2) All 24-hour daily arithmetic average nitrogen oxides emission concentrations as specified under sub. (12) (h).
3) All 4-hour block or 24-hour daily arithmetic average carbon monoxide emission concentrations, as applicable, as specified under sub. (12) (i).
4) All 4-hour block arithmetic average municipal waste combustor unit load levels and particulate matter control device inlet temperatures as specified under sub. (12) (i).
NR 440.216(13)(d)3.
3. Identification of the calendar dates when any of the average emission concentrations, percent reductions or operating parameters recorded under
subd. 2. b., or the opacity levels recorded under
subd. 2. a. 1), are above the applicable limits, with reasons for such exceedances and a description of corrective actions taken.
NR 440.216(13)(d)4.
4. For affected facilities that apply activated carbon for mercury or dioxin/furan control, the followings records:
NR 440.216(13)(d)4.a.
a. The average carbon mass feed rate, in kilograms per hour or pounds per hour, estimated as required under
sub. (12) (m) 1. a. during the initial mercury performance test and all subsequent annual performance tests, with supporting calculations.
NR 440.216(13)(d)4.b.
b. The average carbon mass feed rate, in kilograms per hour or pounds per hour, estimated as required under
sub. (12) (m) 1. b. during the initial dioxin/furan performance test and all subsequent annual performance tests, with supporting calculations.
NR 440.216(13)(d)4.c.
c. The average carbon mass feed rate, in kilograms per hour or pounds per hour estimated for each hour of operation as required under
sub. (12) (m) 3. b., with supporting calculations.
NR 440.216(13)(d)4.e.
e. Carbon injection system operating parameter data for the parameters that are the primary indicators of carbon feed rate, for example, screw feeder speed.
NR 440.216(13)(d)6.
6. Identification of the calendar dates for which the minimum number of hours of any of the following have not been obtained including reasons for not obtaining sufficient data and a description of corrective actions taken:
NR 440.216(13)(d)7.
7. Identification of each occurrence that sulfur dioxide emissions data, nitrogen oxides emissions data for large municipal waste combustors or operational data, that is, carbon monoxide emissions, unit load, and particulate matter control device temperature, have been excluded from the calculation of average emission concentrations or parameters, and the reasons for excluding the data.
NR 440.216(13)(d)8.
8. The results of daily drift tests and quarterly accuracy determinations for sulfur dioxide, nitrogen oxides and carbon monoxide continuous emission monitoring systems, as required under Procedure 1 of
40 CFR part 60, Appendix F, incorporated by reference in
s. NR 440.17 (1).
NR 440.216(13)(d)9.
9. The test reports documenting the results of all of the following tests along with supporting calculations:
NR 440.216(13)(d)9.a.
a. The results of the initial performance test and all annual performance tests conducted to determine compliance with the particulate matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride and fugitive ash emission limits.
NR 440.216(13)(d)9.b.
b. For the initial dioxin/furan performance test and all subsequent dioxin/furan performance tests recorded under
subd. 9. a., the maximum demonstrated municipal waste combustor unit load and maximum demonstrated particulate matter control device temperature for each particulate matter control device.
NR 440.216(13)(d)11.
11. For each affected facility subject to the siting provisions under
sub. (11), the siting analysis, the final materials separation plan, a record of the location and date of the public meetings, and the documentation of the responses to public comments received at the public meetings.
NR 440.216(13)(d)12.a.
a. Records showing the names of the municipal waste combustor chief facility operator, shift supervisors and control room operators who have been provisionally certified by the American Society of Mechanical Engineers as required by
sub. (8) (a), including the dates of initial and renewal certifications and documentation of current certification.
NR 440.216(13)(d)12.b.
b. Records showing the names of the municipal waste combustor chief facility operator, shift supervisors and control room operators who have been fully certified by the American Society of Mechanical Engineers or the department as required by
sub. (8) (b), including the dates of initial and renewal certifications and documentation of current certification.
NR 440.216(13)(d)12.c.
c. Records showing the names of the municipal waste combustor chief facility operator, shift supervisors and control room operators who have completed the EPA or department approved municipal waste combustor operator training course as required by
sub. (8) (d), including documentation of training completion.
NR 440.216(13)(d)13.
13. Records showing the names of persons who have completed a review of the operating manual as required by
sub. (8) (f), including the date of the initial review and subsequent annual reviews.
NR 440.216(13)(d)14.
14. For affected facilities that apply activated carbon for mercury or dioxin/furan control, identification of the calendar dates when the average carbon mass feed rates recorded under
subd. 4. c. were less than either of the hourly carbon feed rates estimated during performance tests for mercury or dioxin/furan emissions and recorded under
subd. 4. a. and
b., respectively, with reasons for the feed rates and a description of corrective actions taken.
NR 440.216(13)(d)15.
15. For affected facilities that apply activated carbon for mercury or dioxin/furan control, identification of the calendar dates when the carbon injection system operating parameters that are the primary indicators of carbon mass feed rate, for example, screw feeder speed, recorded under
subd. 4. e. are below the levels estimated during the performance tests as specified in
sub. (12) (m) 1. a. and
b., with reasons for the occurrences and a description of corrective actions taken.
NR 440.216(13)(e)
(e) The owner or operator of an air curtain incinerator subject to the opacity limit under
sub. (10) shall maintain records of results of the initial opacity performance test and subsequent performance tests required by
sub. (12) (L) for a period of at least 5 years.
NR 440.216(13)(f)
(f) The owner or operator of an affected facility shall submit all of the following information in the initial performance test report:
NR 440.216(13)(f)1.
1. The initial performance test data as recorded under
par. (d) 2. b. for the initial performance test for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load level, and particulate matter control device inlet temperature.
NR 440.216(13)(f)2.
2. The test report documenting the initial performance test recorded under
par. (d) 9. for particulate matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride and fugitive ash emissions.
NR 440.216(13)(f)4.
4. The maximum demonstrated municipal waste combustor unit load and maximum demonstrated particulate matter control device inlet temperatures established during the initial dioxin/furan performance test as recorded under
par. (d) 9.
NR 440.216(13)(f)5.
5. For affected facilities that apply activated carbon injection for mercury control, the average carbon mass feed rate recorded under
par. (d) 4. a.
NR 440.216(13)(f)6.
6. For those affected facilities that apply activated carbon injection for dioxin/furan control, the average carbon mass feed rate recorded under
par. (d) 4. b.
NR 440.216(13)(g)
(g) Following the first year of municipal combustor operation, the owner or operator of an affected facility shall submit an annual report including the following information, as applicable, no later than February 1 of each year following the calendar year in which the data were collected, except that once the unit is subject to permitting requirements under
ch. NR 407, the owner or operator of an affected facility shall submit the reports semiannually:
NR 440.216(13)(g)1.
1. A summary of data collected for all pollutants and parameters regulated under this section, which includes all of the following information:
NR 440.216(13)(g)1.a.
a. A list of the particulate matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride and fugitive ash emission levels achieved during the performance tests recorded under
par. (d) 9.
NR 440.216(13)(g)1.b.
b. A list of the highest emission level recorded for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load level and particulate matter control device inlet temperature based on the data recorded under
par. (d) 2. b.
NR 440.216(13)(g)1.d.
d. The total number of days that the minimum number of hours of data for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load and particulate matter control device temperature data were not obtained based on the data recorded under
par. (d) 6.
NR 440.216(13)(g)1.e.
e. The total number of hours that data for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load and particulate matter control device temperature were excluded from the calculation of average emission concentrations or parameters based on the data recorded under
par. (d) 7.
NR 440.216(13)(g)1.f.
f. The types of data specified in
subd. 1. a. to
d. for the calendar year preceding the year being reported, in order to provide the department with a summary of the performance of the affected facility over a 2-year period.
NR 440.216(13)(g)1.g.
g. Highlights of any emission or parameter levels that did not achieve the emission or parameter limits specified under this section.
NR 440.216(13)(g)2.
2. A notification of intent to begin the reduced dioxin/furan performance testing schedule specified in
sub. (12) (g) 5. c. during the following calendar year.
NR 440.216(13)(h)1.1. The owner or operator of an affected facility shall submit a semiannual report that includes all of the following information for any recorded pollutant or parameter that does not comply with the pollutant or parameter limit specified under this section, according to the schedule specified under
subd. 2.:
NR 440.216(13)(h)1.a.
a. The semiannual report shall include information recorded under
par. (d) 3. for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load level, particulate matter control device inlet temperature and opacity.
NR 440.216(13)(h)1.b.
b. For each date recorded as required by
par. (d) 3. and reported as required by
subd. 1. a., the semiannual report shall include the sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load level, particulate matter control device inlet temperature and opacity data, as applicable, recorded under
par. (d) 2. a. 1) and b., as applicable.
NR 440.216(13)(h)1.c.
c. If the test reports recorded under
par. (d) 9. document any particulate matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride or fugitive ash emission levels that were above the applicable pollutant limits, the semiannual report shall include a copy of the test report documenting the emission levels and the corrective actions taken.
NR 440.216(13)(h)1.d.
d. The semiannual report shall include the information recorded under
par. (d) 15. for the carbon injection system operating parameters that are the primary indicators of carbon mass feed rate.
NR 440.216(13)(h)1.e.
e. For each operating date reported as required by
subd. 1. d., the semiannual report shall include the carbon feed rate data recorded under
par. (d) 4. c.
NR 440.216(13)(h)2.
2. Semiannual reports required by
subd. 1. shall be submitted according to one of the following schedules:
NR 440.216(13)(h)2.a.
a. If the data reported in accordance with
subd. 1. were collected during the first calendar half, then the report shall be submitted by August 1 following the first calendar half.
NR 440.216(13)(h)2.b.
b. If the data reported in accordance with
subd. 1. were collected during the second calendar half, then the report shall be submitted by February 1 following the second calendar half.
NR 440.216(13)(i)
(i) The owner or operator of an air curtain incinerator subject to the opacity limit under
sub. (10) shall submit the results of the initial opacity performance test and all subsequent annual performance tests recorded under
par. (e). Annual performance tests shall be submitted by February 1 of the year following the year of the performance test.
NR 440.216(13)(j)
(j) All reports specified under
pars. (a) to
(c) and
(f) to
(i) shall be submitted as a paper copy, postmarked on or before the submittal dates specified and maintained onsite as a paper copy for a period of 5 years.
NR 440.216(13)(k)
(k) All records specified under
pars. (d) and
(e) shall be maintained onsite in either paper copy or computer-readable format, unless an alternative format is approved by the department.
NR 440.216(13)(L)
(L) If the owner or operator of an affected facility would prefer a different annual or semiannual date for submitting the periodic reports required by
pars. (g),
(h) and
(i), the dates may be changed by mutual agreement between the owner or operator and the department according to the procedures specified in
s. NR 440.185 (3).
NR 440.216 History
History: CR 06-109: cr. Register May 2008 No. 629, eff. 6-1-08; corrections in (3) (e), (12) (g) 6. and (13) (d) 15. made under s. 13.92 (4) (b) 1. and 7., Stats., Register May 2008 No. 629. NR 440.218
NR 440.218 Hospital/medical/infectious waste incinerators for which construction is commenced after June 20, 1996. NR 440.218(1)(a)(a) Except as provided in
pars. (b) to
(h), the affected facility to which this section applies is each individual hospital/medical/infectious waste incinerator (HMIWI) for which construction is commenced after June 20, 1996 or for which modification is commenced after March 16, 1998.
NR 440.218(1)(b)
(b) A combustor is not subject to this section during periods when only pathological waste, low-level radioactive waste or chemotherapeutic waste is burned alone or in any combination, provided the owner or operator of the combustor does all of the following:
NR 440.218(1)(b)2.
2. Keeps records on a calendar quarter basis of the periods of time when only pathological waste, low-level radioactive waste or chemotherapeutic waste is burned alone or in any combination.
NR 440.218(1)(c)
(c) Any co-fired combustor is not subject to this section if the owner or operator of the co-fired combustor does all of the following:
NR 440.218(1)(c)2.
2. Provides an estimate of the relative amounts of hospital waste, medical/infectious waste and other fuels and wastes to be combusted.
NR 440.218(1)(c)3.
3. Keeps records on a calendar quarter basis of the weight of hospital waste and medical/infectious waste combusted and the weight of all other fuels and wastes combusted at the co-fired combustor.
NR 440.218(1)(d)
(d) Any combustor 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 440.218(1)(g)
(g) Cement kilns firing hospital waste or medical/infectious waste are not subject to this section.
NR 440.218(1)(h)
(h) Physical or operational changes made to an existing HMIWI solely for the purpose of complying with emission guidelines under
40 CFR part 60, subpart Ce, are not considered a modification and do not result in an existing HMIWI becoming subject to this section.
NR 440.218(1)(L)
(L) Beginning September 15, 2000, affected facilities subject to this section shall operate pursuant to a permit issued under
ch. NR 407.
NR 440.218 Note
Note:
The federal rule,
40 CFR 60.50c (l), requires that an affected facility operate pursuant to an operating permit issued no later than the later of September 15, 2000 or the effective date of an EPA approved operating permit program under Title V of the Act (
42 USC 7661 to
7661f) and
40 CFR part 70. The department received final interim approval of its operating permit program on April 5, 1995 and full approval on November 30, 2001. Any permit issued to an affected facility prior to June 1, 2008, will contain references to the appropriate federal rule provisions of
40 CFR part 60 subpart Ec.
NR 440.218(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 440.218(2)(a)
(a) “Batch HMIWI" means an HMIWI that is designed such that neither waste charging nor ash removal can occur during combustion.
NR 440.218(2)(am)
(am) “Biologicals" means preparations made from living organisms and their products, including vaccines, cultures, etc., intended for use in diagnosing, immunizing or treating humans or animals or in research pertaining thereto.
NR 440.218(2)(b)
(b) “Blood products" means any product derived from human blood, including blood plasma, platelets, red or white blood corpuscles and other derived licensed products, such as interferon, etc.
NR 440.218(2)(bm)
(bm) “Body fluids" means liquid emanating or derived from humans and limited to blood; dialysate; amniotic, cerebrospinal, synovial, pleural, peritoneal and pericardial fluids; and semen and vaginal secretions.
NR 440.218(2)(c)
(c) “Bypass stack" means a device used for discharging combustion gases to avoid severe damage to the air pollution control device or other equipment.
NR 440.218(2)(cm)
(cm) “Chemotherapeutic waste" means waste material resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.
NR 440.218(2)(d)
(d) “Co-fired combustor" means a unit combusting hospital waste or medical/infectious waste or both with other fuels or wastes, for example, coal or municipal solid waste, and subject to an enforceable requirement limiting the unit to combusting a fuel feed stream, 10% or less of the weight of which is comprised, in aggregate, of hospital waste and medical/infectious waste as measured on a calendar quarter basis. For purposes of this definition, pathological waste, chemotherapeutic waste and low-level radioactive waste are considered “other" wastes when calculating the percentage of hospital waste and medical/infectious waste combusted.
NR 440.218(2)(dm)
(dm) “Continuous emission monitoring system" or “CEMS" means a monitoring system for continuously measuring and recording the emissions of a pollutant from an affected facility.
