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 440.216Large 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)(1)Applicability.
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)1.1. Notifies the department of an exemption claim.
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)(c)(c) An affected facility to which this section applies is not subject to s. NR 440.21 or 440.215.
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)1.1. Notifies the department of an exemption claim.
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)1.1. Notifies the department of an exemption claim.
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: