Chapter NR 440

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.

NR 440.76(2)(i) (i) “Four-hour block average” or “4-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 4-hour periods:

NR 440.76(2)(i)1. 1. 12:00 midnight to 4:00 a.m.

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

NR 440.76(2)(i)3. 3. 8:00 a.m. to 12:00 noon.

NR 440.76(2)(i)4. 4. 12:00 noon to 4:00 p.m.

NR 440.76(2)(i)5. 5. 4:00 p.m. to 8:00 p.m.

NR 440.76(2)(i)6. 6. 8:00 p.m. to 12:00 midnight.

NR 440.76(2)(im) (im) “Mass burn refractory municipal waste combustion unit” means a field-erected municipal waste combustion unit that combusts municipal solid waste in a refractory wall furnace. Unless otherwise specified, municipal waste combustion units with a cylindrical rotary refractory wall furnace are included.

NR 440.76(2)(j) (j) “Mass burn rotary waterwall municipal waste combustion unit” means a field-erected municipal waste combustion unit that combusts municipal solid waste in a cylindrical rotary waterwall furnace.

NR 440.76(2)(jm) (jm) “Mass burn waterwall municipal waste combustion unit” means a field-erected municipal waste combustion unit that combusts municipal solid waste in a waterwall furnace.

NR 440.76(2)(k) (k) “Materials separation plan” means a plan that identifies a goal and an approach for separating certain components of municipal solid waste for a given service area in order to make the separated materials available for recycling. A materials separation plan may include the following 3 items:

NR 440.76(2)(k)1. 1. Elements such as drop-off facilities, buy-back or deposit-return incentives, curbside pickup programs or centralized mechanical separation systems.

NR 440.76(2)(k)2. 2. Different goals or approaches for different subareas in the service area.

NR 440.76(2)(k)3. 3. No materials separation activities for certain subareas or, if warranted, the entire service area.

NR 440.76(2)(km) (km) “Maximum demonstrated load of a municipal waste combustion unit” means the highest 4-hour block arithmetic average municipal waste combustion unit load achieved during 4 consecutive hours in the course of the most recent dioxins/furans stack test that demonstrates compliance with the applicable emission limit for dioxins/furans specified in this section.

NR 440.76(2)(L) (L) “Maximum demonstrated temperature of the particulate matter control device” means the highest 4-hour block arithmetic average flue gas temperature measured at the inlet of the particulate matter control device during 4 consecutive hours in the course of the most recent stack test for dioxins/furans emissions that demonstrates compliance with the limits specified in this section.

NR 440.76(2)(Lm) (Lm) “Medical/infectious waste” has the meaning given for “medical/infectious waste” in s. NR 440.218 (2) (nm).

NR 440.76(2)(m) (m) “Mixed fuel-fired (pulverized coal and refuse-derived fuel) combustion unit” means a combustion unit that combusts coal and refuse-derived fuel simultaneously, in which pulverized coal is introduced into an air stream that carries the coal to the combustion chamber of the unit where it is combusted in suspension. This includes both conventional pulverized coal and micropulverized coal.

NR 440.76(2)(mm) (mm) “Modification” or “modified municipal waste combustion unit” means a municipal waste combustion unit you have changed after June 6, 2001 and that meets one of the 2 following criteria:

NR 440.76(2)(mm)1. 1. The cumulative cost of the changes over the life of the unit exceeds 50% of the original cost of building and installing the unit, not including the cost of land, updated to current costs.

NR 440.76(2)(mm)2. 2. Any physical change in the municipal waste combustion unit or change in the method of operating it that increases the emission level of any air pollutant for which new source performance standards have been established under section 129 or section 111 of the Act (42 USC 7429 or 7411). Increases in the emission level of any air pollutant shall be determined when the municipal waste combustion unit operates at 100% of its physical load capability and shall be measured downstream of all air pollution control devices. Load restrictions based on permits or other nonphysical operational restrictions may not be considered in the determination.

NR 440.76(2)(n) (n) “Modular excess-air municipal waste combustion unit” means a municipal waste combustion unit that combusts municipal solid waste, is not field-erected, and has multiple combustion chambers, all of which are designed to operate at conditions with combustion air amounts in excess of theoretical air requirements.

NR 440.76(2)(nm) (nm) “Modular starved-air municipal waste combustion unit” means a municipal waste combustion unit that combusts municipal solid waste, is not field-erected, and has multiple combustion chambers in which the primary combustion chamber is designed to operate at substoichiometric conditions.

NR 440.76(2)(o) (o) “Municipal solid waste” or “municipal-type solid waste” means household, commercial, retail or institutional waste. Household waste includes material discarded by residential dwellings, hotels, motels and other similar permanent or temporary housing. Commercial or retail waste includes material discarded by stores, offices, restaurants, warehouses, nonmanufacturing activities at industrial facilities and other similar establishments or facilities. Institutional waste includes materials discarded by schools, nonmedical materials discarded by hospitals, materials discarded by nonmanufacturing activities at prisons and government facilities, and other similar establishments or facilities. Household, commercial, retail and institutional waste does include yard waste and refuse-derived fuel. Household, commercial, retail and institutional waste does not include used oil; sewage sludge; wood pallets; construction, renovation and demolition wastes, such as railroad ties and telephone poles; clean wood; industrial process or manufacturing wastes; medical waste; or motor vehicles, including motor vehicle parts or vehicle fluff.

NR 440.76(2)(om) (om) “Municipal waste combustion plant” means one or more municipal waste combustion units at the same location as specified under sub. (1) (b) 1. and 2.

NR 440.76(2)(p) (p) “Municipal waste combustion plant capacity” means the aggregate municipal waste combustion capacity of all municipal waste combustion units at the plant that are subject to s. NR 440.215 or 440.216 or this section.

NR 440.76(2)(pm) (pm) “Municipal waste combustion unit” means any setting or equipment that combusts solid, liquid or gasified municipal solid waste. The term “municipal waste combustion unit” includes field-erected combustion units with or without heat recovery; modular combustion units with starved-air or excess-air; boilers such as steam generating units; furnaces, whether suspension-fired, grate-fired, mass-fired, air curtain incinerators or fluidized bed-fired; and pyrolysis or combustion units. The following 2 criteria further define municipal waste combustion units: