Section NR 666.100 - Applicability(1) The regulations of this subchapter apply to hazardous waste burned or processed in a boiler or industrial furnace (as defined in s. NR 660.10) irrespective of the purpose of burning or processing, except as provided by subs. (2), (3), (4), (7) and (8). In this subchapter, the term "burn" means burning for energy recovery or destruction, or processing for materials recovery or as an ingredient. The emissions standards of ss. NR 666.104, 666.105, 666.106 and 666.107 apply to facilities operating under an interim license or under a license as specified in ss. NR 666.102 and 666.103.(2)(a) Except as provided by pars. (b), (c), and (d), the standards of this subchapter do not apply to a new hazardous waste boiler or industrial furnace unit that becomes subject to hazardous waste license requirements after October 12, 2005; or no longer apply when an affected source 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 to the department a notification of compliance 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 shall continue to be in effect until the conditions are removed from the license or the license is terminated or revoked, unless the license expressly provides otherwise.(b) The following standards all continue to apply: 1. If you elect to comply with s. NR 670.235(1) (a) 1. to minimize emissions of toxic compounds from startup, shutdown and malfunction events, s. NR 666.102(5) (a) requiring operations in accordance with the operating requirements specified in the license at all times that hazardous waste is in the unit, and s. NR 666.102(5) (b) 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. These provisions apply only during startup, shutdown and malfunction events.2. The closure requirements of ss. NR 666.102(5) (k) and 666.103(12).3. The standards for direct transfer of s. NR 666.111.4. The standards for regulation of residues of s. NR 666.112.5. The applicable requirements of subchs. A to H, BB and CC of ch. NR 664 and subchs. A to H, BB and CC of ch. NR 665.(c) If an owner or operator of a boiler or hydrochloric acid production furnace that is an area source under 40 CFR 63.2 and the owner or operator elects not to comply with the emission standards under 40 CFR 63.1216, 63.1217, and 63.1218 for particulate matter, semi-volatile and low volatile metals and total chlorine, the owner or operator remains subject to: 1. Section NR 666.105 -Standards to control particulate matter.2. Section NR 666.106 -Standards to control metals emissions, except for mercury.3. Section NR 666.107 -Standards to control hydrogen chloride and chlorine gas.(d) The particulate matter standard of s. NR 666.105 remains in effect for boilers that elect to comply with the alternative to the particulate matter standard under 40 CFR 63.1216(e) and 63.1217(e).(3) The following hazardous wastes and facilities are not subject to regulation under this subchapter: (a) Used oil burned for energy recovery that is also a hazardous waste solely because it exhibits a characteristic of hazardous waste identified in subch. C of ch. NR 661. Such used oil is subject to regulation under ch. NR 679.(b) Gas recovered from hazardous or solid waste landfills when such gas is burned for energy recovery.(c) Hazardous wastes that are exempt from regulation under ss. NR 661.0004 and 661.0006(1) (c) 3. and 4., and hazardous wastes that are subject to the special requirements for very small quantity generators under ss. NR 662.013 and 662.014.(d) Coke ovens, if the only hazardous waste burned is EPA hazardous waste number K087, decanter tank tar sludge from coking operations.(4) Owners and operators of smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters and foundry furnaces, but not including cement kilns, aggregate kilns or halogen acid furnaces burning hazardous waste) that process hazardous waste solely for metal recovery are conditionally exempt from regulation under this subchapter, except for ss. NR 666.101 and 666.112. (a) To be exempt from ss. NR 666.102 to 666.111, an owner or operator of a metal recovery furnace or mercury recovery furnace shall comply with all of the following requirements, except that an owner or operator of a lead or a nickel-chromium recovery furnace, or a metal recovery furnace that burns baghouse bags used to capture metallic dusts emitted by steel manufacturing, shall comply with par. (c), and owners or operators of lead recovery furnaces that are subject to regulation under the Secondary Lead Smelting national emission standards for hazardous air pollutants (NESHAP) shall comply with sub. (8). 1. Provide a one-time written notice to the department indicating all of the following: a. The owner or operator claims exemption under this subsection.b. The hazardous waste is burned solely for metal recovery consistent with par. (b).c. The hazardous waste contains recoverable levels of metals.d. The owner or operator will comply with the sampling and analysis and recordkeeping requirements of this subsection.2. Sample and analyze the hazardous waste and other feedstocks as necessary to comply with this subsection by using appropriate methods.3. Maintain at the facility for at least 3 years records to document compliance with this subsection including limits on levels of toxic organic constituents and Btu value of the waste, and levels of recoverable metals in the hazardous waste compared to normal nonhazardous waste feedstocks.(b) A hazardous waste meeting either of the following criteria is not processed solely for metal recovery: 1. The hazardous waste has a total concentration of organic 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 organic compounds in a waste as-generated may be reduced to the 500 ppm limit by bona fide treatment that removes or destroys organic 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 records required by par. (a)3.2. 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 for dilution to meet the 5,000 Btu/lb limit is prohibited and documentation that the waste has not been impermissibly diluted shall be retained in the records required by par. (a) 3.(c) To be exempt from ss. NR 666.102 to 666.111, an owner or operator of a lead or nickel-chromium or mercury recovery furnace (except for owners or operators of lead recovery furnaces subject to regulation under the Secondary Lead Smelting national emission standards for hazardous air pollutants (NESHAP)) or a metal recovery furnace that burns baghouse bags used to capture metallic dusts emitted by steel manufacturing, shall provide a one-time written notice to the department identifying each hazardous waste burned and specifying whether the owner or operator claims an exemption for each waste under this paragraph or par. (a). The owner or operator shall comply with par. (a) for those wastes claimed to be exempt under par. (a) and shall comply with the requirements below for those wastes claimed to be exempt under this paragraph. 1. The hazardous wastes listed in ch. NR 666 Appendix XI, ch. NR 666 Appendix XII, and ch. NR 666 Appendix XIII, and baghouse bags used to capture metallic dusts emitted by steel manufacturing, are exempt from par. (a), if all of the following conditions are met: a. A waste listed in ch. NR 666 Appendix IX shall contain recoverable levels of lead, a waste listed in ch. NR 666 Appendix XII shall contain recoverable levels of nickel or chromium, a waste listed in ch. NR 666 Appendix XIII shall contain recoverable levels of mercury and contain less than 500 ppm of ch. NR 661 Appendix VIII organic constituents, and baghouse bags used to capture metallic dusts emitted by steel manufacturing shall contain recoverable levels of metal.b. The waste does not exhibit the toxicity characteristic specified in s. NR 661.0024 for an organic constituent.c. The waste is not a hazardous waste listed in subch. D of ch. NR 661 because it is listed for an organic constituent as identified in ch. NR 661 Appendix VII.d. The owner or operator certifies in the one-time notice that hazardous waste is burned under this paragraph and that sampling and analysis will be conducted or other information will be obtained as necessary to ensure continued compliance with these requirements. Sampling and analysis shall be conducted according to par. (a) 2. and records to document compliance with this paragraph shall be kept for at least 3 years. 2. The department may decide on a case-by-case basis that the toxic organic constituents in a material listed in ch. NR 666 Appendix XI, ch. NR 666 Appendix XII, or ch. NR 666 Appendix XIII that contains a total concentration of more than 500 ppm toxic organic compounds listed in ch. NR 661 Appendix VIII may pose a hazard to human health and the environment when burned in a metal recovery furnace exempt from this subchapter. In that situation, after adequate notice and opportunity for comment, the metal recovery furnace shall become subject to this subchapter when burning that material. In making the hazard determination, the department will consider all of the following factors: a. The concentration and toxicity of organic constituents in the material.b. The level of destruction of toxic organic constituents provided by the furnace.c. Whether the acceptable ambient levels established in ch. NR 666 Appendix IV or ch. NR 666 Appendix V may be exceeded for any toxic organic compound that may be emitted based on dispersion modeling to predict the maximum annual average off-site ground level concentration.(5) The standards for direct transfer operations under s. NR 666.111 apply only to facilities subject to the license standards of s. NR 666.102 or the interim license standards of s. NR 666.103.(6) The management standards for residues under s. NR 666.112 apply to any boiler or industrial furnace burning hazardous waste.(7) Owners and operators of smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters and foundry furnaces) that process hazardous waste for recovery of economically significant amounts of the precious metals gold, silver, platinum, palladium, iridium, osmium, rhodium or ruthenium, or any combination of these are conditionally exempt from regulation under this subchapter, except for s. NR 666.112. To be exempt from ss. NR 666.101 to 666.111, an owner or operator shall do all of the following: (a) Provide a one-time written notice to the department indicating all of the following: 1. The owner or operator claims exemption under this subsection.2. The hazardous waste is burned for legitimate recovery of precious metal.3. The owner or operator will comply with the sampling and analysis and recordkeeping requirements of this subsection.(b) Sample and analyze the hazardous waste as necessary to document that the waste contains economically significant amounts of the metals and that the treatment recovers economically significant amounts of precious metal.(c) Maintain at the facility for at least 3 years records to document that all hazardous wastes burned are burned for recovery of economically significant amounts of precious metal.(8) Starting June 23, 1997, owners or operators of lead recovery furnaces that process hazardous waste for recovery of lead and that are subject to regulation under the Secondary Lead Smelting national standards for hazardous air pollutants (NESHAP), are conditionally exempt from regulation under this subchapter, except for s. NR 666.101. To be exempt, an owner or operator shall provide a one-time notice to the department identifying each hazardous waste burned and specifying that the owner or operator claims an exemption under this subsection. The notice also shall state that the waste burned has a total concentration of non-metal compounds listed in ch. NR 661 Appendix VIII, of less than 500 ppm by weight, as fired and as provided in sub. (4) (b) 1., or is listed in ch. NR 666 Appendix XI.Wis. Admin. Code Department of Natural Resources NR 666.100
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; corrections in (2) (b) 5., (4) (c) 1. (intro.), a., 2. (intro.), c., (8) made under s. 13.92(4) (b) 7, Stats., Register March 2013 No. 687.Amended by CR 16-007: am. (2) (a), cr. (2) (c), (d), am. (4) (a) 2., r. and recr. (7) (b) Register July 2017 No. 739, eff.8/1/2017Amended by, CR 19-082: am. (3) (c), (4) (c) 1. b. Register August 2020 No. 776, eff. 9/1/2020