Chapter NR 666

“I certify under penalty of law that this information was prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information and supporting documentation. Copies of all emissions tests, dispersion modeling results and other information used to determine conformance with s. NR 666.103 (3) are available at the facility and can be obtained from the facility contact person listed above. Based on my inquiry of the person or persons who manages the facility, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

I also acknowledge that the operating conditions established in this certification pursuant to s. NR 666.103 (3) (d) 4. are enforceable limits at which the facility can legally operate during an interim license until a revised certification of compliance is submitted.”

NR 666.103(3)(e) (e) Special requirements for HC monitoring systems. When an owner or operator is required to comply with the hydrocarbon (HC) controls provided by s. NR 666.104 (3) or sub. (1) (e) 1. d., a conditioned gas monitoring system may be used in conformance with specifications provided in ch. NR 666 Appendix IX if the owner or operator submits a certification of compliance without using extensions of time provided by par. (g).

NR 666.103(3)(f) (f) Special operating requirements for industrial furnaces that recycle collected PM. Owners and operators of industrial furnaces that recycle back into the furnace particulate matter (PM) from the air pollution control system shall do all of the following:

NR 666.103(3)(f)1. 1. When complying with par. (c) 2. a., comply with the operating requirements prescribed in “Alternative Method to Implement the Metals Controls” in ch. NR 666 Appendix IX.

NR 666.103(3)(f)2. 2. When complying with par. (c) 2. b., comply with the operating requirements prescribed by that subdivision paragraph.

NR 666.103(3)(g) (g) Extensions of time.

NR 666.103(3)(g)1. 1. If the owner or operator does not submit a complete certification of compliance for all of the applicable emissions standards of ss. NR 666.104, 666.105, 666.106 and 666.107 by August 21, 1992, the owner or operator shall do one of the following:

NR 666.103(3)(g)1.a. a. Stop burning hazardous waste and begin closure activities under sub. (12) for the hazardous waste portion of the facility.

NR 666.103(3)(g)1.b. b. Limit hazardous waste burning only for purposes of compliance testing (and pretesting to prepare for compliance testing) a total period of 720 hours for the period of time beginning August 21, 1992, submit a notification to the department by August 21, 1992 stating that the facility is operating under restricted interim license and intends to resume burning hazardous waste, and submit a complete certification of compliance by August 23, 1993.

NR 666.103(3)(g)1.c. c. Obtain a case-by-case extension of time under subd. 2.

NR 666.103(3)(g)2. 2. The owner or operator may request a case-by-case extension of time to extend any time limit provided by this paragraph if compliance with the time limit is not practicable for reasons beyond the control of the owner or operator.

NR 666.103(3)(g)2.a. a. In granting an extension, the department may apply conditions as the facts warrant to ensure timely compliance with this section and that the facility operates in a manner that does not pose a hazard to human health and the environment.

NR 666.103(3)(g)2.b. b. When an owner or operator requests an extension of time to enable the facility to comply with the alternative hydrocarbon provisions of s. NR 666.104 (6) and obtain a hazardous waste license because the facility cannot meet the HC limit of s. NR 666.104 (3):

1) The department shall, in considering whether to grant the extension, do all of the following:

a) Determine whether the owner and operator have submitted in a timely manner a complete feasibility and plan of operation report that includes information required under s. NR 670.022 (2).

b) Consider whether the owner and operator have made a good faith effort to certify compliance with all other emission controls, including the controls on dioxins and furans of s. NR 666.104 (5) and the controls on PM, metals, HCl and Cl2.

2) If an extension is granted, the department shall, as a condition of the extension, require the facility to operate under flue gas concentration limits on CO and HC that, based on available information, including information in the feasibility and plan of operation report, are baseline CO and HC levels as defined by s. NR 666.104 (6) (a).

NR 666.103(3)(h) (h) Revised certification of compliance. The owner or operator may submit at any time a revised certification of compliance (recertification of compliance) under the following procedures:

NR 666.103(3)(h)1. 1. Prior to submittal of a revised certification of compliance, hazardous waste may not be burned for more than a total of 720 hours under operating conditions that exceed those established under a current certification of compliance, and such burning may be conducted only for purposes of determining whether the facility can operate under revised conditions and continue to meet the applicable emissions standards of ss. NR 666.104, 666.105, 666.106 and 666.107.

NR 666.103(3)(h)2. 2. At least 30 days prior to first burning hazardous waste under operating conditions that exceed those established under a current certification of compliance, the owner or operator shall notify the department and submit the following information:

NR 666.103(3)(h)2.a. a. EPA facility ID number, and facility name, contact person, telephone number and address.

NR 666.103(3)(h)2.b. b. Operating conditions that the owner or operator is seeking to revise and description of the changes in facility design or operation that prompted the need to seek to revise the operating conditions.

NR 666.103(3)(h)2.c. c. A determination that when operating under the revised operating conditions, the applicable emissions standards of ss. NR 666.104, 666.105, 666.106 and 666.107 are not likely to be exceeded. To document this determination, the owner or operator shall submit the applicable information required under sub. (2) (b).

NR 666.103(3)(h)2.d. d. Complete emissions testing protocol for any pretesting and for a new compliance test to determine compliance with the applicable emissions standards of ss. NR 666.104, 666.105, 666.106 and 666.107 when operating under revised operating conditions. The protocol shall include a schedule of pre-testing and compliance testing. If the owner or operator revises the scheduled date for the compliance test, the owner or operator shall notify the department in writing at least 30 days prior to the revised date of the compliance test.

NR 666.103(3)(h)3. 3. Conduct a compliance test under the revised operating conditions and the protocol submitted to the department to determine compliance with the applicable emissions standards of ss. NR 666.104, 666.105, 666.106 and 666.107.

NR 666.103(3)(h)4. 4. Submit a revised certification of compliance under par. (d).

NR 666.103(4) (4) Periodic Recertifications. The owner or operator shall conduct compliance testing and submit to the department a recertification of compliance under provisions of sub. (3) within 5 years from submitting the previous certification or recertification. If the owner or operator seeks to recertify compliance under new operating conditions, the owner or operator shall comply with sub. (3) (h).

NR 666.103(5) (5) Noncompliance with certification schedule. If the owner or operator does not comply with the interim license compliance schedule provided by subs. (2), (3) and (4), hazardous waste burning shall terminate on the date that the deadline is missed, closure activities shall begin under sub. (12), and hazardous waste burning may not resume except under an operating license issued under s. NR 670.066. For purposes of compliance with the closure provisions of sub. (12) and ss. NR 665.0112 (4) (b) and 665.0113 the boiler or industrial furnace has received “the known final volume of hazardous waste” on the date that the deadline is missed.

NR 666.103(6) (6) Startup and shutdown. Hazardous waste (except waste fed solely as an ingredient under the Tier I (or adjusted Tier I) feed rate screening limits for metals and chloride and chlorine) may not be fed into the device during startup and shutdown of the boiler or industrial furnace, unless the device is operating within the conditions of operation specified in the certification of compliance.

NR 666.103(7) (7) Automatic waste feed cutoff. During the compliance test required by sub. (3) (c), and upon certification of compliance under sub. (3), a boiler or industrial furnace shall be operated with a functioning system that automatically cuts off the hazardous waste feed when the applicable operating conditions specified in sub. (3) (a) 1. and 5. to 13. deviate from those established in the certification of compliance. In addition:

NR 666.103(7)(a) (a) To minimize emissions of organic compounds, the minimum combustion chamber temperature (or the indicator of combustion chamber temperature) that occurred during the compliance test shall be maintained while hazardous waste or hazardous waste residues remain in the combustion chamber, with the minimum temperature during the compliance test defined as either of the following:

NR 666.103(7)(a)1. 1. If compliance with the combustion chamber temperature limit is based on a hourly rolling average, the minimum temperature during the compliance test is considered to be the average over all runs of the lowest hourly rolling average for each run.

NR 666.103(7)(a)2. 2. If compliance with the combustion chamber temperature limit is based on an instantaneous temperature measurement, the minimum temperature during the compliance test is considered to be the time-weighted average temperature during all runs of the test.

NR 666.103(7)(b) (b) Operating parameters limited by the certification of compliance shall continue to be monitored during the cutoff, and the hazardous waste feed may not be restarted until the levels of those parameters comply with the limits established in the certification of compliance.

NR 666.103(8) (8) Fugitive emissions. Fugitive emissions shall be controlled by one of the following:

NR 666.103(8)(a) (a) Keeping the combustion zone totally sealed against fugitive emissions.

NR 666.103(8)(b) (b) Maintaining the combustion zone pressure lower than atmospheric pressure.

NR 666.103(8)(c) (c) An alternate means of control that the owner or operator can demonstrate provide fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure. Support for such demonstration shall be included in the operating record.

NR 666.103(9) (9) Changes. A boiler or industrial furnace shall cease burning hazardous waste when changes in combustion properties, or feed rates of the hazardous waste, other fuels, or industrial furnace feedstocks, or changes in the boiler or industrial furnace design or operating conditions deviate from the limits specified in the certification of compliance.

NR 666.103(10) (10) Monitoring and Inspections.

NR 666.103(10)(a) (a) The owner or operator shall monitor and record all of the following, at a minimum, while burning hazardous waste:

NR 666.103(10)(a)1. 1. Feed rates and composition of hazardous waste, other fuels, and industrial furnace feed stocks, and feed rates of ash, metals, and total chloride and chlorine as necessary to ensure conformance with the certification of precompliance or certification of compliance.

NR 666.103(10)(a)2. 2. Carbon monoxide (CO), oxygen, and if applicable, hydrocarbons (HC), on a continuous basis at a common point in the boiler or industrial furnace downstream of the combustion zone and prior to release of stack gases to the atmosphere in accordance with the operating limits specified in the certification of compliance. CO, HC and oxygen monitors shall be installed, operated and maintained in accordance with methods specified in ch. NR 666 Appendix IX.

NR 666.103(10)(a)3. 3. Upon the request of the department, sampling and analysis of the hazardous waste (and other fuels and industrial furnace feed stocks as appropriate) and the stack gas emissions shall be conducted to verify that the operating conditions established in the certification of precompliance or certification of compliance achieve the applicable standards of ss. NR 666.104, 666.105, 666.106 and 666.107.

NR 666.103(10)(b) (b) The boiler or industrial furnace and associated equipment (pumps, valves, pipes, fuel storage tanks, etc.) shall be subjected to thorough visual inspection when they contain hazardous waste, at least daily for leaks, spills, fugitive emissions and signs of tampering.

NR 666.103(10)(c) (c) The automatic hazardous waste feed cutoff system and associated alarms shall be tested at least once every 7 days when hazardous waste is burned to verify operability, unless the owner or operator can demonstrate that weekly inspections will unduly restrict or upset operations and that less frequent inspections will be adequate. Support for such demonstration shall be included in the operating record. At a minimum, operational testing shall be conducted at least once every 30 days.

NR 666.103(10)(d) (d) These monitoring and inspection data shall be recorded and the records shall be placed in the operating log.

NR 666.103(11) (11) Recordkeeping. The owner or operator shall keep in the operating record of the facility all information and data required by this section for a minimum of 5 years.

NR 666.103(12) (12) 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 boiler or industrial furnace and shall comply with ss. NR 665.0111 to 665.0115 .

NR 666.103 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; corrections in (2) (b) 2. b., c., (c) 4. b., (d), (g), (3) (c) 2. a., (e), (f) 1., (10) (a) 2. made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (4), (11) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (1) (f) 4., (3) (d) (intro.) Register August 2020 No. 776, eff. 9-1-20.

NR 666.104 NR 666.104 Standards to control organic emissions.

NR 666.104(1) (1) DRE standard.

NR 666.104(1)(a) (a) General. Except as provided in par. (c), a boiler or industrial furnace burning hazardous waste shall achieve a destruction and removal efficiency (DRE) of 99.99% for all organic hazardous constituents in the waste feed. To demonstrate conformance with this requirement, 99.99% DRE shall be demonstrated during a trial burn for each principal organic hazardous constituent (POHC) designated (under par. (b)) in its license for each waste feed. DRE is determined for each POHC from the following equation:

where:

Win = Mass feed rate of one principal organic hazardous constituent (POHC) in the hazardous waste fired to the boiler or industrial furnace

Wout = Mass emission rate of the same POHC present in stack gas prior to release to the atmosphere

NR 666.104(1)(b) (b) Designation of POHCs. Principal organic hazardous constituents (POHCs) are those compounds for which compliance with the DRE requirements shall be demonstrated in a trial burn in conformance with procedures prescribed in s. NR 670.066. One or more POHCs shall be designated by the department for each waste feed to be burned. POHCs shall be designated based on the degree of difficulty of destruction of the organic constituents in the waste and on their concentrations or mass in the waste feed considering the results of waste analyses submitted with the feasibility and plan of operation report. POHCs are most likely to be selected from among those compounds listed in ch. NR 661 Appendix VIII that are also present in the normal waste feed. However, if the applicant demonstrates to the department’s satisfaction in writing that a compound not listed in ch. NR 661 Appendix VIII or not present in the normal waste feed is a suitable indicator of compliance with the DRE requirements, that compound may be designated as a POHC. Such POHCs need not be toxic or organic compounds.

NR 666.104(1)(c) (c) Dioxin-listed waste. A boiler or industrial furnace burning hazardous waste containing (or derived from) EPA hazardous waste numbers F020, F021, F022, F023, F026 or F027 shall achieve a destruction and removal efficiency (DRE) of 99.9999% for each POHC designated (under par. (b)) in its license. This performance shall be demonstrated on POHCs that are more difficult to burn than tetra-, penta- and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is determined for each POHC from the equation in par. (a). In addition, the owner or operator of the boiler or industrial furnace shall notify the department of intent to burn EPA hazardous waste numbers F020, F021, F022, F023, F026 or F027.

NR 666.104(1)(d) (d) Automatic waiver of DRE trial burn. Owners and operators of boilers operated under the special operating requirements provided by s. NR 666.110 are considered to be in compliance with the DRE standard of par. (a) and are exempt from the DRE trial burn.

NR 666.104(1)(e) (e) Low risk waste. Owners and operators of boilers or industrial furnaces that burn hazardous waste in compliance with s. NR 666.109 (1) are considered to be in compliance with the DRE standard of par. (a) and are exempt from the DRE trial burn.

NR 666.104(2) (2) Carbon monoxide standard.

NR 666.104(2)(a) (a) Except as provided in sub. (3), the stack gas concentration of carbon monoxide (CO) from a boiler or industrial furnace burning hazardous waste cannot exceed 100 ppmv on an hourly rolling average basis (i.e., over any 60 minute period), continuously corrected to 7% oxygen, dry gas basis.

NR 666.104(2)(b) (b) CO and oxygen shall be continuously monitored in conformance with “Performance Specifications for Continuous Emission Monitoring of Carbon Monoxide and Oxygen for Incinerators, Boilers and Industrial Furnaces Burning Hazardous Waste” in ch. NR 666 Appendix IX.

NR 666.104(2)(c) (c) Compliance with the 100 ppmv CO limit shall be demonstrated 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). To demonstrate compliance, the highest hourly rolling average CO level during any valid run of the trial burn or compliance test may not exceed 100 ppmv.

NR 666.104(3) (3) Alternative carbon monoxide standard.

NR 666.104(3)(a) (a) The stack gas concentration of carbon monoxide (CO) from a boiler or industrial furnace burning hazardous waste may exceed the 100 ppmv limit if stack gas concentrations of hydrocarbons (HC) do not exceed 20 ppmv, except as provided by sub. (6) for certain industrial furnaces.

NR 666.104(3)(b) (b) HC limits shall be established under this section on an hourly rolling average basis (i.e., over any 60 minute period), reported as propane, and continuously corrected to 7% oxygen, dry gas basis.

NR 666.104(3)(c) (c) HC shall be continuously monitored in conformance with “Performance Specifications for Continuous Emission Monitoring of Hydrocarbons for Incinerators, Boilers and Industrial Furnaces Burning Hazardous Waste” in ch. NR 666 Appendix IX. CO and oxygen shall be continuously monitored in conformance with sub. (2) (b).

NR 666.104(3)(d) (d) The alternative CO standard is established based on CO data during the trial burn (for a new facility) and the compliance test (for an interim license facility). The alternative CO standard is the average over all valid runs of the highest hourly average CO level for each run. The CO limit is implemented on an hourly rolling average basis, and continuously corrected to 7% oxygen, dry gas basis.

NR 666.104(4) (4) Special requirements for furnaces. Owners and operators of industrial furnaces (e.g., kilns, cupolas) that feed hazardous waste for a purpose other than solely as an ingredient (see s. NR 666.103 (1) (e) 2.) at any location other than the end where products are normally discharged and where fuels are normally fired shall comply with the hydrocarbon limits provided by sub. (3) or (6) irrespective of whether stack gas CO concentrations meet the 100 ppmv limit of sub. (2).

NR 666.104(5) (5) Controls for dioxins and furans. Owners and operators of boilers and industrial furnaces that are equipped with a dry particulate matter control device that operates within the temperature range of 450 to 750 °F, and industrial furnaces operating under an alternative hydrocarbon limit established under sub. (6) shall conduct a site-specific risk assessment as follows to demonstrate that emissions of chlorinated dibenzo-p-dioxins and dibenzofurans do not result in an increased lifetime cancer risk to the hypothetical maximum exposed individual (MEI) exceeding 1 in 100,000:

NR 666.104(5)(a) (a) During the trial burn (for new facilities or an interim license facility applying for an operating license) or compliance test (for interim license facilities), determine emission rates of the tetra-octa congeners of chlorinated dibenzo-p-dioxins and dibenzofurans (CDDs/CDFs) using Method 0023A, Sampling Method for Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofurans Emissions from Stationary Sources, EPA SW-846, as incorporated by reference in s. NR 660.11.

NR 666.104(5)(b) (b) Estimate the 2,3,7,8-TCDD toxicity equivalence of the tetra-octa CDDs/CDFs congeners using “Procedures for Estimating the Toxicity Equivalence of Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners” in ch. NR 666 Appendix IX. Multiply the emission rates of CDD/CDF congeners with a toxicity equivalence greater than 0 (see the procedure) by the calculated toxicity equivalence factor to estimate the equivalent emission rate of 2,3,7,8-TCDD.

NR 666.104(5)(c) (c) Conduct dispersion modeling using 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 of 2,3,7,8-TCDD equivalents determined under par. (b). The maximum annual average concentration shall be used when a person resides on-site.

NR 666.104(5)(d) (d) The ratio of the predicted maximum annual average ground level concentration of 2,3,7,8-TCDD equivalents to the risk-specific dose for 2,3,7,8-TCDD provided in ch. NR 666 Appendix V (2.2 X 10–7) may not exceed 1.0.

NR 666.104(6) (6) Monitoring CO and HC in the by-pass duct of a cement kiln. Cement kilns may comply with the carbon monoxide and hydrocarbon limits provided by subs. (2), (3) and (4) by monitoring in the by-pass duct if both of the following conditions are met:

NR 666.104(6)(a) (a) Hazardous waste is fired only into the kiln and not at any location downstream from the kiln exit relative to the direction of gas flow.

NR 666.104(6)(b) (b) The by-pass duct diverts a minimum of 10% of kiln off-gas into the duct.

NR 666.104(7) (7) Use of emissions test data to demonstrate compliance and establish operating limits. Compliance with this section shall be demonstrated simultaneously by emissions testing or during separate runs under identical operating conditions. Further, data to demonstrate compliance with the CO and HC limits of this section or to establish alternative CO or HC limits under this section shall be obtained during the time that DRE testing, and where applicable, CDD/CDF testing under sub. (5) and comprehensive organic emissions testing under sub. (6) is conducted.

NR 666.104(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 666.104 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; corrections in (1) (b), (2) (b), (3) (c), (5) (b) to (d) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.

NR 666.105 NR 666.105 Standards to control particulate matter.

NR 666.105(1) (1) A boiler or industrial furnace 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) after correction to a stack gas concentration of 7% oxygen, using procedures prescribed in 40 CFR part 60, appendix A, methods 1 to 5, incorporated by reference in s. NR 660.11, and ch. NR 666 Appendix IX.

NR 666.105(2) (2) An owner or operator meeting s. NR 666.109 (2) for the low risk waste exemption is exempt from the particulate matter standard.

NR 666.105(3) (3) Oxygen correction.

NR 666.105(3)(a) (a) Measured pollutant levels shall be corrected for the amount of oxygen in the stack gas according to the formula:

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