NR 670.019
NR 670.019 Specific feasibility and plan of operation report information requirements for incinerators. Except as ss.
NR 664.0340 and
670.019 (5) provide otherwise, owners and operators of facilities that incinerate hazardous waste shall fulfill sub.
(1),
(2) or
(3).
NR 670.019(1)
(1) When seeking an exemption under s.
NR 664.0340 (2) or
(3) (ignitable, corrosive or reactive wastes only), one of the following must be provided:
NR 670.019(1)(a)
(a) Documentation that the waste is listed as a hazardous waste in subch.
D of ch. NR 661, solely because it is ignitable (hazard code I) or corrosive (hazard code C) or both.
NR 670.019(1)(b)
(b) Documentation that the waste is 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 listed 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 670.019(1)(c)
(c) Documentation that the waste is a hazardous waste solely because it possesses the characteristic of ignitability, corrosivity or both, as determined by the tests for characteristics of hazardous waste under subch.
C of ch. NR 661.
NR 670.019(1)(d)
(d) Documentation that the waste is a hazardous waste solely because it possesses the reactivity characteristics listed in s.
NR 661.0023 (1) (a),
(b),
(c),
(f),
(g) or
(h), and that it will not be burned when other hazardous wastes are present in the combustion zone.
NR 670.019(2)
(2) Submit a trial burn plan or the results of a trial burn, including all required determinations, according to s.
NR 670.062.
NR 670.019(3)
(3) In lieu of a trial burn, the applicant may submit all of the following information:
NR 670.019(3)(a)
(a) An analysis of each waste or mixture of wastes to be burned including all of the following:
NR 670.019(3)(a)1.
1. Heat value of the waste in the form and composition in which it will be burned.
NR 670.019(3)(a)2.
2. Viscosity (if applicable), or description of physical form of the waste.
NR 670.019(3)(a)3.
3. An identification of any hazardous organic constituents listed in ch.
NR 661 Appendix VIII, which are present in the waste to be burned, except that the applicant need not analyze for constituents listed in ch.
NR 661 Appendix VIII, which would reasonably not be expected to be found in the waste. Identify the constituents excluded from analysis and state the basis for their exclusion. The waste analysis shall rely on appropriate analytical methods.
NR 670.019(3)(a)4.
4. An approximate quantification of the hazardous constituents identified in the waste, within the precision produced by appropriate analytical methods.
NR 670.019(3)(a)5.
5. A quantification of those hazardous constituents in the waste which may be designated as POHC's based on data submitted from other trial or operational burns which demonstrate compliance with the performance standards in s.
NR 664.0343.
NR 670.019(3)(b)
(b) A detailed engineering description of the incinerator, including all of the following:
NR 670.019(3)(b)3.
3. Linear dimension of incinerator unit including cross sectional area of combustion chamber.
NR 670.019(3)(b)10.
10. Location and description of temperature, pressure and flow indicating devices and control devices.
NR 670.019(3)(c)
(c) A description and analysis of the waste to be burned compared with the waste for which data from operational or trial burns are provided to support the contention that a trial burn is not needed. The data shall include those items listed in par.
(a). This analysis shall specify the POHCs which the applicant has identified in the waste for which a license is sought, and any differences from the POHCs in the waste for which burn data are provided.
NR 670.019(3)(d)
(d) The design and operating conditions of the incinerator unit to be used, compared with that for which comparative burn data are available.
NR 670.019(3)(e)
(e) A description of the results submitted from any previously conducted trial burns including all of the following:
NR 670.019(3)(e)2.
2. Methods and results of monitoring temperatures, waste feed rates, carbon monoxide and an appropriate indicator of combustion gas velocity (including a statement concerning the precision and accuracy of this measurement).
NR 670.019(3)(f)9.
9. Proposed waste feed cut-off limits based on the identified significant operating parameters.
NR 670.019(3)(g)
(g) Supplemental information as the department finds necessary to achieve the purposes of this subsection.
NR 670.019(3)(h)
(h) Waste analysis data, including that submitted in sub.
(3) (a), sufficient to allow the department to specify in the license those principal organic hazardous constituents (license POHCs) for which destruction and removal efficiencies will be required.
NR 670.019(4)
(4) The department shall approve a license application without a trial burn if the department finds that all of the following apply:
NR 670.019(4)(b)
(b) The incinerator units are sufficiently similar, and the data from other trial burns are adequate to specify (under s.
NR 664.0345) operating conditions that will ensure that the performance standards in s.
NR 664.0343 will be met by the incinerator.
NR 670.019(5)
(5) When an owner or operator of a hazardous waste incineration unit becomes subject to hazardous waste licensing requirements after October 12, 2005, or when an owner or operator demonstrates compliance with the air emission standards and limitations in
40 CFR part 63, subpart EEE (for instance, by conducting a comprehensive performance test and submitting a notification of compliance under
40 CFR 63.1207 (j) and 63.1210 (d) documenting compliance with
40 CFR part 63, subpart EEE), the requirements of this section do not apply, except those provisions the department determines are necessary to ensure compliance with s.
NR 664.0345 (1) and
(3) if the owner or operator elects to comply with s.
NR 670.235 (1) (a) 1. to minimize emissions of toxic compounds from startup, shutdown and malfunction events. Nevertheless, the department may apply the rules in this section, on a case-by-case basis, for purposes of information collection according to ss.
NR 670.010 (11) and
670.032 (2) (b).
NR 670.019 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 16-007: am. (3) (a) 3., 4., (5)
Register July 2017 No. 739, eff. 8-1-17; correction in (5) made under s.
35.17, Stats.,
Register July 2017 No. 739;
CR 19-082: am. (1) (b), (d)
Register August 2020 No. 776, eff. 9-1-20
NR 670.021
NR 670.021 Specific feasibility and plan of operation report information requirements for landfills. Except as otherwise provided in s.
NR 664.0001, owners and operators of facilities that dispose of hazardous waste in landfills shall provide all of the following additional information:
NR 670.021(1)
(1) A list of the hazardous wastes placed or to be placed in each landfill or landfill cell.
NR 670.021(2)
(2) Detailed plans and an engineering report describing how the landfill is designed and is or will be constructed, operated and maintained to meet ss.
NR 664.0019,
664.0301,
664.0302 and
664.0303, addressing all of the following items:
NR 670.021(2)(a)1.1. The liner system (except for an existing portion of a landfill), if the landfill shall meet s.
NR 664.0301 (1). If an exemption from the requirement for a liner is sought as provided by s.
NR 664.0301 (2), submit detailed plans, and engineering and hydrogeological reports, as appropriate, describing alternate designs and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the groundwater or surface water at any future time.
NR 670.021(2)(a)2.
2. The double liner and leak (leachate) detection, collection and removal system, if the landfill shall meet s.
NR 664.0301 (3). If an exemption from the requirements for double liners and a leak detection, collection and removal system or alternative design is sought as provided by s.
NR 664.0301 (4),
(5) or
(6), submit appropriate information.
NR 670.021(2)(a)3.
3. If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system.
NR 670.021(2)(d)
(d) Management of collection and holding facilities associated with run-on and run-off control systems.
NR 670.021(2)(e)
(e) Control of wind dispersal of particulate matter, where applicable.
NR 670.021(3)
(3) A description of how each landfill, including the double liner system, leachate collection and removal system, leak detection system, cover system and appurtenances for control of run-on and run-off, will be inspected in order to meet s.
NR 664.0303 (1),
(2) and
(3). This information shall be included in the inspection plan submitted under s.
NR 670.014 (2) (e).
NR 670.021(4)
(4) A description of how each landfill, including the liner and cover systems, will be inspected in order to meet s.
NR 664.0303 (1) and
(2). This information shall be included in the inspection plan submitted under s.
NR 670.014 (2) (e).
NR 670.021(5)
(5) Detailed plans and an engineering report describing the final cover which will be applied to each landfill or landfill cell at closure according to s.
NR 664.0310 (1), and a description of how each landfill will be maintained and monitored after closure according to s.
NR 664.0310 (2). This information shall be included in the closure and long-term care plans submitted under s.
NR 670.014 (2) (m).
NR 670.021(6)
(6) If ignitable or reactive wastes will be landfilled, an explanation of how the standards of s.
NR 664.0312 will be complied with.
NR 670.021(7)
(7) If incompatible wastes, or incompatible wastes and materials will be landfilled, an explanation of how s.
NR 664.0313 will be complied with.
NR 670.021(8)
(8) If bulk or non-containerized liquid waste or wastes containing free liquids is to be landfilled prior to May 8, 1985, an explanation of how s.
NR 664.0314 (1) will be complied with.
NR 670.021(9)
(9) If containers of hazardous waste are to be landfilled, an explanation of how s.
NR 664.0315 or
664.0316, as applicable, will be complied with.
NR 670.021(10)
(10) A waste management plan for hazardous waste numbers F020, F021, F022, F023, F026 and F027 describing how a landfill is or will be designed, constructed, operated and maintained to meet s.
NR 664.0317. This submission shall address all of the following items specified in s.
NR 664.0317:
NR 670.021(10)(a)
(a) The volume, physical and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere.
NR 670.021(10)(b)
(b) The attenuative properties of underlying and surrounding soils or other materials.
NR 670.021(10)(c)
(c) The mobilizing properties of other materials co-disposed with these wastes.
NR 670.021(10)(d)
(d) The effectiveness of additional treatment, design or monitoring techniques.
NR 670.021 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 670.022
NR 670.022 Specific feasibility and plan of operation report information requirements for boilers and industrial furnaces burning hazardous waste. When an owner or operator of a cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler or hydrochloric acid production furnace becomes subject to hazardous waste licensing requirements after October 12, 2005, or when an owner or operator of an existing cement, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler or hydrochloric acid production furnace demonstrates compliance with the air emission standards and limitations in
40 CFR part 63, subpart EEE (for instance, by conducting a comprehensive performance test and submitting a notification of compliance under
40 CFR 63.1207(j) and 63.1210(d) documenting compliance with
40 CFR part 63, subpart EEE), the requirements of this section do not apply. The requirements of this section do apply, however, if the department determines certain provisions are necessary to ensure compliance with ss.
NR 666.102 (5) (a) and
(b) 3. if the owner or operator elects to comply with s.
NR 670.235 (1) (a) 1. to minimize emissions of toxic compounds from startup, shutdown and malfunction events; or if the facility is an area source and the owner or operator elects to comply with the ss.
NR 666.105,
666.106, and
666.107 standards and associated requirements for particulate matter, hydrogen chloride and chlorine gas and non-mercury metals; or the department determines certain provisions apply, on a case-by-case basis, for purposes of information collection according to ss.
NR 670.010 (11) and
(12) and
670.032 (2) (b) and
(c).
NR 670.022(1)(a)(a)
General. Except as provided below, owners and operators that are subject to the standards to control organic emissions provided by s.
NR 666.104, standards to control particulate matter provided by s.
NR 666.105, standards to control metals emissions provided by s.
NR 666.106, or standards to control hydrogen chloride or chlorine gas emissions provided by s.
NR 666.107 shall conduct a trial burn to demonstrate conformance with those standards and shall submit a trial burn plan or the results of a trial burn, including all required determinations, according to s.
NR 670.066.
NR 670.022(1)(a)2.
2. The owner or operator may submit data in lieu of a trial burn, as prescribed in par.
(f).
NR 670.022(1)(b)1.1. `Boilers operated under special operating requirements. ' When seeking to be licensed under ss.
NR 666.104 (1) (d) and
666.110 that automatically waive the DRE trial burn, the owner or operator of a boiler shall submit documentation that the boiler operates under the special operating requirements provided by s.
NR 666.110.
NR 670.022(1)(b)2.
2. `Boilers and industrial furnaces burning low risk waste. ' When seeking to be licensed under the provisions for low risk waste provided by ss.
NR 666.104 (1) (e) and s.
NR 666.109 (1) that waive the DRE trial burn, the owner or operator shall submit all of the following:
NR 670.022(1)(b)2.b.
b. Results of analyses of each waste to be burned, documenting the concentrations of nonmetal compounds listed in ch.
NR 661 Appendix VIII, except for those constituents that would reasonably not be expected to be in the waste. Identify the constituents excluded from analysis and explain the basis for their exclusion. The analysis shall rely on appropriate analytical techniques.
NR 670.022(1)(b)2.d.
d. Results of emissions dispersion modeling for emissions identified in subd.
2. c. using modeling procedures prescribed by s.
NR 666.106 (8). The department will review the emission modeling conducted by the applicant to determine conformance with these procedures. The department will either approve the modeling or determine that alternate or supplementary modeling is appropriate.
NR 670.022(1)(b)2.e.
e. Documentation that the maximum annual average ground level concentration of each constituent identified in subd.
2. b. quantified in conformance with subd.
2. d. does not exceed the allowable ambient level established in ch.
NR 666 Appendix IV or
V. The acceptable ambient concentration for emitted constituents for which a specific reference air concentration has not been established in ch.
NR 666 Appendix IV or risk specific dose has not been established in ch.
NR 666 Appendix V is 0.1 micrograms per cubic meter, as noted in the footnote to ch.
NR 666 Appendix IV.
NR 670.022(1)(c)
(c)
Waiver of trial burn for metals. When seeking to be licensed under the Tier I (or adjusted Tier I) metals feed rate screening limits provided by s.
NR 666.106 (2) and
(5) that control metals emissions without requiring a trial burn, the owner or operator shall submit all of the following:
NR 670.022(1)(c)1.
1. Documentation of the feed rate of hazardous waste, other fuels and industrial furnace feed stocks.
NR 670.022(1)(c)2.
2. Documentation of the concentration of each metal controlled by s.
NR 666.106 (2) or
(5) in the hazardous waste, other fuels and industrial furnace feedstocks, and calculations of the total feed rate of each metal.
