Current through August 26, 2024
(1) This subchapter applies to owners and
operators of hazardous waste incinerators (as defined in s.
NR 660.10), except as s.
NR 664.0001 provides otherwise.
(2)
(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.
(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.
(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).
(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:
1. Section
NR 664.0345(1) requiring that an
incinerator operate according to operating requirements specified in the
license.
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.
(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:
(a) The department finds
that the waste to be burned is one of the following:
1. 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.
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.
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.
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.
(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.
(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.
(5) The owner or operator of an incinerator
may conduct trial burns subject only to s.
NR 670.062.
