NR 666.100(2) (2) 

NR 666.100(2)(a) (a) Except as provided by pars. (b), (c), and (d), the standards of this subchapter do not apply to a new hazardous waste boiler or industrial furnace unit that becomes subject to hazardous waste license requirements after October 12, 2005; or no longer apply when an affected source 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 to the department a notification of compliance 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 shall continue to be in effect until the conditions are removed from the license or the license is terminated or revoked, unless the license expressly provides otherwise.

NR 666.100(2)(b) (b) The following standards all continue to apply:

NR 666.100(2)(b)1. 1. If you elect to comply with s. NR 670.235 (1) (a) 1. to minimize emissions of toxic compounds from startup, shutdown and malfunction events, s. NR 666.102 (5) (a) requiring operations in accordance with the operating requirements specified in the license at all times that hazardous waste is in the unit, and s. NR 666.102 (5) (b) 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. These provisions apply only during startup, shutdown and malfunction events.

NR 666.100(2)(b)2. 2. The closure requirements of ss. NR 666.102 (5) (k) and 666.103 (12).

NR 666.100(2)(b)3. 3. The standards for direct transfer of s. NR 666.111.

NR 666.100(2)(b)4. 4. The standards for regulation of residues of s. NR 666.112.

NR 666.100(2)(b)5. 5. The applicable requirements of subchs. A to H, BB and CC of ch. NR 664 and subchs. A to H, BB and CC of ch. NR 665.

NR 666.100(2)(c) (c) If an owner or operator of a boiler or hydrochloric acid production furnace that is an area source under 40 CFR 63.2 and the owner or operator elects not to comply with the emission standards under 40 CFR 63.1216, 63.1217, and 63.1218 for particulate matter, semi-volatile and low volatile metals and total chlorine, the owner or operator remains subject to:

NR 666.100(2)(c)1. 1. Section NR 666.105—Standards to control particulate matter.

NR 666.100(2)(c)2. 2. Section NR 666.106—Standards to control metals emissions, except for mercury.

NR 666.100(2)(c)3. 3. Section NR 666.107—Standards to control hydrogen chloride and chlorine gas.

NR 666.100(2)(d) (d) The particulate matter standard of s. NR 666.105 remains in effect for boilers that elect to comply with the alternative to the particulate matter standard under 40 CFR 63.1216(e) and 63.1217(e).

NR 666.100(3) (3) The following hazardous wastes and facilities are not subject to regulation under this subchapter:

NR 666.100(3)(a) (a) Used oil burned for energy recovery that is also a hazardous waste solely because it exhibits a characteristic of hazardous waste identified in subch. C of ch. NR 661. Such used oil is subject to regulation under ch. NR 679.

NR 666.100(3)(b) (b) Gas recovered from hazardous or solid waste landfills when such gas is burned for energy recovery.

NR 666.100(3)(c) (c) Hazardous wastes that are exempt from regulation under ss. NR 661.0004 and 661.0006 (1) (c) 3. and 4., and hazardous wastes that are subject to the special requirements for very small quantity generators under ss. NR 662.013 and 662.014.

NR 666.100(3)(d) (d) Coke ovens, if the only hazardous waste burned is EPA hazardous waste number K087, decanter tank tar sludge from coking operations.

NR 666.100(4) (4) Owners and operators of smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters and foundry furnaces, but not including cement kilns, aggregate kilns or halogen acid furnaces burning hazardous waste) that process hazardous waste solely for metal recovery are conditionally exempt from regulation under this subchapter, except for ss. NR 666.101 and 666.112.

NR 666.100(4)(a) (a) To be exempt from ss. NR 666.102 to 666.111, an owner or operator of a metal recovery furnace or mercury recovery furnace shall comply with all of the following requirements, except that an owner or operator of a lead or a nickel-chromium recovery furnace, or a metal recovery furnace that burns baghouse bags used to capture metallic dusts emitted by steel manufacturing, shall comply with par. (c), and owners or operators of lead recovery furnaces that are subject to regulation under the Secondary Lead Smelting national emission standards for hazardous air pollutants (NESHAP) shall comply with sub. (8).

NR 666.100(4)(a)1. 1. Provide a one-time written notice to the department indicating all of the following:

NR 666.100(4)(a)1.a. a. The owner or operator claims exemption under this subsection.

NR 666.100(4)(a)1.b. b. The hazardous waste is burned solely for metal recovery consistent with par. (b).

NR 666.100(4)(a)1.c. c. The hazardous waste contains recoverable levels of metals.

NR 666.100(4)(a)1.d. d. The owner or operator will comply with the sampling and analysis and recordkeeping requirements of this subsection.

NR 666.100(4)(a)2. 2. Sample and analyze the hazardous waste and other feedstocks as necessary to comply with this subsection by using appropriate methods.

NR 666.100(4)(a)3. 3. Maintain at the facility for at least 3 years records to document compliance with this subsection including limits on levels of toxic organic constituents and Btu value of the waste, and levels of recoverable metals in the hazardous waste compared to normal nonhazardous waste feedstocks.

NR 666.100(4)(b) (b) A hazardous waste meeting either of the following criteria is not processed solely for metal recovery:

NR 666.100(4)(b)1. 1. The hazardous waste has a total concentration of organic 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 organic compounds in a waste as-generated may be reduced to the 500 ppm limit by bona fide treatment that removes or destroys organic 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 records required by par.(a)3.