Chapter NR 440

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)1. 1. The reconstruction begins after June 6, 2001.

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)(u)2. 2. Pelletized 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) (a) Who must submit a 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.

NR 440.76(3)(b) (b) What is a materials separation plan? The plan identifies a goal and an approach for separating certain components of municipal solid waste for a given service area prior to waste combustion and making them available for recycling.

NR 440.76(3)(c) (c) What steps must I complete for my materials separation plan?

NR 440.76(3)(c)1. 1. For your materials separation plan, you shall complete the following 9 steps:

NR 440.76(3)(c)1.a. a. Prepare a draft materials separation plan.

NR 440.76(3)(c)1.b. b. Make your draft plan available to the public.

NR 440.76(3)(c)1.c. c. Hold a public meeting on your draft plan.

NR 440.76(3)(c)1.d. d. Prepare responses to public comments received during the public comment period on your draft plan.

NR 440.76(3)(c)1.e. e. Prepare a revised materials separation plan.

NR 440.76(3)(c)1.f. f. Discuss the revised plan at the public meeting for review of the siting analysis.

NR 440.76(3)(c)1.g. g. Prepare responses to public comments received on your revised plan.

NR 440.76(3)(c)1.h. h. Prepare a final materials separation plan.

NR 440.76(3)(c)1.i. i. Submit the final materials separation plan.

NR 440.76(3)(c)2. 2. You may use analyses conducted under the requirements of s. NR 405.08 to determine BACT or 408.04 to determine LAER, to comply with some of the materials separation plan requirements of this section.

NR 440.76(3)(d) (d) What must I include in my draft materials separation plan?

NR 440.76(3)(d)1. 1. You shall prepare and submit a draft materials separation plan for your municipal waste combustion unit and its service area.

NR 440.76(3)(d)2. 2. Your draft materials separation plan shall identify a goal and an approach for separating certain components of municipal solid waste for a given service area prior to waste combustion and making them available for recycling. A materials separation plan may include such elements as drop-off facilities, buy-back or deposit-return incentives, programs for curbside pickup, and centralized systems for mechanical separation.

NR 440.76(3)(d)3. 3. Your materials separation plan may include different goals or approaches for different subareas in the service area.

NR 440.76(3)(d)4. 4. Your materials separation plan may exclude materials separation activities for certain subareas or, if warranted, the entire service area.

NR 440.76(3)(e) (e) How do I make my draft materials separation plan available to the public?

NR 440.76(3)(e)1. 1. You shall distribute your draft materials separation plan to the main public libraries in the area where you will construct the municipal waste combustion unit.

NR 440.76(3)(e)2. 2. You shall publish a notice of a public meeting in the main newspapers that serve the following 2 areas:

NR 440.76(3)(e)2.a. a. The area where you will construct the municipal waste combustion unit.

NR 440.76(3)(e)2.b. b. The areas where the waste that your municipal waste combustion unit combusts will be collected.

NR 440.76(3)(e)3. 3. You shall include the following 6 items in your notice of the public meeting:

NR 440.76(3)(e)3.a. a. The date of the public meeting.

NR 440.76(3)(e)3.b. b. The time of the public meeting.

NR 440.76(3)(e)3.c. c. The location of the public meeting.

NR 440.76(3)(e)3.d. d. The location of the public libraries where the public can find your materials separation plan. Include the normal business hours of each library.

NR 440.76(3)(e)3.e. e. An agenda of the topics that will be discussed at the public meeting.

NR 440.76(3)(e)3.f. f. The beginning and ending dates of the public comment period on your draft materials separation plan.

NR 440.76(3)(f) (f) When must I accept comments on the materials separation plan?

NR 440.76(3)(f)1. 1. You shall accept verbal comments at the public meeting.

NR 440.76(3)(f)2. 2. You shall accept written comments anytime during the period that begins on the date the document is distributed to the main public libraries and ends 30 days after the date of the public meeting.

NR 440.76(3)(g) (g) Where and when must I hold a public meeting on my draft materials separation plan?

NR 440.76(3)(g)1. 1. You shall hold a public meeting and accept comments on your draft materials separation plan.

NR 440.76(3)(g)2. 2. You shall hold the public meeting in the county where you will construct the municipal waste combustion unit.

NR 440.76(3)(g)3. 3. You shall schedule the public meeting to occur at least 30 days after you make your draft materials separation plan available to the public.

NR 440.76(3)(g)4. 4. You may combine the public meeting with any other public meeting required as part of any other federal, state or local permit review. However, you may not combine it with the public meeting required for the siting analysis under sub. (4) (g).

NR 440.76(3)(g)5. 5. You are encouraged to address the following 8 topics at the public meeting for your draft materials separation plan:

NR 440.76(3)(g)5.a. a. Expected size of the service area for your municipal waste combustion unit.

NR 440.76(3)(g)5.b. b. Amount of waste you will collect in the service area.

NR 440.76(3)(g)5.c. c. Types and estimated amounts of materials proposed for separation.

NR 440.76(3)(g)5.d. d. Methods proposed for materials separation.