NR 666.103NR 666.103Interim license standards for burners.
NR 666.103(1)(1)Purpose, scope, applicability.
NR 666.103(1)(a)(a) General.
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.a.a. A continuous on-site, physical construction program has begun.
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)(b)(b) Exemptions. The requirements of this section do not apply to hazardous waste and facilities exempt under ss. NR 666.100 (2) or 666.108.
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)(d)1.1. In subch. A of ch. NR 665 (General), s. NR 665.0004.
NR 666.103(1)(d)2.2. In subch. B of ch. NR 665 (General facility standards), ss. NR 665.0011 to 665.0017.
NR 666.103(1)(d)3.3. In subch. C of ch. NR 665 (Preparedness and prevention), ss. NR 665.0031 to 665.0037.
NR 666.103(1)(d)4.4. In subch. D of ch. NR 665 (Contingency plan and emergency procedures), ss. NR 665.0051 to 665.0056.
NR 666.103(1)(d)5.5. In subch. E of ch. NR 665 (Manifest system, recordkeeping and reporting), ss. NR 665.0071 to 665.0077, except that ss. NR 665.0071, 665.0072 and 665.0076 do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources.
NR 666.103(1)(d)6.6. In subch. G of ch. NR 665 (Closure and long-term care), ss. NR 665.0111 to 665.0115.
NR 666.103(1)(d)7.7. In subch. H of ch. NR 665 (Financial requirements), ss. NR 665.0141, 665.0142, 665.0143 and 665.0147 to 665.0148, except that states and the federal government are exempt from s. NR 665.0147.
NR 666.103(1)(d)8.8. Subchapter BB of ch. NR 665 (Air emission standards for equipment leaks), except s. NR 665.1050 (1).
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)1.1. ‘Controls.’
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)1.c.c. For cement kiln systems, the hazardous waste shall be fed into the kiln.
NR 666.103(1)(e)1.d.d. The hydrocarbon controls of s. NR 666.104 (3) or sub. (3) (e) apply upon certification of compliance under sub. (3) irrespective of the CO level achieved during the compliance test.
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: