NR 666.103(1)(a)1.1. The purpose of this section is to establish minimum national standards for owners and operators of “existing” boilers and industrial furnaces that burn hazardous waste where such standards define the acceptable management of hazardous waste during the period of interim license. The standards of this section apply to owners and operators of existing facilities until either a license is issued under s. NR 666.102 (4) or until closure responsibilities identified in this section are fulfilled. NR 666.103(1)(a)2.2. “Existing” or “in existence” means a boiler or industrial furnace that on or before August 21, 1991 is either in operation burning or processing hazardous waste or for which construction (including the ancillary facilities to burn or to process the hazardous waste) has commenced. A facility has commenced construction if the owner or operator has obtained the federal, state and local approvals or licenses necessary to begin physical construction; and one of the following applies: NR 666.103(1)(a)2.b.b. The owner or operator has entered into contractual obligations—which cannot be canceled or modified without substantial loss—for physical construction of the facility to be completed within a reasonable time. NR 666.103(1)(a)3.3. If a boiler or industrial furnace is located at a facility that already has a license or interim license, then the facility shall comply with the applicable regulations dealing with license modifications in s. NR 670.042 or changes in interim license in s. NR 670.072. NR 666.103(1)(c)(c) Prohibition on burning dioxin-listed wastes. The following hazardous waste listed for dioxin and hazardous waste derived from any of these wastes may not be burned in a boiler or industrial furnace operating under an interim license: F020, F021, F022, F023, F026 and F027. NR 666.103(1)(d)(d) Applicability of ch. NR 665 standards. Owners and operators of boilers and industrial furnaces that burn hazardous waste and are operating under an interim license are subject to all of the following provisions of ch. NR 665, except as provided otherwise by this section: NR 666.103(1)(e)(e) Special requirements for furnaces. The following controls apply during an interim license to industrial furnaces (e.g., kilns, cupolas) that feed hazardous waste for a purpose other than solely as an ingredient (see subd. 2.) at any location other than the hot end where products are normally discharged or where fuels are normally fired: NR 666.103(1)(e)1.a.a. The hazardous waste shall be fed at a location where combustion gas temperatures are at least 1800 °F. NR 666.103(1)(e)1.b.b. The owner or operator shall determine that adequate oxygen is present in combustion gases to combust organic constituents in the waste and retain documentation of such determination in the facility record. NR 666.103(1)(e)2.2. ‘Burning hazardous waste solely as an ingredient.’ A hazardous waste is burned for a purpose other than solely as an ingredient if it meets one of these criteria: NR 666.103(1)(e)2.a.a. The hazardous waste has a total concentration of nonmetal compounds listed in ch. NR 661 Appendix VIII, exceeding 500 ppm by weight, as-fired, and so is considered to be burned for destruction. The concentration of nonmetal compounds in a waste as-generated may be reduced to the 500 ppm limit by bona fide treatment that removes or destroys nonmetal constituents. Blending for dilution to meet the 500 ppm limit is prohibited and documentation that the waste has not been impermissibly diluted shall be retained in the facility record. NR 666.103(1)(e)2.b.b. The hazardous waste has a heating value of 5,000 Btu/lb or more, as-fired, and so is considered to be burned as fuel. The heating value of a waste as-generated may be reduced to below the 5,000 Btu/lb limit by bona fide treatment that removes or destroys organic constituents. Blending to augment the heating value to meet the 5,000 Btu/lb limit is prohibited and documentation that the waste has not been impermissibly blended shall be retained in the facility record. 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 Cl2 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 Cl2: 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 Cl2 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 Cl2 (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 Cl2, 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, Cl2, 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, Cl2, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver and thallium, and the following information to support such determinations: 1) Physical stack height.
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 Cl2, 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.
