Section 440.77. Commercial and Industrial Solid Waste Incineration Units for Which Construction is Commenced After November 30, 1999 or for Which Modification or Reconstruction is Commenced on or After June 1, 2001.

  This section establishes new source performance standards for commercial and industrial solid waste incineration (CISWI) units. Some of the requirements in this section apply to planning the CISWI unit, such as the preconstruction requirements in sub. (3) , and shall be completed even before construction is initiated on the CISWI unit. Other requirements, such as the emission limitations and operating limits, apply after the CISWI unit begins operation.

(1)   Applicability.

(a) Does this section apply to my incineration unit? This section applies if your incineration unit meets all of the following requirements:

1. Your incineration unit is a new incineration unit as specified in par. (b) .

2. Your incineration unit is a CISWI unit as defined in sub. (2) .

3. Your incineration unit is not exempt under par. (c) .

(b) What is a new incineration unit?

1. A new incineration unit is an incineration unit that meets either of the following 2 criteria:

a. Construction on the unit commenced after November 30, 1999.

b. Reconstruction or modification of the unit commenced on or after June 1, 2001.

2. This section does not affect your incineration unit if you make physical or operational changes to your incineration unit primarily to comply with the emission guidelines in subpart DDDD of 40 CFR part 60 . Those changes do not qualify as reconstruction or modification under this section.

(c) What combustion units are exempt from this section? The following 15 types of units are exempt from this section:

1. `Pathological waste incineration units.' Incineration units burning 90% or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of pathological waste, low-level radioactive waste or chemotherapeutic waste, as defined in sub. (2) , if you meet the following 2 requirements:

a. Notify the department that the unit meets the criteria of this subdivision.

b. Keep records on a calendar quarter basis of the weight of pathological waste, low-level radioactive waste and chemotherapeutic waste burned, and the weight of all other fuels and wastes burned in the unit.

2. `Agricultural waste incineration units.' Incineration units burning 90% or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of agricultural wastes as defined in sub. (2) if you meet the following 2 requirements:

a. Notify the department that the unit meets the criteria of this subdivision.

b. Keep records on a calendar quarter basis of the weight of agricultural waste burned, and the weight of all other fuels and wastes burned in the unit.

3. `Municipal waste combustion units.' Incineration units that meet either of the following 2 criteria:

a. The units are regulated under s. NR 440.215 , 440.216 , 440.76 , 40 CFR part 60 subpart Cb (Emission Guidelines and Compliance Time for Large Municipal Combustors that are Constructed on or Before September 20, 1994) or 40 CFR part 60 subpart BBBB (Emission Guidelines for Existing Stationary Sources: Small Municipal Waste Combustion Units).

b. The units burn greater than 30% municipal solid waste or refuse-derived fuel, as defined in ss. NR 440.215 , 440.216 , 440.76 and 40 CFR part 60 subpart BBBB, and the units have the capacity to burn less than 35 tons (32 megagrams) per day of municipal solid waste or refuse-derived fuel, if you meet the following 2 requirements:

4. `Medical waste incineration units.' Incineration units regulated under s. NR 440.218 or 40 CFR part 60 subpart Ce (Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators).

5. `Small power production facilities.' Units that meet all of the following 3 requirements:

a. The unit qualifies as a small power-production facility under section 3 (17) (C) of the Federal Power Act (16 USC 796 (17) (C)) .

b. The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity.

c. You notify the department that the unit meets all of the criteria in this subdivision.

6. `Cogeneration facilities.' Units that meet all of the following 3 requirements:

a. The unit qualifies as a cogeneration facility under section 3 (18) (B) of the Federal Power Act (16 USC 796 (18) (B)) .

b. The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity and steam or other forms of energy used for industrial, commercial, heating or cooling purposes.

c. You notify the department that the unit meets all of the criteria in this subdivision.

7. `Hazardous waste combustion units.' Units that meet either of the following 2 criteria:

a. Units for which you are required to get a permit under section 3005 of the Solid Waste Disposal Act (42 USC 6925) or a license under s. 291.25 , Stats.

b. Units regulated under subpart EEE of 40 CFR part 63 (National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors).

8. `Materials recovery units.' Units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters.

9. `Air curtain incinerators.' Air curtain incinerators that burn only the following materials are only subject to sub. (13) :

a. 100% wood waste.

b. 100% clean lumber.

c. 100% mixture of only wood waste, clean lumber and yard waste.

10. `Cyclonic barrel burners.' Cyclonic barrel burners as defined in sub. (2) .

11. `Reclamation units.' Rack, part and drum reclamation units as the terms are defined in sub. (2) (s) , (q) and (Lm) .

12. `Cement kilns.' Kilns regulated under subpart LLL of 40 CFR part 63 (National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry).

13. `Sewage sludge incinerators.' Incineration units regulated under s. NR 440.32 .

14. `Chemical recovery units.' Combustion units burning materials to recover chemical constituents or to produce chemical compounds where there is an existing commercial market for the recovered chemical constituents or compounds. The following 7 types of units are considered chemical recovery units:

a. Units burning only pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery process and reused in the pulping process.

b. Units burning only spent sulfuric acid used to produce virgin sulfuric acid.

c. Units burning only wood or coal feedstock for the production of charcoal.

d. Units burning only manufacturing byproduct streams or residues containing catalyst metals which are reclaimed and reused as catalysts or used to produce commercial grade catalysts.

e. Units burning only coke to produce purified carbon monoxide that is used as an intermediate in the production of other chemical compounds.

f. Units burning only hydrocarbon liquids or solids to produce hydrogen, carbon monoxide, synthesis gas or other gases for use in other manufacturing processes.

g. Units burning only photographic film to recover silver.

15. `Laboratory analysis units.' Units that burn samples of materials for the purpose of chemical or physical analysis.

(d) What if my chemical recovery unit is not listed in par. (c) 14.?

1. If your chemical recovery unit is not listed in par. (c) 14. , you can petition the administrator to add your unit to the list as provided in 40 CFR 60.2025 .

2. Until the administrator approves your petition, the incineration unit is covered by this section.

3. If a petition is approved, the administrator will amend 40 CFR 60.2020 (n) to add the unit to the list of chemical recovery units and the department will add the unit to par. (c) 14.

(f) How are these new source performance standards structured? The new source performance standards in this section contain the following 11 major components:

1. Definitions.

2. Preconstruction siting analysis.

3. Waste management plan.

4. Operator training and qualification.

5. Emission limitations and operating limits.

6. Performance testing.

7. Initial compliance requirements.

8. Continuous compliance requirements.

9. Monitoring.

10. Recordkeeping and reporting.

11. Tables.

(g) Do all 11 components of these new source performance standards apply at the same time? No. You shall meet the preconstruction siting analysis and waste management plan requirements before you commence construction of the CISWI unit. The operator training and qualification, emission limitations, operating limits, performance testing and compliance, monitoring and most recordkeeping and reporting requirements are met after the CISWI unit begins operation.

(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) "Agricultural waste" means vegetative agricultural materials such as nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice and wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and grounds, and other vegetative waste materials generated as a result of agricultural operations.

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

(c) "Auxiliary fuel" means natural gas, liquified petroleum gas, fuel oil or diesel fuel.

(cm) "Bag leak detection system" means an instrument that is capable of monitoring particulate matter loadings in the exhaust of a fabric filter (that is, baghouse) in order to detect bag failures. A bag leak detection system includes an instrument that operates on triboelectric, light scattering, light transmittance or other principle to monitor relative particulate matter loadings.

(d) "Calendar quarter" means 3 consecutive months, nonoverlapping, beginning on: January 1, April 1, July 1 or October 1.

(e) "Chemotherapeutic waste" means waste material resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.

(f) "Clean lumber" means wood or wood products that have been cut or shaped and include wet, air-dried and kiln-dried wood products. Clean lumber does not include wood products that have been painted, pigment-stained or pressure-treated by compounds such as chromate copper arsenate, pentachlorophenol and creosote.

(g) "Commercial and industrial solid waste incineration unit" or "CISWI unit" means any combustion device that combusts commercial and industrial waste, as defined in this subsection. A CISWI unit includes the commercial or industrial solid waste fuel feed system, grate system, flue gas system and bottom ash. The CISWI unit does not include air pollution control equipment or the stack. The CISWI unit starts at the commercial and industrial solid waste hopper, if applicable, and extends through the following 2 areas:

1. The combustion unit flue gas system, which ends immediately after the last combustion chamber.

2. The combustion unit bottom ash system, which ends at the truck loading station or similar equipment that transfers the ash to final disposal. It includes all ash handling systems connected to the bottom ash handling system.

(h) "Commercial and industrial waste" means solid waste combusted in an enclosed device using controlled flame combustion without energy recovery that is a distinct operating unit of any commercial or industrial facility (including field-erected, modular and custom built incineration units operating with starved or excess air) or solid waste combusted in an air curtain incinerator without energy recovery that is a distinct operating unit of any commercial or industrial facility.

(i) "Contained gaseous material" means gases that are in a container when that container is combusted.

(im) "Cyclonic barrel burner" means a combustion device for waste materials that is attached to a 55 gallon, open-head drum. The device consists of a lid, which fits onto and encloses the drum, and a blower that forces combustion air into the drum in a cyclonic manner to enhance the mixing of waste material and air.

(j) "Deviation" means any instance in which an affected source subject to this section, or an owner or operator of such a source, fails to meet any of the following:

1. Any requirement or obligation established by this section, including any emission limitation, operating limit or operator qualification and accessibility requirements.

2. Any term or condition that is adopted to implement an applicable requirement in this section and that is included in the operating permit for any affected source required to obtain such a permit.

3. Any emission limitation, operating limit or operator qualification and accessibility requirement in this section during startup, shutdown or malfunction, regardless of whether or not such failure is permitted by this section.

(k) "Dioxins/furans" means tetra- to octa- chlorinated dibenzo-p-dioxins and dibenzofurans.

(L) "Discard" means, for purposes of this section only, burned in an incineration unit without energy recovery.

(Lm) "Drum reclamation unit" means a unit that burns residues out of drums (e.g., 55 gallon drums) so that the drums can be reused.

(m) "Energy recovery" means the process of recovering thermal energy from combustion for useful purposes such as steam generation or process heating.

(n) "Fabric filter" means an add-on air pollution control device used to capture particulate matter by filtering gas streams through filter media, also known as a baghouse.

(o) "Low-level radioactive waste" means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. Low-level radioactive waste is not high-level radioactive waste, spent nuclear fuel or byproduct material as defined by the Atomic Energy Act of 1954 ( 42 USC 2014 (e) (2)).

(p) "Modification" or "modified CISWI unit" means a CISWI unit you have changed later than June 1, 2001 and that meets one of the following 2 criteria:

1. The cumulative cost of the changes over the life of the unit exceeds 50% of the original cost of building and installing the CISWI unit (not including the cost of land) updated to current costs in dollars. To determine what systems are within the boundary of the CISWI unit used to calculate these costs, see the definition of CISWI unit.

2. Any physical change in the CISWI unit or change in the method of operating it that increases the amount of any air pollutant emitted for which section 129 or section 111 of the Act ( 42 USC 7429 or 7411 ) has established standards.

(q) "Part reclamation unit" means a unit that burns coatings off parts (e.g., tools or equipment) so that the parts can be reconditioned and reused.

(r) "Particulate matter" means total particulate matter emitted from CISWI units as measured by Method 5 or Method 29 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) .

(rm) "Pathological waste" means waste material consisting of only human or animal remains, anatomical parts or tissue; the bags or containers used to collect and transport the waste material; and animal bedding, if applicable.

(s) "Rack reclamation unit" means a unit that burns the coatings off racks used to hold small items for application of a coating. The unit burns the coating overspray off the rack so the rack can be reused.

(t) "Reconstruction" means rebuilding a CISWI unit and meeting the following 2 criteria:

1. The reconstruction begins on or after June 1, 2001.

2. The cumulative cost of the construction over the life of the incineration unit exceeds 50% of the original cost of building and installing the CISWI unit (not including land) updated to current costs in dollars. To determine what systems are within the boundary of the CISWI unit used to calculate these costs, see the definition of CISWI unit.

(u) "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 the following 2 fuels:

1. Low-density fluff refuse-derived fuel through densified refuse-derived fuel.

2. Pelletized refuse-derived fuel.

(um) "Shutdown" means the period of time after all waste has been combusted in the primary chamber.

(v) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining or agricultural operations and from community activities. Solid waste does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended ( 33 USC 1342 ), or source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended ( 42 USC 2014 ). For purposes of this section only, solid waste does not include the waste burned in the 15 types of units described in sub. (1) (c) .

(w) "Standard conditions", when referring to units of measure, means a temperature of 68 ° F (20 ° C) and a pressure of one atmosphere (101.3 kilopascals).

(x) "Startup period" means the period of time between the activation of the system and the first charge to the unit.

(xm) "Wet scrubber" means an add-on air pollution control device that utilizes an aqueous or alkaline scrubbing liquor to collect particulate matter, including nonvaporous metals and condensed organics, or to absorb and neutralize acid gases or both.

(y) "Wood waste" means untreated wood and untreated wood products including whole or chipped tree stumps, trees, whole or chipped tree limbs, bark, sawdust, chips, scraps, slabs, millings and shavings. Wood waste does not include any of the following:

1. Grass, grass clippings, bushes, shrubs and clippings from bushes and shrubs from residential, commercial or retail, institutional or industrial sources as part of maintaining yards or other private or public lands.

2. Construction, renovation or demolition wastes.

3. Clean lumber.

(z) "You" or "I" means the owner or operator of a commercial and industrial solid waste incineration unit or the applicant for a permit to construct a commercial and industrial solid waste incineration unit, unless the context indicates otherwise.

(zm) "Your" or "my" means of or relating to the owner or operator of a commercial and industrial solid waste incineration unit or the applicant for a permit to construct a commercial and industrial solid waste incineration unit, unless the context indicates otherwise.

(3)   Preconstruction siting analysis.

(a) Who must prepare a siting analysis?

1. You shall prepare a siting analysis if you plan to commence construction of a CISWI unit after December 1, 2000.

2. You shall prepare a siting analysis if you are required to submit an initial application for a construction permit under ch. NR 405 or 408 , as applicable, for the reconstruction or modification of your CISWI unit.

(b) What is a siting analysis and when must it be submitted?

1. The siting analysis shall consider air pollution control alternatives that minimize, on a site-specific basis, to the maximum extent practicable, potential risks to public health or the environment. In considering the alternatives, the analysis may consider costs, energy impacts, non-air environmental impacts or any other factors related to the practicability of the alternatives.

2. Analyses of your CISWI unit's impacts that are prepared to comply with state, local or other federal regulatory requirements may be used to satisfy the requirements of this paragraph, provided they include the consideration of air pollution control alternatives specified in subd. 1.

3. You shall complete and submit the siting requirements of this paragraph as required under sub. (11) (d) 3. prior to commencing construction.

(4)   Waste management plan.

(a) What is a waste management plan? A waste management plan is a written plan that identifies both the feasibility and the methods used to reduce or separate certain components of solid waste from the waste stream in order to reduce or eliminate toxic emissions from incinerated waste.

(b) When must I submit my waste management plan? You shall submit a waste management plan prior to commencing construction.

(c) What should I include in my waste management plan? A waste management plan shall include consideration of the reduction or separation of waste-stream elements such as paper, cardboard, plastics, glass, batteries or metals; or the use of recyclable materials. The plan shall identify any additional waste management measures and implement those measures you consider practical and feasible, considering the effectiveness of waste management measures already in place, the costs of additional measures, the emissions reductions expected to be achieved, and any other environmental or energy impacts they might have.

(5)   Operator training and qualification.

(a) What are the operator training and qualification requirements?

1. No CISWI unit may be operated unless a fully trained and qualified CISWI unit operator is accessible, either at the facility or can be at the facility within one hour. The trained and qualified CISWI unit operator may operate the CISWI unit directly or be the direct supervisor of one or more other plant personnel who operate the unit. If all qualified CISWI unit operators are temporarily not accessible, you shall follow the procedures in par. (g) .

2. Operator training and qualification shall be obtained through a state-approved program or by completing the requirements included in subd. 3.

3. Training shall be obtained by completing an incinerator operator training course that includes, at a minimum, the following 3 elements:

a. Training on the following 11 subjects:

b. An examination designed and administered by the instructor.

c. Written material covering the training course topics that may serve as reference material following completion of the course.

(b) When must the operator training course be completed? The operator training course shall be completed by the later of the following 3 dates:

1. Six months after startup of your CISWI unit.

2. December 3, 2001.

3. The date before an employee assumes responsibility for operating the CISWI unit or assumes responsibility for supervising the operation of the CISWI unit.

(c) How is operator qualification obtained?

1. The operator shall obtain operator qualification by completing a training course that satisfies the criteria under par. (a) 2.

2. Qualification is valid from the date on which the training course is completed and the operator successfully passes the examination required under par. (a) 3. b.

(d) How is operator qualification maintained? To maintain qualification, the operator shall complete an annual review or refresher course covering, at a minimum, the following 5 topics:

1. Update of regulations.

2. Incinerator operation, including startup and shutdown procedures, waste charging and ash handling.

3. Inspection and maintenance.

4. Responses to malfunctions or conditions that may lead to malfunction.

5. Discussion of operating problems encountered by attendees.

(e) How is a lapsed operator qualification renewed? The operator shall renew a lapsed operator qualification by one of the following 2 methods:

1. For a lapse of less than 3 years, the operator shall complete a standard annual refresher course described in par. (d) .

2. For a lapse of 3 years or more, the operator shall repeat the initial qualification requirements in par. (c) 1.

(f) What site-specific documentation is required?

1. Documentation shall be available at the facility and readily accessible for all CISWI unit operators that addresses the 10 topics described in this subdivision. You shall maintain this information and the training records required by subd. 3. in a manner that they can be readily accessed and are suitable for inspection upon request. The topics are as follows:

a. Summary of the applicable standards under this section.

b. Procedures for receiving, handling and charging waste.

c. Incinerator startup, shutdown and malfunction procedures.

d. Procedures for maintaining proper combustion air supply levels.

e. Procedures for operating the incinerator and associated air pollution control systems within the standards established under this section.

f. Monitoring procedures for demonstrating compliance with the incinerator operating limits.

g. Reporting and recordkeeping procedures.

h. The waste management plan required under sub. (4) .

i. Procedures for handling ash.

j. A list of the wastes burned during the performance test.

2. You shall establish a program for reviewing the information listed in subd. 1. with each incinerator operator according to the following schedule:

a. The initial review of the information listed in subd. 1. shall be conducted by July 30, 2001 or prior to an employee's assumption of responsibilities for operation of the CISWI unit, whichever date is later.

b. Subsequent annual reviews of the information listed in subd. 1. shall be conducted not later than 12 months following the previous review.

3. You shall also maintain the following information:

a. Records showing the names of CISWI unit operators who have completed review of the information in subd. 1. as required by subd. 2. , including the date of the initial review and all subsequent annual reviews.

b. Records showing the names of the CISWI unit operators who have completed the operator training requirements under par. (a) , met the criteria for qualification under par. (c) and maintained or renewed their qualification under par. (d) or (e) . Records shall include documentation of training, the dates of the initial and refresher training, and the dates of their qualification and all subsequent renewals of such qualifications.

c. For each qualified operator, the phone and pager number, if applicable, at which they can be reached during operating hours.

(g) What if all the qualified operators are temporarily not accessible? If all qualified operators are temporarily not accessible (i.e., not at the facility and not able to be at the facility within one hour) you shall meet one of the 2 criteria specified in subds. 1. and 2. , depending on the length of time that a qualified operator is not accessible:

1. When all qualified operators are not accessible for more than 8 hours, but less than 2 weeks, the CISWI unit may be operated by other plant personnel familiar with the operation of the CISWI unit who have completed a review of the information specified in par. (f) 1. within the past 12 months. However, you shall record the period when all qualified operators were not accessible and include this deviation in the annual report as specified under sub. (11) (h) .

2. When all qualified operators are not accessible for 2 weeks or more, you shall take the following 2 actions:

a. Notify the department of this deviation in writing within 10 days. In the notice, state what caused this deviation, what you are doing to ensure that a qualified operator is accessible, and when you anticipate that a qualified operator will be accessible.

b. Submit a status report to the department every 4 weeks outlining what you are doing to ensure that a qualified operator is accessible, stating when you anticipate that a qualified operator will be accessible and requesting approval from the department to continue operation of the CISWI unit. You shall submit the first status report 4 weeks after you notify the department of the deviation under subd. 2. a. If the department notifies you that your request to continue operation of the CISWI unit is disapproved, the CISWI unit may continue operation for 90 days, then shall cease operation. Operation of the unit may resume if you meet the following 2 requirements:

(6)   Emission limitations and operating limits.

(a) What emission limitations must I meet and by when? You shall meet the emission limitations specified in Table 1 of this section 60 days after your CISWI unit reaches the charge rate at which it will operate, but no later than 180 days after its initial startup.

(b) What operating limits must I meet and by when?

1. If you use a wet scrubber to comply with the emission limitations, you shall establish operating limits for the following 4 operating parameters (as specified in Table 2 of this section) during the initial performance test:

a. Maximum charge rate, calculated using one of the following 2 different procedures, as appropriate:

b. Minimum pressure drop across the wet scrubber, calculated as 90% of the average pressure drop across the wet scrubber measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations; or minimum amperage to the wet scrubber, calculated as 90% of the average amperage to the wet scrubber measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations.

c. Minimum scrubber liquor flow rate, calculated as 90% of the average liquor flow rate at the inlet to the wet scrubber measured during the most recent performance test demonstrating compliance with all applicable emission limitations.

d. Minimum scrubber liquor pH, which is calculated as 90% of the average liquor pH at the inlet to the wet scrubber measured during the most recent performance test demonstrating compliance with the HCl emission limitation.

2. You shall meet the operating limits established during the initial performance test 60 days after your CISWI unit reaches the charge rate at which it will operate, but no later than 180 days after its initial startup.

3. If you use a fabric filter to comply with the emission limitations, you shall operate each fabric filter system such that the bag leak detection system alarm does not sound more than 5% of the operating time during a 6-month period. In calculating this operating time percentage, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted. If corrective action is required, each alarm shall be counted as a minimum of one hour. If you take longer than one hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken by you to initiate corrective action.

(c) What if I do not use a wet scrubber or fabric filter to comply with the emission limitations? If you use an air pollution control device other than a wet scrubber or fabric filter, or limit emissions in some other manner, to comply with the emission limitations under par. (a) , you shall petition the department for specific operating limits to be established during the initial performance test and continuously monitored thereafter. You may not conduct the initial performance test until after the petition has been approved by the department. Your petition shall include the following 5 items:

1. Identification of the specific parameters you propose to use as additional operating limits.

2. A discussion of the relationship between these parameters and emissions of regulated pollutants, identifying how emissions of regulated pollutants change with changes in these parameters, and how limits on these parameters will serve to limit emissions of regulated pollutants.

3. A discussion of how you will establish the upper or lower values, or both, for these parameters which will establish the operating limits on these parameters.

4. A discussion identifying the methods you will use to measure and the instruments you will use to monitor these parameters, as well as the relative accuracy and precision of these methods and instruments.

5. A discussion identifying the frequency and methods for recalibrating the instruments you will use for monitoring these parameters.

(d) What happens during periods of startup, shutdown and malfunction?

1. The emission limitations and operating limits apply at all times except during CISWI unit startups, shutdowns or malfunctions.

2. Each malfunction may not last longer than 3 hours.

(7)   Performance testing.

(a) How do I conduct the initial and annual performance test?

1. All performance tests shall consist of a minimum of 3 test runs conducted under conditions representative of normal operations.

2. You shall document that the waste burned during the performance test is representative of the waste burned under normal operating conditions by maintaining a log of the quantity of waste burned (as required in sub. (11) (a) 2. a. ) and the types of waste burned during the performance test.

3. All performance tests shall be conducted using the minimum run duration specified in Table 1 of this section.

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

5. Method 3A or 3B of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , shall be used for gas composition analysis, including measurement of oxygen concentration. Method 3A or 3B shall be used simultaneously with each method.

6. All pollutant concentrations, except for opacity, shall be adjusted to 7% oxygen using the following equation:

7. You shall determine dioxins/furans toxic equivalency according to the following procedures:

a. Measure the concentration of each dioxin/furan tetra- to octachlorinated congener emitted using EPA Method 23 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) .

b. For each dioxin/furan tetra- to octachlorinated congener measured in accordance with subd. 7. a. , multiply the congener concentration by its corresponding toxic equivalency factor specified in Table 3 of this section.

c. Sum the products calculated in accordance with subd. 7. b. to obtain the total concentration of dioxins/furans emitted in terms of toxic equivalency.

(b) How are the performance test data used? You use the results of the performance tests to demonstrate compliance with the emission limitations in Table 1 of this section.

(8)   Initial compliance requirements.

(a) How do I demonstrate initial compliance with the emission limitations and establish the operating limits? You shall conduct an initial performance test, as required under s. NR 440.08 , to determine compliance with the emission limitations in Table 1 of this section and to establish operating limits using the procedure in sub. (6) (b) or (c) . The initial performance test shall be conducted using the test methods listed in Table 1 of this section and the procedures in sub. (7) (a) .

(b) By what date must I conduct the initial performance test? The initial performance test shall be conducted within 60 days after your CISWI unit reaches the charge rate at which it will operate, but no later than 180 days after its initial startup.

(9)   Continuous compliance requirements.

(a) How do I demonstrate continuous compliance with the emission limitations and the operating limits?

1. You shall conduct an annual performance test for particulate matter, hydrogen chloride and opacity for each CISWI unit as required under s. NR 440.08 to determine compliance with the emission limitations. The annual performance test shall be conducted using the test methods listed in Table 1 of this section and the procedures in sub. (7) (a) .

2. You shall continuously monitor the operating parameters specified in sub. (6) (b) or established under sub. (6) (c) . Operation above the established maximum or below the established minimum operating limits constitutes a deviation from the established operating limits. Three-hour rolling average values shall be used to determine compliance (except for baghouse leak detection system alarms) unless a different averaging period is established under sub. (6) (c) . Operating limits do not apply during performance tests.

3. You shall only burn the same types of waste used to establish operating limits during the performance test.

(b) By what date must I conduct the annual performance test? You shall conduct annual performance tests for particulate matter, hydrogen chloride and opacity within 12 months following the initial performance test. Subsequent annual performance tests shall be conducted within 12 months following the previous one.

(c) May I conduct performance testing less often?

1. You may test less often for a given pollutant if you have test data for at least 3 years, and all performance tests for the pollutant (particulate matter, hydrogen chloride or opacity) over 3 consecutive years show that you comply with the emission limitation. In this case, you do not have to conduct a performance test for that pollutant for the next 2 years. You shall conduct a performance test during the 3rd year and no later than 36 months following the previous performance test.

2. If your CISWI unit continues to meet the emission limitation for particulate matter, hydrogen chloride or opacity, you may choose to conduct performance tests for these pollutants every 3rd year, but each test shall be within 36 months of the previous performance test.

3. If a performance test shows a deviation from an emission limitation for particulate matter, hydrogen chloride or opacity, you shall conduct annual performance tests for that pollutant until all performance tests over a 3-year period show compliance.

(d) May I conduct a repeat performance test to establish new operating limits?

1. You may conduct a repeat performance test at any time to establish new values for the operating limits. The department may request a repeat performance test at any time.

2. You shall repeat the performance test if your feed stream is different than the feed streams used during any performance test used to demonstrate compliance.

(10)   Monitoring.

(a) What monitoring equipment must I install and what parameters must I monitor?

1. If you are using a wet scrubber to comply with the emission limitation under sub. (6) (a) , you shall install, calibrate to manufacturers' specifications, maintain and operate devices (or establish methods) for monitoring the value of the operating parameters used to determine compliance with the operating limits listed in Table 2 of this section. These devices or methods shall measure and record the values for these operating parameters at the frequencies indicated in Table 2 of this section at all times except as specified in par. (b) 1.

2. If you use a fabric filter to comply with the requirements of this section, you shall install, calibrate, maintain and continuously operate a bag leak detection system as follows:

a. You shall install and operate a bag leak detection system for each exhaust stack of the fabric filter.

b. Each bag leak detection system shall be installed, operated, calibrated and maintained in a manner consistent with the manufacturer's written specifications and recommendations.

c. The bag leak detection system shall be certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 10 milligrams per actual cubic meter or less.

d. The bag leak detection system sensor shall provide output of relative or absolute particulate matter loadings.

e. The bag leak detection system shall be equipped with a device to continuously record the output signal from the sensor.

f. The bag leak detection system shall be equipped with an alarm system that will sound automatically when an increase in relative particulate matter emissions over a preset level is detected. The alarm shall be located where it is easily heard by plant operating personnel.

g. For positive pressure fabric filter systems, a bag leak detection system shall be installed in each baghouse compartment or cell. For negative pressure or induced air fabric filters, the bag leak detector shall be installed downstream of the fabric filter.

h. Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors.

3. If you are using something other than a wet scrubber or fabric filter to comply with the emission limitations under sub. (6) (a) , you shall install, calibrate to the manufacturers' specifications and maintain and operate the equipment necessary to monitor compliance with the site-specific operating limits established using the procedures in sub. (6) (c) .

(b) Is there a minimum amount of monitoring data I must obtain?

1. Except for monitor malfunctions, associated repairs and required quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments of the monitoring system) you shall conduct all monitoring at all times the CISWI unit is operating.

2. You may not use data recorded during monitor malfunctions, associated repairs and required quality assurance or quality control activities for meeting the requirements of this section, including data averages and calculations. You shall use all the data collected during all other periods in assessing compliance with the operating limits.

(11)   Recordkeeping and reporting.

(a) What records must I keep? You shall maintain the following 14 items, as applicable, for a period of at least 5 years:

1. Calendar date of each record.

2. Records of the following data:

a. The CISWI unit charge dates, times, weights and hourly charge rates.

b. Liquor flow rate to the wet scrubber inlet every 15 minutes of operation, as applicable.

c. Pressure drop across the wet scrubber system every 15 minutes of operation or amperage to the wet scrubber every 15 minutes of operation, as applicable.

d. Liquor pH as introduced to the wet scrubber every 15 minutes of operation, as applicable.

e. For affected CISWI units that establish operating limits for controls other than wet scrubbers under sub. (6) (c) , data collected for all operating parameters used to determine compliance with the operating limits.

f. If a fabric filter is used to comply with the emission limitations, the date, time and duration of each alarm and the time corrective action was initiated and completed, and a brief description of the cause of the alarm and the corrective action taken. Also, you shall record the percent of operating time during each 6-month period that the alarm sounds, calculated as specified in sub. (6) (b) 3.

3. Identification of calendar dates and times for which monitoring systems used to monitor operating limits were inoperative, inactive, malfunctioning or out of control (except for downtime associated with zero and span and other routine calibration checks). Identify the operating parameters not measured, the duration, reasons for not obtaining the data and a description of corrective actions taken.

4. Identification of calendar dates, times and durations of malfunctions, and a description of the malfunction and the corrective action taken.

5. Identification of calendar dates and times for which data show a deviation from the operating limits in Table 2 of this section or a deviation from other operating limits established under sub. (6) (c) with a description of the deviations, reasons for such deviations, and a description of corrective actions taken.

6. The results of the initial, annual and any subsequent performance tests conducted to determine compliance with the emission limits or to establish operating limits, or both, as applicable. Retain a copy of the complete test report including calculations.

7. All documentation produced as a result of the siting requirements of sub. (3) .

8. Records showing the names of CISWI unit operators who have completed review of the information in sub. (5) (f) 1. as required by sub. (5) (f) 2. , including the date of the initial review and all subsequent annual reviews.

9. Records showing the names of the CISWI unit operators who have completed the operator training requirements under sub. (5) (a) , met the criteria for qualification under sub. (5) (c) , and maintained or renewed their qualification under sub. (5) (d) or (e) . Records shall include documentation of training, the dates of the initial and refresher training, and the dates of their qualification and all subsequent renewals of the qualifications.

10. For each qualified operator, the phone and pager number, if applicable, at which they can be reached during operating hours.

11. Records of calibration of any monitoring devices as required under sub. (10) (a) .

12. Equipment vendor specifications and related operation and maintenance requirements for the incinerator, emission controls and monitoring equipment.

13. The information listed in sub. (5) (f) 1.

14. On a daily basis, a log of the quantity of waste burned and the types of waste burned (always required).

(b) Where and in what format must I keep my records? All records shall be available onsite in either paper copy or computer-readable format that can be printed upon request, unless an alternative format is approved by the department.

(c) What reports must I submit? Table 4 of this section includes a summary of the reporting requirements.

(d) What must I submit prior to commencing construction? You shall submit a notification prior to commencing construction that includes the following 5 items:

1. A statement of intent to construct.

2. The anticipated date of commencement of construction.

3. All documentation produced as a result of the siting requirements of sub. (3) (b) .

4. The waste management plan as specified in sub. (4) .

5. Anticipated date of initial startup.

(e) What information must I submit prior to initial startup? You shall submit the following information prior to initial startup:

1. The type or types of waste to be burned.

2. The maximum design waste burning capacity.

3. The anticipated maximum charge rate.

4. If applicable, the petition for site-specific operating limits under sub. (6) (c) .

5. The anticipated date of initial startup.

(f) What information must I submit following my initial performance test? You shall submit the information specified in subds. 1. to 3. no later than 60 days following the initial performance test. All reports shall be signed by the facility's manager. The required information is as follows:

1. The complete test report for the initial performance test results obtained under sub. (8) (a) , as applicable.

2. The values for the site-specific operating limits established in sub. (6) (b) or (c) .

3. If you are using a fabric filter to comply with the emission limitations, documentation that a bag leak detection system has been installed and is being operated, calibrated and maintained as required by sub. (10) (a) 2.

(g) When must I submit my annual report? You shall submit an annual report no later than 12 months following the submission of the information in par. (f) . You shall submit subsequent reports no later than 12 months following the previous report.

(h) What information must I include in my annual report? The annual report required under par. (g) shall include the 10 items listed in subds. 1. to 10. If you have a deviation from the operating limits or the emission limitations, you shall also submit deviation reports as specified in pars. (i) , (j) and (k) .

1. Company name and address.

2. Statement by a responsible official, with that official's name, title and signature, certifying the accuracy of the content of the report.

3. Date of report and beginning and ending dates of the reporting period.

4. The values for the operating limits established pursuant to sub. (6) (b) or (c) .

5. If no deviation from any emission limitation or operating limit that applies to you has been reported, a statement that there was no deviation from the emission limitations or operating limits during the reporting period, and that no monitoring system used to determine compliance with the operating limits was inoperative, inactive, malfunctioning or out of control.

6. The highest recorded 3-hour average and the lowest recorded 3-hour average, as applicable, for each operating parameter recorded for the calendar year being reported.

7. Information recorded under par. (a) 2. f. and 3. to 5. for the calendar year being reported.

8. If a performance test was conducted during the reporting period, the results of that test.

9. If you met the requirements of sub. (9) (c) 1. or 2. , and did not conduct a performance test during the reporting period, you shall state that you met the requirements of sub. (9) (c) 1. or 2. , and therefore you were not required to conduct a performance test during the reporting period.

10. Documentation of periods when all qualified CISWI unit operators were unavailable for more than 8 hours, but less than 2 weeks.

(i) What else must I report if I have a deviation from the operating limits or the emission limitations?

1. You shall submit a deviation report if any recorded 3-hour average parameter level is above the maximum operating limit or below the minimum operating limit established under this section, if the bag leak detection system alarm sounds for more than 5% of the operating time for the 6-month reporting period, or if a performance test was conducted that showed an exceedance of any emission limitation.

2. The deviation report shall be submitted by August 1 of that year for data collected during the first half of the calendar year (January 1 to June 30) and by February 1 of the following year for data you collected during the second half of the calendar year (July 1 to December 31).

(j) What must I include in the deviation report? In each report required under par. (i) , for any pollutant or parameter that deviated from the emission limitations or operating limits specified in this section, include the following 6 items:

1. The calendar dates and times your unit deviated from the emission limitations or operating limit requirements.

2. The averaged and recorded data for those dates.

3. Durations and causes of each deviation from the emission limitations or operating limits and your corrective actions.

4. A copy of the operating limit monitoring data during each deviation and any test report that documents the emission levels.

5. The dates, times, number, duration and causes for monitor downtime incidents (other than downtime associated with zero, span and other routine calibration checks).

6. Whether each deviation occurred during a period of startup, shutdown or malfunction, or during another period.

(k) What else must I report if I have a deviation from the requirement to have a qualified operator accessible?

1. If all qualified operators are not accessible for 2 weeks or more, you shall take the following 2 actions:

a. Submit a notification of the deviation within 10 days that includes the following 3 items:

b. Submit a status report to the department every 4 weeks that includes the following 3 items:

2. If your unit was shut down by the department, under the provisions of sub. (5) (g) 2. b. , due to a failure to provide an accessible qualified operator, you shall notify the department that you are resuming operation once a qualified operator is accessible.

(L) Are there any other notifications or reports that I must submit? You shall also submit notifications as provided by s. NR 440.07 .

(m) In what form can I submit my reports? You shall submit initial, annual and deviation reports electronically or in paper format, postmarked on or before the submittal due dates.

(n) Can reporting dates be changed? If the administrator agrees, you may change the semiannual or annual reporting dates. Section NR 440.185 (3) establishes procedures to seek approval to change your reporting date.

(12)   Title v operating permits. Am I required to apply for and obtain a title V operating permit for my unit? Each CISWI unit shall operate pursuant to a part 70 source permit issued under ch. NR 407 .

(13)   Air curtain incinerators.

(a) What if I restrict the materials burned in an air curtain incinerator? Air curtain incinerators that burn only the following materials are only required to meet the requirements under this subsection:

1. 100% wood waste.

2. 100% clean lumber.

3. 100% mixture of only wood waste, clean lumber or yard waste.

(b) What are the emission limitations for air curtain incinerators?

1. Within 60 days after your air curtain incinerator reaches the charge rate at which it will operate, but no later than 180 days after its initial startup, you shall meet the following 2 limitations:

a. The opacity limitation is 10% (6-minute average) except as described in subd. 1. b.

b. The opacity limitation is 35% (6-minute average) during the startup period that is within the first 30 minutes of operation.

2. Except during malfunctions, the requirements of this subsection apply at all times, and each malfunction may not exceed 3 hours.

(c) How must I monitor opacity for air curtain incinerators?

1. You shall use Method 9 of 40 CFR part 60 , Appendix A, incorporated by reference in s. NR 440.17 (1) , to determine compliance with the opacity limitation.

2. You shall conduct an initial test for opacity as specified in s. NR 440.08 .

3. After the initial test for opacity, you shall conduct annual tests no more than 12 calendar months following the date of your previous test.

(d) What are the recordkeeping and reporting requirements for air curtain incinerators?

1. Prior to commencing construction on your air curtain incinerator, you shall submit the following 3 items:

a. Notification of your intent to construct the air curtain incinerator.

b. Your planned initial startup date.

c. Types of materials you plan to burn in your air curtain incinerator.

2. You shall keep records of the results of all initial and annual opacity tests onsite in either paper copy or electronic format, unless the department approves another format, for at least 5 years.

3. You shall make all records available for submittal to the department or for an inspector's onsite review.

4. You shall submit the results(each 6-minute average) of the initial opacity tests no later than 60 days following the initial test. You shall submit annual opacity test results within 12 months following the previous report.

5. You shall submit initial and annual opacity test reports as electronic or paper copy on or before the applicable submittal date.

6. You shall keep a copy of the initial and annual reports onsite for a period of 5 years. - See PDF for table

History: CR 06-109 : cr. Register May 2008 No. 629 , eff. 6-1-08.

Note

For purposes of this section "I", "my", "you" or "your", refers to the owner or operator of a commercial and industrial solid waste incineration unit or the applicant for a permit to construct a commercial and industrial solid waste incineration unit, unless the context indicates otherwise. (See the definitions in sub. (2) (z) and (zm)). Microsoft Windows NT 6.1.7601 Service Pack 1 1) Notify the department that the unit meets the criteria of this subdivision paragraph. Microsoft Windows NT 6.1.7601 Service Pack 1 2) Keep records on a calendar quarter basis of the weight of municipal solid waste burned, and the weight of all other fuels and wastes burned in the unit. Microsoft Windows NT 6.1.7601 Service Pack 1 Air curtain incinerators are not to be confused with conventional combustion devices with enclosed fireboxes and controlled air technology such as mass burn, modular and fluidized bed combustors. Microsoft Windows NT 6.1.7601 Service Pack 1 1) Environmental concerns, including types of emissions. Microsoft Windows NT 6.1.7601 Service Pack 1 2) Basic combustion principles, including products of combustion. Microsoft Windows NT 6.1.7601 Service Pack 1 3) Operation of the specific type of incinerator to be used by the operator, including proper startup, waste charging and shutdown procedures. Microsoft Windows NT 6.1.7601 Service Pack 1 4) Combustion controls and monitoring. Microsoft Windows NT 6.1.7601 Service Pack 1 5) Operation of air pollution control equipment and factors affecting performance, if applicable. Microsoft Windows NT 6.1.7601 Service Pack 1 6) Inspection and maintenance of the incinerator and air pollution control devices. Microsoft Windows NT 6.1.7601 Service Pack 1 7) Actions to correct malfunctions or conditions that may lead to malfunction. Microsoft Windows NT 6.1.7601 Service Pack 1 8) Bottom and fly ash characteristics and handling procedures. Microsoft Windows NT 6.1.7601 Service Pack 1 9) Applicable federal, state and local regulations, including occupational safety and health administration workplace standards. Microsoft Windows NT 6.1.7601 Service Pack 1 10) Pollution prevention. Microsoft Windows NT 6.1.7601 Service Pack 1 11) Waste management practices. Microsoft Windows NT 6.1.7601 Service Pack 1 1) A qualified operator is accessible as required under par. (a) 1. Microsoft Windows NT 6.1.7601 Service Pack 1 2) You notify the department that a qualified operator is accessible and that you are resuming operation. Microsoft Windows NT 6.1.7601 Service Pack 1 1) For continuous and intermittent units, the maximum charge rate is 110% of the average charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limitations. Microsoft Windows NT 6.1.7601 Service Pack 1 2) For batch units, the maximum charge rate is 110% of the daily charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limitations. Microsoft Windows NT 6.1.7601 Service Pack 1 - See PDF for diagram Microsoft Windows NT 6.1.7601 Service Pack 1 where: Microsoft Windows NT 6.1.7601 Service Pack 1 C adj is the pollutant concentration adjusted to 7% oxygen Microsoft Windows NT 6.1.7601 Service Pack 1 C meas is the pollutant concentration measured on a dry basis Microsoft Windows NT 6.1.7601 Service Pack 1 (20.9-7) is 20.9% oxygen - 7% oxygen (defined oxygen correction basis) Microsoft Windows NT 6.1.7601 Service Pack 1 20.9 is the oxygen concentration in air, expressed as percent Microsoft Windows NT 6.1.7601 Service Pack 1 %O 2 is the oxygen concentration measured on a dry basis, expressed as percent Microsoft Windows NT 6.1.7601 Service Pack 1 If the unit is subject to permitting requirements under Title V of the Act ( 42 USC 7661 to 7661f ), you may be required by the permit to submit these reports more frequently. Microsoft Windows NT 6.1.7601 Service Pack 1 1) A statement of what caused the deviation. Microsoft Windows NT 6.1.7601 Service Pack 1 2) A description of what you are doing to ensure that a qualified operator is accessible. Microsoft Windows NT 6.1.7601 Service Pack 1 3) The date when you anticipate that a qualified operator will be available. Microsoft Windows NT 6.1.7601 Service Pack 1 1) A description of what you are doing to ensure that a qualified operator is accessible. Microsoft Windows NT 6.1.7601 Service Pack 1 2) The date when you anticipate that a qualified operator will be accessible. Microsoft Windows NT 6.1.7601 Service Pack 1 3) A request for approval from the department to continue operation of the CISWI unit. Microsoft Windows NT 6.1.7601 Service Pack 1 a All emission limitations, except for opacity, are measured at 7% oxygen, dry basis at standard conditions. Microsoft Windows NT 6.1.7601 Service Pack 1 b The methods in Appendix A of 40 CFR part 60 are incorporated by reference in s. NR 440.17 (1) . - See PDF for table Microsoft Windows NT 6.1.7601 Service Pack 1 a Calculated each hour as the average of the previous 3 operating hours. Microsoft Windows NT 6.1.7601 Service Pack 1 - See PDF for table Microsoft Windows NT 6.1.7601 Service Pack 1 - See PDF for table Microsoft Windows NT 6.1.7601 Service Pack 1 a This table is only a summary. See the referenced sections of the rule for the complete requirements. Microsoft Windows NT 6.1.7601 Service Pack 1