Chapter NR 440

NR 440.218(7)(e)3. 3. Operation of the affected facility above the maximum charge rate and below the minimum hydrogen chloride sorbent flow rate, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the hydrogen chloride emission limit.

NR 440.218(7)(e)4. 4. Operation of the affected facility above the maximum charge rate and below the minimum mercury sorbent flow rate, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the mercury emission limit.

NR 440.218(7)(e)5. 5. Use of the bypass stack, except during startup, shutdown or malfunction, shall constitute a violation of the particulate matter, dioxin/furan, hydrogen chloride, lead, cadmium and mercury emission limits.

NR 440.218(7)(f) (f) Except as provided in par. (h), the following shall constitute a violation of the emission limit indicated for affected facilities equipped with a wet scrubber:

NR 440.218(7)(f)1. 1. Operation of the affected facility above the maximum charge rate and below the minimum pressure drop across the wet scrubber or below the minimum horsepower or amperage to the system, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the particulate matter emission limit.

NR 440.218(7)(f)2. 2. Operation of the affected facility above the maximum charge rate and below the minimum secondary chamber temperature, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the carbon monoxide emission limit.

NR 440.218(7)(f)3. 3. Operation of the affected facility above the maximum charge rate, below the minimum secondary chamber temperature, and below the minimum scrubber liquor flow rate, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the dioxin/furan emission limit.

NR 440.218(7)(f)4. 4. Operation of the affected facility above the maximum charge rate and below the minimum scrubber liquor pH, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the hydrogen chloride emission limit.

NR 440.218(7)(f)5. 5. Operation of the affected facility above the maximum flue gas temperature and above the maximum charge rate, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the mercury emission limit.

NR 440.218(7)(f)6. 6. Use of the bypass stack, except during startup, shutdown or malfunction, shall constitute a violation of the particulate matter, dioxin/furan, hydrogen chloride, lead, cadmium and mercury emission limits.

NR 440.218(7)(g) (g) Except as provided in par. (h), the following shall constitute a violation of the emission limit indicated for affected facilities equipped with a dry scrubber followed by a fabric filter and a wet scrubber:

NR 440.218(7)(g)1. 1. Operation of the affected facility above the maximum charge rate and below the minimum secondary chamber temperature, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the carbon monoxide emission limit.

NR 440.218(7)(g)2. 2. Operation of the affected facility above the maximum fabric filter inlet temperature, above the maximum charge rate, and below the minimum dioxin/furan sorbent flow rate, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the dioxin/furan emission limit.

NR 440.218(7)(g)3. 3. Operation of the affected facility above the maximum charge rate and below the minimum scrubber liquor pH, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the hydrogen chloride emission limit.

NR 440.218(7)(g)4. 4. Operation of the affected facility above the maximum charge rate and below the minimum mercury sorbent flow rate, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the mercury emission limit.

NR 440.218(7)(g)5. 5. Use of the bypass stack, except during startup, shutdown or malfunction, shall constitute a violation of the particulate matter, dioxin/furan, hydrogen chloride, lead, cadmium and mercury emission limits.

NR 440.218(7)(h) (h) The owner or operator of an affected facility may conduct a repeat performance test within 30 days of violation of an applicable operating parameter to demonstrate that the affected facility is not in violation of the applicable emission limits. Repeat performance tests conducted pursuant to this paragraph shall be conducted using the identical operating parameters that indicated a violation under par. (e), (f) or (g).

NR 440.218(7)(i) (i) The owner or operator of an affected facility using an air pollution control device other than a dry scrubber followed by a fabric filter, a wet scrubber, or a dry scrubber followed by a fabric filter and a wet scrubber to comply with the emission limits under sub. (3) shall petition the administrator for other site-specific operating parameters to be established during the initial performance test and continuously monitored thereafter. The owner or operator may not conduct the initial performance test until after the petition has been approved by the administrator.

NR 440.218(7)(j) (j) The owner or operator of an affected facility may conduct a repeat performance test at any time to establish new values for the operating parameters. The department may request a repeat performance test at any time.

NR 440.218(8) (8) Monitoring requirements.

NR 440.218(8)(a) (a) The owner or operator of an affected facility shall install, calibrate to manufacturers’ specifications, maintain and operate devices, or establish methods, for monitoring the applicable maximum and minimum operating parameters listed in Table 3 such that these devices or methods measure and record values for these operating parameters at the frequencies indicated in Table 3 at all times except during periods of startup and shutdown.

NR 440.218(8)(b) (b) The owner or operator of an affected facility shall install, calibrate to manufacturers’ specifications, maintain and operate a device, or establish a method, for measuring the use of the bypass stack including date, time and duration.

NR 440.218(8)(c) (c) The owner or operator of an affected facility using something other than a dry scrubber followed by a fabric filter, a wet scrubber, or a dry scrubber followed by a fabric filter and a wet scrubber to comply with the emission limits under sub. (3) shall install, calibrate to the manufacturers’ specifications, maintain and operate the equipment necessary to monitor the site-specific operating parameters developed pursuant to sub. (7) (i).

NR 440.218(8)(d) (d) The owner or operator of an affected facility shall obtain monitoring data at all times during HMIWI operation except during periods of monitoring equipment malfunction, calibration or repair. At a minimum, valid monitoring data shall be obtained for 75% of the operating hours per day and for 90% of the operating days per calendar quarter that the affected facility is combusting hospital waste, medical/infectious waste or both.

NR 440.218(9) (9) Reporting and recordkeeping requirements.

NR 440.218(9)(a) (a) The owner or operator of an affected facility shall submit notifications, as provided by s. NR 440.07. In addition, the owner or operator shall submit the following information:

NR 440.218(9)(a)1. 1. Prior to commencement of construction, all of the following:

NR 440.218(9)(a)1.a. a. A statement of intent to construct.

NR 440.218(9)(a)1.b. b. The anticipated date of commencement of construction.

NR 440.218(9)(a)1.c. c. All documentation produced as a result of the siting requirements of sub. (5).

NR 440.218(9)(a)2. 2. Prior to initial startup, all of the following:

NR 440.218(9)(a)2.a. a. The types of waste to be combusted.

NR 440.218(9)(a)2.b. b. The maximum design waste burning capacity.

NR 440.218(9)(a)2.c. c. The anticipated maximum charge rate.

NR 440.218(9)(a)2.d. d. If applicable, the petition for site-specific operating parameters under sub. (7) (i).

NR 440.218(9)(b) (b) The owner or operator of an affected facility shall maintain the following information, as applicable, for a period of at least 5 years:

NR 440.218(9)(b)1. 1. Calendar date of each record.

NR 440.218(9)(b)2. 2. Records of the following data:

NR 440.218(9)(b)2.a. a. Concentrations of any pollutant listed in sub. (3) or measurements of opacity as determined by the continuous emission monitoring system, if applicable.

NR 440.218(9)(b)2.b. b. Results of fugitive emissions tests by Method 22 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), if applicable.

NR 440.218(9)(b)2.c. c. HMIWI charge dates, times, and weights and hourly charge rates.

NR 440.218(9)(b)2.d. d. Fabric filter inlet temperatures during each minute of operation, as applicable.

NR 440.218(9)(b)2.e. e. Amount and type of dioxin/furan sorbent used during each hour of operation, as applicable.

NR 440.218(9)(b)2.f. f. Amount and type of mercury sorbent used during each hour of operation, as applicable.

NR 440.218(9)(b)2.g. g. Amount and type of hydrogen chloride sorbent used during each hour of operation, as applicable.

NR 440.218(9)(b)2.h. h. Secondary chamber temperatures recorded during each minute of operation.

NR 440.218(9)(b)2.i. i. Liquor flow rate to the wet scrubber inlet during each minute of operation, as applicable.

NR 440.218(9)(b)2.j. j. Horsepower or amperage to the wet scrubber during each minute of operation, as applicable.

NR 440.218(9)(b)2.k. k. Pressure drop across the wet scrubber system during each minute of operation, as applicable.

NR 440.218(9)(b)2.L. L. Temperature at the outlet from the wet scrubber during each minute of operation, as applicable.

NR 440.218(9)(b)2.m. m. pH at the inlet to the wet scrubber during each minute of operation, as applicable.

NR 440.218(9)(b)2.n. n. Records indicating use of the bypass stack, including dates, times and durations.

NR 440.218(9)(b)2.o. o. For affected facilities complying with subs. (7) (i) and (8) (c), records of all operating parameter data collected.

NR 440.218(9)(b)3. 3. Identification of calendar days for which data on emission rates or operating parameters specified under subd. 2. have not been obtained, with an identification of the emission rates or operating parameters not measured, reasons for not obtaining the data and a description of corrective actions taken.

NR 440.218(9)(b)4. 4. Identification of calendar days, times and durations of malfunctions, a description of the malfunction and the corrective action taken.

NR 440.218(9)(b)5. 5. Identification of calendar days for which data on emission rates or operating parameters specified under subd. 2. exceeded the applicable limits, with a description of the exceedances, reasons for the exceedances, and a description of corrective actions taken.

NR 440.218(9)(b)6. 6. The results of the initial, annual and any subsequent performance tests conducted to determine compliance with the emission limits or to establish operating parameters, as applicable.

NR 440.218(9)(b)7. 7. All documentation produced as a result of the siting requirements of sub. (5).

NR 440.218(9)(b)8. 8. Records showing the names of HMIWI operators who have completed review of the information in sub. (4) (h) as required by sub. (4) (i), including the date of the initial review and all subsequent annual reviews.

NR 440.218(9)(b)9. 9. Records showing the names of the HMIWI operators who have completed the operator training requirements, including documentation of training and the dates of the training.

NR 440.218(9)(b)10. 10. Records showing the names of the HMIWI operators who have met the criteria for qualification under sub. (4) and the dates of their qualification.

NR 440.218(9)(b)11. 11. Records of calibration of any monitoring devices as required under sub. (8) (a), (b) and (c).

NR 440.218(9)(c) (c) The owner or operator of an affected facility shall submit the information specified in subds. 1. to 3. no later than 60 days following the initial performance test. All reports shall be signed by the facility’s manager. The information to be submitted is as follows:

NR 440.218(9)(c)1. 1. The initial performance test data as recorded under sub. (7) (b) 1. to 12., as applicable.

NR 440.218(9)(c)2. 2. The values for the site-specific operating parameters established pursuant to sub. (7) (d) or (i), as applicable.

NR 440.218(9)(c)3. 3. The waste management plan as specified in sub. (6).

NR 440.218(9)(d) (d) An annual report shall be submitted one year following the submission of the information in par. (c) and subsequent reports shall be submitted no more than 12 months following the previous report, except that once the unit is subject to permitting requirements under ch. NR 407, the owner or operator of an affected facility shall submit these reports semiannually. The annual report shall be signed by the facility’s manager and shall include all of the following information:

NR 440.218(9)(d)1. 1. The values for the site-specific operating parameters established pursuant to sub. (7) (d) or (i), as applicable.

NR 440.218(9)(d)2. 2. The highest maximum operating parameter and the lowest minimum operating parameter, as applicable, for each operating parameter recorded for the calendar year being reported, pursuant to sub. (7) (d) or (i), as applicable.

NR 440.218(9)(d)3. 3. The highest maximum operating parameter and the lowest minimum operating parameter, as applicable, for each operating parameter recorded pursuant to sub. (7) (d) or (i) for the calendar year preceding the year being reported, in order to provide the department with a summary of the performance of the affected facility over a 2-year period.

NR 440.218(9)(d)4. 4. Any information recorded under par. (b) 3. to 5. for the calendar year being reported.

NR 440.218(9)(d)5. 5. Any information recorded under par. (b) 3. to 5. for the calendar year preceding the year being reported, in order to provide the department with a summary of the performance of the affected facility over a 2-year period.

NR 440.218(9)(d)6. 6. If a performance test was conducted during the reporting period, the results of that test.

NR 440.218(9)(d)7. 7. If no exceedances or malfunctions were reported under par. (b) 3. to 5. for the calendar year being reported, a statement that no exceedances occurred during the reporting period.

NR 440.218(9)(d)8. 8. Any use of the bypass stack, the duration, reason for malfunction and corrective action taken.

NR 440.218(9)(e) (e) The owner or operator of an affected facility shall submit semiannual reports containing any information recorded under par. (b) 3. to 5. no later than 60 days following the reporting period. The first semiannual reporting period ends 6 months following the submission of information in par. (c). Subsequent reports shall be submitted no later than 6 calendar months following the previous report. All reports shall be signed by the facilities manager.

NR 440.218(9)(f) (f) All records specified under par. (b) shall be maintained onsite in either paper copy or computer-readable format, unless an alternative format is approved by the department.

NR 440.218 History History: CR 06-109: cr. Register May 2008 No. 629, eff. 6-1-08.

NR 440.22 NR 440.22 Portland cement plants.

NR 440.22(1) (1) Applicability and designation of affected facility.

NR 440.22(1)(a) (a) The provisions of this section are applicable to the following affected facilities in portland cement plants: Kiln, clinker cooler, raw mill system, finish mill system, raw mill dryer, raw material storage, clinker storage, finished product storage, conveyor transfer points, bagging and bulk loading and unloading systems.

NR 440.22(1)(b) (b) Any facility under par. (a) that commences construction or modification after August 17, 1971, is subject to the requirements of this section.

NR 440.22(2) (2) Definitions. As used in this section, terms not defined in this subsection have the meanings given in s. NR 440.02.

NR 440.22(2)(a) (a) “Portland cement plant” means any facility manufacturing portland cement by either the wet or dry process.

NR 440.22(2)(b) (b) “Bypass” means any system that prevents all or a portion of the kiln or clinker cooler exhaust gases from entering the main control device and ducts the gases through a separate control device. This does not include emergency systems designed to duct exhaust gases directly to the atmosphere in the event of a malfunction of any control device controlling kiln or clinker cooler emissions.

NR 440.22(2)(c) (c) “Bypass stack” means the stack that vents exhaust gases to the atmosphere from the bypass control device.

NR 440.22(2)(d) (d) “Monovent” means an exhaust configuration of a building or emission control device, for example a positive-pressure fabric filter, that extends the length of the structure and has a width very small in relation to its length, that is, length to width ratio is typically greater than 5:1. The exhaust may be an open vent with or without a roof, louvered vents or a combination of such features.

NR 440.22(3) (3) Standard for particulate matter.

NR 440.22(3)(a) (a) On and after the date on which the performance test required to be conducted by s. NR 440.08 is completed, no owner or operator subject to the provisions of this section may cause to be discharged into the atmosphere from any kiln any gases which: