Chapter NR 440

4) The dates that the public comment period on the siting analyses and final draft materials separation plan begins and ends.

NR 440.216(11)(b)4. 4. The owner or operator shall conduct a public meeting and accept comments on the siting analysis and the final draft materials separation plan required under par. (a) 5. The public meeting shall be conducted in the county where the affected facility is to be located and shall be scheduled to occur 30 days or more after making the siting analysis available to the public as specified under subd. 3.

NR 440.216(11)(b)5. 5. The owner or operator shall prepare responses to the comments on the siting analysis and the final draft materials separation plan that are received at the public meeting.

NR 440.216(11)(b)6. 6. The owner or operator shall make the document summarizing responses to public comments available to the public, including distribution to all public libraries, in the service area where the affected facility is to be located.

NR 440.216(11)(b)7. 7. As required under sub. (13) (b) 5., the owner or operator shall submit a copy of the notification of the public meeting, a transcript of the public meeting, the document summarizing responses to public comments, and the siting analysis as part of the initial notification of construction.

NR 440.216(11)(c) (c) The owner or operator of an affected facility for which construction is commenced after September 20, 1994 shall prepare a siting analysis in accordance with ch. NR 405 or 408, as applicable, and shall submit the siting analysis as part of the initial notification of construction. Affected facilities subject to pars. (a) and (b) are not subject to this paragraph.

NR 440.216(12) (12) Compliance and performance testing.

NR 440.216(12)(a) (a)

NR 440.216(12)(a)1. 1. Except as provided by sub. (10), the standards under this section apply at all times except during periods of startup, shutdown and malfunction. Duration of startup, shutdown or malfunction periods are limited to 3 hours per occurrence, except as provided in subd. 1. c.

NR 440.216(12)(a)1.a. a. The startup period commences when the affected facility begins the continuous burning of municipal solid waste and does not include any warmup period when the affected facility is combusting fossil fuel or other nonmunicipal solid waste fuel and no municipal solid waste is being fed to the combustor.

NR 440.216(12)(a)1.b. b. Continuous burning is the continuous, semicontinuous or batch feeding of municipal solid waste for purposes of waste disposal, energy production or providing heat to the combustion system in preparation for waste disposal or energy production. The use of municipal solid waste solely to provide thermal protection of the grate or hearth during the startup period when municipal solid waste is not being fed to the grate is not considered to be continuous burning.

NR 440.216(12)(a)1.c. c. For the purpose of compliance with the carbon monoxide emission limits in sub. (7) (a), if a loss of boiler water level control, for example, boiler waterwall tube failure, or a loss of combustion air control, for example, loss of combustion air fan, induced draft fan or combustion grate bar failure, is determined to be a malfunction, the duration of the malfunction period is limited to 15 hours per occurrence.

NR 440.216(12)(a)2. 2. The opacity limits for air curtain incinerators specified in sub. (10) apply at all times as specified under sub. (10) except during periods of malfunction. Duration of malfunction periods are limited to 3 hours per occurrence.

NR 440.216(12)(b) (b) The owner or operator of an affected facility shall install, calibrate, maintain and operate a continuous emission monitoring system and record the output of the system for measuring the oxygen or carbon dioxide content of the flue gas at each location where carbon monoxide, sulfur dioxide or nitrogen oxides emissions are monitored and shall comply with the following test procedures and test methods:

NR 440.216(12)(b)1. 1. The span value of the oxygen (or 20% carbon dioxide) monitor shall be 25% oxygen (or 20% carbon dioxide).

NR 440.216(12)(b)2. 2. The monitor shall be installed, evaluated and operated in accordance with s. NR 440.13.

NR 440.216(12)(b)3. 3. The initial performance evaluation shall be completed no later than 180 days after the date of initial startup of the affected facility, as specified under s. NR 440.08.

NR 440.216(12)(b)4. 4. The monitor shall conform to Performance Specification 3 in Appendix B of 40 CFR part 60, incorporated by reference in s. NR 440.17 (1), except for section 2.3, relative accuracy requirement.

NR 440.216(12)(b)5. 5. The quality assurance procedures of Appendix F of 40 CFR part 60, incorporated by reference in s. NR 440.17 (1), except for section 5.1.1, relative accuracy test audit, shall apply to the monitor.

NR 440.216(12)(b)6. 6. If carbon dioxide is selected for use in diluent corrections, the relationship between oxygen and carbon dioxide levels shall be established during the initial performance test according to the procedures and methods specified in subd. 6. a. to d. This relationship may be reestablished during performance compliance tests.

NR 440.216(12)(b)6.a. a. The fuel factor equation in Method 3B of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), shall be used to determine the relationship between oxygen and carbon dioxide at a sampling location. Method 3, 3A or 3B of 40 CFR part 60, Appendix A, as applicable, shall be used to determine the oxygen concentration at the same location as the carbon dioxide monitor.

NR 440.216(12)(b)6.b. b. Samples shall be taken for at least 30 minutes in each hour.

NR 440.216(12)(b)6.c. c. Each sample shall represent a 1-hour average.

NR 440.216(12)(b)6.d. d. A minimum of 3 runs shall be performed.

NR 440.216(12)(b)7. 7. The relationship between carbon dioxide and oxygen concentrations that is established in accordance with subd. 6. shall be submitted to the department as part of the initial performance test report and, if applicable, as part of the annual test report if the relationship is reestablished during the annual performance test.

NR 440.216(12)(c) (c) The procedures and test methods specified in subds. 1. to 11. shall be used to determine compliance with the emission limits for particulate matter and opacity under sub. (3) (a) and (b).

NR 440.216(12)(c)1. 1. Method 1 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), shall be used to select sampling site and number of traverse points.

NR 440.216(12)(c)2. 2. Method 3, 3A or 3B of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), as applicable, shall be used for gas analysis.

NR 440.216(12)(c)3. 3. Method 5 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), shall be used for determining compliance with the particulate matter emission limit. The minimum sample volume shall be 1.7 cubic meters. The probe and filter holder heating systems in the sample train shall be set to provide a gas temperature no greater than 160 ± 14°C (320 ± 25°F). An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 5 run.

NR 440.216(12)(c)4. 4. The owner or operator of an affected facility may request that compliance with the particulate matter emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7% oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in par. (b) 6.

NR 440.216(12)(c)5. 5. As specified under s. NR 440.08, all performance tests shall consist of 3 test runs. The average of the particulate matter emission concentrations from the 3 test runs shall be used to determine compliance.

NR 440.216(12)(c)6. 6. In accordance with subds. 7. and 11., Method 9 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), shall be used for determining compliance with the opacity limit except as provided under s. NR 440.11 (5).

NR 440.216(12)(c)7. 7. The owner or operator of an affected facility shall conduct an initial performance test for particulate matter emissions and opacity as required under s. NR 440.08.

NR 440.216(12)(c)8. 8. The owner or operator of an affected facility shall install, calibrate, maintain and operate a continuous opacity monitoring system for measuring opacity and shall comply with the following methods and procedures:

NR 440.216(12)(c)8.a. a. The output of the continuous opacity monitoring system shall be recorded on a 6-minute average basis.

NR 440.216(12)(c)8.b. b. The continuous opacity monitoring system shall be installed, evaluated and operated in accordance with s. NR 440.13.

NR 440.216(12)(c)8.c. c. The continuous opacity monitoring system shall conform to Performance Specification 1 in Appendix B of 40 CFR part 60, incorporated by reference in s. NR 440.17 (1).

NR 440.216(12)(c)8.d. d. The initial performance evaluation shall be completed no later than 180 days after the date of the initial startup of the municipal waste combustor unit, as specified under s. NR 440.08.

NR 440.216(12)(c)9. 9. Following the date that the initial performance test for particulate matter is completed or is required to be completed under s. NR 440.08 for an affected facility, the owner or operator shall conduct a performance test for particulate matter on an annual basis, no more than 12 calendar months following the previous performance test.

NR 440.216(12)(c)11. 11. Following the date that the initial performance test for opacity is completed or is required to be completed under s. NR 440.08 for an affected facility, the owner or operator shall conduct a performance test for opacity on an annual basis, no more than 12 calendar months following the previous performance test, using the test method specified in subd. 6.

NR 440.216(12)(d) (d) The procedures and test methods specified in this paragraph shall be used to determine compliance with the emission limits for cadmium, lead and mercury under sub. (3) (c) to (e):

NR 440.216(12)(d)1. 1. The following procedures and test methods shall be used to determine compliance with the emission limits for cadmium and lead under sub. (3) (c) and (d):

NR 440.216(12)(d)1.a. a. Method 1 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), shall be used for determining the location and number of sampling points.

NR 440.216(12)(d)1.b. b. Method 3, 3A or 3B of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), as applicable, shall be used for flue gas analysis.

NR 440.216(12)(d)1.c. c. Method 29 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), shall be used for determining compliance with the cadmium and lead emission limits.

NR 440.216(12)(d)1.d. d. An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 29 test run for cadmium and lead required under subd. 1. c.

NR 440.216(12)(d)1.e. e. The owner or operator of an affected facility may request that compliance with the cadmium or lead emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7% oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in par. (b) 6.

NR 440.216(12)(d)1.f. f. All performance tests shall consist of a minimum of 3 test runs conducted under representative full load operating conditions. The average of the cadmium or lead emission concentrations from 3 test runs or more shall be used to determine compliance.

NR 440.216(12)(d)1.g. g. Following the date of the initial performance test or the date on which the initial performance test is required to be completed under s. NR 440.08, the owner or operator of an affected facility shall conduct a performance test for compliance with the emission limits for cadmium and lead on an annual basis, no more than 12 calendar months following the previous performance test.

NR 440.216(12)(d)2. 2. The following procedures and test methods shall be used to determine compliance with the mercury emission limit under sub. (3) (e):

NR 440.216(12)(d)2.a. a. Method 1 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), shall be used for determining the location and number of sampling points.

NR 440.216(12)(d)2.b. b. Method 3, 3A or 3B of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), as applicable, shall be used for flue gas analysis.

NR 440.216(12)(d)2.c. c. Method 29 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), shall be used to determine the mercury emission concentration. The minimum sample volume when using Method 29 for mercury shall be 1.7 cubic meters.

NR 440.216(12)(d)2.d. d. An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 29 test run for mercury required under subd. 2. c.

NR 440.216(12)(d)2.e. e. The percent reduction in the potential mercury emissions (%PHg) shall be computed using the following equation:

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è

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where:

%PHg is the percent reduction of the potential mercury emissions achieved

Ei is the potential mercury emission concentration measured at the control device inlet, corrected to 7% oxygen, dry basis

Eo is the controlled mercury emission concentration measured at the mercury control device outlet, corrected to 7% oxygen, dry basis

NR 440.216(12)(d)2.f. f. All performance tests shall consist of a minimum of 3 test runs conducted under representative full load operating conditions. The average of the mercury emission concentrations or percent reductions from 3 test runs or more shall be used to determine compliance.

NR 440.216(12)(d)2.g. g. The owner or operator of an affected facility may request that compliance with the mercury emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7% oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in par. (b) 6.

NR 440.216(12)(d)2.h. h. The owner or operator of an affected facility shall conduct an initial performance test for mercury emissions as required under s. NR 440.08.

NR 440.216(12)(d)2.i. i. Following the date that the initial performance test for mercury is completed or is required to be completed under s. NR 440.08, the owner or operator of an affected facility shall conduct a performance test for mercury emissions on a annual basis, no more than 12 calendar months following the previous performance test.

NR 440.216(12)(d)2.k. k. The owner or operator of an affected facility where activated carbon injection is used to comply with the mercury emission limit shall follow the procedures specified in par. (m) for measuring and calculating carbon usage.

NR 440.216(12)(e) (e) The following procedures and test methods shall be used for determining compliance with the sulfur dioxide emission limit under sub. (4) (a):

NR 440.216(12)(e)1. 1. Section 4.3 of Method 19 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), shall be used to calculate the daily geometric average sulfur dioxide emission concentration.

NR 440.216(12)(e)2. 2. Section 5.4 of Method 19 shall be used to determine the daily geometric average percent reduction in the potential sulfur dioxide emission concentration.

NR 440.216(12)(e)3. 3. The owner or operator of an affected facility may request that compliance with the sulfur dioxide emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7% oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in par. (b) 6.

NR 440.216(12)(e)4. 4. The owner or operator of an affected facility shall conduct an initial performance test for sulfur dioxide emissions as required under s. NR 440.08. Compliance with the sulfur dioxide emission limit, concentration or percent reduction, shall be determined by using the continuous emission monitoring system specified in subd. 5. to measure sulfur dioxide and calculating a 24-hour daily geometric average emission concentration or a 24-hour daily geometric average percent reduction using Method 19, sections 4.3 and 5.4, as applicable.

NR 440.216(12)(e)5. 5. The owner or operator of an affected facility shall install, calibrate, maintain and operate a continuous emission monitoring system for measuring sulfur dioxide emissions discharged to the atmosphere and record the output of the system.

NR 440.216(12)(e)6. 6. Following the date that the initial performance test for sulfur dioxide is completed or is required to be completed under s. NR 440.08, compliance with the sulfur dioxide emission limit shall be determined based on the 24-hour daily geometric average of the hourly arithmetic average emission concentrations using continuous emission monitoring system outlet data if compliance is based on an emission concentration, or continuous emission monitoring system inlet and outlet data if compliance is based on a percent reduction.

NR 440.216(12)(e)7. 7. At a minimum, valid continuous monitoring system hourly averages shall be obtained as follows for 75% of the operating hours per day for 90% of the operating days per calendar quarter that the affected facility is combusting municipal solid waste:

NR 440.216(12)(e)7.a. a. At least 2 data points per hour shall be used to calculate each 1-hour arithmetic average.

NR 440.216(12)(e)7.b. b. Each sulfur dioxide 1-hour arithmetic average shall be corrected to 7% oxygen on an hourly basis using the 1-hour arithmetic average of the oxygen or carbon dioxide continuous emission monitoring system data.

NR 440.216(12)(e)8. 8. The 1-hour arithmetic averages required under subd. 6. shall be expressed in parts per million corrected to 7% oxygen, dry basis, and used to calculate the 24-hour daily geometric average emission concentrations and daily geometric average emission percent reductions. The 1-hour arithmetic averages shall be calculated using the data points required under s. NR 440.13 (5) (b).

NR 440.216(12)(e)9. 9. All valid continuous emission monitoring system data shall be used in calculating average emission concentrations and percent reductions even if the minimum continuous emission monitoring system data requirements of subd. 7. are not met.

NR 440.216(12)(e)10. 10. The procedures under s. NR 440.13 shall be followed for installation, evaluation and operation of the continuous emission monitoring system.

NR 440.216(12)(e)11. 11. The initial performance evaluation shall be completed no later than 180 days after the date of initial startup of the municipal waste combustor as specified under s. NR 440.08.

NR 440.216(12)(e)12. 12. The continuous emission monitoring system shall be operated according to Performance Specification 2 of 40 CFR part 60, Appendix B, incorporated by reference in s. NR 440.17 (1).

NR 440.216(12)(e)12.a. a. During each relative accuracy test run of the continuous emission monitoring system required by Performance Specification 2, sulfur dioxide and oxygen or carbon dioxide data shall be collected concurrently, or within a 30 to 60 minute period, by both the continuous emission monitors and the following test methods:

1) For sulfur dioxide, Method 6, 6A or 6C of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), shall be used.

2) For oxygen or carbon dioxide, Method 3, 3A or 3B of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), as applicable, shall be used.

NR 440.216(12)(e)12.b. b. The span value of the continuous emissions monitoring system at the inlet to the sulfur dioxide control device shall be 125% of the maximum estimated hourly potential sulfur dioxide emissions of the municipal waste combustor unit. The span value of the continuous emission monitoring system at the outlet of the sulfur dioxide control device shall be 50% of the maximum estimated hourly potential sulfur dioxide emissions of the municipal waste combustor unit.

NR 440.216(12)(e)13. 13. Quarterly accuracy determinations and daily calibration drift tests shall be performed in accordance with Procedure 1 in 40 CFR part 60, Appendix F, incorporated by reference in s. NR 440.17 (1).

NR 440.216(12)(e)14. 14. When sulfur dioxide emissions data are not obtained because of continuous emission monitoring system breakdowns, repairs, calibration checks and zero and span adjustments, emissions data shall be obtained by using other monitoring systems as approved by the department or Method 19 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), to provide, as necessary, valid emissions data for a minimum of 75% of the hours per day that the affected facility is operated and combusting municipal solid waste for 90% of the days per calendar quarter that the affected facility is operated and combusting municipal solid waste.

NR 440.216(12)(f) (f) The following procedures and test methods shall be used for determining compliance with the hydrogen chloride emission limit under sub. (4) (b):

NR 440.216(12)(f)1. 1. Method 26 or 26A of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), as applicable, shall be used to determine the hydrogen chloride emission concentration. The minimum sampling time shall be one hour.

NR 440.216(12)(f)2. 2. An oxygen or carbon dioxide measurement shall be obtained simultaneously with each test run for hydrogen chloride required by subd. 1.