NR 664.0340(2)(a)(a) Except as provided by pars. (b) to (d), the standards of this subchapter do not apply to a new hazardous waste incineration unit that becomes subject to hazardous waste license requirements after October 12, 2005, and no longer apply when an owner or operator of an existing hazardous waste incineration unit 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. Nevertheless, even after this demonstration of compliance with the MACT standards, hazardous waste license conditions that were based on the standards of this chapter will continue to be in effect until the department removes them from the license or denies, suspends or revokes the license, unless the license expressly provides otherwise. NR 664.0340(2)(d)(d) All of the following requirements remain in effect for startup, shutdown and malfunction events if the owner or operator elects to comply with s. NR 670.235 (1) (a) 1. to minimize emissions of toxic compounds from these events: NR 664.0340(2)(d)2.2. Section NR 664.0345 (3) requiring compliance with the emission standards and operating requirements during startup and shutdown if hazardous waste is in the combustion chamber, except for particular hazardous wastes. NR 664.0340(3)(3) After consideration of the waste analysis included with the feasibility and plan of operation report, the department, in establishing the license conditions, shall exempt the applicant from this subchapter except ss. NR 664.0341 and 664.0351, if all of the following conditions are met: NR 664.0340(3)(a)(a) The department finds that the waste to be burned is one of the following: NR 664.0340(3)(a)2.2. 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 664.0340(3)(a)3.3. A hazardous waste solely because it possesses the characteristic of ignitability, corrosivity or both, as determined by the test for characteristics of hazardous wastes under subch. C of ch. NR 661. NR 664.0340(3)(b)(b) The waste analysis shows that the waste contains none of the hazardous constituents in ch. NR 661 Appendix VIII, which would reasonably be expected to be in the waste. NR 664.0340(4)(4) If the waste to be burned is one which is described by sub. (3) (a) 1., 2., 3. or 4. and contains insignificant concentrations of the hazardous constituents in ch. NR 661 Appendix VIII, then the department may, in establishing license conditions, exempt the applicant from all requirements of this subchapter, except ss. NR 664.0341 and 664.0351, after consideration of the waste analysis included with the feasibility and plan of operation report, unless the department finds that the waste will pose a threat to human health and the environment when burned in an incinerator. NR 664.0340 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register March 2013; CR 16-007: am. (2) (a), cr. (2) (e) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (2) (a), (c), r. (2) (e), am. (3) (a) 2., 4. Register August 2020 No 776, eff. 9-1-20; correction in (2) (a), (c), (3) (a) 2. made under s. 35.17, Stats., Register August 2020 No 776. NR 664.0341(1)(1) As a portion of the trial burn plan required by s. NR 670.062, or with the feasibility and plan of operation report, the owner or operator shall have included an analysis of the waste feed sufficient to provide all information required by s. NR 670.062 (2) or 670.019. Owners or operators of new hazardous waste incinerators shall provide the information required by s. NR 670.062 (3) or 670.019 to the greatest extent possible. NR 664.0341(2)(2) Throughout normal operation the owner or operator shall conduct sufficient waste analysis to verify that waste feed to the incinerator is within the physical and chemical composition limits specified in the owner or operator’s license (under s. NR 664.0345 (2)). NR 664.0341 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0342NR 664.0342 Principal organic hazardous constituents (POHCs). NR 664.0342(1)(1) The owner or operator shall treat principal organic hazardous constituents (POHCs) in the waste feed to the extent required by the performance standard of s. NR 664.0343. NR 664.0342(2)(a)(a) The department will specify one or more POHCs in the facility’s license, from among those constituents in ch. NR 661 Appendix VIII, for each waste feed to be burned. The department will base this specification on the degree of difficulty of incineration of the organic constituents in the waste and on their concentration or mass in the waste feed, considering the results of waste analyses and trial burns or alternative data submitted with the feasibility and plan of operation report. Organic constituents which represent the greatest degree of difficulty of incineration will be those most likely to be designated as POHCs. Constituents are more likely to be designated as POHCs if they are present in large quantities or concentrations in the waste. NR 664.0342(2)(b)(b) The department will designate trial POHCs for performance of trial burns according to the procedure in s. NR 670.062 for obtaining trial burn plan approvals. NR 664.0342 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0343NR 664.0343 Performance standards. The owner or operator shall design, construct and maintain an incinerator burning hazardous waste so that, when operated according to operating requirements specified under s. NR 664.0345, it will meet all of the following performance standards: NR 664.0343(1)(a)(a) Except as provided in par. (b), an incinerator burning hazardous waste shall achieve a destruction and removal efficiency (DRE) of 99.99% for each principal organic hazardous constituent (POHC) designated (under s. NR 664.0342) in its license for each waste feed. Determine the DRE for each POHC using the following equation: where:
Win = mass feed rate of one principal organic hazardous constituent (POHC) in the waste stream feeding the incinerator
Wout = mass emission rate of the same POHC present in exhaust emissions prior to release to the atmosphere
NR 664.0343(1)(b)(b) An incinerator burning hazardous wastes F020, F021, F022, F023, F026 or F027 shall achieve a destruction and removal efficiency (DRE) of 99.9999% for each principal organic hazardous constituent (POHC) designated (under s. NR 664.0342) in its license. The owner or operator shall demonstrate this performance on POHCs that are more difficult to incinerate than tetra-, penta- and hexachlorodibenzo-p-dioxins and dibenzofurans. The owner or operator shall determine the DRE for each POHC using the equation in par. (a). NR 664.0343(2)(2) An incinerator burning hazardous waste and producing stack emissions of more than 1.8 kilograms per hour (4 pounds per hour) of hydrogen chloride (HCl) shall control HCl emissions such that the rate of emission is no greater than the larger of either 1.8 kilograms per hour or 1% of the HCl in the stack gas prior to entering any pollution control equipment. NR 664.0343(3)(3) An incinerator burning hazardous waste may not emit particulate matter in excess of 180 milligrams per dry standard cubic meter (0.08 grains per dry standard cubic foot) when corrected for the amount of oxygen in the stack gas according to the formula: where:
Pc = corrected concentration of particulate matter
Pm = measured concentration of particulate matter
Y = measured concentration of oxygen in the stack gas, using the Orsat method for oxygen analysis of dry flue gas, presented in Method 3 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11 All hazardous waste incinerators except those operating under conditions of oxygen enrichment shall use this correction procedure. For incinerators operating under conditions of oxygen enrichment, the department will select an appropriate correction procedure and specify it in the facility license.
NR 664.0343(4)(4) For purposes of license enforcement, compliance with the operating requirements specified in the license (under s. NR 664.0345) is compliance with this section. However, evidence that compliance with those license conditions is insufficient to ensure compliance with the performance requirements of this section may be “information” justifying modification, revocation or reissuance of a license under s. NR 670.041. NR 664.0343 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) (b) Register July 2017 No. 739, eff. 8-1-17. NR 664.0344NR 664.0344 Hazardous waste incinerator licenses. NR 664.0344(1)(1) The owner or operator of a hazardous waste incinerator may burn only wastes specified in the owner or operator’s license and only under operating conditions specified for those wastes under s. NR 664.0345, except in any of the following circumstances: NR 664.0344(2)(2) Other hazardous wastes may be burned only after the department has specified operating conditions in a new license or a license modification as applicable. The department may base operating requirements for new wastes on either trial burn results or alternative data included with the feasibility and plan of operation report under s. NR 670.019. NR 664.0344(3)(3) The license for a new hazardous waste incinerator shall establish appropriate conditions for each of the applicable requirements of this subchapter, including but not limited to allowable waste feeds and operating conditions necessary to meet s. NR 664.0345, sufficient to comply with all of the following standards: NR 664.0344(3)(a)(a) For the period beginning with initial introduction of hazardous waste to the incinerator and ending with initiation of the trial burn, and only for the minimum time required to establish operating conditions required in par. (b), not to exceed a duration of 720 hours operating time for treatment of hazardous waste, the operating requirements shall be those most likely to ensure compliance with the performance standards of s. NR 664.0343, based on the department’s engineering judgment. The department may extend the duration of this period once for up to 720 additional hours when the applicant demonstrates good cause for the extension. NR 664.0344(3)(b)(b) For the duration of the trial burn, the operating requirements shall be sufficient to demonstrate compliance with the performance standards of s. NR 664.0343 and shall be according to the approved trial burn plan. NR 664.0344(3)(c)(c) For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation and submission of the trial burn results by the applicant, and review of the trial burn results and modification of the facility license by the department, the operating requirements shall be those most likely to ensure compliance with the performance standards of s. NR 664.0343, based on the department’s engineering judgment. NR 664.0344(3)(d)(d) 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 670.019 (3), as sufficient to ensure compliance with the performance standards of s. NR 664.0343. NR 664.0344 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0345(1)(1) The owner or operator shall operate an incinerator according to the operating requirements in the license. The department will specify these on a case-by-case basis as those demonstrated (in a trial burn or in alternative data as specified in s. NR 664.0344 (2) and included with the feasibility and plan of operation report) to be sufficient to comply with the performance standards of s. NR 664.0343. NR 664.0345(2)(2) Each set of operating requirements will specify the composition of the waste feed (including acceptable variations in the physical or chemical properties of the waste feed which will not affect compliance with the performance requirement of s. NR 664.0343) to which the operating requirements apply. For each waste feed to which the operating requirements apply, the license will specify acceptable operating limits including all of the following conditions: NR 664.0345(2)(e)(e) Allowable variations in incinerator system design or operating procedures. NR 664.0345(3)(3) During start-up and shut-down of an incinerator, the owner or operator shall not feed hazardous waste (except wastes exempted according to s. NR 664.0340) into the incinerator unless the incinerator is operating within the conditions of operation (temperature, air feed rate, etc.) specified in the license. NR 664.0345(4)(4) The owner or operator shall control fugitive emissions from the combustion zone by one of the following: NR 664.0345(4)(a)(a) Keeping the combustion zone totally sealed against fugitive emissions. NR 664.0345(4)(b)(b) Maintaining a combustion zone pressure lower than atmospheric pressure. NR 664.0345(4)(c)(c) An alternate means of control demonstrated (with the feasibility and plan of operation report) to provide fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure. NR 664.0345(5)(5) The owner or operator shall operate an incinerator with a functioning system to automatically cut off waste feed to the incinerator when operating conditions deviate from limits established under sub. (1). NR 664.0345(6)(6) The owner or operator shall cease operation of an incinerator when changes in waste feed, incinerator design or operating conditions exceed limits designated in its license. NR 664.0345 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0347(1)(1) The owner or operator shall conduct, as a minimum, all of the following monitoring while incinerating hazardous waste: NR 664.0347(1)(a)(a) Monitor combustion temperature, waste feed rate and the indicator of combustion gas velocity specified in the facility license on a continuous basis. NR 664.0347(1)(b)(b) Monitor CO on a continuous basis at a point in the incinerator downstream of the combustion zone and prior to release to the atmosphere. NR 664.0347(1)(c)(c) Upon request by the department, sample and analyze the waste and exhaust emissions to verify that the operating requirements established in the license achieve the performance standards of s. NR 664.0343. NR 664.0347(2)(2) The owner or operator shall subject the incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) to thorough visual inspection, at least daily, for leaks, spills, fugitive emissions and signs of tampering. NR 664.0347(3)(3) The owner or operator shall test the emergency waste feed cutoff system and associated alarms at least weekly to verify operability, unless the applicant demonstrates to the department that weekly inspections will unduly restrict or upset operations and that less frequent inspection will be adequate. At a minimum, the owner or operator shall conduct operational testing at least monthly. NR 664.0347(4)(4) The owner or operator shall record this monitoring and inspection data and place the records in the operating log required by s. NR 664.0073 and maintain it in the operating record for a minimum of 5 years. NR 664.0347 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (4) Register July 2017 No. 739, eff. 8-1-17. NR 664.0351NR 664.0351 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 site. NR 664.0351 NoteNote: 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 incinerator is not hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it according to the applicable requirements of chs. NR 662 to 666. NR 664.0351 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0550NR 664.0550 Applicability of corrective action management unit (CAMU) rules. NR 664.0550(2)(2) CAMUs that were approved before April 22, 2002, or for which substantially complete applications (or equivalents) were submitted to the department on or before November 20, 2000, are subject to the requirements in s. NR 664.0551 for grandfathered CAMUs; CAMU waste, activities and design will not be subject to the standards in s. NR 664.0552, so long as the waste, activities and design remain within the general scope of the CAMU as approved.
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