Current through August 26, 2024
(1) The regulations of this subchapter apply
to hazardous waste burned or processed in a boiler or industrial furnace (as
defined in s.
NR 660.10) irrespective of the purpose of burning or
processing, except as provided by subs. (2), (3), (4), (7) and (8). In this
subchapter, the term "burn" means burning for energy recovery or destruction,
or processing for materials recovery or as an ingredient. The emissions
standards of ss.
NR 666.104, 666.105, 666.106 and 666.107 apply to
facilities operating under an interim license or under a license as specified
in ss.
NR 666.102 and 666.103.
(2)
(a)
Except as provided by pars. (b), (c), and (d), the standards of this subchapter
do not apply to a new hazardous waste boiler or industrial furnace unit that
becomes subject to hazardous waste license requirements after October 12, 2005;
or no longer apply when an affected source 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 to
the department a notification of compliance 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 shall
continue to be in effect until the conditions are removed from the license or
the license is terminated or revoked, unless the license expressly provides
otherwise.
(b) The following
standards all continue to apply:
1. If you
elect to comply with s.
NR 670.235(1) (a) 1. to minimize
emissions of toxic compounds from startup, shutdown and malfunction events, s.
NR 666.102(5)
(a) requiring operations in accordance with
the operating requirements specified in the license at all times that hazardous
waste is in the unit, and s.
NR 666.102(5) (b)
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.
These provisions apply only during startup, shutdown and malfunction
events.
2. The closure requirements
of ss.
NR 666.102(5)
(k) and 666.103(12).
3. The standards for direct transfer of s.
NR 666.111.
4. The standards for regulation of residues
of s.
NR 666.112.
5. The applicable requirements of subchs. A
to H, BB and CC of ch. NR 664 and subchs. A to H, BB and CC of ch. NR
665.
(c) If an owner or
operator of a boiler or hydrochloric acid production furnace that is an area
source under
40
CFR 63.2 and the owner or operator elects not
to comply with the emission standards under
40
CFR 63.1216,
63.1217,
and
63.1218
for particulate matter, semi-volatile and low volatile metals and total
chlorine, the owner or operator remains subject to:
1. Section
NR 666.105 -Standards to control particulate
matter.
2. Section
NR 666.106 -Standards to control metals emissions, except
for mercury.
3. Section
NR 666.107 -Standards to control hydrogen chloride and
chlorine gas.
(d) The
particulate matter standard of s.
NR 666.105 remains in effect for boilers that elect to
comply with the alternative to the particulate matter standard under
40
CFR 63.1216(e) and
63.1217(e).
(3) The following hazardous wastes and
facilities are not subject to regulation under this subchapter:
(a) Used oil burned for energy recovery that
is also a hazardous waste solely because it exhibits a characteristic of
hazardous waste identified in subch. C of ch. NR 661. Such used oil is subject
to regulation under ch. NR 679.
(b)
Gas recovered from hazardous or solid waste landfills when such gas is burned
for energy recovery.
(c) Hazardous
wastes that are exempt from regulation under ss. NR 661.0004 and 661.0006(1)
(c) 3. and 4., and hazardous wastes that are subject to the special
requirements for very small quantity generators under ss. NR 662.013 and 662.014.
(d) Coke ovens, if the
only hazardous waste burned is EPA hazardous waste number K087, decanter tank
tar sludge from coking operations.
(4) Owners and operators of smelting, melting
and refining furnaces (including pyrometallurgical devices such as cupolas,
sintering machines, roasters and foundry furnaces, but not including cement
kilns, aggregate kilns or halogen acid furnaces burning hazardous waste) that
process hazardous waste solely for metal recovery are conditionally exempt from
regulation under this subchapter, except for ss.
NR 666.101 and 666.112.
(a) To be exempt from ss.
NR 666.102 to 666.111, an owner or operator of a metal
recovery furnace or mercury recovery furnace shall comply with all of the
following requirements, except that an owner or operator of a lead or a
nickel-chromium recovery furnace, or a metal recovery furnace that burns
baghouse bags used to capture metallic dusts emitted by steel manufacturing,
shall comply with par. (c), and owners or operators of lead recovery furnaces
that are subject to regulation under the Secondary Lead Smelting national
emission standards for hazardous air pollutants (NESHAP) shall comply with sub.
(8).
1. Provide a one-time written notice to
the department indicating all of the following:
a. The owner or operator claims exemption
under this subsection.
b. The
hazardous waste is burned solely for metal recovery consistent with par.
(b).
c. The hazardous waste
contains recoverable levels of metals.
d. The owner or operator will comply with the
sampling and analysis and recordkeeping requirements of this
subsection.
2. Sample and
analyze the hazardous waste and other feedstocks as necessary to comply with
this subsection by using appropriate methods.
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.
(b) A
hazardous waste meeting either of the following criteria is not processed
solely for metal recovery:
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.
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.
(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.
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:
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.
b. The waste does not exhibit the toxicity
characteristic specified in s. NR 661.0024 for an organic
constituent.
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.
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.
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:
a. The concentration and toxicity of organic
constituents in the material.
b.
The level of destruction of toxic organic constituents provided by the
furnace.
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.
(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.
(6) The management standards for residues
under s.
NR 666.112
apply to any boiler or industrial furnace burning hazardous waste.
(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:
(a) Provide a one-time
written notice to the department indicating all of the following:
1. The owner or operator claims exemption
under this subsection.
2. The
hazardous waste is burned for legitimate recovery of precious metal.
3. The owner or operator will comply with the
sampling and analysis and recordkeeping requirements of this
subsection.
(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.
(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.
(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.
