c Incorporated by reference in s. NR 440.17 (1).
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a Simultaneously measure oxygen or carbon dioxide using Method 3A or 3B in Appendix A of 40 CFR part 60, incorporated by reference in s. NR 440.17 (1).
b Use CEMS to test sulfur dioxide, nitrogen oxides and carbon monoxide. Stack tests are not required except for quality assurance requirements in Appendix F of 40 CFR part 60, incorporated by reference in s. NR 440.17 (1).
c Incorporated by reference in s. NR 440.17 (1).
NR 440.76 HistoryHistory: CR 06-109: cr. Register May 2008 No. 629, eff. 6-1-08.
NR 440.77NR 440.77Commercial and Industrial Solid Waste Incineration Units for Which Construction is Commenced After November 30, 1999 or for Which Modification or Reconstruction is Commenced on or After June 1, 2001. This section establishes new source performance standards for commercial and industrial solid waste incineration (CISWI) units. Some of the requirements in this section apply to planning the CISWI unit, such as the preconstruction requirements in sub. (3), and shall be completed even before construction is initiated on the CISWI unit. Other requirements, such as the emission limitations and operating limits, apply after the CISWI unit begins operation.
NR 440.77 NoteNote: For purposes of this section “I”, “my”, “you” or “your”, refers 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. (See the definitions in sub. (2) (z) and (zm)).
NR 440.77(1)(1)Applicability.
NR 440.77(1)(a)(a) Does this section apply to my incineration unit? This section applies if your incineration unit meets all of the following requirements:
NR 440.77(1)(a)1.1. Your incineration unit is a new incineration unit as specified in par. (b).
NR 440.77(1)(a)2.2. Your incineration unit is a CISWI unit as defined in sub. (2).
NR 440.77(1)(a)3.3. Your incineration unit is not exempt under par. (c).
NR 440.77(1)(b)(b) What is a new incineration unit?
NR 440.77(1)(b)1.1. A new incineration unit is an incineration unit that meets either of the following 2 criteria:
NR 440.77(1)(b)1.a.a. Construction on the unit commenced after November 30, 1999.
NR 440.77(1)(b)1.b.b. Reconstruction or modification of the unit commenced on or after June 1, 2001.
NR 440.77(1)(b)2.2. This section does not affect your incineration unit if you make physical or operational changes to your incineration unit primarily to comply with the emission guidelines in subpart DDDD of 40 CFR part 60. Those changes do not qualify as reconstruction or modification under this section.
NR 440.77(1)(c)(c) What combustion units are exempt from this section? The following 15 types of units are exempt from this section:
NR 440.77(1)(c)1.1. ‘Pathological waste incineration units.’ Incineration units burning 90% or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of pathological waste, low-level radioactive waste or chemotherapeutic waste, as defined in sub. (2), if you meet the following 2 requirements:
NR 440.77(1)(c)1.a.a. Notify the department that the unit meets the criteria of this subdivision.
NR 440.77(1)(c)1.b.b. Keep records on a calendar quarter basis of the weight of pathological waste, low-level radioactive waste and chemotherapeutic waste burned, and the weight of all other fuels and wastes burned in the unit.
NR 440.77(1)(c)2.2. ‘Agricultural waste incineration units.’ Incineration units burning 90% or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of agricultural wastes as defined in sub. (2) if you meet the following 2 requirements:
NR 440.77(1)(c)2.a.a. Notify the department that the unit meets the criteria of this subdivision.
NR 440.77(1)(c)2.b.b. Keep records on a calendar quarter basis of the weight of agricultural waste burned, and the weight of all other fuels and wastes burned in the unit.
NR 440.77(1)(c)3.3. ‘Municipal waste combustion units.’ Incineration units that meet either of the following 2 criteria:
NR 440.77(1)(c)3.a.a. The units are regulated under s. NR 440.215, 440.216, 440.76, 40 CFR part 60 subpart Cb (Emission Guidelines and Compliance Time for Large Municipal Combustors that are Constructed on or Before September 20, 1994) or 40 CFR part 60 subpart BBBB (Emission Guidelines for Existing Stationary Sources: Small Municipal Waste Combustion Units).
NR 440.77(1)(c)3.b.b. The units burn greater than 30% municipal solid waste or refuse-derived fuel, as defined in ss. NR 440.215, 440.216, 440.76 and 40 CFR part 60 subpart BBBB, and the units have the capacity to burn less than 35 tons (32 megagrams) per day of municipal solid waste or refuse-derived fuel, if you meet the following 2 requirements:
1) Notify the department that the unit meets the criteria of this subdivision paragraph.