This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
NR 440.77(2)(a)(a) “Agricultural waste” means vegetative agricultural materials such as nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice and wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and grounds, and other vegetative waste materials generated as a result of agricultural operations.
NR 440.77(2)(b)(b) “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. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor.
NR 440.77 NoteNote: Air curtain incinerators are not to be confused with conventional combustion devices with enclosed fireboxes and controlled air technology such as mass burn, modular and fluidized bed combustors.
NR 440.77(2)(c)(c) “Auxiliary fuel” means natural gas, liquified petroleum gas, fuel oil or diesel fuel.
NR 440.77(2)(cm)(cm) “Bag leak detection system” means an instrument that is capable of monitoring particulate matter loadings in the exhaust of a fabric filter (that is, baghouse) in order to detect bag failures. A bag leak detection system includes an instrument that operates on triboelectric, light scattering, light transmittance or other principle to monitor relative particulate matter loadings.
NR 440.77(2)(d)(d) “Calendar quarter” means 3 consecutive months, nonoverlapping, beginning on: January 1, April 1, July 1 or October 1.
NR 440.77(2)(e)(e) “Chemotherapeutic waste” means waste material resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.
NR 440.77(2)(f)(f) “Clean lumber” means wood or wood products that have been cut or shaped and include wet, air-dried and kiln-dried wood products. Clean 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 440.77(2)(g)(g) “Commercial and industrial solid waste incineration unit” or “CISWI unit” means any combustion device that combusts commercial and industrial waste, as defined in this subsection. A CISWI unit includes the commercial or industrial solid waste fuel feed system, grate system, flue gas system and bottom ash. The CISWI unit does not include air pollution control equipment or the stack. The CISWI unit starts at the commercial and industrial solid waste hopper, if applicable, and extends through the following 2 areas:
NR 440.77(2)(g)1.1. The combustion unit flue gas system, which ends immediately after the last combustion chamber.
NR 440.77(2)(g)2.2. 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 440.77(2)(h)(h) “Commercial and industrial waste” means solid waste combusted in an enclosed device using controlled flame combustion without energy recovery that is a distinct operating unit of any commercial or industrial facility (including field-erected, modular and custom built incineration units operating with starved or excess air) or solid waste combusted in an air curtain incinerator without energy recovery that is a distinct operating unit of any commercial or industrial facility.
NR 440.77(2)(i)(i) “Contained gaseous material” means gases that are in a container when that container is combusted.
NR 440.77(2)(im)(im) “Cyclonic barrel burner” means a combustion device for waste materials that is attached to a 55 gallon, open-head drum. The device consists of a lid, which fits onto and encloses the drum, and a blower that forces combustion air into the drum in a cyclonic manner to enhance the mixing of waste material and air.
NR 440.77(2)(j)(j) “Deviation” means any instance in which an affected source subject to this section, or an owner or operator of such a source, fails to meet any of the following:
NR 440.77(2)(j)1.1. Any requirement or obligation established by this section, including any emission limitation, operating limit or operator qualification and accessibility requirements.
NR 440.77(2)(j)2.2. Any term or condition that is adopted to implement an applicable requirement in this section and that is included in the operating permit for any affected source required to obtain such a permit.
NR 440.77(2)(j)3.3. Any emission limitation, operating limit or operator qualification and accessibility requirement in this section during startup, shutdown or malfunction, regardless of whether or not such failure is permitted by this section.
NR 440.77(2)(k)(k) “Dioxins/furans” means tetra- to octa- chlorinated dibenzo-p-dioxins and dibenzofurans.
NR 440.77(2)(L)(L) “Discard” means, for purposes of this section only, burned in an incineration unit without energy recovery.
NR 440.77(2)(Lm)(Lm) “Drum reclamation unit” means a unit that burns residues out of drums (e.g., 55 gallon drums) so that the drums can be reused.
NR 440.77(2)(m)(m) “Energy recovery” means the process of recovering thermal energy from combustion for useful purposes such as steam generation or process heating.
NR 440.77(2)(n)(n) “Fabric filter” means an add-on air pollution control device used to capture particulate matter by filtering gas streams through filter media, also known as a baghouse.
NR 440.77(2)(o)(o) “Low-level radioactive waste” means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. Low-level radioactive waste is not high-level radioactive waste, spent nuclear fuel or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC 2014 (e) (2)).
NR 440.77(2)(p)(p) “Modification” or “modified CISWI unit” means a CISWI unit you have changed later than June 1, 2001 and that meets one of the following 2 criteria:
NR 440.77(2)(p)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 CISWI unit (not including the cost of land) updated to current costs in dollars. To determine what systems are within the boundary of the CISWI unit used to calculate these costs, see the definition of CISWI unit.
NR 440.77(2)(p)2.2. Any physical change in the CISWI unit or change in the method of operating it that increases the amount of any air pollutant emitted for which section 129 or section 111 of the Act (42 USC 7429 or 7411) has established standards.
NR 440.77(2)(q)(q) “Part reclamation unit” means a unit that burns coatings off parts (e.g., tools or equipment) so that the parts can be reconditioned and reused.
NR 440.77(2)(r)(r) “Particulate matter” means total particulate matter emitted from CISWI units as measured by Method 5 or Method 29 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1).
NR 440.77(2)(rm)(rm) “Pathological waste” means waste material consisting of only human or animal remains, anatomical parts or tissue; the bags or containers used to collect and transport the waste material; and animal bedding, if applicable.
NR 440.77(2)(s)(s) “Rack reclamation unit” means a unit that burns the coatings off racks used to hold small items for application of a coating. The unit burns the coating overspray off the rack so the rack can be reused.
NR 440.77(2)(t)(t) “Reconstruction” means rebuilding a CISWI unit and meeting the following 2 criteria:
NR 440.77(2)(t)1.1. The reconstruction begins on or after June 1, 2001.
NR 440.77(2)(t)2.2. The cumulative cost of the construction over the life of the incineration unit exceeds 50% of the original cost of building and installing the CISWI unit (not including land) updated to current costs in dollars. To determine what systems are within the boundary of the CISWI unit used to calculate these costs, see the definition of CISWI unit.
NR 440.77(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 440.77(2)(u)1.1. Low-density fluff refuse-derived fuel through densified refuse-derived fuel.
NR 440.77(2)(u)2.2. Pelletized refuse-derived fuel.
NR 440.77(2)(um)(um) “Shutdown” means the period of time after all waste has been combusted in the primary chamber.
NR 440.77(2)(v)(v) “Solid waste” means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining or agricultural operations and from community activities. Solid waste does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended (33 USC 1342), or source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended (42 USC 2014). For purposes of this section only, solid waste does not include the waste burned in the 15 types of units described in sub. (1) (c).
NR 440.77(2)(w)(w) “Standard conditions”, when referring to units of measure, means a temperature of 68°F (20°C) and a pressure of one atmosphere (101.3 kilopascals).
NR 440.77(2)(x)(x) “Startup period” means the period of time between the activation of the system and the first charge to the unit.
NR 440.77(2)(xm)(xm) “Wet scrubber” means an add-on air pollution control device that utilizes an aqueous or alkaline scrubbing liquor to collect particulate matter, including nonvaporous metals and condensed organics, or to absorb and neutralize acid gases or both.
NR 440.77(2)(y)(y) “Wood waste” means untreated wood and untreated wood products including whole or chipped tree stumps, trees, whole or chipped tree limbs, bark, sawdust, chips, scraps, slabs, millings and shavings. Wood waste does not include any of the following:
NR 440.77(2)(y)1.1. Grass, grass clippings, bushes, shrubs and clippings from bushes and shrubs from residential, commercial or retail, institutional or industrial sources as part of maintaining yards or other private or public lands.
NR 440.77(2)(y)2.2. Construction, renovation or demolition wastes.
NR 440.77(2)(y)3.3. Clean lumber.
NR 440.77(2)(z)(z) “You” or “I” means the owner or operator of a commercial and industrial solid waste incineration unit or the applicant for a permit to construct a commercial and industrial solid waste incineration unit, unless the context indicates otherwise.
NR 440.77(2)(zm)(zm) “Your” or “my” means of or relating to the owner or operator of a commercial and industrial solid waste incineration unit or the applicant for a permit to construct a commercial and industrial solid waste incineration unit, unless the context indicates otherwise.
NR 440.77(3)(3)Preconstruction siting analysis.
NR 440.77(3)(a)(a) Who must prepare a siting analysis?
NR 440.77(3)(a)1.1. You shall prepare a siting analysis if you plan to commence construction of a CISWI unit after December 1, 2000.
NR 440.77(3)(a)2.2. You shall prepare a siting analysis 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 CISWI unit.
NR 440.77(3)(b)(b) What is a siting analysis and when must it be submitted?
NR 440.77(3)(b)1.1. The siting analysis shall consider air pollution control alternatives that minimize, on a site-specific basis, to the maximum extent practicable, potential risks to public health or the environment. In considering the alternatives, the analysis may consider costs, energy impacts, non-air environmental impacts or any other factors related to the practicability of the alternatives.
NR 440.77(3)(b)2.2. Analyses of your CISWI unit’s impacts that are prepared to comply with state, local or other federal regulatory requirements may be used to satisfy the requirements of this paragraph, provided they include the consideration of air pollution control alternatives specified in subd. 1.
NR 440.77(3)(b)3.3. You shall complete and submit the siting requirements of this paragraph as required under sub. (11) (d) 3. prior to commencing construction.
NR 440.77(4)(4)Waste management plan.
NR 440.77(4)(a)(a) What is a waste management plan? A waste management plan is a written plan that identifies both the feasibility and the methods used to reduce or separate certain components of solid waste from the waste stream in order to reduce or eliminate toxic emissions from incinerated waste.
NR 440.77(4)(b)(b) When must I submit my waste management plan? You shall submit a waste management plan prior to commencing construction.
NR 440.77(4)(c)(c) What should I include in my waste management plan? A waste management plan shall include consideration of the reduction or separation of waste-stream elements such as paper, cardboard, plastics, glass, batteries or metals; or the use of recyclable materials. The plan shall identify any additional waste management measures and implement those measures you consider practical and feasible, considering the effectiveness of waste management measures already in place, the costs of additional measures, the emissions reductions expected to be achieved, and any other environmental or energy impacts they might have.
NR 440.77(5)(5)Operator training and qualification.
NR 440.77(5)(a)(a) What are the operator training and qualification requirements?
NR 440.77(5)(a)1.1. No CISWI unit may be operated unless a fully trained and qualified CISWI unit operator is accessible, either at the facility or can be at the facility within one hour. The trained and qualified CISWI unit operator may operate the CISWI unit directly or be the direct supervisor of one or more other plant personnel who operate the unit. If all qualified CISWI unit operators are temporarily not accessible, you shall follow the procedures in par. (g).
NR 440.77(5)(a)2.2. Operator training and qualification shall be obtained through a state-approved program or by completing the requirements included in subd. 3.
NR 440.77(5)(a)3.3. Training shall be obtained by completing an incinerator operator training course that includes, at a minimum, the following 3 elements:
NR 440.77(5)(a)3.a.a. Training on the following 11 subjects:
1) Environmental concerns, including types of emissions.
2) Basic combustion principles, including products of combustion.
3) Operation of the specific type of incinerator to be used by the operator, including proper startup, waste charging and shutdown procedures.
4) Combustion controls and monitoring.
5) Operation of air pollution control equipment and factors affecting performance, if applicable.
6) Inspection and maintenance of the incinerator and air pollution control devices.
7) Actions to correct malfunctions or conditions that may lead to malfunction.
8) Bottom and fly ash characteristics and handling procedures.
9) Applicable federal, state and local regulations, including occupational safety and health administration workplace standards.
10) Pollution prevention.
11) Waste management practices.
NR 440.77(5)(a)3.b.b. An examination designed and administered by the instructor.
NR 440.77(5)(a)3.c.c. Written material covering the training course topics that may serve as reference material following completion of the course.
NR 440.77(5)(b)(b) When must the operator training course be completed? The operator training course shall be completed by the later of the following 3 dates:
NR 440.77(5)(b)1.1. Six months after startup of your CISWI unit.
NR 440.77(5)(b)2.2. December 3, 2001.
NR 440.77(5)(b)3.3. The date before an employee assumes responsibility for operating the CISWI unit or assumes responsibility for supervising the operation of the CISWI unit.
NR 440.77(5)(c)(c) How is operator qualification obtained?
NR 440.77(5)(c)1.1. The operator shall obtain operator qualification by completing a training course that satisfies the criteria under par. (a) 2.
NR 440.77(5)(c)2.2. Qualification is valid from the date on which the training course is completed and the operator successfully passes the examination required under par. (a) 3. b.
NR 440.77(5)(d)(d) How is operator qualification maintained? To maintain qualification, the operator shall complete an annual review or refresher course covering, at a minimum, the following 5 topics:
NR 440.77(5)(d)1.1. Update of regulations.
NR 440.77(5)(d)2.2. Incinerator operation, including startup and shutdown procedures, waste charging and ash handling.
Loading...
Loading...
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.