Section 99. NR 670.041 (3) is amended to read:
NR 670.041 (3) Facility siting. Suitability of the facility location will not be considered at the time of license modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environmental environment exists which was unknown at the time of license issuance.
Section 100. NR 670.042 (1) (b) and (2) (f) 1. (intro.) are amended to read:
NR 670.042 (1) (b) Class 1 license modifications identified in under ch. NR 670 as Class 1-1 by a footnote may be made only with the prior written approval of the department. (2) (f) 1. No later than 90 days after receipt of the notification modification request, the department shall do one of the following:
Section 101. NR 670.050 (1) is amended to read:
_Hlk149208936NR 670.050 (1) Operating licenses shall be effective for a fixed term of no more than 10 years, but are subject to annual renewal operating license fees during that term. Section 102. NR 670.235 (1) (b) (intro.) and (2) (b) are amended to read:
NR 670.235 (1) (b) The owner or operator of an incinerator, cement kiln or, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that has conducted a comprehensive performance test and submitted to the department a notification of compliance documenting compliance with the standards of under 40 CFR part 63, subpart EEE may request in the application to reissue the license for the combustion unit that the owner or operator control emissions from startup, shutdown, and malfunction events under any of the following options: (2) (b) Operations under a subsequent operating license. When an owner or operator of an incinerator, cement kiln or, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that is operating under the interim license standards of under ch. NR 665 or 666 submits an operating license application, the owner or operator may request that the department control emissions from startup, shutdown, and malfunction events under any of the options provided by sub. (1) (b) 1., 2., or 3. Section 103. NR 670 Appendix I Table L. 9. and O. 1. are amended to read:
APPENDIX I
CLASSIFICATION OF LICENSE MODIFICATION
L. Incinerators, Boilers and Industrial Furnaces: | |
9. Changes to hazardous waste license provisions needed to support transition to 40 CFR part 63 (Subpart EEE—National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors), provided the procedures of under s. NR 670.042 (11) are followed. | 11 1-1 |
1. Development of one contingency plan based on Integrated Contingency Plan Guidance pursuant to s. NR 664.0052 (2) | 11 1-1 |
Section 104. NR 679.01 (12) (Note) is created to read:
NR 679.01 (12) Note: Examples of materials that, when used, qualify as used oil: antifreeze, compressor oils, coolants, copper and aluminum drawing solutions, electrical insulating oil, emulsions when used as lubricants, engine oil, heating media, grease, hydraulic fluid, industrial process oils, laminating oils, metal-working fluids and cutting oils, mineral oil, oils used as buoyant, refrigeration oil, transmission fluid, used oil residues and sludges from the storage, processing, and re-refining of used oils (when recycled by burning for energy recovery).
Examples of materials that, when used, do not qualify as used oil: animal and vegetable oil even when used as a lubricant, kerosene, oils that have not been used, solvents when used to solubilize or mobilize, spills of virgin fuel oil, used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products, and waste oil resulting from cleanout of virgin fuel storage tank bottoms. Oils that do not meet EPA's definition of used oil can still pose a threat to the environment when disposed of and could be subject to the RCRA regulations for hazardous waste management.
Section 105. NR 679.10 (2) (b) (intro.) is amended to read:
NR 679.10 (2) (b) Characteristic hazardous waste. Mixtures of used oil and hazardous waste that solely exhibits exhibit any hazardous waste characteristics identified in under subch. C of ch. NR 661, and mixtures of used oil and hazardous waste that is listed in under subch. D of ch. NR 661 solely because it exhibits any hazardous waste characteristics identified in under subch. C of ch. NR 661, are regulated as one of the following: Section 106. NR 679.11 (intro.) and Table 1 are amended to read:
NR 679.11 Used oil specifications. Used oil burned for energy recovery, and any fuel produced from used oil by processing, blending or other treatment, is regulated under this chapter unless it is shown not to exceed any of the allowable levels of the constituents and properties in the specification shown in Table 1. Once used oil that is to be burned for energy recovery has been shown not to exceed any specification allowable level and the person making that showing complies with ss. NR 679.72, 679.73, and 679.74 (2), the used oil is no longer regulated under this chapter. Table 1 −
Used Oil Not Exceeding Any Specification Level An Allowable Level Shown Is Not Regulated Under This Chapter When Burned for Energy Recovery1
Constituent or property | Allowable level |
Arsenic . . . . . . . . . . . . . . Cadmium . . . . . . . . . . . Chromium . . . . . . . . . . . . Lead . . . . . . . . . . . . . . . Flash point . . . . . . . . . . Total halogens | 5 ppm maximum 2 ppm maximum 10 ppm maximum 100 ppm maximum 100 0F minimum 4,000 ppm maximum2 |
1The specification doesallowable levels do not apply to mixtures of used oil and hazardous waste that continue to be regulated as hazardous waste; (see s. NR 679.10 (2)). 2Used oil containing greater than 1,000 ppm total halogens is presumed to be a hazardous waste under the rebuttable presumption provided under s. NR 679.10 (2) (a). This used oil is regulated under subch. H of ch. NR 666 rather than this chapter when burned for energy recovery unless the presumption of mixing can be successfully rebutted. NR 679.42 (3) Licensing. Notwithstanding s. NR 502.06 (2), used Used oil transporters shall obtain a department solid waste collection and transportation service license, issued under s. NR 502.06 unless exclusively transporting household do-it-yourselfer used oil under s. NR 679.40 (1). Section 108. Effective Date. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. Section 109. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on September 25, 2024.
Dated at Madison, Wisconsin _____________________________.
STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES
BY ______________________________________
For Karen Hyun, Ph.D., Secretary
