NR 666.109(2)(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: NR 666.109 HistoryHistory: 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. NR 666.110NR 666.110 Waiver of DRE trial burn for boilers. Boilers that operate under the special requirements of this section, and that do not burn hazardous waste containing (or derived from) EPA hazardous waste numbers F020, F021, F022, F023, F026 or F027, are considered to be in conformance with the DRE standard of s. NR 666.104 (1), and a trial burn to demonstrate DRE is waived. When burning hazardous waste, all of the following apply: NR 666.110(1)(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. NR 666.110(2)(2) Boiler load may not be less than 40%. Boiler load is the ratio at any time of the total heat input to the maximum design heat input. NR 666.110(3)(3) Primary fuels and hazardous waste fuels shall have a minimum as-fired heating value of 8,000 Btu/lb, and each material fired in a burner where hazardous waste is fired shall have a heating value of at least 8,000 Btu/lb, as-fired. NR 666.110(4)(4) The device shall operate in conformance with the carbon monoxide standard provided by s. NR 666.104 (2) (a). Boilers subject to the waiver of the DRE trial burn provided by this section are not eligible for the alternative carbon monoxide standard provided by s. NR 666.104 (3). NR 666.110(5)(5) The boiler shall be a watertube type boiler that does not feed fuel using a stoker or stoker type mechanism. NR 666.110(6)(6) The hazardous waste shall be fired directly into the primary fuel flame zone of the combustion chamber with an air or steam atomization firing system, mechanical atomization system, or a rotary cup atomization system under any of the following conditions: NR 666.110(6)(a)(a) Viscosity. The viscosity of the hazardous waste fuel as-fired may not exceed 300 SSU. NR 666.110(6)(b)(b) Particle size. When a high pressure air or steam atomizer, low pressure atomizer or mechanical atomizer is used, 70% of the hazardous waste fuel shall pass through a 200 mesh (74 micron) screen, and when a rotary cup atomizer is used, 70% of the hazardous waste shall pass through a 100 mesh (150 micron) screen. NR 666.110(6)(c)(c) Mechanical atomization systems. Fuel pressure within a mechanical atomization system and fuel flow rate shall be maintained within the design range taking into account the viscosity and volatility of the fuel. NR 666.110(6)(d)(d) Rotary cup atomization systems. Fuel flow rate through a rotary cup atomization system shall be maintained within the design range taking into account the viscosity and volatility of the fuel. NR 666.110 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 666.111NR 666.111 Standards for direct transfer. NR 666.111(1)(1) Applicability. The regulations in this section apply to owners and operators of boilers and industrial furnaces subject to s. NR 666.102 or 666.103 if hazardous waste is directly transferred from a transport vehicle to a boiler or industrial furnace without the use of a storage unit. NR 666.111(2)(a)(a) When used in this section, the following terms have the meanings given in subds. 1. and 2.: NR 666.111(2)(a)1.1. “Direct transfer equipment” means any device (including but not limited to, such devices as piping, fittings, flanges, valves and pumps) that is used to distribute, meter or control the flow of hazardous waste between a container (i.e., transport vehicle) and a boiler or industrial furnace. NR 666.111(2)(a)2.2. “Container” means any portable device in which hazardous waste is transported, stored, treated or otherwise handled, and includes transport vehicles that are containers themselves (e.g., tank trucks, tanker-trailers and rail tank cars), and containers placed on or in a transport vehicle. NR 666.111(2)(b)(b) This section references several requirements provided in subchs. I and J of chs. NR 664 and 665. For purposes of this section, the term tank systems in those referenced requirements means direct transfer equipment as defined in par. (a). NR 666.111(3)(a)(a) No direct transfer of a pumpable hazardous waste shall be conducted from an open-top container to a boiler or industrial furnace. NR 666.111(3)(b)(b) Direct transfer equipment used for pumpable hazardous waste shall always be closed, except when necessary to add or remove the waste, and may not be opened, handled or stored in a manner that may cause any rupture or leak. NR 666.111(3)(c)(c) The direct transfer of hazardous waste to a boiler or industrial furnace shall be conducted so that it does not do any of the following: NR 666.111(3)(c)1.1. Generate extreme heat or pressure, fire, explosion or violent reaction. NR 666.111(3)(c)2.2. Produce uncontrolled toxic mists, fumes, dusts or gases in sufficient quantities to threaten human health. NR 666.111(3)(c)3.3. Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions. NR 666.111(3)(c)4.4. Damage the structural integrity of the container or direct transfer equipment containing the waste. NR 666.111(3)(d)(d) Hazardous waste may not be placed in direct transfer equipment, if it could cause the equipment or its secondary containment system to rupture, leak, corrode or otherwise fail. NR 666.111(3)(e)(e) The owner or operator of the facility shall use appropriate controls and practices to prevent spills and overflows from the direct transfer equipment or its secondary containment systems. These include, at a minimum, all of the following: NR 666.111(3)(e)1.1. Spill prevention controls (e.g., check valves, dry discount couplings). NR 666.111(3)(e)2.2. Automatic waste feed cutoff to use if a leak or spill occurs from the direct transfer equipment. NR 666.111(4)(4) Areas where direct transfer vehicles (containers) are located. Applying the definition of container under this section, owners and operators shall comply with all of the following requirements: NR 666.111(4)(b)(b) The use and management requirements of subch. I of ch. NR 665, except for ss. NR 665.0170 and 665.0174, and except that in lieu of the special requirements of s. NR 665.0176 for ignitable or reactive waste, the owner or operator may comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys, or an adjacent property line that can be built upon as required in Tables 2-1 to 2-6 of the National Fire Protection Association’s (NFPA) “Flammable and Combustible Liquids Code,” (1977 or 1981), incorporated by reference in s. NR 660.11. The owner or operator shall obtain and keep on file at the facility a written certification by the local fire marshal that the installation meets the subject NFPA codes. NR 666.111(5)(5) Direct transfer equipment. Direct transfer equipment shall meet all of the following requirements: NR 666.111(5)(a)1.1. For all new direct transfer equipment, prior to their being put into service. NR 666.111(5)(a)2.2. For existing direct transfer equipment within 2 years after August 21, 1991. NR 666.111(5)(b)(b) Requirements prior to meeting secondary containment requirements. NR 666.111(5)(b)1.1. For existing direct transfer equipment that does not have secondary containment, the owner or operator shall determine whether the equipment is leaking or is unfit for use. The owner or operator shall obtain and keep on file at the facility a written assessment reviewed and certified by a qualified, registered professional engineer in accordance with s. NR 670.011 that attests to the equipment’s integrity by August 21, 1992. NR 666.111(5)(b)2.2. The assessment under subd. 1. shall determine whether the direct transfer equipment is adequately designed and has sufficient structural strength and compatibility with the wastes to be transferred to ensure that it will not collapse, rupture or fail. At a minimum, this assessment shall consider all of the following: NR 666.111(5)(b)2.a.a. Design standards, if available, according to which the direct transfer equipment was constructed. NR 666.111(5)(b)2.d.d. Documented age of the equipment, if available (otherwise, an estimate of the age). NR 666.111(5)(b)2.e.e. Results of a leak test or other integrity examination such that the effects of temperature variations, vapor pockets, cracks, leaks, corrosion and erosion are accounted for. NR 666.111(5)(b)3.3. If, as a result of the assessment specified above, the direct transfer equipment is found to be leaking or unfit for use, the owner or operator shall comply with s. NR 665.0196 (1) and (2). NR 666.111(5)(c)1.1. The owner or operator shall inspect at least once each operating hour when hazardous waste is being transferred from the transport vehicle (container) to the boiler or industrial furnace all of the following: NR 666.111(5)(c)1.a.a. Overfill or spill control equipment (e.g., waste-feed cutoff systems, bypass systems and drainage systems) to ensure that it is in good working order. NR 666.111(5)(c)1.b.b. The above ground portions of the direct transfer equipment to detect corrosion, erosion or releases of waste (e.g., wet spots, dead vegetation). NR 666.111(5)(c)1.c.c. Data gathered from monitoring equipment and leak-detection equipment, (e.g., pressure and temperature gauges) to ensure that the direct transfer equipment is being operated according to its design. NR 666.111(5)(c)2.2. The owner or operator shall inspect cathodic protection systems, if used, to ensure that they are functioning properly according to the schedule provided by s. NR 665.0195 (2). NR 666.111(5)(c)3.3. Records of inspections made under this paragraph shall be maintained in the operating record at the facility, and available for inspection for at least 3 years from the date of the inspection. NR 666.111 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 666.112NR 666.112 Regulation of residues. A residue derived from the burning or processing of hazardous waste in a boiler or industrial furnace is not excluded from the definition of a hazardous waste under s. NR 661.0004 (2) (d), (g) or (h) unless the device and the owner or operator meet all of the following requirements: NR 666.112(1)(a)(a) Boilers. Boilers shall burn at least 50% coal on a total heat input or mass input basis, whichever results in the greater mass feed rate of coal. NR 666.112(1)(c)(c) Cement kilns. Cement kilns shall process at least 50% by weight normal cement-production raw materials. NR 666.112(2)(2) The owner or operator demonstrates that the hazardous waste does not significantly affect the residue by demonstrating conformance with either of the following criteria: NR 666.112(2)(a)(a) Comparison of waste-derived residue with normal residue. The waste-derived residue may not contain ch. NR 661 Appendix VIII constituents (toxic constituents) that could reasonably be attributable to the hazardous waste at concentrations significantly higher than in residue generated without burning or processing of hazardous waste, using the following procedure. Toxic compounds that could reasonably be attributable to burning or processing the hazardous waste (constituents of concern) include toxic constituents in the hazardous waste, and the organic compounds listed in ch. NR 661 Appendix VIII that may be generated as products of incomplete combustion. For polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses shall be performed to determine specific congeners and homologues, and the results converted to 2,3,7,8-TCDD equivalent values using the procedure specified in section 4.0 of ch. NR 666 Appendix IX. NR 666.112(2)(a)1.1. ‘Normal residue.’ Concentrations of toxic constituents of concern in normal residue shall be determined based on analyses of a minimum of 10 samples representing a minimum of 10 days of operation. Composite samples may be used to develop a sample for analysis if the compositing period does not exceed 24 hours. The upper tolerance limit (at 95% confidence with a 95% proportion of the sample distribution) of the concentration in the normal residue shall be considered the statistically-derived concentration in the normal residue. If changes in raw materials or fuels reduce the statistically-derived concentrations of the toxic constituents of concern in the normal residue, the statistically-derived concentrations shall be revised or statistically-derived concentrations of toxic constituents in normal residue shall be established for a new mode of operation with the new raw material or fuel. To determine the upper tolerance limit in the normal residue, the owner or operator shall use statistical procedures prescribed in “Statistical Methodology for Bevill Residue Determinations” in ch. NR 666 Appendix IX . NR 666.112(2)(a)2.2. ‘Waste-derived residue.’ Waste-derived residue shall be sampled and analyzed as often as necessary to determine whether the residue generated during each 24-hour period has concentrations of toxic constituents that are higher than the concentrations established for the normal residue under subd. 1. If so, hazardous waste burning has significantly affected the residue and the residue may not be excluded from the definition of a hazardous waste. Concentrations of toxic constituents of concern in the waste-derived residue shall be determined based on analysis of one or more samples obtained over a 24-hour period. Multiple samples may be analyzed, and multiple samples may be taken to form a composite sample for analysis if the sampling period does not exceed 24 hours. If more than one sample is analyzed to characterize waste-derived residues generated over a 24-hour period, the concentration of each toxic constituent shall be the arithmetic mean of the concentrations in the samples. No results may be disregarded. NR 666.112(2)(b)(b) Comparison of waste-derived residue concentrations with health-based limits. NR 666.112(2)(b)1.1. ‘Nonmetal constituents.’ The concentration of each nonmetal toxic constituent of concern (specified in par. (a)) in the waste-derived residue may not exceed the health-based level specified in ch. NR 666 Appendix VII, or the level of detection, whichever is higher. If a health-based limit for a constituent of concern is not listed in ch. NR 666 Appendix VII, then a limit of 0.002 micrograms per kilogram or the level of detection (which shall be determined using appropriate analytical methods), whichever is higher, shall be used. The levels specified in ch. NR 666 Appendix VII (and the default level of 0.002 micrograms per kilogram or the level of detection for constituents as identified in Note 1 of ch. NR 666 Appendix VII) are administratively stayed under the condition, for those constituents specified in par. (a), that the owner or operator complies with alternative levels defined as the land disposal restriction limits specified in s. NR 668.43 for F039 nonwastewaters. In complying with those alternative levels, if an owner or operator is unable to detect a constituent despite documenting use of best good-faith efforts as defined by applicable department guidance or standards, the owner or operator is deemed to be in compliance for that constituent. Until new guidance or standards are developed, the owner or operator may demonstrate such good faith efforts by achieving a detection limit for the constituent that does not exceed an order of magnitude above the level provided by s. NR 668.43 for F039 nonwastewaters. In complying with the s. NR 668.43 F039 nonwastewater levels for polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses shall be performed for total hexachlorodibenzo-p-dioxins, total hexachlorodibenzofurans, total pentachlorodibenzo-p-dioxins, total pentachlorodibenzofurans, total tetrachlorodibenzo-p-dioxins and total tetrachlorodibenzofurans. NR 666.112 NoteNote: The administrative stay, under the condition that the owner or operator complies with alternative levels defined as the land disposal restriction limits specified in s. NR 668.43 for F039 nonwastewaters, remains in effect until further administrative action is taken and notice is published in the federal register and the Code of Federal Regulations. NR 666.112(2)(b)3.3. ‘Sampling and analysis.’ Waste-derived residue shall be sampled and analyzed as often as necessary to determine whether the residue generated during each 24-hour period has concentrations of toxic constituents that are higher than the health-based levels. Concentrations of toxic constituents of concern in the waste-derived residue shall be determined based on analysis of one or more samples obtained over a 24-hour period. Multiple samples may be analyzed, and multiple samples may be taken to form a composite sample for analysis if the sampling period does not exceed 24 hours. If more than one sample is analyzed to characterize waste-derived residues generated over a 24-hour period, the concentration of each toxic constituent shall be the arithmetic mean of the concentrations in the samples. No results may be disregarded. NR 666.112(3)(3) Records sufficient to document compliance with this section shall be retained until closure of the boiler or industrial furnace unit. At a minimum, all of the following shall be recorded: NR 666.112(3)(b)(b) If the waste-derived residue is compared with normal residue under sub. (2) (a), both of the following: NR 666.112(3)(b)2.2. Data and information, including analyses of samples as necessary, obtained to determine if changes in raw materials or fuels would reduce the concentration of toxic constituents of concern in the normal residue. NR 666.112 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; corrections in (2) (a) (intro.), 1., (2) (b) 1., 2. made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (2) (a) (intro.), (b) 1. Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (1) (b), (2) (b) 2. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (b) 2. made under s. 35.17, Stats., Register August 2020 No. 776; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.
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