NR 665.0316(2) (2) The inside containers shall be overpacked in an open head DOT-specification metal shipping container (49 CFR parts 178 and 179) of no more than 416-liter (110 gallon) capacity and surrounded by, at a minimum, a sufficient quantity of sorbent material, determined to be nonbiodegradable in accordance with s. NR 665.0314 (5), to completely sorb all of the liquid contents of the inside containers. The metal outer container shall be full after it has been packed with inside containers and sorbent material.

NR 665.0316(3) (3) The sorbent material used may not be capable of reacting dangerously with, being decomposed by or being ignited by the contents of the inside containers, in accordance with s. NR 665.0017 (2).

NR 665.0316(4) (4) Incompatible wastes, as defined in s. NR 660.10, may not be placed in the same outside container.

NR 665.0316(5) (5) Reactive waste, other than cyanide- or sulfide-bearing waste as defined in s. NR 661.0023 (1) (e), shall be treated or rendered non-reactive prior to packaging in accordance with subs. (1) to (4). Cyanide- and sulfide-bearing reactive waste may be packaged in accordance with subs. (1) to (4) without first being treated or rendered non-reactive.

NR 665.0316(6) (6) The disposal is in compliance with the requirements of ch. NR 668. Persons who incinerate lab packs according to the requirements in s. NR 668.42 (3) (a) may use fiber drums in place of metal outer containers. The fiber drums shall meet the DOT specifications in 49 CFR 173.12 and be overpacked according to the requirements in sub. (2).

NR 665.0316 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (2), (5) Register August 2020 No. 776, eff. 9-1-20.

subch. O of ch. NR 665 Subchapter O — Incinerators

NR 665.0340 NR 665.0340 Applicability.

NR 665.0340(1) (1) This subchapter applies to owners and operators of hazardous waste incinerators (as defined in s. NR 660.10), except as s. NR 665.0001 provides otherwise.

NR 665.0340(2) (2) 

NR 665.0340(2)(a) (a) Except as provided by pars. (b) and (c), this chapter no longer applies when an owner or operator 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.

NR 665.0340(2)(b) (b) Section NR 665.0351 and the applicable requirements of subchs. A to H, BB and CC continue to apply even where the owner or operator has demonstrated compliance with the MACT requirements of 40 CFR part 63, subpart EEE.

NR 665.0340(2)(c) (c) Section NR 665.0345 generally prohibiting burning of hazardous waste during startup and shutdown remains in effect if the owner or operator elects to comply with s. NR 670.235 (2) (a) 1. to minimize emissions of toxic compounds from startup and shutdown.

NR 665.0340(3) (3) Owners and operators of incinerators burning hazardous waste are exempt from this subchapter, except s. NR 665.0351, provided that the owner or operator has documented, in writing, that the waste would not reasonably be expected to contain any of the hazardous constituents in ch. NR 661 Appendix VIII, and has retained that documentation at the facility, if the waste to be burned is one of the following:

NR 665.0340(3)(a) (a) Listed as a hazardous waste in subch. D of ch. NR 661 solely because it is ignitable (hazard code I), corrosive (hazard code C) or both.

NR 665.0340(3)(b) (b) 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 665.0340(3)(c) (c) A hazardous waste solely because it possesses the characteristic of ignitability, corrosivity or both, as determined by the tests for characteristics of hazardous wastes under subch. C of ch. NR 661.

NR 665.0340(3)(d) (d) A hazardous waste solely because it possesses any of the reactivity characteristics in s. NR 661.0023 (1) (a), (b), (c), (f), (g) or (h), and will not be burned when other hazardous wastes are present in the combustion zone.

NR 665.0340 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (2) (a) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (2) (a), (3) (b), (d) Register August 2020 No. 776, eff. 9-1-20; correction in (3) (b) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 665.0341 NR 665.0341 Waste analysis. In addition to the waste analyses required by s. NR 665.0013, the owner or operator shall sufficiently analyze any waste which the owner or operator has not previously burned in the owner or operator’s incinerator to enable the owner or operator to establish steady state (normal) operating conditions (including waste and auxiliary fuel feed and air flow) and to determine the type of pollutants which might be emitted. At a minimum, the analysis shall determine all of the following:

NR 665.0341(1) (1) Heating value of the waste.

NR 665.0341(2) (2) Halogen content and sulfur content in the waste.

NR 665.0341(3) (3) Concentrations in the waste of lead and mercury, unless the owner or operator has written, documented data that show that the elements are not present.

NR 665.0341 Note Note: As required by s. NR 665.0073, the owner or operator shall place the results from each waste analysis, or the documented information, in the operating record of the facility.

NR 665.0341 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0345 NR 665.0345 General operating requirements. During start-up and shut-down of an incinerator, the owner or operator may not feed hazardous waste unless the incinerator is at steady state (normal) conditions of operation, including steady state operating temperature and air flow.

NR 665.0345 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0347 NR 665.0347 Monitoring and inspections. The owner or operator shall conduct, as a minimum, all of the following monitoring and inspections when incinerating hazardous waste:

NR 665.0347(1) (1) Monitor existing instruments which relate to combustion and emission control at least every 15 minutes. Immediately make appropriate corrections to maintain steady state combustion conditions either automatically or by the operator. Instruments which relate to combustion and emission control would normally include those measuring waste feed, auxiliary fuel feed, air flow, incinerator temperature, scrubber flow, scrubber pH and relevant level controls.