NR 664.0340(2)(a)(a) Except as provided by pars. (b) to (d), the standards of this subchapter do not apply to a new hazardous waste incineration unit that becomes subject to hazardous waste license requirements after October 12, 2005, and no longer apply when an owner or operator of an existing hazardous waste incineration unit 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. Nevertheless, even after this demonstration of compliance with the MACT standards, hazardous waste license conditions that were based on the standards of this chapter will continue to be in effect until the department removes them from the license or denies, suspends or revokes the license, unless the license expressly provides otherwise.

NR 664.0340(2)(b)(b) The MACT standards do not replace the closure requirements of s. NR 664.0351 or the applicable requirements of subchs. A to H, BB and CC.

NR 664.0340(2)(c)(c) The particulate matter standard of s. NR 664.0343 (3) remains in effect for incinerators that elect to comply with the alternative to the particulate matter standard of 40 CFR 63.1206 (b) (14) and 63.1219 (e).

NR 664.0340(2)(d)(d) All of the following requirements remain in effect for startup, shutdown and malfunction events if the owner or operator elects to comply with s. NR 670.235 (1) (a) 1. to minimize emissions of toxic compounds from these events:

NR 664.0340(2)(d)2.2. Section NR 664.0345 (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.

NR 664.0340(3)(3) After consideration of the waste analysis included with the feasibility and plan of operation report, the department, in establishing the license conditions, shall exempt the applicant from this subchapter except ss. NR 664.0341 and 664.0351, if all of the following conditions are met:

NR 664.0340(3)(a)(a) The department finds that the waste to be burned is one of the following:

NR 664.0340(3)(a)2.2. 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 664.0340(3)(a)3.3. A hazardous waste solely because it possesses the characteristic of ignitability, corrosivity or both, as determined by the test for characteristics of hazardous wastes under subch. C of ch. NR 661.

NR 664.0340(3)(a)4.4. A hazardous waste solely because it possesses any of the reactivity characteristics in s. NR 661.0023 (1) (a), (b), (c), (f), (g) and (h), and will not be burned when other hazardous wastes are present in the combustion zone.

NR 664.0340(3)(b)(b) The waste analysis shows that the waste contains none of the hazardous constituents in ch. NR 661 Appendix VIII, which would reasonably be expected to be in the waste.

NR 664.0340(4)(4) If the waste to be burned is one which is described by sub. (3) (a) 1., 2., 3. or 4. and contains insignificant concentrations of the hazardous constituents in ch. NR 661 Appendix VIII, then the department may, in establishing license conditions, exempt the applicant from all requirements of this subchapter, except ss. NR 664.0341 and 664.0351, after consideration of the waste analysis included with the feasibility and plan of operation report, unless the department finds that the waste will pose a threat to human health and the environment when burned in an incinerator.

NR 664.0340 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register March 2013; CR 16-007: am. (2) (a), cr. (2) (e) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (2) (a), (c), r. (2) (e), am. (3) (a) 2., 4. Register August 2020 No 776, eff. 9-1-20; correction in (2) (a), (c), (3) (a) 2. made under s. 35.17, Stats., Register August 2020 No 776.

NR 664.0341(1)(1) As a portion of the trial burn plan required by s. NR 670.062, or with the feasibility and plan of operation report, the owner or operator shall have included an analysis of the waste feed sufficient to provide all information required by s. NR 670.062 (2) or 670.019. Owners or operators of new hazardous waste incinerators shall provide the information required by s. NR 670.062 (3) or 670.019 to the greatest extent possible.

NR 664.0341(2)(2) Throughout normal operation the owner or operator shall conduct sufficient waste analysis to verify that waste feed to the incinerator is within the physical and chemical composition limits specified in the owner or operator’s license (under s. NR 664.0345 (2)).

NR 664.0342(2)(a)(a) The department will specify one or more POHCs in the facility’s license, from among those constituents in ch. NR 661 Appendix VIII, for each waste feed to be burned. The department will base this specification on the degree of difficulty of incineration of the organic constituents in the waste and on their concentration or mass in the waste feed, considering the results of waste analyses and trial burns or alternative data submitted with the feasibility and plan of operation report. Organic constituents which represent the greatest degree of difficulty of incineration will be those most likely to be designated as POHCs. Constituents are more likely to be designated as POHCs if they are present in large quantities or concentrations in the waste.

NR 664.0342(2)(b)(b) The department will designate trial POHCs for performance of trial burns according to the procedure in s. NR 670.062 for obtaining trial burn plan approvals.

NR 664.0343NR 664.0343 Performance standards. The owner or operator shall design, construct and maintain an incinerator burning hazardous waste so that, when operated according to operating requirements specified under s. NR 664.0345, it will meet all of the following performance standards: