1) 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.
2) The rolling average for the selected averaging period is defined as the 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.
NR 666.102(5)(f)2.c. c. The license limit for the feed rate of each metal shall be established based on trial burn data as the average over all valid test runs of the highest hourly rolling average feed rate for each run.
NR 666.102(5)(f)3. 3. `Feed rate limits for metals, total chloride and chlorine, and ash.' 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 subds. 1. and 2.
NR 666.102(5)(f)4. 4. `Conduct of trial burn testing.'
NR 666.102(5)(f)4.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 666.102(5)(f)4.b. b. Prior to obtaining test data for purposes of demonstrating compliance with the emissions standards of ss. NR 666.104 to 666.107 or establishing limits on operating parameters under this section, the facility shall operate under trial burn conditions for a sufficient period to reach steady-state operations. The department may determine, however, that industrial furnaces that recycle collected particulate matter back into the furnace and that comply with an alternative implementation approach for metals under s. NR 666.106 (6) need not reach steady state conditions with respect to the flow of metals in the system prior to beginning compliance testing for metals emissions.
NR 666.102(5)(f)4.c. c. Trial burn data on the level of an operating parameter for which a limit shall be established in the license 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 this subsection.
NR 666.102(5)(g) (g) General requirements.
NR 666.102(5)(g)1.1. `Fugitive emissions.' Fugitive emissions shall be controlled by one of the following:
NR 666.102(5)(g)1.a. a. Keeping the combustion zone totally sealed against fugitive emissions.
NR 666.102(5)(g)1.b. b. Maintaining the combustion zone pressure lower than atmospheric pressure.
NR 666.102(5)(g)1.c. c. An alternate means of control demonstrated (with the feasibility and plan of operation report) to provide fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure.
NR 666.102(5)(g)2. 2. `Automatic waste feed cutoff.' A boiler or industrial furnace shall be operated with a functioning system that automatically cuts off the hazardous waste feed when operating conditions deviate from those established under this section. The department may limit the number of cutoffs per an operating period on a case-by-case basis. In addition, all of the following conditions shall be met:
NR 666.102(5)(g)2.a. a. The license limit for (the indicator of) minimum combustion chamber temperature shall be maintained while hazardous waste or hazardous waste residues remain in the combustion chamber.
NR 666.102(5)(g)2.b. b. Exhaust gases shall be ducted to the air pollution control system operated in accordance with the license requirements while hazardous waste or hazardous waste residues remain in the combustion chamber.
NR 666.102(5)(g)2.c. c. Operating parameters for which license limits are established 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 license limits. For parameters that may be monitored on an instantaneous basis, the department shall establish a minimum period of time after a waste feed cutoff during which the parameter may not exceed the license limit before the hazardous waste feed may be restarted.
NR 666.102(5)(g)3. 3. `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 as specified in the license.
NR 666.102(5)(h) (h) Monitoring and inspections.
NR 666.102(5)(h)1.1. The owner or operator shall monitor and record all of the following, at a minimum, while burning hazardous waste:
NR 666.102(5)(h)1.a. a. If specified by the license, feed rates and composition of hazardous waste, other fuels and industrial furnace feedstocks, and feed rates of ash, metals, and total chloride and chlorine.
NR 666.102(5)(h)1.b. b. If specified by the license, carbon monoxide (CO), hydrocarbons (HC) and oxygen 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 operating requirements specified in par. (b) 2. CO, HC and oxygen monitors shall be installed, operated and maintained in accordance with methods specified in ch. NR 666 Appendix IX.
NR 666.102(5)(h)1.c. c. Upon the request of the department, sampling and analysis of the hazardous waste (and other fuels and industrial furnace feedstocks as appropriate), residues and exhaust emissions shall be conducted to verify that the operating requirements established in the license achieve the applicable standards of ss. NR 666.104, 666.105, 666.106 and 666.107.
NR 666.102(5)(h)2. 2. All monitors shall record data in units corresponding to the license limit unless otherwise specified in the license.
NR 666.102(5)(h)3. 3. The boiler or industrial furnace and associated equipment (pumps, values, pipes, fuel storage tanks, etc.) shall be subjected to thorough visual inspection when it contains hazardous waste, at least daily for leaks, spills, fugitive emissions and signs of tampering.
NR 666.102(5)(h)4. 4. The automatic hazardous waste feed cutoff system and associated alarms shall be tested at least once every 7 days when hazardous waste is burned to verify operability, unless the applicant demonstrates to the department that weekly inspections will unduly restrict or upset operations and that less frequent inspections will be adequate. At a minimum, operational testing shall be conducted at least once every 30 days.
NR 666.102(5)(h)5. 5. These monitoring and inspection data shall be recorded and the records shall be placed in the operating record required by s. NR 664.0073.
NR 666.102(5)(i) (i) Direct transfer to the burner. If hazardous waste is directly transferred from a transport vehicle to a boiler or industrial furnace without the use of a storage unit, the owner and operator shall comply with s. NR 666.111.
NR 666.102(5)(j) (j) Recordkeeping. The owner or operator shall keep in the operating record of the facility all information and data required by this section for a minimum of 5 years.
NR 666.102(5)(k) (k) Closure. At closure, the owner or operator shall remove all hazardous waste and hazardous waste residues (including, but not limited to, ash, scrubber waters and scrubber sludges) from the boiler or industrial furnace.
NR 666.102 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; corrections in (1) (b) 9., (5) (h) 1. b. made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (2) (a), (5) (j) Register July 2017 No. 739, eff. 8-1-17.
NR 666.103 NR 666.103Interim license standards for burners.
NR 666.103(1)(1)Purpose, scope, applicability.
NR 666.103(1)(a) (a) General.
NR 666.103(1)(a)1.1. The purpose of this section is to establish minimum national standards for owners and operators of “existing" boilers and industrial furnaces that burn hazardous waste where such standards define the acceptable management of hazardous waste during the period of interim license. The standards of this section apply to owners and operators of existing facilities until either a license is issued under s. NR 666.102 (4) or until closure responsibilities identified in this section are fulfilled.
NR 666.103(1)(a)2. 2. “Existing" or “in existence" means a boiler or industrial furnace that on or before August 21, 1991 is either in operation burning or processing hazardous waste or for which construction (including the ancillary facilities to burn or to process the hazardous waste) has commenced. A facility has commenced construction if the owner or operator has obtained the federal, state and local approvals or licenses necessary to begin physical construction; and one of the following applies:
NR 666.103(1)(a)2.a. a. A continuous on-site, physical construction program has begun.
NR 666.103(1)(a)2.b. b. The owner or operator has entered into contractual obligations—which cannot be canceled or modified without substantial loss—for physical construction of the facility to be completed within a reasonable time.
NR 666.103(1)(a)3. 3. If a boiler or industrial furnace is located at a facility that already has a license or interim license, then the facility shall comply with the applicable regulations dealing with license modifications in s. NR 670.042 or changes in interim license in s. NR 670.072.
NR 666.103(1)(b) (b) Exemptions. The requirements of this section do not apply to hazardous waste and facilities exempt under ss. NR 666.100 (2) or 666.108.
NR 666.103(1)(c) (c) Prohibition on burning dioxin-listed wastes. The following hazardous waste listed for dioxin and hazardous waste derived from any of these wastes may not be burned in a boiler or industrial furnace operating under an interim license: F020, F021, F022, F023, F026 and F027.
NR 666.103(1)(d) (d) Applicability of ch. NR 665 standards. Owners and operators of boilers and industrial furnaces that burn hazardous waste and are operating under an interim license are subject to all of the following provisions of ch. NR 665, except as provided otherwise by this section:
NR 666.103(1)(d)1. 1. In subch. A of ch. NR 665 (General), s. NR 665.0004.
NR 666.103(1)(d)2. 2. In subch. B of ch. NR 665 (General facility standards), ss. NR 665.0011 to 665.0017.
NR 666.103(1)(d)3. 3. In subch. C of ch. NR 665 (Preparedness and prevention), ss. NR 665.0031 to 665.0037.
NR 666.103(1)(d)4. 4. In subch. D of ch. NR 665 (Contingency plan and emergency procedures), ss. NR 665.0051 to 665.0056.
NR 666.103(1)(d)5. 5. In subch. E of ch. NR 665 (Manifest system, recordkeeping and reporting), ss. NR 665.0071 to 665.0077, except that ss. NR 665.0071, 665.0072 and 665.0076 do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources.
NR 666.103(1)(d)6. 6. In subch. G of ch. NR 665 (Closure and long-term care), ss. NR 665.0111 to 665.0115.
NR 666.103(1)(d)7. 7. In subch. H of ch. NR 665 (Financial requirements), ss. NR 665.0141, 665.0142, 665.0143 and 665.0147 to 665.0148, except that states and the federal government are exempt from s. NR 665.0147.
NR 666.103(1)(d)8. 8. Subchapter BB of ch. NR 665 (Air emission standards for equipment leaks), except s. NR 665.1050 (1).
NR 666.103(1)(e) (e) Special requirements for furnaces. The following controls apply during an interim license to industrial furnaces (e.g., kilns, cupolas) that feed hazardous waste for a purpose other than solely as an ingredient (see subd. 2.) at any location other than the hot end where products are normally discharged or where fuels are normally fired:
NR 666.103(1)(e)1. 1. `Controls.'
NR 666.103(1)(e)1.a.a. The hazardous waste shall be fed at a location where combustion gas temperatures are at least 1800 °F.
NR 666.103(1)(e)1.b. b. The owner or operator shall determine that adequate oxygen is present in combustion gases to combust organic constituents in the waste and retain documentation of such determination in the facility record.
NR 666.103(1)(e)1.c. c. For cement kiln systems, the hazardous waste shall be fed into the kiln.
NR 666.103(1)(e)1.d. d. The hydrocarbon controls of s. NR 666.104 (3) or sub. (3) (e) apply upon certification of compliance under sub. (3) irrespective of the CO level achieved during the compliance test.
NR 666.103(1)(e)2. 2. `Burning hazardous waste solely as an ingredient.' A hazardous waste is burned for a purpose other than solely as an ingredient if it meets one of these criteria:
NR 666.103(1)(e)2.a. a. The hazardous waste has a total concentration of nonmetal compounds listed in ch. NR 661 Appendix VIII, exceeding 500 ppm by weight, as-fired, and so is considered to be burned for destruction. The concentration of nonmetal compounds in a waste as-generated may be reduced to the 500 ppm limit by bona fide treatment that removes or destroys nonmetal constituents. Blending for dilution to meet the 500 ppm limit is prohibited and documentation that the waste has not been impermissibly diluted shall be retained in the facility record.
NR 666.103(1)(e)2.b. b. The hazardous waste has a heating value of 5,000 Btu/lb or more, as-fired, and so is considered to be burned as fuel. The heating value of a waste as-generated may be reduced to below the 5,000 Btu/lb limit by bona fide treatment that removes or destroys organic constituents. Blending to augment the heating value to meet the 5,000 Btu/lb limit is prohibited and documentation that the waste has not been impermissibly blended shall be retained in the facility record.
NR 666.103(1)(f) (f) Restrictions on burning hazardous waste that is not a fuel. Prior to certification of compliance under sub. (3), owners and operators may not feed hazardous waste that has a heating value less than 5,000 Btu/lb, as-generated, (except that the heating value of a waste as-generated may be increased to above the 5,000 Btu/lb limit by bona fide treatment; however, blending to augment the heating value to meet the 5,000 Btu/lb limit is prohibited and records shall be kept to document that impermissible blending has not occurred) in a boiler or industrial furnace, except that:
NR 666.103(1)(f)1. 1. Hazardous waste may be burned solely as an ingredient.
NR 666.103(1)(f)2. 2. Hazardous waste may be burned for purposes of compliance testing (or testing prior to compliance testing) for a total period of time not to exceed 720 hours.
NR 666.103(1)(f)3. 3. Such waste may be burned if the department has documentation to show that, prior to August 21, 1991, all of the following conditions were met:
NR 666.103(1)(f)3.a. a. The boiler or industrial furnace was operating under the interim license standards for incinerators provided by subch. O of ch. NR 665, or the interim license standards for thermal treatment units provided by subch. P of ch. NR 665.
NR 666.103(1)(f)3.b. b. The boiler or industrial furnace met the interim license eligibility requirements under s. NR 670.070 for subch. O or subch. P of ch. NR 665.
NR 666.103(1)(f)3.c. c. Hazardous waste with a heating value less than 5,000 Btu/lb was burned prior to that date.
NR 666.103(1)(f)4. 4. Such waste may be burned in a halogen acid furnace if the waste was burned as an excluded ingredient under s. NR 661.0002 (5) prior to February 21, 1991 and documentation is kept on file supporting this claim.
NR 666.103(1)(g) (g) Direct transfer to the burner. If hazardous waste is directly transferred from a transport vehicle to a boiler or industrial furnace without the use of a storage unit, the owner and operator shall comply with s. NR 666.111.
NR 666.103(2) (2) Certification of precompliance.
NR 666.103(2)(a) (a) General. The owner or operator shall provide complete and accurate information specified in par. (b) to the department on or before August 21, 1991, and shall establish limits for the operating parameters specified in par. (c). Such information is termed a “certification of precompliance" and constitutes a certification that the owner or operator has determined that, when the facility is operated within the limits specified in par. (c), the owner or operator believes that, using best engineering judgment, emissions of particulate matter, metals, HCl and Cl2 are not likely to exceed the limits provided by ss. NR 666.105, 666.106 and 666.107. The facility may burn hazardous waste only under the operating conditions that the owner or operator establishes under par. (c) until the owner or operator submits a revised certification of precompliance under par. (h) or a certification of compliance under sub.(3), or until a license is issued.
NR 666.103(2)(b) (b) Information required. All of the following information shall be submitted with the certification of precompliance to support the determination that the limits established for the operating parameters identified in par.(c) are not likely to result in an exceedance of the allowable emission rates for particulate matter, metals, HCl and Cl2:
NR 666.103(2)(b)1. 1. General facility information:
NR 666.103(2)(b)1.a. a. EPA facility ID number.
NR 666.103(2)(b)1.b. b. Facility name, contact person, telephone number and address.
NR 666.103(2)(b)1.c. c. Description of boilers and industrial furnaces burning hazardous waste, including type and capacity of device.
NR 666.103(2)(b)1.d. d. A scaled plot plan showing the entire facility and location of the boilers and industrial furnaces burning hazardous waste.
NR 666.103(2)(b)1.e. e. A description of the air pollution control system on each device burning hazardous waste, including the temperature of the flue gas at the inlet to the particulate matter control system.
NR 666.103(2)(b)2. 2. Except for facilities complying with the Tier I or adjusted Tier I feed rate screening limits for metals or total chlorine and chloride provided by ss. NR 666.106 (2) or (5) and 666.107 (2) (a) or (5), respectively, the estimated uncontrolled (at the inlet to the air pollution control system) emissions of particulate matter, each metal controlled by s. NR 666.106, and hydrogen chloride and chlorine, and all of the following information to support such determinations:
NR 666.103(2)(b)2.a. a. The feed rate (lb/hr) of ash, chlorine, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver and thallium in each feedstream (hazardous waste, other fuels, industrial furnace feedstocks).
NR 666.103(2)(b)2.b. b. The estimated partitioning factor to the combustion gas for the materials identified in subd. 2. a. and the basis for the estimate and an estimate of the partitioning to HCl and Cl2 of total chloride and chlorine in feed materials. To estimate the partitioning factor, the owner or operator shall use either best engineering judgment or the procedures specified in ch. NR 666 Appendix IX.
NR 666.103(2)(b)2.c. c. For industrial furnaces that recycle collected particulate matter (PM) back into the furnace and that will certify compliance with the metals emissions standards under sub. (3) (c) 2. a., the estimated enrichment factor for each metal. To estimate the enrichment factor, the owner or operator shall use either best engineering judgment or the procedures specified in “Alternative Methodology for Implementing Metals Controls" in ch. NR 666 Appendix IX.
NR 666.103(2)(b)2.d. d. If best engineering judgment is used to estimate partitioning factors or enrichment factors under subd. 2. b. or c. respectively, the basis for the judgment. When best engineering judgment is used to develop or evaluate data or information and make determinations under this section, the determinations shall be made by a qualified, registered professional engineer and a certification of the engineer's determinations in accordance with s. NR 670.011 (4) shall be provided in the certification of precompliance.
NR 666.103(2)(b)3. 3. For facilities complying with the Tier I or adjusted Tier I feed rate screening limits for metals or total chlorine and chloride provided by ss. NR 666.106 (2) or (5) and 666.107 (2) (a) or (5), the feed rate (lb/hr) of total chloride and chlorine, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver and thallium in each feed stream (hazardous waste, other fuels, industrial furnace feedstocks).
NR 666.103(2)(b)4. 4. For facilities complying with the Tier II or Tier III emission limits for metals or HCl and Cl2 (under ss. NR 666.106 (3) or (4) or 666.107 (2) (b) or (3)), the estimated controlled (outlet of the air pollution control system) emissions rates of particulate matter, each metal controlled by s. NR 666.106, and HCl and Cl2, and the following information to support such determinations:
NR 666.103(2)(b)4.a. a. The estimated air pollution control system (APCS) removal efficiency for particulate matter, HCl, Cl2, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver and thallium.
NR 666.103(2)(b)4.b. b. To estimate APCS removal efficiency, the owner or operator shall use either best engineering judgment or the procedures prescribed in ch. NR 666 Appendix IX.
NR 666.103(2)(b)4.c. c. If best engineering judgment is used to estimate APCS removal efficiency, the basis for the judgment. Use of best engineering judgment shall be in conformance with provisions of subd. 2. d.
NR 666.103(2)(b)5. 5. Determination of allowable emissions rates for HCl, Cl2, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver and thallium, and the following information to support such determinations:
NR 666.103(2)(b)5.a. a. For all facilities, all of the following:
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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.