When an owner or operator of a hazardous waste incineration
unit becomes subject to hazardous waste licensing requirements after October
12, 2005, or when an owner or operator of an existing hazardous waste
incineration unit 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, except those provisions the department determines
are necessary to ensure compliance with s.
NR 664.0345(1) and
(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. The
department may apply the provisions of this section, on a case-by-case basis,
for purposes of information collection according to ss.
NR 670.010(11)
and (13) and 670.032(2) (b) and (c).
(1) For the purposes of determining
operational readiness following completion of physical construction, the
department shall establish license conditions, including but not limited to
allowable waste feeds and operating conditions, in the license to a new
hazardous waste incinerator. These license conditions will be effective for the
minimum time required to bring the incinerator to a point of operational
readiness to conduct a trial burn, not to exceed 720 hours operating time for
treatment of hazardous waste. The department may extend the duration of this
operational period once, for up to 720 additional hours, at the request of the
applicant when good cause is shown. The license may be modified to reflect the
extension according to s.
NR 670.042.
(a)
Applicants shall submit a statement, with the feasibility and plan of operation
report, which suggests the conditions necessary to operate in compliance with
the performance standards of s.
NR 664.0343
during this period. This statement shall include, at a minimum, restrictions on
waste constituents, waste feed rates and the operating parameters identified in
s.
NR 664.0345.
(b) The department will review this statement
and any other relevant information submitted with the feasibility and plan of
operation report and specify requirements for this period sufficient to meet
the performance standards of s.
NR 664.0343
based on the department's engineering judgment.
(2) For the purposes of determining
feasibility of compliance with the performance standards of s.
NR 664.0343
and of determining adequate operating conditions under s.
NR 664.0345, the department shall establish conditions in
the license for a new hazardous waste incinerator to be effective during the
trial burn.
(a) Applicants shall propose a
trial burn plan, prepared under par. (b) with a feasibility and plan of
operation report.
(b) The trial
burn plan shall include all of the following information:
1. An analysis of each waste or mixture of
wastes to be burned which includes all of the following:
a. Heat value of the waste in the form and
composition in which it will be burned.
b. Viscosity (if applicable), or description
of the physical form of the waste.
c. An identification of any hazardous organic
constituents listed in ch. NR 661 Appendix VIII, which are present in the waste
to be burned, except that the applicant need not analyze for constituents
listed in ch. NR 661 Appendix VIII, which would reasonably not be expected to
be found in the waste. Identify the constituents excluded from analysis and
state the basis for the exclusion. The waste analysis shall rely on appropriate
analytical techniques.
d. An
approximate quantification of the hazardous constituents identified in the
waste, within the precision produced by appropriate analytical
methods.
2. A detailed
engineering description of the incinerator for which the license is sought
including all of the following:
a.
Manufacturer's name and model number of incinerator (if available).
b. Type of incinerator.
c. Linear dimensions of the incinerator unit
including the cross sectional area of combustion chamber.
d. Description of the auxiliary fuel system
(type and feed).
e. Capacity of
prime mover.
f. Description of
automatic waste feed cut-off systems.
g. Stack gas monitoring and pollution control
equipment.
h. Nozzle and burner
design.
i. Construction
materials.
j. Location and
description of temperature, pressure and flow indicating and control
devices.
3. A detailed
description of sampling and monitoring procedures, including sampling and
monitoring locations in the system, the equipment to be used, sampling and
monitoring frequency, and planned analytical procedures for sample
analysis.
4. A detailed test
schedule for each waste for which the trial burn is planned including dates,
duration, quantity of waste to be burned, and other factors relevant to the
department's decision under par. (e).
5. A detailed test protocol, including, for
each waste identified, the ranges of temperature, waste feed rate, combustion
gas velocity, use of auxiliary fuel, and any other relevant parameters that
will be varied to affect the destruction and removal efficiency of the
incinerator.
6. A description of,
and planned operating conditions for, any emission control equipment which will
be used.
7. Procedures for rapidly
stopping waste feed, shutting down the incinerator, and controlling emissions
in the event of an equipment malfunction.
8. Other information as the department
reasonably finds necessary to determine whether to approve the trial burn plan
in light of the purposes of this subsection and the criteria in par.
(e).
(c) The department,
in reviewing the trial burn plan, shall evaluate the sufficiency of the
information provided and may require the applicant to supplement this
information, if necessary, to achieve the purposes of this
subsection.
(d) Based on the waste
analysis data in the trial burn plan, the department will specify as trial
principal organic hazardous constituents (POHCs), those constituents for which
destruction and removal efficiencies shall be calculated during the trial burn.
These trial POHCs will be specified by the department based on the department's
estimate of the difficulty of incineration of the constituents identified in
the waste analysis, their concentration or mass in the waste feed, and, for
wastes listed in subch. D of ch. NR 661, the hazardous waste organic
constituent or constituents identified in ch. NR 661 Appendix VII as the basis
for listing.
(e) The department
shall approve a trial burn plan if the department finds that all of the
following apply:
1. The trial burn is likely
to determine whether the incinerator performance standard required by s.
NR 664.0343
can be met.
2. The trial burn
itself will not present an imminent hazard to human health or the
environment.
3. The trial burn will
help the department to determine operating requirements to be specified under
s.
NR 664.0345.
4. The information sought in subds. 1. and 2.
cannot reasonably be developed through other means.
(f) The department shall send a notice to all
persons on the facility mailing list and to the appropriate units of state and
local government as identified in s.
NR 670.410(3) (a) 9. to 11. announcing
the scheduled commencement and completion dates for the trial burn. The
applicant may not commence the trial burn until after the department has issued
the notice.
1. This notice shall be mailed
within a reasonable time period before the scheduled trial burn. An additional
notice is not required if the trial burn is delayed due to circumstances beyond
the control of the facility or the department.
2. This notice shall contain all of the
following:
a. The name and telephone number
of the applicant's contact person.
b. The name and telephone number of the
department's contact office.
c. The
location where the approved trial burn plan and any supporting documents can be
reviewed and copied.
d. An expected
time period for commencement and completion of the trial burn.
(g) During each
approved trial burn, or as soon after the burn as is practicable, the applicant
shall make all of the following determinations:
1. A quantitative analysis of the trial POHCs
in the waste feed to the incinerator.
2. A quantitative analysis of the exhaust gas
for the concentration and mass emissions of the trial POHCs, oxygen (O 2) and
hydrogen chloride (HCl).
3. A
quantitative analysis of the scrubber water (if any), ash residues and other
residues, for the purpose of estimating the fate of the trial POHCs.
4. A computation of destruction and removal
efficiency (DRE), according to the DRE formula specified in s.
NR 664.0343(1).
5. If the HCl emission rate exceeds 1.8
kilograms of HCl per hour (4 pounds per hour), a computation of HCl removal
efficiency according to s.
NR 664.0343(2).
6. A computation of particulate emissions,
according to s.
NR 664.0343(3).
7. An identification of sources of fugitive
emissions and their means of control.
8. A measurement of average, maximum, and
minimum temperatures and combustion gas velocity.
9. A continuous measurement of carbon
monoxide (CO) in the exhaust gas.
10. Other information as the department may
specify as necessary to ensure that the trial burn will determine compliance
with the performance standards in s.
NR 664.0343
and to establish the operating conditions required by s.
NR 664.0345 as necessary to meet that performance
standard.
(h) The
applicant shall submit to the department a certification that the trial burn
has been carried out according to the approved trial burn plan, and shall
submit the results of all the determinations required in par. (f). This
submission shall be made within 90 days of completion of the trial burn, or
later if approved by the department.
(i) All data collected during any trial burn
shall be submitted to the department following the completion of the trial
burn.
(j) All submissions required
by this subsection shall be certified on behalf of the applicant by the
signature of a person authorized to sign a license application or a report
under s.
NR 670.011.
(k) Based on the results of the trial burn,
the department shall set the operating requirements in the final license
according to s.
NR 664.0345. The license modification shall proceed
according to s.
NR 670.042.
(3) For the purposes of allowing operation of
a new hazardous waste incinerator following completion of the trial burn and
prior to final modification of the license conditions to reflect the trial burn
results, the department may establish license conditions, including but not
limited to allowable waste feeds and operating conditions sufficient to meet s.
NR 664.0345, in the license to a new hazardous waste
incinerator. These license conditions will be effective for the minimum time
required to complete sample analysis, data computation and submission of the
trial burn results by the applicant, and modification of the facility license
by the department.
(a) Applicants shall
submit a statement, with the feasibility and plan of operation report, which
identifies the conditions necessary to operate in compliance with the
performance standards of s.
NR 664.0343, during this period. This statement shall
include, at a minimum, restrictions on waste constituents, waste feed rates and
the operating parameters in s.
NR 664.0345.
(b) The department will review this statement
and any other relevant information submitted with the feasibility and plan of
operation report and specify those requirements for this period most likely to
meet the performance standards of s.
NR 664.0343
based on the department's engineering judgment.
(4) For the purpose of determining
feasibility of compliance with the performance standards of s.
NR 664.0343
and of determining adequate operating conditions under s.
NR 664.0345, the applicant for a license for an existing
hazardous waste incinerator shall prepare and submit a trial burn plan and
perform a trial burn according to s.
NR 670.019(2) and subs. (2) (b) to (e)
and (2) (g) to (j) or, instead, submit other information as specified in s.
NR 670.019(3). The department shall
announce the department's intention to approve the trial burn plan according to
the timing and distribution requirements of sub. (2) (f). The contents of the
notice shall include: the name and telephone number of a contact person at the
facility; the name and telephone number of a contact office at the department;
the location where the trial burn plan and any supporting documents can be
reviewed and copied; and a schedule of the activities that are required prior
to license issuance, including the anticipated time schedule for agency
approval of the plan and the time period during which the trial burn would be
conducted. Applicants submitting information under s.
NR 670.019 are exempt from compliance with ss.
NR 664.0343
and 664.0345 and, therefore, are exempt from the requirement to conduct a trial
burn. Applicants who submit trial burn plans and receive approval before
submission of a license application shall complete the trial burn and submit
the results, specified in sub. (2) (g), with the feasibility and plan of
operation report. If completion of this process conflicts with the date set for
submission of the feasibility and plan of operation report, the applicant shall
contact the department to establish a later date for submission of the
feasibility and plan of operation report or the trial burn results. Trial burn
results shall be submitted prior to issuance of the license. When the applicant
submits a trial burn plan with the feasibility and plan of operation report,
the department will specify a time period prior to license issuance in which
the trial burn shall be conducted and the results submitted.
