Chapter NR 440

NR 440.216(12)(h)3. 3. The owner or operator of an affected facility subject to the nitrogen oxides limit under sub. (6) shall conduct an initial performance test for nitrogen oxides as required under s. NR 440.08. Compliance with the nitrogen oxides emission limit shall be determined by using the continuous emission monitoring system specified in subd. 4. for measuring nitrogen oxides and calculating a 24-hour daily arithmetic average emission concentration using section 4.1 of Method 19.

NR 440.216(12)(h)4. 4. The owner or operator of an affected facility subject to the nitrogen oxides emission limit under sub. (6) shall install, calibrate, maintain and operate a continuous emission monitoring system for measuring nitrogen oxides discharged to the atmosphere, and record the output of the system.

NR 440.216(12)(h)5. 5. Following the date that the initial performance test for nitrogen oxides is completed or 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 24-hour daily arithmetic average of the hourly emission concentrations using continuous emission monitoring system outlet data.

NR 440.216(12)(h)6. 6. At a minimum, valid continuous emission monitoring system hourly averages shall be obtained as follows for 75% of the operating hours per day for 90% of the operating days per calendar quarter that the affected facility is combusting municipal solid waste:

NR 440.216(12)(h)6.a. a. At least 2 data points per hour shall be used to calculate each 1-hour arithmetic average.

NR 440.216(12)(h)6.b. b. Each nitrogen oxides 1-hour arithmetic average shall be corrected to 7% oxygen on an hourly basis using the 1-hour arithmetic average of the oxygen or carbon dioxide continuous emission monitoring system data.

NR 440.216(12)(h)7. 7. The 1-hour arithmetic averages required by subd. 5. shall be expressed in parts per million by volume, dry basis, and used to calculate the 24-hour daily arithmetic average concentrations. The 1-hour arithmetic averages shall be calculated using the data points required under s. NR 440.13 (5) (b).

NR 440.216(12)(h)8. 8. All valid continuous emission monitoring system data shall be used in calculating emission averages even if the minimum continuous emission monitoring system data requirements of subd. 6. are not met.

NR 440.216(12)(h)9. 9. The procedures under s. NR 440.13 shall be followed for installation, evaluation and operation of the continuous emission monitoring system. The initial performance evaluation shall be completed no later than 180 days after the date of initial startup of the municipal waste combustor unit, as specified under s. NR 440.08.

NR 440.216(12)(h)10. 10. The owner or operator of an affected facility shall operate the continuous emission monitoring system according to Performance Specification 2 in 40 CFR part 60, Appendix B, incorporated by reference in s. NR 440.17 (1), and shall comply with the following procedures and methods:

NR 440.216(12)(h)10.a. a. During each relative accuracy test run of the continuous emission monitoring system required by Performance Specification 2, nitrogen oxides and oxygen or carbon dioxide data shall be collected concurrently, or within a 30 to 60-minute period, by both the continuous emission monitors and the following test methods:

1) For nitrogen oxides, Method 7, 7A, 7C, 7D or 7E of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), shall be used.

2) For oxygen or carbon dioxide, Method 3, 3A or 3B of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), as applicable, shall be used.

NR 440.216(12)(h)10.b. b. The span value of the continuous emission monitoring system shall be 125% of the maximum estimated hourly potential nitrogen oxide emissions of the municipal waste combustor unit.

NR 440.216(12)(h)11. 11. Quarterly accuracy determinations and daily calibration drift tests shall be performed in accordance with Procedure 1 of 40 CFR part 60, Appendix F, incorporated by reference in s. NR 440.17 (1).

NR 440.216(12)(h)12. 12. When nitrogen oxides continuous emissions data are not obtained because of continuous emission monitoring system breakdowns, repairs, calibration checks, and zero and span adjustments, emissions data shall be obtained using other monitoring systems as approved by the department or Method 19 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), to provide, as necessary, valid emissions data for a minimum of 75% of the hours per day for 90% of the days per calendar quarter the unit is operated and combusting municipal solid waste.

NR 440.216(12)(i) (i) The following procedures shall be used for determining compliance with the operating requirements under sub. (7):

NR 440.216(12)(i)1. 1. Compliance with the carbon monoxide emission limits in sub. (7) shall be determined using a 4-hour block arithmetic average for all types of affected facilities except mass burn rotary waterwall municipal waste combustors and refuse-derived fuel stokers.

NR 440.216(12)(i)2. 2. For affected mass burn rotary waterwall municipal waste combustors and refuse-derived fuel stokers, compliance with the carbon monoxide emission limits in sub. (7) (a) shall be determined using a 24-hour daily arithmetic average.

NR 440.216(12)(i)3. 3. The owner or operator of an affected facility shall install, calibrate, maintain and operate a continuous emission monitoring system for measuring carbon monoxide at the combustor outlet and record the output of the system and shall comply with the following procedures and methods:

NR 440.216(12)(i)3.a. a. The continuous emission monitoring system shall be operated according to Performance Specification 4A of 40 CFR part 60, Appendix B, incorporated by reference in s. NR 440.17 (1).

NR 440.216(12)(i)3.b. b. During each relative accuracy test run of the continuous emission monitoring system required by Performance Specification 4A, carbon monoxide and oxygen or carbon dioxide data shall be collected concurrently, or within a 30- to 60-minute period, by both the continuous emission monitors and the following test methods:

1) For carbon monoxide, Method 10, 10A or 10B of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), shall be used.

2) For oxygen or carbon dioxide, Method 3, 3A or 3B of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), as applicable, shall be used.

NR 440.216(12)(i)3.c. c. The span value of the continuous emission monitoring system shall be 125% of the maximum estimated hourly potential carbon monoxide emissions of the municipal waste combustor unit.

NR 440.216(12)(i)4. 4. The 4-hour block and 24-hour daily arithmetic averages specified in subds. 1. and 2. shall be calculated from 1-hour arithmetic averages expressed in parts per million by volume corrected to 7% oxygen, dry basis. The 1-hour arithmetic averages shall be calculated using the data points generated by the continuous emission monitoring system. At least 2 data points shall be used to calculate each 1-hour arithmetic average.

NR 440.216(12)(i)5. 5. The owner or operator of an affected facility 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 as specified in par. (b) 6.

NR 440.216(12)(i)6. 6. The following procedures shall be used to determine compliance with load level requirements under sub. (7) (b):

NR 440.216(12)(i)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 440.216(12)(i)6.b. b. The method included in ASME Power Test Codes: Test Code for Steam Generating Units, PTC 4.1-1964 (R1991) 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 in ASME Interim Supplement 19.5 on Instruments and Apparatus: Application, Part II of Fluid Meters, 6th edition, 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 440.216(12)(i)6.c. c. Measurement devices such as flow nozzles and orifices are not required to be recalibrated after they are installed.

NR 440.216(12)(i)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/furan performance test, and at least once per year.

NR 440.216(12)(i)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 on a continuous basis the temperature of the flue gas stream at the inlet to each particulate matter control device utilized by the affected facility. Temperature shall be calculated in 4-hour block arithmetic averages.

NR 440.216(12)(i)8. 8. The maximum demonstrated municipal waste combustor unit load shall be determined during the initial performance test for dioxins/furans and each subsequent performance test during which compliance with the dioxin/furan emission limit specified in sub. (5) is achieved. The maximum demonstrated municipal waste combustor unit load shall be the highest 4-hour arithmetic average load achieved during 4 consecutive hours during the most recent test during which compliance with the dioxin/furan emission limit was achieved.

NR 440.216(12)(i)9. 9. For each particulate matter control device employed at the affected facility, the maximum demonstrated particulate matter control device temperature shall be determined during the initial performance test for dioxins/furans and each subsequent performance test during which compliance with the dioxin/furan emission limit specified in sub. (5) is achieved. The maximum demonstrated particulate matter control device temperature shall be the highest 4-hour arithmetic average temperature achieved at the particulate matter control device inlet during 4 consecutive hours during the most recent test during which compliance with the dioxin/furan limit was achieved.

NR 440.216(12)(i)10. 10. At a minimum, valid continuous emission monitoring system hourly averages shall be obtained as follows for 75% of the operating hours per day for 90% of the operating days per calendar quarter that the affected facility is combusting municipal solid waste:

NR 440.216(12)(i)10.a. a. At least 2 data points per hour shall be used to calculate each 1-hour arithmetic average.

NR 440.216(12)(i)10.b. b. At a minimum, each carbon monoxide 1-hour arithmetic average shall be corrected to 7% oxygen on an hourly basis using the 1-hour arithmetic average of the oxygen or carbon dioxide continuous emission monitoring system data.

NR 440.216(12)(i)11. 11. All valid continuous emission monitoring system data shall be used in calculating the parameters specified under this paragraph even if the minimum data requirements of subd. 10. are not met. When carbon monoxide continuous emission data are not obtained because of continuous emission monitoring system breakdowns, repairs, calibration checks or zero and span adjustments, emissions data shall be obtained using other monitoring systems as approved by the department or Method 10 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), to provide, as necessary, the minimum valid emission data.

NR 440.216(12)(i)12. 12. Quarterly accuracy determinations and daily calibration drift tests for the carbon monoxide continuous emission monitoring system shall be performed in accordance with Procedure 1 of 40 CFR part 60, Appendix F, incorporated by reference in s. NR 440.17 (1).

NR 440.216(12)(j) (j) The following procedures shall be used for calculating municipal waste combustor unit capacity as defined under sub. (2):

NR 440.216(12)(j)1. 1. For municipal waste combustor units capable of combusting municipal solid waste continuously for a 24-hour period, municipal waste combustor unit capacity shall be calculated based on 24 hours of operation at the maximum charging rate. The maximum charging rate shall be determined using one of the following as applicable:

NR 440.216(12)(j)1.a. a. For combustors that are designed based on heat capacity, the maximum charging rate shall be calculated based on the maximum design heat input capacity of the unit and a heating value of 12,800 kilojoules per kilogram for combustors firing refuse-derived fuel and a heating value of 10,500 kilojoules per kilogram for combustors firing municipal solid waste that is not refuse-derived fuel.

NR 440.216(12)(j)1.b. b. For combustors that are not designed based on heat capacity, the maximum charging rate shall be the maximum design charging rate.

NR 440.216(12)(j)2. 2. For batch feed municipal waste combustor units, municipal waste combustor unit capacity shall be calculated as the maximum design amount of municipal solid waste 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 municipal solid waste, and may include fractional batches, for example, if one batch requires 16 hours, then 24 divided by 16, or 1.5 batches, could be combusted in a 24-hour period. For batch combustors that are designed based on heat capacity, the design heating value of 12,800 kilojoules per kilogram for combustors firing refuse-derived fuel and a heating value of 10,500 kilojoules per kilogram for combustors firing municipal solid waste that is not refuse-derived fuel shall be used in calculating the municipal waste combustor unit capacity in megagrams per day of municipal solid waste.

NR 440.216(12)(k) (k) The following procedures shall be used for determining compliance with the fugitive ash emission limit under sub. (9):

NR 440.216(12)(k)1. 1. Method 22 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), shall be used for determining compliance with the fugitive ash emission limit under sub. (9). The minimum observation time shall be a series of 3 1-hour observations. The observation period shall include times when the facility is transferring ash from the municipal waste combustor unit to the area where ash is stored or loaded into containers or trucks.

NR 440.216(12)(k)2. 2. The average duration of visible emissions per hour shall be calculated from the 3 1-hour observations. The average shall be used to determine compliance with sub. (9).

NR 440.216(12)(k)3. 3. The owner or operator of an affected facility shall conduct an initial performance test for fugitive ash emissions as required under s. NR 440.08.

NR 440.216(12)(k)4. 4. Following the date that the initial performance test for fugitive ash emissions 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 fugitive ash emissions on an annual basis, no more than 12 calendar months following the previous performance test.

NR 440.216(12)(L) (L) The following procedures shall be used to determine compliance with the opacity limit for air curtain incinerators under sub. (10):

NR 440.216(12)(L)1. 1. Method 9 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), shall be used for determining compliance with the opacity limit.

NR 440.216(12)(L)2. 2. The owner or operator of the air curtain incinerator shall conduct an initial performance test for opacity as required under s. NR 440.08.

NR 440.216(12)(L)3. 3. Following the date that the initial performance test is completed or is required to be completed under s. NR 440.08, the owner or operator of the air curtain incinerator shall conduct a performance test for opacity on an annual basis, no more than 12 calendar months following the previous performance test.

NR 440.216(12)(m) (m) The owner or operator of an affected facility where activated carbon injection is used to comply with the mercury emission limit under sub. (3) (e), or the dioxin/furan emission limits under sub. (5), or the dioxin/furan emission level specified in sub. (12) (g) 5. c., shall comply with the following procedures:

NR 440.216(12)(m)1. 1. During the performance tests for dioxins/furans and mercury, as applicable, the owner or operator shall estimate an average carbon mass feed rate based on carbon injection system operating parameters such as the screw feeder speed, hopper volume, hopper refill frequency or other parameters appropriate to the feed system being employed, as follows:

NR 440.216(12)(m)1.a. a. An average carbon mass feed rate in kilograms per hour or pounds per hour shall be estimated during the initial performance test for mercury emissions and each subsequent performance test for mercury emissions.

NR 440.216(12)(m)1.b. b. An average carbon mass feed rate in kilograms per hour or pounds per hour shall be estimated during the initial performance test for dioxin/furan emissions and each subsequent performance test for dioxin/furan emissions.

NR 440.216(12)(m)2. 2. During operation of the affected facility, the carbon injection system operating parameters that are the primary indicators of the carbon mass feed rate, for example, screw feeder setting, shall equal or exceed the levels documented during the performance tests specified under subd. 1. a. and b.

NR 440.216(12)(m)3. 3. The owner or operator of an affected facility shall estimate the total carbon usage of the plant, kilograms or pounds, for each calendar quarter by 2 independent methods, according to the following procedures:

NR 440.216(12)(m)3.a. a. The weight of carbon delivered to the plant.

NR 440.216(12)(m)3.b. b. Estimate the average carbon mass feed rate in kilograms per hour or pounds per hour for each hour of operation for each affected facility based on the parameters specified under subd. 1., and sum the results for all affected facilities at the plant for the total number of hours of operation during the calendar quarter.

NR 440.216(13) (13) Reporting and recordkeeping requirements.

NR 440.216(13)(a) (a) The owner or operator of an affected facility with a capacity to combust greater than 250 tons per day shall submit, on or before the date the application for a construction permit is submitted under ch. NR 405 or 408, the following items:

NR 440.216(13)(a)1. 1. The preliminary and final draft materials separation plans required by sub. (11) (a) 1. and 5.

NR 440.216(13)(a)2. 2. A copy of the notification of the public meeting required by sub. (11) (a) 1. b.

NR 440.216(13)(a)3. 3. A transcript of the public meeting required by sub. (11) (a) 2.

NR 440.216(13)(a)4. 4. A copy of the document summarizing responses to public comments required by sub. (11) (a) 3.

NR 440.216(13)(b) (b) The owner or operator of an affected facility with a capacity to combust greater than 250 tons per day shall submit a notification of construction, which includes the following information:

NR 440.216(13)(b)1. 1. Intent to construct.

NR 440.216(13)(b)2. 2. Planned initial startup date.

NR 440.216(13)(b)3. 3. The types of fuels that the owner or operator plans to combust in the affected facility.

NR 440.216(13)(b)4. 4. The municipal waste combustor unit capacity, and supporting capacity calculations prepared in accordance with sub. (12) (j).

NR 440.216(13)(b)5. 5. All of the following documents associated with the siting requirements under sub. (11) (a) and (b):

NR 440.216(13)(b)5.a. a. The siting analysis required by sub. (11) (b) 1. and 2.

NR 440.216(13)(b)5.b. b. The final materials separation plan for the affected facility required by sub. (11) (a) 10.

NR 440.216(13)(b)5.c. c. A copy of the notification of the public meeting required by sub. (11) (b) 3. b.

NR 440.216(13)(b)5.d. d. A transcript of the public meeting required by sub. (11) (b) 4.

NR 440.216(13)(b)5.e. e. A copy of the document summarizing responses to public comments required by sub. (11) (a) 9. and (b) 5.

NR 440.216(13)(c) (c) The owner or operator of an air curtain incinerator subject to the opacity limit under sub. (10) shall provide a notification of construction that includes the information specified in par. (b) 1. to 4.

NR 440.216(13)(d) (d) The owner or operator of an affected facility subject to the standards under subs. (3) to (9) and (11) shall maintain records of the following information, as applicable, for each affected facility for a period of at least 5 years:

NR 440.216(13)(d)1. 1. The calendar date of each record.

NR 440.216(13)(d)2. 2. The emission concentrations and parameters measured using continuous monitoring systems as follows:

NR 440.216(13)(d)2.a. a. The following measurements shall be recorded and be available for submittal to the department or review onsite by an inspector:

1) All 6-minute average opacity levels as specified under sub. (12) (c).

2) All 1-hour average sulfur dioxide emission concentrations as specified under sub. (12) (e).

3) All 1-hour average nitrogen oxides emission concentrations as specified under sub. (12) (h).

4) All 1-hour average carbon monoxide emission concentrations, municipal waste combustor unit load measurements and particulate matter control device inlet temperatures as specified under sub. (12) (i).

NR 440.216(13)(d)2.b. b. The following average concentrations and percent reductions, as applicable, shall be computed and recorded, and shall be available for submittal to the department or review on-site by an inspector.