NR 440.216(10)
(10) Standards for air curtain incinerators. On and after the date on which the initial performance test is completed or is required to be completed under
s. NR 440.08, the owner or operator of an air curtain incinerator with the capacity to combust greater than 250 tons per day of municipal solid waste and that combusts a fuel feed stream composed of 100% yard waste and no other municipal solid waste materials may at no time cause to be discharged into the atmosphere from that incinerator any gases that exhibit greater than 10% opacity, 6-minute average, except that an opacity level of up to 35%, 6-minute average, is permitted during startup periods during the first 30 minutes of operation of the unit.
NR 440.216(11)(a)(a) The owner or operator of an affected facility for which the initial application for a construction permit under
ch. NR 405 or
408, as applicable, is submitted after December 19, 1995, shall prepare a materials separation plan, as defined in
sub. (2), for the affected facility and its service area, and shall comply with the requirements specified in
subds. 1. to
10. The initial application is defined as representing a good faith submittal for complying with the requirements under
ch. NR 405 or
408, as determined by the department.
NR 440.216(11)(a)1.
1. The owner or operator shall prepare a preliminary draft materials separation plan and shall make the plan available to the public as follows:
NR 440.216(11)(a)1.a.
a. The owner or operator shall distribute the preliminary draft materials separation plan to the principal public libraries in the area where the affected facility is to be constructed.
NR 440.216(11)(a)1.b.
b. The owner or operator shall publish a notification of a public meeting in the principal newspapers serving the area where the affected facility is to be constructed and where the waste treated by the affected facility will primarily be collected. As a minimum, the notification shall include the following information:
1) The date, time, and location of the public meeting.
2) The location of the public libraries where the preliminary draft materials separation plan may be found, including normal business hours of the libraries.
3) An agenda of the issues to be discussed at the public meeting.
4) The dates that the public comment period on the preliminary draft materials separation plan begins and ends.
NR 440.216(11)(a)2.
2. The owner or operator shall conduct a public meeting, accept comments on the preliminary draft materials separation plan and comply with the following requirements:
NR 440.216(11)(a)2.a.
a. The public meeting shall be conducted in the county where the affected facility is to be located.
NR 440.216(11)(a)2.b.
b. The public meeting shall be scheduled to occur 30 days or more after making the preliminary draft materials separation plan available to the public as specified under
subd. 1.
1) The expected size of the service area for the affected facility.
2) The amount of waste generation anticipated for the service area.
3) The types and estimated amounts of materials proposed for separation.
4) The methods proposed for materials separation.
5) The amount of residual waste to be disposed.
6) Alternate disposal methods for handling the residual waste.
7) Identification of the locations where responses to public comment on the preliminary draft materials separation plan will be available for inspection, as specified in subds. 3. and 4.
8) Identification of the locations where the final draft materials separation plan will be available for inspection, as specified in subd. 7.
NR 440.216(11)(a)2.d.
d. Nothing in this section shall preclude an owner or operator from combining this public meeting with any other public meeting required as part of any other federal, department or local permit review process except the public meeting required under
par. (b) 4.
NR 440.216(11)(a)3.
3. Following the public meeting required by
subd. 2., the owner or operator shall prepare responses to the comments received at the public meeting.
NR 440.216(11)(a)4.
4. The owner or operator shall make the document summarizing responses to public comments available to the public, including distribution to the principal public libraries used to announce the meeting, in the service area where the affected facility is to be located.
NR 440.216(11)(a)5.
5. The owner or operator shall prepare a final draft materials separation plan for the affected facility considering the public comments received at the public meeting.
NR 440.216(11)(a)6.
6. As required under
sub. (13) (a), the owner or operator shall submit to the department a copy of the notification of the public meeting, a transcript of the public meeting, the document summarizing responses to public comments and copies of both the preliminary and final draft materials separation plans at or before the time the facility's application for a construction permit is submitted under
ch. NR 405 or
408, as applicable.
NR 440.216(11)(a)7.
7. As part of the distribution of the siting analysis required under
par. (b) 3., the owner or operator shall make the final draft materials separation plan required under
subd. 5. available to the public, as specified in
par. (b) 3.
NR 440.216(11)(a)8.
8. As part of the public meeting for review of the siting analysis required under
par. (b) 4., the owner or operator shall address questions concerning the final draft materials separation plan required by
subd. 5., including discussion of how the final draft materials separation plan has changed from the preliminary draft materials separation plan that was discussed at the first public meeting required by
subd. 2.
NR 440.216(11)(a)9.
9. If the owner or operator receives any comments on the final draft materials separation plan during the public meeting required in
par. (b) 4., the owner or operator shall respond to those comments in the document prepared in accordance with
par. (b) 5.
NR 440.216(11)(a)10.
10. The owner or operator shall prepare a final materials separation plan and shall submit, as required under
sub. (13) (b) 5. b., the final materials separation plan as part of the initial notification of construction.
NR 440.216(11)(b)
(b) The owner or operator of an affected facility for which the initial application for a construction permit under
ch. NR 405 or
408, as applicable, is submitted after December 19, 1995 shall prepare a siting analysis in accordance
subds. 1. and
2. and shall comply with the requirements specified in
subds. 3. to
7.
NR 440.216(11)(b)1.
1. The siting analysis shall be an analysis of the impact of the affected facility on ambient air quality, visibility, soils and vegetation.
NR 440.216(11)(b)2.
2. The analysis shall consider air pollution control alternatives that minimize, on a site-specific basis, to the maximum extent practicable, potential risks to the public health or the environment.
NR 440.216(11)(b)3.
3. The owner or operator shall make the siting analysis and final draft materials separation plan required by
par. (a) 5. available to the public as follows:
NR 440.216(11)(b)3.a.
a. The owner or operator shall distribute the siting analysis and final draft materials separation plan to the principal public libraries in the area where the affected facility is to be constructed.
NR 440.216(11)(b)3.b.
b. The owner or operator shall publish a notification of a public meeting in the principal newspapers serving the area where the affected facility is to be constructed and where the waste treated by the affected facility will primarily be collected. As a minimum, the notification shall include the following information:
1) The date, time and location of the public meeting.
2) The location of the public libraries where the siting analyses and final draft materials separation plan may be found, including normal business hours.
3) An agenda of the issues to be discussed at the public meeting.
4) The dates that the public comment period on the siting analyses and final draft materials separation plan begins and ends.
NR 440.216(11)(b)4.
4. The owner or operator shall conduct a public meeting and accept comments on the siting analysis and the final draft materials separation plan required under
par. (a) 5. The public meeting shall be conducted in the county where the affected facility is to be located and shall be scheduled to occur 30 days or more after making the siting analysis available to the public as specified under
subd. 3.
NR 440.216(11)(b)5.
5. The owner or operator shall prepare responses to the comments on the siting analysis and the final draft materials separation plan that are received at the public meeting.
NR 440.216(11)(b)6.
6. The owner or operator shall make the document summarizing responses to public comments available to the public, including distribution to all public libraries, in the service area where the affected facility is to be located.
NR 440.216(11)(b)7.
7. As required under
sub. (13) (b) 5., the owner or operator shall submit a copy of the notification of the public meeting, a transcript of the public meeting, the document summarizing responses to public comments, and the siting analysis as part of the initial notification of construction.
NR 440.216(11)(c)
(c) The owner or operator of an affected facility for which construction is commenced after September 20, 1994 shall prepare a siting analysis in accordance with
ch. NR 405 or
408, as applicable, and shall submit the siting analysis as part of the initial notification of construction. Affected facilities subject to
pars. (a) and
(b) are not subject to this paragraph.
NR 440.216(12)(a)1.1. Except as provided by
sub. (10), the standards under this section apply at all times except during periods of startup, shutdown and malfunction. Duration of startup, shutdown or malfunction periods are limited to 3 hours per occurrence, except as provided in
subd. 1. c.
NR 440.216(12)(a)1.a.
a. The startup period commences when the affected facility begins the continuous burning of municipal solid waste and does not include any warmup period when the affected facility is combusting fossil fuel or other nonmunicipal solid waste fuel and no municipal solid waste is being fed to the combustor.
NR 440.216(12)(a)1.b.
b. Continuous burning is the continuous, semicontinuous or batch feeding of municipal solid waste for purposes of waste disposal, energy production or providing heat to the combustion system in preparation for waste disposal or energy production. The use of municipal solid waste solely to provide thermal protection of the grate or hearth during the startup period when municipal solid waste is not being fed to the grate is not considered to be continuous burning.
NR 440.216(12)(a)1.c.
c. For the purpose of compliance with the carbon monoxide emission limits in
sub. (7) (a), if a loss of boiler water level control, for example, boiler waterwall tube failure, or a loss of combustion air control, for example, loss of combustion air fan, induced draft fan or combustion grate bar failure, is determined to be a malfunction, the duration of the malfunction period is limited to 15 hours per occurrence.
NR 440.216(12)(a)2.
2. The opacity limits for air curtain incinerators specified in
sub. (10) apply at all times as specified under
sub. (10) except during periods of malfunction. Duration of malfunction periods are limited to 3 hours per occurrence.
NR 440.216(12)(b)
(b) The owner or operator of an affected facility shall install, calibrate, maintain and operate a continuous emission monitoring system and record the output of the system for measuring the oxygen or carbon dioxide content of the flue gas at each location where carbon monoxide, sulfur dioxide or nitrogen oxides emissions are monitored and shall comply with the following test procedures and test methods:
NR 440.216(12)(b)1.
1. The span value of the oxygen (or 20% carbon dioxide) monitor shall be 25% oxygen (or 20% carbon dioxide).
NR 440.216(12)(b)3.
3. The initial performance evaluation shall be completed no later than 180 days after the date of initial startup of the affected facility, as specified under
s. NR 440.08.
NR 440.216(12)(b)6.
6. If carbon dioxide is selected for use in diluent corrections, the relationship between oxygen and carbon dioxide levels shall be established during the initial performance test according to the procedures and methods specified in
subd. 6. a. to
d. This relationship may be reestablished during performance compliance tests.
NR 440.216(12)(b)6.a.
a. The fuel factor equation in Method 3B of
40 CFR part 60, Appendix A, incorporated by reference in
s. NR 440.17 (1), shall be used to determine the relationship between oxygen and carbon dioxide at a sampling location. Method 3, 3A or 3B of
40 CFR part 60, Appendix A, as applicable, shall be used to determine the oxygen concentration at the same location as the carbon dioxide monitor.
NR 440.216(12)(b)7.
7. The relationship between carbon dioxide and oxygen concentrations that is established in accordance with
subd. 6. shall be submitted to the department as part of the initial performance test report and, if applicable, as part of the annual test report if the relationship is reestablished during the annual performance test.
NR 440.216(12)(c)
(c) The procedures and test methods specified in
subds. 1. to
11. shall be used to determine compliance with the emission limits for particulate matter and opacity under
sub. (3) (a) and
(b).
NR 440.216(12)(c)3.
3. Method 5 of
40 CFR part 60, Appendix A, incorporated by reference in
s. NR 440.17 (1), shall be used for determining compliance with the particulate matter emission limit. The minimum sample volume shall be 1.7 cubic meters. The probe and filter holder heating systems in the sample train shall be set to provide a gas temperature no greater than 160
± 14
°C (320
± 25
°F). An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 5 run.
NR 440.216(12)(c)4.
4. The owner or operator of an affected facility may request that compliance with the particulate matter 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 as specified in
par. (b) 6.
NR 440.216(12)(c)5.
5. As specified under
s. NR 440.08, all performance tests shall consist of 3 test runs. The average of the particulate matter emission concentrations from the 3 test runs shall be used to determine compliance.
NR 440.216(12)(c)7.
7. The owner or operator of an affected facility shall conduct an initial performance test for particulate matter emissions and opacity as required under
s. NR 440.08.
NR 440.216(12)(c)8.
8. The owner or operator of an affected facility shall install, calibrate, maintain and operate a continuous opacity monitoring system for measuring opacity and shall comply with the following methods and procedures:
NR 440.216(12)(c)8.a.
a. The output of the continuous opacity monitoring system shall be recorded on a 6-minute average basis.
NR 440.216(12)(c)8.d.
d. The initial performance evaluation shall be completed no later than 180 days after the date of the initial startup of the municipal waste combustor unit, as specified under
s. NR 440.08.
NR 440.216(12)(c)9.
9. Following the date that the initial performance test for particulate matter is completed or is required to be completed under
s. NR 440.08 for an affected facility, the owner or operator shall conduct a performance test for particulate matter on an annual basis, no more than 12 calendar months following the previous performance test.
NR 440.216(12)(c)11.
11. Following the date that the initial performance test for opacity is completed or is required to be completed under
s. NR 440.08 for an affected facility, the owner or operator shall conduct a performance test for opacity on an annual basis, no more than 12 calendar months following the previous performance test, using the test method specified in
subd. 6.
NR 440.216(12)(d)
(d) The procedures and test methods specified in this paragraph shall be used to determine compliance with the emission limits for cadmium, lead and mercury under
sub. (3) (c) to
(e):
NR 440.216(12)(d)1.
1. The following procedures and test methods shall be used to determine compliance with the emission limits for cadmium and lead under
sub. (3) (c) and
(d):
NR 440.216(12)(d)1.d.
d. An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 29 test run for cadmium and lead required under
subd. 1. c.
NR 440.216(12)(d)1.e.
e. The owner or operator of an affected facility may request that compliance with the cadmium or lead 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 as specified in
par. (b) 6.
NR 440.216(12)(d)1.f.
f. All performance tests shall consist of a minimum of 3 test runs conducted under representative full load operating conditions. The average of the cadmium or lead emission concentrations from 3 test runs or more shall be used to determine compliance.
NR 440.216(12)(d)1.g.
g. Following the date of the initial performance test or the date on which the initial performance test is required to be completed under
s. NR 440.08, the owner or operator of an affected facility shall conduct a performance test for compliance with the emission limits for cadmium and lead on an annual basis, no more than 12 calendar months following the previous performance test.
