Section 670.022. Specific feasibility and plan of operation report information requirements for boilers and industrial furnaces burning hazardous waste.

  When an owner or operator of a cement or lightweight aggregate kiln demonstrates compliance with the air emission standards and limitations in 40 CFR part 63 , subpart EEE (i.e., by conducting a comprehensive performance test and submitting a notification of compliance under 40 CFR 63.1207 (j) and 40 CFR 63.1210 (b) 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 ss. NR 666.102 (5) (a) and 666.102 (5) (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. Nevertheless, 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 670.032 (2) (b) .

(1)   Trial burns.

(a) General. Except as provided below, owners and operators that are subject to the standards to control organic emissions provided by s. NR 666.104 , standards to control particulate matter provided by s. NR 666.105 , standards to control metals emissions provided by s. NR 666.106 , or standards to control hydrogen chloride or chlorine gas emissions provided by s. NR 666.107 shall conduct a trial burn to demonstrate conformance with those standards and shall submit a trial burn plan or the results of a trial burn, including all required determinations, according to s. NR 670.066 .

1. A trial burn to demonstrate conformance with a particular emission standard may be waived under ss. NR 666.104 to 666.107 and pars. (b) to (e) .

2. The owner or operator may submit data in lieu of a trial burn, as prescribed in par. (f) .

(b) Waiver of trial burn for DRE.

1. `Boilers operated under special operating requirements . ' When seeking to be licensed under ss. NR 666.104 (1) (d) and 666.110 that automatically waive the DRE trial burn, the owner or operator of a boiler shall submit documentation that the boiler operates under the special operating requirements provided by s. NR 666.110 .

2. `Boilers and industrial furnaces burning low risk waste . ' When seeking to be licensed under the provisions for low risk waste provided by ss. NR 666.104 (1) (e) and s. NR 666.109 (1) that waive the DRE trial burn, the owner or operator shall submit all of the following:

a. Documentation that the device is operated in conformance with s. NR 666.109 (1) (a) .

b. Results of analyses of each waste to be burned, documenting the concentrations of nonmetal compounds listed in ch. NR 661 Appendix VIII , except for those constituents that would reasonably not be expected to be in the waste. Identify the constituents excluded from analysis and explain the basis for their exclusion. The analysis shall rely on the analytical techniques in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA SW-846, incorporated by reference in s. NR 660.11 .

c. Documentation of hazardous waste firing rates and calculations of reasonable, worst-case emission rates of each constituent identified in subd. 2. b. using procedures provided by s. NR 666.109 (1) (b) 2.

d. Results of emissions dispersion modeling for emissions identified in subd. 2. c. using modeling procedures prescribed by s. NR 666.106 (8) . The department will review the emission modeling conducted by the applicant to determine conformance with these procedures. The department will either approve the modeling or determine that alternate or supplementary modeling is appropriate.

e. Documentation that the maximum annual average ground level concentration of each constituent identified in subd. 2. b. quantified in conformance with subd. 2. d. does not exceed the allowable ambient level established in ch. NR 666 Appendix IV or V . The acceptable ambient concentration for emitted constituents for which a specific reference air concentration has not been established in ch. NR 666 Appendix IV or risk specific dose has not been established in ch. NR 666 Appendix V is 0.1 micrograms per cubic meter, as noted in the footnote to ch. NR 666 Appendix IV .

(c) Waiver of trial burn for metals. When seeking to be licensed under the Tier I (or adjusted Tier I) metals feed rate screening limits provided by s. NR 666.106 (2) and (5) that control metals emissions without requiring a trial burn, the owner or operator shall submit all of the following:

1. Documentation of the feed rate of hazardous waste, other fuels and industrial furnace feed stocks.

2. Documentation of the concentration of each metal controlled by s. NR 666.106 (2) or (5) in the hazardous waste, other fuels and industrial furnace feedstocks, and calculations of the total feed rate of each metal.

3. Documentation of how the applicant will ensure that the Tier I feed rate screening limits provided by s. NR 666.106 (2) or (5) will not be exceeded during the averaging period provided by that subsection.

4. Documentation to support the determination of the terrain-adjusted effective stack height, good engineering practice stack height, terrain type and land use as provided by s. NR 666.106 (2) (c) to (e) .

5. Documentation of compliance with s. NR 666.106 (2) (f) , if applicable, for facilities with multiple stacks.

6. Documentation that the facility does not fail the criteria provided by s. NR 666.106 (2) (g) for eligibility to comply with the screening limits.

7. Proposed sampling and metals analysis plan for the hazardous waste, other fuels and industrial furnace feed stocks.

(d) Waiver of trial burn for particulate matter. When seeking to be licensed under the low risk waste provisions of s. NR 666.109 (2) which waives the particulate standard (and trial burn to demonstrate conformance with the particulate standard), applicants shall submit documentation supporting conformance with subs. (1) (b) 2. and (1) (c) .

(e) Waiver of trial burn for HCl and C1 2 . When seeking to be licensed under the Tier I (or adjusted Tier I) feed rate screening limits for total chloride and chlorine provided by s. NR 666.107 (2) (a) and (5) that control emissions of hydrogen chloride (HCl) and chlorine gas (Cl 2 ) without requiring a trial burn, the owner or operator shall submit all of the following:

1. Documentation of the feed rate of hazardous waste, other fuels and industrial furnace feed stocks.

2. Documentation of the levels of total chloride and chlorine in the hazardous waste, other fuels and industrial furnace feedstocks, and calculations of the total feed rate of total chloride and chlorine.

3. Documentation of how the applicant will ensure that the Tier I (or adjusted Tier I) feed rate screening limits provided by s. NR 666.107 (2) (a) or (5) will not be exceeded during the averaging period provided by that paragraph or subsection.

4. Documentation to support the determination of the terrain-adjusted effective stack height, good engineering practice stack height, terrain type and land use as provided by s. NR 666.107 (2) (c) .

5. Documentation of compliance with s. NR 666.107 (2) (d) , if applicable, for facilities with multiple stacks.

6. Documentation that the facility does not fail the criteria provided by s. NR 666.107 (2) (c) for eligibility to comply with the screening limits.

7. Proposed sampling and analysis plan for total chloride and chlorine for the hazardous waste, other fuels and industrial furnace feedstocks.

(f) Data in lieu of trial burn. The owner or operator may seek an exemption from the trial burn requirements to demonstrate conformance with ss. NR 666.104 to 666.107 and 670.066 by providing the information required by s. NR 670.066 from previous compliance testing of the device in conformance with s. NR 666.103 , or from compliance testing or trial or operational burns of similar boilers or industrial furnaces burning similar hazardous wastes under similar conditions. If data from a similar device is used to support a trial burn waiver, the design and operating information required by s. NR 670.066 shall be provided for both the similar device and the device to which the data is to be applied, and a comparison of the design and operating information shall be provided. The department shall approve a license application without a trial burn if the department finds that the hazardous wastes are sufficiently similar, the devices are sufficiently similar, the operating conditions are sufficiently similar and the data from other compliance tests, trial burns or operational burns are adequate to specify (under s. NR 666.102 ) operating conditions that will ensure conformance with s. NR 666.102 (3) . In addition, all of the following information shall be submitted:

1. For a waiver from any trial burn:

a. A description and analysis of the hazardous waste to be burned compared with the hazardous waste for which data from compliance testing, or operational or trial burns are provided to support the contention that a trial burn is not needed.

b. The design and operating conditions of the boiler or industrial furnace to be used, compared with that for which comparative burn data are available.

c. Supplemental information as the department finds necessary to achieve the purposes of this paragraph.

2. For a waiver of the DRE trial burn, the basis for selection of POHCs used in the other trial or operational burns which demonstrate compliance with the DRE performance standard in s. NR 666.104 (1) . This analysis shall specify the constituents in ch. NR 661 Appendix VIII , that the applicant has identified in the hazardous waste for which a license is sought, and any differences from the POHCs in the hazardous waste for which burn data are provided.

(2)   Alternative HC limit for industrial furnaces with organic matter in raw materials. Owners and operators of industrial furnaces requesting an alternative HC limit under s. NR 666.104 (6) shall submit all of the following information at a minimum:

(a) Documentation that the furnace is designed and operated to minimize HC emissions from fuels and raw materials.

(b) Documentation of the proposed baseline flue gas HC (and CO) concentration, including data on HC (and CO) levels during tests when the facility produced normal products under normal operating conditions from normal raw materials while burning normal fuels and when not burning hazardous waste.

(c) Test burn protocol to confirm the baseline HC (and CO) level including information on the type and flow rate of all feedstreams, point of introduction of all feedstreams, total organic carbon content (or other appropriate measure of organic content) of all nonfuel feedstreams, and operating conditions that affect combustion of fuels and destruction of hydrocarbon emissions from nonfuel sources.

(d) The trial burn plan shall do all of the following:

1. Demonstrate that flue gas HC (and CO) concentrations when burning hazardous waste do not exceed the baseline HC (and CO) level.

2. Identify the types and concentrations of organic compounds listed in ch. NR 661 Appendix VIII , that are emitted when burning hazardous waste in conformance with procedures prescribed by the department.

(e) Implementation plan to monitor over time changes in the operation of the facility that could reduce the baseline HC level and procedures to periodically confirm the baseline HC level.

(f) Other information as the department finds necessary to achieve the purposes of this subsection.

(3)   Alternative metals implementation approach. When seeking to be licensed under an alternative metals implementation approach under s. NR 666.106 (6) , the owner or operator shall submit documentation specifying how the approach ensures compliance with the metals emissions standards of s. NR 666.106 (3) or (4) and how the approach can be effectively implemented and monitored. Further, the owner or operator shall provide other information that the department finds necessary to achieve the purposes of this subsection.

(4)   Automatic waste feed cutoff system. Owners and operators shall submit information describing the automatic waste feed cutoff system, including any pre-alarm systems that may be used.

(5)   Direct transfer. Owners and operators that use direct transfer operations to feed hazardous waste from transport vehicles (containers, as defined in s. NR 666.111 ) directly to the boiler or industrial furnace shall submit information supporting conformance with the standards for direct transfer provided by s. NR 666.111 .

(6)   Residues. Owners and operators that claim that their residues are excluded from regulation under s. NR 666.112 shall submit information adequate to demonstrate conformance with that section.

CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06; corrections in (intro.), (1) (b) 2. e. made under s. 13.92 (4) (b) 7. , Stats., Register March 2013 No. 687 .