NR 440.76(1)(b)2.2. This section does not apply to your municipal waste combustion unit if you make physical or operational changes to an existing municipal waste combustion unit primarily to comply with the emission guidelines in subpart BBBB of 40 CFR part 60. Those changes do not qualify as reconstruction or modification under this section.
NR 440.76(1)(c)(c) Does this section allow any exemptions?
NR 440.76(1)(c)1.1. ‘Small municipal waste combustion units that combust less than 11 tons per day.’ You are exempt from this section if you meet the following 4 requirements:
NR 440.76(1)(c)1.a.a. Your municipal waste combustion unit is subject to a federally enforceable permit limiting the amount of municipal solid waste combusted to less than 11 tons per day.
NR 440.76(1)(c)1.b.b. You notify the department that the unit qualifies for the exemption.
NR 440.76(1)(c)1.c.c. You provide the department with a copy of the federally enforceable permit.
NR 440.76 NoteNote: If the department issued the permit you may satisfy the requirement in subd. 1.c. by providing the department with your facility identification number and the number and date of issuance of the permit which limits the amount of municipal solid waste combusted.
NR 440.76(1)(c)1.d.d. You keep daily records of the amount of municipal solid waste combusted.
NR 440.76(1)(c)2.2. ‘Small power production facilities.’ You are exempt from this section if you meet the following 4 requirements:
NR 440.76(1)(c)2.a.a. Your unit qualifies as a small power production facility under section 3 (17) (C) of the Federal Power Act (16 USC 796 (17) (C)).
NR 440.76(1)(c)2.b.b. Your unit combusts homogeneous waste, excluding refuse-derived fuel, to produce electricity.
NR 440.76(1)(c)2.c.c. You notify the department that the unit qualifies for the exemption.
NR 440.76(1)(c)2.d.d. You provide the department with documentation that the unit qualifies for the exemption.
NR 440.76(1)(c)3.3. ‘Cogeneration facilities.’ You are exempt from this section if you meet the following 4 requirements:
NR 440.76(1)(c)3.a.a. Your unit qualifies as a cogeneration facility under section 3 (18) (B) of the Federal Power Act (16 USC 796 (18) (B)).
NR 440.76(1)(c)3.b.b. Your unit combusts homogeneous waste, excluding refuse-derived fuel, to produce electricity and steam or other forms of energy used for industrial, commercial, heating or cooling purposes.
NR 440.76(1)(c)3.c.c. You notify the department that the unit qualifies for the exemption.
NR 440.76(1)(c)3.d.d. You provide the department with documentation that the unit qualifies for the exemption.
NR 440.76(1)(c)4.4. ‘Municipal waste combustion units that combust only tires.’ You are exempt from this section if you meet the following 3 requirements:
NR 440.76(1)(c)4.a.a. Your municipal waste combustion unit combusts a single-item waste stream of tires and no other municipal waste. However, the unit can co-fire coal, fuel oil, natural gas or other nonmunicipal solid waste.
NR 440.76(1)(c)4.b.b. You notify the department that the unit qualifies for the exemption.
NR 440.76(1)(c)4.c.c. You provide the department with documentation that the unit qualifies for the exemption.
NR 440.76(1)(c)5.5. ‘Hazardous waste combustion units.’ You are exempt from this section if you get a permit for your unit under section 3005 of the Solid Waste Disposal Act (42 USC 6925) or a license under s. 291.25, Stats.
NR 440.76(1)(c)6.6. ‘Materials recovery units.’ You are exempt from this section if your unit combusts waste mainly to recover metals. Primary and secondary smelters qualify for the exemption.
NR 440.76(1)(c)7.7. ‘Co-fired combustors.’ You are exempt from this section if you meet the following 4 requirements:
NR 440.76(1)(c)7.a.a. Your unit has a federally enforceable permit limiting the combustion of municipal solid waste to 30% of the total fuel input by weight.
NR 440.76(1)(c)7.b.b. You notify the department that the unit qualifies for the exemption.
NR 440.76(1)(c)7.c.c. You provide the department with a copy of the federally enforceable permit.
NR 440.76 NoteNote: If the department issued the permit you may satisfy the requirement in subd. 7.c. by providing the department with your facility identification number and the number and date of issuance of the permit which limits the amount of municipal solid waste combusted.