Section 670.062. Hazardous waste incinerator licenses.

  When an owner or operator 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 664.0345 (1) and 664.0345 (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. 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)  For the purposes of determining operational readiness following completion of physical construction, the department shall establish license conditions, including but not limited to allowable waste feeds and operating conditions, in the license to a new hazardous waste incinerator. These license conditions will be effective for the minimum time required to bring the incinerator to a point of operational readiness to conduct a trial burn, not to exceed 720 hours operating time for treatment of hazardous waste. 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 .

(a) Applicants shall submit a statement, with the feasibility and plan of operation report, which suggests the conditions necessary to operate in compliance with the performance standards of s. NR 664.0343 during this period. This statement shall include, at a minimum, restrictions on waste constituents, waste feed rates and the operating parameters identified in s. NR 664.0345 .

(b) 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 s. NR 664.0343 based on the department's engineering judgment.

(2)  For the purposes of determining feasibility of compliance with the performance standards of s. NR 664.0343 and of determining adequate operating conditions under s. NR 664.0345 , the department shall establish conditions in the license for a new hazardous waste incinerator to be effective during the trial burn.

(a) Applicants shall propose a trial burn plan, prepared under par. (b) with a feasibility and plan of operation report.

(b) The trial burn plan shall include all of the following information:

1. An analysis of each waste or mixture of wastes to be burned which includes all of the following:

a. Heat value of the waste in the form and composition in which it will be burned.

b. Viscosity (if applicable), or description of the physical form of the waste.

c. An identification of any hazardous organic constituents listed in ch. NR 661 Appendix VIII , which are present in the waste to be burned, except that the applicant need not analyze for constituents listed in ch. NR 661 Appendix VIII , which would reasonably not be expected to be found in the waste. Identify the constituents excluded from analysis and state the basis for the exclusion. The waste 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 , or other equivalent.

d. An approximate quantification of the hazardous constituents identified in the waste, within the precision produced by the analytical methods in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA SW-846, incorporated by reference in s. NR 660.11 , or their equivalent.

2. A detailed engineering description of the incinerator for which the license is sought including all of the following:

a. Manufacturer's name and model number of incinerator (if available).

b. Type of incinerator.

c. Linear dimensions of the incinerator unit including the cross sectional area of combustion chamber.

d. Description of the auxiliary fuel system (type and feed).

e. Capacity of prime mover.

f. Description of automatic waste feed cut-off systems.

g. Stack gas monitoring and pollution control equipment.

h. Nozzle and burner design.

i. Construction materials.

j. Location and description of temperature, pressure and flow indicating and control devices.

3. 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.

4. A detailed test schedule for each waste for which the trial burn is planned including dates, duration, quantity of waste to be burned, and other factors relevant to the department's decision under par. (e) .

5. A detailed test protocol, including, for each waste identified, the ranges of temperature, waste feed rate, combustion gas velocity, use of auxiliary fuel, and any other relevant parameters that will be varied to affect the destruction and removal efficiency of the incinerator.

6. A description of, and planned operating conditions for, any emission control equipment which will be used.

7. Procedures for rapidly stopping waste feed, shutting down the incinerator, and controlling emissions in the event of an equipment malfunction.

8. Other information as the department reasonably finds necessary to determine whether to approve the trial burn plan in light of the purposes of this subsection and the criteria in par. (e) .

(c) 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.

(d) Based on the waste analysis data in the trial burn plan, the department will specify as trial principal organic hazardous constituents (POHCs), those constituents for which destruction and removal efficiencies shall be calculated during the trial burn. These trial POHCs will be specified by the department based on the department's estimate of the difficulty of incineration of the constituents identified in the waste analysis, their concentration or mass in the waste feed, and, for wastes listed in subch. D of ch. NR 661 , the hazardous waste organic constituent or constituents identified in ch. NR 661 Appendix VII as the basis for listing.

(e) 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 incinerator performance standard required by s. NR 664.0343 can be met.

2. The trial burn itself will not present an imminent hazard to human health or the environment.

3. The trial burn will help the department to determine operating requirements to be specified under s. NR 664.0345 .

4. The information sought in subds. 1. and 2. cannot reasonably be developed through other means.

(f) The department shall send a notice to all persons on the facility mailing list as set forth in s. NR 670.410 (3) (a) 9. and to the appropriate units of state and local government as set forth in s. NR 670.410 (3) (a) 10. 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 scheduled 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 the applicant's contact person.

b. The name and telephone number of the department's contact office.

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.

(g) During each approved trial burn, or as soon after the burn as is practicable, the applicant shall make all of the following determinations:

1. A quantitative analysis of the trial POHCs in the waste feed to the incinerator.

2. A quantitative analysis of the exhaust gas for the concentration and mass emissions of the trial POHCs, oxygen (O 2 ) and hydrogen chloride (HCl).

3. A quantitative analysis of the scrubber water (if any), ash residues and other residues, for the purpose of estimating the fate of the trial POHCs.

4. A computation of destruction and removal efficiency (DRE), according to the DRE formula specified in s. NR 664.0343 (1) .

5. If the HCl emission rate exceeds 1.8 kilograms of HCl per hour (4 pounds per hour), a computation of HCl removal efficiency according to s. NR 664.0343 (2) .

6. A computation of particulate emissions, according to s. NR 664.0343 (3) .

7. An identification of sources of fugitive emissions and their means of control.

8. A measurement of average, maximum, and minimum temperatures and combustion gas velocity.

9. A continuous measurement of carbon monoxide (CO) in the exhaust gas.

10. Other information as the department may specify as necessary to ensure that the trial burn will determine compliance with the performance standards in s. NR 664.0343 and to establish the operating conditions required by s. NR 664.0345 as necessary to meet that performance standard.

(h) 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 par. (f) . This submission shall be made within 90 days of completion of the trial burn, or later if approved by the department.

(i) All data collected during any trial burn shall be submitted to the department following the completion of the trial burn.

(j) All submissions required by this subsection 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 .

(k) Based on the results of the trial burn, the department shall set the operating requirements in the final license according to s. NR 664.0345 . The license modification shall proceed according to s. NR 670.042 .

(3)  For the purposes of allowing operation of a new hazardous waste incinerator following completion of the trial burn and prior to final modification of the license conditions to reflect the trial burn results, the department may establish license conditions, including but not limited to allowable waste feeds and operating conditions sufficient to meet s. NR 664.0345 , in the license to a new hazardous waste incinerator. These license conditions will be effective for the minimum time required to complete sample analysis, data computation and submission of the trial burn results by the applicant, and modification of the facility license by the department.

(a) Applicants shall submit a statement, with the feasibility and plan of operation report, which identifies the conditions necessary to operate in compliance with the performance standards of s. NR 664.0343 , during this period. This statement shall include, at a minimum, restrictions on waste constituents, waste feed rates and the operating parameters in s. NR 664.0345 .

(b) The department will review this statement and any other relevant information submitted with the feasibility and plan of operation report and specify those requirements for this period most likely to meet the performance standards of s. NR 664.0343 based on the department's engineering judgment.

(4)  For the purpose of determining feasibility of compliance with the performance standards of s. NR 664.0343 and of determining adequate operating conditions under s. NR 664.0345 , the applicant for a license for an existing hazardous waste incinerator shall prepare and submit a trial burn plan and perform a trial burn according to s. NR 670.019 (2) and subs. (2) (b) to (e) and (2) (g) to (j) or, instead, submit other information as specified in s. NR 670.019 (3) . The department shall announce the department's intention to approve the trial burn plan according to the timing and distribution requirements of sub. (2) (f) . 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 a contact office at 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 agency approval of the plan and the time period during which the trial burn would be conducted. Applicants submitting information under s. NR 670.019 are exempt from compliance with s. NR 664.0343 and 664.0345 and, therefore, are exempt from the requirement to conduct a trial burn. Applicants who submit trial burn plans and receive approval before submission of a license application shall complete the trial burn and submit the results, specified in sub. (2) (g) , 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. Trial burn results shall be submitted prior to issuance of the license. When the applicant submits a trial burn plan with the feasibility and plan of operation report, the department will specify a time period prior to license issuance in which the trial burn shall be conducted and the results submitted.

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