Section NR 666.112 - Regulation of residuesA 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:
(1) The device meets the following criteria:(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.(b)Ore or mineral furnaces. Industrial furnaces subject to s. NR 661.0004(2) (g) shall process at least 50% by weight normal, nonhazardous raw materials.(c)Cement kilns. Cement kilns shall process at least 50% by weight normal cement-production raw materials.(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: (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. 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.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.(b)Comparison of waste-derived residue concentrations with health-based limits.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. Note: 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.
2. 'Metal constituents.' The concentration of metals in an extract obtained using the toxicity characteristic leaching procedure of s. NR 661.0024 may not exceed the levels specified in ch. NR 666 Appendix VII.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.(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: (a) Levels of constituents in ch. NR 661 Appendix VIII that are present in waste-derived residues.(b) If the waste-derived residue is compared with normal residue under sub. (2) (a), both of the following: 1. The levels of constituents in ch. NR 661 Appendix VIII that are present in normal residues.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.Wis. Admin. Code Department of Natural Resources NR 666.112
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.Amended by, CR 16-007: am. (2) (a) (intro.), (b) 1. Register July 2017 No. 739, eff.8/1/2017Amended by, 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, eff. 9/1/2020Amended by, correction in (intro.) made under s. 13.92(4) (b) 7, Stats., Register April 2021 No. 784, eff. 5/1/2021