)
Enforcement
. For the purposes of license enforcement, compliance with the operating requirements specified in the license (under s.
NR 666.102) shall be regarded as compliance with this section. However, evidence that compliance with those license conditions is insufficient to ensure compliance with this section may be information justifying modification or revocation and re-issuance of a license under s.
NR 670.041.
NR 666.107 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06; corrections in (2) (a), (b), (3) (b), (5) made under s.
13.92 (4) (b) 7., Stats.,
Register March 2013 No. 687.
NR 666.108
NR 666.108 Small quantity on-site burner exemption. NR 666.108(1)(1)
Exempt quantities. Owners and operators of facilities that burn hazardous waste in a non-site boiler or industrial furnace are exempt from this subchapter if all of the following conditions are met:
NR 666.108(1)(a)
(a) The quantity of hazardous waste burned in a device for a calendar month does not exceed the limits provided in the following table based on the terrain-adjusted effective stack height as defined in s.
NR 666.106 (2) (c). -
See PDF for table 
NR 666.108(1)(b)
(b) The maximum hazardous waste firing rate does not exceed at any time one percent of the total fuel requirements for the device (hazardous waste plus other fuel) on a total heat input or mass input basis, whichever results in the lower mass feed rate of hazardous waste.
NR 666.108(1)(c)
(c) The hazardous waste has a minimum heating value of 5,000 Btu/lb, as generated.
NR 666.108(1)(d)
(d) The hazardous waste fuel does not contain (and is not derived from) EPA hazardous waste numbers F020, F021, F022, F023, F026 or F027.
NR 666.108(2)
(2)
Mixing with nonhazardous fuels. If hazardous waste fuel is mixed with a nonhazardous fuel, the quantity of hazardous waste before such mixing is used to comply with sub.
(1).
NR 666.108(3)
(3)
Multiple stacks. If an owner or operator burns hazardous waste in more than one on-site boiler or industrial furnace exempt under this section, the quantity limits provided by sub.
(1) (a) are implemented according to the following equation:
where:
n means the number of stacks.
Actual Quantity Burned means the waste quantity burned per month in device “i".
Allowable Quantity Burned means the maximum allowable exempt quantity for stack “i" from the table in sub. (1) (a).
NR 666.108 Note
Note: Hazardous wastes that are subject to the special requirements for small quantity generators under ss.
NR 662.013 and
662.016 may be burned in an off-site device under the exemption provided by this section, but shall be included in the quantity determination for the exemption.
NR 666.108(4)
(4)
Notification requirements. The owner or operator of facilities qualifying for the small quantity burner exemption under this section shall provide a one-time signed, written notice to the department indicating all of the following:
NR 666.108(4)(a)
(a) The combustion unit is operating as a small quantity burner of hazardous waste.
NR 666.108(4)(b)
(b) The owner and operator are in compliance with this section.
NR 666.108(4)(c)
(c) The maximum quantity of hazardous waste that the facility may burn per month as provided by sub.
(1) (a).
NR 666.108(5)
(5)
Recordkeeping requirements. The owner or operator shall maintain at the facility for at least 3 years sufficient records documenting compliance with the hazardous waste quantity, firing rate and heating value limits of this section. At a minimum, these records shall indicate the quantity of hazardous waste and other fuel burned in each unit per calendar month, and the heating value of the hazardous waste.
NR 666.108 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 666.109(1)(1)
Waiver of DRE standard. The DRE standard of s.
NR 666.104 (1) does not apply if the boiler or industrial furnace is operated in conformance with par.
(a) and the owner or operator demonstrates by procedures prescribed in par.
(b) that the burning will not result in unacceptable adverse health effects.
