Section 440.216. Large municipal waste combustors for which construction is commenced after September 20, 1994 or for which modification or reconstruction is commenced after June 19, 1996.

 

(1)   Applicability.

(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.

(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:

1. Notifies the department of an exemption claim.

2. Provides a copy of the federally enforceable permit that limits the firing of municipal solid waste to less than 11 tons per day.

3. Keeps records of the amount of municipal solid waste fired on a daily basis.

(c) An affected facility to which this section applies is not subject to s. NR 440.21 or 440.215 .

(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.

(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.

(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.

(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:

1. Notifies the department of an exemption claim.

3. Provides data documenting that the unit qualifies for this exemption.

(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.

(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.

(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:

1. Notifies the department of an exemption claim.

2. Provides a copy of the federally enforceable permit specified in the definition of cofired combustor in sub. (2) .

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.

(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) .

(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.

(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.

(p) Cement kilns firing municipal solid waste are not subject to this section.

(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:

(a) "Air curtain incinerator" means an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which burning occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor.

(am) "Batch municipal waste combustor" means a municipal waste combustor unit designed so that it cannot combust municipal solid waste continuously 24 hours per day because the design does not allow waste to be fed to the unit or ash to be removed while combustion is occurring.

(b) "Bubbling fluidized bed combustor" means a fluidized bed combustor in which the majority of the bed material remains in a fluidized state in the primary combustion zone.

(bm) "Calendar quarter" means a consecutive 3-month period, nonoverlapping, beginning on January 1, April 1, July 1, and October 1.

(c) "Chief facility operator" means the person in direct charge and control of the operation of a municipal waste combustor and who is responsible for daily onsite supervision, technical direction, management and overall performance of the facility.

(d) "Circulating fluidized bed combustor" means a fluidized bed combustor in which the majority of the fluidized bed material is carried out of the primary combustion zone and is transported back to the primary zone through a recirculation loop.

(dm) "Clean wood" means untreated wood or untreated wood products including clean untreated lumber, whole or chipped tree stumps and whole or chipped tree limbs. Clean wood does not include yard waste, construction, renovation and demolition wastes, including railroad ties and telephone poles, which are exempt from the definition of municipal solid waste.

(e) "Cofired combustor" means a unit combusting municipal solid waste with nonmunicipal solid waste fuel, for example, coal or industrial process waste, and subject to a federally enforceable permit limiting the unit to combusting a fuel feed stream, 30% or less of the weight of which is comprised, in aggregate, of municipal solid waste as measured on a calendar quarter basis.

(em) "Continuous emission monitoring system" means a monitoring system for continuously measuring the emissions of a pollutant from an affected facility.

(f) "Dioxin/furan" means tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans.

(fm) "First calendar half" means the period starting on January 1 and ending on June 30 in any year.

(g) "Four-hour block average" or "4-hour block average" means the average of all hourly emission concentrations when the affected facility is operating and combusting municipal solid waste measured over 4-hour periods of time from 12:00 midnight to 4 a.m., 4 a.m. to 8 a.m., 8 a.m. to 12:00 noon, 12:00 noon to 4 p.m., 4 p.m. to 8 p.m. and 8 p.m. to 12:00 midnight.

(gm) "Mass burn refractory municipal waste combustor" means a field-erected combustor that combusts municipal solid waste in a refractory wall furnace. Unless otherwise specified, this includes combustors with a cylindrical rotary refractory wall furnace.

(h) "Mass burn rotary waterwall municipal waste combustor" means a field-erected combustor that combusts municipal solid waste in a cylindrical rotary waterwall furnace or on a tumbling-tile grate.

(hm) "Mass burn waterwall municipal waste combustor" means a field-erected combustor that combusts municipal solid waste in a waterwall furnace.

(i) "Materials separation plan" means a plan that identifies both a goal and an approach to separate certain components of municipal solid waste for a given service area in order to make the separated materials available for recycling. A materials separation plan may include elements such as drop-off facilities, buy-back or deposit-return incentives, curbside pickup programs or centralized mechanical separation systems. A materials separation plan may include different goals or approaches for different subareas in the service area, and may include no materials separation activities for certain subareas or, if warranted, an entire service area.

(im) "Maximum demonstrated municipal waste combustor unit load" means the highest 4-hour arithmetic average municipal waste combustor unit load achieved during 4 consecutive hours during the most recent dioxin/furan performance test demonstrating compliance with the applicable limit for municipal waste combustor organics specified under sub. (5) .

(j) "Maximum demonstrated particulate matter control device temperature" means the highest 4-hour arithmetic average flue gas temperature measured at the particulate matter control device inlet during 4 consecutive hours during the most recent dioxin/furan performance test demonstrating compliance with the applicable limit for municipal waste combustor organics specified under sub. (5) .

(jm) "Modification" or "modified municipal waste combustor unit" means a municipal waste combustor unit to which changes have been made after June 19, 1996 if the cumulative cost of the changes, over the life of the unit, exceed 50% of the original cost of construction and installation of the unit, not including the cost of any land purchased in connection with the construction or installation, updated to current costs; or any physical change in the municipal waste combustor unit or change in the method of operation of the municipal waste combustor unit which increases the amount of any air pollutant emitted by the unit for which standards have been established under section 129 or section 111 of the Act ( 42 USC 7429 or 7411 ). Increases in the amount of any air pollutant emitted by the municipal waste combustor unit are determined at 100% physical load capability and downstream of all air pollution control devices, with no consideration given for load restrictions based on permits or other nonphysical operational restrictions.

(k) "Modular excess-air municipal waste combustor" means a combustor that combusts municipal solid waste and that is not field-erected and has multiple combustion chambers, all of which are designed to operate at conditions with combustion air amounts in excess of theoretical air requirements.

(km) "Modular starved-air municipal waste combustor" means a combustor that combusts municipal solid waste and that is not field-erected and has multiple combustion chambers in which the primary combustion chamber is designed to operate at substoichiometric conditions.

(L) "Municipal solid waste" or "municipal-type solid waste" or "MSW" means household, commercial or retail, and institutional waste. Household waste includes material discarded by single and multiple residential dwellings, hotels, motels and other similar permanent or temporary housing establishments or facilities. Commercial or retail waste includes material discarded by stores, offices, restaurants, warehouses, nonmanufacturing activities at industrial facilities, and other similar establishments or facilities. Institutional waste includes material discarded by schools, nonmedical waste discarded by hospitals, material discarded by nonmanufacturing activities at prisons and government facilities and material discarded by other similar establishments or facilities. Household, commercial or retail and institutional waste does not include used oil; sewage sludge; wood pallets; construction, renovation and demolition wastes, which includes but is not limited to railroad ties and telephone poles; clean wood; industrial process or manufacturing wastes; medical waste; or motor vehicles, including motor vehicle parts or vehicle fluff. Household, commercial or retail and institutional wastes include yard waste, refuse-derived fuel and motor vehicle maintenance materials limited to vehicle batteries and tires except as specified in sub. (1) (g) .

(Lm) "Municipal waste combustor", "MWC" or "municipal waste combustor unit" means any setting or equipment that combusts solid, liquid or gasified municipal solid waste including field-erected incinerators, with or without heat recovery; modular incinerators, starved-air or excess-air; boilers, that is, steam generating units; furnaces, whether suspension-fired, grate-fired, mass-fired, air curtain incinerators or fluidized bed-fired; and pyrolysis or combustion units. Municipal waste combustors do not include pyrolysis or combustion units located at a plastics or rubber recycling unit as specified in sub. (1) (m) . Municipal waste combustors do not include cement kilns firing municipal solid waste. Municipal waste combustors do not include internal combustion engines, gas turbines or other combustion devices that combust landfill gases collected by landfill gas collection systems. The boundaries of a municipal solid waste combustor are defined as follows:

1. The municipal waste combustor unit includes, but is not limited to, the municipal solid waste fuel feed system, grate system, flue gas system, bottom ash system and the combustor water system. The municipal waste combustor boundary starts at the municipal solid waste pit or hopper and extends through the combustor flue gas system, which ends immediately following the heat recovery equipment or, if there is no heat recovery equipment, immediately following the combustion chamber; the combustor bottom ash system, which ends at the truck loading station or similar ash handling equipment that transfers the ash to final disposal, including all ash handling systems that are connected to the bottom ash handling system; and the combustor water system, which starts at the feed water pump and ends at the piping exiting the steam drum or superheater.

2. The municipal waste combustor unit does not include air pollution control equipment, the stack, water treatment equipment or the turbine-generator set.

(m) "Municipal waste combustor acid gases" means all acid gases emitted in the exhaust gases from municipal waste combustor units including sulfur dioxide and hydrogen chloride gases.

(mm) "Municipal waste combustor metals" means metals and metal compounds emitted in the exhaust gases from municipal waste combustor units.

(n) "Municipal waste combustor organics" means organic compounds emitted in the exhaust gases from municipal waste combustor units and includes tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans.

(nm) "Municipal waste combustor plant" means one or more affected facilities, as specified in sub. (1) , at the same location.

(o) "Municipal waste combustor unit capacity" means the maximum charging rate of a municipal waste combustor unit expressed in tons per day of municipal solid waste combusted, calculated according to the procedures under sub. (12) (j) . Subsection (12) (j) includes procedures for determining municipal waste combustor unit capacity for continuous and batch feed municipal waste combustors.

(om) "Municipal waste combustor unit load" means the steam load of the municipal waste combustor unit measured as specified in sub. (12) (i) 6.

(p) "Particulate matter" means total particulate matter emitted from municipal waste combustor units as measured by Method 5 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) .

(pm) "Plastics or rubber recycling unit" means an integrated processing unit where plastics, rubber or rubber tires are the only feed materials, except that incidental contaminants may be included in the feed materials, and the feed materials are processed into a chemical plant feedstock or petroleum refinery feedstock, where the feedstock is marketed to and used by a chemical plant or petroleum refinery as input feedstock. The combined weight of the chemical plant feedstock and petroleum refinery feedstock produced by the plastics or rubber recycling unit on a calendar quarter basis shall be more than 70% of the combined weight of the plastics, rubber and rubber tires processed by the plastics or rubber recycling unit on a calendar quarter basis. The plastics, rubber or rubber tire feed materials to the plastics or rubber recycling unit may originate from the separation or diversion of plastics, rubber or rubber tires from MSW or industrial solid waste, and may include manufacturing scraps, trimmings, and off-specification plastics, rubber and rubber tire discards. The plastics, rubber and rubber tire feed materials to the plastics or rubber recycling unit may contain incidental contaminants, for example, paper labels on plastic bottles or metal rings on plastic bottle caps, etc.

(q) "Potential hydrogen chloride emission concentration" means the hydrogen chloride emission concentration that would occur from combustion of municipal solid waste in the absence of any emission controls for municipal waste combustor acid gases.

(qm) "Potential mercury emission concentration" means the mercury emission concentration that would occur from combustion of municipal solid waste in the absence of any mercury emissions control.

(r) "Potential sulfur dioxide emissions" means the sulfur dioxide emission concentration that would occur from combustion of municipal solid waste in the absence of any emission controls for municipal waste combustor acid gases.

(rm) "Pulverized coal and refuse-derived fuel mixed fuel-fired combustor" means a combustor that fires coal and refuse-derived fuel simultaneously, in which pulverized coal is introduced into an air stream that carries the coal to the combustion chamber of the unit where it is fired in suspension. This includes both conventional pulverized coal and micropulverized coal.

(s) "Pyrolysis or combustion unit" means a unit that produces gases, liquids or solids through the heating of municipal solid waste, and the gases, liquids or solids produced are combusted and emissions vented to the atmosphere.

(sm) "Reconstruction" means rebuilding a municipal waste combustor unit for which the reconstruction commenced after June 19, 1996, and the cumulative costs of the construction over the life of the unit exceed 50% of the original cost of construction and installation of the unit, not including any cost of land purchased in connection with the construction or installation, updated to current costs in dollars.

(t) "Refractory unit" or "refractory wall furnace" means a combustion unit having no energy recovery, for example, via a waterwall, in the furnace, that is, radiant heat transfer section, of the combustor.

(tm) "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 low-density fluff refuse-derived fuel through densified refuse-derived fuel and pelletized refuse-derived fuel.

(u) "Refuse-derived fuel stoker" means a steam generating unit that combusts refuse-derived fuel in a semisuspension firing mode using air-fed distributors.

(um) "Same location" means the same or contiguous property that is under common ownership or control including properties that are separated only by a street, road, highway or other public right-of-way. Common ownership or control includes properties that are owned, leased or operated by the same entity, parent entity, subsidiary, subdivision or any combination thereof including any municipality or other governmental unit or any quasi-governmental authority, for example, a public utility district or regional waste disposal authority.

(v) "Second calendar half" means the period starting July 1 and ending on December 31 in any year.

(vm) "Shift supervisor" means the person who is in direct charge and control of the operation of a municipal waste combustor and who is responsible for onsite supervision, technical direction, management and overall performance of the facility during an assigned shift.

(w) "Spreader stoker coal and refuse-derived fuel mixed fuel-fired combustor" means a combustor that fires coal and refuse-derived fuel simultaneously, in which coal is introduced to the combustion zone by a mechanism that throws the fuel onto a grate from above. Combustion takes place both in suspension and on the grate.

(wm) "Standard conditions" means a temperature of 20 ° C (60 ° F) and a pressure of 101.3 kilopascals (29.92 in Hg).

(x) "Total mass dioxin/furan" or "total mass" means the total mass of tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans, as determined using Method 23 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , and the procedures specified under sub. (12) (g) .

(xm) "Tumbling-tile" means a grate tile hinged at one end and attached to a ram at the other end. When the ram extends, the grate tile rotates around the hinged end.

(y) "Twenty-four hour daily average" or "24-hour daily average" means either the arithmetic mean or geometric mean, as specified, of all hourly emission concentrations when the affected facility is operating and combusting municipal solid waste measured over a 24-hour period between 12:00 midnight and the following midnight.

(ym) "Untreated lumber" means wood or wood products that have been cut or shaped and include wet, air-dried and kiln-dried wood products. Untreated lumber does not include wood products that have been painted, pigment-stained or pressure-treated. Pressure-treating compounds include, but are not limited to, chromated copper arsenate, pentachlorophenol and creosote.

(z) "Waterwall furnace" means a combustion unit having energy (heat) recovery in the furnace (radiant heat transfer section) of the combustor.

(zm) "Yard waste" means grass, grass clippings, bushes, shrubs and clippings from bushes and shrubs that are generated by residential, commercial or retail, institutional or industrial sources as part of maintenance activities associated with yards or other private or public lands. Yard waste does not include construction, renovation and demolition wastes, which are exempt from the definition of municipal solid waste in this section. Yard waste does not include clean wood, which is exempt from the definition of municipal solid waste.

(3)   Standards for municipal waste combustor metals.

(a) On and after the date on which the initial performance test is completed or is required to be completed under s. NR 440.08 , no owner or operator of an affected facility may cause to be discharged into the atmosphere from that affected facility any gases that contain particulate matter in excess of 24 milligrams per dry standard cubic meter, corrected to 7% oxygen.

(b) On and after the date on which the initial performance test is completed or is required to be completed under s. NR 440.08 , no owner or operator of an affected facility may cause to be discharged into the atmosphere from that affected facility any gases that exhibit greater than 10% opacity (6-minute average).

(c) On and after the date on which the initial performance test is completed or is required to be completed under s. NR 440.08 , no owner or operator of an affected facility may cause to be discharged into the atmosphere from that affected facility any gases that contain cadmium in excess of 0.020 milligrams per dry standard cubic meter, corrected to 7% oxygen.

(d) On and after the date on which the initial performance test is completed or is required to be completed under s. NR 440.08 , no owner or operator of an affected facility may cause to be discharged into the atmosphere from the affected facility any gases that contain lead in excess of 0.20 milligrams per dry standard cubic meter, corrected to 7% oxygen.

(e) On and after the date on which the initial performance test is completed or is required to be completed under s. NR 440.08 , no owner or operator of an affected facility may cause to be discharged into the atmosphere from the affected facility any gases that contain mercury in excess of 0.080 milligrams per dry standard cubic meter or 15% of the potential mercury emission concentration (85% reduction by weight), corrected to 7% oxygen, whichever is less stringent.

(4)   Standard for municipal waste combustor acid gases.

(a) On and after the date on which the initial performance test is completed or is required to be completed under s. NR 440.08 , no owner or operator of an affected facility may cause to be discharged into the atmosphere from that affected facility any gases that contain sulfur dioxide in excess of 30 parts per million by volume or 20% of the potential sulfur dioxide emission concentration (80% reduction by weight or volume), corrected to 7% oxygen, dry basis, whichever is less stringent. The averaging time is specified under sub. (12) (e) .

(b) On and after the date on which the initial performance test is completed or is required to be completed under s. NR 440.08 , no owner or operator of an affected facility may cause to be discharged into the atmosphere from that affected facility any gases that contain hydrogen chloride in excess of 25 parts per million by volume or 5% of the potential hydrogen chloride emission concentration (95% reduction by weight or volume), corrected to 7% oxygen, dry basis, whichever is less stringent.

(5)   Standards for municipal waste combustor organics.

(a) On and after the date on which the initial performance test is completed or is required to be completed under s. NR 440.08 , no owner or operator of an affected facility for which construction, modification or reconstruction commences on or before November 20, 1997 may cause to be discharged into the atmosphere from that affected facility any gases that contain dioxin/furan emissions that exceed 30 nanograms per dry standard cubic meter, total mass, corrected to 7% oxygen, for the first 3 years following the date of initial startup. After the first 3 years following the date of initial startup, no owner or operator may cause to be discharged into the atmosphere from that affected facility any gases that contain dioxin/furan total mass emissions that exceed 13 nanograms per dry standard cubic meter, total mass, corrected to 7% oxygen.

(b) On and after the date on which the initial performance test is completed or is required to be completed under s. NR 440.08 , no owner or operator of an affected facility for which construction, modification or reconstruction commences after November 20, 1997 may cause to be discharged into the atmosphere from that affected facility any gases that contain dioxin/furan total mass emissions that exceed 13 nanograms per dry standard cubic meter, total mass, corrected to 7% oxygen.

(6)   Standards for municipal waste combustor nitrogen oxides.

(a) During the first year of operation after the date on which the initial performance test is completed or is required to be completed under s. NR 440.08 , no owner or operator of an affected facility may cause to be discharged into the atmosphere from that affected facility any gases that contain nitrogen oxides in excess of 180 parts per million by volume, corrected to 7% oxygen, dry basis. The averaging time is specified under sub. (12) (h) .

(b) After the first year of operation following the date on which the initial performance test is completed or is required to be completed under s. NR 440.08 , no owner or operator of an affected facility may cause to be discharged into the atmosphere from that affected facility any gases that contain nitrogen oxides in excess of 150 parts per million by volume, corrected to 7% oxygen, dry basis. The averaging time is specified under sub. (12) (h) .

(7)   Standards for municipal waste combustor operating practices.

(a) On and after the date on which the initial performance test is completed or is required to be completed under s. NR 440.08 , no owner or operator of an affected facility may cause to be discharged into the atmosphere from that affected facility any gases that contain carbon monoxide in excess of the emission limits specified in Table 1. - See PDF for table

a Measured at the combustor outlet in conjunction with a measurement of oxygen concentration, corrected to 7% oxygen, dry basis. The averaging times are specified in greater detail in sub. (12) (i) .

b Averaging times are 4-hour or 24-hour block averages.

(b) No owner or operator of an affected facility may cause the facility to operate at a load level greater than 110% of the maximum demonstrated municipal waste combustor unit load as defined in sub. (2) , except as specified in subds. 1. and 2. The averaging time is specified under sub. (12) (i) .

1. During the annual dioxin/furan performance test and the 2 weeks preceding the annual dioxin/furan performance test, no municipal waste combustor unit load limit is applicable.

2. The municipal waste combustor unit load limit may be waived in accordance with permission granted by the department for the purpose of evaluating system performance, testing new technology or control technologies, diagnostic testing or related activities for the purpose of improving facility performance or advancing the state-of-the-art for controlling facility emissions.

(c) No owner or operator of an affected facility may cause the facility to operate at a temperature, measured at the particulate matter control device inlet, exceeding 17 ° C above the maximum demonstrated particulate matter control device temperature as defined in sub. (2) , except as specified in subds. 1. and 2. The averaging time is specified under sub. (12) (i) . The requirements specified in this paragraph apply to each particulate matter control device utilized at the affected facility.

1. During the annual dioxin/furan performance test and the 2 weeks preceding the annual dioxin/furan performance test, no particulate matter control device temperature limitations are applicable.

2. The particulate matter control device temperature limits may be waived in accordance with permission granted by the department for the purpose of evaluating system performance, testing new technology or control technologies, diagnostic testing or related activities for the purpose of improving facility performance or advancing the state-of-the-art for controlling facility emissions.

(8)   Standards for municipal waste combustor operator training and certification.

(a) No later than the date 6 months after the date of startup of an affected facility or on December 19, 1996, whichever is later, each chief facility operator and shift supervisor shall obtain and maintain a current provisional operator certification from the American Society of Mechanical Engineers in accordance with ASME QRO-1-1994, incorporated by reference in s. NR 440.17 (2) (h) 1. , or obtain and maintain an operator certification in accordance with ch. NR 499 .

(b) Not later than the date 6 months after the date of startup of an affected facility or on December 19, 1996, whichever is later, each chief facility operator and shift supervisor shall have completed full certification or shall have scheduled a full certification exam in accordance with ASME QRO-1-1994, incorporated by reference in s. NR 440.17 (2) (h) 1. , or shall have obtained an operator certification in accordance with ch. NR 499 .

(c)

1. No owner or operator of an affected facility may allow the facility to be operated at any time unless one of the following persons is on duty and at the affected facility:

a. A fully certified chief facility operator.

b. A provisionally certified chief facility operator who is scheduled to take the full certification exam according to the schedule specified in par. (b) .

c. A fully certified shift supervisor.

d. A provisionally certified shift supervisor who is scheduled to take the full certification exam according to the schedule specified in par. (b) .

2. The requirement specified in subd. 1. shall take effect 6 months after the date of startup of the affected facility or on December 19, 1996, whichever is later.

3. If one of the persons listed in subd. 1. must leave the affected facility during his or her operating shift, a provisionally certified control room operator who is onsite at the affected facility may fulfill the requirement in subd. 1.

(d) All chief facility operators, shift supervisors, and control room operators at affected facilities shall complete the EPA or department approved municipal waste combustor operator training course no later than the date 6 months after the date of startup of the affected facility or by December 19, 1996, whichever is later.

(e) The owner or operator of an affected facility shall develop and update on a yearly basis a site-specific operating manual that shall, at a minimum, address the following elements of municipal waste combustor unit operation:

1. A summary of the applicable standards under this section.

2. A description of basic combustion theory applicable to a municipal waste combustor unit.

3. Procedures for receiving, handling and feeding municipal solid waste.

4. Municipal waste combustor unit startup, shutdown and malfunction procedures.

5. Procedures for maintaining proper combustion air supply levels.

6. Procedures for operating the municipal waste combustor unit within the standards established under this section.

7. Procedures for responding to periodic upset or off-specification conditions.

8. Procedures for minimizing particulate matter carryover.

9. Procedures for handling ash.

10. Procedures for monitoring municipal waste combustor unit emissions.

11. Reporting and recordkeeping procedures.

(f) The owner or operator of an affected facility shall establish a training program to review the operating manual according to the schedule specified in subds. 1. and 2. with each person who has responsibilities affecting the operation of an affected facility including chief facility operators, shift supervisors, control room operators, ash handlers, maintenance personnel and crane and load handlers. Each person specified in this paragraph shall do both of the following:

1. Undergo initial training no later than the latest of the following dates:

a. The date 6 months after the date of startup of the affected facility.

b. The date prior to the day the person assumes responsibilities affecting municipal waste combustor unit operation.

c. December 19, 1996.

2. Review the operating manual annually, following the initial review required by subd. 1.

(g) The operating manual required by par. (e) shall be kept in a readily accessible location for all persons required to undergo training under par. (f) . The operating manual and records of training shall be available for inspection by the department upon request.

(9)   Standards for municipal waste combustor fugitive ash emissions.

(a) On and after the date on which the initial performance test is completed or is required to be completed under s. NR 440.08 , no owner or operator of an affected facility may cause to be discharged to the atmosphere visible emissions of combustion ash from an ash conveying system, including conveyor transfer points, in excess of 5% of the observation period, that is, 9 minutes per 3-hour period, as determined by observations according to Method 22 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , as specified in sub. (12) (k) , except as provided in pars. (b) and (c) .

(b) The emission limit specified in par. (a) does not cover visible emissions discharged inside buildings or enclosures of ash conveying systems. However, the emission limit specified in par. (a) does cover visible emissions discharged to the atmosphere from buildings or enclosures of ash conveying systems.

(c) The provisions specified in par. (a) do not apply during maintenance and repair of ash conveying systems.

(10)   Standards for air curtain incinerators. On and after the date on which the initial performance test is completed or is required to be completed under s. NR 440.08 , the owner or operator of an air curtain incinerator with the capacity to combust greater than 250 tons per day of municipal solid waste and that combusts a fuel feed stream composed of 100% yard waste and no other municipal solid waste materials may at no time cause to be discharged into the atmosphere from that incinerator any gases that exhibit greater than 10% opacity, 6-minute average, except that an opacity level of up to 35%, 6-minute average, is permitted during startup periods during the first 30 minutes of operation of the unit.

(11)   Siting requirements.

(a) The owner or operator of an affected facility for which the initial application for a construction permit under ch. NR 405 or 408 , as applicable, is submitted after December 19, 1995, shall prepare a materials separation plan, as defined in sub. (2) , for the affected facility and its service area, and shall comply with the requirements specified in subds. 1. to 10. The initial application is defined as representing a good faith submittal for complying with the requirements under ch. NR 405 or 408 , as determined by the department.

1. The owner or operator shall prepare a preliminary draft materials separation plan and shall make the plan available to the public as follows:

a. The owner or operator shall distribute the preliminary draft materials separation plan to the principal public libraries in the area where the affected facility is to be constructed.

b. The owner or operator shall publish a notification of a public meeting in the principal newspapers serving the area where the affected facility is to be constructed and where the waste treated by the affected facility will primarily be collected. As a minimum, the notification shall include the following information:

1) The date, time, and location of the public meeting.

2) The location of the public libraries where the preliminary draft materials separation plan may be found, including normal business hours of the libraries.

3) An agenda of the issues to be discussed at the public meeting.

4) The dates that the public comment period on the preliminary draft materials separation plan begins and ends.

2. The owner or operator shall conduct a public meeting, accept comments on the preliminary draft materials separation plan and comply with the following requirements:

a. The public meeting shall be conducted in the county where the affected facility is to be located.

b. The public meeting shall be scheduled to occur 30 days or more after making the preliminary draft materials separation plan available to the public as specified under subd. 1.

c. Suggested issues to be addressed at the public meeting are as follows:

1) The expected size of the service area for the affected facility.

2) The amount of waste generation anticipated for the service area.

3) The types and estimated amounts of materials proposed for separation.

4) The methods proposed for materials separation.

5) The amount of residual waste to be disposed.

6) Alternate disposal methods for handling the residual waste.

7) Identification of the locations where responses to public comment on the preliminary draft materials separation plan will be available for inspection, as specified in subds. 3. and 4.

8) Identification of the locations where the final draft materials separation plan will be available for inspection, as specified in subd. 7.

d. Nothing in this section shall preclude an owner or operator from combining this public meeting with any other public meeting required as part of any other federal, department or local permit review process except the public meeting required under par. (b) 4.

3. Following the public meeting required by subd. 2. , the owner or operator shall prepare responses to the comments received at the public meeting.

4. The owner or operator shall make the document summarizing responses to public comments available to the public, including distribution to the principal public libraries used to announce the meeting, in the service area where the affected facility is to be located.

5. The owner or operator shall prepare a final draft materials separation plan for the affected facility considering the public comments received at the public meeting.

6. As required under sub. (13) (a) , the owner or operator shall submit to the department a copy of the notification of the public meeting, a transcript of the public meeting, the document summarizing responses to public comments and copies of both the preliminary and final draft materials separation plans at or before the time the facility's application for a construction permit is submitted under ch. NR 405 or 408 , as applicable.

7. As part of the distribution of the siting analysis required under par. (b) 3. , the owner or operator shall make the final draft materials separation plan required under subd. 5. available to the public, as specified in par. (b) 3.

8. As part of the public meeting for review of the siting analysis required under par. (b) 4. , the owner or operator shall address questions concerning the final draft materials separation plan required by subd. 5. , including discussion of how the final draft materials separation plan has changed from the preliminary draft materials separation plan that was discussed at the first public meeting required by subd. 2.

9. If the owner or operator receives any comments on the final draft materials separation plan during the public meeting required in par. (b) 4. , the owner or operator shall respond to those comments in the document prepared in accordance with par. (b) 5.

10. The owner or operator shall prepare a final materials separation plan and shall submit, as required under sub. (13) (b) 5. b. , the final materials separation plan as part of the initial notification of construction.

(b) The owner or operator of an affected facility for which the initial application for a construction permit under ch. NR 405 or 408 , as applicable, is submitted after December 19, 1995 shall prepare a siting analysis in accordance subds. 1. and 2. and shall comply with the requirements specified in subds. 3. to 7.

1. The siting analysis shall be an analysis of the impact of the affected facility on ambient air quality, visibility, soils and vegetation.

2. The analysis shall consider air pollution control alternatives that minimize, on a site-specific basis, to the maximum extent practicable, potential risks to the public health or the environment.

3. The owner or operator shall make the siting analysis and final draft materials separation plan required by par. (a) 5. available to the public as follows:

a. The owner or operator shall distribute the siting analysis and final draft materials separation plan to the principal public libraries in the area where the affected facility is to be constructed.

b. The owner or operator shall publish a notification of a public meeting in the principal newspapers serving the area where the affected facility is to be constructed and where the waste treated by the affected facility will primarily be collected. As a minimum, the notification shall include the following information:

1) The date, time and location of the public meeting.

2) The location of the public libraries where the siting analyses and final draft materials separation plan may be found, including normal business hours.

3) An agenda of the issues to be discussed at the public meeting.

4) The dates that the public comment period on the siting analyses and final draft materials separation plan begins and ends.

4. The owner or operator shall conduct a public meeting and accept comments on the siting analysis and the final draft materials separation plan required under par. (a) 5. The public meeting shall be conducted in the county where the affected facility is to be located and shall be scheduled to occur 30 days or more after making the siting analysis available to the public as specified under subd. 3.

5. The owner or operator shall prepare responses to the comments on the siting analysis and the final draft materials separation plan that are received at the public meeting.

6. The owner or operator shall make the document summarizing responses to public comments available to the public, including distribution to all public libraries, in the service area where the affected facility is to be located.

7. As required under sub. (13) (b) 5. , the owner or operator shall submit a copy of the notification of the public meeting, a transcript of the public meeting, the document summarizing responses to public comments, and the siting analysis as part of the initial notification of construction.

(c) The owner or operator of an affected facility for which construction is commenced after September 20, 1994 shall prepare a siting analysis in accordance with ch. NR 405 or 408 , as applicable, and shall submit the siting analysis as part of the initial notification of construction. Affected facilities subject to pars. (a) and (b) are not subject to this paragraph.

(12)   Compliance and performance testing.

(a)

1. Except as provided by sub. (10) , the standards under this section apply at all times except during periods of startup, shutdown and malfunction. Duration of startup, shutdown or malfunction periods are limited to 3 hours per occurrence, except as provided in subd. 1. c.

a. The startup period commences when the affected facility begins the continuous burning of municipal solid waste and does not include any warmup period when the affected facility is combusting fossil fuel or other nonmunicipal solid waste fuel and no municipal solid waste is being fed to the combustor.

b. Continuous burning is the continuous, semicontinuous or batch feeding of municipal solid waste for purposes of waste disposal, energy production or providing heat to the combustion system in preparation for waste disposal or energy production. The use of municipal solid waste solely to provide thermal protection of the grate or hearth during the startup period when municipal solid waste is not being fed to the grate is not considered to be continuous burning.

c. For the purpose of compliance with the carbon monoxide emission limits in sub. (7) (a) , if a loss of boiler water level control, for example, boiler waterwall tube failure, or a loss of combustion air control, for example, loss of combustion air fan, induced draft fan or combustion grate bar failure, is determined to be a malfunction, the duration of the malfunction period is limited to 15 hours per occurrence.

2. The opacity limits for air curtain incinerators specified in sub. (10) apply at all times as specified under sub. (10) except during periods of malfunction. Duration of malfunction periods are limited to 3 hours per occurrence.

(b) The owner or operator of an affected facility shall install, calibrate, maintain and operate a continuous emission monitoring system and record the output of the system for measuring the oxygen or carbon dioxide content of the flue gas at each location where carbon monoxide, sulfur dioxide or nitrogen oxides emissions are monitored and shall comply with the following test procedures and test methods:

1. The span value of the oxygen (or 20% carbon dioxide) monitor shall be 25% oxygen (or 20% carbon dioxide).

2. The monitor shall be installed, evaluated and operated in accordance with s. NR 440.13 .

3. The initial performance evaluation shall be completed no later than 180 days after the date of initial startup of the affected facility, as specified under s. NR 440.08 .

4. The monitor shall conform to Performance Specification 3 in Appendix B of 40 CFR part 60 , incorporated by reference in s. NR 440.17 (1) , except for section 2.3, relative accuracy requirement.

5. The quality assurance procedures of Appendix F of 40 CFR part 60 , incorporated by reference in s. NR 440.17 (1) , except for section 5.1.1, relative accuracy test audit, shall apply to the monitor.

6. If carbon dioxide is selected for use in diluent corrections, the relationship between oxygen and carbon dioxide levels shall be established during the initial performance test according to the procedures and methods specified in subd. 6. a. to d. This relationship may be reestablished during performance compliance tests.

a. The fuel factor equation in Method 3B of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , shall be used to determine the relationship between oxygen and carbon dioxide at a sampling location. Method 3, 3A or 3B of 40 CFR part 60 , Appendix A, as applicable, shall be used to determine the oxygen concentration at the same location as the carbon dioxide monitor.

b. Samples shall be taken for at least 30 minutes in each hour.

c. Each sample shall represent a 1-hour average.

d. A minimum of 3 runs shall be performed.

7. The relationship between carbon dioxide and oxygen concentrations that is established in accordance with subd. 6. shall be submitted to the department as part of the initial performance test report and, if applicable, as part of the annual test report if the relationship is reestablished during the annual performance test.

(c) The procedures and test methods specified in subds. 1. to 11. shall be used to determine compliance with the emission limits for particulate matter and opacity under sub. (3) (a) and (b) .

1. Method 1 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , shall be used to select sampling site and number of traverse points.

2. Method 3, 3A or 3B of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , as applicable, shall be used for gas analysis.

3. Method 5 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , shall be used for determining compliance with the particulate matter emission limit. The minimum sample volume shall be 1.7 cubic meters. The probe and filter holder heating systems in the sample train shall be set to provide a gas temperature no greater than 160 ± 14 ° C (320 ± 25 ° F). An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 5 run.

4. The owner or operator of an affected facility may request that compliance with the particulate matter emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7% oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in par. (b) 6.

5. As specified under s. NR 440.08 , all performance tests shall consist of 3 test runs. The average of the particulate matter emission concentrations from the 3 test runs shall be used to determine compliance.

6. In accordance with subds. 7. and 11. , Method 9 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , shall be used for determining compliance with the opacity limit except as provided under s. NR 440.11 (5) .

7. The owner or operator of an affected facility shall conduct an initial performance test for particulate matter emissions and opacity as required under s. NR 440.08 .

8. The owner or operator of an affected facility shall install, calibrate, maintain and operate a continuous opacity monitoring system for measuring opacity and shall comply with the following methods and procedures:

a. The output of the continuous opacity monitoring system shall be recorded on a 6-minute average basis.

b. The continuous opacity monitoring system shall be installed, evaluated and operated in accordance with s. NR 440.13 .

c. The continuous opacity monitoring system shall conform to Performance Specification 1 in Appendix B of 40 CFR part 60 , incorporated by reference in s. NR 440.17 (1) .

d. The initial performance evaluation shall be completed no later than 180 days after the date of the initial startup of the municipal waste combustor unit, as specified under s. NR 440.08 .

9. Following the date that the initial performance test for particulate matter is completed or is required to be completed under s. NR 440.08 for an affected facility, the owner or operator shall conduct a performance test for particulate matter on an annual basis, no more than 12 calendar months following the previous performance test.

11. Following the date that the initial performance test for opacity is completed or is required to be completed under s. NR 440.08 for an affected facility, the owner or operator shall conduct a performance test for opacity on an annual basis, no more than 12 calendar months following the previous performance test, using the test method specified in subd. 6.

(d) The procedures and test methods specified in this paragraph shall be used to determine compliance with the emission limits for cadmium, lead and mercury under sub. (3) (c) to (e) :

1. The following procedures and test methods shall be used to determine compliance with the emission limits for cadmium and lead under sub. (3) (c) and (d) :

a. Method 1 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , shall be used for determining the location and number of sampling points.

b. Method 3, 3A or 3B of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , as applicable, shall be used for flue gas analysis.

c. Method 29 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , shall be used for determining compliance with the cadmium and lead emission limits.

d. An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 29 test run for cadmium and lead required under subd. 1. c.

e. The owner or operator of an affected facility may request that compliance with the cadmium or lead emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7% oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in par. (b) 6.

f. All performance tests shall consist of a minimum of 3 test runs conducted under representative full load operating conditions. The average of the cadmium or lead emission concentrations from 3 test runs or more shall be used to determine compliance.

g. Following the date of the initial performance test or the date on which the initial performance test is required to be completed under s. NR 440.08 , the owner or operator of an affected facility shall conduct a performance test for compliance with the emission limits for cadmium and lead on an annual basis, no more than 12 calendar months following the previous performance test.

2. The following procedures and test methods shall be used to determine compliance with the mercury emission limit under sub. (3) (e) :

a. Method 1 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , shall be used for determining the location and number of sampling points.

b. Method 3, 3A or 3B of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , as applicable, shall be used for flue gas analysis.

c. Method 29 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , shall be used to determine the mercury emission concentration. The minimum sample volume when using Method 29 for mercury shall be 1.7 cubic meters.

d. An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 29 test run for mercury required under subd. 2. c.

e. The percent reduction in the potential mercury emissions (%PHg) shall be computed using the following equation:

- See PDF for diagram

where:

%P Hg is the percent reduction of the potential mercury emissions achieved

E i is the potential mercury emission concentration measured at the control device inlet, corrected to 7% oxygen, dry basis

E o is the controlled mercury emission concentration measured at the mercury control device outlet, corrected to 7% oxygen, dry basis

f. All performance tests shall consist of a minimum of 3 test runs conducted under representative full load operating conditions. The average of the mercury emission concentrations or percent reductions from 3 test runs or more shall be used to determine compliance.

g. The owner or operator of an affected facility may request that compliance with the mercury emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7% oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in par. (b) 6.

h. The owner or operator of an affected facility shall conduct an initial performance test for mercury emissions as required under s. NR 440.08 .

i. Following the date that the initial performance test for mercury is completed or is required to be completed under s. NR 440.08 , the owner or operator of an affected facility shall conduct a performance test for mercury emissions on a annual basis, no more than 12 calendar months following the previous performance test.

k. The owner or operator of an affected facility where activated carbon injection is used to comply with the mercury emission limit shall follow the procedures specified in par. (m) for measuring and calculating carbon usage.

(e) The following procedures and test methods shall be used for determining compliance with the sulfur dioxide emission limit under sub. (4) (a) :

1. Section 4.3 of Method 19 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , shall be used to calculate the daily geometric average sulfur dioxide emission concentration.

2. Section 5.4 of Method 19 shall be used to determine the daily geometric average percent reduction in the potential sulfur dioxide emission concentration.

3. The owner or operator of an affected facility may request that compliance with the sulfur dioxide emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7% oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in par. (b) 6.

4. The owner or operator of an affected facility shall conduct an initial performance test for sulfur dioxide emissions as required under s. NR 440.08 . Compliance with the sulfur dioxide emission limit, concentration or percent reduction, shall be determined by using the continuous emission monitoring system specified in subd. 5. to measure sulfur dioxide and calculating a 24-hour daily geometric average emission concentration or a 24-hour daily geometric average percent reduction using Method 19, sections 4.3 and 5.4, as applicable.

5. The owner or operator of an affected facility shall install, calibrate, maintain and operate a continuous emission monitoring system for measuring sulfur dioxide emissions discharged to the atmosphere and record the output of the system.

6. Following the date that the initial performance test for sulfur dioxide is completed or is required to be completed under s. NR 440.08 , compliance with the sulfur dioxide emission limit shall be determined based on the 24-hour daily geometric average of the hourly arithmetic average emission concentrations using continuous emission monitoring system outlet data if compliance is based on an emission concentration, or continuous emission monitoring system inlet and outlet data if compliance is based on a percent reduction.

7. At a minimum, valid continuous monitoring system hourly averages shall be obtained as follows for 75% of the operating hours per day for 90% of the operating days per calendar quarter that the affected facility is combusting municipal solid waste:

a. At least 2 data points per hour shall be used to calculate each 1-hour arithmetic average.

b. Each sulfur dioxide 1-hour arithmetic average shall be corrected to 7% oxygen on an hourly basis using the 1-hour arithmetic average of the oxygen or carbon dioxide continuous emission monitoring system data.

8. The 1-hour arithmetic averages required under subd. 6. shall be expressed in parts per million corrected to 7% oxygen, dry basis, and used to calculate the 24-hour daily geometric average emission concentrations and daily geometric average emission percent reductions. The 1-hour arithmetic averages shall be calculated using the data points required under s. NR 440.13 (5) (b) .

9. All valid continuous emission monitoring system data shall be used in calculating average emission concentrations and percent reductions even if the minimum continuous emission monitoring system data requirements of subd. 7. are not met.

10. The procedures under s. NR 440.13 shall be followed for installation, evaluation and operation of the continuous emission monitoring system.

11. The initial performance evaluation shall be completed no later than 180 days after the date of initial startup of the municipal waste combustor as specified under s. NR 440.08 .

12. The continuous emission monitoring system shall be operated according to Performance Specification 2 of 40 CFR part 60 , Appendix B, incorporated by reference in s. NR 440.17 (1) .

a. During each relative accuracy test run of the continuous emission monitoring system required by Performance Specification 2, sulfur dioxide and oxygen or carbon dioxide data shall be collected concurrently, or within a 30 to 60 minute period, by both the continuous emission monitors and the following test methods:

1) For sulfur dioxide, Method 6, 6A or 6C of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , shall be used.

2) For oxygen or carbon dioxide, Method 3, 3A or 3B of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , as applicable, shall be used.

b. The span value of the continuous emissions monitoring system at the inlet to the sulfur dioxide control device shall be 125% of the maximum estimated hourly potential sulfur dioxide emissions of the municipal waste combustor unit. The span value of the continuous emission monitoring system at the outlet of the sulfur dioxide control device shall be 50% of the maximum estimated hourly potential sulfur dioxide emissions of the municipal waste combustor unit.

13. Quarterly accuracy determinations and daily calibration drift tests shall be performed in accordance with Procedure 1 in 40 CFR part 60 , Appendix F, incorporated by reference in s. NR 440.17 (1) .

14. When sulfur dioxide emissions data are not obtained because of continuous emission monitoring system breakdowns, repairs, calibration checks and zero and span adjustments, emissions data shall be obtained by using other monitoring systems as approved by the department or Method 19 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , to provide, as necessary, valid emissions data for a minimum of 75% of the hours per day that the affected facility is operated and combusting municipal solid waste for 90% of the days per calendar quarter that the affected facility is operated and combusting municipal solid waste.

(f) The following procedures and test methods shall be used for determining compliance with the hydrogen chloride emission limit under sub. (4) (b) :

1. Method 26 or 26A of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , as applicable, shall be used to determine the hydrogen chloride emission concentration. The minimum sampling time shall be one hour.

2. An oxygen or carbon dioxide measurement shall be obtained simultaneously with each test run for hydrogen chloride required by subd. 1.

3. The percent reduction in potential hydrogen chloride emissions (%P HCl ) shall be computed using the following equation:

- See PDF for diagram

where:

%P HCl is the percent reduction of the potential hydrogen chloride emissions achieved

E i is the potential hydrogen chloride emission concentration measured at the control device inlet, corrected to 7% oxygen, dry basis

E o is the controlled hydrogen chloride emission concentration measured at the control device outlet, corrected to 7% oxygen, dry basis

4. The owner or operator of an affected facility may request that compliance with the hydrogen chloride emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7% oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in par. (b) 6.

5. As specified under s. NR 440.08 , all performance tests shall consist of 3 test runs. The average of the hydrogen chloride emission concentrations or percent reductions from the 3 test runs shall be used to determine compliance.

6. The owner or operator of an affected facility shall conduct an initial performance test for hydrogen chloride as required under s. NR 440.08 .

7. Following the date that the initial performance test for hydrogen chloride is completed or is required to be completed under s. NR 440.08 , the owner or operator of an affected facility shall conduct a performance test for hydrogen chloride emissions on an annual basis, no more than 12 calendar months following the previous performance test.

(g) The following procedures and test methods shall be used to determine compliance with the limits for dioxin/furan emissions under sub. (5) :

1. Method 1 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , shall be used for determining the location and number of sampling points.

2. Method 3, 3A or 3B of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , as applicable, shall be used for flue gas analysis.

3. Method 23 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , shall be used for determining the dioxin/furan emission concentration.

a. The minimum sample time shall be 4 hours per test run.

b. An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 23 test run for dioxins/furans.

4. The owner or operator of an affected facility shall conduct an initial performance test for dioxin/furan emissions in accordance with subd. 3. , as required under s. NR 440.08 .

5. Following the date that the initial performance test for dioxins/furans is completed or is required to be completed under s. NR 440.08 , the owner or operator of an affected facility shall conduct performance tests for dioxin/furan emissions in accordance with subd. 3. and according to one of the following schedules:

a. For affected facilities, performance tests shall be conducted on an annual basis, no more than 12 calendar months following the previous performance test.

c. Where all performance tests over a 2-year period indicate that dioxin/furan emissions are less than or equal to 7 nanograms per dry standard cubic meter, total mass, for all affected facilities located within a municipal waste combustor plant, the owner or operator of the municipal waste combustor plant may elect to conduct annual performance tests for one affected facility, that is, unit, per year at the municipal waste combustor plant. At a minimum, a performance test for dioxin/furan emissions shall be conducted annually, no more than 12 months following the previous performance test, for one affected facility at the municipal waste combustor plant. Each year a different affected facility at the municipal waste combustor plant shall be tested, and the affected facilities at the plant shall be tested in sequence, for example, unit 1, unit 2, unit 3, as applicable. If each annual performance test continues to indicate a dioxin/furan emission level less than or equal to 7 nanograms per dry standard cubic meter, total mass, the owner or operator may continue conducting a performance test on only one affected facility per year. If any annual performance test indicates a dioxin/furan emission level greater than 7 nanograms per dry standard cubic meter, total mass, performance tests thereafter shall be conducted annually on all affected facilities at the plant until and unless all annual performance tests for all affected facilities at the plant over a 2-year period indicate a dioxin/furan emission level less than or equal to 7 nanograms per dry standard cubic meter, total mass.

6. The owner or operator of an affected facility that selects to follow the performance testing schedule specified in subd. 5. c. shall follow the procedures specified in sub. (13) (g) 2. for reporting the selection of this schedule.

7. The owner or operator of an affected facility where activated carbon is used to comply with the dioxin/furan emission limits specified in sub. (5) or the dioxin/furan emission level specified in subd. 5. c. shall follow the procedures specified in par. (m) for measuring and calculating the carbon usage rate.

8. The owner or operator of an affected facility may request that compliance with the dioxin/furan emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7% oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in par. (b) 6.

9. As specified under s. NR 440.08 , all performance tests shall consist of 3 test runs. The average of the dioxin/furan emission concentrations from the 3 test runs shall be used to determine compliance.

(h) The following procedures and test methods shall be used to determine compliance with the nitrogen oxides emission limit for affected facilities under sub. (6) :

1. Section 4.1 of Method 19 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , shall be used for determining the daily arithmetic average nitrogen oxides emission concentration.

2. The owner or operator of an affected facility may request that compliance with the nitrogen oxides emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7% oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in par. (b) 6.

3. The owner or operator of an affected facility subject to the nitrogen oxides limit under sub. (6) shall conduct an initial performance test for nitrogen oxides as required under s. NR 440.08 . Compliance with the nitrogen oxides emission limit shall be determined by using the continuous emission monitoring system specified in subd. 4. for measuring nitrogen oxides and calculating a 24-hour daily arithmetic average emission concentration using section 4.1 of Method 19.

4. The owner or operator of an affected facility subject to the nitrogen oxides emission limit under sub. (6) shall install, calibrate, maintain and operate a continuous emission monitoring system for measuring nitrogen oxides discharged to the atmosphere, and record the output of the system.

5. Following the date that the initial performance test for nitrogen oxides is completed or is required to be completed under s. NR 440.08 , compliance with the emission limit for nitrogen oxides required under sub. (6) shall be determined based on the 24-hour daily arithmetic average of the hourly emission concentrations using continuous emission monitoring system outlet data.

6. At a minimum, valid continuous emission monitoring system hourly averages shall be obtained as follows for 75% of the operating hours per day for 90% of the operating days per calendar quarter that the affected facility is combusting municipal solid waste:

a. At least 2 data points per hour shall be used to calculate each 1-hour arithmetic average.

b. Each nitrogen oxides 1-hour arithmetic average shall be corrected to 7% oxygen on an hourly basis using the 1-hour arithmetic average of the oxygen or carbon dioxide continuous emission monitoring system data.

7. The 1-hour arithmetic averages required by subd. 5. shall be expressed in parts per million by volume, dry basis, and used to calculate the 24-hour daily arithmetic average concentrations. The 1-hour arithmetic averages shall be calculated using the data points required under s. NR 440.13 (5) (b) .

8. All valid continuous emission monitoring system data shall be used in calculating emission averages even if the minimum continuous emission monitoring system data requirements of subd. 6. are not met.

9. The procedures under s. NR 440.13 shall be followed for installation, evaluation and operation of the continuous emission monitoring system. The initial performance evaluation shall be completed no later than 180 days after the date of initial startup of the municipal waste combustor unit, as specified under s. NR 440.08 .

10. The owner or operator of an affected facility shall operate the continuous emission monitoring system according to Performance Specification 2 in 40 CFR part 60 , Appendix B, incorporated by reference in s. NR 440.17 (1) , and shall comply with the following procedures and methods:

a. During each relative accuracy test run of the continuous emission monitoring system required by Performance Specification 2, nitrogen oxides and oxygen or carbon dioxide data shall be collected concurrently, or within a 30 to 60-minute period, by both the continuous emission monitors and the following test methods:

1) For nitrogen oxides, Method 7, 7A, 7C, 7D or 7E of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , shall be used.

2) For oxygen or carbon dioxide, Method 3, 3A or 3B of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , as applicable, shall be used.

b. The span value of the continuous emission monitoring system shall be 125% of the maximum estimated hourly potential nitrogen oxide emissions of the municipal waste combustor unit.

11. Quarterly accuracy determinations and daily calibration drift tests shall be performed in accordance with Procedure 1 of 40 CFR part 60 , Appendix F, incorporated by reference in s. NR 440.17 (1) .

12. When nitrogen oxides continuous emissions data are not obtained because of continuous emission monitoring system breakdowns, repairs, calibration checks, and zero and span adjustments, emissions data shall be obtained using other monitoring systems as approved by the department or Method 19 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , to provide, as necessary, valid emissions data for a minimum of 75% of the hours per day for 90% of the days per calendar quarter the unit is operated and combusting municipal solid waste.

(i) The following procedures shall be used for determining compliance with the operating requirements under sub. (7) :

1. Compliance with the carbon monoxide emission limits in sub. (7) shall be determined using a 4-hour block arithmetic average for all types of affected facilities except mass burn rotary waterwall municipal waste combustors and refuse-derived fuel stokers.

2. For affected mass burn rotary waterwall municipal waste combustors and refuse-derived fuel stokers, compliance with the carbon monoxide emission limits in sub. (7) (a) shall be determined using a 24-hour daily arithmetic average.

3. The owner or operator of an affected facility shall install, calibrate, maintain and operate a continuous emission monitoring system for measuring carbon monoxide at the combustor outlet and record the output of the system and shall comply with the following procedures and methods:

a. The continuous emission monitoring system shall be operated according to Performance Specification 4A of 40 CFR part 60 , Appendix B, incorporated by reference in s. NR 440.17 (1) .

b. During each relative accuracy test run of the continuous emission monitoring system required by Performance Specification 4A, carbon monoxide and oxygen or carbon dioxide data shall be collected concurrently, or within a 30- to 60-minute period, by both the continuous emission monitors and the following test methods:

1) For carbon monoxide, Method 10, 10A or 10B of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , shall be used.

2) For oxygen or carbon dioxide, Method 3, 3A or 3B of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , as applicable, shall be used.

c. The span value of the continuous emission monitoring system shall be 125% of the maximum estimated hourly potential carbon monoxide emissions of the municipal waste combustor unit.

4. The 4-hour block and 24-hour daily arithmetic averages specified in subds. 1. and 2. shall be calculated from 1-hour arithmetic averages expressed in parts per million by volume corrected to 7% oxygen, dry basis. The 1-hour arithmetic averages shall be calculated using the data points generated by the continuous emission monitoring system. At least 2 data points shall be used to calculate each 1-hour arithmetic average.

5. The owner or operator of an affected facility may request that compliance with the carbon monoxide emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7% oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in par. (b) 6.

6. The following procedures shall be used to determine compliance with load level requirements under sub. (7) (b) :

a. The owner or operator of an affected facility with steam generation capability shall install, calibrate, maintain and operate a steam flow meter or a feedwater flow meter; measure steam or feedwater flow in kilograms per hour or pounds per hour on a continuous basis; and record the output of the monitor. Steam or feedwater flow shall be calculated in 4-hour block arithmetic averages.

b. The method included in ASME Power Test Codes: Test Code for Steam Generating Units, PTC 4.1-1964 (R1991) section 4, incorporated by reference in s. NR 440.17 (2) (h) 2. , shall be used for calculating the steam or feedwater flow required under subd. 6. a. The recommendations in ASME Interim Supplement 19.5 on Instruments and Apparatus: Application, Part II of Fluid Meters, 6th edition, 1971, chapter 4, incorporated by reference in s. NR 440.17 (2) (h) 3. , shall be followed for design, construction, installation, calibration and use of nozzles and orifices except as specified in subd. 6. c.

c. Measurement devices such as flow nozzles and orifices are not required to be recalibrated after they are installed.

d. All signal conversion elements associated with steam or feedwater flow measurements shall be calibrated according to the manufacturer's instructions before each dioxin/furan performance test, and at least once per year.

7. To determine compliance with the maximum particulate matter control device temperature requirements under sub. (7) (c) , the owner or operator of an affected facility shall install, calibrate, maintain and operate a device for measuring on a continuous basis the temperature of the flue gas stream at the inlet to each particulate matter control device utilized by the affected facility. Temperature shall be calculated in 4-hour block arithmetic averages.

8. The maximum demonstrated municipal waste combustor unit load shall be determined during the initial performance test for dioxins/furans and each subsequent performance test during which compliance with the dioxin/furan emission limit specified in sub. (5) is achieved. The maximum demonstrated municipal waste combustor unit load shall be the highest 4-hour arithmetic average load achieved during 4 consecutive hours during the most recent test during which compliance with the dioxin/furan emission limit was achieved.

9. For each particulate matter control device employed at the affected facility, the maximum demonstrated particulate matter control device temperature shall be determined during the initial performance test for dioxins/furans and each subsequent performance test during which compliance with the dioxin/furan emission limit specified in sub. (5) is achieved. The maximum demonstrated particulate matter control device temperature shall be the highest 4-hour arithmetic average temperature achieved at the particulate matter control device inlet during 4 consecutive hours during the most recent test during which compliance with the dioxin/furan limit was achieved.

10. At a minimum, valid continuous emission monitoring system hourly averages shall be obtained as follows for 75% of the operating hours per day for 90% of the operating days per calendar quarter that the affected facility is combusting municipal solid waste:

a. At least 2 data points per hour shall be used to calculate each 1-hour arithmetic average.

b. At a minimum, each carbon monoxide 1-hour arithmetic average shall be corrected to 7% oxygen on an hourly basis using the 1-hour arithmetic average of the oxygen or carbon dioxide continuous emission monitoring system data.

11. All valid continuous emission monitoring system data shall be used in calculating the parameters specified under this paragraph even if the minimum data requirements of subd. 10. are not met. When carbon monoxide continuous emission data are not obtained because of continuous emission monitoring system breakdowns, repairs, calibration checks or zero and span adjustments, emissions data shall be obtained using other monitoring systems as approved by the department or Method 10 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , to provide, as necessary, the minimum valid emission data.

12. Quarterly accuracy determinations and daily calibration drift tests for the carbon monoxide continuous emission monitoring system shall be performed in accordance with Procedure 1 of 40 CFR part 60 , Appendix F, incorporated by reference in s. NR 440.17 (1) .

(j) The following procedures shall be used for calculating municipal waste combustor unit capacity as defined under sub. (2) :

1. For municipal waste combustor units capable of combusting municipal solid waste continuously for a 24-hour period, municipal waste combustor unit capacity shall be calculated based on 24 hours of operation at the maximum charging rate. The maximum charging rate shall be determined using one of the following as applicable:

a. For combustors that are designed based on heat capacity, the maximum charging rate shall be calculated based on the maximum design heat input capacity of the unit and a heating value of 12,800 kilojoules per kilogram for combustors firing refuse-derived fuel and a heating value of 10,500 kilojoules per kilogram for combustors firing municipal solid waste that is not refuse-derived fuel.

b. For combustors that are not designed based on heat capacity, the maximum charging rate shall be the maximum design charging rate.

2. For batch feed municipal waste combustor units, municipal waste combustor unit capacity shall be calculated as the maximum design amount of municipal solid waste that can be charged per batch multiplied by the maximum number of batches that could be processed in a 24-hour period. The maximum number of batches that could be processed in a 24-hour period is calculated as 24 hours divided by the design number of hours required to process one batch of municipal solid waste, and may include fractional batches, for example, if one batch requires 16 hours, then 24 divided by 16, or 1.5 batches, could be combusted in a 24-hour period. For batch combustors that are designed based on heat capacity, the design heating value of 12,800 kilojoules per kilogram for combustors firing refuse-derived fuel and a heating value of 10,500 kilojoules per kilogram for combustors firing municipal solid waste that is not refuse-derived fuel shall be used in calculating the municipal waste combustor unit capacity in megagrams per day of municipal solid waste.

(k) The following procedures shall be used for determining compliance with the fugitive ash emission limit under sub. (9) :

1. Method 22 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , shall be used for determining compliance with the fugitive ash emission limit under sub. (9) . The minimum observation time shall be a series of 3 1-hour observations. The observation period shall include times when the facility is transferring ash from the municipal waste combustor unit to the area where ash is stored or loaded into containers or trucks.

2. The average duration of visible emissions per hour shall be calculated from the 3 1-hour observations. The average shall be used to determine compliance with sub. (9) .

3. The owner or operator of an affected facility shall conduct an initial performance test for fugitive ash emissions as required under s. NR 440.08 .

4. Following the date that the initial performance test for fugitive ash emissions is completed or is required to be completed under s. NR 440.08 for an affected facility, the owner or operator shall conduct a performance test for fugitive ash emissions on an annual basis, no more than 12 calendar months following the previous performance test.

(L) The following procedures shall be used to determine compliance with the opacity limit for air curtain incinerators under sub. (10) :

1. Method 9 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , shall be used for determining compliance with the opacity limit.

2. The owner or operator of the air curtain incinerator shall conduct an initial performance test for opacity as required under s. NR 440.08 .

3. Following the date that the initial performance test is completed or is required to be completed under s. NR 440.08 , the owner or operator of the air curtain incinerator shall conduct a performance test for opacity on an annual basis, no more than 12 calendar months following the previous performance test.

(m) The owner or operator of an affected facility where activated carbon injection is used to comply with the mercury emission limit under sub. (3) (e) , or the dioxin/furan emission limits under sub. (5) , or the dioxin/furan emission level specified in sub. (12) (g) 5. c. , shall comply with the following procedures:

1. During the performance tests for dioxins/furans and mercury, as applicable, the owner or operator shall estimate an average carbon mass feed rate based on carbon injection system operating parameters such as the screw feeder speed, hopper volume, hopper refill frequency or other parameters appropriate to the feed system being employed, as follows:

a. An average carbon mass feed rate in kilograms per hour or pounds per hour shall be estimated during the initial performance test for mercury emissions and each subsequent performance test for mercury emissions.

b. An average carbon mass feed rate in kilograms per hour or pounds per hour shall be estimated during the initial performance test for dioxin/furan emissions and each subsequent performance test for dioxin/furan emissions.

2. During operation of the affected facility, the carbon injection system operating parameters that are the primary indicators of the carbon mass feed rate, for example, screw feeder setting, shall equal or exceed the levels documented during the performance tests specified under subd. 1. a. and b.

3. The owner or operator of an affected facility shall estimate the total carbon usage of the plant, kilograms or pounds, for each calendar quarter by 2 independent methods, according to the following procedures:

a. The weight of carbon delivered to the plant.

b. Estimate the average carbon mass feed rate in kilograms per hour or pounds per hour for each hour of operation for each affected facility based on the parameters specified under subd. 1. , and sum the results for all affected facilities at the plant for the total number of hours of operation during the calendar quarter.

(13)   Reporting and recordkeeping requirements.

(a) The owner or operator of an affected facility with a capacity to combust greater than 250 tons per day shall submit, on or before the date the application for a construction permit is submitted under ch. NR 405 or 408 , the following items:

1. The preliminary and final draft materials separation plans required by sub. (11) (a) 1. and 5.

2. A copy of the notification of the public meeting required by sub. (11) (a) 1. b.

3. A transcript of the public meeting required by sub. (11) (a) 2.

4. A copy of the document summarizing responses to public comments required by sub. (11) (a) 3.

(b) The owner or operator of an affected facility with a capacity to combust greater than 250 tons per day shall submit a notification of construction, which includes the following information:

1. Intent to construct.

2. Planned initial startup date.

3. The types of fuels that the owner or operator plans to combust in the affected facility.

4. The municipal waste combustor unit capacity, and supporting capacity calculations prepared in accordance with sub. (12) (j) .

5. All of the following documents associated with the siting requirements under sub. (11) (a) and (b) :

a. The siting analysis required by sub. (11) (b) 1. and 2.

b. The final materials separation plan for the affected facility required by sub. (11) (a) 10.

c. A copy of the notification of the public meeting required by sub. (11) (b) 3. b.

d. A transcript of the public meeting required by sub. (11) (b) 4.

e. A copy of the document summarizing responses to public comments required by sub. (11) (a) 9. and (b) 5.

(c) The owner or operator of an air curtain incinerator subject to the opacity limit under sub. (10) shall provide a notification of construction that includes the information specified in par. (b) 1. to 4.

(d) The owner or operator of an affected facility subject to the standards under subs. (3) to (9) and (11) shall maintain records of the following information, as applicable, for each affected facility for a period of at least 5 years:

1. The calendar date of each record.

2. The emission concentrations and parameters measured using continuous monitoring systems as follows:

a. The following measurements shall be recorded and be available for submittal to the department or review onsite by an inspector:

1) All 6-minute average opacity levels as specified under sub. (12) (c) .

2) All 1-hour average sulfur dioxide emission concentrations as specified under sub. (12) (e) .

3) All 1-hour average nitrogen oxides emission concentrations as specified under sub. (12) (h) .

4) All 1-hour average carbon monoxide emission concentrations, municipal waste combustor unit load measurements and particulate matter control device inlet temperatures as specified under sub. (12) (i) .

b. The following average concentrations and percent reductions, as applicable, shall be computed and recorded, and shall be available for submittal to the department or review on-site by an inspector.

1) All 24-hour daily geometric average sulfur dioxide emission concentrations and all 24-hour daily geometric average percent reductions in sulfur dioxide emissions as specified under sub. (12) (e) .

2) All 24-hour daily arithmetic average nitrogen oxides emission concentrations as specified under sub. (12) (h) .

3) All 4-hour block or 24-hour daily arithmetic average carbon monoxide emission concentrations, as applicable, as specified under sub. (12) (i) .

4) All 4-hour block arithmetic average municipal waste combustor unit load levels and particulate matter control device inlet temperatures as specified under sub. (12) (i) .

3. Identification of the calendar dates when any of the average emission concentrations, percent reductions or operating parameters recorded under subd. 2. b. , or the opacity levels recorded under subd. 2. a. 1) , are above the applicable limits, with reasons for such exceedances and a description of corrective actions taken.

4. For affected facilities that apply activated carbon for mercury or dioxin/furan control, the followings records:

a. The average carbon mass feed rate, in kilograms per hour or pounds per hour, estimated as required under sub. (12) (m) 1. a. during the initial mercury performance test and all subsequent annual performance tests, with supporting calculations.

b. The average carbon mass feed rate, in kilograms per hour or pounds per hour, estimated as required under sub. (12) (m) 1. b. during the initial dioxin/furan performance test and all subsequent annual performance tests, with supporting calculations.

c. The average carbon mass feed rate, in kilograms per hour or pounds per hour estimated for each hour of operation as required under sub. (12) (m) 3. b. , with supporting calculations.

d. The total carbon usage for each calendar quarter estimated as specified by sub. (12) (m) 3. , with supporting calculations.

e. Carbon injection system operating parameter data for the parameters that are the primary indicators of carbon feed rate, for example, screw feeder speed.

6. Identification of the calendar dates for which the minimum number of hours of any of the following have not been obtained including reasons for not obtaining sufficient data and a description of corrective actions taken:

a. Sulfur dioxide emissions data.

b. Nitrogen oxides emissions data.

c. Carbon monoxide emissions data.

d. Municipal waste combustor unit load data.

e. Particulate matter control device temperature data.

7. Identification of each occurrence that sulfur dioxide emissions data, nitrogen oxides emissions data for large municipal waste combustors or operational data, that is, carbon monoxide emissions, unit load, and particulate matter control device temperature, have been excluded from the calculation of average emission concentrations or parameters, and the reasons for excluding the data.

8. The results of daily drift tests and quarterly accuracy determinations for sulfur dioxide, nitrogen oxides and carbon monoxide continuous emission monitoring systems, as required under Procedure 1 of 40 CFR part 60 , Appendix F, incorporated by reference in s. NR 440.17 (1) .

9. The test reports documenting the results of all of the following tests along with supporting calculations:

a. The results of the initial performance test and all annual performance tests conducted to determine compliance with the particulate matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride and fugitive ash emission limits.

b. For the initial dioxin/furan performance test and all subsequent dioxin/furan performance tests recorded under subd. 9. a. , the maximum demonstrated municipal waste combustor unit load and maximum demonstrated particulate matter control device temperature for each particulate matter control device.

11. For each affected facility subject to the siting provisions under sub. (11) , the siting analysis, the final materials separation plan, a record of the location and date of the public meetings, and the documentation of the responses to public comments received at the public meetings.

12. The following records:

a. Records showing the names of the municipal waste combustor chief facility operator, shift supervisors and control room operators who have been provisionally certified by the American Society of Mechanical Engineers as required by sub. (8) (a) , including the dates of initial and renewal certifications and documentation of current certification.

b. Records showing the names of the municipal waste combustor chief facility operator, shift supervisors and control room operators who have been fully certified by the American Society of Mechanical Engineers or the department as required by sub. (8) (b) , including the dates of initial and renewal certifications and documentation of current certification.

c. Records showing the names of the municipal waste combustor chief facility operator, shift supervisors and control room operators who have completed the EPA or department approved municipal waste combustor operator training course as required by sub. (8) (d) , including documentation of training completion.

13. Records showing the names of persons who have completed a review of the operating manual as required by sub. (8) (f) , including the date of the initial review and subsequent annual reviews.

14. For affected facilities that apply activated carbon for mercury or dioxin/furan control, identification of the calendar dates when the average carbon mass feed rates recorded under subd. 4. c. were less than either of the hourly carbon feed rates estimated during performance tests for mercury or dioxin/furan emissions and recorded under subd. 4. a. and b. , respectively, with reasons for the feed rates and a description of corrective actions taken.

15. For affected facilities that apply activated carbon for mercury or dioxin/furan control, identification of the calendar dates when the carbon injection system operating parameters that are the primary indicators of carbon mass feed rate, for example, screw feeder speed, recorded under subd. 4. e. are below the levels estimated during the performance tests as specified in sub. (12) (m) 1. a. and b. , with reasons for the occurrences and a description of corrective actions taken.

(e) The owner or operator of an air curtain incinerator subject to the opacity limit under sub. (10) shall maintain records of results of the initial opacity performance test and subsequent performance tests required by sub. (12) (L) for a period of at least 5 years.

(f) The owner or operator of an affected facility shall submit all of the following information in the initial performance test report:

1. The initial performance test data as recorded under par. (d) 2. b. for the initial performance test for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load level, and particulate matter control device inlet temperature.

2. The test report documenting the initial performance test recorded under par. (d) 9. for particulate matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride and fugitive ash emissions.

3. The performance evaluation of the continuous emission monitoring system using the applicable performance specifications in 40 CFR part 60 , Appendix B, incorporated by reference in s. NR 440.17 (1) .

4. The maximum demonstrated municipal waste combustor unit load and maximum demonstrated particulate matter control device inlet temperatures established during the initial dioxin/furan performance test as recorded under par. (d) 9.

5. For affected facilities that apply activated carbon injection for mercury control, the average carbon mass feed rate recorded under par. (d) 4. a.

6. For those affected facilities that apply activated carbon injection for dioxin/furan control, the average carbon mass feed rate recorded under par. (d) 4. b.

(g) Following the first year of municipal combustor operation, the owner or operator of an affected facility shall submit an annual report including the following information, as applicable, no later than February 1 of each year following the calendar year in which the data were collected, except that once the unit is subject to permitting requirements under ch. NR 407 , the owner or operator of an affected facility shall submit the reports semiannually:

1. A summary of data collected for all pollutants and parameters regulated under this section, which includes all of the following information:

a. A list of the particulate matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride and fugitive ash emission levels achieved during the performance tests recorded under par. (d) 9.

b. A list of the highest emission level recorded for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load level and particulate matter control device inlet temperature based on the data recorded under par. (d) 2. b.

c. The highest opacity level measured, based on the data recorded under par. (d) 2. a. 1) .

d. The total number of days that the minimum number of hours of data for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load and particulate matter control device temperature data were not obtained based on the data recorded under par. (d) 6.

e. The total number of hours that data for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load and particulate matter control device temperature were excluded from the calculation of average emission concentrations or parameters based on the data recorded under par. (d) 7.

f. The types of data specified in subd. 1. a. to d. for the calendar year preceding the year being reported, in order to provide the department with a summary of the performance of the affected facility over a 2-year period.

g. Highlights of any emission or parameter levels that did not achieve the emission or parameter limits specified under this section.

2. A notification of intent to begin the reduced dioxin/furan performance testing schedule specified in sub. (12) (g) 5. c. during the following calendar year.

(h)

1. The owner or operator of an affected facility shall submit a semiannual report that includes all of the following information for any recorded pollutant or parameter that does not comply with the pollutant or parameter limit specified under this section, according to the schedule specified under subd. 2. :

a. The semiannual report shall include information recorded under par. (d) 3. for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load level, particulate matter control device inlet temperature and opacity.

b. For each date recorded as required by par. (d) 3. and reported as required by subd. 1. a. , the semiannual report shall include the sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load level, particulate matter control device inlet temperature and opacity data, as applicable, recorded under par. (d) 2. a. 1) and b., as applicable.

c. If the test reports recorded under par. (d) 9. document any particulate matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride or fugitive ash emission levels that were above the applicable pollutant limits, the semiannual report shall include a copy of the test report documenting the emission levels and the corrective actions taken.

d. The semiannual report shall include the information recorded under par. (d) 15. for the carbon injection system operating parameters that are the primary indicators of carbon mass feed rate.

e. For each operating date reported as required by subd. 1. d. , the semiannual report shall include the carbon feed rate data recorded under par. (d) 4. c.

2. Semiannual reports required by subd. 1. shall be submitted according to one of the following schedules:

a. If the data reported in accordance with subd. 1. were collected during the first calendar half, then the report shall be submitted by August 1 following the first calendar half.

b. If the data reported in accordance with subd. 1. were collected during the second calendar half, then the report shall be submitted by February 1 following the second calendar half.

(i) The owner or operator of an air curtain incinerator subject to the opacity limit under sub. (10) shall submit the results of the initial opacity performance test and all subsequent annual performance tests recorded under par. (e) . Annual performance tests shall be submitted by February 1 of the year following the year of the performance test.

(j) All reports specified under pars. (a) to (c) and (f) to (i) shall be submitted as a paper copy, postmarked on or before the submittal dates specified and maintained onsite as a paper copy for a period of 5 years.

(k) All records specified under pars. (d) and (e) shall be maintained onsite in either paper copy or computer-readable format, unless an alternative format is approved by the department.

(L) If the owner or operator of an affected facility would prefer a different annual or semiannual date for submitting the periodic reports required by pars. (g) , (h) and (i) , the dates may be changed by mutual agreement between the owner or operator and the department according to the procedures specified in s. NR 440.185 (3) .

History: CR 06-109 : cr. Register May 2008 No. 629 , eff. 6-1-08; corrections in (3) (e), (12) (g) 6. and (13) (d) 15. made under s. 13.92 (4) (b) 1. and 7. , Stats., Register May 2008 No. 629 .