Section 665.0340. Applicability.

 

(1)  This subchapter applies to owners and operators of hazardous waste incinerators (as defined in s. NR 660.10 ), except as s. NR 665.0001 provides otherwise.

(2)  

(a) Except as provided by pars. (b) and (c) , this chapter no longer applies when an owner or operator demonstrates compliance with the maximum achievable control technology (MACT) requirements of 40 CFR part 63 , subpart EEE, by conducting a comprehensive performance test and submitting a notification of compliance to the EPA administrator under 40 CFR 63.1207 (j) and 63.1210(b) documenting compliance with 40 CFR part 63 , subpart EEE.

(b) Section NR 665.0351 and the applicable requirements of subchs. A to H , BB and CC continue to apply even where the owner or operator has demonstrated compliance with the MACT requirements of 40 CFR part 63 , subpart EEE.

(c) Section NR 665.0345 generally prohibiting burning of hazardous waste during startup and shutdown remains in effect if the owner or operator elects to comply with s. NR 670.235 (2) (a) 1. to minimize emissions of toxic compounds from startup and shutdown.

(3)  Owners and operators of incinerators burning hazardous waste are exempt from this subchapter, except s. NR 665.0351 , provided that the owner or operator has documented, in writing, that the waste would not reasonably be expected to contain any of the hazardous constituents in ch. NR 661 Appendix VIII , and has retained that documentation at the facility, if the waste to be burned is one of the following:

(a) Listed as a hazardous waste in subch. D of ch. NR 661 solely because it is ignitable (hazard code I), corrosive (hazard code C) or both.

(b) Listed as a hazardous waste in subch. D of ch. NR 661 solely because it is reactive (hazard code R) for characteristics other than those in ss. NR 661.23 (1) (d) and (e) , and will not be burned when other hazardous wastes are present in the combustion zone.

(c) A hazardous waste solely because it possesses the characteristic of ignitability, corrosivity or both, as determined by the tests for characteristics of hazardous wastes under subch. C of ch. NR 661 .

(d) A hazardous waste solely because it possesses any of the reactivity characteristics in s. NR 661.23 (1) (a) , (b) , (c) , (f) , (g) or (h) , and will not be burned when other hazardous wastes are present in the combustion zone.

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