Wisconsin Administrative Code
Department of Natural Resources
NR 600-699 - Environmental Protection - Hazardous Waste Management
Chapter NR 666 - Standards For Managing Specific Hazardous Wastes And Specific Types Of Hazardous Waste Management Facilities
Subchapter H - Hazardous Waste Burned in Boilers and Industrial Furnaces
Section NR 666.112 - Regulation of residues

1. 'Normal residue.' Concentrations of toxic constituents of concern in normal residue shall be determined based on analyses of a minimum of 10 samples representing a minimum of 10 days of operation. Composite samples may be used to develop a sample for analysis if the compositing period does not exceed 24 hours. The upper tolerance limit (at 95% confidence with a 95% proportion of the sample distribution) of the concentration in the normal residue shall be considered the statistically-derived concentration in the normal residue. If changes in raw materials or fuels reduce the statistically-derived concentrations of the toxic constituents of concern in the normal residue, the statistically-derived concentrations shall be revised or statistically-derived concentrations of toxic constituents in normal residue shall be established for a new mode of operation with the new raw material or fuel. To determine the upper tolerance limit in the normal residue, the owner or operator shall use statistical procedures prescribed in "Statistical Methodology for Bevill Residue Determinations" in ch. NR 666 Appendix IX.

2. 'Waste-derived residue.' Waste-derived residue shall be sampled and analyzed as often as necessary to determine whether the residue generated during each 24-hour period has concentrations of toxic constituents that are higher than the concentrations established for the normal residue under subd. 1. If so, hazardous waste burning has significantly affected the residue and the residue may not be excluded from the definition of a hazardous waste. Concentrations of toxic constituents of concern in the waste-derived residue shall be determined based on analysis of one or more samples obtained over a 24-hour period. Multiple samples may be analyzed, and multiple samples may be taken to form a composite sample for analysis if the sampling period does not exceed 24 hours. If more than one sample is analyzed to characterize waste-derived residues generated over a 24-hour period, the concentration of each toxic constituent shall be the arithmetic mean of the concentrations in the samples. No results may be disregarded.

1. 'Nonmetal constituents.' The concentration of each nonmetal toxic constituent of concern (specified in par. (a)) in the waste-derived residue may not exceed the health-based level specified in ch. NR 666 Appendix VII, or the level of detection, whichever is higher. If a health-based limit for a constituent of concern is not listed in ch. NR 666 Appendix VII, then a limit of 0.002 micrograms per kilogram or the level of detection (which shall be determined using appropriate analytical methods), whichever is higher, shall be used. The levels specified in ch. NR 666 Appendix VII (and the default level of 0.002 micrograms per kilogram or the level of detection for constituents as identified in Note 1 of ch. NR 666 Appendix VII) are administratively stayed under the condition, for those constituents specified in par. (a), that the owner or operator complies with alternative levels defined as the land disposal restriction limits specified in s. NR 668.43 for F039 nonwastewaters. In complying with those alternative levels, if an owner or operator is unable to detect a constituent despite documenting use of best good-faith efforts as defined by applicable department guidance or standards, the owner or operator is deemed to be in compliance for that constituent. Until new guidance or standards are developed, the owner or operator may demonstrate such good faith efforts by achieving a detection limit for the constituent that does not exceed an order of magnitude above the level provided by s. NR 668.43 for F039 nonwastewaters. In complying with the s. NR 668.43 F039 nonwastewater levels for polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses shall be performed for total hexachlorodibenzo-p-dioxins, total hexachlorodibenzofurans, total pentachlorodibenzo-p-dioxins, total pentachlorodibenzofurans, total tetrachlorodibenzo-p-dioxins and total tetrachlorodibenzofurans.

Note: The administrative stay, under the condition that the owner or operator complies with alternative levels defined as the land disposal restriction limits specified in s. NR 668.43 for F039 nonwastewaters, remains in effect until further administrative action is taken and notice is published in the federal register and the Code of Federal Regulations.

2. 'Metal constituents.' The concentration of metals in an extract obtained using the toxicity characteristic leaching procedure of s. NR 661.0024 may not exceed the levels specified in ch. NR 666 Appendix VII.

3. 'Sampling and analysis.' Waste-derived residue shall be sampled and analyzed as often as necessary to determine whether the residue generated during each 24-hour period has concentrations of toxic constituents that are higher than the health-based levels. Concentrations of toxic constituents of concern in the waste-derived residue shall be determined based on analysis of one or more samples obtained over a 24-hour period. Multiple samples may be analyzed, and multiple samples may be taken to form a composite sample for analysis if the sampling period does not exceed 24 hours. If more than one sample is analyzed to characterize waste-derived residues generated over a 24-hour period, the concentration of each toxic constituent shall be the arithmetic mean of the concentrations in the samples. No results may be disregarded.

1. The levels of constituents in ch. NR 661 Appendix VIII that are present in normal residues.

2. Data and information, including analyses of samples as necessary, obtained to determine if changes in raw materials or fuels would reduce the concentration of toxic constituents of concern in the normal residue.