NR 440.215(9)(g)6.
6. Following the initial compliance test or the date on which the initial compliance test is required to be completed under
s. NR 440.08, compliance with the emission limit for nitrogen oxides required under
sub. (6) shall be determined based on the arithmetic average of the arithmetic average hourly emission rates during each 24-hour daily period measured between 12:00 midnight and the following midnight using CEMS data.
NR 440.215(9)(g)7.
7. At a minimum, valid CEMS data shall be obtained for 75% of the hours per day for 75% of the days per month the affected facility is operated and combusting MSW.
NR 440.215(9)(g)8.
8. The 1-hour arithmetic averages required by
subd. 6. shall be expressed in parts per million volume dry basis and used to calculate the 24-hour daily arithmetic average emission rates. The 1-hour arithmetic averages shall be calculated using the data points required under
s. NR 440.13 (2). At least 2 data points shall be used to calculate each 1-hour arithmetic average.
NR 440.215(9)(g)9.
9. All valid CEMS data shall be used in calculating emission rates even if the minimum CEMS data requirements of
subd. 7. are not met.
NR 440.215(9)(g)11.
11. Quarterly accuracy determinations and daily calibration drift tests shall be performed in accordance with procedure 1 of Appendix F of
40 CFR part 60, incorporated by reference in
s. NR 440.17.
NR 440.215(9)(g)12.
12. When nitrogen oxides emissions data are not obtained because of CEMS breakdowns, repairs, calibration checks and zero and span adjustments, emission data calculations to determine compliance shall be made using other monitoring systems as approved by the department or Method 19 to provide, as necessary, valid emission data for a minimum of 75% of the hours per day for 75% of the days per month the unit is operated and combusting MSW.
NR 440.215(9)(h)
(h) The following procedures shall be used for determining compliance with the operating standards under
sub. (7):
NR 440.215(9)(h)1.
1. Compliance with the carbon monoxide emission limits in
sub. (7) (a) shall be determined using a 4-hour block arithmetic average for all types of affected facilities except mass burn rotary waterwall MWCs, RDF stokers and spreader stoker and RDF mixed fuel-fired combustors.
NR 440.215(9)(h)2.
2. For affected mass burn rotary waterwall MWCs, RDF stokers and spreader stoker and RDF mixed fuel-fired combustors, compliance with the carbon monoxide emission limits in
sub. (7) (a) shall be determined using a 24-hour daily arithmetic average.
NR 440.215(9)(h)3.
3. The owner or operator of an affected facility shall install, calibrate, maintain and operate a CEMS for measuring carbon monoxide at the combustor outlet and record the output of the system.
NR 440.215(9)(h)4.
4. The 4-hour and 24-hour daily arithmetic averages in
subds. 1. and
2. shall be calculated from 1-hour arithmetic averages expressed in parts per million by volume dry basis. The 1-hour arithmetic averages shall be calculated using the data points generated by the CEMS. At least 2 data points shall be used to calculate each 1-hour arithmetic average.
NR 440.215(9)(h)5.
5. An owner or operator may request that compliance with the carbon monoxide emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7% oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established during the initial compliance test.
NR 440.215(9)(h)6.
6. The following procedures shall be used to determine compliance with load level requirements under
sub. (7) (b):
NR 440.215(9)(h)6.a.
a. The owner or operator of an affected facility with steam generation capability shall install, calibrate, maintain and operate a steam flow meter or a feedwater flow meter, measure steam or feedwater flow in kilograms per hour or pounds per hour on a continuous basis, and record the output of the monitor. Steam or feedwater flow shall be calculated in 4-hour block arithmetic averages.
NR 440.215(9)(h)6.b.
b. The method contained in ASME Power Test Codes: Test Code for Steam Generating Units, PTC 4.1 (1964) section 4, incorporated by reference in
s. NR 440.17 (2) (h) 2., shall be used for calculating the steam or feedwater flow required under
subd. 6. a. The recommendations of Instruments and Apparatus: Measurement of Quantity of Materials, ASME Interim Supplement 19.5 (1971) chapter 4, incorporated by reference in
s. NR 440.17 (2) (h) 3., shall be followed for design, construction, installation, calibration and use of nozzles and orifices except as specified in
subd. 6. c.
NR 440.215(9)(h)6.c.
c. Measurement devices such as flow nozzles and orifices are not required to be recalibrated after they are installed.
NR 440.215(9)(h)6.d.
d. All signal conversion elements associated with steam or feedwater flow measurements shall be calibrated according to the manufacturer's instructions before each dioxin or furan compliance and performance test, and at least once per year.
NR 440.215(9)(h)7.
7. To determine compliance with the maximum particulate matter control device temperature requirements under
sub. (7) (c), the owner or operator of an affected facility shall install, calibrate, maintain and operate a device for measuring temperature of the flue gas stream at the inlet to the final particulate matter control device on a continuous basis and record the output of the device. Temperature shall be calculated in 4-hour block arithmetic averages.
NR 440.215(9)(h)8.
8. Maximum demonstrated MWC unit load shall be determined during the initial compliance test for dioxins/furans and each subsequent performance test during which compliance with the dioxin/furan emission limit under
sub. (4) is achieved. Maximum demonstrated MWC unit load shall be the maximum 4- hour arithmetic average load achieved during the most recent test during which compliance with the dioxin/furan limit was achieved.
NR 440.215(9)(h)9.
9. The maximum demonstrated particulate matter control device temperature shall be determined during the initial compliance test for dioxins/furans and each subsequent performance test during which compliance with the dioxin/furan emission limit under
sub. (4) is achieved. Maximum demonstrated particulate matter control device temperature shall be the maximum 4-hour arithmetic average temperature achieved at the final particulate matter control device inlet during the most recent test during which compliance with the dioxin/furan limit was achieved.
NR 440.215(9)(h)10.
10. At a minimum, valid CEMS data for carbon monoxide, steam or feedwater flow and particulate matter control device inlet temperature shall be obtained 75% of the hours per day for 75% of the days per month the affected facility is operated and combusting MSW.
NR 440.215(9)(h)11.
11. All valid data shall be used in calculating the parameters specified under this paragraph even if the minimum data requirements of
subd. 10. are not met.
NR 440.215(9)(h)12.
12. Quarterly accuracy determinations and daily calibration drift tests for carbon monoxide CEMS shall be performed in accordance with procedure 1 of Appendix F of
40 CFR part 60, incorporated by reference in
s. NR 440.17.
NR 440.215(9)(j)
(j) The following procedures shall be used for calculating MWC unit capacity as defined under
sub. (2):
NR 440.215(9)(j)1.
1. For MWC units capable of combusting MSW continuously for a 24-hour period, MWC unit capacity in megagrams per day or tons per day of MSW combusted shall be calculated based on 24 hours of operation at the maximum design charging rate. The design heating values under
subd. 4. shall be used in calculating the design charging rate.
NR 440.215(9)(j)2.
2. For batch MWC units, MWC unit capacity in megagrams per day or tons per day of MSW combusted shall be calculated as the maximum design amount of MSW that can be charged per batch multiplied by the maximum number of batches that could be processed in a 24-hour period. The maximum number of batches that could be processed in a 24-hour period is calculated as 24 hours divided by the design number of hours required to process one batch of MSW, and may include fractional batches. The design heating values under
subd. 4. shall be used in calculating the MWC unit capacity in megagrams per day or tons per day of MSW.
NR 440.215 Note
Note:
For example, if one batch requires 16 hours then 24/16 or 1.5 batches could be combusted in a 24-hour period.
NR 440.215(9)(j)4.
4. MWC unit capacity shall be calculated using a design heating value of 10,500 kilojoules per kilogram (4,500 Btu per pound) for all MSW.
NR 440.215(10)
(10) Reporting and recordkeeping requirements. The owner or operator of an affected facility located at an MWC plant with a capacity greater than 225 megagrams per day (250 tons per day) shall provide notification of intent to construct and of planned initial startup date and the type or types of fuels planned for combustion in the affected facility. The MWC unit capacity and MWC plant capacity and supporting capacity calculations shall be provided at the time of the notification of construction.
NR 440.215(10c)
(10c) Daily records. The owner or operator of an affected facility located within a small or large MWC plant and subject to the standards under
sub. (3),
(4),
(5),
(6) or
(7) shall maintain records of the following information for each affected facility for a period of at least 2 years:
NR 440.215(10c)(b)1.
1. The following measurements shall be recorded in computer readable format and on paper:
NR 440.215(10c)(b)1.b.
b. All 1-hour average sulfur dioxide emission rates at the inlet and outlet of the acid gas control device if compliance is based on a percent reduction or at the outlet only if compliance is based on the outlet emission limit as specified under
sub. (9) (e).
NR 440.215(10c)(b)1.d.
d. All 1-hour average carbon monoxide emission rates, MWC unit load measurements and particulate matter control device inlet temperatures as specified under
sub. (9) (h).
NR 440.215(10c)(b)2.a.
a. All 24-hour daily geometric average percent reductions in sulfur dioxide emissions and all 24-hour daily geometric average sulfur dioxide emission rates as specified under
sub. (9) (e).
NR 440.215(10c)(b)2.c.
c. All 4-hour block or 24-hour daily arithmetic average carbon monoxide emission rates, as applicable, as specified under
sub. (9) (h).
NR 440.215(10c)(b)2.d.
d. All 4-hour block arithmetic average MWC unit load levels and particulate matter control device inlet temperatures as specified under
sub. (9) (h).
NR 440.215(10c)(c)
(c) Identification of the operating days when any of the average emission rates, percent reductions or operating parameters specified under
par. (b) 2. or the opacity level exceeded the applicable limits with reasons for such exceedances as well as a description of corrective actions taken.
NR 440.215(10c)(d)
(d) Identification of operating days for which the minimum number of hours of sulfur dioxide or nitrogen oxides emissions or operational data, including carbon monoxide emissions, unit load or particulate matter control device temperature, have not been obtained, including reasons for not obtaining sufficient data and a description of corrective actions taken.
NR 440.215(10c)(e)
(e) Identification of the times when sulfur dioxide or nitrogen oxides emission or operational data, including carbon monoxide emissions, unit load or particulate matter control device temperature, have been excluded from the calculation of average emission rates or parameters and the reasons for excluding data.
NR 440.215(10c)(f)
(f) The results of daily sulfur dioxide, nitrogen oxides and carbon monoxide CEMS drift tests and accuracy assessments as required under procedure 1 of Appendix F of
40 CFR part 60, incorporated by reference in
s. NR 440.17.
NR 440.215(10c)(g)
(g) The results of all annual performance tests conducted to determine compliance with the particulate matter, dioxin/furan and hydrogen chloride limits. For all annual dioxin/furan tests, the maximum demonstrated MWC unit load and maximum demonstrated particulate matter control device temperature shall be recorded along with supporting calculations.
NR 440.215(10f)
(10f) Initial compliance test report. Following the initial compliance test as required under
s. NR 440.08 and
sub. (9), the owner or operator of an affected facility located within a large MWC plant shall submit the initial compliance test data, the performance evaluation of the CEMS using the applicable performance specifications in Appendix B of
40 CFR part 60, incorporated by reference in
s. NR 440.17, and the maximum demonstrated MWC unit load and maximum demonstrated particulate matter control device temperature established during the dioxin/furan compliance test.
NR 440.215(10i)(a)(a) The owner or operator of an affected facility located within a large MWC plant shall submit annual compliance reports for sulfur dioxide, nitrogen oxide if applicable, carbon monoxide, load level and particulate matter control device temperature to the department containing the information recorded under
sub. (10c) (a),
(b) 2. and
(d) to
(f) for each pollutant or parameter. The hourly average values recorded under
sub. (10c) (b) 1. are not required to be included in the annual reports. The owner or operator of an affected facility shall submit reports semiannually once the affected facility is subject to permitting requirements under Title V of the Act (
42 USC 7661 to
7661f).
NR 440.215(10i)(b)
(b) The owner or operator shall submit a semiannual report for any pollutant or parameter that does not comply with the pollutant or parameter limits specified in this section. The report shall include the information recorded under
sub. (10c) (c). For each of the dates reported, the sulfur dioxide, nitrogen oxide, carbon monoxide, load level and particulate matter control device temperature data, as applicable, recorded under
sub. (10c) (b) 2., shall be included.
NR 440.215(10i)(c)
(c) Reports shall be postmarked no later than the 30th day following the end of the annual or semiannual period, as applicable.
NR 440.215(10k)(a)(a) The owner or operator of an affected facility located within a large MWC plant shall submit annual compliance reports, as applicable, for opacity. The annual report shall list the percent of the affected facility operating time for the reporting period that the opacity CEMS was operating and collecting valid data. Once the unit is subject to permitting requirements under Title V of the Act (
42 USC 7661 to
7661f), the owner or operator of an affected facility shall submit these reports semiannually.
NR 440.215(10k)(b)
(b) The owner or operator shall submit a semiannual report for all periods when the 6-minute average levels exceeded the opacity limit under
sub. (3). The semiannual report shall include all information recorded under
sub. (10c) (c) which pertains to opacity, and a listing of the 6-minute average opacity levels recorded under
sub. (10c) (b) 1. a. which exceeded the opacity limit.
NR 440.215(10k)(c)
(c) Reports shall be postmarked no later than the 30th day following the end of the annual of semiannual period, as applicable.
NR 440.215(10n)(a)(a) The owner or operator of an affected facility located within a large MWC plant shall submit reports to the department of all annual performance tests for particulate matter, dioxin/furan and hydrogen chloride as recorded under
sub. (10c) (g), as applicable, from the affected facility. For each annual dioxin/furan compliance test, the maximum demonstrated MWC unit load and maximum demonstrated particulate matter control device temperature shall be reported. Reports shall be submitted when available and in no case later than the date of required submittal of the annual report specified under
subs. (10i) and
(10k), or within 6 months of the date the test was conducted, whichever is earlier.
NR 440.215(10n)(b)
(b) The owner or operator shall submit a report of test results which documents any particulate matter, dioxin/furan and hydrogen chloride levels that were above the applicable pollutant limit. The report shall include a copy of the test report documenting the emission levels and shall include the corrective action taken. Reports shall be submitted when available and in no case later than the date required for submittal of any semi-annual report required in
subs. (10i) and
(10k), or within 6 months of the date the test was conducted, whichever is earlier.
NR 440.215(10p)
(10p) CEMS data records. Records of CEMS data for opacity, sulfur dioxide, nitrogen oxides, carbon monoxide, load level data and particulate matter control device temperature data shall be maintained for at least 2 years after date of recordation and be made available for inspection upon request.
NR 440.215(10s)
(10s) Operating manual review records. Records showing the names of persons who have completed review of the operating manual, including the date of the initial review and all subsequent annual reviews, shall be maintained for at least 2 years after date of review and be made available for inspection upon request.
NR 440.215 History
History: Cr.,
Register, December, 1995, No. 480, eff. 1-1-96
; correction made under s. 13.93 (2m) (b) 1., Stats.,
Register, April, 1997, No. 496; correction in (10c) (intro.) made under s. 13.93 (2m) (b) 7.,
Register, November, 1999, No. 527;
CR 06-109: am. NR 440.215 (title), renum. (1) (a) to be (1) (a) (intro.) and am., cr. (1) (a) 1. and 2., (h) to (k), (2) (be), (ds), (rm), (tg), (tr), (ug), (ur), (xm), (ze), (zm) and (zs), (9) (h) 6. c. and d., (10i) (b) and (c), (10k) (b) and (c) and (10n) (b), r. and recr. (1) (c), (d) and (g), (2) (cm) and (i), am. (1) (e) and (f), (2) (d), (f), (fm), (g), (gm), (h), (hm), (jm), (k), (o), (p), (q) and (y), (7) (a) 1. to 10. and (d), (9) (b) 3. and 8., (e) 14., (f) 2., (h) 1., 2. and 6. a. and b. and (h) 10., (10i) (title), (10k) (title), r. (7) (f) 9. and (9) (j) 3. and 4. a. and b., (10c) (h) and (i) and (10u), renum. (9) (j) 4. (intro.) to be (9) (j) 4. and am, renum. (10i), (10k) and (10n) to be (10i) (a), (10k) (a) and (10n) (a) and am. Register May 2008 No. 629, eff. 6-1-08. NR 440.216
NR 440.216 Large municipal waste combustors for which construction is commenced after September 20, 1994 or for which modification or reconstruction is commenced after June 19, 1996. NR 440.216(1)(a)(a) The affected facility to which this section applies is each municipal waste combustor unit with a combustion capacity greater than 250 tons per day of municipal solid waste for which construction is commenced after September 20, 1994 or for which modification or reconstruction is commenced after June 19, 1996.
NR 440.216(1)(b)
(b) Any waste combustion unit that is capable of combusting more than 250 tons per day of municipal solid waste and is subject to a federally enforceable permit limiting the maximum amount of municipal solid waste that may be combusted in the unit to less than or equal to 11 tons per day is not subject to this section if the owner or operator of the unit does all of the following:
NR 440.216(1)(b)2.
2. Provides a copy of the federally enforceable permit that limits the firing of municipal solid waste to less than 11 tons per day.
NR 440.216(1)(b)3.
3. Keeps records of the amount of municipal solid waste fired on a daily basis.
NR 440.216(1)(d)
(d) Physical or operational changes made to an existing municipal waste combustor 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 municipal waste combustor unit becoming subject to this section.
NR 440.216(1)(e)
(e) 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 not subject to this section if the owner or operator of the facility notifies the department of this exemption and provides data documenting that the facility qualifies for this exemption.
NR 440.216(1)(f)
(f) 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 not subject to this section if the owner or operator of the facility notifies the department of this exemption and provides data documenting that the facility qualifies for this exemption.
NR 440.216(1)(g)
(g) Any unit combusting a single-item waste stream of tires is not subject to this section if the owner or operator of the unit does both of the following:
NR 440.216(1)(g)3.
3. Provides data documenting that the unit qualifies for this exemption.
NR 440.216(1)(h)
(h) Any unit required to have a permit under section 3005 of the Solid Waste Disposal Act (
42 USC 6925), or a license under s.
291.25, Stats., is not subject to this section.
NR 440.216(1)(i)
(i) Any materials recovery facility, including primary or secondary smelters, that combusts waste for the primary purpose of recovering metals is not subject to this section.
NR 440.216(1)(j)
(j) Any cofired combustor, as defined under
sub. (2), that meets the capacity specifications in
par. (a) is not subject to this section if the owner or operator of the cofired combustor does all of the following:
NR 440.216(1)(j)2.
2. Provides a copy of the federally enforceable permit specified in the definition of cofired combustor in
sub. (2).
NR 440.216(1)(j)3.
3. Keeps a record on a calendar quarter basis of the weight of municipal solid waste combusted at the cofired combustor and the weight of all other fuels combusted at the cofired combustor.
NR 440.216(1)(k)
(k) Air curtain incinerators, as defined under
sub. (2), located at a plant that meet the capacity specifications in
par. (a) and that combust a fuel stream composed of 100% yard waste are exempt from all provisions of this section except the opacity limit under
sub. (10), the testing procedures under
sub. (12) (a) 1. and the reporting and recordkeeping provisions under
sub. (13) (e) and
(i).
NR 440.216(1)(L)
(L) Air curtain incinerators located at plants that meet the capacity specifications in
par. (a) combusting municipal solid waste other than yard waste are subject to all provisions of this section.
NR 440.216(1)(m)
(m) Pyrolysis or combustion units that are an integrated part of a plastics or rubber recycling unit, as defined in
sub. (2), are not subject to 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 not subject to this section.
NR 440.216(1)(p)
(p) Cement kilns firing municipal solid waste are not subject to this section.
NR 440.216(2)
(2) Definitions. As used in this section, all terms not defined in this subsection have the meanings given in
s. NR 440.02 or, for terms not defined in
s. NR 440.02, the meanings given in
s. NR 400.02. In this section:
NR 440.216(2)(a)
(a) “Air curtain incinerator" means an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which burning occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor.
