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.
NR 440.218(2)(e)
(e) “Continuous HMIWI" means an HMIWI that is designed to allow waste charging and ash removal during combustion.
NR 440.218(2)(em)
(em) “Dioxin/furan" means the combined emissions of tetra- through octa-chlorinated dibenzo-para-dioxins and dibenzofurans, as measured by Method 23 of
40 CFR part 60, Appendix A, incorporated by reference in
s. NR 440.17 (1).
NR 440.218(2)(f)
(f) “Dry scrubber" means an add-on air pollution control system that injects dry alkaline sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to react with and neutralize acid gases in the HMIWI exhaust stream forming a dry powder material.
NR 440.218(2)(fm)
(fm) “Fabric filter" or “baghouse" means an add-on air pollution control system that removes particulate matter and nonvaporous metals emissions by passing flue gas through filter bags.
NR 440.218(2)(g)
(g) “Facilities manager" means the individual in charge of purchasing, maintaining and operating the HMIWI or the owner's or operator's representative responsible for the management of the HMIWI. Alternative titles may include director of facilities or vice president of support services.
NR 440.218(2)(gm)
(gm) “High-air phase" means the stage of the batch operating cycle when the primary chamber reaches and maintains maximum operating temperatures.
NR 440.218(2)(h)
(h) “Hospital" means any facility which has an organized medical staff, maintains at least 6 inpatient beds, and where the primary function of the institution is to provide diagnostic and therapeutic patient services and continuous nursing care primarily to human inpatients who are not related and who stay on average in excess of 24 hours per admission. This definition does not include facilities maintained for the sole purpose of providing nursing or convalescent care to human patients who generally are not acutely ill but who require continuing medical supervision.
NR 440.218(2)(hm)
(hm) “Hospital/medical/infectious waste incinerator" or “HMIWI" or “HMIWI unit" means any device that combusts any amount of hospital waste or medical/infectious waste.
NR 440.218(2)(i)
(i) “Hospital/medical/infectious waste incinerator operator" or “HMIWI operator" means any person who operates, controls or supervises the day-to-day operation of an HMIWI.
NR 440.218(2)(im)
(im) “Hospital waste" means discards generated at a hospital, except unused items returned to the manufacturer. The definition of hospital waste does not include human corpses, remains and anatomical parts that are intended for interment or cremation.
NR 440.218(2)(j)
(j) “Infectious agent" means any organism, such as a virus or bacteria, that is capable of being communicated by invasion and multiplication in body tissues and capable of causing disease or adverse health impacts in humans.
NR 440.218(2)(jm)
(jm) “Intermittent HMIWI" means an HMIWI that is designed to allow waste charging, but not ash removal, during combustion.
NR 440.218(2)(k)
(k) “Large HMIWI" means an HMIWI whose maximum design waste burning capacity is more than 500 pounds per hour, a continuous or intermittent HMIWI whose maximum charge rate is more than 500 pounds per hour or a batch HMIWI whose maximum charge rate is more than 4,000 pounds per day. A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 500 pounds per hour, or a batch HMIWI whose maximum charge rate is less than or equal to 4,000 pounds per day, is not a large HMIWI.
NR 440.218(2)(km)
(km) “Low-level radioactive waste" means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. Low-level radioactive waste is not high-level radioactive waste, spent nuclear fuel or byproduct material as defined by the Atomic Energy Act of 1954 (
42 USC 2014 (e) (2)).
NR 440.218(2)(L)
(L) “Malfunction" means any sudden, infrequent and not reasonably preventable failure of air pollution control equipment, process equipment or a process to operate in a normal or usual manner. Failures that are caused, in part, by poor maintenance or careless operation are not malfunctions. During periods of malfunction the operator shall operate within established parameters as much as possible, and monitoring of all applicable operating parameters shall continue until all waste has been combusted or until the malfunction ceases, whichever comes first.
NR 440.218(2)(Lm)1.
1. For continuous and intermittent HMIWI, 110% of the lowest 3-hour average charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limits.
NR 440.218(2)(Lm)2.
2. For batch HMIWI, 110% of the lowest daily charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limits.
NR 440.218(2)(m)
(m) “Maximum design waste burning capacity" means the following:
C = PV x 15,000/8,500
where:
C is the HMIWI capacity, lb/hr
PV is the primary chamber volume, ft3
15,000 is the primary chamber heat release rate factor, Btu/ft3/hr
8,500 is the standard waste heating value, Btu/lb
C = PV x 4.5/8
where:
