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.

NR 666.100(4)(b)2.2. 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 for dilution to meet the 5,000 Btu/lb limit is prohibited and documentation that the waste has not been impermissibly diluted shall be retained in the records required by par. (a) 3.

NR 666.100(4)(c)(c) To be exempt from ss. NR 666.102 to 666.111, an owner or operator of a lead or nickel-chromium or mercury recovery furnace (except for owners or operators of lead recovery furnaces subject to regulation under the Secondary Lead Smelting national emission standards for hazardous air pollutants (NESHAP)) or a metal recovery furnace that burns baghouse bags used to capture metallic dusts emitted by steel manufacturing, shall provide a one-time written notice to the department identifying each hazardous waste burned and specifying whether the owner or operator claims an exemption for each waste under this paragraph or par. (a). The owner or operator shall comply with par. (a) for those wastes claimed to be exempt under par. (a) and shall comply with the requirements below for those wastes claimed to be exempt under this paragraph.

NR 666.100(4)(c)1.1. The hazardous wastes listed in ch. NR 666 Appendix XI, ch. NR 666 Appendix XII, and ch. NR 666 Appendix XIII, and baghouse bags used to capture metallic dusts emitted by steel manufacturing, are exempt from par. (a), if all of the following conditions are met:

NR 666.100(4)(c)1.a.a. A waste listed in ch. NR 666 Appendix IX shall contain recoverable levels of lead, a waste listed in ch. NR 666 Appendix XII shall contain recoverable levels of nickel or chromium, a waste listed in ch. NR 666 Appendix XIII shall contain recoverable levels of mercury and contain less than 500 ppm of ch. NR 661 Appendix VIII organic constituents, and baghouse bags used to capture metallic dusts emitted by steel manufacturing shall contain recoverable levels of metal.

NR 666.100(4)(c)1.c.c. The waste is not a hazardous waste listed in subch. D of ch. NR 661 because it is listed for an organic constituent as identified in ch. NR 661 Appendix VII.

NR 666.100(4)(c)1.d.d. The owner or operator certifies in the one-time notice that hazardous waste is burned under this paragraph and that sampling and analysis will be conducted or other information will be obtained as necessary to ensure continued compliance with these requirements. Sampling and analysis shall be conducted according to par. (a) 2. and records to document compliance with this paragraph shall be kept for at least 3 years.

NR 666.100(4)(c)2.2. The department may decide on a case-by-case basis that the toxic organic constituents in a material listed in ch. NR 666 Appendix XI, ch. NR 666 Appendix XII, or ch. NR 666 Appendix XIII that contains a total concentration of more than 500 ppm toxic organic compounds listed in ch. NR 661 Appendix VIII may pose a hazard to human health and the environment when burned in a metal recovery furnace exempt from this subchapter. In that situation, after adequate notice and opportunity for comment, the metal recovery furnace shall become subject to this subchapter when burning that material. In making the hazard determination, the department will consider all of the following factors:

NR 666.100(4)(c)2.c.c. Whether the acceptable ambient levels established in ch. NR 666 Appendix IV or ch. NR 666 Appendix V may be exceeded for any toxic organic compound that may be emitted based on dispersion modeling to predict the maximum annual average off-site ground level concentration.

NR 666.100(5)(5) The standards for direct transfer operations under s. NR 666.111 apply only to facilities subject to the license standards of s. NR 666.102 or the interim license standards of s. NR 666.103.

NR 666.100(7)(7) Owners and operators of smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters and foundry furnaces) that process hazardous waste for recovery of economically significant amounts of the precious metals gold, silver, platinum, palladium, iridium, osmium, rhodium or ruthenium, or any combination of these are conditionally exempt from regulation under this subchapter, except for s. NR 666.112. To be exempt from ss. NR 666.101 to 666.111, an owner or operator shall do all of the following:

NR 666.100(7)(a)(a) Provide a one-time written notice to the department indicating all of the following:

NR 666.100(7)(b)(b) Sample and analyze the hazardous waste as necessary to document that the waste contains economically significant amounts of the metals and that the treatment recovers economically significant amounts of precious metal.

NR 666.100(7)(c)(c) Maintain at the facility for at least 3 years records to document that all hazardous wastes burned are burned for recovery of economically significant amounts of precious metal.

NR 666.100(8)(8) Starting June 23, 1997, owners or operators of lead recovery furnaces that process hazardous waste for recovery of lead and that are subject to regulation under the Secondary Lead Smelting national standards for hazardous air pollutants (NESHAP), are conditionally exempt from regulation under this subchapter, except for s. NR 666.101. To be exempt, an owner or operator shall provide a one-time notice to the department identifying each hazardous waste burned and specifying that the owner or operator claims an exemption under this subsection. The notice also shall state that the waste burned has a total concentration of non-metal compounds listed in ch. NR 661 Appendix VIII, of less than 500 ppm by weight, as fired and as provided in sub. (4) (b) 1., or is listed in ch. NR 666 Appendix XI.

NR 666.100 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; corrections in (2) (b) 5., (4) (c) 1. (intro.), a., 2. (intro.), c., (8) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (2) (a), cr. (2) (c), (d), am. (4) (a) 2., r. and recr. (7) (b) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (3) (c), (4) (c) 1. b. Register August 2020 No. 776, eff. 9-1-20.