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)(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)(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)(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:
NR 440.76(2)(pm)1.
1. Municipal waste combustion units do not include pyrolysis or combustion units located at a plastics or rubber recycling unit as specified under
sub. (1) (c) 8. and
9. Municipal waste combustion units also do not include cement kilns that combust municipal solid waste as specified under
sub. (1) (c) 10. Municipal waste combustion units also do not include internal combustion engines, gas turbines or other combustion devices that combust landfill gases collected by landfill gas collection systems.
NR 440.76(2)(pm)2.
2. The municipal waste combustion unit includes the municipal solid waste fuel feed system, grate system, flue gas system, bottom ash system and the combustion unit water system. The municipal waste combustion unit does not include air pollution control equipment, the stack, water treatment equipment or the turbine-generator set. The municipal waste combustion unit starts at the municipal solid waste pit or hopper and extends through the following 3 areas:
NR 440.76(2)(pm)2.a.
a. The combustion unit flue gas system, which ends immediately after the heat recovery equipment or, if there is no heat recovery equipment, immediately after the combustion chamber.
NR 440.76(2)(pm)2.b.
b. The combustion unit bottom ash system, which ends at the truck loading station or similar equipment that transfers the ash to final disposal. It includes all ash handling systems connected to the bottom ash handling system.
NR 440.76(2)(pm)2.c.
c. The combustion unit water system, which starts at the feed water pump and ends at the piping that exits the steam drum or superheater.
NR 440.76(2)(q)
(q) “Particulate matter" means total particulate matter emitted from municipal waste combustion units as measured using Method 5 in Appendix A of
40 CFR part 60, incorporated by reference in
s. NR 440.17 (1), and the procedures specified in
sub. (10) (d).
NR 440.76(2)(qm)
(qm) “Plastics or rubber recycling unit" means an integrated processing unit for which plastics, rubber or rubber tires are the only feed materials. Incidental contaminants may be in the feed materials. The feed materials are processed and marketed to become input feed stock for chemical plants or petroleum refineries. The following 3 criteria further define a plastics or rubber recycling unit:
NR 440.76(2)(qm)1.
1. Each calendar quarter, the combined weight of the feed stock that a plastics or rubber recycling unit produces shall be more than 70% of the combined weight of the plastics, rubber and rubber tires that the recycling unit processes.
NR 440.76(2)(qm)2.
2. The plastics, rubber or rubber tires fed to the recycling unit may originate from separating or diverting plastics, rubber or rubber tires from municipal or industrial solid waste. The feed materials may include manufacturing scraps, trimmings, and off-specification plastics, rubber and rubber tire discards.
NR 440.76(2)(qm)3.
3. The plastics, rubber and rubber tires fed to the recycling unit may contain incidental contaminants such as paper labels on plastic bottles or metal rings on plastic bottle caps.
NR 440.76(2)(r)
(r) “Potential hydrogen chloride emissions" means the level of hydrogen chloride emissions from a municipal waste combustion unit that would occur from combusting municipal solid waste without emission controls for acid gases.
NR 440.76(2)(rm)
(rm) “Potential mercury emissions" means the level of mercury emissions from a municipal waste combustion unit that would occur from combusting municipal solid waste without controls for mercury emissions.
NR 440.76(2)(s)
(s) “Potential sulfur dioxide emissions" means the level of sulfur dioxide emissions from a municipal waste combustion unit that would occur from combusting municipal solid waste without emission controls for acid gases.
NR 440.76(2)(sm)
(sm) “Pyrolysis or combustion unit" means a unit that produces gases, liquids or solids by heating municipal solid waste. The gases, liquids or solids produced are combusted and the emissions vented to the atmosphere.
NR 440.76(2)(t)
(t) “Reconstruction" means rebuilding a municipal waste combustion unit and meeting the following 2 criteria:
NR 440.76(2)(t)2.
2. The cumulative cost of the construction over the life of the unit exceeds 50% of the original cost of building and installing the municipal waste combustion unit, not including land, updated to current costs in dollars. To determine what systems are within the boundary of the municipal waste combustion unit used to calculate those costs, see the definition in this subsection of “municipal waste combustion unit."
NR 440.76(2)(tm)
(tm) “Refractory unit" or “refractory wall furnace" means a municipal waste combustion unit that has no energy recovery, such as through a waterwall, in the furnace of the municipal waste combustion unit.
NR 440.76(2)(u)
(u) “Refuse-derived fuel" means a type of municipal solid waste produced by processing municipal solid waste through shredding and size classification. This includes all classes of refuse-derived fuel including the following 2 fuels:
NR 440.76(2)(u)1.
1. Low-density fluff refuse-derived fuel through densified refuse-derived fuel.
NR 440.76(2)(ug)
(ug) “Same location" means the same or contiguous properties under common ownership or control, including those separated only by a street, road, highway or other public right-of-way. Common ownership or control includes properties that are owned, leased or operated by the same entity, parent entity, subsidiary, subdivision or any combination thereof. Entities may include a municipality, other governmental unit or any quasi-governmental authority such as a public utility district or regional authority for waste disposal.
NR 440.76(2)(ur)
(ur) “Second calendar half" means the period that starts on July 1 and ends on December 31 in any year.
NR 440.76(2)(v)
(v) “Shift supervisor" means the person who is in direct charge and control of operating a municipal waste combustion unit and who is responsible for onsite supervision, technical direction, management and overall performance of the municipal waste combustion unit during an assigned shift.
NR 440.76(2)(vg)
(vg) “Spreader stoker, mixed fuel-fired (coal and refuse-derived fuel) combustion unit" means a municipal waste combustion unit that combusts coal and refuse-derived fuel simultaneously, in which coal is introduced to the combustion zone by a mechanism that throws the fuel onto a grate from above. Combustion takes place both in suspension and on the grate.
NR 440.76(2)(vr)
(vr) “Standard conditions" when referring to units of measure means a temperature of 20
°C and a pressure of 101.3 kilopascals.
NR 440.76(2)(w)
(w) “Startup period" means the period when a municipal waste combustion unit begins the continuous combustion of municipal solid waste. It does not include any warmup period during which the municipal waste combustion unit combusts fossil fuel or other solid waste fuel but receives no municipal solid waste.
NR 440.76(2)(wg)
(wg) “Stoker (refuse-derived fuel) combustion unit" means a steam generating unit that combusts refuse-derived fuel in a semisuspension combusting mode, using air-fed distributors.
NR 440.76(2)(wr)
(wr) “Total mass dioxins/furans" or “total mass" means the total mass of tetra- to octa- chlorinated dibenzo-p-dioxins and dibenzofurans as determined using Method 23 in Appendix A of
40 CFR part 60, incorporated by reference in
s. NR 440.17 (1), and the procedures specified in
sub. (10) (d).
NR 440.76(2)(x)
(x) “Twenty-four hour daily average" or “24-hour daily average" means either the arithmetic mean or geometric mean, as specified, of all hourly emission concentrations when the municipal waste combustion unit operates and combusts municipal solid waste, measured during the 24 hours between 12:00 midnight and the following midnight.
NR 440.76(2)(xm)
(xm) “Untreated lumber" means wood or wood products that have been cut or shaped and includes wet, air-dried and kiln-dried wood products. Untreated lumber does not include wood products that have been painted, pigment-stained or pressure-treated by compounds such as chromate copper arsenate, pentachlorophenol and creosote.
NR 440.76(2)(y)
(y) “Waterwall furnace" means a municipal waste combustion unit that has energy recovery in the furnace (for example, radiant heat transfer section) of the combustion unit.
NR 440.76(2)(ym)
(ym) “Yard waste" means grass, grass clippings, bushes, shrubs and clippings from bushes and shrubs that come from residential, commercial or retail, institutional or industrial sources as part of maintaining yards or other private or public lands. Yard waste does not include the following 2 items:
NR 440.76(2)(ym)1.
1. Construction, renovation and demolition wastes that are exempt from the definition of “municipal solid waste".
NR 440.76(2)(ym)2.
2. Clean wood that is exempt from the definition of “municipal solid waste".
NR 440.76(2)(z)
(z) “You" or “I" means 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.
NR 440.76(2)(zm)
(zm) “Your" or “my" means of or relating 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.
NR 440.76(3)
(3) Preconstruction requirements: materials separation plan. NR 440.76(3)(a)1.1. You shall prepare a materials separation plan for your municipal waste combustion unit if you commence construction of a new small municipal waste combustion unit after December 6, 2000.
NR 440.76(3)(a)2.
2. If you commence construction of your municipal waste combustion unit after August 30, 1999 but before December 6, 2000, you are not required to prepare the materials separation plan specified in this subsection.
NR 440.76(3)(a)3.
3. You shall prepare a materials separation plan if you are required to submit an initial application for a construction permit, under
ch. NR 405 or
408, as applicable, for the reconstruction or modification of your municipal waste combustion unit.
