Chapter NR 440

NR 440.76 NR 440.76 Small municipal waste combustion units for which construction is commenced after August 30, 1999 or for which modification or reconstruction is commenced after June 6, 2001. This section establishes new source performance standards for new small municipal waste combustion units. Some of the requirements in this section apply during municipal waste combustion unit planning and shall be completed before construction is commenced on the municipal waste combustion unit. In particular, the preconstruction requirements in subs. (3) and (4) shall be completed prior to commencing construction. Other requirements, such as the emission limits, apply when the municipal waste combustion unit begins operation.

NR 440.76 Note Note: For purposes of this section “I”, ”my”, “you” or “your”, refers to the owner or operator of a municipal waste combustion unit or the applicant for a permit to construct a municipal waste combustion unit, unless the context indicates otherwise. (See the definitions in sub. (2) (z) and (zm).)

NR 440.76(1) (1) Applicability.

NR 440.76(1)(a) (a) Does this section apply to my municipal waste combustion unit? This section applies if your municipal waste combustion unit meets the following 2 criteria:

NR 440.76(1)(a)1. 1. Your municipal waste combustion unit is a new municipal waste combustion unit.

NR 440.76(1)(a)2. 2. Your municipal waste combustion unit has the capacity to combust at least 35 tons per day but no more than 250 tons per day of municipal solid waste or refuse-derived fuel.

NR 440.76(1)(b) (b) What is a new municipal waste combustion unit?

NR 440.76(1)(b)1. 1. A new municipal waste combustion unit is a municipal waste combustion unit that meets either of the following 2 criteria:

NR 440.76(1)(b)1.a. a. Commenced construction after August 30, 1999.

NR 440.76(1)(b)1.b. b. Commenced reconstruction or modification after June 6, 2001.

NR 440.76(1)(b)2. 2. This section does not apply to your municipal waste combustion unit if you make physical or operational changes to an existing municipal waste combustion unit primarily to comply with the emission guidelines in subpart BBBB of 40 CFR part 60. Those changes do not qualify as reconstruction or modification under this section.

NR 440.76(1)(c) (c) Does this section allow any exemptions?

NR 440.76(1)(c)1. 1. ‘Small municipal waste combustion units that combust less than 11 tons per day.’ You are exempt from this section if you meet the following 4 requirements:

NR 440.76(1)(c)1.a. a. Your municipal waste combustion unit is subject to a federally enforceable permit limiting the amount of municipal solid waste combusted to less than 11 tons per day.

NR 440.76(1)(c)1.b. b. You notify the department that the unit qualifies for the exemption.

NR 440.76(1)(c)1.c. c. You provide the department with a copy of the federally enforceable permit.

NR 440.76 Note Note: If the department issued the permit you may satisfy the requirement in subd. 1.c. by providing the department with your facility identification number and the number and date of issuance of the permit which limits the amount of municipal solid waste combusted.

NR 440.76(1)(c)1.d. d. You keep daily records of the amount of municipal solid waste combusted.

NR 440.76(1)(c)2. 2. ‘Small power production facilities.’ You are exempt from this section if you meet the following 4 requirements:

NR 440.76(1)(c)2.a. a. Your unit qualifies as a small power production facility under section 3 (17) (C) of the Federal Power Act (16 USC 796 (17) (C)).

NR 440.76(1)(c)2.b. b. Your unit combusts homogeneous waste, excluding refuse-derived fuel, to produce electricity.

NR 440.76(1)(c)2.c. c. You notify the department that the unit qualifies for the exemption.

NR 440.76(1)(c)2.d. d. You provide the department with documentation that the unit qualifies for the exemption.

NR 440.76(1)(c)3. 3. ‘Cogeneration facilities.’ You are exempt from this section if you meet the following 4 requirements:

NR 440.76(1)(c)3.a. a. Your unit qualifies as a cogeneration facility under section 3 (18) (B) of the Federal Power Act (16 USC 796 (18) (B)).

NR 440.76(1)(c)3.b. b. Your unit combusts homogeneous waste, excluding refuse-derived fuel, to produce electricity and steam or other forms of energy used for industrial, commercial, heating or cooling purposes.

NR 440.76(1)(c)3.c. c. You notify the department that the unit qualifies for the exemption.

NR 440.76(1)(c)3.d. d. You provide the department with documentation that the unit qualifies for the exemption.

NR 440.76(1)(c)4. 4. ‘Municipal waste combustion units that combust only tires.’ You are exempt from this section if you meet the following 3 requirements:

NR 440.76(1)(c)4.a. a. Your municipal waste combustion unit combusts a single-item waste stream of tires and no other municipal waste. However, the unit can co-fire coal, fuel oil, natural gas or other nonmunicipal solid waste.

NR 440.76(1)(c)4.b. b. You notify the department that the unit qualifies for the exemption.

NR 440.76(1)(c)4.c. c. You provide the department with documentation that the unit qualifies for the exemption.

NR 440.76(1)(c)5. 5. ‘Hazardous waste combustion units.’ You are exempt from this section if you get a permit for your unit under section 3005 of the Solid Waste Disposal Act (42 USC 6925) or a license under s. 291.25, Stats.

NR 440.76(1)(c)6. 6. ‘Materials recovery units.’ You are exempt from this section if your unit combusts waste mainly to recover metals. Primary and secondary smelters qualify for the exemption.

NR 440.76(1)(c)7. 7. ‘Co-fired combustors.’ You are exempt from this section if you meet the following 4 requirements:

NR 440.76(1)(c)7.a. a. Your unit has a federally enforceable permit limiting the combustion of municipal solid waste to 30% of the total fuel input by weight.

NR 440.76(1)(c)7.b. b. You notify the department that the unit qualifies for the exemption.

NR 440.76(1)(c)7.c. c. You provide the department with a copy of the federally enforceable permit.

NR 440.76 Note Note: If the department issued the permit you may satisfy the requirement in subd. 7.c. by providing the department with your facility identification number and the number and date of issuance of the permit which limits the amount of municipal solid waste combusted.

NR 440.76(1)(c)7.d. d. You record the weights, each quarter, of municipal solid waste and of all other fuels combusted.

NR 440.76(1)(c)8. 8. ‘Plastics or rubber recycling units.’ You are exempt from this section if you meet the following 4 requirements:

NR 440.76(1)(c)8.a. a. Your pyrolysis or combustion unit is an integrated part of a plastics or rubber recycling unit as defined in sub. (2).

NR 440.76(1)(c)8.b. b. You record the weights, each quarter, of plastics, rubber and rubber tires processed.

NR 440.76(1)(c)8.c. c. You record the weights, each quarter, of feed stocks produced and marketed from chemical plants and petroleum refineries.

NR 440.76(1)(c)8.d. d. You keep the name and address of the purchaser of those feed stocks.

NR 440.76(1)(c)9. 9. ‘Units that combust fuels made from products of plastics or rubber recycling plants.’ You are exempt from this section if you meet the following 2 requirements:

NR 440.76(1)(c)9.a. a. Your unit combusts gasoline, diesel fuel, jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, liquified petroleum gas, propane or butane produced by chemical plants or petroleum refineries that use feedstocks produced by plastics or rubber recycling units.

NR 440.76(1)(c)9.b. b. Your unit does not combust any other municipal solid waste.

NR 440.76(1)(c)10. 10. ‘Cement kilns.’ You are exempt from this section if your cement kiln combusts municipal solid waste.

NR 440.76(1)(c)11. 11. ‘Air curtain incinerators.’ If your air curtain incinerator, as defined in sub. (2), combusts 100% yard waste, only the requirements under sub. (14) apply to you.

NR 440.76(1)(d) (d) Do the new source performance standards of s. NR 440.21 also apply to my municipal waste combustion unit? If this section applies to your municipal waste combustion unit, then s. NR 440.21 does not apply to your municipal waste combustion unit.

NR 440.76(1)(f) (f) How are these new source performance standards structured? These new source performance standards contain the following 5 major components:

NR 440.76(1)(f)1. 1. Preconstruction requirements consisting of the following:

NR 440.76(1)(f)1.a. a. Materials separation plan.

NR 440.76(1)(f)1.b. b. Siting analysis.

NR 440.76(1)(f)2. 2. Good combustion practices consisting of the following:

NR 440.76(1)(f)2.a. a. Operator training.

NR 440.76(1)(f)2.b. b. Operator certification.

NR 440.76(1)(f)2.c. c. Operating requirements.

NR 440.76(1)(f)3. 3. Emission limits.

NR 440.76(1)(f)4. 4. Monitoring and stack testing.

NR 440.76(1)(f)5. 5. Recordkeeping and reporting.

NR 440.76(1)(g) (g) Do all 5 components of these new source performance standards apply at the same time? No, you shall meet the preconstruction requirements before you commence construction of the municipal waste combustion unit. After the municipal waste combustion unit begins operation, you shall meet all of the good combustion practices, emission limits, monitoring and stack testing requirements and most recordkeeping and reporting requirements.

NR 440.76(1)(h) (h) Are there different subcategories of small municipal waste combustion units within this section?

NR 440.76(1)(h)1. 1. Yes, this section subcategorizes small municipal waste combustion units into the following 2 groups based on the aggregate capacity of the municipal waste combustion plant as follows:

NR 440.76(1)(h)1.a. a. Class I units are small municipal waste combustion units that are located at municipal waste combustion plants with an aggregate plant combustion capacity greater than 250 tons per day of municipal solid waste. The definition of “municipal waste combustion plant capacity” in sub. (2) specifies which units at a plant are included in the aggregate capacity calculation.

NR 440.76(1)(h)1.b. b. Class II units are small municipal waste combustion units that are located at municipal waste combustion plants with an aggregate plant combustion capacity less than or equal to 250 tons per day of municipal solid waste. The definition of “municipal waste combustion plant capacity” in sub. (2) specifies which units at a plant are included in the aggregate capacity calculation.

NR 440.76(1)(h)2. 2. The requirements for Class I and Class II units are identical except for the following 2 items:

NR 440.76(1)(h)2.a. a. Class I units have a nitrogen oxides emission limit. As indicated in Table 1, Class II units do not have a nitrogen oxides emission limit. Additionally, Class I units have continuous emission monitoring, recordkeeping and reporting requirements for nitrogen oxides.

NR 440.76(1)(h)2.b. b. Class II units are eligible for the reduced testing option provided in sub. (10) (e).

NR 440.76(2) (2) Definitions. All terms used in this section that are not defined in this subsection shall have the meanings given in s. NR 440.02. If the terms are not defined in s. NR 440.02, the terms shall have the meanings given in s. NR 400.02, 40 CFR part 60, subpart B or the Act. In this section:

NR 440.76(2)(a) (a) “Air curtain incinerator” means an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs. Air curtain incinerators can be constructed above or below ground and with or without refractory walls and floor.

NR 440.76(2)(am) (am) “Batch municipal waste combustion unit” means a municipal waste combustion unit designed so it cannot combust municipal solid waste continuously 24 hours per day because the design does not allow waste to be fed to the unit or ash to be removed during combustion.

NR 440.76(2)(b) (b) “Calendar quarter” means 3 consecutive, nonoverlapping months beginning on January 1, April 1, July 1 or October 1.

NR 440.76(2)(c) (c) “Chief facility operator” means the person in direct charge and control of the operation of a municipal waste combustion unit. The chief facility operator is responsible for daily onsite supervision, technical direction, management and overall performance of the municipal waste combustion unit.

NR 440.76(2)(cm) (cm) “Class I units” mean small municipal waste combustion units subject to this section that are located at municipal waste combustion plants with an aggregate plant combustion capacity greater than 250 tons per day of municipal solid waste. The definition in this subsection of “municipal waste combustion plant capacity” specifies which units at a plant site are included in the aggregate capacity calculation.

NR 440.76(2)(d) (d) “Class II units” mean small municipal waste combustion units subject to this section that are located at municipal waste combustion plants with an aggregate plant combustion capacity less than or equal to 250 tons per day of municipal solid waste. The definition in this subsection of “municipal waste combustion plant capacity” specifies which units at a plant site are included in the aggregate capacity calculation.

NR 440.76(2)(dm) (dm) “Clean wood” means untreated wood or untreated wood products including clean untreated lumber, whole or chipped tree stumps and whole or chipped tree limbs. Clean wood does not include yard waste or construction, renovation and demolition wastes, such as railroad ties and telephone poles, that are exempt from the definition of municipal solid waste.

NR 440.76(2)(e) (e) “Co-fired combustion unit” means a unit that combusts municipal solid waste with nonmunicipal solid waste fuel (e.g., coal or industrial process waste). To be considered a co-fired combustion unit, the unit shall be subject to a federally enforceable permit that limits it to combusting a fuel feed stream which is 30% or less, by weight, municipal solid waste as measured each calendar quarter.

NR 440.76(2)(em) (em) “Continuous burning” means the continuous, semicontinuous or batch feeding of municipal solid waste to dispose of the waste, produce energy, or provide heat to the combustion system in preparation for waste disposal or energy production. Continuous burning does not mean the use of municipal solid waste solely to thermally protect the grate or hearth during the startup period when municipal solid waste is not fed to the grate or hearth.

NR 440.76(2)(f) (f) “Continuous emission monitoring system” means a monitoring system that continuously measures the emissions of a pollutant from a municipal waste combustion unit.

NR 440.76(2)(fm) (fm) “Dioxins/furans” mean tetra- to octa- chlorinated dibenzo-p-dioxins and dibenzofurans.

NR 440.76(2)(g) (g) “Eight-hour block average” or “8-hour block average” means the average of all hourly emission concentrations or parameter levels when the municipal waste combustion unit operates and combusts municipal solid waste measured over any of the following 8-hour periods of time:

NR 440.76(2)(g)1. 1. 12:00 midnight to 8:00 a.m.

NR 440.76(2)(g)2. 2. 8:00 a.m. to 4:00 p.m.

NR 440.76(2)(g)3. 3. 4:00 p.m. to 12:00 midnight.

NR 440.76(2)(gm) (gm) “Federally enforceable” means all limits and conditions the administrator can enforce, including the requirements of 40 CFR parts 60, 61 and 63, requirements in a state’s implementation plan, and any permit requirements established under ch. NR 406.

NR 440.76(2)(h) (h) “First calendar half” means the period that starts on January 1 and ends on June 30 in any year.

NR 440.76(2)(hm) (hm) “Fluidized bed combustion unit” means a unit where municipal waste is combusted in a fluidized bed of material. The fluidized bed material may remain in the primary combustion zone or may be carried out of the primary combustion zone and returned through a recirculation loop.