NR 666.103(3)(c)2.c. c. Conduct compliance testing to determine compliance with the metals standards to establish limits on the operating parameters of par. (a) only after the kiln system has been conditioned to enable it to reach equilibrium with respect to metals fed into the system and metals emissions. During conditioning, hazardous waste and raw materials having the same metals content as will be fed during the compliance test shall be fed at the feed rates that will be fed during the compliance test.
NR 666.103(3)(c)3. 3. `Conduct of compliance testing.'
NR 666.103(3)(c)3.a.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.
NR 666.103(3)(c)3.b. b. Prior to obtaining test data for purposes of demonstrating compliance with the applicable emissions standards of ss. NR 666.104 to 666.107 or establishing limits on operating parameters under this section, the facility shall operate under compliance test conditions for a sufficient period to reach steady-state operations. Industrial furnaces that recycle collected particulate matter back into the furnace and that comply with subd. 2. a. or b., however, need not reach steady state conditions with respect to the flow of metals in the system prior to beginning compliance testing for metals.
NR 666.103(3)(c)3.c. c. Compliance test data on the level of an operating parameter for which a limit shall be established in the certification of compliance shall be obtained during emissions sampling for the pollutant or pollutants (i.e., metals, PM, HCl/Cl2, organic compounds) for which the parameter shall be established as specified by par. (a).
NR 666.103(3)(d) (d) Certification of compliance. Within 90 days of completing compliance testing, the owner or operator shall certify to the department compliance with the emissions standards of ss. NR 666.104 (2), (3) and (5), 666.105, 666.106, 666.107 and sub. (1) (e) 1. d. The certification of compliance shall include all of the following information:
NR 666.103(3)(d)1. 1. General facility and testing information including:
NR 666.103(3)(d)1.a. a. EPA facility ID number.
NR 666.103(3)(d)1.b. b. Facility name, contact person, telephone number and address.
NR 666.103(3)(d)1.c. c. Person responsible for conducting compliance testing, including company name, address and telephone number, and a statement of qualifications.
NR 666.103(3)(d)1.d. d. Date or dates of each compliance test.
NR 666.103(3)(d)1.e. e. Description of boiler or industrial furnace tested.
NR 666.103(3)(d)1.f. f. Person responsible for quality assurance/quality control (QA/QC), title and telephone number, and statement that procedures prescribed in the QA/QC plan submitted under s. NR 666.103 (3) (b) 3. have been followed, or a description of any changes and an explanation of why changes were necessary.
NR 666.103(3)(d)1.g. g. Description of any changes in the unit configuration prior to or during testing that would alter any of the information submitted in the prior notice of compliance testing under par. (b), and an explanation of why the changes were necessary.
NR 666.103(3)(d)1.h. h. Description of any changes in the planned test conditions prior to or during the testing that alter any of the information submitted in the prior notice of compliance testing under par. (b), and an explanation of why the changes were necessary.
NR 666.103(3)(d)1.i. i. The complete report on results of emissions testing.
NR 666.103(3)(d)2. 2. Specific information on each test including:
NR 666.103(3)(d)2.a. a. Purpose or purposes of test (e.g., demonstrate conformance with the emissions limits for particulate matter, metals, HCl, Cl 2, and CO).
NR 666.103(3)(d)2.b. b. Summary of test results for each run and for each test including the following information:
1) Date of run.
2) Duration of run.
3) Time-weighted average and highest hourly rolling average CO level for each run and for the test.
4) Highest hourly rolling average HC level, if HC monitoring is required for each run and for the test.
5) If dioxin and furan testing is required under s. NR 666.104 (5), time-weighted average emissions for each run and for the test of chlorinated dioxin and furan emissions, and the predicted maximum annual average ground level concentration of the toxicity equivalency factor.
6) Time-weighted average particulate matter emissions for each run and for the test.
7) Time-weighted average HCl and Cl2 emissions for each run and for the test.
8) Time-weighted average emissions for the metals subject to regulation under s. NR 666.106 for each run and for the test.
9) QA/QC results.
NR 666.103(3)(d)3. 3. Comparison of the actual emissions during each test with the emissions limits prescribed by ss. NR 666.104 (2), (3) and (5), 666.105, 666.106 and 666.107 and established for the facility in the certification of precompliance under sub. (2).
NR 666.103(3)(d)4. 4. Determination of operating limits based on all valid runs of the compliance test for each applicable parameter listed in par. (a) using either of the following procedures:
NR 666.103(3)(d)4.a. a. A parameter may be measured and recorded on an instantaneous basis (i.e., the value that occurs at any time) and the operating limit specified as the time-weighted average during all runs of the compliance test.
NR 666.103(3)(d)4.b. 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 operating limit for the parameter shall be established based on compliance test data as the average over all test runs of the highest hourly rolling average value for each run.
NR 666.103(3)(d)4.c. c. 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. 4. b. or on (up to) a 24 hour rolling average basis. If the owner or operator elects to use an averaging period from 2 to 24 hours:
1) The feed rate of each metal shall be limited at any time to 10 times the feed rate that would be allowed on a hourly rolling average basis.
2) The continuous monitor shall meet the following specifications:
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) The rolling average for the selected averaging period is defined as 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.
3) The operating limit for the feed rate of each metal shall be established based on compliance test data as the average over all test runs of the highest hourly rolling average feed rate for each run.
NR 666.103(3)(d)4.d. d. 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 subd. 4. a. to c.
NR 666.103(3)(d)5. 5. The following statement shall accompany the certification of compliance:
“I certify under penalty of law that this information was prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information and supporting documentation. Copies of all emissions tests, dispersion modeling results and other information used to determine conformance with s. NR 666.103 (3) are available at the facility and can be obtained from the facility contact person listed above. Based on my inquiry of the person or persons who manages the facility, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
I also acknowledge that the operating conditions established in this certification pursuant to s. NR 666.103 (3) (d) 4. are enforceable limits at which the facility can legally operate during an interim license until a revised certification of compliance is submitted."
NR 666.103(3)(e) (e) Special requirements for HC monitoring systems. When an owner or operator is required to comply with the hydrocarbon (HC) controls provided by s. NR 666.104 (3) or sub. (1) (e) 1. d., a conditioned gas monitoring system may be used in conformance with specifications provided in ch. NR 666 Appendix IX if the owner or operator submits a certification of compliance without using extensions of time provided by par. (g).
NR 666.103(3)(f) (f) Special operating requirements for industrial furnaces that recycle collected PM. Owners and operators of industrial furnaces that recycle back into the furnace particulate matter (PM) from the air pollution control system shall do all of the following:
NR 666.103(3)(f)1. 1. When complying with par. (c) 2. a., comply with the operating requirements prescribed in “Alternative Method to Implement the Metals Controls" in ch. NR 666 Appendix IX.
NR 666.103(3)(f)2. 2. When complying with par. (c) 2. b., comply with the operating requirements prescribed by that subdivision paragraph.
NR 666.103(3)(g) (g) Extensions of time.
NR 666.103(3)(g)1.1. If the owner or operator does not submit a complete certification of compliance for all of the applicable emissions standards of ss. NR 666.104, 666.105, 666.106 and 666.107 by August 21, 1992, the owner or operator shall do one of the following:
NR 666.103(3)(g)1.a. a. Stop burning hazardous waste and begin closure activities under sub. (12) for the hazardous waste portion of the facility.
NR 666.103(3)(g)1.b. b. Limit hazardous waste burning only for purposes of compliance testing (and pretesting to prepare for compliance testing) a total period of 720 hours for the period of time beginning August 21, 1992, submit a notification to the department by August 21, 1992 stating that the facility is operating under restricted interim license and intends to resume burning hazardous waste, and submit a complete certification of compliance by August 23, 1993.
NR 666.103(3)(g)1.c. c. Obtain a case-by-case extension of time under subd. 2.
NR 666.103(3)(g)2. 2. The owner or operator may request a case-by-case extension of time to extend any time limit provided by this paragraph if compliance with the time limit is not practicable for reasons beyond the control of the owner or operator.
NR 666.103(3)(g)2.a. a. In granting an extension, the department may apply conditions as the facts warrant to ensure timely compliance with this section and that the facility operates in a manner that does not pose a hazard to human health and the environment.
NR 666.103(3)(g)2.b. b. When an owner or operator requests an extension of time to enable the facility to comply with the alternative hydrocarbon provisions of s. NR 666.104 (6) and obtain a hazardous waste license because the facility cannot meet the HC limit of s. NR 666.104 (3):
1) The department shall, in considering whether to grant the extension, do all of the following:
a) Determine whether the owner and operator have submitted in a timely manner a complete feasibility and plan of operation report that includes information required under s. NR 670.022 (2).
b) Consider whether the owner and operator have made a good faith effort to certify compliance with all other emission controls, including the controls on dioxins and furans of s. NR 666.104 (5) and the controls on PM, metals, HCl and Cl2.
2) If an extension is granted, the department shall, as a condition of the extension, require the facility to operate under flue gas concentration limits on CO and HC that, based on available information, including information in the feasibility and plan of operation report, are baseline CO and HC levels as defined by s. NR 666.104 (6) (a).
NR 666.103(3)(h) (h) Revised certification of compliance. The owner or operator may submit at any time a revised certification of compliance (recertification of compliance) under the following procedures:
NR 666.103(3)(h)1. 1. Prior to submittal of a revised certification of compliance, hazardous waste may not be burned for more than a total of 720 hours under operating conditions that exceed those established under a current certification of compliance, and such burning may be conducted only for purposes of determining whether the facility can operate under revised conditions and continue to meet the applicable emissions standards of ss. NR 666.104, 666.105, 666.106 and 666.107.
NR 666.103(3)(h)2. 2. At least 30 days prior to first burning hazardous waste under operating conditions that exceed those established under a current certification of compliance, the owner or operator shall notify the department and submit the following information:
NR 666.103(3)(h)2.a. a. EPA facility ID number, and facility name, contact person, telephone number and address.
NR 666.103(3)(h)2.b. b. Operating conditions that the owner or operator is seeking to revise and description of the changes in facility design or operation that prompted the need to seek to revise the operating conditions.
NR 666.103(3)(h)2.c. c. A determination that when operating under the revised operating conditions, the applicable emissions standards of ss. NR 666.104, 666.105, 666.106 and 666.107 are not likely to be exceeded. To document this determination, the owner or operator shall submit the applicable information required under sub. (2) (b).
NR 666.103(3)(h)2.d. d. Complete emissions testing protocol for any pretesting and for a new compliance test to determine compliance with the applicable emissions standards of ss. NR 666.104, 666.105, 666.106 and 666.107 when operating under revised operating conditions. The protocol shall include a schedule of pre-testing and compliance testing. If the owner or operator revises the scheduled date for the compliance test, the owner or operator shall notify the department in writing at least 30 days prior to the revised date of the compliance test.
NR 666.103(3)(h)3. 3. Conduct a compliance test under the revised operating conditions and the protocol submitted to the department to determine compliance with the applicable emissions standards of ss. NR 666.104, 666.105, 666.106 and 666.107.
NR 666.103(3)(h)4. 4. Submit a revised certification of compliance under par. (d).
NR 666.103(4) (4) Periodic Recertifications. The owner or operator shall conduct compliance testing and submit to the department a recertification of compliance under provisions of sub. (3) within 5 years from submitting the previous certification or recertification. If the owner or operator seeks to recertify compliance under new operating conditions, the owner or operator shall comply with sub. (3) (h).
NR 666.103(5) (5) Noncompliance with certification schedule. If the owner or operator does not comply with the interim license compliance schedule provided by subs. (2), (3) and (4), hazardous waste burning shall terminate on the date that the deadline is missed, closure activities shall begin under sub. (12), and hazardous waste burning may not resume except under an operating license issued under s. NR 670.066. For purposes of compliance with the closure provisions of sub. (12) and ss. NR 665.0112 (4) (b) and 665.0113 the boiler or industrial furnace has received “the known final volume of hazardous waste" on the date that the deadline is missed.
NR 666.103(6) (6) Startup and shutdown. 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 and chlorine) may not be fed into the device during startup and shutdown of the boiler or industrial furnace, unless the device is operating within the conditions of operation specified in the certification of compliance.
NR 666.103(7) (7) Automatic waste feed cutoff. During the compliance test required by sub. (3) (c), and upon certification of compliance under sub. (3), a boiler or industrial furnace shall be operated with a functioning system that automatically cuts off the hazardous waste feed when the applicable operating conditions specified in sub. (3) (a) 1. and 5. to 13. deviate from those established in the certification of compliance. In addition:
NR 666.103(7)(a) (a) To minimize emissions of organic compounds, the minimum combustion chamber temperature (or the indicator of combustion chamber temperature) that occurred during the compliance test shall be maintained while hazardous waste or hazardous waste residues remain in the combustion chamber, with the minimum temperature during the compliance test defined as either of the following:
NR 666.103(7)(a)1. 1. If compliance with the combustion chamber temperature limit is based on a hourly rolling average, the minimum temperature during the compliance test is considered to be the average over all runs of the lowest hourly rolling average for each run.
NR 666.103(7)(a)2. 2. If compliance with the combustion chamber temperature limit is based on an instantaneous temperature measurement, the minimum temperature during the compliance test is considered to be the time-weighted average temperature during all runs of the test.
NR 666.103(7)(b) (b) Operating parameters limited by the certification of compliance 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 limits established in the certification of compliance.
NR 666.103(8) (8) Fugitive emissions. Fugitive emissions shall be controlled by one of the following:
NR 666.103(8)(a) (a) Keeping the combustion zone totally sealed against fugitive emissions.
NR 666.103(8)(b) (b) Maintaining the combustion zone pressure lower than atmospheric pressure.
NR 666.103(8)(c) (c) An alternate means of control that the owner or operator can demonstrate provide fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure. Support for such demonstration shall be included in the operating record.
NR 666.103(9) (9) 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 specified in the certification of compliance.
NR 666.103(10) (10) Monitoring and Inspections.
NR 666.103(10)(a) (a) The owner or operator shall monitor and record all of the following, at a minimum, while burning hazardous waste:
NR 666.103(10)(a)1. 1. Feed rates and composition of hazardous waste, other fuels, and industrial furnace feed stocks, and feed rates of ash, metals, and total chloride and chlorine as necessary to ensure conformance with the certification of precompliance or certification of compliance.
NR 666.103(10)(a)2. 2. Carbon monoxide (CO), oxygen, and if applicable, hydrocarbons (HC), 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 the operating limits specified in the certification of compliance. CO, HC and oxygen monitors shall be installed, operated and maintained in accordance with methods specified in ch. NR 666 Appendix IX.
NR 666.103(10)(a)3. 3. Upon the request of the department, sampling and analysis of the hazardous waste (and other fuels and industrial furnace feed stocks as appropriate) and the stack gas emissions shall be conducted to verify that the operating conditions established in the certification of precompliance or certification of compliance achieve the applicable standards of ss. NR 666.104, 666.105, 666.106 and 666.107.
NR 666.103(10)(b) (b) The boiler or industrial furnace and associated equipment (pumps, valves, pipes, fuel storage tanks, etc.) shall be subjected to thorough visual inspection when they contain hazardous waste, at least daily for leaks, spills, fugitive emissions and signs of tampering.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.