Wis. Admin. Code Department of Natural Resources NR 666.108

Current through October 28, 2024
Section NR 666.108 - Small quantity on-site burner exemption
(1) EXEMPT QUANTITIES. Owners and operators of facilities that burn hazardous waste in a non-site boiler or industrial furnace are exempt from this subchapter if all of the following conditions are met:
(a) The quantity of hazardous waste burned in a device for a calendar month does not exceed the limits provided in the following table based on the terrain-adjusted effective stack height as defined in s. NR 666.106(2) (c).

Terrain-adjusted effective stack height of device (meters)

Allowable hazardous waste burning rate (gallons/ month)

Terrain-adjusted effective stack height of device (meters)

Allowable hazardous waste burning rate (gallons/month)

0 to 3.9

0

40.0 to 44.9

210

4.0 to 5.9

13

45.0 to 49.9

260

6.0 to 7.9

18

50.0 to 54.9

330

8.0 to 9.9

27

55.0 to 59.9

400

10.0 to 11.9

40

60.0 to 64.9

490

12.0 to 13.9

48

65.0 to 69.9

610

14.0 to 15.9

59

70.0 to 74.9

680

16.0 to 17.9

69

75.0 to 79.9

760

18.0 to 19.9

76

80.0 to 84.9

850

20.0 to 21.9

84

85.0 to 89.9

960

22.0 to 23.9

93

90.0 to 94.9

1,100

24.0 to 25.9

100

95.0 to 99.9

1,200

26.0 to 27.9

110

100.0 to 104.9

1,300

28.0 to 29.9

130

105.0 to 109.9

1,500

30.0 to 34.9

140

110.0 to 114.9

1,700

35.0 to 39.9

170

115.0 or greater

1,900

(b) The maximum hazardous waste firing rate does not exceed at any time one percent of the total fuel requirements for the device (hazardous waste plus other fuel) on a total heat input or mass input basis, whichever results in the lower mass feed rate of hazardous waste.
(c) The hazardous waste has a minimum heating value of 5,000 Btu/lb, as generated.
(d) The hazardous waste fuel does not contain (and is not derived from) EPA hazardous waste numbers F020, F021, F022, F023, F026 or F027.
(2) MIXING WITH NONHAZARDOUS FUELS . If hazardous waste fuel is mixed with a nonhazardous fuel, the quantity of hazardous waste before such mixing is used to comply with sub. (1).
(3) MULTIPLE STACKS . If an owner or operator burns hazardous waste in more than one on-site boiler or industrial furnace exempt under this section, the quantity limits provided by sub. (1) (a) are implemented according to the following equation:

View Image

where:

n means the number of stacks.

Actual Quantity Burned means the waste quantity burned per month in device "i".

Allowable Quantity Burned means the maximum allowable exempt quantity for stack "i" from the table in sub. (1) (a).

Note: Hazardous wastes that are subject to the special requirements for small quantity generators under ss. NR 662.013 and 662.016 may be burned in an off-site device under the exemption provided by this section, but shall be included in the quantity determination for the exemption.

(4) NOTIFICATION REQUIREMENTS . The owner or operator of facilities qualifying for the small quantity burner exemption under this section shall provide a one-time signed, written notice to the department indicating all of the following:
(a) The combustion unit is operating as a small quantity burner of hazardous waste.
(b) The owner and operator are in compliance with this section.
(c) The maximum quantity of hazardous waste that the facility may burn per month as provided by sub. (1) (a).
(5) RECORDKEEPING REQUIREMENTS . The owner or operator shall maintain at the facility for at least 3 years sufficient records documenting compliance with the hazardous waste quantity, firing rate and heating value limits of this section. At a minimum, these records shall indicate the quantity of hazardous waste and other fuel burned in each unit per calendar month, and the heating value of the hazardous waste.

Wis. Admin. Code Department of Natural Resources NR 666.108

CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
Amended by, correction in (3) (Note) made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020