NR 440.215(9)(h)11.11. All valid data shall be used in calculating the parameters specified under this paragraph even if the minimum data requirements of subd. 10. are not met. NR 440.215(9)(h)12.12. Quarterly accuracy determinations and daily calibration drift tests for carbon monoxide CEMS shall be performed in accordance with procedure 1 of Appendix F of 40 CFR part 60, incorporated by reference in s. NR 440.17. NR 440.215(9)(j)(j) The following procedures shall be used for calculating MWC unit capacity as defined under sub. (2): NR 440.215(9)(j)1.1. For MWC units capable of combusting MSW continuously for a 24-hour period, MWC unit capacity in megagrams per day or tons per day of MSW combusted shall be calculated based on 24 hours of operation at the maximum design charging rate. The design heating values under subd. 4. shall be used in calculating the design charging rate. NR 440.215(9)(j)2.2. For batch MWC units, MWC unit capacity in megagrams per day or tons per day of MSW combusted shall be calculated as the maximum design amount of MSW that can be charged per batch multiplied by the maximum number of batches that could be processed in a 24-hour period. The maximum number of batches that could be processed in a 24-hour period is calculated as 24 hours divided by the design number of hours required to process one batch of MSW, and may include fractional batches. The design heating values under subd. 4. shall be used in calculating the MWC unit capacity in megagrams per day or tons per day of MSW. NR 440.215 NoteNote: For example, if one batch requires 16 hours then 24/16 or 1.5 batches could be combusted in a 24-hour period.
NR 440.215(9)(j)4.4. MWC unit capacity shall be calculated using a design heating value of 10,500 kilojoules per kilogram (4,500 Btu per pound) for all MSW. NR 440.215(10)(10) Reporting and recordkeeping requirements. The owner or operator of an affected facility located at an MWC plant with a capacity greater than 225 megagrams per day (250 tons per day) shall provide notification of intent to construct and of planned initial startup date and the type or types of fuels planned for combustion in the affected facility. The MWC unit capacity and MWC plant capacity and supporting capacity calculations shall be provided at the time of the notification of construction. NR 440.215(10c)(10c) Daily records. The owner or operator of an affected facility located within a small or large MWC plant and subject to the standards under sub. (3), (4), (5), (6) or (7) shall maintain records of the following information for each affected facility for a period of at least 2 years: NR 440.215(10c)(b)1.1. The following measurements shall be recorded in computer readable format and on paper: NR 440.215(10c)(b)1.b.b. All 1-hour average sulfur dioxide emission rates at the inlet and outlet of the acid gas control device if compliance is based on a percent reduction or at the outlet only if compliance is based on the outlet emission limit as specified under sub. (9) (e). NR 440.215(10c)(b)1.d.d. All 1-hour average carbon monoxide emission rates, MWC unit load measurements and particulate matter control device inlet temperatures as specified under sub. (9) (h). NR 440.215(10c)(b)2.a.a. All 24-hour daily geometric average percent reductions in sulfur dioxide emissions and all 24-hour daily geometric average sulfur dioxide emission rates as specified under sub. (9) (e). NR 440.215(10c)(b)2.c.c. All 4-hour block or 24-hour daily arithmetic average carbon monoxide emission rates, as applicable, as specified under sub. (9) (h). NR 440.215(10c)(b)2.d.d. All 4-hour block arithmetic average MWC unit load levels and particulate matter control device inlet temperatures as specified under sub. (9) (h). NR 440.215(10c)(c)(c) Identification of the operating days when any of the average emission rates, percent reductions or operating parameters specified under par. (b) 2. or the opacity level exceeded the applicable limits with reasons for such exceedances as well as a description of corrective actions taken. NR 440.215(10c)(d)(d) Identification of operating days for which the minimum number of hours of sulfur dioxide or nitrogen oxides emissions or operational data, including carbon monoxide emissions, unit load or particulate matter control device temperature, have not been obtained, including reasons for not obtaining sufficient data and a description of corrective actions taken. NR 440.215(10c)(e)(e) Identification of the times when sulfur dioxide or nitrogen oxides emission or operational data, including carbon monoxide emissions, unit load or particulate matter control device temperature, have been excluded from the calculation of average emission rates or parameters and the reasons for excluding data. NR 440.215(10c)(f)(f) The results of daily sulfur dioxide, nitrogen oxides and carbon monoxide CEMS drift tests and accuracy assessments as required under procedure 1 of Appendix F of 40 CFR part 60, incorporated by reference in s. NR 440.17. NR 440.215(10c)(g)(g) The results of all annual performance tests conducted to determine compliance with the particulate matter, dioxin/furan and hydrogen chloride limits. For all annual dioxin/furan tests, the maximum demonstrated MWC unit load and maximum demonstrated particulate matter control device temperature shall be recorded along with supporting calculations. NR 440.215(10f)(10f) Initial compliance test report. Following the initial compliance test as required under s. NR 440.08 and sub. (9), the owner or operator of an affected facility located within a large MWC plant shall submit the initial compliance test data, the performance evaluation of the CEMS using the applicable performance specifications in Appendix B of 40 CFR part 60, incorporated by reference in s. NR 440.17, and the maximum demonstrated MWC unit load and maximum demonstrated particulate matter control device temperature established during the dioxin/furan compliance test. NR 440.215(10i)(a)(a) The owner or operator of an affected facility located within a large MWC plant shall submit annual compliance reports for sulfur dioxide, nitrogen oxide if applicable, carbon monoxide, load level and particulate matter control device temperature to the department containing the information recorded under sub. (10c) (a), (b) 2. and (d) to (f) for each pollutant or parameter. The hourly average values recorded under sub. (10c) (b) 1. are not required to be included in the annual reports. The owner or operator of an affected facility shall submit reports semiannually once the affected facility is subject to permitting requirements under Title V of the Act (42 USC 7661 to 7661f). NR 440.215(10i)(b)(b) The owner or operator shall submit a semiannual report for any pollutant or parameter that does not comply with the pollutant or parameter limits specified in this section. The report shall include the information recorded under sub. (10c) (c). For each of the dates reported, the sulfur dioxide, nitrogen oxide, carbon monoxide, load level and particulate matter control device temperature data, as applicable, recorded under sub. (10c) (b) 2., shall be included. NR 440.215(10i)(c)(c) Reports shall be postmarked no later than the 30th day following the end of the annual or semiannual period, as applicable. NR 440.215(10k)(a)(a) The owner or operator of an affected facility located within a large MWC plant shall submit annual compliance reports, as applicable, for opacity. The annual report shall list the percent of the affected facility operating time for the reporting period that the opacity CEMS was operating and collecting valid data. Once the unit is subject to permitting requirements under Title V of the Act (42 USC 7661 to 7661f), the owner or operator of an affected facility shall submit these reports semiannually. NR 440.215(10k)(b)(b) The owner or operator shall submit a semiannual report for all periods when the 6-minute average levels exceeded the opacity limit under sub. (3). The semiannual report shall include all information recorded under sub. (10c) (c) which pertains to opacity, and a listing of the 6-minute average opacity levels recorded under sub. (10c) (b) 1. a. which exceeded the opacity limit. NR 440.215(10k)(c)(c) Reports shall be postmarked no later than the 30th day following the end of the annual of semiannual period, as applicable. NR 440.215(10n)(a)(a) The owner or operator of an affected facility located within a large MWC plant shall submit reports to the department of all annual performance tests for particulate matter, dioxin/furan and hydrogen chloride as recorded under sub. (10c) (g), as applicable, from the affected facility. For each annual dioxin/furan compliance test, the maximum demonstrated MWC unit load and maximum demonstrated particulate matter control device temperature shall be reported. Reports shall be submitted when available and in no case later than the date of required submittal of the annual report specified under subs. (10i) and (10k), or within 6 months of the date the test was conducted, whichever is earlier. NR 440.215(10n)(b)(b) The owner or operator shall submit a report of test results which documents any particulate matter, dioxin/furan and hydrogen chloride levels that were above the applicable pollutant limit. The report shall include a copy of the test report documenting the emission levels and shall include the corrective action taken. Reports shall be submitted when available and in no case later than the date required for submittal of any semi-annual report required in subs. (10i) and (10k), or within 6 months of the date the test was conducted, whichever is earlier. NR 440.215(10p)(10p) CEMS data records. Records of CEMS data for opacity, sulfur dioxide, nitrogen oxides, carbon monoxide, load level data and particulate matter control device temperature data shall be maintained for at least 2 years after date of recordation and be made available for inspection upon request. NR 440.215(10s)(10s) Operating manual review records. Records showing the names of persons who have completed review of the operating manual, including the date of the initial review and all subsequent annual reviews, shall be maintained for at least 2 years after date of review and be made available for inspection upon request. NR 440.215 HistoryHistory: Cr., Register, December, 1995, No. 480, eff. 1-1-96; correction made under s. 13.93 (2m) (b) 1., Stats., Register, April, 1997, No. 496; correction in (10c) (intro.) made under s. 13.93 (2m) (b) 7., Register, November, 1999, No. 527; CR 06-109: am. NR 440.215 (title), renum. (1) (a) to be (1) (a) (intro.) and am., cr. (1) (a) 1. and 2., (h) to (k), (2) (be), (ds), (rm), (tg), (tr), (ug), (ur), (xm), (ze), (zm) and (zs), (9) (h) 6. c. and d., (10i) (b) and (c), (10k) (b) and (c) and (10n) (b), r. and recr. (1) (c), (d) and (g), (2) (cm) and (i), am. (1) (e) and (f), (2) (d), (f), (fm), (g), (gm), (h), (hm), (jm), (k), (o), (p), (q) and (y), (7) (a) 1. to 10. and (d), (9) (b) 3. and 8., (e) 14., (f) 2., (h) 1., 2. and 6. a. and b. and (h) 10., (10i) (title), (10k) (title), r. (7) (f) 9. and (9) (j) 3. and 4. a. and b., (10c) (h) and (i) and (10u), renum. (9) (j) 4. (intro.) to be (9) (j) 4. and am, renum. (10i), (10k) and (10n) to be (10i) (a), (10k) (a) and (10n) (a) and am. Register May 2008 No. 629, eff. 6-1-08. NR 440.216NR 440.216 Large municipal waste combustors for which construction is commenced after September 20, 1994 or for which modification or reconstruction is commenced after June 19, 1996. NR 440.216(1)(a)(a) The affected facility to which this section applies is each municipal waste combustor unit with a combustion capacity greater than 250 tons per day of municipal solid waste for which construction is commenced after September 20, 1994 or for which modification or reconstruction is commenced after June 19, 1996. NR 440.216(1)(b)(b) Any waste combustion unit that is capable of combusting more than 250 tons per day of municipal solid waste and is subject to a federally enforceable permit limiting the maximum amount of municipal solid waste that may be combusted in the unit to less than or equal to 11 tons per day is not subject to this section if the owner or operator of the unit does all of the following: NR 440.216(1)(b)2.2. Provides a copy of the federally enforceable permit that limits the firing of municipal solid waste to less than 11 tons per day. NR 440.216(1)(b)3.3. Keeps records of the amount of municipal solid waste fired on a daily basis. NR 440.216(1)(d)(d) Physical or operational changes made to an existing municipal waste combustor unit primarily for the purpose of complying with emission guidelines under 40 CFR part 60, subpart Cb are not considered a modification or reconstruction and do not result in an existing municipal waste combustor unit becoming subject to this section. NR 440.216(1)(e)(e) A qualifying small power production facility, as defined in section 3 (17) (C) of the Federal Power Act (16 USC 796 (17) (C)), that burns homogeneous waste, such as automotive tires or used oil, but not including refuse-derived fuel, for the production of electric energy is not subject to this section if the owner or operator of the facility notifies the department of this exemption and provides data documenting that the facility qualifies for this exemption. NR 440.216(1)(f)(f) A qualifying cogeneration facility, as defined in section 3 (18) (B) of the Federal Power Act (16 USC 796 (18) (B)), that burns homogeneous waste, such as automotive tires or used oil, but not including refuse-derived fuel, for the production of electric energy and steam or forms of useful energy such as heat that are used for industrial, commercial, heating or cooling purposes, is not subject to this section if the owner or operator of the facility notifies the department of this exemption and provides data documenting that the facility qualifies for this exemption. NR 440.216(1)(g)(g) Any unit combusting a single-item waste stream of tires is not subject to this section if the owner or operator of the unit does both of the following: NR 440.216(1)(g)3.3. Provides data documenting that the unit qualifies for this exemption. NR 440.216(1)(h)(h) Any unit required to have a permit under section 3005 of the Solid Waste Disposal Act (42 USC 6925), or a license under s. 291.25, Stats., is not subject to this section. NR 440.216(1)(i)(i) Any materials recovery facility, including primary or secondary smelters, that combusts waste for the primary purpose of recovering metals is not subject to this section. NR 440.216(1)(j)(j) Any cofired combustor, as defined under sub. (2), that meets the capacity specifications in par. (a) is not subject to this section if the owner or operator of the cofired combustor does all of the following: NR 440.216(1)(j)2.2. Provides a copy of the federally enforceable permit specified in the definition of cofired combustor in sub. (2). NR 440.216(1)(j)3.3. Keeps a record on a calendar quarter basis of the weight of municipal solid waste combusted at the cofired combustor and the weight of all other fuels combusted at the cofired combustor. NR 440.216(1)(k)(k) Air curtain incinerators, as defined under sub. (2), located at a plant that meet the capacity specifications in par. (a) and that combust a fuel stream composed of 100% yard waste are exempt from all provisions of this section except the opacity limit under sub. (10), the testing procedures under sub. (12) (a) 1. and the reporting and recordkeeping provisions under sub. (13) (e) and (i). NR 440.216(1)(L)(L) Air curtain incinerators located at plants that meet the capacity specifications in par. (a) combusting municipal solid waste other than yard waste are subject to all provisions of this section. NR 440.216(1)(m)(m) Pyrolysis or combustion units that are an integrated part of a plastics or rubber recycling unit, as defined in sub. (2), are not subject to this section if the owner or operator of the plastics or rubber recycling unit keeps records of the weight of plastics, rubber and rubber tires processed on a calendar quarter basis; the weight of chemical plant feedstocks and petroleum refinery feedstocks produced and marketed on a calendar quarter basis; and the name and address of the purchaser of the feedstocks. The combustion of 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 are not subject to this section. NR 440.216(1)(p)(p) Cement kilns firing municipal solid waste are not subject to this section. NR 440.216(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 440.216(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 burning occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor. NR 440.216(2)(am)(am) “Batch municipal waste combustor” means a municipal waste combustor unit designed so that 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 while combustion is occurring. NR 440.216(2)(b)(b) “Bubbling fluidized bed combustor” means a fluidized bed combustor in which the majority of the bed material remains in a fluidized state in the primary combustion zone. NR 440.216(2)(bm)(bm) “Calendar quarter” means a consecutive 3-month period, nonoverlapping, beginning on January 1, April 1, July 1, and October 1. NR 440.216(2)(c)(c) “Chief facility operator” means the person in direct charge and control of the operation of a municipal waste combustor and who is responsible for daily onsite supervision, technical direction, management and overall performance of the facility. NR 440.216(2)(d)(d) “Circulating fluidized bed combustor” means a fluidized bed combustor in which the majority of the fluidized bed material is carried out of the primary combustion zone and is transported back to the primary zone through a recirculation loop. NR 440.216(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, construction, renovation and demolition wastes, including railroad ties and telephone poles, which are exempt from the definition of municipal solid waste. NR 440.216(2)(e)(e) “Cofired combustor” means a unit combusting municipal solid waste with nonmunicipal solid waste fuel, for example, coal or industrial process waste, and subject to a federally enforceable permit limiting the unit to combusting a fuel feed stream, 30% or less of the weight of which is comprised, in aggregate, of municipal solid waste as measured on a calendar quarter basis. NR 440.216(2)(em)(em) “Continuous emission monitoring system” means a monitoring system for continuously measuring the emissions of a pollutant from an affected facility. NR 440.216(2)(f)(f) “Dioxin/furan” means tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans. NR 440.216(2)(fm)(fm) “First calendar half” means the period starting on January 1 and ending on June 30 in any year. NR 440.216(2)(g)(g) “Four-hour block average” or “4-hour block average” means the average of all hourly emission concentrations when the affected facility is operating and combusting municipal solid waste measured over 4-hour periods of time from 12:00 midnight to 4 a.m., 4 a.m. to 8 a.m., 8 a.m. to 12:00 noon, 12:00 noon to 4 p.m., 4 p.m. to 8 p.m. and 8 p.m. to 12:00 midnight. NR 440.216(2)(gm)(gm) “Mass burn refractory municipal waste combustor” means a field-erected combustor that combusts municipal solid waste in a refractory wall furnace. Unless otherwise specified, this includes combustors with a cylindrical rotary refractory wall furnace. NR 440.216(2)(h)(h) “Mass burn rotary waterwall municipal waste combustor” means a field-erected combustor that combusts municipal solid waste in a cylindrical rotary waterwall furnace or on a tumbling-tile grate. NR 440.216(2)(hm)(hm) “Mass burn waterwall municipal waste combustor” means a field-erected combustor that combusts municipal solid waste in a waterwall furnace. NR 440.216(2)(i)(i) “Materials separation plan” means a plan that identifies both a goal and an approach to separate 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 elements such as drop-off facilities, buy-back or deposit-return incentives, curbside pickup programs or centralized mechanical separation systems. A materials separation plan may include different goals or approaches for different subareas in the service area, and may include no materials separation activities for certain subareas or, if warranted, an entire service area. NR 440.216(2)(im)(im) “Maximum demonstrated municipal waste combustor unit load” means the highest 4-hour arithmetic average municipal waste combustor unit load achieved during 4 consecutive hours during the most recent dioxin/furan performance test demonstrating compliance with the applicable limit for municipal waste combustor organics specified under sub. (5). NR 440.216(2)(j)(j) “Maximum demonstrated particulate matter control device temperature” means the highest 4-hour arithmetic average flue gas temperature measured at the particulate matter control device inlet during 4 consecutive hours during the most recent dioxin/furan performance test demonstrating compliance with the applicable limit for municipal waste combustor organics specified under sub. (5). NR 440.216(2)(jm)(jm) “Modification” or “modified municipal waste combustor unit” means a municipal waste combustor unit to which changes have been made after June 19, 1996 if the cumulative cost of the changes, over the life of the unit, exceed 50% of the original cost of 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 the municipal waste combustor unit or change in the method of operation of the municipal waste combustor unit which increases the amount of any air pollutant emitted by the unit for which standards have been established under section 129 or section 111 of the Act (42 USC 7429 or 7411). Increases in the amount of any air pollutant emitted by the municipal waste combustor unit are determined at 100% physical load capability and downstream of all air pollution control devices, with no consideration given for load restrictions based on permits or other nonphysical operational restrictions. NR 440.216(2)(k)(k) “Modular excess-air municipal waste combustor” means a combustor that combusts municipal solid waste and that 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 440.216(2)(km)(km) “Modular starved-air municipal waste combustor” means a combustor that combusts municipal solid waste and that is not field-erected and has multiple combustion chambers in which the primary combustion chamber is designed to operate at substoichiometric conditions. NR 440.216(2)(L)(L) “Municipal solid waste” or “municipal-type solid waste” or “MSW” means household, commercial or retail, and institutional waste. Household waste includes material discarded by single and multiple residential dwellings, hotels, motels and other similar permanent or temporary housing establishments or facilities. 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 material discarded by schools, nonmedical waste discarded by hospitals, material discarded by nonmanufacturing activities at prisons and government facilities and material discarded by other similar establishments or facilities. Household, commercial or retail and institutional waste does not include used oil; sewage sludge; wood pallets; construction, renovation and demolition wastes, which includes but is not limited to railroad ties and telephone poles; clean wood; industrial process or manufacturing wastes; medical waste; or motor vehicles, including motor vehicle parts or vehicle fluff. Household, commercial or retail and institutional wastes include yard waste, refuse-derived fuel and motor vehicle maintenance materials limited to vehicle batteries and tires except as specified in sub. (1) (g). NR 440.216(2)(Lm)(Lm) “Municipal waste combustor”, “MWC” or “municipal waste combustor unit” means any setting or equipment that combusts solid, liquid or gasified municipal solid waste including field-erected incinerators, with or without heat recovery; modular incinerators, starved-air or excess-air; boilers, that is, steam generating units; furnaces, whether suspension-fired, grate-fired, mass-fired, air curtain incinerators or fluidized bed-fired; and pyrolysis or combustion units. Municipal waste combustors do not include pyrolysis or combustion units located at a plastics or rubber recycling unit as specified in sub. (1) (m). Municipal waste combustors do not include cement kilns firing municipal solid waste. Municipal waste combustors do not include internal combustion engines, gas turbines or other combustion devices that combust landfill gases collected by landfill gas collection systems. The boundaries of a municipal solid waste combustor are defined as follows:
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