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 HistoryHistory: 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 665.0341NR 665.0341Waste 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 NoteNote: 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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 665.0345NR 665.0345General 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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 665.0347NR 665.0347Monitoring 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.
NR 665.0347(2)(2)Inspect the complete incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) at least daily for leaks, spills and fugitive emissions, and check all emergency shutdown controls and system alarms to assure proper operation.
NR 665.0347 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 665.0351NR 665.0351Closure. 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.
NR 665.0351 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 owner or operator’s incinerator is not hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it according to all applicable requirements of chs. NR 662 to 666.
NR 665.0351 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 665.0352NR 665.0352Interim licensed incinerators burning particular hazardous wastes.
NR 665.0352(1)(1)Owners or operators of incinerators subject to this subchapter may burn EPA hazardous wastes F020, F021, F022, F023, F026 or F027 if they receive an interim license or interim license modification from the department after the owner or operator demonstrates that they can meet the performance standards of subch. O of ch. NR 664 when they burn these wastes.
NR 665.0352(2)(2)The department shall use all of the following standards and procedures to determine whether to issue an interim license or interim license modification:
NR 665.0352(2)(a)(a) The owner or operator shall submit an application to the department containing applicable information in ss. NR 670.019 and 670.062 demonstrating that the incinerator can meet the performance standards in subch. O of ch. NR 664 when they burn these wastes.
NR 665.0352(2)(b)(b) The department shall issue a preliminary determination as to whether the incinerator can meet the performance standards in subch. O of ch. NR 664. The department shall provide notification of this preliminary determination by newspaper advertisement and radio broadcast in the jurisdiction where the incinerator is located. The department shall accept comments on the preliminary determination for 60 days. The department may also hold a public hearing upon request or at the department’s discretion.
NR 665.0352(2)(c)(c) After the close of the public comment period, the department shall issue a decision whether or not to issue an interim license or interim license modification for the incinerator.