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)
(3) Standards for municipal waste combustor metals. 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.
NR 440.216(3)(d)
(d) 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 the affected facility any gases that contain lead in excess of 0.20 milligrams per dry standard cubic meter, corrected to 7% oxygen.
NR 440.216(3)(e)
(e) 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 the affected facility any gases that contain mercury in excess of 0.080 milligrams per dry standard cubic meter or 15% of the potential mercury emission concentration (85% reduction by weight), corrected to 7% oxygen, whichever is less stringent.
NR 440.216(4)
(4) Standard for municipal waste combustor acid gases. NR 440.216(4)(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 sulfur dioxide in excess of 30 parts per million by volume or 20% of the potential sulfur dioxide emission concentration (80% reduction by weight or volume), corrected to 7% oxygen, dry basis, whichever is less stringent. The averaging time is specified under
sub. (12) (e).
NR 440.216(4)(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 contain hydrogen chloride in excess of 25 parts per million by volume or 5% of the potential hydrogen chloride emission concentration (95% reduction by weight or volume), corrected to 7% oxygen, dry basis, whichever is less stringent.
NR 440.216(5)
(5) Standards for municipal waste combustor organics. NR 440.216(5)(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 for which construction, modification or reconstruction commences on or before November 20, 1997 may cause to be discharged into the atmosphere from that affected facility any gases that contain dioxin/furan emissions that exceed 30 nanograms per dry standard cubic meter, total mass, corrected to 7% oxygen, for the first 3 years following the date of initial startup. After the first 3 years following the date of initial startup, no owner or operator may cause to be discharged into the atmosphere from that affected facility any gases that contain dioxin/furan total mass emissions that exceed 13 nanograms per dry standard cubic meter, total mass, corrected to 7% oxygen.
NR 440.216(5)(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 for which construction, modification or reconstruction commences after November 20, 1997 may cause to be discharged into the atmosphere from that affected facility any gases that contain dioxin/furan total mass emissions that exceed 13 nanograms per dry standard cubic meter, total mass, corrected to 7% oxygen.
NR 440.216(6)
(6) Standards for municipal waste combustor nitrogen oxides. NR 440.216(6)(a)(a) During the first year of operation 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 nitrogen oxides in excess of 180 parts per million by volume, corrected to 7% oxygen, dry basis. The averaging time is specified under
sub. (12) (h).
NR 440.216(6)(b)
(b) After the first year of operation following 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 nitrogen oxides in excess of 150 parts per million by volume, corrected to 7% oxygen, dry basis. The averaging time is specified under
sub. (12) (h).
NR 440.216(7)
(7) Standards for municipal waste combustor operating practices. NR 440.216(7)(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 carbon monoxide in excess of the emission limits specified in Table 1.
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See PDF for table 
a Measured at the combustor outlet in conjunction with a measurement of oxygen concentration, corrected to 7% oxygen, dry basis. The averaging times are specified in greater detail in sub. (12) (i).
b Averaging times are 4-hour or 24-hour block averages.
NR 440.216(7)(b)
(b) No owner or operator of an affected facility may cause the facility to operate at a load level greater than 110% of the maximum demonstrated municipal waste combustor unit load as defined in
sub. (2), except as specified in
subds. 1. and
2. The averaging time is specified under
sub. (12) (i).
NR 440.216(7)(b)1.
1. During the annual dioxin/furan performance test and the 2 weeks preceding the annual dioxin/furan performance test, no municipal waste combustor unit load limit is applicable.
NR 440.216(7)(b)2.
2. The municipal waste combustor unit load limit may be waived in accordance with permission granted by the department for the purpose of evaluating system performance, testing new technology or control technologies, diagnostic testing or related activities for the purpose of improving facility performance or advancing the state-of-the-art for controlling facility emissions.
NR 440.216(7)(c)
(c) No owner or operator of an affected facility may cause the facility to operate at a temperature, measured at the particulate matter control device inlet, exceeding 17
°C above the maximum demonstrated particulate matter control device temperature as defined in
sub. (2), except as specified in
subds. 1. and
2. The averaging time is specified under
sub. (12) (i). The requirements specified in this paragraph apply to each particulate matter control device utilized at the affected facility.
NR 440.216(7)(c)1.
1. During the annual dioxin/furan performance test and the 2 weeks preceding the annual dioxin/furan performance test, no particulate matter control device temperature limitations are applicable.
NR 440.216(7)(c)2.
2. The particulate matter control device temperature limits may be waived in accordance with permission granted by the department for the purpose of evaluating system performance, testing new technology or control technologies, diagnostic testing or related activities for the purpose of improving facility performance or advancing the state-of-the-art for controlling facility emissions.
NR 440.216(8)
(8) Standards for municipal waste combustor operator training and certification. NR 440.216(8)(a)(a) No later than the date 6 months after the date of startup of an affected facility or on December 19, 1996, whichever is later, each chief facility operator and shift supervisor shall obtain and maintain a current provisional operator certification from the American Society of Mechanical Engineers in accordance with ASME QRO-1-1994, incorporated by reference in
s. NR 440.17 (2) (h) 1., or obtain and maintain an operator certification in accordance with
ch. NR 499.
NR 440.216(8)(b)
(b) Not later than the date 6 months after the date of startup of an affected facility or on December 19, 1996, whichever is later, each chief facility operator and shift supervisor shall have completed full certification or shall have scheduled a full certification exam in accordance with ASME QRO-1-1994, incorporated by reference in
s. NR 440.17 (2) (h) 1., or shall have obtained an operator certification in accordance with
ch. NR 499.
NR 440.216(8)(c)1.1. No owner or operator of an affected facility may allow the facility to be operated at any time unless one of the following persons is on duty and at the affected facility:
NR 440.216(8)(c)1.b.
b. A provisionally certified chief facility operator who is scheduled to take the full certification exam according to the schedule specified in
par. (b).
NR 440.216(8)(c)1.d.
d. A provisionally certified shift supervisor who is scheduled to take the full certification exam according to the schedule specified in
par. (b).
NR 440.216(8)(c)2.
2. The requirement specified in
subd. 1. shall take effect 6 months after the date of startup of the affected facility or on December 19, 1996, whichever is later.
NR 440.216(8)(c)3.
3. If one of the persons listed in
subd. 1. must leave the affected facility during his or her operating shift, a provisionally certified control room operator who is onsite at the affected facility may fulfill the requirement in
subd. 1.
NR 440.216(8)(d)
(d) All chief facility operators, shift supervisors, and control room operators at affected facilities shall complete the EPA or department approved municipal waste combustor operator training course no later than the date 6 months after the date of startup of the affected facility or by December 19, 1996, whichever is later.
NR 440.216(8)(e)
(e) The owner or operator of an affected facility shall develop and update on a yearly basis a site-specific operating manual that shall, at a minimum, address the following elements of municipal waste combustor unit operation:
NR 440.216(8)(e)2.
2. A description of basic combustion theory applicable to a municipal waste combustor unit.
NR 440.216(8)(e)3.
3. Procedures for receiving, handling and feeding municipal solid waste.
NR 440.216(8)(e)4.
4. Municipal waste combustor unit startup, shutdown and malfunction procedures.
NR 440.216(8)(e)6.
6. Procedures for operating the municipal waste combustor unit within the standards established under this section.
NR 440.216(8)(e)7.
7. Procedures for responding to periodic upset or off-specification conditions.
NR 440.216(8)(f)
(f) The owner or operator of an affected facility shall establish a training program to review the operating manual according to the schedule specified in
subds. 1. and
2. with each person who has responsibilities affecting the operation of an affected facility including chief facility operators, shift supervisors, control room operators, ash handlers, maintenance personnel and crane and load handlers. Each person specified in this paragraph shall do both of the following:
NR 440.216(8)(f)1.
1. Undergo initial training no later than the latest of the following dates:
NR 440.216(8)(f)1.b.
b. The date prior to the day the person assumes responsibilities affecting municipal waste combustor unit operation.
NR 440.216(8)(f)2.
2. Review the operating manual annually, following the initial review required by
subd. 1.
NR 440.216(8)(g)
(g) The operating manual required by
par. (e) shall be kept in a readily accessible location for all persons required to undergo training under
par. (f). The operating manual and records of training shall be available for inspection by the department upon request.
NR 440.216(9)
(9) Standards for municipal waste combustor fugitive ash emissions. NR 440.216(9)(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 to the atmosphere visible emissions of combustion ash from an ash conveying system, including conveyor transfer points, in excess of 5% of the observation period, that is, 9 minutes per 3-hour period, as determined by observations according to Method 22 of
40 CFR part 60, Appendix A, incorporated by reference in
s. NR 440.17 (1), as specified in
sub. (12) (k), except as provided in
pars. (b) and
(c).
NR 440.216(9)(b)
(b) The emission limit specified in
par. (a) does not cover visible emissions discharged inside buildings or enclosures of ash conveying systems. However, the emission limit specified in
par. (a) does cover visible emissions discharged to the atmosphere from buildings or enclosures of ash conveying systems.
NR 440.216(9)(c)
(c) The provisions specified in
par. (a) do not apply during maintenance and repair of ash conveying systems.
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.
