When an owner or operator of a cement kiln, lightweight
aggregate kiln, solid fuel boiler, liquid fuel boiler or hydrochloric acid
production furnace becomes subject to hazardous waste licensing requirements
after October 12, 2005, or when an owner or operator of an existing cement,
lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler or
hydrochloric acid production furnace demonstrates compliance with the air
emission standards and limitations in 40 CFR part 63, subpart EEE (for
instance, by conducting a comprehensive performance test and submitting a
notification of compliance under
40 CFR
63.1207(j) and
63.1210(d)
documenting compliance with 40 CFR part 63, subpart EEE), the requirements of
this section do not apply. The requirements of this section do apply, however,
if the department determines certain provisions are necessary to ensure
compliance with ss.
NR 666.102(5) (a)
and (b) 3. if the owner or operator elects to
comply with s.
NR 670.235(1) (a) 1. to minimize
emissions of toxic compounds from startup, shutdown and malfunction events; or
if the facility is an area source and the owner or operator elects to comply
with the ss.
NR 666.105, 666.106, and 666.107 standards and associated
requirements for particulate matter, hydrogen chloride and chlorine gas and
non-mercury metals; or the department determines certain provisions apply, on a
case-by-case basis, for purposes of information collection according to ss.
NR 670.010(11)
and (12) and 670.032(2) (b) and (c).
(1) TRIAL BURNS.
(a)
General. Except as
provided below, owners and operators that are subject to the standards to
control organic emissions provided by s.
NR 666.104, standards to control particulate matter
provided by s.
NR 666.105, standards to control metals emissions
provided by s.
NR 666.106, or standards to control hydrogen chloride or
chlorine gas emissions provided by s.
NR 666.107 shall conduct a trial burn to demonstrate
conformance with those standards and shall submit a trial burn plan or the
results of a trial burn, including all required determinations, according to s.
NR 670.066.
1. A trial
burn to demonstrate conformance with a particular emission standard may be
waived under ss.
NR 666.104 to 666.107 and pars. (b) to (e).
2. The owner or operator may submit data in
lieu of a trial burn, as prescribed in par. (f).
(b)
Waiver of trial burn for
DRE.
1. `Boilers operated under
special operating requirements.' When seeking to be licensed under ss.
NR 666.104(1) (d) and 666.110 that
automatically waive the DRE trial burn, the owner or operator of a boiler shall
submit documentation that the boiler operates under the special operating
requirements provided by s.
NR 666.110.
2. `Boilers and industrial furnaces burning
low risk waste.' When seeking to be licensed under the provisions for low risk
waste provided by ss.
NR 666.104(1) (e) and s.
NR 666.109(1) that waive the DRE trial
burn, the owner or operator shall submit all of the following:
a. Documentation that the device is operated
in conformance with s.
NR 666.109(1)
(a).
b. Results of analyses of each waste to be
burned, documenting the concentrations of nonmetal compounds listed in ch. NR
661 Appendix VIII, except for those constituents that would reasonably not be
expected to be in the waste. Identify the constituents excluded from analysis
and explain the basis for their exclusion. The analysis shall rely on
appropriate analytical techniques.
c. Documentation of hazardous waste firing
rates and calculations of reasonable, worst-case emission rates of each
constituent identified in subd. 2. b. using procedures provided by s.
NR 666.109(1) (b)
2.
d. Results of emissions dispersion modeling
for emissions identified in subd. 2. c. using modeling procedures prescribed by
s.
NR 666.106(8). The department will
review the emission modeling conducted by the applicant to determine
conformance with these procedures. The department will either approve the
modeling or determine that alternate or supplementary modeling is
appropriate.
e. Documentation that
the maximum annual average ground level concentration of each constituent
identified in subd. 2. b. quantified in conformance with subd. 2. d. does not
exceed the allowable ambient level established in ch. NR 666 Appendix IV or V.
The acceptable ambient concentration for emitted constituents for which a
specific reference air concentration has not been established in ch. NR 666
Appendix IV or risk specific dose has not been established in ch. NR 666
Appendix V is 0.1 micrograms per cubic meter, as noted in the footnote to ch.
NR 666 Appendix IV.
(c)
Waiver of trial burn for
metals. When seeking to be licensed under the Tier I (or adjusted Tier
I) metals feed rate screening limits provided by s.
NR 666.106(2) and (5) that control
metals emissions without requiring a trial burn, the owner or operator shall
submit all of the following:
1. Documentation
of the feed rate of hazardous waste, other fuels and industrial furnace feed
stocks.
2. Documentation of the
concentration of each metal controlled by s.
NR 666.106(2) or (5) in the hazardous
waste, other fuels and industrial furnace feedstocks, and calculations of the
total feed rate of each metal.
3.
Documentation of how the applicant will ensure that the Tier I feed rate
screening limits provided by s.
NR 666.106(2) or (5) will not be
exceeded during the averaging period provided by that subsection.
4. Documentation to support the determination
of the terrain-adjusted effective stack height, good engineering practice stack
height, terrain type and land use as provided by s.
NR 666.106(2) (c) to (e).
5. Documentation of compliance with s.
NR 666.106(2) (f), if applicable, for
facilities with multiple stacks.
6.
Documentation that the facility does not fail the criteria provided by s.
NR 666.106(2) (g) for eligibility to
comply with the screening limits.
7. Proposed sampling and metals analysis plan
for the hazardous waste, other fuels and industrial furnace feed
stocks.
(d)
Waiver of trial burn for particulate matter. When seeking to
be licensed under the low risk waste provisions of s.
NR 666.109(2) which waives the
particulate standard (and trial burn to demonstrate conformance with the
particulate standard), applicants shall submit documentation supporting
conformance with subs. (1) (b) 2. and (1) (c).
(e)
Waiver of trial burn for HCl and
C12. When seeking to be licensed under the Tier
I (or adjusted Tier I) feed rate screening limits for total chloride and
chlorine provided by s.
NR 666.107(2) (a) and (5) that control
emissions of hydrogen chloride (HCl) and chlorine gas (Cl 2) without requiring
a trial burn, the owner or operator shall submit all of the following:
1. Documentation of the feed rate of
hazardous waste, other fuels and industrial furnace feed stocks.
2. Documentation of the levels of total
chloride and chlorine in the hazardous waste, other fuels and industrial
furnace feedstocks, and calculations of the total feed rate of total chloride
and chlorine.
3. Documentation of
how the applicant will ensure that the Tier I (or adjusted Tier I) feed rate
screening limits provided by s.
NR 666.107(2) (a) or (5) will not be
exceeded during the averaging period provided by that paragraph or
subsection.
4. Documentation to
support the determination of the terrain-adjusted effective stack height, good
engineering practice stack height, terrain type and land use as provided by s.
NR 666.107(2) (c).
5. Documentation of compliance with s.
NR 666.107(2) (d), if applicable, for
facilities with multiple stacks.
6.
Documentation that the facility does not fail the criteria provided by s.
NR 666.107(2) (c) for eligibility to
comply with the screening limits.
7. Proposed sampling and analysis plan for
total chloride and chlorine for the hazardous waste, other fuels and industrial
furnace feedstocks.
(f)
Data in lieu of trial burn. The owner or operator may seek an
exemption from the trial burn requirements to demonstrate conformance with ss.
NR 666.104 to 666.107 and 670.066 by providing the
information required by s.
NR 670.066 from previous compliance testing of the device
in conformance with s.
NR 666.103, or from compliance testing or trial or
operational burns of similar boilers or industrial furnaces burning similar
hazardous wastes under similar conditions. If data from a similar device is
used to support a trial burn waiver, the design and operating information
required by s.
NR 670.066 shall be provided for both the similar device
and the device to which the data is to be applied, and a comparison of the
design and operating information shall be provided. The department shall
approve a license application without a trial burn if the department finds that
the hazardous wastes are sufficiently similar, the devices are sufficiently
similar, the operating conditions are sufficiently similar and the data from
other compliance tests, trial burns or operational burns are adequate to
specify (under s.
NR 666.102) operating conditions that will ensure
conformance with s.
NR 666.102(3). In addition, all of the
following information shall be submitted:
1.
For a waiver from any trial burn:
a. A
description and analysis of the hazardous waste to be burned compared with the
hazardous waste for which data from compliance testing, or operational or trial
burns are provided to support the contention that a trial burn is not
needed.
b. The design and operating
conditions of the boiler or industrial furnace to be used, compared with that
for which comparative burn data are available.
c. Supplemental information as the department
finds necessary to achieve the purposes of this paragraph.
2. For a waiver of the DRE trial burn, the
basis for selection of POHCs used in the other trial or operational burns which
demonstrate compliance with the DRE performance standard in s.
NR 666.104(1). This analysis shall
specify the constituents in ch. NR 661 Appendix VIII, that the applicant has
identified in the hazardous waste for which a license is sought, and any
differences from the POHCs in the hazardous waste for which burn data are
provided.
(2)
ALTERNATIVE HC LIMIT FOR INDUSTRIAL FURNACES WITH ORGANIC MATTER IN RAW
MATERIALS. Owners and operators of industrial furnaces requesting an
alternative HC limit under s.
NR 666.104(6) shall submit all of the
following information at a minimum:
(a)
Documentation that the furnace is designed and operated to minimize HC
emissions from fuels and raw materials.
(b) Documentation of the proposed baseline
flue gas HC (and CO) concentration, including data on HC (and CO) levels during
tests when the facility produced normal products under normal operating
conditions from normal raw materials while burning normal fuels and when not
burning hazardous waste.
(c) Test
burn protocol to confirm the baseline HC (and CO) level including information
on the type and flow rate of all feedstreams, point of introduction of all
feedstreams, total organic carbon content (or other appropriate measure of
organic content) of all nonfuel feedstreams, and operating conditions that
affect combustion of fuels and destruction of hydrocarbon emissions from
nonfuel sources.
(d) The trial burn
plan shall do all of the following:
1.
Demonstrate that flue gas HC (and CO) concentrations when burning hazardous
waste do not exceed the baseline HC (and CO) level.
2. Identify the types and concentrations of
organic compounds listed in ch. NR 661 Appendix VIII, that are emitted when
burning hazardous waste in conformance with procedures prescribed by the
department.
(e)
Implementation plan to monitor over time changes in the operation of the
facility that could reduce the baseline HC level and procedures to periodically
confirm the baseline HC level.
(f)
Other information as the department finds necessary to achieve the purposes of
this subsection.
(3)
ALTERNATIVE METALS IMPLEMENTATION APPROACH. When seeking to be licensed under
an alternative metals implementation approach under s.
NR 666.106(6), the owner or operator
shall submit documentation specifying how the approach ensures compliance with
the metals emissions standards of s.
NR 666.106(3) or (4) and how the
approach can be effectively implemented and monitored. Further, the owner or
operator shall provide other information that the department finds necessary to
achieve the purposes of this subsection.
(4) AUTOMATIC WASTE FEED CUTOFF SYSTEM.
Owners and operators shall submit information describing the automatic waste
feed cutoff system, including any pre-alarm systems that may be used.
(5) DIRECT TRANSFER. Owners and operators
that use direct transfer operations to feed hazardous waste from transport
vehicles (containers, as defined in s.
NR 666.111) directly to the boiler or industrial furnace
shall submit information supporting conformance with the standards for direct
transfer provided by s.
NR 666.111.
(6) RESIDUES. Owners and operators that claim
that their residues are excluded from regulation under s.
NR 666.112
shall submit information adequate to demonstrate conformance with that
section.
