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:
C is the HMIWI capacity, lb/hr
PV is the primary chamber volume, ft3
4.5 is the waste density, lb/ft3
8 is the typical hours of operation of a batch HMIWI, hours
NR 440.218(2)(mm)
(mm) “Maximum fabric filter inlet temperature" means 110% of the lowest 3-hour average temperature at the inlet to the fabric filter, taken at a minimum once every minute, measured during the most recent performance test demonstrating compliance with the dioxin/furan emission limit.
NR 440.218(2)(n)
(n) “Maximum flue gas temperature" means 110% of the lowest 3-hour average temperature at the outlet from the wet scrubber, taken at a minimum once every minute, measured during the most recent performance test demonstrating compliance with the mercury emission limit.
NR 440.218(2)(nm)
(nm) “Medical/infectious waste" means any waste generated in the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals that are listed in
subds. 1. to
7. Medical/infectious waste does not include hazardous waste identified or listed under the regulations in
40 CFR part 261; household waste as defined in
40 CFR 261.4 (b) (1); ash from incineration of medical/infectious waste, once the incineration process has been completed; human corpses, remains, and anatomical parts that are intended for internment or cremation; and domestic sewage materials identified in
40 CFR 261.4 (a) (1).
NR 440.218(2)(nm)1.
1. Cultures and stocks of infectious agents and associated biologicals, including cultures from medical and pathological laboratories; cultures and stocks of infectious agents from research and industrial laboratories; wastes from the production of biologicals; discarded live and attenuated vaccines; and culture dishes and devices used to transfer, inoculate and mix cultures.
NR 440.218(2)(nm)2.
2. Human pathological waste, including tissues, organs, and body parts and body fluids that are removed during surgery or autopsy, or other medical procedures, and specimens of body fluids and their containers.
NR 440.218(2)(nm)3.d.
d. Items that were saturated or dripping with human blood that are now caked with dried human blood; including serum, plasma, and other blood components, and their containers, which were used or intended for use in either patient care, testing and laboratory analysis or the development of pharmaceuticals. Intravenous bags are also include in this category.
NR 440.218(2)(nm)4.
4. Sharps that have been used in animal or human patient care or treatment or in medical, research or industrial laboratories, including hypodermic needles, syringes with or without the attached needle, pasteur pipettes, scalpel blades, blood vials, needles with attached tubing and culture dishes regardless of presence of infectious agents. Also included are other types of broken or unbroken glassware that were in contact with infectious agents, such as used slides and cover slips.
NR 440.218(2)(nm)5.
5. Animal waste including contaminated animal carcasses, body parts and bedding of animals that were known to have been exposed to infectious agents during research, including research in veterinary hospitals, production of biologicals or testing of pharmaceuticals.
NR 440.218(2)(nm)6.
6. Isolation wastes including biological waste and discarded materials contaminated with blood, excretions, exudates or secretions from humans who are isolated to protect others from certain highly communicable diseases, or isolated animals known to be infected with highly communicable diseases.
NR 440.218(2)(nm)7.
7. Unused sharps including the following unused, discarded sharps: hypodermic needles, suture needles, syringes and scalpel blades.
NR 440.218(2)(o)
(o) “Medium HMIWI" means an HMIWI whose maximum design waste burning capacity is more than 200 pounds per hour but less than or equal to 500 pounds per hour, a continuous or intermittent HMIWI whose maximum charge rate is more than 200 pounds per hour but less than or equal to 500 pounds per hour, or a batch HMIWI whose maximum charge rate is more than 1,600 pounds per day but less than or equal to 4,000 pounds per day. A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour or more than 500 pounds per hour or a batch HMIWI whose maximum charge rate is more than 4,000 pounds per day or less than or equal to 1,600 pounds per day is not a medium HMIWI.
NR 440.218(2)(om)
(om) “Minimum dioxin/furan sorbent flow rate" means 90% of the highest 3-hour average dioxin/furan sorbent flow rate, taken at a minimum once every hour, measured during the most recent performance test demonstrating compliance with the dioxin/furan emission limit.
NR 440.218(2)(p)
(p) “Minimum mercury sorbent flow rate" means 90% of the highest 3-hour average mercury sorbent flow rate, taken at a minimum once every hour, measured during the most recent performance test demonstrating compliance with the mercury emission limit.
NR 440.218(2)(pm)
(pm) “Minimum hydrogen chloride sorbent flow rate" means 90% of the highest 3-hour average hydrogen chloride (HCl) sorbent flow rate, taken at a minimum once every hour, measured during the most recent performance test demonstrating compliance with the HCl emission limit.
NR 440.218(2)(q)
(q) “Minimum horsepower or amperage" means 90% of the highest 3-hour average horsepower or amperage to the wet scrubber, taken at a minimum once every minute, measured during the most recent performance test demonstrating compliance with the applicable emission limits.
NR 440.218(2)(qm)
(qm) “Minimum pressure drop across the wet scrubber" means 90% of the highest 3-hour average pressure drop across the wet scrubber PM control device, taken at a minimum once every minute, measured during the most recent performance test demonstrating compliance with the PM emission limit.
NR 440.218(2)(r)
(r) “Minimum scrubber liquor flow rate" means 90% of the highest 3-hour average liquor flow rate at the inlet to the wet scrubber, taken at a minimum once every minute, measured during the most recent performance test demonstrating compliance with all applicable emission limits.
NR 440.218(2)(rm)
(rm) “Minimum scrubber liquor pH" means 90% of the highest 3-hour average liquor pH at the inlet to the wet scrubber, taken at a minimum once every minute, measured during the most recent performance test demonstrating compliance with the HCl emission limit.
NR 440.218(2)(s)
(s) “Minimum secondary chamber temperature" means 90% of the highest 3-hour average secondary chamber temperature, taken at a minimum once every minute, measured during the most recent performance test demonstrating compliance with the PM, CO or dioxin/furan emission limits.
NR 440.218(2)(sm)
(sm) “Modification" or “modified HMIWI" means any changes to an HMIWI unit after September 15, 1997 if the cumulative costs of the changes, over the life of the unit, exceed 50% of the original cost of the construction and installation of the unit, not including the cost of any land purchased in connection with the construction or installation, updated to current costs; or any physical change in, or change in the method of operation of the unit which increases the amount of any air pollutant emitted by the unit for which standards have been established under section 111 or 129 of the Act (
42 USC 7411 or
7429).
NR 440.218(2)(t)
(t) “Operating day" means a 24-hour period between 12:00 midnight and the following midnight during which any amount of hospital waste or medical/infectious waste is combusted at any time in the HMIWI.
NR 440.218(2)(tm)
(tm) “Operation" means the period during which waste is combusted in the incinerator excluding periods of startup or shutdown.
NR 440.218(2)(u)
(u) “Particulate matter" or “PM" means the total particulate matter emitted from an HMIWI as measured by Method 5 or Method 29 of
40 CFR part 60, Appendix A, incorporated by reference in
s. NR 440.17 (1).
NR 440.218(2)(um)
(um) “Pathological waste" means waste material consisting of only human or animal remains, anatomical parts or tissue; the bags or containers used to collect and transport the waste material; and animal bedding if applicable.
NR 440.218(2)(v)
(v) “Primary chamber" means the chamber in an HMIWI that receives waste material, in which the waste is ignited, and from which ash is removed.
NR 440.218(2)(vm)
(vm) “Pyrolysis" means the endothermic gasification of hospital waste or medical/infectious waste using external energy.
NR 440.218(2)(w)
(w) “Secondary chamber" means a component of the HMIWI that receives combustion gases from the primary chamber and in which the combustion process is completed.
NR 440.218(2)(wm)
(wm) “Shutdown" means the period of time after all waste has been combusted in the primary chamber. For continuous HMIWI, shutdown shall commence no less than 2 hours after the last charge to the incinerator. For intermittent HMIWI, shutdown shall commence no less than 4 hours after the last charge to the incinerator. For batch HMIWI, shutdown shall commence no less than 5 hours after the high-air phase of combustion has been completed.
NR 440.218(2)(x)
(x) “Small HMIWI" means an HMIWI whose maximum design waste burning capacity is less than or equal to 200 pounds per hour, a continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour, or a batch HMIWI whose maximum charge rate is less than or equal to 1,600 pounds per day. A continuous or intermittent HMIWI whose maximum charge rate is more than 200 pounds per hour or a batch HMIWI whose maximum charge rate is more than 1,600 pounds per day is not a small HMIWI.
NR 440.218(2)(xm)
(xm) “Standard conditions" means a temperature of 205C and a pressure of 101.3 kilopascals.
NR 440.218(2)(y)
(y) “Startup" means the period of time between the activation of the system and the first charge to the unit. For batch HMIWI, startup means the period of time between activation of the system and ignition of the waste.
NR 440.218(2)(ym)
(ym) “Wet scrubber" means an add-on air pollution control device that utilizes an alkaline scrubbing liquor to collect particulate matter, including nonvaporous metals and condensed organics, or to absorb and neutralize acid gases.
NR 440.218(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, whichever date comes first, no owner or operator of an affected facility may cause to be discharged into the atmosphere from that affected facility any gases that contain stack emissions in excess of the limits presented in Table 1.
NR 440.218(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, whichever date comes first, no owner or operator of an affected facility may cause to be discharged into the atmosphere from the stack of that affected facility any gases that exhibit greater than 10% opacity, 6-minute block average.
NR 440.218(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, whichever date comes first, no owner or operator of an affected facility utilizing a large HMIWI may cause to be discharged into 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 Method 22 of
40 CFR part 60, Appendix A, incorporated by reference in
s. NR 440.17 (1), except as provided in
pars. (d) and
(e).
NR 440.218(3)(d)
(d) The emission limit specified in
par. (c) does not cover visible emissions discharged inside buildings or enclosures of ash conveying systems; however, the emission limit does cover visible emissions discharged to the atmosphere from buildings or enclosures of ash conveying systems.
NR 440.218(3)(e)
(e) The provisions specified in
par. (c) do not apply during maintenance and repair of ash conveying systems. Maintenance or repair or both may not exceed 10 operating days per calendar quarter unless the owner or operator obtains written approval from the department establishing a date whereby all necessary maintenance and repairs of ash conveying systems shall be completed.
NR 440.218(4)
(4) Operator training and qualification requirements. NR 440.218(4)(a)(a) No owner or operator of an affected facility may allow the affected facility to operate at any time unless a fully trained and qualified HMIWI operator is accessible, either at the facility or available within one hour. The trained and qualified HMIWI operator may operate the HMIWI directly or be the direct supervisor of one or more HMIWI operators.
NR 440.218(4)(b)
(b) Operator training and qualification shall be obtained through
ch. NR 499 or by completing all of the requirements included in
pars. (c) to
(g).
