NR 664.1082(3)(d)(d) A tank, surface impoundment or container for which all hazardous waste placed in the unit meets any of the following conditions:
NR 664.1082(3)(d)1.1. The waste meets the numerical concentration limits for organic hazardous constituents, applicable to the hazardous waste, as specified in ch. NR 668Hazardous Waste Land Disposal Restrictions under Table “Treatment Standards for Hazardous Waste” in s. NR 668.40.
NR 664.1082(3)(d)2.2. The organic hazardous constituents in the waste have been treated by the treatment technology established by the department for the waste in s. NR 668.42 (1), or have been removed or destroyed by an equivalent method of treatment approved by EPA pursuant to 40 CFR 268.42(b).
NR 664.1082(3)(e)(e) A tank used for bulk feed of hazardous waste to a waste incinerator and all of the following conditions are met:
NR 664.1082(3)(e)1.1. The tank is located inside an enclosure vented to a control device that is designed and operated according to all applicable requirements in 40 CFR part 61, subpart FFNational Emission Standards for Benzene Waste Operations, for a facility at which the total annual benzene quantity from the facility waste is equal to or greater than 10 megagrams per year.
NR 664.1082(3)(e)2.2. The enclosure and control device serving the tank were installed and began operation prior to June 1, 1998.
NR 664.1082(3)(e)3.3. The enclosure is designed and operated according to the criteria for a permanent total enclosure in Method 204“Criteria for and Verification of a Permanent or Temporary Total Enclosure” of appendix M of 40 CFR part 51, incorporated by reference in s. NR 660.11. The enclosure may have permanent or temporary openings to allow worker access, passage of material into or out of the enclosure by conveyor, vehicles or other mechanical or electrical equipment or to direct air flow into the enclosure. Perform the verification procedure for the enclosure in Section 8 of Method 204 annually.
NR 664.1082(4)(4)The department may at any time perform or request that the owner or operator perform a waste determination for a hazardous waste managed in a tank, surface impoundment or container exempted from using air emission controls under this section as follows:
NR 664.1082(4)(a)(a) Perform the waste determination for average VO concentration of a hazardous waste at the point of waste origination using direct measurement according to the applicable requirements of s. NR 664.1083 (1). Perform the waste determination for a hazardous waste at the point of waste treatment according to the applicable requirements of s. NR 664.1083 (2).
NR 664.1082(4)(b)(b) In performing a waste determination pursuant to par. (a), conduct the sample preparation and analysis as follows:
NR 664.1082(4)(b)1.1. According to the method used by the owner or operator to perform the waste analysis, except in the case specified in subd. 2.
NR 664.1082(4)(b)2.2. If the department determines that the method used by the owner or operator was not appropriate for the hazardous waste managed in the tank, surface impoundment or container, then the department may choose an appropriate method.
NR 664.1082(4)(c)(c) In a case when the owner or operator is requested to perform the waste determination, the department may elect to have an authorized representative observe the collection of the hazardous waste samples used for the analysis.
NR 664.1082(4)(d)(d) In a case when the results of the waste determination performed or requested by the department do not agree with the results of a waste determination performed by the owner or operator using knowledge of the waste, use the results of the waste determination performed according to par. (a) to establish compliance with this subchapter.
NR 664.1082(4)(e)(e) In a case when the owner or operator has used an averaging period greater than one hour for determining the average VO concentration of a hazardous waste at the point of waste origination, the department may elect to establish compliance with this subchapter by performing, or requesting that the owner or operator perform, a waste determination using direct measurement based on waste samples collected within a one-hour period as follows:
NR 664.1082(4)(e)1.1. Determine the average VO concentration of the hazardous waste at the point of waste origination by direct measurement according to s. NR 664.1083 (1).
NR 664.1082(4)(e)2.2. Results of the waste determination performed or requested by the department showing that the average VO concentration of the hazardous waste at the point of waste origination is equal to or greater than 500 ppmw shall constitute noncompliance with this subchapter except in a case provided for in subd. 3.
NR 664.1082(4)(e)3.3. For the case when the average VO concentration of the hazardous waste at the point of waste origination previously has been determined by the owner or operator using an averaging period greater than one hour to be less than 500 ppmw but because of normal operating process variations the VO concentration of the hazardous waste determined by direct measurement for any given one-hour period may be equal to or greater than 500 ppmw, the department shall consider information that was used by the owner or operator to determine the average VO concentration of the hazardous waste (e.g., test results, measurements, calculations and other documentation) and recorded in the facility records according to ss. NR 664.1083 (1) and 664.1089 together with the results of the waste determination performed or requested by the department in establishing compliance with this subchapter.
NR 664.1082 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.1083NR 664.1083Waste determination procedures.
NR 664.1083(1)(1)Procedure to determine average VO concentration of a hazardous waste at the point of waste origination.
NR 664.1083(1)(a)(a) An owner or operator shall determine the average VO concentration at the point of waste origination for each hazardous waste placed in a waste management unit exempted under s. NR 664.1082 (3) (a) from using air emission controls according to the standards in ss. NR 664.1084 to 664.1087, as applicable to the waste management unit. Make the determinations according to all of the following:
NR 664.1083(1)(a)1.1. Make an initial determination of the average VO concentration of the waste stream before the first time any portion of the material in the hazardous waste stream is placed in a waste management unit exempted under s. NR 664.1082 (3) (a) from using air emission controls, and thereafter make an initial determination of the average VO concentration of the waste stream for each averaging period that a hazardous waste is managed in the unit.
NR 664.1083(1)(a)2.2. Perform a new waste determination whenever changes to the source generating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level that is equal to or greater than the applicable VO concentration limits in s. NR 664.1082.
NR 664.1083(1)(b)(b) For a waste determination that is required by par. (a), determine the average VO concentration of a hazardous waste at the point of waste origination according to the procedures in s. NR 665.1084 (1) (b) to (d).
NR 664.1083(2)(2)Procedures for treated hazardous waste.
NR 664.1083(2)(a)(a) An owner or operator shall perform the applicable waste determinations for each treated hazardous waste placed in waste management units exempted under s. NR 664.1082 (3) (b) 1. to 6. from using air emission controls according to standards in ss. NR 664.1084 to 664.1087, as applicable to the waste management unit. Make the determinations according to all of the following:
NR 664.1083(2)(a)1.1. Make an initial determination of the average VO concentration of the waste stream before the first time any portion of the material in the treated waste stream is placed in the exempt waste management unit, and thereafter update the information used for the waste determination at least once every 12 months following the date of the initial waste determination.
NR 664.1083(2)(a)2.2. Perform a new waste determination whenever changes to the process generating or treating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level such that the applicable treatment conditions specified in s. NR 664.1082 (3) (b) are not achieved.