Section 665.1083. Standards: general.

 

(1)  This section applies to the management of hazardous waste in tanks, surface impoundments and containers subject to this subchapter.

(2)  The owner or operator shall control air pollutant emissions from each hazardous waste management unit according to the standards in ss. NR 665.1085 to 665.1088 , as applicable to the hazardous waste management unit, except as provided in sub. (3) .

(3)  A tank, surface impoundment or container is exempt from the standards in ss. NR 665.1085 to 665.1088 , as applicable, provided that the waste management unit is one of the following:

(a) A tank, surface impoundment or container for which all hazardous waste entering the unit has an average VO concentration at the point of waste origination of less than 500 parts per million by weight (ppmw). Determine the average VO concentration using the procedures in s. NR 665.1084 (1) . Review and update, as necessary, this determination at least once every 12 months following the date of the initial determination for the hazardous waste streams entering the unit.

(b) A tank, surface impoundment or container for which the organic content of all the hazardous waste entering the waste management unit has been reduced by an organic destruction or removal process that achieves any one of the following conditions:

1. A process that removes or destroys the organics contained in the hazardous waste to a level such that the average VO concentration of the hazardous waste at the point of waste treatment is less than the exit concentration limit (C t ) established for the process. Determine the average VO concentration of the hazardous waste at the point of waste treatment and the exit concentration limit for the process using the procedures in s. NR 665.1084 (2) .

2. A process that removes or destroys the organics contained in the hazardous waste to a level such that the organic reduction efficiency (R) for the process is equal to or greater than 95 percent, and the average VO concentration of the hazardous waste at the point of waste treatment is less than 100 ppmw. Determine the organic reduction efficiency for the process and the average VO concentration of the hazardous waste at the point of waste treatment using the procedures in s. NR 665.1084 (2) .

3. A process that removes or destroys the organics contained in the hazardous waste to a level such that the actual organic mass removal rate (MR) for the process is equal to or greater than the required organic mass removal rate (RMR) established for the process. Determine the required organic mass removal rate and the actual organic mass removal rate for the process using the procedures in s. NR 665.1084 (2) .

4. A biological process that destroys or degrades the organics contained in the hazardous waste, such that any of the following conditions is met:

a. The organic reduction efficiency (R) for the process is equal to or greater than 95 percent, and the organic biodegradation efficiency (R bio ) for the process is equal to or greater than 95 percent. Determine the organic reduction efficiency and the organic biodegradation efficiency for the process using the procedures in s. NR 665.1084 (2) .

b. The total actual organic mass biodegradation rate (MR bio ) for all hazardous waste treated by the process is equal to or greater than the required organic mass removal rate (RMR). Determine the required organic mass removal rate and the actual organic mass biodegradation rate for the process using the procedures in s. NR 665.1084 (2) .

5. A process that removes or destroys the organics contained in the hazardous waste and meets all of the following conditions:

a. From the point of waste origination through the point where the hazardous waste enters the treatment process, the hazardous waste is managed continuously in waste management units which use air emission controls according to the standards in ss. NR 665.1085 to 665.1088 , as applicable to the waste management unit.

b. From the point of waste origination through the point where the hazardous waste enters the treatment process, any transfer of the hazardous waste is accomplished through continuous hard-piping or other closed system transfer that does not allow exposure of the waste to the atmosphere. A drain system that meets 40 CFR part 63 , subpart RR—National Emission Standards for Individual Drain Systems is a closed system.

c. The average VO concentration of the hazardous waste at the point of waste treatment is less than the lowest average VO concentration at the point of waste origination determined for each of the individual waste streams entering the process or 500 ppmw, whichever value is lower. Determine the average VO concentration of each individual waste stream at the point of waste origination using the procedures in s. NR 665.1084 (1) . Determine the average VO concentration of the hazardous waste at the point of waste treatment using the procedures in s. NR 665.1084 (2) .

6. A process that removes or destroys the organics contained in the hazardous waste to a level such that the organic reduction efficiency (R) for the process is equal to or greater than 95 percent and the owner or operator certifies that the average VO concentration at the point of waste origination for each of the individual waste streams entering the process is less than 10,000 ppmw. Determine the organic reduction efficiency for the process and the average VO concentration of the hazardous waste at the point of waste origination using the procedures in s. NR 665.1084 (2) and (1) , respectively.

7. A hazardous waste incinerator for which any of the following conditions has been met:

a. The owner or operator has been issued an operating license under ch. NR 670 which implements subch. O of ch. NR 664 .

b. The owner or operator has designed and operates the incinerator according to the interim license requirements of subch. O .

8. A boiler or industrial furnace for which any of the following conditions has been met:

a. The owner or operator has been issued an operating license under ch. NR 670 which implements subch. H of ch. NR 666 .

b. The owner or operator has designed and operates the boiler or industrial furnace according to the interim license requirements of subch. H of ch. NR 666 .

9. For the purpose of determining the performance of an organic destruction or removal process according to subds. 1. to 6. , the owner or operator shall account for VO concentrations determined to be below the limit of detection of the analytical method using the following VO concentration:

a. If Method 25D in appendix A of 40 CFR part 60 , incorporated by reference in s. NR 660.11 , is used for the analysis, one-half the blank value determined in the method at section 4.4, or a value of 25 ppmw, whichever is less.

b. If any other analytical method is used, one-half the sum of the limits of detection established for each organic constituent in the waste that has a Henry's law constant value at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x 10 -6 atmospheres/gram-mole/m 3 ] at 25 ° C.

(c) A tank or surface impoundment used for biological treatment of hazardous waste according to par. (b) 4.

(d) A tank, surface impoundment or container for which all hazardous waste placed in the unit meets any of the following conditions:

1. The waste meets the numerical concentration limits for organic hazardous constituents, applicable to the hazardous waste, as specified in ch. NR 668 —Hazardous Waste Land Disposal Restrictions under Table "Treatment Standards for Hazardous Waste" in s. NR 668.40 .

2. The organic hazardous constituents in the waste have been treated by the treatment technology established by the department for the waste in s. NR 668.42 (1) , or have been removed or destroyed by an equivalent method of treatment approved by EPA pursuant to 40 CFR 268.42 (b).

(e) A tank used for bulk feed of hazardous waste to a waste incinerator and all of the following conditions are met:

1. The tank is located inside an enclosure vented to a control device that is designed and operated according to all applicable requirements in 40 CFR part 61 , subpart FF—National Emission Standards for Benzene Waste Operations, for a facility at which the total annual benzene quantity from the facility waste is equal to or greater than 10 megagrams per year.

2. The enclosure and control device serving the tank were installed and began operation prior to June 1, 1998.

3. The enclosure is designed and operated according to the criteria for a permanent total enclosure in Method 204—"Criteria for and Verification of a Permanent or Temporary Total Enclosure" of appendix M of 40 CFR part 51 , incorporated by reference in s. NR 660.11 . The enclosure may have permanent or temporary openings to allow worker access, passage of material into or out of the enclosure by conveyor, vehicles or other mechanical or electrical equipment or to direct air flow into the enclosure. Perform the verification procedure for the enclosure in Section 8 of Method 204 annually.

(4)  The department may at any time perform or request that the owner or operator perform a waste determination for a hazardous waste managed in a tank, surface impoundment or container exempted from using air emission controls under this section as follows:

(a) Perform the waste determination for average VO concentration of a hazardous waste at the point of waste origination using direct measurement according to the applicable requirements of s. NR 665.1084 (1) . Perform the waste determination for a hazardous waste at the point of waste treatment according to the applicable requirements of s. NR 665.1084 (2) .

(b) In performing a waste determination pursuant to par. (a) , conduct the sample preparation and analysis as follows:

1. According to the method used by the owner or operator to perform the waste analysis, except in the case specified in subd. 2.

2. If the department determines that the method used by the owner or operator was not appropriate for the hazardous waste managed in the tank, surface impoundment or container, then the department may choose an appropriate method.

(c) In a case when the owner or operator is requested to perform the waste determination, the department may elect to have an authorized representative observe the collection of the hazardous waste samples used for the analysis.

(d) In a case when the results of the waste determination performed or requested by the department do not agree with the results of a waste determination performed by the owner or operator using knowledge of the waste, the department may use the results of the waste determination performed according to par. (a) to establish compliance with this subchapter.

(e) In a case when the owner or operator has used an averaging period greater than one hour for determining the average VO concentration of a hazardous waste at the point of waste origination, the department may elect to establish compliance with this subchapter by performing, or requesting that the owner or operator perform, a waste determination using direct measurement based on waste samples collected within a one-hour period as follows:

1. Determine the average VO concentration of the hazardous waste at the point of waste origination by direct measurement according to s. NR 665.1084 (1) .

2. Results of the waste determination performed or requested by the department showing that the average VO concentration of the hazardous waste at the point of waste origination is equal to or greater than 500 ppmw shall constitute noncompliance with this subchapter except in a case provided for in subd. 3.

3. For the case when the average VO concentration of the hazardous waste at the point of waste origination previously has been determined by the owner or operator using an averaging period greater than one hour to be less than 500 ppmw but because of normal operating process variations the VO concentration of the hazardous waste determined by direct measurement for any given one-hour period may be equal to or greater than 500 ppmw, the department shall consider information that was used by the owner or operator to determine the average VO concentration of the hazardous waste (e.g., test results, measurements, calculations and other documentation) and recorded in the facility records according to ss. NR 665.1084 (1) and 665.1090 together with the results of the waste determination performed or requested by the department in establishing compliance with this subchapter.

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06.