Wis. Admin. Code Department of Natural Resources NR 440.218

Current through November 25, 2024

Section NR 440.218 - Hospital/medical/infectious waste incinerators for which construction is commenced after June 20, 1996

(1) APPLICABILITY.

(a) Except as provided in pars. (b) to (h), the affected facility to which this section applies is each individual hospital/medical/infectious waste incinerator (HMIWI) for which construction is commenced after June 20, 1996 or for which modification is commenced after March 16, 1998.

(b) A combustor is not subject to this section during periods when only pathological waste, low-level radioactive waste or chemotherapeutic waste is burned alone or in any combination, provided the owner or operator of the combustor does all of the following:

1. Notifies the department of an exemption claim.

2. Keeps records on a calendar quarter basis of the periods of time when only pathological waste, low-level radioactive waste or chemotherapeutic waste is burned alone or in any combination.

(c) Any co-fired combustor is not subject to this section if the owner or operator of the co-fired combustor does all of the following:

1. Notifies the department of an exemption claim.

2. Provides an estimate of the relative amounts of hospital waste, medical/infectious waste and other fuels and wastes to be combusted.

3. Keeps records on a calendar quarter basis of the weight of hospital waste and medical/infectious waste combusted and the weight of all other fuels and wastes combusted at the co-fired combustor.

(d) Any combustor 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.

(e) Any combustor which meets the applicability requirements under 40 CFR part 60, subpart Cb, or s. NR 440.215 or 440.216 is not subject to this section.

(f) Any pyrolysis unit is not subject to this section.

(g) Cement kilns firing hospital waste or medical/infectious waste are not subject to this section.

(h) Physical or operational changes made to an existing HMIWI solely for the purpose of complying with emission guidelines under 40 CFR part 60, subpart Ce, are not considered a modification and do not result in an existing HMIWI becoming subject to this section.

(j) Affected facilities subject to this section are not subject to the requirements of 40 CFR part 64 .

(L) Beginning September 15, 2000, affected facilities subject to this section shall operate pursuant to a permit issued under ch. NR 407.

Note: The federal rule, 40 CFR 60.50c(l), requires that an affected facility operate pursuant to an operating permit issued no later than the later of September 15, 2000 or the effective date of an EPA approved operating permit program under Title V of the Act (42 USC 7661 to 7661 f) and 40 CFR part 70. The department received final interim approval of its operating permit program on April 5, 1995 and full approval on November 30, 2001. Any permit issued to an affected facility prior to June 1, 2008, will contain references to the appropriate federal rule provisions of 40 CFR part 60 subpart Ec.

(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) "Batch HMIWI" means an HMIWI that is designed such that neither waste charging nor ash removal can occur during combustion.

(am) "Biologicals" means preparations made from living organisms and their products, including vaccines, cultures, etc., intended for use in diagnosing, immunizing or treating humans or animals or in research pertaining thereto.

(b) "Blood products" means any product derived from human blood, including blood plasma, platelets, red or white blood corpuscles and other derived licensed products, such as interferon, etc.

(bm) "Body fluids" means liquid emanating or derived from humans and limited to blood; dialysate; amniotic, cerebrospinal, synovial, pleural, peritoneal and pericardial fluids; and semen and vaginal secretions.

(c) "Bypass stack" means a device used for discharging combustion gases to avoid severe damage to the air pollution control device or other equipment.

(cm) "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.

(d) "Co-fired combustor" means a unit combusting hospital waste or medical/infectious waste or both with other fuels or wastes, for example, coal or municipal solid waste, and subject to an enforceable requirement limiting the unit to combusting a fuel feed stream, 10% or less of the weight of which is comprised, in aggregate, of hospital waste and medical/infectious waste as measured on a calendar quarter basis. For purposes of this definition, pathological waste, chemotherapeutic waste and low-level radioactive waste are considered "other" wastes when calculating the percentage of hospital waste and medical/infectious waste combusted.

(dm) "Continuous emission monitoring system" or "CEMS" means a monitoring system for continuously measuring and recording the emissions of a pollutant from an affected facility.

(e) "Continuous HMIWI" means an HMIWI that is designed to allow waste charging and ash removal during combustion.

(em) "Dioxin/furan" means the combined emissions of tetra- through octa-chlorinated dibenzo-para-dioxins and dibenzofurans, as measured by Method 23 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1).

(f) "Dry scrubber" means an add-on air pollution control system that injects dry alkaline sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to react with and neutralize acid gases in the HMIWI exhaust stream forming a dry powder material.

(fm) "Fabric filter" or "baghouse" means an add-on air pollution control system that removes particulate matter and nonvaporous metals emissions by passing flue gas through filter bags.

(g) "Facilities manager" means the individual in charge of purchasing, maintaining and operating the HMIWI or the owner's or operator's representative responsible for the management of the HMIWI. Alternative titles may include director of facilities or vice president of support services.

(gm) "High-air phase" means the stage of the batch operating cycle when the primary chamber reaches and maintains maximum operating temperatures.

(h) "Hospital" means any facility which has an organized medical staff, maintains at least 6 inpatient beds, and where the primary function of the institution is to provide diagnostic and therapeutic patient services and continuous nursing care primarily to human inpatients who are not related and who stay on average in excess of 24 hours per admission. This definition does not include facilities maintained for the sole purpose of providing nursing or convalescent care to human patients who generally are not acutely ill but who require continuing medical supervision.

(hm) "Hospital/medical/infectious waste incinerator" or "HMIWI" or "HMIWI unit" means any device that combusts any amount of hospital waste or medical/infectious waste.

(i) "Hospital/medical/infectious waste incinerator operator" or "HMIWI operator" means any person who operates, controls or supervises the day-to-day operation of an HMIWI.

(im) "Hospital waste" means discards generated at a hospital, except unused items returned to the manufacturer. The definition of hospital waste does not include human corpses, remains and anatomical parts that are intended for interment or cremation.

(j) "Infectious agent" means any organism, such as a virus or bacteria, that is capable of being communicated by invasion and multiplication in body tissues and capable of causing disease or adverse health impacts in humans.

(jm) "Intermittent HMIWI" means an HMIWI that is designed to allow waste charging, but not ash removal, during combustion.

(k) "Large HMIWI" means an HMIWI whose maximum design waste burning capacity is more than 500 pounds per hour, a continuous or intermittent HMIWI whose maximum charge rate is more than 500 pounds per hour or a batch HMIWI whose maximum charge rate is more than 4,000 pounds per day. A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 500 pounds per hour, or a batch HMIWI whose maximum charge rate is less than or equal to 4,000 pounds per day, is not a large HMIWI.

(km) "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)).

(L) "Malfunction" means any sudden, infrequent and not reasonably preventable failure of air pollution control equipment, process equipment or a process to operate in a normal or usual manner. Failures that are caused, in part, by poor maintenance or careless operation are not malfunctions. During periods of malfunction the operator shall operate within established parameters as much as possible, and monitoring of all applicable operating parameters shall continue until all waste has been combusted or until the malfunction ceases, whichever comes first.

(Lm) "Maximum charge rate" means the following:

1. For continuous and intermittent HMIWI, 110% of the lowest 3-hour average charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limits.

2. For batch HMIWI, 110% of the lowest daily charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limits.

(m) "Maximum design waste burning capacity" means the following:

1. For intermittent and continuous HMIWI,

C = PV x 15,000/8,500

where:

C is the HMIWI capacity, lb/hr

PV is the primary chamber volume, ft3

15,000 is the primary chamber heat release rate factor, Btu/ft3/hr

8,500 is the standard waste heating value, Btu/lb

2. For batch HMIWI,

C = PV x 4.5/8

where:

C is the HMIWI capacity, lb/hr

PV is the primary chamber volume, ft3

4.5 is the waste density, lb/ft3

8 is the typical hours of operation of a batch HMIWI, hours

(mm) "Maximum fabric filter inlet temperature" means 110% of the lowest 3-hour average temperature at the inlet to the fabric filter, taken at a minimum once every minute, measured during the most recent performance test demonstrating compliance with the dioxin/furan emission limit.

(n) "Maximum flue gas temperature" means 110% of the lowest 3-hour average temperature at the outlet from the wet scrubber, taken at a minimum once every minute, measured during the most recent performance test demonstrating compliance with the mercury emission limit.

(nm) "Medical/infectious waste" means any waste generated in the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals that are listed in subds. 1. to 7. Medical/infectious waste does not include hazardous waste identified or listed under the regulations in 40 CFR part 261 ; household waste as defined in 40 CFR 261.4(b) (1); ash from incineration of medical/infectious waste, once the incineration process has been completed; human corpses, remains, and anatomical parts that are intended for internment or cremation; and domestic sewage materials identified in 40 CFR 261.4(a) (1).

1. Cultures and stocks of infectious agents and associated biologicals, including cultures from medical and pathological laboratories; cultures and stocks of infectious agents from research and industrial laboratories; wastes from the production of biologicals; discarded live and attenuated vaccines; and culture dishes and devices used to transfer, inoculate and mix cultures.

2. Human pathological waste, including tissues, organs, and body parts and body fluids that are removed during surgery or autopsy, or other medical procedures, and specimens of body fluids and their containers.

3. Human blood and blood products including all of the following:

a. Liquid waste human blood.

b. Products of blood.

c. Items saturated or dripping with human blood.

d. Items that were saturated or dripping with human blood that are now caked with dried human blood; including serum, plasma, and other blood components, and their containers, which were used or intended for use in either patient care, testing and laboratory analysis or the development of pharmaceuticals. Intravenous bags are also include in this category.

4. Sharps that have been used in animal or human patient care or treatment or in medical, research or industrial laboratories, including hypodermic needles, syringes with or without the attached needle, pasteur pipettes, scalpel blades, blood vials, needles with attached tubing and culture dishes regardless of presence of infectious agents. Also included are other types of broken or unbroken glassware that were in contact with infectious agents, such as used slides and cover slips.

5. Animal waste including contaminated animal carcasses, body parts and bedding of animals that were known to have been exposed to infectious agents during research, including research in veterinary hospitals, production of biologicals or testing of pharmaceuticals.

6. Isolation wastes including biological waste and discarded materials contaminated with blood, excretions, exudates or secretions from humans who are isolated to protect others from certain highly communicable diseases, or isolated animals known to be infected with highly communicable diseases.

7. Unused sharps including the following unused, discarded sharps: hypodermic needles, suture needles, syringes and scalpel blades.

(o) "Medium HMIWI" means an HMIWI whose maximum design waste burning capacity is more than 200 pounds per hour but less than or equal to 500 pounds per hour, a continuous or intermittent HMIWI whose maximum charge rate is more than 200 pounds per hour but less than or equal to 500 pounds per hour, or a batch HMIWI whose maximum charge rate is more than 1,600 pounds per day but less than or equal to 4,000 pounds per day. A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour or more than 500 pounds per hour or a batch HMIWI whose maximum charge rate is more than 4,000 pounds per day or less than or equal to 1,600 pounds per day is not a medium HMIWI.

(om) "Minimum dioxin/furan sorbent flow rate" means 90% of the highest 3-hour average dioxin/furan sorbent flow rate, taken at a minimum once every hour, measured during the most recent performance test demonstrating compliance with the dioxin/furan emission limit.

(p) "Minimum mercury sorbent flow rate" means 90% of the highest 3-hour average mercury sorbent flow rate, taken at a minimum once every hour, measured during the most recent performance test demonstrating compliance with the mercury emission limit.

(pm) "Minimum hydrogen chloride sorbent flow rate" means 90% of the highest 3-hour average hydrogen chloride (HCl) sorbent flow rate, taken at a minimum once every hour, measured during the most recent performance test demonstrating compliance with the HCl emission limit.

(q) "Minimum horsepower or amperage" means 90% of the highest 3-hour average horsepower or amperage to the wet scrubber, taken at a minimum once every minute, measured during the most recent performance test demonstrating compliance with the applicable emission limits.

(qm) "Minimum pressure drop across the wet scrubber" means 90% of the highest 3-hour average pressure drop across the wet scrubber PM control device, taken at a minimum once every minute, measured during the most recent performance test demonstrating compliance with the PM emission limit.

(r) "Minimum scrubber liquor flow rate" means 90% of the highest 3-hour average liquor flow rate at the inlet to the wet scrubber, taken at a minimum once every minute, measured during the most recent performance test demonstrating compliance with all applicable emission limits.

(rm) "Minimum scrubber liquor pH" means 90% of the highest 3-hour average liquor pH at the inlet to the wet scrubber, taken at a minimum once every minute, measured during the most recent performance test demonstrating compliance with the HCl emission limit.

(s) "Minimum secondary chamber temperature" means 90% of the highest 3-hour average secondary chamber temperature, taken at a minimum once every minute, measured during the most recent performance test demonstrating compliance with the PM, CO or dioxin/furan emission limits.

(sm) "Modification" or "modified HMIWI" means any changes to an HMIWI unit after September 15, 1997 if the cumulative costs of the changes, over the life of the unit, exceed 50% of the original cost of the 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, or change in the method of operation of the unit which increases the amount of any air pollutant emitted by the unit for which standards have been established under section 111 or 129 of the Act (42 USC 7411 or 7429).

(t) "Operating day" means a 24-hour period between 12:00 midnight and the following midnight during which any amount of hospital waste or medical/infectious waste is combusted at any time in the HMIWI.

(tm) "Operation" means the period during which waste is combusted in the incinerator excluding periods of startup or shutdown.

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

(um) "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.

(v) "Primary chamber" means the chamber in an HMIWI that receives waste material, in which the waste is ignited, and from which ash is removed.

(vm) "Pyrolysis" means the endothermic gasification of hospital waste or medical/infectious waste using external energy.

(w) "Secondary chamber" means a component of the HMIWI that receives combustion gases from the primary chamber and in which the combustion process is completed.

(wm) "Shutdown" means the period of time after all waste has been combusted in the primary chamber. For continuous HMIWI, shutdown shall commence no less than 2 hours after the last charge to the incinerator. For intermittent HMIWI, shutdown shall commence no less than 4 hours after the last charge to the incinerator. For batch HMIWI, shutdown shall commence no less than 5 hours after the high-air phase of combustion has been completed.

(x) "Small HMIWI" means an HMIWI whose maximum design waste burning capacity is less than or equal to 200 pounds per hour, a continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour, or a batch HMIWI whose maximum charge rate is less than or equal to 1,600 pounds per day. A continuous or intermittent HMIWI whose maximum charge rate is more than 200 pounds per hour or a batch HMIWI whose maximum charge rate is more than 1,600 pounds per day is not a small HMIWI.

(xm) "Standard conditions" means a temperature of 205C and a pressure of 101.3 kilopascals.

(y) "Startup" means the period of time between the activation of the system and the first charge to the unit. For batch HMIWI, startup means the period of time between activation of the system and ignition of the waste.

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

(3) EMISSION LIMITS.

(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, whichever date comes first, no owner or operator of an affected facility may cause to be discharged into the atmosphere from that affected facility any gases that contain stack emissions in excess of the limits presented in Table 1.

(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, whichever date comes first, no owner or operator of an affected facility may cause to be discharged into the atmosphere from the stack of that affected facility any gases that exhibit greater than 10% opacity, 6-minute block 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, whichever date comes first, no owner or operator of an affected facility utilizing a large HMIWI may cause to be discharged into 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 Method 22 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), except as provided in pars. (d) and (e).

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

(e) The provisions specified in par. (c) do not apply during maintenance and repair of ash conveying systems. Maintenance or repair or both may not exceed 10 operating days per calendar quarter unless the owner or operator obtains written approval from the department establishing a date whereby all necessary maintenance and repairs of ash conveying systems shall be completed.

(4) OPERATOR TRAINING AND QUALIFICATION REQUIREMENTS.

(a) No owner or operator of an affected facility may allow the affected facility to operate at any time unless a fully trained and qualified HMIWI operator is accessible, either at the facility or available within one hour. The trained and qualified HMIWI operator may operate the HMIWI directly or be the direct supervisor of one or more HMIWI operators.

(b) Operator training and qualification shall be obtained through ch. NR 499 or by completing all of the requirements included in pars. (c) to (g).

(c) Training shall be obtained by completing an HMIWI operator training course that includes, at a minimum, all of the following provisions:

1. Twenty four hours of training on the following subjects:

a. Environmental concerns, including pathogen destruction and types of emissions.

b. Basic combustion principles, including products of combustion.

c. Operation of the type of incinerator to be used by the operator, including proper startup, waste charging and shutdown procedures.

d. Combustion controls and monitoring.

e. Operation of air pollution control equipment and factors affecting performance, if applicable.

f. Methods to monitor pollutants (continuous emission monitoring systems and monitoring of HMIWI and air pollution control device operating parameters) and equipment calibration procedures, where applicable.

g. Inspection and maintenance of the HMIWI, air pollution control devices and continuous emission monitoring systems.

h. Actions to correct malfunctions or conditions that may lead to malfunction.

i. Bottom and fly ash characteristics and handling procedures.

j. Applicable federal, state and local regulations.

k. Work safety procedures.

L. Pre-startup inspections.

m. Recordkeeping requirements.

2. An examination designed and administered by the instructor.

3. Reference material distributed to the attendees covering the course topics.

(d) Qualification shall be obtained by satisfying all of the following:

1. Completion of a training course that satisfies the criteria under par. (c).

2. Either 6 months experience as an HMIWI operator, 6 months experience as a direct supervisor of an HMIWI operator, or completion of at least 2 burn cycles under the observation of 2 qualified HMIWI operators.

(e) Qualification is valid from the date on which the examination is passed or the completion of the required experience, whichever is later.

(f) To maintain qualification, the trained and qualified HMIWI operator shall complete and pass an annual review or refresher course of at least 4 hours covering, at a minimum, all of the following:

1. Update of regulations.

2. Incinerator operation, including startup and shutdown procedures.

3. Inspection and maintenance.

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

5. Discussion of operating problems encountered by attendees.

(g) A lapsed qualification shall be renewed by one of the following methods:

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

2. For a lapse of 3 years or more, the HMIWI operator shall complete and pass a training course with the minimum criteria described in par. (c).

(h) The owner or operator of an affected facility shall maintain documentation at the facility that addresses all of the following:

1. Summary of the applicable standards under this section.

2. Description of basic combustion theory applicable to an HMIWI.

3. Procedures for receiving, handling and charging waste.

4. HMIWI startup, shutdown and malfunction procedures.

5. Procedures for maintaining proper combustion air supply levels.

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

7. Procedures for responding to periodic malfunction or conditions that may lead to malfunction.

8. Procedures for monitoring HMIWI emissions.

9. Reporting and recordkeeping procedures.

10. Procedures for handling ash.

(i) The owner or operator of an affected facility shall establish a program for reviewing the information listed in par. (h) annually with each HMIWI operator as follows:

1. The initial review of the information listed in par. (h) shall be conducted within 6 months after the effective date of this section or prior to assumption of responsibilities affecting HMIWI operation, whichever date is later.

2. Subsequent reviews of the information listed in par. (h) shall be conducted annually.

(j) The information listed in par. (h) shall be kept in a readily accessible location for all HMIWI operators. This information, along with records of training, shall be available for inspection by the EPA or department upon request.

(5) SITING REQUIREMENTS.

(a) The owner or operator of an affected facility for which construction is commenced after September 15, 1997 shall prepare an analysis of the impacts of the affected facility. The 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.

(b) Analyses of facility impacts prepared to comply with state, local or other federal regulatory requirements may be used to satisfy the requirements of this subsection, as long as they include the consideration of air pollution control alternatives specified in par. (a).

(c) The owner or operator of the affected facility shall complete and submit the siting requirements of this section as required under sub. (9) (a) 1. c.

(6) WASTE MANAGEMENT PLAN. The owner or operator of an affected facility shall prepare a waste management plan. The waste management plan shall identify both the feasibility and the approach to separate certain components of solid waste from the health care waste stream in order to reduce the amount of toxic emissions from incinerated waste. A waste management plan may include, but is not limited to, elements such as paper, cardboard, plastics, glass, battery or metal recycling; or purchasing recycled or recyclable products. A waste management plan may include different goals or approaches for different areas or departments of the facility and need not include new waste management goals for every waste stream. It should identify, where possible, reasonably available additional waste management measures, taking into account the effectiveness of waste management measures already in place, the costs of additional measures, the emission reductions expected to be achieved and any other environmental or energy impacts they might have. The American Hospital Association publication entitled "An Ounce of Prevention: Waste Reduction Strategies for Health Care Facilities", incorporated by reference in s. NR 440.17(2) (L) 1., shall be considered in the development of the waste management plan.

(7) COMPLIANCE AND PERFORMANCE TESTING.

(a) The emission limits under this section apply at all times except during periods of startup, shutdown or malfunction, provided that no hospital waste or medical/infectious waste is charged to the affected facility during startup, shutdown or malfunction.

(b) The owner or operator of an affected facility shall conduct an initial performance test as required under s. NR 440.08 to determine compliance with the emission limits using the procedures and test methods listed in subds. 1. to 12. The use of the bypass stack during a performance test shall invalidate the performance test. The procedures and test methods are as follows:

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

2. The minimum sample time shall be one hour per test run unless otherwise indicated.

3. 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.

4. Method 3, 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 3, 3A or 3B shall be used simultaneously with each reference method.

5. The pollutant concentrations shall be adjusted to 7% oxygen using the following equation:

See PDF for diagram

where:

Cadj is the pollutant concentration adjusted to 7% oxygen.

Cmeas is the pollutant concentration measured on a dry basis

(20.9 - 7) is 20.9% oxygen - 7% oxygen, the defined oxygen correction basis

20.9 is the oxygen concentration in air, percent

%O2 is the oxygen concentration measured on a dry basis, percent

6. Method 5 or 29 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), shall be used to measure the particulate matter emissions.

7. Method 9 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), shall be used to measure stack opacity.

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

9. Method 23 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), shall be used to measure total dioxin/furan emissions. The minimum sample time shall be 4 hours per test run. If the affected facility has selected the toxic equivalency standards for dioxin/furan, under sub. (3), the following procedures shall be used to determine compliance:

a. Measure the concentration of each dioxin/furan tetra- through octa- congener emitted using Method 23.

b. For each dioxin/furan congener measured in accordance with subd. 9. a., multiply the congener concentration by its corresponding toxic equivalency factor specified in Table 2.

c. Sum the products calculated in accordance with subd. 9. b. to obtain the total concentration of dioxin/furan emitted in terms of toxic equivalency.

10. Method 26 or 26A of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), shall be used to measure hydrogen chloride emissions. If the affected facility has selected the percentage reduction standards for hydrogen chloride under sub. (3), the percentage reduction in hydrogen chloride emissions (%RHCl) shall be computed using the following formula:

See PDF for diagram

where:

%RHCl is the percentage reduction of hydrogen chloride emissions achieved

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

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

11. Method 29 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), shall be used to measure lead, cadmium and mercury emissions. If the affected facility has selected the percentage reduction standards for metals under sub. (3), the percentage reduction in emissions (%Rmetal) shall be computed using the following formula:

See PDF for diagram

where:

%Rmetal is the percentage reduction of metal emission of lead, cadmium or mercury achieved

Ei is the metal emission concentration of lead, cadmium or mercury, measured at the control device inlet, corrected to 7% oxygen, dry basis

Eo is the metal emission concentration of lead, cadmium or mercury, measured at the control device outlet, corrected to 7% oxygen, dry basis

12. Method 22 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), shall be used to determine compliance with the fugitive ash emission limit under sub. (3) (c). The minimum observation time shall be a series of 3 1-hour observations.

(c) Following the date on which the initial performance test is completed or is required to be completed under s. NR 440.08, whichever date comes first, the owner or operator of an affected facility shall do the following, as applicable:

1. Determine compliance with the opacity limit by conducting an annual performance test, no more than 12 months following the previous performance test, using the applicable procedures and test methods listed in par. (b).

2. Determine compliance with the particulate matter, carbon monoxide and hydrogen chloride emission limits by conducting an annual performance test, no more than 12 months following the previous performance test, using the applicable procedures and test methods listed in par. (b). If all 3 performance tests over a 3-year period indicate compliance with the emission limit for a pollutant (particulate matter, carbon monoxide or hydrogen chloride), the owner or operator may forego a performance test for that pollutant for the subsequent 2 years. At a minimum, a performance test for particulate matter, carbon monoxide and hydrogen chloride shall be conducted every third year, no more than 36 months following the previous performance test. If a performance test conducted every third year indicates compliance with the emission limit for a pollutant (particulate matter, carbon monoxide or hydrogen chloride), the owner or operator may forego a performance test for that pollutant for an additional 2 years. If any performance test indicates noncompliance with the respective emission limit, a performance test for that pollutant shall be conducted annually until all annual performance tests over a 3-year period indicate compliance with the emission limit. The use of the bypass stack during a performance test shall invalidate the performance test.

3. For large HMIWI, determine compliance with the visible emission limits for fugitive emissions from flyash/bottom ash storage and handling by conducting a performance test using Method 22 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), on an annual basis, no more than 12 months following the previous performance test.

4. Facilities using a CEMS to demonstrate compliance with any of the emission limits under sub. (3) shall do both of the following:

a. Determine compliance with the appropriate emission limits using a 12-hour rolling average, calculated each hour as the average of the previous 12 operating hours, not including startup, shutdown or malfunction.

b. Operate all CEMS in accordance with the applicable procedures under 40 CFR part 60, Appendices B and F, incorporated by reference in s. NR 440.17(1).

(d) The owner or operator of an affected facility equipped with a dry scrubber followed by a fabric filter, a wet scrubber, or a dry scrubber followed by a fabric filter and wet scrubber shall do both of the following:

1. Establish the appropriate maximum and minimum operating parameters, indicated in Table 3 for each control system, as site specific operating parameters during the initial performance test to determine compliance with the emission limits.

2. Following the date on which the initial performance test is completed or is required to be completed under s. NR 440.08, whichever date comes first, ensure that the affected facility does not operate above any of the applicable maximum operating parameters or below any of the applicable minimum operating parameters listed in Table 3 and measured as 3-hour rolling averages, calculated each hour as the average of the previous 3 operating hours, at all times except during periods of startup, shutdown and malfunction. Operating parameter limits do not apply during performance tests. Operation above the established maximum or below the established minimum operating parameters shall constitute a violation of established operating parameters.

(e) Except as provided in par. (h), the following shall constitute a violation of the emission limit indicated for affected facilities equipped with a dry scrubber followed by a fabric filter:

1. Operation of the affected facility above the maximum charge rate and below the minimum secondary chamber temperature, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the carbon monoxide emission limit.

2. Operation of the affected facility above the maximum fabric filter inlet temperature, above the maximum charge rate, and below the minimum dioxin/furan sorbent flow rate, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the dioxin/furan emission limit.

3. Operation of the affected facility above the maximum charge rate and below the minimum hydrogen chloride sorbent flow rate, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the hydrogen chloride emission limit.

4. Operation of the affected facility above the maximum charge rate and below the minimum mercury sorbent flow rate, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the mercury emission limit.

5. Use of the bypass stack, except during startup, shutdown or malfunction, shall constitute a violation of the particulate matter, dioxin/furan, hydrogen chloride, lead, cadmium and mercury emission limits.

(f) Except as provided in par. (h), the following shall constitute a violation of the emission limit indicated for affected facilities equipped with a wet scrubber:

1. Operation of the affected facility above the maximum charge rate and below the minimum pressure drop across the wet scrubber or below the minimum horsepower or amperage to the system, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the particulate matter emission limit.

2. Operation of the affected facility above the maximum charge rate and below the minimum secondary chamber temperature, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the carbon monoxide emission limit.

3. Operation of the affected facility above the maximum charge rate, below the minimum secondary chamber temperature, and below the minimum scrubber liquor flow rate, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the dioxin/furan emission limit.

4. Operation of the affected facility above the maximum charge rate and below the minimum scrubber liquor pH, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the hydrogen chloride emission limit.

5. Operation of the affected facility above the maximum flue gas temperature and above the maximum charge rate, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the mercury emission limit.

6. Use of the bypass stack, except during startup, shutdown or malfunction, shall constitute a violation of the particulate matter, dioxin/furan, hydrogen chloride, lead, cadmium and mercury emission limits.

(g) Except as provided in par. (h), the following shall constitute a violation of the emission limit indicated for affected facilities equipped with a dry scrubber followed by a fabric filter and a wet scrubber:

3. Operation of the affected facility above the maximum charge rate and below the minimum scrubber liquor pH, each measured on a 3-hour rolling average, simultaneously shall constitute a violation of the hydrogen chloride emission limit.

(h) The owner or operator of an affected facility may conduct a repeat performance test within 30 days of violation of an applicable operating parameter to demonstrate that the affected facility is not in violation of the applicable emission limits. Repeat performance tests conducted pursuant to this paragraph shall be conducted using the identical operating parameters that indicated a violation under par. (e), (f) or (g).

(i) The owner or operator of an affected facility using an air pollution control device other than a dry scrubber followed by a fabric filter, a wet scrubber, or a dry scrubber followed by a fabric filter and a wet scrubber to comply with the emission limits under sub. (3) shall petition the administrator for other site-specific operating parameters to be established during the initial performance test and continuously monitored thereafter. The owner or operator may not conduct the initial performance test until after the petition has been approved by the administrator.

(j) The owner or operator of an affected facility may conduct a repeat performance test at any time to establish new values for the operating parameters. The department may request a repeat performance test at any time.

(8) MONITORING REQUIREMENTS.

(a) The owner or operator of an affected facility shall install, calibrate to manufacturers' specifications, maintain and operate devices, or establish methods, for monitoring the applicable maximum and minimum operating parameters listed in Table 3 such that these devices or methods measure and record values for these operating parameters at the frequencies indicated in Table 3 at all times except during periods of startup and shutdown.

(b) The owner or operator of an affected facility shall install, calibrate to manufacturers' specifications, maintain and operate a device, or establish a method, for measuring the use of the bypass stack including date, time and duration.

(c) The owner or operator of an affected facility using something other than a dry scrubber followed by a fabric filter, a wet scrubber, or a dry scrubber followed by a fabric filter and a wet scrubber to comply with the emission limits under sub. (3) shall install, calibrate to the manufacturers' specifications, maintain and operate the equipment necessary to monitor the site-specific operating parameters developed pursuant to sub. (7) (i).

(d) The owner or operator of an affected facility shall obtain monitoring data at all times during HMIWI operation except during periods of monitoring equipment malfunction, calibration or repair. At a minimum, valid monitoring data shall be obtained for 75% of the operating hours per day and for 90% of the operating days per calendar quarter that the affected facility is combusting hospital waste, medical/infectious waste or both.

(9) REPORTING AND RECORDKEEPING REQUIREMENTS.

(a) The owner or operator of an affected facility shall submit notifications, as provided by s. NR 440.07. In addition, the owner or operator shall submit the following information:

1. Prior to commencement of construction, all of the following:

a. A statement of intent to construct.

b. The anticipated date of commencement of construction.

c. All documentation produced as a result of the siting requirements of sub. (5).

2. Prior to initial startup, all of the following:

a. The types of waste to be combusted.

b. The maximum design waste burning capacity.

c. The anticipated maximum charge rate.

d. If applicable, the petition for site-specific operating parameters under sub. (7) (i).

(b) The owner or operator of an affected facility shall maintain the following information, as applicable, for a period of at least 5 years:

1. Calendar date of each record.

2. Records of the following data:

a. Concentrations of any pollutant listed in sub. (3) or measurements of opacity as determined by the continuous emission monitoring system, if applicable.

b. Results of fugitive emissions tests by Method 22 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), if applicable.

c. HMIWI charge dates, times, and weights and hourly charge rates.

d. Fabric filter inlet temperatures during each minute of operation, as applicable.

e. Amount and type of dioxin/furan sorbent used during each hour of operation, as applicable.

f. Amount and type of mercury sorbent used during each hour of operation, as applicable.

g. Amount and type of hydrogen chloride sorbent used during each hour of operation, as applicable.

h. Secondary chamber temperatures recorded during each minute of operation.

i. Liquor flow rate to the wet scrubber inlet during each minute of operation, as applicable.

j. Horsepower or amperage to the wet scrubber during each minute of operation, as applicable.

k. Pressure drop across the wet scrubber system during each minute of operation, as applicable.

L. Temperature at the outlet from the wet scrubber during each minute of operation, as applicable.

m. pH at the inlet to the wet scrubber during each minute of operation, as applicable.

n. Records indicating use of the bypass stack, including dates, times and durations.

o. For affected facilities complying with subs. (7) (i) and (8) (c), records of all operating parameter data collected.

3. Identification of calendar days for which data on emission rates or operating parameters specified under subd. 2. have not been obtained, with an identification of the emission rates or operating parameters not measured, reasons for not obtaining the data and a description of corrective actions taken.

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

5. Identification of calendar days for which data on emission rates or operating parameters specified under subd. 2. exceeded the applicable limits, with a description of the exceedances, reasons for the exceedances, 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 parameters, as applicable.

7. All documentation produced as a result of the siting requirements of sub. (5).

8. Records showing the names of HMIWI operators who have completed review of the information in sub. (4) (h) as required by sub. (4) (i), including the date of the initial review and all subsequent annual reviews.

9. Records showing the names of the HMIWI operators who have completed the operator training requirements, including documentation of training and the dates of the training.

10. Records showing the names of the HMIWI operators who have met the criteria for qualification under sub. (4) and the dates of their qualification.

11. Records of calibration of any monitoring devices as required under sub. (8) (a), (b) and (c).

(c) The owner or operator of an affected facility 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 information to be submitted is as follows:

1. The initial performance test data as recorded under sub. (7) (b) 1. to 12., as applicable.

2. The values for the site-specific operating parameters established pursuant to sub. (7) (d) or (i), as applicable.

3. The waste management plan as specified in sub. (6).

(d) An annual report shall be submitted one year following the submission of the information in par. (c) and subsequent reports shall be submitted no more than 12 months following the previous report, except that once the unit is subject to permitting requirements under ch. NR 407, the owner or operator of an affected facility shall submit these reports semiannually. The annual report shall be signed by the facility's manager and shall include all of the following information:

1. The values for the site-specific operating parameters established pursuant to sub. (7) (d) or (i), as applicable.

2. The highest maximum operating parameter and the lowest minimum operating parameter, as applicable, for each operating parameter recorded for the calendar year being reported, pursuant to sub. (7) (d) or (i), as applicable.

3. The highest maximum operating parameter and the lowest minimum operating parameter, as applicable, for each operating parameter recorded pursuant to sub. (7) (d) or (i) 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.

4. Any information recorded under par. (b) 3. to 5. for the calendar year being reported.

5. Any information recorded under par. (b) 3. to 5. 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.

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

7. If no exceedances or malfunctions were reported under par. (b) 3. to 5. for the calendar year being reported, a statement that no exceedances occurred during the reporting period.

8. Any use of the bypass stack, the duration, reason for malfunction and corrective action taken.

(e) The owner or operator of an affected facility shall submit semiannual reports containing any information recorded under par. (b) 3. to 5. no later than 60 days following the reporting period. The first semiannual reporting period ends 6 months following the submission of information in par. (c). Subsequent reports shall be submitted no later than 6 calendar months following the previous report. All reports shall be signed by the facilities manager.

(f) All records specified under par. (b) shall be maintained onsite in either paper copy or computer-readable format, unless an alternative format is approved by the department.

Table 1

Emission Limits For Small, Medium and Large HMIWI

Pollutant	Units (7% oxygen, dry basis)	Emission Limits
HMIWI Size
Small	Medium	Large
1. Particulate matter	Milligrams per dry standard cubic meter (grains per dry standard cubic foot)	69 (0.03)	34 (0.015)	34 (0.015)
2. Carbon monoxide	Parts per million by volume	40	40	40
3. Dioxins/furans	Nanograms per dry standard cubic meter total dioxins/furans (grains per billion dry standard cubic feet) or nanograms per dry standard cubic meter total dioxins/furans TEQ (grains per billion dry standard cubic feet)	125 (55) or 2.3 (1.0)	25 (11) or 0.6 (0.26)	25 (11) or 0.6 (0.26)
4. Hydrogen chloride	Parts per million or percent reduction	15 or 99%	15 or 99%	15 or 99%
5. Sulfur dioxide	Parts per million by volume	55	55	55
6. Nitrogen oxides	Parts per million by volume	250	250	250
7. Lead	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction	1.2 (0.52) or 70%	0.07 (0.03) or 98%	0.07 (0.03) or 98%
8. Cadmium	Milligrams per dry standard cubic (grains per thousand dry standard cubic feet) or percent reduction	0.16 (0.07) or 65%	0.04 (0.02) or 90%	0.04 (0.02) or 90%
9. Mercury	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction	0.55 (0.24) or 85%	0.55 (0.24) or 85%	0.55 (0.24) or 85%

Table 2

Toxic Equivalency Factors

Dioxin/furan Congener	Toxic Equivalency Factor
1. 2,3,7,8-tetrachlorinated dibenzo-p-dioxin	1
2. 1,2,3,7,8-pentachlorinated dibenzo-p-dioxin	0.5
3. 1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin	0.1
4. 1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin	0.1
5. 1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin	0.1
6. 1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin	0.01
7. octachlorinated dibenzo-p-dioxin	0.001
8. 2,3,7,8-tetrachlorinated dibenzofuran	0.1
9. 2,3,4,7,8-pentachlorinated dibenzofuran	0.5
10. 1,2,3,7,8-pentachlorinated dibenzofuran	0.05
11. 1,2,3,4,7,8-hexachlorinated dibenzofuran	0.1
12. 1,2,3,6,7,8-hexachlorinated dibenzofuran	0.1
13. 1,2,3,7,8,9-hexachlorinated dibenzofuran	0.1
14. 2,3,4,6,7,8-hexachlorinated dibenzofuran	0.1
15. 1,2,3,4,6,7,8-heptachlorinated dibenzofuran	0.01
16. 1,2,3,4,7,8,9-heptachlorinated dibenzofuran	0.01
17. Octachlorinated dibenzofuran	0.001

Table 3

Operating Parameters To Be Monitored And Minimum Measurement And Recording Frequencies

Operating Parameters To Be Monitored	Minimum Frequency		Control System
Data Measurement	Data Recording	Dry Scrubber Followed By Fabric Filter	Wet Scrubber	Dry Scrubber Followed By Fabric Filter AndWet Scrubber
1. Maximum operating parameters:
a. Maximum charge rate	Continuous	1 x hour	x	x	x
b. Maximum fabric filter inlet temperature	Continuous	1 x minute	x	x
c. Maximum flue gas temperature	Continuous	1 x minute	x	x
2. Minimum operating parameters:
a. Minimum secondary chamber temperature	Continuous	1 x minute	x	x	x
b. Minimum dioxin/furan sorbent flow rate	Hourly	1 x hour	x	x
c. Minimum HCl sorbent flow rate	Hourly	1 x hour	x	x	x
d. Minimum mercury (Hg) sorbent flow	Hourly	1 x hour	x	x
rate
e. Minimum pressure drop across the wet	Continuous	1 x minute	x
scrubber or minimum horsepower or
amperage to wet scrubber
f. Minimum scrubber liquor flow rate	Continuous	1 x minute	x	x
g. Minimum scrubber liquor pH	Continuous	1 x minute	x	x

Wis. Admin. Code Department of Natural Resources NR 440.218

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