Section 666.109. Low risk waste exemption.

 

(1)   Waiver of DRE standard . The DRE standard of s. NR 666.104 (1) does not apply if the boiler or industrial furnace is operated in conformance with par. (a) and the owner or operator demonstrates by procedures prescribed in par. (b) that the burning will not result in unacceptable adverse health effects.

(a) The device shall be operated with all of the following conditions:

1. A minimum of 50% of fuel fired to the device shall be fossil fuel, fuels derived from fossil fuel, tall oil, or, if approved by the department on a case-by-case basis, other nonhazardous fuel with combustion characteristics comparable to fossil fuel. Such fuels are termed primary fuel for purposes of this section. (Tall oil is a fuel derived from vegetable and rosin fatty acids.) The 50% primary fuel firing rate shall be determined on a total heat or mass input basis, whichever results in the greater mass feed rate of primary fuel fired.

2. Primary fuels and hazardous waste fuels shall have a minimum as-fired heating value of 8,000 Btu/lb.

3. The hazardous waste shall be fired directly into the primary fuel flame zone of the combustion chamber.

4. The device shall operate in conformance with the carbon monoxide controls provided by s. NR 666.104 (2) (a) . Devices subject to the exemption provided by this section are not eligible for the alternative carbon monoxide controls provided by s. NR 666.104 (3) .

(b) Procedures to demonstrate that the hazardous waste burning will not pose unacceptable adverse public health effects are all of the following:

1. Identify and quantify those nonmetal compounds listed in ch. NR 661 Appendix VIII that could reasonably be expected to be present in the hazardous waste. The constituents excluded from analysis shall be identified and the basis for their exclusion explained.

2. Calculate reasonable, worst case emission rates for each constituent identified in subd. 1. by assuming the device achieves 99.9% destruction and removal efficiency. That is, assume that 0.1% of the mass weight of each constituent fed to the device is emitted.

3. For each constituent identified in subd. 1. , use emissions dispersion modeling to predict the maximum annual average ground level concentration of the constituent.

a. Dispersion modeling shall be conducted using methods specified in s. NR 666.106 (8) .

b. Owners and operators of facilities with more than one on-site stack from a boiler or industrial furnace that is exempt under this section shall conduct dispersion modeling of emissions from all stacks exempt under this section to predict ambient levels prescribed by this subdivision.

4. Ground level concentrations of constituents predicted under subd. 3. may not exceed all of the following levels:

a. For the noncarcinogenic compounds listed in ch. NR 666 Appendix IV , the levels established in ch. NR 666 Appendix IV .

b. For the carcinogenic compounds listed in ch. NR 666 Appendix V , the sum for all constituents of the ratios of the actual ground level concentration to the level established in ch. NR 666 Appendix V cannot exceed 1.0.

c. For constituents not listed in ch. NR 666 Appendix IV or V , 0.1 micrograms per cubic meter.

(2)   Waiver of particular matter standard . The particulate matter standard of s. NR 666.105 does not apply if both of the following conditions are met:

(a) The DRE standard is waived under sub. (1) .

(b) The owner or operator complies with the Tier I or adjusted Tier I metals feed rate screening limits provided by s. NR 666.106 (2) or (5) .

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