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 HistoryHistory: 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 440.216NR 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. NR 440.216(2)(am)(am) “Batch municipal waste combustor” means a municipal waste combustor unit designed so that it cannot combust municipal solid waste 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 440.216(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 440.216(2)(bm)(bm) “Calendar quarter” means a consecutive 3-month period, nonoverlapping, beginning on January 1, April 1, July 1, and October 1. NR 440.216(2)(c)(c) “Chief facility operator” means the person in direct charge and control of the operation of a municipal waste combustor and who is responsible for daily onsite supervision, technical direction, management and overall performance of the facility. NR 440.216(2)(d)(d) “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 440.216(2)(dm)(dm) “Clean wood” means untreated wood or untreated wood products including clean untreated lumber, whole or chipped tree stumps and whole or chipped tree limbs. Clean wood does not include yard waste, construction, renovation and demolition wastes, including railroad ties and telephone poles, which are exempt from the definition of municipal solid waste. NR 440.216(2)(e)(e) “Cofired combustor” means a unit combusting municipal solid waste with nonmunicipal solid waste 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 municipal solid waste as measured on a calendar quarter basis. NR 440.216(2)(em)(em) “Continuous emission monitoring system” means a monitoring system for continuously measuring the emissions of a pollutant from an affected facility. NR 440.216(2)(f)(f) “Dioxin/furan” means tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans. NR 440.216(2)(fm)(fm) “First calendar half” means the period starting on January 1 and ending on June 30 in any year. NR 440.216(2)(g)(g) “Four-hour block average” or “4-hour block average” means the average of all hourly emission concentrations when the affected facility is operating and combusting municipal solid waste 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 440.216(2)(gm)(gm) “Mass burn refractory municipal waste combustor” means a field-erected combustor that combusts municipal solid waste in a refractory wall furnace. Unless otherwise specified, this includes combustors with a cylindrical rotary refractory wall furnace. NR 440.216(2)(h)(h) “Mass burn rotary waterwall municipal waste combustor” means a field-erected combustor that combusts municipal solid waste in a cylindrical rotary waterwall furnace or on a tumbling-tile grate. NR 440.216(2)(hm)(hm) “Mass burn waterwall municipal waste combustor” means a field-erected combustor that combusts municipal solid waste in a waterwall furnace. NR 440.216(2)(i)(i) “Materials separation plan” means a plan that identifies both a goal and an approach to separate certain components of municipal solid waste for a given service area in order to make the separated materials available for recycling. A materials separation plan may include elements such as drop-off facilities, buy-back or deposit-return incentives, curbside pickup programs or centralized mechanical separation systems. A materials separation plan may include different goals or approaches for different subareas in the service area, and may include no materials separation activities for certain subareas or, if warranted, an entire service area. NR 440.216(2)(im)(im) “Maximum demonstrated municipal waste combustor unit load” means the highest 4-hour arithmetic average municipal waste combustor unit load achieved during 4 consecutive hours during the most recent dioxin/furan performance test demonstrating compliance with the applicable limit for municipal waste combustor organics specified under sub. (5). NR 440.216(2)(j)(j) “Maximum demonstrated particulate matter control device temperature” means the highest 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 municipal waste combustor organics specified under sub. (5). NR 440.216(2)(jm)(jm) “Modification” or “modified municipal waste combustor unit” means a municipal waste combustor unit to which changes have been made after June 19, 1996 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 municipal waste combustor unit or change in the method of operation of the municipal waste combustor unit which increases the amount of any air pollutant emitted by the unit for which standards have been established under section 129 or section 111 of the Act (42 USC 7429 or 7411). Increases in the amount of any air pollutant emitted by the municipal waste combustor 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 nonphysical operational restrictions. NR 440.216(2)(k)(k) “Modular excess-air municipal waste combustor” means a combustor that combusts municipal solid waste 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 440.216(2)(km)(km) “Modular starved-air municipal waste combustor” means a combustor that combusts municipal solid waste 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 440.216(2)(L)(L) “Municipal solid waste” or “municipal-type solid waste” or “MSW” means household, commercial or retail, and 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 does not include used oil; sewage sludge; wood pallets; construction, renovation and demolition wastes, which includes but is not limited to railroad ties and telephone poles; clean wood; industrial process or manufacturing wastes; medical waste; or motor vehicles, including motor vehicle parts or vehicle fluff. Household, commercial or 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) (g). NR 440.216(2)(Lm)(Lm) “Municipal waste combustor”, “MWC” or “municipal waste combustor unit” means any setting or equipment that combusts solid, liquid or gasified municipal solid waste including field-erected incinerators, with or without heat recovery; modular incinerators, starved-air or excess-air; boilers, that is, steam generating units; furnaces, whether suspension-fired, grate-fired, mass-fired, air curtain incinerators or fluidized bed-fired; and pyrolysis or combustion units. Municipal waste combustors do not include pyrolysis or combustion units located at a plastics or rubber recycling unit as specified in sub. (1) (m). Municipal waste combustors do not include cement kilns firing municipal solid waste. Municipal waste combustors do not include internal combustion engines, gas turbines or other combustion devices that combust landfill gases collected by landfill gas collection systems. The boundaries of a municipal solid waste combustor are defined as follows: NR 440.216(2)(Lm)1.1. The municipal waste combustor unit includes, but is not limited to, the municipal solid waste fuel feed system, grate system, flue gas system, bottom ash system and the combustor water system. The municipal waste combustor boundary starts at the municipal solid waste 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. NR 440.216(2)(Lm)2.2. The municipal waste combustor unit does not include air pollution control equipment, the stack, water treatment equipment or the turbine-generator set. NR 440.216(2)(m)(m) “Municipal waste combustor acid gases” means all acid gases emitted in the exhaust gases from municipal waste combustor units including sulfur dioxide and hydrogen chloride gases. NR 440.216(2)(mm)(mm) “Municipal waste combustor metals” means metals and metal compounds emitted in the exhaust gases from municipal waste combustor units. NR 440.216(2)(n)(n) “Municipal waste combustor organics” means organic compounds emitted in the exhaust gases from municipal waste combustor units and includes tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans. NR 440.216(2)(nm)(nm) “Municipal waste combustor plant” means one or more affected facilities, as specified in sub. (1), at the same location. NR 440.216(2)(o)(o) “Municipal waste combustor unit capacity” means the maximum charging rate of a municipal waste combustor unit expressed in tons per day of municipal solid waste combusted, calculated according to the procedures under sub. (12) (j). Subsection (12) (j) includes procedures for determining municipal waste combustor unit capacity for continuous and batch feed municipal waste combustors. NR 440.216(2)(om)(om) “Municipal waste combustor unit load” means the steam load of the municipal waste combustor unit measured as specified in sub. (12) (i) 6. NR 440.216(2)(p)(p) “Particulate matter” means total particulate matter emitted from municipal waste combustor units as measured by Method 5 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1). NR 440.216(2)(pm)(pm) “Plastics or rubber recycling unit” means an integrated processing unit where plastics, rubber or rubber tires are the only feed materials, except that incidental contaminants may be included in the feed materials, and the feed materials are processed into a chemical plant feedstock or petroleum refinery feedstock, where the feedstock is marketed to and used by a chemical plant or petroleum refinery as input feedstock. The combined weight of the chemical plant feedstock and petroleum refinery feedstock produced by the plastics or rubber recycling unit on a calendar quarter basis shall be more than 70% of the combined weight of the plastics, rubber and rubber tires processed by the plastics or rubber recycling unit on a calendar quarter basis. The plastics, rubber or rubber tire feed materials to the plastics or rubber recycling unit may originate from the separation or diversion of plastics, rubber or rubber tires from MSW or industrial solid waste, and may include manufacturing scraps, trimmings, and off-specification plastics, rubber and rubber tire discards. The plastics, rubber and rubber tire feed materials to the plastics or rubber recycling unit may contain incidental contaminants, for example, paper labels on plastic bottles or metal rings on plastic bottle caps, etc. NR 440.216(2)(q)(q) “Potential hydrogen chloride emission concentration” means the hydrogen chloride emission concentration that would occur from combustion of municipal solid waste in the absence of any emission controls for municipal waste combustor acid gases. NR 440.216(2)(qm)(qm) “Potential mercury emission concentration” means the mercury emission concentration that would occur from combustion of municipal solid waste in the absence of any mercury emissions control. NR 440.216(2)(r)(r) “Potential sulfur dioxide emissions” means the sulfur dioxide emission concentration that would occur from combustion of municipal solid waste in the absence of any emission controls for municipal waste combustor acid gases. NR 440.216(2)(rm)(rm) “Pulverized coal and refuse-derived fuel mixed fuel-fired combustor” means a combustor that fires coal and refuse-derived fuel simultaneously, in which pulverized coal is introduced into an air stream that carries the coal to the combustion chamber of the unit where it is fired in suspension. This includes both conventional pulverized coal and micropulverized coal. NR 440.216(2)(s)(s) “Pyrolysis or combustion unit” means a unit that produces gases, liquids or solids through the heating of municipal solid waste, and the gases, liquids or solids produced are combusted and emissions vented to the atmosphere. NR 440.216(2)(sm)(sm) “Reconstruction” means rebuilding a municipal waste combustor unit for which the reconstruction commenced after June 19, 1996, and the cumulative costs of the construction over the life of the unit exceed 50% of the original cost of construction and installation of the unit, not including any cost of land purchased in connection with the construction or installation, updated to current costs in dollars. NR 440.216(2)(t)(t) “Refractory unit” or “refractory wall furnace” means a combustion unit having no energy recovery, for example, via a waterwall, in the furnace, that is, radiant heat transfer section, of the combustor. NR 440.216(2)(tm)(tm) “Refuse-derived fuel” means a type of municipal solid waste produced by processing municipal solid waste through shredding and size classification. This includes all classes of refuse-derived fuel including low-density fluff refuse-derived fuel through densified refuse-derived fuel and pelletized refuse-derived fuel. NR 440.216(2)(u)(u) “Refuse-derived fuel stoker” means a steam generating unit that combusts refuse-derived fuel in a semisuspension firing mode using air-fed distributors. NR 440.216(2)(um)(um) “Same location” means the same or contiguous property that is under common ownership or control including properties that are separated only by a street, road, highway or other public right-of-way. Common ownership or control includes properties that are owned, leased or operated by the same entity, parent entity, subsidiary, subdivision or any combination thereof including any municipality or other governmental unit or any quasi-governmental authority, for example, a public utility district or regional waste disposal authority. NR 440.216(2)(v)(v) “Second calendar half” means the period starting July 1 and ending on December 31 in any year. NR 440.216(2)(vm)(vm) “Shift supervisor” means the person who is in direct charge and control of the operation of a municipal waste combustor and who is responsible for onsite supervision, technical direction, management and overall performance of the facility during an assigned shift. NR 440.216(2)(w)(w) “Spreader stoker coal and refuse-derived fuel mixed fuel-fired combustor” means a combustor that fires coal and refuse-derived fuel simultaneously, in which coal is introduced to the combustion zone by a mechanism that throws the fuel onto a grate from above. Combustion takes place both in suspension and on the grate. NR 440.216(2)(wm)(wm) “Standard conditions” means a temperature of 20°C (60°F) and a pressure of 101.3 kilopascals (29.92 in Hg). NR 440.216(2)(x)(x) “Total mass dioxin/furan” or “total mass” means the total mass of tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans, as determined using Method 23 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), and the procedures specified under sub. (12) (g). NR 440.216(2)(xm)(xm) “Tumbling-tile” means a grate tile hinged at one end and attached to a ram at the other end. When the ram extends, the grate tile rotates around the hinged end. NR 440.216(2)(y)(y) “Twenty-four hour daily average” or “24-hour daily average” means either the arithmetic mean or geometric mean, as specified, of all hourly emission concentrations when the affected facility is operating and combusting municipal solid waste measured over a 24-hour period between 12:00 midnight and the following midnight. NR 440.216(2)(ym)(ym) “Untreated lumber” means wood or wood products that have been cut or shaped and include wet, air-dried and kiln-dried wood products. Untreated lumber does not include wood products that have been painted, pigment-stained or pressure-treated. Pressure-treating compounds include, but are not limited to, chromated copper arsenate, pentachlorophenol and creosote. NR 440.216(2)(z)(z) “Waterwall furnace” means a combustion unit having energy (heat) recovery in the furnace (radiant heat transfer section) of the combustor. NR 440.216(2)(zm)(zm) “Yard waste” means grass, grass clippings, bushes, shrubs and clippings from bushes and shrubs that are generated by residential, commercial or retail, institutional or industrial sources as part of maintenance activities associated with yards or other private or public lands. Yard waste does not include construction, renovation and demolition wastes, which are exempt from the definition of municipal solid waste in this section. Yard waste does not include clean wood, which is exempt from the definition of municipal solid waste. NR 440.216(3)(a)(a) On and after the date on which the initial performance test is completed or is required to be completed under s. NR 440.08, no owner or operator of an affected facility may cause to be discharged into the atmosphere from that affected facility any gases that contain particulate matter in excess of 24 milligrams per dry standard cubic meter, corrected to 7% oxygen. NR 440.216(3)(b)(b) On and after the date on which the initial performance test is completed or is required to be completed under s. NR 440.08, no owner or operator of an affected facility may cause to be discharged into the atmosphere from that affected facility any gases that exhibit greater than 10% opacity (6-minute average). NR 440.216(3)(c)(c) On and after the date on which the initial performance test is completed or is required to be completed under s. NR 440.08, no owner or operator of an affected facility may cause to be discharged into the atmosphere from that affected facility any gases that contain cadmium in excess of 0.020 milligrams per dry standard cubic meter, corrected to 7% oxygen.
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