Section NR 664.0340 - Applicability(1) This subchapter applies to owners and operators of hazardous waste incinerators (as defined in s. NR 660.10), except as s. NR 664.0001 provides otherwise.(2)(a) Except as provided by pars. (b) to (d), the standards of this subchapter do not apply to a new hazardous waste incineration unit that becomes subject to hazardous waste license requirements after October 12, 2005, and no longer apply when an owner or operator of an existing hazardous waste incineration unit 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 proof of a postmarked notification of compliance to the department under 40 CFR 63.1207(j) and 63.1210(d) documenting compliance with 40 CFR part 63, subpart EEE. Nevertheless, even after this demonstration of compliance with the MACT standards, hazardous waste license conditions that were based on the standards of this chapter will continue to be in effect until the department removes them from the license or denies, suspends or revokes the license, unless the license expressly provides otherwise.(b) The MACT standards do not replace the closure requirements of s. NR 664.0351 or the applicable requirements of subchs. A to H, BB and CC.(c) The particulate matter standard of s. NR 664.0343(3) remains in effect for incinerators that elect to comply with the alternative to the particulate matter standard of 40 CFR 63.1206(b) (14) and 63.1219(e).(d) All of the following requirements remain in effect for startup, shutdown and malfunction events if the owner or operator elects to comply with s. NR 670.235(1) (a) 1. to minimize emissions of toxic compounds from these events: 1. Section NR 664.0345(1) requiring that an incinerator operate according to operating requirements specified in the license.2. Section NR 664.0345(3) requiring compliance with the emission standards and operating requirements during startup and shutdown if hazardous waste is in the combustion chamber, except for particular hazardous wastes.(3) After consideration of the waste analysis included with the feasibility and plan of operation report, the department, in establishing the license conditions, shall exempt the applicant from this subchapter except ss. NR 664.0341 and 664.0351, if all of the following conditions are met: (a) The department finds that the waste to be burned is one of the following: 1. 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.2. 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 s. NR 661.0023(1) (d) and (e), and will not be burned when other hazardous wastes are present in the combustion zone.3. A hazardous waste solely because it possesses the characteristic of ignitability, corrosivity or both, as determined by the test for characteristics of hazardous wastes under subch. C of ch. NR 661.4. A hazardous waste solely because it possesses any of the reactivity characteristics in s. NR 661.0023(1) (a), (b), (c), (f), (g) and (h), and will not be burned when other hazardous wastes are present in the combustion zone.(b) The waste analysis shows that the waste contains none of the hazardous constituents in ch. NR 661 Appendix VIII, which would reasonably be expected to be in the waste.(4) If the waste to be burned is one which is described by sub. (3) (a) 1., 2., 3. or 4. and contains insignificant concentrations of the hazardous constituents in ch. NR 661 Appendix VIII, then the department may, in establishing license conditions, exempt the applicant from all requirements of this subchapter, except ss. NR 664.0341 and 664.0351, after consideration of the waste analysis included with the feasibility and plan of operation report, unless the department finds that the waste will pose a threat to human health and the environment when burned in an incinerator.(5) The owner or operator of an incinerator may conduct trial burns subject only to s. NR 670.062.Wis. Admin. Code Department of Natural Resources NR 664.0340
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (2) (a) made under s. 13.92(4) (b) 7, Stats., Register March 2013.Amended by, CR 16-007: am. (2) (a), cr. (2) (e) Register July 2017 No. 739, eff.8/1/2017Amended by, CR 19-082: am. (2) (a), (c), r. (2) (e), am. (3) (a) 2., 4. Register August 2020 No 776, eff. 9-1-20; correction in (2) (a), (c), (3) (a) 2. made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020