Section 666.102. License standards for burners.

 

(1)   Applicability.

(a) General. Owners and operators of boilers and industrial furnaces burning hazardous waste and not operating under an interim license shall comply with this section and ss. NR 670.022 and 670.066 , unless exempt under the small quantity burner exemption of s. NR 666.108 .

(b) Applicability of ch. NR 664 standards. Owners and operators of boilers and industrial furnaces that burn hazardous waste are subject to the following provisions of ch. NR 664 , except as provided otherwise by this subchapter:

1. In subch. A of ch. NR 664 (General), s. NR 664.0004 .

2. In subch. B of ch. NR 664 (General facility standards), s. NR 664.0011 to 664.0018 .

3. In subch. C of ch. NR 664 (Preparedness and prevention), ss. NR 664.0031 to 664.0037 .

4. In subch. D of ch. NR 664 (Contingency plan and emergency procedures), ss. NR 664.0051 to 664.0056 .

5. In subch. E of ch. NR 664 (Manifest system, recordkeeping and reporting), the applicable provisions of ss. NR 664.0071 to 664.0077 .

6. In subch. F of ch. NR 664 (Corrective Action), ss. NR 664.0090 and 664.0101 .

7. In subch. G of ch. NR 664 (Closure and post-closure), ss. NR 664.0111 to 664.0115 .

8. In subch. H of ch. NR 664 (Financial requirements), ss. NR 664.0141 , 664.0142 , 664.0143 and 664.0147 to 664.0151 , except that states and the federal government are exempt from s. NR 664.0147 .

9. Subchapter BB of ch. NR 664 (Air emission standards for equipment leaks), except s. NR 664.1050 (1) .

(2)   Hazardous waste analysis.

(a) The owner or operator shall provide an analysis of the hazardous waste that quantifies the concentration of any constituent identified in ch. NR 661 Appendix VIII that may reasonably be expected to be in the waste. Such constituents shall be identified and quantified if present, at levels detectable by analytical procedures prescribed by Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846, incorporated by reference in s. NR 660.11 . Alternative methods that meet or exceed the method performance capabilities of SW-846 methods may be used. If SW-846 does not prescribe a method for a particular determination, the owner or operator shall use the best available method. The ch. NR 661 Appendix VIII constituents excluded from this analysis shall be identified and the basis for their exclusion explained. This analysis shall be used to provide all information required by this subchapter and ss. NR 670.022 and 670.066 and to enable the department to prescribe such license conditions as necessary to protect human health and the environment. Such analysis shall be included as a portion of the feasibility and plan of operation report, or, for facilities operating under the interim license standards of this subchapter, as a portion of the trial burn plan that may be submitted before the feasibility and plan of operation report under provisions of s. NR 670.066 (7) as well as any other analysis required by the department in preparing the license. Owners and operators of boilers and industrial furnaces not operating under the interim license standards shall provide the information required by s. NR 670.022 or 670.066 (3) in the feasibility and plan of operation report to the greatest extent possible.

(b) Throughout normal operation, the owner or operator shall conduct sampling and analysis as necessary to ensure that the hazardous waste, other fuels, and industrial furnace feedstocks fired into the boiler or industrial furnace are within the physical and chemical composition limits specified in the license.

(3)   Emissions standards. Owners and operators shall comply with emissions standards provided by ss. NR 666.104 to 666.107 .

(4)   Licenses.

(a) The owner or operator may burn only hazardous wastes specified in the facility license and only under the operating conditions specified under sub. (5) , except in approved trial burns under the conditions specified in s. NR 670.066 .

(b) Hazardous wastes not specified in the license may not be burned until operating conditions have been specified under a new license or license modification, as applicable. Operating requirements for new wastes may be based on either trial burn results or alternative data included with feasibility and plan of operation report under s. NR 670.022 .

(c) Boilers and industrial furnaces operating under the interim license standards of s. NR 666.103 are permitted under procedures provided by s. NR 670.066 (7) .

(d) A license for a new boiler or industrial furnace (those boilers and industrial furnaces not operating under the interim license standards) shall establish appropriate conditions for each of the applicable requirements of this section, including but not limited to allowable hazardous waste firing rates and operating conditions necessary to meet sub. (5) , in order to comply with all of the following standards:

1. 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 device to a point of operational readiness to conduct a trial burn, not to exceed a duration of 720 hours operating time when burning hazardous waste, the operating requirements shall be those most likely to ensure compliance with the emission standards of ss. NR 666.104 to 666.107 , based on the department's engineering judgment. If the applicant is seeking a waiver from a trial burn to demonstrate conformance with a particular emission standard, the operating requirements during this initial period of operation shall include those specified by the applicable provisions of s. NR 666.104 , 666.105 , 666.106 or 666.107 . The department may extend the duration of this period for up to 720 additional hours when good cause for the extension is demonstrated by the applicant.

2. For the duration of the trial burn, the operating requirements shall be sufficient to demonstrate compliance with the emissions standards of ss. NR 666.104 to 666.107 and shall be in accordance with the approved trial burn plan.

3. For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, submission of the trial burn results by the applicant, review of the trial burn results and modification of the facility license by the department to reflect the trial burn results, the operating requirements shall be those most likely to ensure compliance with the emission standards of ss. NR 666.104 to 666.107 based on the department's engineering judgment.

4. For the remaining duration of the license, the operating requirements shall be those demonstrated in a trial burn or by alternative data specified in s. NR 670.022 , as sufficient to ensure compliance with the emissions standards of ss. NR 666.104 to 666.107 .

(5)   Operating requirements.

(a) General. A boiler or industrial furnace burning hazardous waste shall be operated in accordance with the operating requirements specified in the license at all times where there is hazardous waste in the unit.

(b) Requirements to ensure compliance with the organic emissions standards.

1. `DRE standard.' Operating conditions shall be specified either on a case-by-case basis for each hazardous waste burned as those demonstrated (in a trial burn or by alternative data as specified in s. NR 670.022 ) to be sufficient to comply with the destruction and removal efficiency (DRE) performance standard of s. NR 666.104 (1) or as those special operating requirements provided by s. NR 666.104 (1) (d) for the waiver of the DRE trial burn. When the DRE trial burn is not waived under s. NR 666.104 (1) (d) , each set of operating requirements shall specify the composition of the hazardous waste (including acceptable variations in the physical and chemical properties of the hazardous waste which will not affect compliance with the DRE performance standard) to which the operating requirements apply. For each such hazardous waste, the license shall specify acceptable operating limits including, but not limited to, the following conditions as appropriate:

a. Feed rate of hazardous waste and other fuels measured and specified as prescribed in par. (f) .

b. Minimum and maximum device production rate when producing normal product expressed in appropriate units, measured and specified as prescribed in par. (f) .

c. Appropriate controls of the hazardous waste firing system.

d. Allowable variation in boiler and industrial furnace system design or operating procedures.

e. Minimum combustion gas temperature measured at a location indicative of combustion chamber temperature, measured and specified as prescribed in par. (f) .

f. An appropriate indicator of combustion gas velocity, measured and specified as prescribed in par. (f) , unless documentation is provided under s. NR 670.066 demonstrating adequate combustion gas residence time.

g. Such other operating requirements as are necessary to ensure that the DRE performance standard of s. NR 666.104 (1) is met.

2. `Carbon monoxide and hydrocarbon standards.' The license shall incorporate a carbon monoxide (CO) limit and, as appropriate, a hydrocarbon (HC) limit as provided by s. NR 666.104 (2) , (3) , (4) , (5) and (6) . The license limits shall be specified as follows:

a. When complying with the CO standard of s. NR 666.104 (2) (a) , the license limit is 100 ppmv.

b. When complying with the alternative CO standard under s. NR 666.104 (3) , the license limit for CO is based on the trial burn and is established as the average over all valid runs of the highest hourly rolling average CO level of each run, and the license limit for HC is 20 ppmv (as defined in s. NR 666.104 (3) (a) ), except as provided in s. NR 666.104 (6) .

c. When complying with the alternative HC limit for industrial furnaces under s. NR 666.104 (6) , the license limit for HC and CO is the baseline level when hazardous waste is not burned as specified by that subsection.

3. `Startup and shutdown.' During startup and shutdown of the boiler or industrial furnace, hazardous waste (except waste fed solely as an ingredient under the Tier I (or adjusted Tier I) feed rate screening limits for metals and chloride or chlorine, and except low risk waste exempt from the trial burn requirements under ss. NR 666.104 (1) (e) , 666.105 , 666.106 and 666.107 ) may not be fed into the device unless the device is operating within the conditions of operation specified in the license.

(c) Requirements to ensure conformance with the particulate standard.

1. Except as provided in subds. 2. and 3. , the license shall specify the following operating requirements to ensure conformance with the particulate standard specified in s. NR 666.105 :

a. Total ash feed rate to the device from hazardous waste, other fuels and industrial furnace feedstocks, measured and specified as prescribed in par. (f) .

b. Maximum device production rate when producing normal product expressed in appropriate units, and measured and specified as prescribed in par. (f) .

c. Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system.

d. Allowable variation in boiler and industrial furnace system design including any air pollution control system or operating procedures.

e. Such other operating requirements as are necessary to ensure that the particulate standard in s. NR 666.111 (2) is met.

2. License conditions to ensure conformance with the particulate matter standard may not be provided for facilities exempt from the particulate matter standard under s. NR 666.105 (2) .

3. For cement kilns and light-weight aggregate kilns, license conditions to ensure compliance with the particulate standard may not limit the ash content of hazardous waste or other feed materials.

(d) Requirements to ensure conformance with the metals emissions standard.

1. For conformance with the Tier I (or adjusted Tier I) metals feed rate screening limits of s. NR 666.106 (2) or (5) , the license shall specify the following operating requirements:

a. Total feed rate of each metal in hazardous waste, other fuels, and industrial furnace feedstocks measured and specified under provisions of par. (f) .

b. Total feed rate of hazardous waste measured and specified as prescribed in par. (f) .

c. A sampling and metals analysis program for the hazardous waste, other fuels and industrial furnace feedstocks.

2. For conformance with the Tier II metals emission rate screening limits under s. NR 666.106 (3) and the Tier III metals controls under s. NR 666.106 (4) , the license shall specify the following operating requirements:

a. Maximum emission rate for each metal specified as the average emission rate during the trial burn.

b. Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in par. (f) 1.

c. Feed rate of each metal in the following feedstreams, measured and specified as prescribed in par. (f) :

1) Total feedstreams.

2) Total hazardous waste feed.

3) Total pumpable hazardous waste feed.

d. Total feed rate of chlorine and chloride in total feedstreams measured and specified as prescribed in par. (f) .

e. Maximum combustion gas temperature measured at a location indicative of combustion chamber temperature, and measured and specified as prescribed in par. (f) .

f. Maximum flue gas temperature at the inlet to the particulate matter air pollution control system measured and specified as prescribed in par. (f) .

g. Maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in par. (f) .

h. Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system.

i. Allowable variation in boiler and industrial furnace system design including any air pollution control system or operating procedures.

j. Such other operating requirements as are necessary to ensure that the metals standards under s. NR 666.106 (3) or (4) are met.

3. For conformance with an alternative implementation approach approved by the department under s. NR 666.106 (6) , the license shall specify all of the following operating requirements:

a. Maximum emission rate for each metal specified as the average emission rate during the trial burn.

b. Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in par. (f) 1.

c. Feed rate of each metal in the following feedstreams, measured and specified as prescribed in par. (f) :

1) Total hazardous waste feed.

2) Total pumpable hazardous waste feed.

d. Total feed rate of chlorine and chloride in total feedstreams measured and specified prescribed in par. (f) .

e. Maximum combustion gas temperature measured at a location indicative of combustion chamber temperature, and measured and specified as prescribed in par. (f) .

f. Maximum flue gas temperature at the inlet to the particulate matter air pollution control system measured and specified as prescribed in par. (f) .

g. Maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in par. (f) .

h. Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system.

i. Allowable variation in boiler and industrial furnace system design including any air pollution control system or operating procedures.

j. Such other operating requirements as are necessary to ensure that the metals standards under s. NR 666.106 (3) or (4) are met.

(e) Requirements to ensure conformance with the hydrogen chloride and chlorine gas standards.

1. For conformance with the Tier I total chloride and chlorine feed rate screening limits of s. NR 666.107 (2) (a) , the license shall specify all of the following operating requirements:

a. Feed rate of total chloride and chlorine in hazardous waste, other fuels, and industrial furnace feedstocks measured and specified as prescribed in par. (f) .

b. Feed rate of total hazardous waste measured and specified as prescribed in par. (f) .

c. A sampling and analysis program for total chloride and chlorine for the hazardous waste, other fuels and industrial furnace feedstocks.

2. For conformance with the Tier II HCl and Cl 2 emission rate screening limits under s. NR 666.107 (2) (b) and the Tier III HCl and Cl 2 controls under s. NR 666.107 (3) , the license shall specify the following operating requirements:

a. Maximum emission rate for HCl and for Cl 2 specified as the average emission rate during the trial burn.

b. Feed rate of total hazardous waste measured and specified as prescribed in par. (f) .

c. Total feed rate of chlorine and chloride in total feedstreams, measured and specified as prescribed in par. (f) .

d. Maximum device production rate when producing normal product expressed in appropriate units, measured and specified as prescribed in par. (f) .

e. Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system.

f. Allowable variation in boiler and industrial furnace system design including any air pollution control system or operating procedures.

g. Such other operating requirements as are necessary to ensure that the HCl and Cl 2 standards under s. NR 666.107 (2) (b) or (3) are met.

(f) Measuring parameters and establishing limits based on trial burn data.

1. `General requirements.' As specified in pars. (b) to (e) , each operating parameter shall be measured, and license limits on the parameter shall be established, according to either of the following procedures:

a. A parameter may be measured and recorded on an instantaneous basis (i.e., the value that occurs at any time) and the license limit specified as the time-weighted average during all valid runs of the trial burn.

b. 1)The limit for a parameter may be established and continuously monitored on an hourly rolling average basis defined as follows:

a) A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each 15 seconds, and computes and records the average value at least every 60 seconds.

b) An hourly rolling average is the arithmetic mean of the 60 most recent 1-minute average values recorded by the continuous monitoring system.

2) The license limit for the parameter shall be established based on trial burn data as the average over all valid test runs of the highest hourly rolling average value for each run.

2. `Rolling average limits for carcinogenic metals and lead.' Feed rate limits for the carcinogenic metals (i.e., arsenic, beryllium, cadmium and chromium) and lead may be established either on an hourly rolling average basis as prescribed by subd. 1. or on (up to) a 24 hour rolling average basis. If the owner or operator elects to use an average period from 2 to 24 hours:

a. The feed rate of each metal shall be limited at any time to 10 times the feed rate that would be allowed on an hourly rolling average basis.

b. The continuous monitor shall meet all of the following specifications:

1) A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each 15 seconds, and computes and records the average value at least every 60 seconds.

2) The rolling average for the selected averaging period is defined as the arithmetic mean of one hour block averages for the averaging period. A one hour block average is the arithmetic mean of the one minute averages recorded during the 60-minute period beginning at one minute after the beginning of preceding clock hour.

c. The license limit for the feed rate of each metal shall be established based on trial burn data as the average over all valid test runs of the highest hourly rolling average feed rate for each run.

3. `Feed rate limits for metals, total chloride and chlorine, and ash.' Feed rate limits for metals, total chlorine and chloride, and ash are established and monitored by knowing the concentration of the substance (i.e., metals, chloride and chlorine, and ash) in each feedstream and the flow rate of the feedstream. To monitor the feed rate of these substances, the flow rate of each feedstream shall be monitored under the continuous monitoring requirements of subds. 1. and 2.

4. `Conduct of trial burn testing.'

a. If compliance with all applicable emissions standards of ss. NR 666.104 to 666.107 is not demonstrated simultaneously during a set of test runs, the operating conditions of additional test runs required to demonstrate compliance with remaining emissions standards shall be as close as possible to the original operating conditions.

b. Prior to obtaining test data for purposes of demonstrating compliance with the emissions standards of ss. NR 666.104 to 666.107 or establishing limits on operating parameters under this section, the facility shall operate under trial burn conditions for a sufficient period to reach steady-state operations. The department may determine, however, that industrial furnaces that recycle collected particulate matter back into the furnace and that comply with an alternative implementation approach for metals under s. NR 666.106 (6) need not reach steady state conditions with respect to the flow of metals in the system prior to beginning compliance testing for metals emissions.

c. Trial burn data on the level of an operating parameter for which a limit shall be established in the license shall be obtained during emissions sampling for the pollutant or pollutants (i.e., metals, PM, HCl/Cl 2 , organic compounds) for which the parameter shall be established as specified by this subsection.

(g) General requirements.

1. `Fugitive emissions.' Fugitive emissions shall be controlled by one of the following:

a. Keeping the combustion zone totally sealed against fugitive emissions.

b. Maintaining the combustion zone pressure lower than atmospheric pressure.

c. An alternate means of control demonstrated (with the feasibility and plan of operation report) to provide fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure.

2. `Automatic waste feed cutoff.' A boiler or industrial furnace shall be operated with a functioning system that automatically cuts off the hazardous waste feed when operating conditions deviate from those established under this section. The department may limit the number of cutoffs per an operating period on a case-by-case basis. In addition, all of the following conditions shall be met:

a. The license limit for (the indicator of) minimum combustion chamber temperature shall be maintained while hazardous waste or hazardous waste residues remain in the combustion chamber.

b. Exhaust gases shall be ducted to the air pollution control system operated in accordance with the license requirements while hazardous waste or hazardous waste residues remain in the combustion chamber.

c. Operating parameters for which license limits are established shall continue to be monitored during the cutoff, and the hazardous waste feed may not be restarted until the levels of those parameters comply with the license limits. For parameters that may be monitored on an instantaneous basis, the department shall establish a minimum period of time after a waste feed cutoff during which the parameter may not exceed the license limit before the hazardous waste feed may be restarted.

3. `Changes.' A boiler or industrial furnace shall cease burning hazardous waste when changes in combustion properties, or feed rates of the hazardous waste, other fuels or industrial furnace feedstocks, or changes in the boiler or industrial furnace design or operating conditions deviate from the limits as specified in the license.

(h) Monitoring and inspections.

1. The owner or operator shall monitor and record all of the following, at a minimum, while burning hazardous waste:

a. If specified by the license, feed rates and composition of hazardous waste, other fuels and industrial furnace feedstocks, and feed rates of ash, metals, and total chloride and chlorine.

b. If specified by the license, carbon monoxide (CO), hydrocarbons (HC) and oxygen on a continuous basis at a common point in the boiler or industrial furnace downstream of the combustion zone and prior to release of stack gases to the atmosphere in accordance with operating requirements specified in par. (b) 2. CO, HC and oxygen monitors shall be installed, operated and maintained in accordance with methods specified in ch. NR 666 Appendix IX .

c. Upon the request of the department, sampling and analysis of the hazardous waste (and other fuels and industrial furnace feedstocks as appropriate), residues and exhaust emissions shall be conducted to verify that the operating requirements established in the license achieve the applicable standards of ss. NR 666.104 , 666.105 , 666.106 and 666.107 .

2. All monitors shall record data in units corresponding to the license limit unless otherwise specified in the license.

3. The boiler or industrial furnace and associated equipment (pumps, values, pipes, fuel storage tanks, etc.) shall be subjected to thorough visual inspection when it contains hazardous waste, at least daily for leaks, spills, fugitive emissions and signs of tampering.

4. The automatic hazardous waste feed cutoff system and associated alarms shall be tested at least once every 7 days when hazardous waste is burned to verify operability, unless the applicant demonstrates to the department that weekly inspections will unduly restrict or upset operations and that less frequent inspections will be adequate. At a minimum, operational testing shall be conducted at least once every 30 days.

5. These monitoring and inspection data shall be recorded and the records shall be placed in the operating record required by s. NR 664.0073 .

(i) Direct transfer to the burner. If hazardous waste is directly transferred from a transport vehicle to a boiler or industrial furnace without the use of a storage unit, the owner and operator shall comply with s. NR 666.111 .

(j) Recordkeeping. The owner or operator shall keep in the operating record of the facility all information and data required by this section until closure of the facility.

(k) Closure. At closure, the owner or operator shall remove all hazardous waste and hazardous waste residues (including, but not limited to, ash, scrubber waters and scrubber sludges) from the boiler or industrial furnace.

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06; corrections in (1) (b) 9., (5) (h) 1. b. made under s. 13.92 (4) (b) 7. , Stats., Register March 2013 No. 687 .