NR 440.21(1)(b)
(b) Any facility under
par. (a) that commences construction or modification after August 17, 1971, is subject to the requirements of this section.
NR 440.21(2)
(2) Definitions. As used in this section, terms not defined in this subsection have the meanings given in
s. NR 440.02.
NR 440.21(2)(b)
(b) “Incinerator" means any furnace used in the process of burning solid waste for the purpose of reducing the volume of the waste by removing combustible matter.
NR 440.21(2)(c)
(c) “Solid waste" means refuse, more than 50% of which is municipal type waste consisting of a mixture of paper, wood, yard wastes, food wastes, plastics, leather, rubber and other combustibles, and noncombustible materials such as glass and rock.
NR 440.21(3)
(3) Standard for particulate matter. On and after the date on which the initial performance test is completed or required to be completed under
s. NR 440.08, whichever date comes first, no owner or operator subject to the provisions of this section may cause to be discharged into the atmosphere from any affected facility any gases which contain particulate matter in excess of 0.18 g/dscm (0.08 gr/dscf) corrected to 12% CO
2.
NR 440.21(4)
(4) Monitoring of operations. The owner or operator of any incinerator subject to the provisions of this section shall record the daily charging rates and hours of operation.
NR 440.21(5)(a)(a) In conducting the performance tests required in
s. NR 440.08, the owner or operator shall use as reference methods and procedures the test methods in Appendix A of
40 CFR part 60, incorporated by reference in
s. NR 440.17, or other methods and procedures as specified in this subsection, except as provided in
s. NR 440.08 (2).
NR 440.21(5)(b)
(b) The owner or operator shall determine compliance with the particulate matter standard in
sub. (3) as follows:
NR 440.21(5)(b)1.
1. The concentration (C
12) of particulate matter, corrected to 12% CO
2, shall be computed for each run using the following equation:
C12 = Cs (12/%CO2)
where:
C12 is the concentration of particulate matter corrected to 12% CO2 g/dscm (gr/dscf)
Cs is the concentration of particulate matter, g/dscm (gr/dscf)
%CO2 is the CO2 concentration, percent dry basis
NR 440.21(5)(b)2.
2. Method 5 shall be used to determine the particulate matter concentration (C
s). The sampling time and sample volume for each run shall be at least 60 minutes and 0.85 dscm (30 dscf).
NR 440.21(5)(b)3.
3. The emission rate correction factor, integrated or grab sampling and analysis procedure of Method 3B shall be used to determine CO
2 concentration (%CO
2).
NR 440.21(5)(b)3.a.
a. The CO
2 sample shall be obtained simultaneously with, and at the same traverse points as, the particulate run. If the particulate run has more than 12 traverse points, the CO
2 traverse points may be reduced to 12 if Method 1 is used to locate the 12 CO
2 traverse points. If individual CO
2 samples are taken at each traverse point, the CO
2 concentration (%CO
2) used in the correction equation shall be the arithmetic mean of the sample CO
2 concentrations at all traverse points.
NR 440.21(5)(b)3.b.
b. If sampling is conducted after a wet scrubber, an “adjusted" CO
2 concentration, (%CO
2)
adj, which accounts for the effects of CO
2 absorption and dilution air, may be used instead of the CO
2 concentration determined in this paragraph. The adjusted CO
2 concentration shall be determined by either of the procedures in
par. (c).
NR 440.21(5)(c)
(c) The owner or operator may use either of the following procedures to determine the adjusted CO
2 concentration.
NR 440.21(5)(c)1.
1. The volumetric flow rates at the inlet and outlet of the wet scrubber and the inlet CO
2 concentration may be used to determine the adjusted concentration, (%CO
2)
adj, using the following equation:
(%CO2)adj, = (%CO2)di (Qdi/Qdo)
where:
(%CO2)adj is the adjusted outlet CO2 concentration, percent dry basis
(%CO2)di is the CO2 concentration measured before the scrubber, percent dry basis
Qdi is the volumetric flow rate of effluent gas before the wet scrubber, dscm/min (dscf/min)
Qdo is the volumetric flow rate of effluent gas after the wet scrubber, dscm/min (dscf/min)
NR 440.21(5)(c)1.a.
a. At the outlet, Method 5 is used to determine the volumetric flow rate (Q
do) of the effluent gas.
NR 440.21(5)(c)1.b.
b. At the inlet, Method 2 is used to determine the volumetric flow rate (Q
di) of the effluent gas as follows: Two full velocity traverses are conducted, one immediately before and one immediately after each particulate run conducted at the outlet, and the results are averaged.
NR 440.21(5)(c)1.c.
c. At the inlet, the emission rate correction factor, integrated sampling and analysis procedure of Method 3B is used to determine the CO
2 concentration, (%CO
2)
di, as follows: At least 9 sampling points are selected randomly from the velocity traverse points and are divided randomly into 3 sets, equal in number of points; the first set of 3 or more points is used for the first run, the second set for the second run, and the third set for the third run. The CO
2 sample is taken simultaneously with each particulate run being conducted at the outlet, by traversing the 3 sampling points, or more, and sampling at each point for equal increments of time.
NR 440.21(5)(c)2.
2. Excess air measurements may be used to determine the adjusted CO
2 concentration, (%CO
2)
adj, using the following equation:
(%CO2)adj = (%CO2)di [(100 + %EAi)/ (100 + %EAo)]
where:
(%CO2)adj is the adjusted outlet CO2 concentration, percent dry basis
(%CO2)di is the CO2 concentration at the inlet of the wet scrubber, percent dry basis
%EAi is the excess air at the inlet of the scrubber, percent
%EAo is the excess air at the outlet of the scrubber, percent
NR 440.21(5)(c)2.a.
a. A gas sample is collected as in
subd. 1. c. and the gas samples at both the inlet and outlet locations are analyzed for CO
2, O
2 and N
2.
NR 440.21(5)(c)2.b.
b. Equation 3B-3 of Method 3B is used to compute the percentages of excess air at the inlet and outlet of the wet scrubber.
NR 440.21 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84; am. (2) (intro.),
Register, September, 1990, No. 417, eff. 10-1-90; r. and recr. (5),
Register, July, 1993, No. 451, eff. 8-1-93;
CR 06-109: renum. (3) (a) to be (3) and am., renum. (4) (a) to be (4), am. (5) (b) 1. and 3. a. Register May 2008 No. 629, eff. 6-1-08.
NR 440.215
NR 440.215 Municipal waste combustors for which construction is commenced after December 20, 1989 and on or before September 20, 1994. NR 440.215(1)(a)(a) The affected facility to which this section applies is each MWC unit with an MWC unit capacity greater than 225 megagrams per day (250 tons per day) of MSW for which construction, modification or reconstruction is commenced as follows:
NR 440.215(1)(a)1.
1. Construction is commenced after December 20, 1989 and on or before September 20, 1994.
NR 440.215(1)(a)2.
2. Modification or reconstruction is commenced after December 20, 1989 and on or before June 19, 1996.
NR 440.215(1)(c)
(c) Any unit combusting a single-item waste stream of tires is exempt from this section if the owner or operator of the unit does the following:
NR 440.215(1)(c)2.
2. Provides data documenting that the unit qualifies for the exemption.
NR 440.215(1)(d)
(d) Any cofired combustor, as defined under
sub. (2), located at a plant that meets the capacity specification in
par. (a) is exempt from other requirements of this section if the owner or operator of the cofired combustor does all of the following:
NR 440.215(1)(d)2.
2. Provides a copy of the federally enforceable permit specified in the definition of cofired combustor under
sub. (2).
NR 440.215(1)(d)3.
3. Keeps a record on a calendar quarter basis of the weight of MSW combusted at the cofired combustor and the weight of all other fuels combusted at the cofired combustor.
NR 440.215(1)(e)
(e) Any cofired combustor that is subject to a federally enforceable permit limiting the operation of the combustor to no more than 225 megagrams per day (250 tons per day) of MSW is exempt from this section.
NR 440.215(1)(f)
(f) Physical or operational changes made to an existing MWC unit primarily for the purpose of complying with emission guidelines under
40 CFR part 60 subpart Cb are not considered a modification or reconstruction and do not result in an existing MWC unit becoming subject to this section.
NR 440.215(1)(g)
(g) A qualifying small power production facility, as defined in section 3 (17) (C) of the Federal Power Act (
16 USC 796 (17) (C)), that burns homogeneous waste, such as automotive tires or used oil, but not including refuse-derived fuel, for the production of electric energy is exempt from this section if the owner or operator of the facility notifies the department of an exemption claim and provides data documenting that the facility qualifies for this exemption.
NR 440.215(1)(h)
(h) A qualifying cogeneration facility, as defined in section 3 (18) (B) of the Federal Power Act (
16 USC 796 (18) (B)), that burns homogeneous waste such as automotive tires or used oil, but not including refuse-derived fuel, for the production of electric energy and steam or forms of useful energy such as heat that are used for industrial, commercial, heating or cooling purposes, is exempt from this section if the owner or operator of the facility notifies the department of an exemption claim and provides data documenting that the facility qualifies for this exemption.
NR 440.215(1)(i)
(i) Any unit required to have a permit under section 3005 of the Solid Waste Disposal Act (
42 USC 6925) is exempt from this section.
NR 440.215(1)(j)
(j) Any materials recovery facility, including primary or secondary smelters, that combusts waste for the primary purpose of recovering metals is exempt from this section.
NR 440.215(1)(k)
(k) Pyrolysis or combustion units that are an integrated part of a plastics or rubber recycling unit, as defined under
sub. (2), are exempt from this section if the owner or operator of the plastics or rubber recycling unit keeps records of the weight of plastics, rubber and rubber tires processed on a calendar quarter basis; the weight of chemical plant feedstocks and petroleum refinery feedstocks produced and marketed on a calendar quarter basis; and the name and address of the purchaser of the feedstocks. The combustion of gasoline, diesel fuel, jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, liquified petroleum gas, propane or butane produced by chemical plants or petroleum refineries that use feedstocks produced by plastics or rubber recycling units are exempt from this section.
NR 440.215(2)
(2) Definitions. All terms not defined in this section have the meanings given in
s. NR 440.02. In this section:
NR 440.215(2)(a)
(a) “Batch MWC"means an MWC unit designed such that it cannot combust MSW continuously 24 hours per day because the design does not allow waste to be fed to the unit or ash to be removed while combustion is occurring.
NR 440.215(2)(b)
(b) “Bubbling fluidized bed combustor" means a fluidized bed combustor in which the majority of the bed material remains in a fluidized state in the primary combustion zone.
NR 440.215(2)(be)
(be) “Calendar quarter" means a consecutive 3-month period, nonoverlapping, beginning on January 1, April 1, July 1 or October 1.
NR 440.215(2)(bm)
(bm) “Chief facility operator" means the person in direct charge and control of the operation of an MWC and who is responsible for daily on site supervision, technical direction, management and overall performance of the facility.
NR 440.215(2)(c)
(c) “Circulating fluidized bed combustor" means a fluidized bed combustor in which the majority of the fluidized bed material is carried out of the primary combustion zone and is transported back to the primary zone through a recirculation loop.
NR 440.215(2)(cm)
(cm) “Clean wood" means untreated wood or untreated wood products including clean untreated lumber, tree stumps (whole or chipped) and tree limbs (whole or chipped). Clean wood does not include yard waste, construction, renovation and demolition wastes (which includes railroad ties and telephone poles), which are exempt from the definition of MSW.
NR 440.215(2)(d)
(d) “Cofired combustor" means a unit combusting MSW with a non-MSW fuel (for example, coal or industrial process waste) and subject to a federally enforceable permit limiting the unit to combusting a fuel feed stream, 30% or less of the weight of which is comprised, in aggregate, of MSW as measured on a calendar quarter basis.
NR 440.215(2)(dm)
(dm) “Continuous emission monitoring system" or “CEMS" means a monitoring system for continuously measuring the emissions of a pollutant from an affected facility.
NR 440.215(2)(ds)
(ds) “Continuous monitoring system" means the total equipment used to sample and condition (if applicable), to analyze and to provide a permanent record of emissions or process parameters.
NR 440.215(2)(e)
(e) “Dioxin/furan" means total tetra through octa-chlorinated dibenzo-p- dioxins and dibenzofurans.
NR 440.215(2)(em)
(em) “Four-hour block average" or “4-hour block average" means the average of all hourly emission rates when the affected facility is operating and combusting MSW measured over 4-hour periods of time from 12:00 midnight to 4 a.m., 4 a.m. to 8 a.m., 8 a.m. to 12:00 noon, 12:00 noon to 4 p.m., 4 p.m. to 8 p.m., and 8 p.m. to 12:00 midnight.
NR 440.215(2)(f)
(f) “Large MWC plant" means an MWC plant with an MWC aggregate plant capacity for affected facilities that is greater than 225 megagrams per day (250 tons per day) of MSW.
NR 440.215(2)(fm)
(fm) “Mass burn refractory MWC" means a field-erected combustor that combusts MSW in a refractory wall furnace. Unless otherwise specified, this includes combustors with a cylindrical rotary refractory wall furnace.
NR 440.215(2)(g)
(g) “Mass burn rotary waterwall MWC" means a field-erected combustor that combusts MSW in a cylindrical rotary waterwall furnace.
NR 440.215(2)(gm)
(gm) “Mass burn waterwall MWC" means a field-erected combustor that combusts MSW in a waterwall furnace.
NR 440.215(2)(h)
(h) “Maximum demonstrated MWC unit load" means the highest 4-hour arithmetic average MWC unit load achieved during 4 consecutive hours during the most recent dioxin/furan performance test demonstrating compliance with the applicable limit for MWC organics specified under
sub. (4).
NR 440.215(2)(hm)
(hm) “Maximum demonstrated particulate matter control device temperature" means the maximum 4-hour arithmetic average flue gas temperature measured at the particulate matter control device inlet during 4 consecutive hours during the most recent dioxin/furan performance test demonstrating compliance with the applicable limit for MWC organics specified under
sub. (4).
NR 440.215(2)(i)
(i) “Modification" or “modified MWC unit" means an MWC unit to which changes have been made if the cumulative cost of the changes, over the life of the unit, exceed 50% of the original cost of construction and installation of the unit, not including the cost of any land purchased in connection with the construction or installation, updated to current costs; or any physical change in the MWC unit or change in the method of operation of the MWC unit which increases the amount of any air pollutant emitted by the unit for which standards have been established under section 111 or 129 of the Act (
42 USC 7411 or
7429). Increases in the amount of any air pollutant emitted by the MWC unit are determined at 100% physical load capability and downstream of all air pollution control devices, with no consideration given for load restrictions based on permits or other non-physical operational restrictions.
NR 440.215(2)(im)
(im) “Modular excess air MWC" means a combustor that combusts MSW and that is not field erected and has multiple combustion chambers, all of which are designed to operate at conditions with combustion air amounts in excess of theoretical air requirements.
NR 440.215(2)(j)
(j) “Modular starved air MWC" means a combustor that combusts MSW and that is not field erected and has multiple combustion chambers in which the primary combustion chamber is designed to operate at substoichiometric conditions.
NR 440.215(2)(jm)
(jm) “Municipal solid waste" or “municipal type solid waste" or “MSW" means household, commercial, retail or institutional waste. Household waste includes material discarded by single and multiple residential dwellings, hotels, motels and other similar permanent or temporary housing establishments or facilities. Commercial or retail waste includes material discarded by stores, offices, restaurants, warehouses, nonmanufacturing activities at industrial facilities and other similar establishments or facilities. Institutional waste includes material discarded by schools, nonmedical waste discarded by hospitals, material discarded by nonmanufacturing activities at prisons and government facilities and material discarded by other similar establishments or facilities. Household, commercial or retail and institutional waste do not include used oil; sewage sludge; wood pallets; construction, renovation and demolition wastes (which includes railroad ties and telephone poles); industrial process or manufacturing wastes; medical waste or motor vehicles including motor vehicle parts or vehicle fluff. Household, commercial, retail and institutional wastes include yard waste, refuse-derived fuel and motor vehicle maintenance materials limited to vehicle batteries and tires except as specified in
sub. (1) (c).
NR 440.215(2)(k)
(k) “Municipal waste combustor" or “MWC" or “MWC unit" means any setting or equipment that combusts solid, liquid or gasified MSW including, but not limited to, field erected incinerators with or without heat recovery; modular incinerators, starved air or excess air; boilers or steam generating units; furnaces whether suspension fired, grate fired, mass fired, air curtain incinerators or fluidized bed fired; and pyrolysis or combustion units. MWC does not include pyrolysis or combustion units located at plastics or rubber recycling units. MWC does not include internal combustion engines, gas turbines or other combustion devices that combust landfill gases collected by landfill gas collection systems. The MWC unit includes the MSW fuel feed system, grate system, flue gas system, bottom ash system and the combustor water system. The MWC boundary starts at the MSW pit or hopper and extends through the combustor flue gas system, which ends immediately following the heat recovery equipment or, if there is no heat recovery equipment, immediately following the combustion chamber; the combustor bottom ash system, which ends at the truck loading station or similar ash handling equipment that transfers the ash to final disposal, including all ash handling systems that are connected to the bottom ash handling system; and the combustor water system, which starts at the feed water pump and ends at the piping exiting the steam drum or superheater. The MWC unit does not include air pollution control equipment, the stack, water treatment equipment or the turbine generator set.
NR 440.215(2)(L)
(L) “MWC acid gases" means all acid gases emitted in the exhaust gases from MWC units including but not limited to sulfur dioxide and hydrogen chloride gases.
NR 440.215(2)(m)
(m) “MWC metals" means metals and metal compounds emitted in the exhaust gases from MWC units.
NR 440.215(2)(n)
(n) “MWC organics" means organic compounds emitted in the exhaust gases from MWC units and includes total tetra through octa-chlorinated dibenzo-p- dioxins and dibenzofurans.
NR 440.215(2)(o)
(o) “MWC plant" means one or more MWC units at the same location for which construction, modification or reconstruction is commenced after December 20, 1989 and on or before September 20, 1994.
NR 440.215(2)(p)
(p) “MWC plant capacity" means the aggregate MWC unit capacity of all MWC units at an MWC plant for which construction, modification or reconstruction of the units commenced after December 20, 1989 and on or before September 20, 1994. Any MWC units for which construction, modification or reconstruction is commenced on or before December 20, 1989 or after September 20, 1994 are not included for determining applicability under this section.
NR 440.215(2)(q)
(q) “MWC unit capacity" means the maximum design charging rate of an MWC unit expressed in megagrams per day or tons per day of MSW combusted, calculated according to the procedures under
sub. (9) (j). Municipal waste combustor unit capacity is calculated using a design heating value of 10,500 kilojoules per kilogram (4,500 British thermal units per pound) for MSW. The calculational procedures under
sub. (9) (j) include procedures for determining MWC unit capacity for continuous and batch feed MWCs.
