Current through August 26, 2024
When an owner or operator of a cement kiln, lightweight
aggregate kiln, solid 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 kiln, lightweight
aggregate kiln, solid 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(b)
documenting compliance with all applicable requirements of 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 s.
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 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 the provisions apply,
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) GENERAL. Owners and operators of new
boilers and industrial furnaces, those not operating under the interim license
standards of s.
NR 666.103, are subject to subs. (2) to (6). Boilers and
industrial furnaces operating under the interim license standards of s.
NR 666.103 are subject to sub. (7).
(2) LICENSE OPERATING PERIODS FOR NEW BOILERS
AND INDUSTRIAL FURNACES. A license for a new boiler or industrial furnace shall
specify appropriate conditions for the following operating periods:
(a)
Pretrial burn period.
For the period beginning with initial introduction of hazardous waste and
ending with initiation of the trial burn, and only for the minimum time
required to bring the boiler or industrial furnace to a point of operational
readiness to conduct a trial burn, not to exceed 720 hours operating time when
burning hazardous waste, the department shall establish in the pretrial burn
period of the license conditions, including but not limited to, allowable
hazardous waste feed rates and operating conditions. 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.
1.
Applicants shall submit a statement, with the feasibility and plan of operation
report, that suggests the conditions necessary to operate in compliance with
the standards of ss.
NR 666.104 to 666.107 during this period. This statement
shall include, at a minimum, restrictions on the applicable operating
requirements identified in s.
NR 666.102(5).
2. 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 ss.
NR 666.104 to 666.107 based on the department's
engineering judgment.
(b)
Trial burn period. For
the duration of the trial burn, the department shall establish conditions in
the license for the purposes of determining feasibility of compliance with the
performance standards of ss.
NR 666.104 to 666.107 and determining adequate operating
conditions under s.
NR 666.102(5). Applicants shall propose
a trial burn plan, prepared under sub. (3), to be submitted with the
feasibility and plan of operation report.
(c)
Post-trial burn period.
1. For the period immediately following
completion of the trial burn, and only for the minimum period sufficient to
allow sample analysis, data computation and submission of the trial burn
results by the applicant, and review of the trial burn results and modification
of the facility license by the department to reflect the trial burn results,
the department will establish the operating requirements most likely to ensure
compliance with the performance standards of ss.
NR 666.104 to 666.107 based on the department's
engineering judgment.
2. Applicants
shall submit a statement, with the feasibility and plan of operation report,
that identifies the conditions necessary to operate during this period in
compliance with the performance standards of ss.
NR 666.104 to 666.107. This statement shall include, at a
minimum, restrictions on the operating requirements provided by s.
NR 666.102(5).
3. 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 ss.
NR 666.104 to 666.107 based on the department's
engineering judgment.
(d)
Final license period.
For the final period of operation, the department will develop operating
requirements in conformance with s.
NR 666.102(5) that reflect conditions in
the trial burn plan and are likely to ensure compliance with the performance
standards of ss.
NR 666.104 to 666.107. Based on the trial burn results,
the department shall make any necessary modifications to the operating
requirements to ensure compliance with the performance standards. The license
modification shall proceed according to s.
NR 670.042.
(3) REQUIREMENTS FOR TRIAL BURN PLANS. The
trial burn plan shall include the following information. 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:
(a) An analysis of each feed stream,
including hazardous waste, other fuels and industrial furnace feed stocks, as
fired, that includes all of the following:
1.
Heating value, levels of antimony, arsenic, barium, beryllium, cadmium,
chromium, lead, mercury, silver, thallium, total chlorine or chloride and
ash.
2. Viscosity or description of
the physical form of the feed stream.
(b) An analysis of each hazardous waste, as
fired, including all of the following:
1. An
identification of any hazardous organic constituents listed in ch. NR 661
Appendix VIII that are present in the feed stream, except that the applicant
need not analyze for constituents listed in ch. NR 661 Appendix VIII that would
reasonably not be expected to be found in the hazardous waste. Include an
identification of the constituents excluded from analysis and an explanation of
the basis for this exclusion. Conduct the waste analysis according to
appropriate analytical techniques.
2. An approximate quantification of the
hazardous constituents identified in the waste, within the precision produced
by appropriate analytical methods.
3. A description of blending procedures, if
applicable, prior to firing the hazardous waste, including a detailed analysis
of the hazardous waste prior to blending, an analysis of the material with
which the hazardous waste is blended, and blending ratios.
(c) A detailed engineering description of the
boiler or industrial furnace, including all of the following:
1. Manufacturer's name and model number of
the boiler or industrial furnace.
2. Type of boiler or industrial
furnace.
3. Maximum design capacity
in appropriate units.
4.
Description of the feed system for the hazardous waste, and, as appropriate,
other fuels and industrial furnace feedstocks.
5. Capacity of hazardous waste feed
system.
6. Description of automatic
hazardous waste feed cutoff systems.
7. Description of any air pollution control
system.
8. Description of stack gas
monitoring and any pollution control monitoring systems.
(d) 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.
(e) A detailed test schedule for each
hazardous waste for which the trial burn is planned, including dates, duration,
quantity of hazardous waste to be burned and other factors relevant to the
department's decision under sub. (2) (b).
(f) A detailed test protocol, including, for
each hazardous waste identified, the ranges of hazardous waste feed rate, and,
as appropriate, the feed rates of other fuels and industrial furnace
feedstocks, and any other relevant parameters that may affect the ability of
the boiler or industrial furnace to meet the performance standards in ss.
NR 666.104 to 666.107.
(g) A description of, and planned operating
conditions for, any emission control equipment that will be used.
(h) Procedures for rapidly stopping the
hazardous waste feed and controlling emissions in the event of an equipment
malfunction.
(i) Other information
as the department reasonably finds necessary to determine whether to approve
the trial burn plan in light of the purposes of this paragraph and the criteria
in sub. (2) (b).
(4)
TRIAL BURN PROCEDURES.
(a) A trial burn shall
be conducted to demonstrate conformance with the standards of ss.
NR 666.104 to 666.107 under an approved trial burn
plan.
(b) 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 boiler or industrial furnace can meet the performance
standards of ss.
NR 666.104 to 666.107.
2. The trial burn itself will not present an
imminent hazard to human health and the environment.
3. The trial burn will help the department to
determine operating requirements to be specified under s.
NR 666.102(5).
4. The information sought in the trial burn
cannot reasonably be developed through other means.
(c) 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 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 applicant's contact person.
b.
The name and telephone number of the department.
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.
(d) 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 sub. (3). This submission shall be made within 90
days of completion of the trial burn, or later if approved by the
department.
(e) All data collected
during any trial burn shall be submitted to the department following completion
of the trial burn.
(f) All
submissions required by this paragraph 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.
(5) SPECIAL PROCEDURES FOR DRE TRIAL BURNS.
When a DRE trial burn is required under s.
NR 666.104(1), the department will
specify, based on the hazardous waste analysis data and other information in
the trial burn plan, as trial principal organic hazardous constituents (POHCs)
those compounds for which destruction and removal efficiencies shall be
calculated during the trial burn. These trial POHCs will be specified by the
department based on information including the department's estimate of the
difficulty of destroying the constituents identified in the hazardous waste
analysis, their concentrations or mass in the hazardous waste feed, and, for
hazardous waste containing or derived from wastes listed in subch. D of ch. NR
661, the hazardous waste organic constituents identified in ch. NR 661 Appendix
VII as the basis for listing.
(6)
DETERMINATIONS BASED ON TRIAL BURN. During each approved trial burn, or as soon
after the burn as is practicable, the applicant shall make all of the following
determinations:
(a) A quantitative analysis
of the levels of antimony, arsenic, barium, beryllium, cadmium, chromium, lead,
mercury, thallium, chlorine or chloride, and silver, in the feed streams,
hazardous waste, other fuels and industrial furnace feedstocks.
(b) When a DRE trial burn is required under
s.
NR 666.104(1), all of the following are
required:
1. A quantitative analysis of the
trial POHCs in the hazardous waste feed.
2. A quantitative analysis of the stack gas
for the concentration and mass emissions of the trial POHCs.
3. A computation of destruction and removal
efficiency (DRE), according to the DRE formula specified in s.
NR 666.104(1).
(c) When a trial burn for chlorinated dioxins
and furans is required under s.
NR 666.104(5), a quantitative analysis
of the stack gas for the concentration and mass emission rate of the
2,3,7,8-chlorinated tetra-octa congeners of chlorinated dibenzo-p-dioxins and
furans, and a computation showing conformance with the emission
standard.
(d) When a trial burn for
particulate matter, metals or HCl/Cl 2 is required under s.
NR 666.105, 666.106(3) or (4), or 666.107(2) (b) or (3),
a quantitative analysis of the stack gas for the concentrations and mass
emissions of particulate matter, metals, or hydrogen chloride (HCl) and
chlorine (Cl 2), and computations showing conformance with the applicable
emission performance standards.
(e)
When a trial burn for DRE, metals, or HCl/Cl 2 is required under s.
NR 666.104(1), 666.106(3) or (4), or
666.107(2) (b) or (3), a quantitative analysis of the scrubber water, if any,
ash residues, other residues and products for the purpose of estimating the
fate of the trial POHCs, metals and chlorine or chloride.
(f) An identification of sources of fugitive
emissions and their means of control.
(g) A continuous measurement of carbon
monoxide (CO), oxygen, and where required, hydrocarbons (HC), in the stack
gas.
(h) Other information as the
department may specify as necessary to ensure that the trial burn will
determine compliance with the performance standards in ss.
NR 666.104 to 666.107 and to establish the operating
conditions required by s.
NR 666.102(5) as necessary to meet those
performance standards.
(7) INTERIM LICENSED BOILERS AND INDUSTRIAL
FURNACES. For the purpose of determining feasibility of compliance with the
performance standards of ss.
NR 666.104 to 666.107 and of determining adequate
operating conditions under s.
NR 666.103, applicants owning or operating existing
boilers or industrial furnaces operated under the interim license standards of
s.
NR 666.103 shall either prepare and submit a trial burn
plan and perform a trial burn according to this section or submit other
information as specified in s.
NR 670.022(1) (f). The department shall
announce the department's intention to approve of the trial burn plan according
to the timing and distribution requirements of sub. (4) (c). 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 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 department approval of
the plan and the time periods during which the trial burn would be conducted.
Applicants who submit a trial burn plan and receive approval before submission
of the feasibility and plan of operation report shall complete the trial burn
and submit the results specified in sub. (6) 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. If the
applicant submits a trial burn plan with the feasibility and plan of operation
report, the trial burn shall be conducted and the results submitted within a
time period prior to license issuance to be specified by the
department.
