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.