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. NR 664.0550 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0551NR 664.0551 Grandfathered corrective action management units (CAMUs). NR 664.0551(1)(1) To implement remedies under s. NR 664.0101, s. 291.37, Stats., or 42 USC 6928 (h) or to implement remedies at a licensed facility that is not subject to s. NR 664.0101, the department may designate an area at the facility as a corrective action management unit under the requirements in this section. In this section, “corrective action management unit” or “CAMU” means an area within a facility that is used only for managing remediation wastes for implementing corrective action or cleanup at the facility. A CAMU shall be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the CAMU originated. One or more CAMUs may be designated at a facility. NR 664.0551(1)(a)(a) Placement of remediation wastes into or within a CAMU does not constitute land disposal of hazardous wastes. NR 664.0551(1)(b)(b) Consolidation or placement of remediation wastes into or within a CAMU does not constitute creation of a unit subject to minimum technology requirements. NR 664.0551(2)(a)(a) The department may designate a regulated unit (as defined in s. NR 664.0090 (1) (b)) as a CAMU, or may incorporate a regulated unit into a CAMU, if all of the following apply: NR 664.0551(2)(a)2.2. Inclusion of the regulated unit will enhance implementation of effective, protective and reliable remedial actions for the facility. NR 664.0551(2)(b)(b) The subchs. F, G and H requirements and the unit-specific requirements of this chapter or ch. NR 665 that applied to that regulated unit will continue to apply to that portion of the CAMU after incorporation into the CAMU. NR 664.0551(3)(3) The department shall designate a CAMU in accordance with all of the following: NR 664.0551(3)(a)(a) The CAMU shall facilitate the implementation of reliable, effective, protective and cost-effective remedies. NR 664.0551(3)(b)(b) Waste management activities associated with the CAMU may not create unacceptable risks to humans or to the environment resulting from exposure to hazardous wastes or hazardous constituents. NR 664.0551(3)(c)(c) The CAMU shall include uncontaminated areas of the facility, only if including the areas for the purpose of managing remediation waste is more protective than management of the wastes at contaminated areas of the facility. NR 664.0551(3)(d)(d) Areas within the CAMU, where wastes remain in place after closure of the CAMU, shall be managed and contained so as to minimize future releases, to the extent practicable. NR 664.0551(3)(e)(e) The CAMU shall expedite the timing of remedial activity implementation, when appropriate and practicable. NR 664.0551(3)(f)(f) The CAMU shall enable the use, when appropriate, of treatment technologies (including innovative technologies) to enhance the long-term effectiveness of remedial actions by reducing the toxicity, mobility or volume of wastes that will remain in place after closure of the CAMU. NR 664.0551(3)(g)(g) The CAMU shall, to the extent practicable, minimize the land area of the facility upon which wastes will remain in place after closure of the CAMU. NR 664.0551(4)(4) The owner or operator shall provide sufficient information to enable the department to designate a CAMU in accordance with the criteria in s. NR 664.0552. NR 664.0551(5)(5) The department shall specify, in the license or order, requirements for CAMUs to include all of the following: NR 664.0551(5)(b)(b) Requirements for remediation waste management to include the specification of applicable design, operation and closure requirements. NR 664.0551(5)(c)(c) Requirements for groundwater monitoring that are sufficient to do all of the following: NR 664.0551(5)(c)1.1. Continue to detect and to characterize the nature, extent, concentration, direction and movement of existing releases of hazardous constituents in groundwater from sources located within the CAMU. NR 664.0551(5)(c)2.2. Detect and subsequently characterize releases of hazardous constituents to groundwater that may occur from areas of the CAMU in which wastes will remain in place after closure of the CAMU. NR 664.0551(5)(d)1.1. Closure of corrective action management units shall do all of the following: NR 664.0551(5)(d)1.b.b. Control, minimize or eliminate, to the extent necessary to protect human health and the environment, for areas where wastes remain in place, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff or hazardous waste decomposition products to the ground, to surface waters or to the atmosphere. NR 664.0551(5)(d)2.2. Requirements for closure of CAMUs shall include the following, as appropriate and as deemed necessary by the department for a given CAMU: NR 664.0551(5)(d)2.b.b. For areas in which wastes will remain after closure of the CAMU, requirements for capping of the areas. NR 664.0551(5)(d)2.c.c. Requirements for removal and decontamination of equipment, devices and structures used in remediation waste management activities within the CAMU. NR 664.0551(5)(d)3.e.e. Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential or actual releases. NR 664.0551(5)(d)3.f.f. Potential for exposure of humans and environmental receptors if releases were to occur from the CAMU. NR 664.0551(5)(d)4.4. Long-term care requirements as necessary to protect human health and the environment, to include, for areas where wastes will remain in place, monitoring and maintenance activities and the frequency with which the activities shall be performed to ensure the integrity of any cap, final cover or other containment system. NR 664.0551(6)(6) The department shall document the rationale for designating CAMUs and shall make the documentation available to the public. NR 664.0551(7)(7) Incorporation of a CAMU into an existing license shall be approved by the department according to the procedures for department-initiated license modifications under s. NR 670.041, or according to the license modification procedures of s. NR 670.042. NR 664.0551(8)(8) The designation of a CAMU does not change the department’s existing authority to address clean-up levels, media-specific points of compliance to be applied to remediation at a facility or other remedy selection decisions. NR 664.0551 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) Register August 2020 No 776, eff. 9-1-20.
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