Wis. Admin. Code Department of Natural Resources NR 440.76

Current through November 25, 2024

Section NR 440.76 - Small municipal waste combustion units for which construction is commenced after August 30, 1999 or for which modification or reconstruction is commenced after June 6, 2001

This section establishes new source performance standards for new small municipal waste combustion units. Some of the requirements in this section apply during municipal waste combustion unit planning and shall be completed before construction is commenced on the municipal waste combustion unit. In particular, the preconstruction requirements in subs. (3) and (4) shall be completed prior to commencing construction. Other requirements, such as the emission limits, apply when the municipal waste combustion unit begins operation.

Note: For purposes of this section "I", "my", "you" or "your", refers to the owner or operator of a municipal waste combustion unit or the applicant for a permit to construct a municipal waste combustion unit, unless the context indicates otherwise. (See the definitions in sub. (2) (z) and (zm).)

(1) APPLICABILITY.

(a)Does this section apply to my municipal waste combustion unit? This section applies if your municipal waste combustion unit meets the following 2 criteria:

1. Your municipal waste combustion unit is a new municipal waste combustion unit.

2. Your municipal waste combustion unit has the capacity to combust at least 35 tons per day but no more than 250 tons per day of municipal solid waste or refuse-derived fuel.

(b)What is a new municipal waste combustion unit?

1. A new municipal waste combustion unit is a municipal waste combustion unit that meets either of the following 2 criteria:

a. Commenced construction after August 30, 1999.

b. Commenced reconstruction or modification after June 6, 2001.

2. This section does not apply to your municipal waste combustion unit if you make physical or operational changes to an existing municipal waste combustion unit primarily to comply with the emission guidelines in subpart BBBB of 40 CFR part 60. Those changes do not qualify as reconstruction or modification under this section.

(c)Does this section allow any exemptions?

1. `Small municipal waste combustion units that combust less than 11 tons per day.' You are exempt from this section if you meet the following 4 requirements:

a. Your municipal waste combustion unit is subject to a federally enforceable permit limiting the amount of municipal solid waste combusted to less than 11 tons per day.

b. You notify the department that the unit qualifies for the exemption.

c. You provide the department with a copy of the federally enforceable permit.

Note: If the department issued the permit you may satisfy the requirement in subd. 1.c. by providing the department with your facility identification number and the number and date of issuance of the permit which limits the amount of municipal solid waste combusted.

d. You keep daily records of the amount of municipal solid waste combusted.

2. `Small power production facilities.' You are exempt from this section if you meet the following 4 requirements:

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

b. Your unit combusts homogeneous waste, excluding refuse-derived fuel, to produce electricity.

c. You notify the department that the unit qualifies for the exemption.

d. You provide the department with documentation that the unit qualifies for the exemption.

3. `Cogeneration facilities.' You are exempt from this section if you meet the following 4 requirements:

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

b. Your unit combusts homogeneous waste, excluding refuse-derived fuel, to produce electricity and steam or other forms of energy used for industrial, commercial, heating or cooling purposes.

c. You notify the department that the unit qualifies for the exemption.

d. You provide the department with documentation that the unit qualifies for the exemption.

4. `Municipal waste combustion units that combust only tires.' You are exempt from this section if you meet the following 3 requirements:

a. Your municipal waste combustion unit combusts a single-item waste stream of tires and no other municipal waste. However, the unit can co-fire coal, fuel oil, natural gas or other nonmunicipal solid waste.

b. You notify the department that the unit qualifies for the exemption.

c. You provide the department with documentation that the unit qualifies for the exemption.

5. `Hazardous waste combustion units.' You are exempt from this section if you get a permit for your unit under section 3005 of the Solid Waste Disposal Act (42 USC 6925) or a license under s. 291.25, Stats.

6. `Materials recovery units.' You are exempt from this section if your unit combusts waste mainly to recover metals. Primary and secondary smelters qualify for the exemption.

7. `Co-fired combustors.' You are exempt from this section if you meet the following 4 requirements:

a. Your unit has a federally enforceable permit limiting the combustion of municipal solid waste to 30% of the total fuel input by weight.

b. You notify the department that the unit qualifies for the exemption.

c. You provide the department with a copy of the federally enforceable permit.

Note: If the department issued the permit you may satisfy the requirement in subd. 7.c. by providing the department with your facility identification number and the number and date of issuance of the permit which limits the amount of municipal solid waste combusted.

d. You record the weights, each quarter, of municipal solid waste and of all other fuels combusted.

8. `Plastics or rubber recycling units.' You are exempt from this section if you meet the following 4 requirements:

a. Your pyrolysis or combustion unit is an integrated part of a plastics or rubber recycling unit as defined in sub. (2).

b. You record the weights, each quarter, of plastics, rubber and rubber tires processed.

c. You record the weights, each quarter, of feed stocks produced and marketed from chemical plants and petroleum refineries.

d. You keep the name and address of the purchaser of those feed stocks.

9. `Units that combust fuels made from products of plastics or rubber recycling plants.' You are exempt from this section if you meet the following 2 requirements:

a. Your unit combusts gasoline, diesel fuel, jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, liquified petroleum gas, propane or butane produced by chemical plants or petroleum refineries that use feedstocks produced by plastics or rubber recycling units.

b. Your unit does not combust any other municipal solid waste.

10. `Cement kilns.' You are exempt from this section if your cement kiln combusts municipal solid waste.

11. `Air curtain incinerators.' If your air curtain incinerator, as defined in sub. (2), combusts 100% yard waste, only the requirements under sub. (14) apply to you.

(d)Do the new source performance standards of s. NR 440.21 also apply to my municipal waste combustion unit? If this section applies to your municipal waste combustion unit, then s. NR 440.21 does not apply to your municipal waste combustion unit.

(f)How are these new source performance standards structured? These new source performance standards contain the following 5 major components:

1. Preconstruction requirements consisting of the following:

a. Materials separation plan.

b. Siting analysis.

2. Good combustion practices consisting of the following:

a. Operator training.

b. Operator certification.

c. Operating requirements.

3. Emission limits.

4. Monitoring and stack testing.

5. Recordkeeping and reporting.

(g)Do all 5 components of these new source performance standards apply at the same time? No, you shall meet the preconstruction requirements before you commence construction of the municipal waste combustion unit. After the municipal waste combustion unit begins operation, you shall meet all of the good combustion practices, emission limits, monitoring and stack testing requirements and most recordkeeping and reporting requirements.

(h)Are there different subcategories of small municipal waste combustion units within this section?

1. Yes, this section subcategorizes small municipal waste combustion units into the following 2 groups based on the aggregate capacity of the municipal waste combustion plant as follows:

a. Class I units are small municipal waste combustion units that are located at municipal waste combustion plants with an aggregate plant combustion capacity greater than 250 tons per day of municipal solid waste. The definition of "municipal waste combustion plant capacity" in sub. (2) specifies which units at a plant are included in the aggregate capacity calculation.

b. Class II units are small municipal waste combustion units that are located at municipal waste combustion plants with an aggregate plant combustion capacity less than or equal to 250 tons per day of municipal solid waste. The definition of "municipal waste combustion plant capacity" in sub. (2) specifies which units at a plant are included in the aggregate capacity calculation.

2. The requirements for Class I and Class II units are identical except for the following 2 items:

a. Class I units have a nitrogen oxides emission limit. As indicated in Table 1, Class II units do not have a nitrogen oxides emission limit. Additionally, Class I units have continuous emission monitoring, recordkeeping and reporting requirements for nitrogen oxides.

b. Class II units are eligible for the reduced testing option provided in sub. (10) (e).

(2) DEFINITIONS. All terms used in this section that are not defined in this subsection shall have the meanings given in s. NR 440.02. If the terms are not defined in s. NR 440.02, the terms shall have the meanings given in s. NR 400.02, 40 CFR part 60, subpart B or the Act. In this section:

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

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

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

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

(cm) "Class I units" mean small municipal waste combustion units subject to this section that are located at municipal waste combustion plants with an aggregate plant combustion capacity greater than 250 tons per day of municipal solid waste. The definition in this subsection of "municipal waste combustion plant capacity" specifies which units at a plant site are included in the aggregate capacity calculation.

(d) "Class II units" mean small municipal waste combustion units subject to this section that are located at municipal waste combustion plants with an aggregate plant combustion capacity less than or equal to 250 tons per day of municipal solid waste. The definition in this subsection of "municipal waste combustion plant capacity" specifies which units at a plant site are included in the aggregate capacity calculation.

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

(e) "Co-fired combustion unit" means a unit that combusts municipal solid waste with nonmunicipal solid waste fuel (e.g., coal or industrial process waste). To be considered a co-fired combustion unit, the unit shall be subject to a federally enforceable permit that limits it to combusting a fuel feed stream which is 30% or less, by weight, municipal solid waste as measured each calendar quarter.

(em) "Continuous burning" means the continuous, semicontinuous or batch feeding of municipal solid waste to dispose of the waste, produce energy, or provide heat to the combustion system in preparation for waste disposal or energy production. Continuous burning does not mean the use of municipal solid waste solely to thermally protect the grate or hearth during the startup period when municipal solid waste is not fed to the grate or hearth.

(f) "Continuous emission monitoring system" means a monitoring system that continuously measures the emissions of a pollutant from a municipal waste combustion unit.

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

(g) "Eight-hour block average" or "8-hour block average" means the average of all hourly emission concentrations or parameter levels when the municipal waste combustion unit operates and combusts municipal solid waste measured over any of the following 8-hour periods of time:

1. 12:00 midnight to 8:00 a.m.

2. 8:00 a.m. to 4:00 p.m.

3. 4:00 p.m. to 12:00 midnight.

(gm) "Federally enforceable" means all limits and conditions the administrator can enforce, including the requirements of 40 CFR parts 60, 61 and 63, requirements in a state's implementation plan, and any permit requirements established under ch. NR 406.

(h) "First calendar half" means the period that starts on January 1 and ends on June 30 in any year.

(hm) "Fluidized bed combustion unit" means a unit where municipal waste is combusted in a fluidized bed of material. The fluidized bed material may remain in the primary combustion zone or may be carried out of the primary combustion zone and returned through a recirculation loop.

(i) "Four-hour block average" or "4-hour block average" means the average of all hourly emission concentrations or parameter levels when the municipal waste combustion unit operates and combusts municipal solid waste measured over any of the following 4-hour periods:

1. 12:00 midnight to 4:00 a.m.

2. 4:00 a.m. to 8:00 a.m.

3. 8:00 a.m. to 12:00 noon.

4. 12:00 noon to 4:00 p.m.

5. 4:00 p.m. to 8:00 p.m.

6. 8:00 p.m. to 12:00 midnight.

(im) "Mass burn refractory municipal waste combustion unit" means a field-erected municipal waste combustion unit that combusts municipal solid waste in a refractory wall furnace. Unless otherwise specified, municipal waste combustion units with a cylindrical rotary refractory wall furnace are included.

(j) "Mass burn rotary waterwall municipal waste combustion unit" means a field-erected municipal waste combustion unit that combusts municipal solid waste in a cylindrical rotary waterwall furnace.

(jm) "Mass burn waterwall municipal waste combustion unit" means a field-erected municipal waste combustion unit that combusts municipal solid waste in a waterwall furnace.

(k) "Materials separation plan" means a plan that identifies a goal and an approach for separating certain components of municipal solid waste for a given service area in order to make the separated materials available for recycling. A materials separation plan may include the following 3 items:

1. Elements such as drop-off facilities, buy-back or deposit-return incentives, curbside pickup programs or centralized mechanical separation systems.

2. Different goals or approaches for different subareas in the service area.

3. No materials separation activities for certain subareas or, if warranted, the entire service area.

(km) "Maximum demonstrated load of a municipal waste combustion unit" means the highest 4-hour block arithmetic average municipal waste combustion unit load achieved during 4 consecutive hours in the course of the most recent dioxins/furans stack test that demonstrates compliance with the applicable emission limit for dioxins/furans specified in this section.

(L) "Maximum demonstrated temperature of the particulate matter control device" means the highest 4-hour block arithmetic average flue gas temperature measured at the inlet of the particulate matter control device during 4 consecutive hours in the course of the most recent stack test for dioxins/furans emissions that demonstrates compliance with the limits specified in this section.

(Lm) "Medical/infectious waste" has the meaning given for "medical/infectious waste" in s. NR 440.218(2) (nm).

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

(mm) "Modification" or "modified municipal waste combustion unit" means a municipal waste combustion unit you have changed after June 6, 2001 and that meets one of the 2 following 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 unit, not including the cost of land, updated to current costs.

2. Any physical change in the municipal waste combustion unit or change in the method of operating it that increases the emission level of any air pollutant for which new source performance standards have been established under section 129 or section 111 of the Act (42 USC 7429 or 7411). Increases in the emission level of any air pollutant shall be determined when the municipal waste combustion unit operates at 100% of its physical load capability and shall be measured downstream of all air pollution control devices. Load restrictions based on permits or other nonphysical operational restrictions may not be considered in the determination.

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

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

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

(om) "Municipal waste combustion plant" means one or more municipal waste combustion units at the same location as specified under sub. (1) (b) 1. and 2.

(p) "Municipal waste combustion plant capacity" means the aggregate municipal waste combustion capacity of all municipal waste combustion units at the plant that are subject to s. NR 440.215 or 440.216 or this section.

(pm) "Municipal waste combustion unit" means any setting or equipment that combusts solid, liquid or gasified municipal solid waste. The term "municipal waste combustion unit" includes field-erected combustion units with or without heat recovery; modular combustion units with starved-air or excess-air; boilers such as steam generating units; furnaces, whether suspension-fired, grate-fired, mass-fired, air curtain incinerators or fluidized bed-fired; and pyrolysis or combustion units. The following 2 criteria further define municipal waste combustion units:

1. Municipal waste combustion units do not include pyrolysis or combustion units located at a plastics or rubber recycling unit as specified under sub. (1) (c) 8. and 9. Municipal waste combustion units also do not include cement kilns that combust municipal solid waste as specified under sub. (1) (c) 10. Municipal waste combustion units also do not include internal combustion engines, gas turbines or other combustion devices that combust landfill gases collected by landfill gas collection systems.

2. The municipal waste combustion unit includes the municipal solid waste fuel feed system, grate system, flue gas system, bottom ash system and the combustion unit water system. The municipal waste combustion unit does not include air pollution control equipment, the stack, water treatment equipment or the turbine-generator set. The municipal waste combustion unit starts at the municipal solid waste pit or hopper and extends through the following 3 areas:

a. The combustion unit flue gas system, which ends immediately after the heat recovery equipment or, if there is no heat recovery equipment, immediately after the combustion chamber.

b. 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.

c. The combustion unit water system, which starts at the feed water pump and ends at the piping that exits the steam drum or superheater.

(q) "Particulate matter" means total particulate matter emitted from municipal waste combustion units as measured using Method 5 in Appendix A of 40 CFR part 60, incorporated by reference in s. NR 440.17(1), and the procedures specified in sub. (10) (d).

(qm) "Plastics or rubber recycling unit" means an integrated processing unit for which plastics, rubber or rubber tires are the only feed materials. Incidental contaminants may be in the feed materials. The feed materials are processed and marketed to become input feed stock for chemical plants or petroleum refineries. The following 3 criteria further define a plastics or rubber recycling unit:

1. Each calendar quarter, the combined weight of the feed stock that a plastics or rubber recycling unit produces shall be more than 70% of the combined weight of the plastics, rubber and rubber tires that the recycling unit processes.

2. The plastics, rubber or rubber tires fed to the recycling unit may originate from separating or diverting plastics, rubber or rubber tires from municipal or industrial solid waste. The feed materials may include manufacturing scraps, trimmings, and off-specification plastics, rubber and rubber tire discards.

3. The plastics, rubber and rubber tires fed to the recycling unit may contain incidental contaminants such as paper labels on plastic bottles or metal rings on plastic bottle caps.

(r) "Potential hydrogen chloride emissions" means the level of hydrogen chloride emissions from a municipal waste combustion unit that would occur from combusting municipal solid waste without emission controls for acid gases.

(rm) "Potential mercury emissions" means the level of mercury emissions from a municipal waste combustion unit that would occur from combusting municipal solid waste without controls for mercury emissions.

(s) "Potential sulfur dioxide emissions" means the level of sulfur dioxide emissions from a municipal waste combustion unit that would occur from combusting municipal solid waste without emission controls for acid gases.

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

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

1. The reconstruction begins after June 6, 2001.

2. The cumulative cost of the construction over the life of the unit exceeds 50% of the original cost of building and installing the municipal waste combustion unit, not including land, updated to current costs in dollars. To determine what systems are within the boundary of the municipal waste combustion unit used to calculate those costs, see the definition in this subsection of "municipal waste combustion unit."

(tm) "Refractory unit" or "refractory wall furnace" means a municipal waste combustion unit that has no energy recovery, such as through a waterwall, in the furnace of the municipal waste combustion 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.

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

(ur) "Second calendar half" means the period that starts on July 1 and ends on December 31 in any year.

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

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

(vr) "Standard conditions" when referring to units of measure means a temperature of 20°C and a pressure of 101.3 kilopascals.

(w) "Startup period" means the period when a municipal waste combustion unit begins the continuous combustion of municipal solid waste. It does not include any warmup period during which the municipal waste combustion unit combusts fossil fuel or other solid waste fuel but receives no municipal solid waste.

(wg) "Stoker (refuse-derived fuel) combustion unit" means a steam generating unit that combusts refuse-derived fuel in a semisuspension combusting mode, using air-fed distributors.

(wr) "Total mass dioxins/furans" or "total mass" means the total mass of tetra- to octa- chlorinated dibenzo-p-dioxins and dibenzofurans as determined using Method 23 in Appendix A of 40 CFR part 60, incorporated by reference in s. NR 440.17(1), and the procedures specified in sub. (10) (d).

(x) "Twenty-four hour daily average" or "24-hour daily average" means either the arithmetic mean or geometric mean, as specified, of all hourly emission concentrations when the municipal waste combustion unit operates and combusts municipal solid waste, measured during the 24 hours between 12:00 midnight and the following midnight.

(xm) "Untreated lumber" means wood or wood products that have been cut or shaped and includes wet, air-dried and kiln-dried wood products. Untreated 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.

(y) "Waterwall furnace" means a municipal waste combustion unit that has energy recovery in the furnace (for example, radiant heat transfer section) of the combustion unit.

(ym) "Yard waste" means grass, grass clippings, bushes, shrubs and clippings from bushes and shrubs that come from residential, commercial or retail, institutional or industrial sources as part of maintaining yards or other private or public lands. Yard waste does not include the following 2 items:

1. Construction, renovation and demolition wastes that are exempt from the definition of "municipal solid waste".

2. Clean wood that is exempt from the definition of "municipal solid waste".

(z) "You" or "I" means the owner or operator of a municipal waste combustion unit or the applicant for a permit to construct a municipal waste combustion unit, unless the context indicates otherwise.

(zm) "Your" or "my" means of or relating to the owner or operator of a municipal waste combustion unit or the applicant for a permit to construct a municipal waste combustion unit, unless the context indicates otherwise.

(3) PRECONSTRUCTION REQUIREMENTS: MATERIALS SEPARATION PLAN.

(a)Who must submit a materials separation plan?

1. You shall prepare a materials separation plan for your municipal waste combustion unit if you commence construction of a new small municipal waste combustion unit after December 6, 2000.

2. If you commence construction of your municipal waste combustion unit after August 30, 1999 but before December 6, 2000, you are not required to prepare the materials separation plan specified in this subsection.

3. You shall prepare a materials separation plan 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 municipal waste combustion unit.

(b)What is a materials separation plan? The plan identifies a goal and an approach for separating certain components of municipal solid waste for a given service area prior to waste combustion and making them available for recycling.

(c)What steps must I complete for my materials separation plan?

1. For your materials separation plan, you shall complete the following 9 steps:

a. Prepare a draft materials separation plan.

b. Make your draft plan available to the public.

c. Hold a public meeting on your draft plan.

d. Prepare responses to public comments received during the public comment period on your draft plan.

e. Prepare a revised materials separation plan.

f. Discuss the revised plan at the public meeting for review of the siting analysis.

g. Prepare responses to public comments received on your revised plan.

h. Prepare a final materials separation plan.

i. Submit the final materials separation plan.

2. You may use analyses conducted under the requirements of s. NR 405.08 to determine BACT or 408.04 to determine LAER, to comply with some of the materials separation plan requirements of this section.

(d)What must I include in my draft materials separation plan?

1. You shall prepare and submit a draft materials separation plan for your municipal waste combustion unit and its service area.

2. Your draft materials separation plan shall identify a goal and an approach for separating certain components of municipal solid waste for a given service area prior to waste combustion and making them available for recycling. A materials separation plan may include such elements as drop-off facilities, buy-back or deposit-return incentives, programs for curbside pickup, and centralized systems for mechanical separation.

3. Your materials separation plan may include different goals or approaches for different subareas in the service area.

4. Your materials separation plan may exclude materials separation activities for certain subareas or, if warranted, the entire service area.

(e)How do I make my draft materials separation plan available to the public?

1. You shall distribute your draft materials separation plan to the main public libraries in the area where you will construct the municipal waste combustion unit.

2. You shall publish a notice of a public meeting in the main newspapers that serve the following 2 areas:

a. The area where you will construct the municipal waste combustion unit.

b. The areas where the waste that your municipal waste combustion unit combusts will be collected.

3. You shall include the following 6 items in your notice of the public meeting:

a. The date of the public meeting.

b. The time of the public meeting.

c. The location of the public meeting.

d. The location of the public libraries where the public can find your materials separation plan. Include the normal business hours of each library.

e. An agenda of the topics that will be discussed at the public meeting.

f. The beginning and ending dates of the public comment period on your draft materials separation plan.

(f)When must I accept comments on the materials separation plan?

1. You shall accept verbal comments at the public meeting.

2. You shall accept written comments anytime during the period that begins on the date the document is distributed to the main public libraries and ends 30 days after the date of the public meeting.

(g)Where and when must I hold a public meeting on my draft materials separation plan?

1. You shall hold a public meeting and accept comments on your draft materials separation plan.

2. You shall hold the public meeting in the county where you will construct the municipal waste combustion unit.

3. You shall schedule the public meeting to occur at least 30 days after you make your draft materials separation plan available to the public.

4. You may combine the public meeting with any other public meeting required as part of any other federal, state or local permit review. However, you may not combine it with the public meeting required for the siting analysis under sub. (4) (g).

5. You are encouraged to address the following 8 topics at the public meeting for your draft materials separation plan:

a. Expected size of the service area for your municipal waste combustion unit.

b. Amount of waste you will collect in the service area.

c. Types and estimated amounts of materials proposed for separation.

d. Methods proposed for materials separation.

e. Amount of residual waste for disposal.

f. Alternate disposal methods for handling the residual waste.

g. Where your responses to public comments on the draft materials separation plan will be available for inspection.

h. Where your revised materials separation plan will be available for inspection.

6. You shall prepare a transcript of the public meeting on your draft materials separation plan.

(h)What must I do with any public comments I receive during the public comment period on my draft materials separation plan? You shall do the following 3 steps:

1. Prepare written responses to any public comments you received during the public comment period. Summarize the responses to public comments in a document that is separate from your revised materials separation plan.

2. Make the comment response document available to the public in the service area where you will construct your municipal waste combustion unit. You shall distribute the document at least to the main public libraries used to announce the public meeting.

3. Prepare a revised materials separation plan for the municipal waste combustion unit that includes, as appropriate, changes made in response to any public comments you received during the public comment period.

(i)What must I do with my revised materials separation plan? You shall do the following 2 tasks:

1. As specified under sub. (13) (a), submit the 5 items in subds. a. to e. to the department by the date you submit the application for a construction permit under ch. NR 405 or 408. If you are not required to submit an application for a construction permit under ch. NR 405 or 408, submit the 5 items to the department by the date of your notice of construction under sub. (13) (b).

a. Your draft materials separation plan.

b. Your revised materials separation plan.

c. Your notice of the public meeting for your draft materials separation plan.

d. A transcript of the public meeting on your draft materials separation plan.

e. The document that summarizes your responses to the public comments you received during the public comment period on your draft materials separation plan.

2. Make your revised materials separation plan available to the public as part of the siting analysis procedures under sub. (4) (e).

(j)What must I include in the public meeting on my revised materials separation plan? As part of the public meeting for review of the siting analysis, as specified under sub. (4) (g), you shall discuss the following 2 areas:

1. Differences between your revised materials separation plan and your draft materials separation plan discussed at the first public meeting, conducted under par. (g).

2. Questions about your revised materials separation plan.

(k)What must I do with any public comments I receive on my revised materials separation plan?

1. You shall prepare written responses to any public comments and include them in the document that summarizes your responses to public comments on the siting analysis.

2. You shall prepare a final materials separation plan that includes, as appropriate, changes made in response to any public comments you received on your revised materials separation plan.

(L)How do I submit my final materials separation plan? As specified under sub. (13) (b), you shall submit your final materials separation plan to the department as part of the notice of construction for the municipal waste combustion unit.

(4) PRECONSTRUCTION REQUIREMENTS: SITING ANALYSIS.

(a)Who must submit a siting analysis?

1. You shall prepare a siting analysis if you commence construction of a small municipal waste combustion unit after December 6, 2000.

2. If you commence construction on your municipal waste combustion unit after August 30, 1999, but before December 6, 2000, you are not required to prepare the siting analysis specified in this subsection.

3. 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 municipal waste combustion unit.

(b)What is a siting analysis? The siting analysis addresses how your municipal waste combustion unit affects ambient air quality, visibility, soils, vegetation and other relevant factors. The analysis can be used to determine whether the benefits of your proposed facility significantly outweigh the environmental and social costs resulting from its location and construction. The analysis shall also consider other major industrial facilities near the proposed site.

(c)What steps must I complete for my siting analysis?

1. For your siting analysis, you shall complete the following 5 steps:

a. Prepare an analysis.

b. Make your analysis available to the public.

c. Hold a public meeting on your analysis.

d. Prepare responses to public comments received on your analysis.

e. Submit your analysis.

2. You may use analyses conducted under the requirements of ch. NR 405 or 408 to comply with some of the siting analysis requirements of this section.

(d)What must I include in my siting analysis?

1. You shall include an analysis of how your municipal waste combustion unit affects the following 4 areas:

a. Ambient air quality.

b. Visibility.

c. Soils.

d. Vegetation.

2. You shall include an analysis of alternatives for controlling air pollution that minimize potential risks to the public health and the environment.

(e)How do I make my siting analysis available to the public?

1. You shall distribute your siting analysis and revised materials separation plan to the main public libraries in the area where you will construct your municipal waste combustion unit.

2. You shall publish a notice of a public meeting in the main newspapers that serve the following 2 areas:

a. The area where you will construct your municipal waste combustion unit.

b. The areas where the waste that your municipal waste combustion unit combusts will be collected.

3. You shall include the following 6 items in your notice of the public meeting:

a. The date of the public meeting.

b. The time of the public meeting.

c. The location of the public meeting.

d. The location of the public libraries where the public can find your siting analysis and revised materials separation plan. Include the normal business hours of each library.

e. An agenda of the topics that will be discussed at the public meeting.

f. The beginning and ending dates of the public comment period on your siting analysis and revised materials separation plan.

(f)When must I accept comments on the siting analysis and revised materials separation plan?

1. You shall accept verbal comments at the public meeting.

2. You shall accept written comments anytime during the period that begins on the date the document is distributed to the main public libraries and ends 30 days after the date of the public meeting.

(g)Where and when must I hold a public meeting on the siting analysis?

1. You shall hold a public meeting to discuss and accept comments on your siting analysis and your revised materials separation plan.

2. You shall hold the public meeting in the county where you will construct your municipal waste combustion unit.

3. You shall schedule the public meeting to occur at least 30 days after you make your siting analysis and revised materials separation plan available to the public.

4. You shall prepare a transcript of the public meeting on your siting analysis.

(h)What must I do with any public comments I receive during the public comment period on my siting analysis? You shall do the following 3 things:

1. Prepare written responses to any public comments on your siting analysis and the revised materials separation plan you received during the public comment period. Summarize the responses to public comments in a document that is separate from your materials separation plan and siting analysis.

2. Make the comment response document available to the public in the service area where you will construct your municipal waste combustion unit. You shall distribute the document at least to the main public libraries used to announce the public meeting for the siting analysis.

3. Prepare a revised siting analysis for the municipal waste combustion unit that includes, as appropriate, changes made in response to any public comments you received during the public comment period.

(i)How do I submit my siting analysis? As specified under sub. (13) (b), submit the following 4 items as part of the notice of construction:

1. Your siting analysis.

2. Your notice of the public meeting on your siting analysis.

3. A transcript of the public meeting on your siting analysis.

4. The document that summarizes your responses to the public comments you received during the public comment period.

(5) GOOD COMBUSTION PRACTICES: OPERATOR TRAINING.

(a)What types of training must I do? You are required to do the following 2 types of training:

1. Training of operators of municipal waste combustion units using the U.S. environmental protection agency or department approved training course.

2. Training of plant personnel using a plant-specific training course.

(b)Who must complete the operator training course and by when?

1. The following 3 types of employees shall complete the EPA or department approved operator training course:

a. Chief facility operators.

b. Shift supervisors.

c. Control room operators.

2. The employees identified in subd. 1. shall complete the operator training course by the later of the following 3 dates:

a. Six months after the initial startup of your municipal waste combustion.

b. December 6, 2001.

c. The date before an employee assumes responsibilities that affect operation of the municipal waste combustion unit.

(c)Who must complete the plant-specific training course? All employees with responsibilities that affect how a municipal waste combustion unit operates, including the following 6 types of employees, shall complete the plant-specific training course:

1. Chief facility operators.

2. Shift supervisors.

3. Control room operators.

4. Ash handlers.

5. Maintenance personnel.

6. Crane or load handlers.

(d)What plant-specific training must I provide? For plant-specific training, you shall do the following 4 things:

1. For training at a particular plant, develop a specific operating manual for that plant by the later of the following 2 dates:

a. Six months after the initial startup of your municipal waste combustion unit.

b. December 6, 2001.

2. Establish a program to review the plant-specific operating manual with people whose responsibilities affect the operation of your municipal waste combustion unit. Complete the initial review by the later of the following 3 dates:

a. Six months after the initial startup of your municipal waste combustion unit.

b. December 6, 2001.

c. The date before an employee assumes responsibilities that affect operation of the municipal waste combustion unit.

3. Update your manual annually.

4. Review your manual with staff annually.

(e)What information must I include in the plant-specific operating manual? You shall include 11 items in the operating manual for your plant:

1. A summary of all applicable requirements in this section.

2. A description of the basic combustion principles that apply to municipal waste combustion units.

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

4. Procedures to be followed during periods of startup, shutdown and malfunction of the municipal waste combustion unit.

5. Procedures for maintaining a proper level of combustion air supply.

6. Procedures for operating the municipal waste combustion unit in compliance with the requirements contained in this section.

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

8. Procedures for minimizing carryover of particulate matter.

9. Procedures for handling ash.

10. Procedures for monitoring emissions from the municipal waste combustion unit.

11. Procedures for recordkeeping and reporting.

(f)Where must I keep the plant-specific operating manual? You shall keep your operating manual in an easily accessible location at your plant. It shall be available for review or inspection by all employees who are required to review it and by the department.

(6) GOOD COMBUSTION PRACTICES: OPERATOR CERTIFICATION.

(a)What types of operator certification must the chief facility operator and shift supervisor obtain and by when must they obtain it?

1. Each chief facility operator and shift supervisor shall obtain and keep a current provisional operator certification from the American Society of Mechanical Engineers in accordance with ASME QRO-1-1994, incorporated by reference in s. NR 440.17(2) (h), or obtain and keep a current operator certification from the department in accordance with subds. 3. a and 4.

2. Each chief facility operator and shift supervisor who obtains a provisional certification from the American Society of Mechanical Engineers to satisfy subd. 1., shall obtain the provisional certification by the later of the following 3 dates:

a. Six months after the municipal waste combustion unit initial startup.

b. December 6, 2001.

c. Six months after they transfer to the municipal waste combustion unit or 6 months after they are hired to work at the municipal waste combustion unit.

3. Each chief facility operator and shift supervisor shall take one of the following 3 actions:

a. Obtain a full certification from the American Society of Mechanical Engineers or an operator certification from the department in accordance with ch. NR 499.

b. Schedule a full certification exam with the American Society of Mechanical Engineers in accordance with ASME QRO-1-1994, incorporated by reference in s. NR 440.17(2) (h).

c. Schedule a certification exam with the department in accordance with ch. NR 499.

4. Each chief facility operator and shift supervisor shall either obtain a certification under subd. 3. a. or be scheduled to take a certification exam under subd. 3. b. or c. by the later of the following 3 dates:

a. Six months after the initial startup of the municipal waste combustion unit.

b. December 6, 2001.

c. Six months after they transfer to the municipal waste combustion unit or 6 months after they are hired to work at the municipal waste combustion unit.

(b)After the required date for operator certification, who may operate the municipal waste combustion unit? After the required date for full or provisional certifications, you may not operate your municipal waste combustion unit unless one of the following 4 employees is on duty:

1. A fully certified chief facility operator.

2. A provisionally certified chief facility operator who is scheduled to take the full certification exam.

3. A fully certified shift supervisor.

4. A provisionally certified shift supervisor who is scheduled to take the full certification exam.

(c)What if all the certified operators must be temporarily offsite? If the certified chief facility operator and certified shift supervisor both are unavailable, a provisionally certified control room operator at the municipal waste combustion unit may fulfill the certified operator requirement. Depending on the length of time that a certified chief facility operator and certified shift supervisor are away, you shall meet one of the following 3 criteria:

1. When the certified chief facility operator and certified shift supervisor are both offsite for 12 hours or less, and no other certified operator is onsite, the provisionally certified control room operator may perform the required duties without notice to, or approval by, the department.

2. When the certified chief facility operator and certified shift supervisor are offsite for more than 12 hours, but for 2 weeks or less, and no other certified operator is onsite, the provisionally certified control room operator may perform the required duties without notice to, or approval by, the department. However, you shall record the period when the certified chief facility operator and certified shift supervisor are offsite and include that information in the annual report as specified under sub. (13) (h) 12.

3. When the certified chief facility operator and certified shift supervisor are offsite for more than 2 weeks, and no other certified operator is onsite, the provisionally certified control room operator may perform the required duties without approval by the department. However, you shall take the following 2 actions:

a. Notify the department in writing. In the notice, state what caused the absence and what you are doing to ensure that a certified chief facility operator or certified shift supervisor is onsite.

b. Submit a status report and corrective action summary to the department every 4 weeks following the initial notification. If the department notifies you that your status report or corrective action summary is disapproved, the municipal waste combustion unit may continue operation for 90 days, but then shall cease operation. If corrective actions are taken in the 90-day period such that the department withdraws the disapproval, municipal waste combustion unit operation may continue.

(7) GOOD COMBUSTION PRACTICES: OPERATING REQUIREMENTS.

(a)What are the operating practice requirements for my municipal waste combustion unit?

1. You may not operate your municipal waste combustion unit at loads greater than 110% of the maximum demonstrated load of the municipal waste combustion unit, based on a 4-hour block average, as specified in sub. (2).

2. You may not operate your municipal waste combustion unit so that the temperature at the inlet of the particulate matter control device exceeds 17°C above the maximum demonstrated temperature of the particulate matter control device, based on a 4-hour block average, as specified in sub. (2).

3. If your municipal waste combustion unit uses activated carbon to control dioxins/furans or mercury emissions, you shall maintain an 8-hour block average carbon feed rate at or above the highest average level established during the most recent dioxins/furans or mercury test.

4. If your municipal waste combustion unit uses activated carbon to control dioxins/furans or mercury emissions, you shall evaluate total carbon usage for each calendar quarter. The total amount of carbon purchased and delivered to your municipal waste combustion plant shall be at or above the required quarterly usage of carbon. At your option, you may choose to evaluate required quarterly carbon usage on a municipal waste combustion unit basis for each individual municipal waste combustion unit at your plant. Calculate the required quarterly usage of carbon using the equation in sub. (15) (f) 1. or 2.

5. Your municipal waste combustion unit is exempt from limits on load level, temperature at the inlet of the particulate matter control device, and carbon feed rate during any of the following 5 situations:

a. During your annual tests for dioxins/furans.

b. During your annual mercury tests, for carbon feed rate requirements only.

c. During the 2 weeks preceding your annual tests for dioxins/furans.

d. During the 2 weeks preceding your annual mercury tests, for carbon feed rate requirements only.

e. Whenever the department permits you to do any of the following 5 activities:

1) Evaluate system performance.

2) Test new technology or control technologies.

3) Perform diagnostic testing.

4) Perform other activities to improve the performance of your municipal waste combustion unit.

5) Perform other activities to advance the state of the art for emission controls for your municipal waste combustion unit.

(b)What happens to the operating requirements during periods of startup, shutdown and malfunction?

1. The operating requirements of this section apply at all times except during periods of municipal waste combustion unit startup, shutdown or malfunction.

2. Each startup, shutdown or malfunction may not last for longer than 3 hours.

(8) EMISSION LIMITS.

(a)What pollutants are regulated by this section? The following 11 pollutants, in 4 groupings, are regulated:

1. `Organics.' Dioxins/furans.

2. `Metals.'

a. Cadmium.

b. Lead.

c. Mercury.

d. Opacity.

e. Particulate matter.

3. `Acid gases.'

a. Hydrogen chloride.

b. Nitrogen oxides.

c. Sulfur dioxide.

4. `Other.'

a. Carbon monoxide.

b. Fugitive ash.

(b)What emission limits must I meet and by when? You shall meet the emission limits specified in Tables 1 and 2 of this section. You shall meet the limits 60 days after your municipal waste combustion unit reaches the maximum load level but no later than 180 days after its initial startup.

(c)What happens to the emission limits during periods of startup, shutdown and malfunction?

1. The emission limits of this section apply at all times except during periods of municipal waste combustion unit startup, shutdown or malfunction.

2. Each startup, shutdown or malfunction may not last for longer than 3 hours.

3. A maximum of 3 hours of test data may be dismissed from compliance calculations during periods of startup, shutdown or malfunction.

4. During startup, shutdown or malfunction periods longer than 3 hours, emissions data cannot be discarded from compliance calculations and all provisions under s. NR 440.11(4) apply.

(9) CONTINUOUS EMISSION MONITORING.

(a)What types of continuous emission monitoring must I perform? To continuously monitor emissions, you shall perform the following 4 tasks:

1. Install continuous emission monitoring systems for certain gaseous pollutants.

2. Make sure your continuous emission monitoring systems are operating correctly.

3. Make sure you obtain the minimum amount of monitoring data.

4. Install a continuous opacity monitoring system.

(b)What continuous emission monitoring systems must I install for gaseous pollutants?

1. You shall install, calibrate, maintain and operate continuous emission monitoring systems for oxygen or carbon dioxide, sulfur dioxide and carbon monoxide. If you operate a Class I municipal waste combustion unit, you shall also install, calibrate, maintain and operate a continuous emission monitoring system for nitrogen oxides. You shall install the continuous emission monitoring systems for sulfur dioxide, nitrogen oxides and oxygen or carbon dioxide at the outlet of the air pollution control device.

2. You shall install, evaluate and operate each continuous emission monitoring system according to the monitoring requirements in s. NR 440.13.

3. You shall monitor the oxygen or carbon dioxide concentration at each location where you monitor sulfur dioxide and carbon monoxide. Additionally, if you operate a Class I municipal waste combustion unit, you shall also monitor the oxygen or carbon dioxide concentration at the location where you monitor nitrogen oxides.

4. You may choose to monitor carbon dioxide instead of oxygen as a diluent gas. If you choose to monitor carbon dioxide, then an oxygen monitor is not required, and you shall follow the requirements in par. (g).

5. If you choose to demonstrate compliance by monitoring the percent reduction of sulfur dioxide, you shall also install continuous emission monitoring systems for sulfur dioxide and oxygen or carbon dioxide at the inlet of the air pollution control device.

6. If you prefer to use an alternative sulfur dioxide monitoring method, such as parametric monitoring, or cannot monitor emissions at the inlet of the air pollution control device to determine percent reduction, you may apply to the department for approval to use an alternative monitoring method under s. NR 440.13(9).

(c)How are the data from the continuous emission monitoring systems used? You shall use data from the continuous emission monitoring systems for sulfur dioxide, nitrogen oxides and carbon monoxide to demonstrate continuous compliance with the emission limits specified in Tables 1 and 2 of this section. To demonstrate compliance for dioxins/furans, cadmium, lead, mercury, particulate matter, opacity, hydrogen chloride and fugitive ash, you shall meet sub. (10) (b).

(d)How do I make sure my continuous emission monitoring systems are operating correctly?

1. You shall conduct initial, daily, quarterly and annual evaluations of your continuous emission monitoring systems that measure oxygen or carbon dioxide, sulfur dioxide, nitrogen oxides (for Class I municipal waste combustion units only) and carbon monoxide.

2. You shall complete your initial evaluation of the continuous emission monitoring systems within 60 days after your municipal waste combustion unit reaches the maximum load level at which it will operate, but no later than 180 days after its initial startup.

3. For initial and annual evaluations, you shall collect data concurrently, or within 30 to 60 minutes, using your oxygen or carbon dioxide continuous emission monitoring system, your sulfur dioxide, nitrogen oxides, or carbon monoxide continuous emission monitoring systems, as appropriate, and the appropriate test methods specified in Table 3 of this section. You shall collect the data during each initial and annual evaluation of your continuous emission monitoring systems following the applicable performance specifications in 40 CFR part 60, Appendix B, incorporated by reference in s. NR 440.17(1). Table 4 of this section shows the performance specifications that apply to each continuous emission monitoring system.

4. You shall follow the quality assurance procedures in 40 CFR part 60, Appendix F, Procedure 1, incorporated by reference in s. NR 440.17(1), for each continuous emission monitoring system. The procedures include daily calibration drift and quarterly accuracy determinations.

(e)Am I exempt from any requirements to evaluate continuous emission monitoring systems under 40 CFR part 60, Appendix B or F, incorporated by reference in s. NR 440.17(1) ? Yes, the accuracy tests for your sulfur dioxide continuous emission monitoring system require you to also evaluate your oxygen or carbon dioxide continuous emission monitoring system. Therefore, your oxygen or carbon dioxide continuous emission monitoring system is exempt from the following 2 requirements:

1. Relative accuracy requirement in 40 CFR part 60, Appendix B, section 2.3 of Performance Specification 3, incorporated by reference in s. NR 440.17(1).

2. Relative accuracy test audit in 40 CFR part 60, Appendix F, section 5.1.1, incorporated by reference in s. NR 440.17(1).

(f)What is my schedule for evaluating continuous emission monitoring systems?

1. You shall conduct annual evaluations of your continuous emission monitoring systems no more than 13 months after the previous evaluation was conducted.

2. You shall evaluate your continuous emission monitoring systems daily and quarterly as specified in 40 CFR part 60, Appendix F, incorporated by reference in s. NR 440.17(1).

(g)What must I do if I choose to monitor carbon dioxide instead of oxygen as a diluent gas? You shall establish the relationship between oxygen and carbon dioxide during the initial evaluation of your continuous emission monitoring systems. You may reestablish the relationship during annual evaluations. To establish the relationship, use the following 3 procedures:

1. Use Method 3A or 3B in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), to determine oxygen concentration at the location of your carbon dioxide monitor.

2. Conduct at least 3 test runs for oxygen. Make sure each test run represents a 1-hour average and that sampling continues for at least 30 minutes in each hour.

3. Use the fuel-factor equation in Method 3B in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), to determine the relationship between oxygen and carbon dioxide.

(h)What is the minimum amount of monitoring data I must collect with my continuous emission monitoring systems and is the data collection requirement enforceable?

1. Where continuous emission monitoring systems are required, you shall obtain 1-hour arithmetic averages. Make sure the averages for sulfur dioxide, nitrogen oxides and carbon monoxide are in parts per million by dry volume at 7% oxygen, or the equivalent carbon dioxide level. Use the 1-hour averages of oxygen or carbon dioxide data from your continuous emission monitoring system to determine the actual oxygen or carbon dioxide level and to calculate emissions at 7% oxygen, or the equivalent carbon dioxide level.

2. You shall obtain at least 2 data points per hour in order to calculate a valid 1-hour arithmetic average. Section NR 440.13(5) (b) requires your continuous emission monitoring systems to complete at least one cycle of operation, sampling, analyzing and data recording for each 15-minute period.

3. You shall obtain valid 1-hour averages for 75% of the operating hours per day for 90% of the operating days per calendar quarter. An operating day is any day the unit combusts any municipal solid waste or refuse-derived fuel.

4. If you do not obtain the minimum data required in subds. 1. to 3., you are in violation of the data collection requirement regardless of the emission level monitored, and you shall notify the department according to sub. (13) (h) 5.

5. If you do not obtain the minimum data required in subds. 1. to 3., you shall still use all valid data from the continuous emission monitoring systems in calculating emission concentrations and percent reductions in accordance with par. (i).

(i)How do I convert my 1-hour arithmetic averages into the appropriate averaging times and units?

1. You shall use the equation in sub. (15) (a) to calculate emissions at 7% oxygen.

2. You shall use sectio n 4.3 of Method 19 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), to calculate the daily geometric average concentrations of sulfur dioxide emissions. If you are monitoring the percent reduction of sulfur dioxide, use section 5.4 of Method 19 to determine the daily geometric average percent reduction of potential sulfur dioxide emissions.

3. If you operate a Class I municipal waste combustion unit, you shall use section 4.1 of Method 19 to calculate the daily arithmetic average for concentrations of nitrogen oxides.

4. You shall use section 4.1 of Method 19 to calculate the 4-hour or 24-hour daily block averages, as applicable, for concentrations of carbon monoxide.

(j)What is required for my continuous opacity monitoring system and how are the data used?

1. You shall install, calibrate, maintain and operate a continuous opacity monitoring system.

2. You shall install, evaluate and operate each continuous opacity monitoring system according to s. NR 440.13.

3. You shall complete an initial evaluation of your continuous opacity monitoring system according to Performance Specification 1 in 40 CFR part 60, Appendix B, incorporated by reference in s. NR 440.17(1). You shall complete the evaluation within 60 days after your municipal waste combustion unit reaches the maximum load level at which it will operate, but no more than 180 days after its initial startup.

4. You shall complete each annual evaluation of your continuous opacity monitoring system no more than 13 months after the previous evaluation.

5. You shall use tests conducted according to Method 9 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), as specified in sub. (10) (d), to determine compliance with the opacity limit in Table 1 of this section.

Note: The data obtained from your continuous opacity monitoring system are not used to determine compliance with the opacity limit.

(k)What additional requirements must I meet for the operation of my continuous emission monitoring systems and continuous opacity monitoring system? You shall use the required span values and applicable performance specifications in Table 4 of this section.

(L)What must I do if any of my continuous emission monitoring systems are temporarily unavailable to meet the data collection requirements? You shall refer to Table 4 of this section. It shows alternate methods for collecting data when systems malfunction or when repairs, calibration checks or zero and span checks keep you from collecting the minimum amount of data.

(10) STACK TESTING.

(a)What types of stack tests must I conduct? You shall conduct initial and annual stack tests to measure the emission levels of dioxins/furans, cadmium, lead, mercury, particulate matter, opacity, hydrogen chloride and fugitive ash.

(b)How are the stack test data used? You shall use results of stack tests for dioxins/furans, cadmium, lead, mercury, particulate matter, opacity, hydrogen chloride and fugitive ash to demonstrate compliance with the emission limits in Table 1 of this section. To demonstrate compliance for carbon monoxide, nitrogen oxides and sulfur dioxide, see sub. (9) (c).

(c)What schedule must I follow for the stack testing?

1. You shall conduct initial stack tests for the pollutants listed in par. (a) within 60 days after your municipal waste combustion unit reaches the maximum load level at which it will operate, but no later than 180 days after its initial startup.

2. You shall conduct annual stack tests for the same pollutants after the initial stack test. You shall conduct each annual stack test no later than 13 months after the previous stack test.

(d)What test methods must I use to stack test?

1. You shall follow Table 5 of this section to establish the sampling location and to determine pollutant concentrations, number of traverse points, individual test methods, and other specific testing requirements for the different pollutants.

2. You shall make sure that stack tests for all the pollutants consist of at least 3 test runs, as specified in s. NR 440.08. You shall use the average of the pollutant emission concentrations from the 3 test runs to determine compliance with the emission limits in Table 1 of this section.

3. You shall obtain an oxygen or carbon dioxide measurement at the same time as your pollutant measurements to determine diluent gas levels, as specified in sub. (9) (b).

4. You shall use the equations in sub. (15) (a) to (c) to calculate emission levels at 7% oxygen, or an equivalent carbon dioxide basis, the percent reduction in potential hydrogen chloride emissions, and the percent reduction for mercury emissions. The individual test methods in Table 5 of this section shall be used for other required equations.

5. You may apply to the department under s. NR 440.08(2) for approval to use a reference method with minor changes in methodology, to use a shorter sampling time or smaller sampling volume or for a waiver of the requirement for a performance test because you have demonstrated by other means that you are in compliance. You may apply to the administrator as allowed under s. NR 440.08(2) for approval to use an equivalent method or an alternative method the results of which the administrator has determined are adequate for demonstrating compliance.

(e)May I conduct stack testing less often?

1. You may test less often than required under par. (c) 2. if you own or operate a Class II municipal waste combustion unit and if all stack tests for a given pollutant over 3 consecutive years show you comply with the emission limit. In that case, you are not required to conduct a stack test for that pollutant for the next 2 years. However, you shall conduct another stack test within 36 months of the anniversary date of the third consecutive stack test that shows you comply with the emission limit. Thereafter, you shall perform stack tests every 3rd year but no later than 36 months following the previous stack tests. If a stack test shows noncompliance with an emission limit, you shall conduct annual stack tests for that pollutant until all stack tests over 3 consecutive years show compliance with the emission limit for that pollutant. The provision applies to all pollutants subject to stack testing requirements: dioxins/furans, cadmium, lead, mercury, particulate matter, opacity, hydrogen chloride and fugitive ash.

2. You may test less often for dioxins/furans emissions if you own or operate a municipal waste combustion plant that meets the following 2 conditions. First, you have multiple municipal waste combustion units onsite that are subject to this section. Second, all those municipal waste combustion units have demonstrated levels of dioxins/furans emissions less than or equal to 7 nanograms per dry standard cubic meter, total mass, for 2 consecutive years. In that case, you may choose to conduct annual stack tests on only one municipal waste combustion unit per year at your plant. This provision only applies to stack testing for dioxins/furans emissions and is subject to the following 3 conditions:

a. You shall conduct the stack test no more than 13 months following a stack test on any municipal waste combustion unit subject to this section at your plant. Each year, you shall test a different municipal waste combustion unit subject to this section and shall test all municipal waste combustion units subject to this section in a sequence that you determine. Once you determine a testing sequence, it may not be changed without approval by the department.

b. If each annual stack test shows levels of dioxins/furans emissions less than or equal to 7 nanograms per dry standard cubic meter, total mass, you may continue stack tests on only one municipal waste combustion unit subject to this section per year.

c. If any annual stack test indicates levels of dioxins/furans emissions greater than 7 nanograms per dry standard cubic meter, total mass, you shall conduct subsequent annual stack tests on all municipal waste combustion units subject to this section at your plant. You may return to testing one municipal waste combustion unit subject to this section per year if you can demonstrate dioxins/furans emission levels less than or equal to 7 nanograms per dry standard cubic meter, total mass, for all municipal waste combustion units at your plant subject to this section for 2 consecutive years.

(f)May I deviate from the 13-month testing schedule if unforeseen circumstances arise? You may not deviate from the 13-month testing schedules specified in pars. (c) 2. and (e) 2. a. unless you apply to the department for an alternative schedule, and the department approves your request for alternate scheduling prior to the date on which you would otherwise have been required to conduct the next stack test.

(11) OTHER MONITORING REQUIREMENTS.

(a)Must I meet other requirements for continuous monitoring? You shall also monitor 3 operating parameters:

1. Load level of each municipal waste combustion unit.

2. Temperature of flue gases at the inlet of your particulate matter air pollution control device.

3. Carbon feed rate if activated carbon is used to control dioxins/furans or mercury emissions.

(b)How do I monitor the load of my municipal waste combustion unit?

1. If your municipal waste combustion unit generates steam, you shall install, calibrate, maintain and operate a steam flowmeter or a feed water flowmeter and meet the following 5 requirements:

a. Continuously measure and record the measurements of steam, or feed water, in kilograms or pounds per hour.

b. Calculate your steam, or feed water, flow in 4-hour block averages.

c. Calculate the steam, or feed water, flow rate using the method in "American Society of Mechanical Engineers Power Test Codes: Test Code for Steam Generating Units, Power Test Co de 4.1 - 1964 (R1991)," section 4, incorporated by reference in s. NR 440.17(2) (h) 2.

d. Design, construct, install, calibrate and use nozzles or orifices for flow rate measurements, using the recommendations in "American Society of Mechanical Engineers Interim Supplement 19.5 on Instruments and Apparatus: Application, Part II of Fluid Meters," 6th Edition (1971), chapter 4, incorporated by reference in s. NR 440.17(2) (h) 3.

e. Before each dioxins/furans stack test, or at least once a year, calibrate all signal conversion elements associated with steam, or feed water, flow measurements according to the manufacturer instructions.

2. If your municipal waste combustion unit does not generate steam, or, if your municipal waste combustion units have shared steam systems and steam load cannot be estimated per unit, you shall determine, to the satisfaction of the department, one or more operating parameters that can be used to continuously estimate load level (for example, the feed rate of municipal solid waste or refuse-derived fuel). You shall continuously monitor the selected parameters.

(c)How do I monitor the temperature of flue gases at the inlet of my particulate matter control device? You shall install, calibrate, maintain and operate a device to continuously measure the temperature of the flue gas stream at the inlet of each particulate matter control device.

(d)How do I monitor the injection rate of activated carbon? If your municipal waste combustion unit uses activated carbon to control dioxins/furans or mercury emissions, you shall meet the following 3 requirements:

1. Select a carbon injection system operating parameter that can be used to calculate carbon feed rate (for example, screw feeder speed).

2. During each dioxins/furans and mercury stack test, determine the average carbon feed rate in kilograms, or pounds, per hour. Also, determine the average operating parameter level that correlates to the carbon feed rate. Establish a relationship between the operating parameter and the carbon feed rate in order to calculate the carbon feed rate based on the operating parameter level.

3. Continuously monitor the selected operating parameter during all periods when the municipal waste combustion unit is operating and combusting waste, and calculate the 8-hour block average carbon feed rate in kilograms, or pounds, per hour, based on the selected operating parameter. When calculating the 8-hour block average, do the following 2 things:

a. Exclude hours when the municipal waste combustion unit is not operating.

b. Include hours when the municipal waste combustion unit is operating but the carbon feed system is not working correctly.

(e)What is the minimum amount of monitoring data I must collect with my continuous parameter monitoring systems and is the data collection requirement enforceable?

1. Where continuous parameter monitoring systems are used, you shall obtain 1-hour arithmetic averages for the following 3 parameters:

a. Load level of the municipal waste combustion unit.

b. Temperature of the flue gases at the inlet of your particulate matter control device.

c. Carbon feed rate if activated carbon is used to control dioxins/furans or mercury emissions.

2. You shall obtain at least 2 data points per hour in order to calculate a valid 1-hour arithmetic average.

3. You shall obtain valid 1-hour averages for at least 75% of the operating hours per day for 90% of the operating days per calendar quarter. An operating day is any day the unit combusts any municipal solid waste or refuse-derived fuel.

4. If you do not obtain the minimum data required in subds. 1. to 3., you are in violation of the data collection requirement and you shall notify the department according to sub. (13) (h) 5.

(12) RECORDKEEPING.

(a)What records must I keep? You shall keep 5 types of records:

1. Materials separation plan and siting analysis.

2. Operator training and certification.

3. Stack tests.

4. Continuously monitored pollutants and parameters.

5. Carbon feed rate.

(b)Where must I keep my records and for how long?

1. You shall keep all records onsite in paper copy or electronic format unless the department approves another format.

2. You shall keep all records on each municipal waste combustion unit for at least 5 years.

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

(c)What records must I keep for the materials separation plan and siting analysis? You shall keep records of the following 5 items:

1. The date of each record.

2. The final materials separation plan.

3. The siting analysis.

4. A record of the location and date of the public meetings.

5. Your responses to the public comments received during the public comment periods.

(d)What records must I keep for operator training and certification? You shall keep records of the following 6 items:

1. `Records of provisional certifications.' The following 3 items shall be included:

a. For your municipal waste combustion plant, names of the chief facility operator, shift supervisors and control room operators who are provisionally certified by the American society of mechanical engineers.

b. Dates of the initial provisional certifications.

c. Documentation showing current provisional certifications.

2. `Records of full certifications.' The following 3 items shall be included:

a. For your municipal waste combustion plant, names of the chief facility operator, shift supervisors and control room operators who are fully certified by the American society of mechanical engineers or the department under ch. NR 499.

b. Dates of initial and renewal full certifications.

c. Documentation showing current full certifications.

3. `Records showing completion of the operator training course.' The following 3 items shall be included:

a. For your municipal waste combustion plant, names of the chief facility operator, shift supervisors and control room operators who have completed the EPA or department municipal waste combustion operator training course.

b. Dates of completion of the operator training course.

c. Documentation showing completion of the operator training course.

4. `Records of reviews for plant-specific operating manuals.' The following 3 items shall be included:

a. Names of persons who have reviewed the operating manual.

b. Date of the initial review.

c. Dates of subsequent annual reviews.

5. `Records of when a certified operator is temporarily offsite.' The following 2 items shall be included:

a. If the certified chief facility operator and certified shift supervisor are offsite for more than 12 hours, but for 2 weeks or less, and no other certified operator is onsite, record the dates that the certified chief facility operator and certified shift supervisor were offsite.

b. When the certified chief facility operator and certified shift supervisor are offsite for more than 2 weeks and no other certified operator is onsite, keep records of the following 4 items:

1) Your notice that all certified persons are offsite.

2) The conditions that cause those people to be offsite.

3) The corrective actions you are taking to ensure a certified chief facility operator or certified shift supervisor is onsite.

4) Copies of the written reports submitted every 4 weeks that summarize the actions taken to ensure that a certified chief facility operator or certified shift supervisor will be onsite.

6. `Records of calendar dates.' You shall include the calendar date on each record.

(e)What records must I keep for stack tests? For stack tests required under sub. (10) (a), you shall keep records of the following 4 items:

1. The results of the stack tests for the following 8 pollutants or parameters recorded in the appropriate units of measure specified in Table 1 of this section:

a. Dioxins/furans.

b. Cadmium.

c. Lead.

d. Mercury.

e. Opacity.

f. Particulate matter.

g. Hydrogen chloride.

h. Fugitive ash.

2. Test reports including supporting calculations that document the results of all stack tests.

3. The maximum demonstrated load of your municipal waste combustion units and maximum temperature at the inlet of your particulate matter control device during all stack tests for dioxins/furans emissions.

4. The calendar date of each record.

(f)What records must I keep for continuously monitored pollutants or parameters? You shall keep records of the following 8 items:

1. `Monitoring data.' You shall document the following 6 parameters measured using continuous monitoring systems:

a. All 6-minute average levels of opacity.

b. All 1-hour average concentrations of sulfur dioxide emissions.

c. For Class I municipal waste combustion units only, all 1-hour average concentrations of nitrogen oxides emissions.

d. All 1-hour average concentrations of carbon monoxide emissions.

e. All 1-hour average load levels of your municipal waste combustion unit.

f. All 1-hour average flue gas temperatures at the inlet of the particulate matter control device.

2. `Average concentrations and percent reductions.' You shall document the following 5 parameters:

a. All 24-hour daily block geometric average concentrations of sulfur dioxide emissions or average percent reductions of sulfur dioxide emissions.

b. For Class I municipal waste combustion units only, all 24-hour daily arithmetic average concentrations of nitrogen oxides emissions.

c. All 4-hour block or 24-hour daily block arithmetic average concentrations of carbon monoxide emissions.

d. All 4-hour block arithmetic average load levels of your municipal waste combustion unit.

e. All 4-hour block arithmetic average flue gas temperatures at the inlet of the particulate matter control device.

3. `Exceedances.' You shall document the following 3 items:

a. Calendar dates whenever any of the 5 pollutant or parameter levels recorded in subd. 2. or the opacity level recorded in subd. 1. a. did not meet the emission limits or operating levels specified in this section.

b. Reasons you exceeded the applicable emission limits or operating levels.

c. Corrective actions you took, or are taking, to meet the emission limits or operating levels.

4. `Minimum data.' You shall document the following 3 items:

a. Calendar dates for which you did not collect the minimum amount of data required under subs. (9) (h) and (11) (e). Record the dates for the following 5 types of pollutants and parameters:

1) Sulfur dioxide emissions.

2) For Class I municipal waste combustion units only, nitrogen oxides emissions.

3) Carbon monoxide emissions.

4) Load levels of your municipal waste combustion unit.

5) Temperatures of the flue gases at the inlet of the particulate matter control device.

b. Reasons you did not collect the minimum data.

c. Corrective actions you took, or are taking, to obtain the required amount of data.

5. `Exclusions.' You shall document each time you have excluded data from your calculation of averages for any of the following 5 pollutants or parameters and the reasons the data were excluded:

a. Sulfur dioxide emissions.

b. For Class I municipal waste combustion units only, nitrogen oxides emissions.

c. Carbon monoxide emissions.

d. Load levels of your municipal waste combustion unit.

e. Temperatures of the flue gases at the inlet of the particulate matter control device.

6. `Drift and accuracy.' You shall document the results of your daily drift tests and quarterly accuracy determinations according to Procedure 1 of 40 CFR part 60, Appendix F, incorporated by reference in s. NR 440.17(1). Keep the records for the sulfur dioxide, nitrogen oxides for Class I municipal waste combustion units only, and carbon monoxide continuous emissions monitoring systems.

7. `The relationship between oxygen and carbon dioxide.' If you choose to monitor carbon dioxide instead of oxygen as a diluent gas, you shall document the relationship between oxygen and carbon dioxide, as specified in sub. (9) (g).

8. `Calendar dates.' You shall include the calendar date on each record.

(g)What records must I keep for municipal waste combustion units that use activated carbon? For municipal waste combustion units that use activated carbon to control dioxins/furans or mercury emissions, you shall keep records of the following 5 items:

1. `Average carbon feed rate.' You shall document the following 5 items:

a. Average carbon feed rate in kilograms, or pounds, per hour during all stack tests for dioxins/furans and mercury emissions. Include supporting calculations in the records.

b. For the operating parameter chosen to monitor carbon feed rate, average operating level during all stack tests for dioxins/furans and mercury emissions. Include supporting data that document the relationship between the operating parameter and the carbon feed rate.

c. All 8-hour block average carbon feed rates in kilograms, or pounds, per hour calculated from the monitored operating parameter.

d. Total carbon purchased and delivered to the municipal waste combustion plant for each calendar quarter. If you choose to evaluate total carbon purchased and delivered on a municipal waste combustion unit basis, record the total carbon purchased and delivered for each individual municipal waste combustion unit at your plant. Include supporting documentation.

e. Required quarterly usage of carbon for the municipal waste combustion plant, calculated using the equation in sub. (15) (f) 1. or 2. If you choose to evaluate required quarterly usage for carbon on a municipal waste combustion unit basis, record the required quarterly usage for each municipal waste combustion unit at your plant. Include supporting calculations.

2. `Low carbon feed rates.' You shall document the following 3 items:

a. The calendar dates when the average carbon feed rate over an 8-hour block was less than the average carbon feed rates determined during the most recent stack test for dioxins/furans or mercury emissions, whichever has a higher feed rate.

b. Reasons for the low carbon feed rates.

c. Corrective actions you took or are taking to meet the 8-hour average carbon feed rate requirement.

3. `Minimum carbon feed rate data.' You shall document the following 3 items:

a. Calendar dates for which you did not collect the minimum amount of carbon feed rate data required under sub. (11) (e).

b. Reasons you did not collect the minimum data.

c. Corrective actions you took or are taking to get the required amount of data.

4. `Exclusions.' You shall document each time you have excluded data from your calculation of average carbon feed rates and the reasons the data were excluded.

5. `Calendar dates.' You shall include the calendar date on each record.

(13) REPORTING.

(a)What reports must I submit before I submit my notice of construction?

1. If you are required to submit an application for a construction permit under ch. NR 405 or 408, you shall submit the following 5 items by the date you submit your application:

a. Your draft materials separation plan, as specified in sub. (3) (d).

b. Your revised materials separation plan, as specified in sub. (3) (h) 3.

c. Your notice of the initial public meeting for your draft materials separation plan, as specified in sub. (3) (e) 2.

d. A transcript of the initial public meeting, as specified in sub. (3) (g) 6.

e. The document that summarizes your responses to the public comments you received during the initial public comment period, as specified in sub. (3) (h) 1.

2. If you are not required to submit an application for a construction permit under ch. NR 405 or 408, you shall submit the items in subd. 1. with your notice of construction.

(b)What must I include in my notice of construction and when must I submit it?

1. You shall include the following 10 items in your notice of construction:

a. A statement of your intent to construct the municipal waste combustion unit.

b. The planned initial startup date of your municipal waste combustion unit.

c. The types of fuels you plan to combust in your municipal waste combustion unit.

d. The capacity of your municipal waste combustion unit including supporting capacity calculations, as specified in sub. (15) (d) and (e).

e. Your siting analysis, as specified in sub. (4) (d).

f. Your final materials separation plan, as specified in sub. (3) (k) 2.

g. Your notice of the second public meeting (the siting analysis meeting) as specified in sub. (4) (e) 2.

h. A transcript of the second public meeting, as specified in sub. (4) (g) 4.

i. A copy of the document that summarizes your responses to the public comments you received during the second public comment period, as specified in sub. (4) (h) 1.

j. Your final siting analysis, as specified in sub. (4) (h) 3.

2. You shall submit your notice of construction no later than 30 days after you commence construction, reconstruction or modification of your municipal waste combustion unit.

(c)What reports must I submit after I submit my notice of construction and in what form?

1. You shall submit an initial report and annual reports, plus semiannual reports for any emission or parameter level that does not meet the limits specified in this section.

2. You shall submit all reports on paper, postmarked on or before the submittal dates in pars. (e), (g) and (j). If the department agrees, you may submit electronic reports.

3. You shall keep a copy of all reports required by pars. (f), (h) and (k) onsite for 5 years.

(d)What are the appropriate units of measurement for reporting my data? Tables 1 and 2 of this section provide the appropriate units of measurement for reporting your data.

(e)When must I submit the initial report? As specified in s. NR 440.07(3), you shall submit your initial report within 60 days after your municipal waste combustion unit reaches the maximum load level at which it will operate, but no later than 180 days after its initial startup.

(f)What must I include in my initial report? You shall include the following 7 items in your initial report:

1. The emission levels measured on the date of the initial evaluation of your continuous emission monitoring systems for all of the following 5 pollutants or parameters as recorded in accordance with sub. (12) (f) 2.:

a. The 24-hour daily geometric average concentration of sulfur dioxide emissions or the 24-hour daily geometric percent reduction of sulfur dioxide emissions.

b. For Class I municipal waste combustion units only, the 24-hour daily arithmetic average concentration of nitrogen oxides emissions.

c. The 4-hour block or 24-hour daily arithmetic average concentration of carbon monoxide emissions.

d. The 4-hour block arithmetic average load level of your municipal waste combustion unit.

e. The 4-hour block arithmetic average flue gas temperature at the inlet of the particulate matter control device.

2. The results of the initial stack tests for the following 8 pollutants or parameters, using appropriate units as specified in Table 2 of this section:

a. Dioxins/furans.

b. Cadmium.

c. Lead.

d. Mercury.

e. Opacity.

f. Particulate matter.

g. Hydrogen chloride.

h. Fugitive ash.

3. The test report that documents the initial stack tests including supporting calculations.

4. The initial performance evaluation of your continuous emissions monitoring systems. Use the applicable performance specifications in 40 CFR part 60, Appendix B, incorporated by reference in s. NR 440.17(1), in conducting the evaluation.

5. The maximum demonstrated load of your municipal waste combustion unit and the maximum demonstrated temperature of the flue gases at the inlet of the particulate matter control device. Use values established during your initial stack test for dioxins/furans emissions and include supporting calculations.

6. If your municipal waste combustion unit uses activated carbon to control dioxins/furans or mercury emissions, the average carbon feed rates that you recorded during the initial stack tests for dioxins/furans and mercury emissions. Include supporting calculations as specified in sub. (12) (g) 1.

a. and

b.

7. If you choose to monitor carbon dioxide instead of oxygen as a diluent gas, documentation of the relationship between oxygen and carbon dioxide, as specified in sub. (9) (g).

(g)When must I submit the annual report? You shall submit the annual report no later than February 1 of each year that follows the calendar year in which you collected the data. If you have an operating permit for any unit under Title V of the Act (42 USC 7661 to 7661 f), the permit may require you to submit semiannual reports. Chapter NR 407 contains program requirements for operating permits.

(h)What must I include in my annual report? You shall summarize data collected for all pollutants and parameters regulated under this section. Your summary shall include the following 12 items:

1. The results of the annual stack test, using appropriate units, for the following 8 pollutants, as recorded under sub. (12) (e) 1.:

a. Dioxins/furans.

b. Cadmium.

c. Lead.

d. Mercury.

e. Particulate matter.

f. Opacity.

g. Hydrogen chloride.

h. Fugitive ash.

2. A list of the highest average levels recorded, in the appropriate units, for the following 5 pollutants or parameters:

a. Sulfur dioxide emissions.

b. For Class I municipal waste combustion units only, nitrogen oxides emissions.

c. Carbon monoxide emissions.

d. Load level of the municipal waste combustion unit.

e. Temperature of the flue gases at the inlet of the particulate matter air pollution control device, expressed as a 4-hour block average.

3. The highest 6-minute opacity level measured. You shall base the value on all 6-minute average opacity levels recorded by your continuous opacity monitoring system under sub. (12) (f) 1. a.

4. For municipal waste combustion units that use activated carbon for controlling dioxins/furans or mercury emissions, include the following 4 records:

a. The average carbon feed rates recorded during the most recent dioxins/furans and mercury stack tests.

b. The lowest 8-hour block average carbon feed rate recorded during the year.

c. The total carbon purchased and delivered to the municipal waste combustion plant for each calendar quarter. If you choose to evaluate total carbon purchased and delivered on a municipal waste combustion unit basis, record the total carbon purchased and delivered for each individual municipal waste combustion unit at your plant.

d. The required quarterly carbon usage of your municipal waste combustion plant calculated using the equation in sub. (15) (f) 1. or 2. If you choose to evaluate required quarterly usage for carbon on a municipal waste combustion unit basis, record the required quarterly usage for each municipal waste combustion unit at your plant.

5. The total number of days that you did not obtain the minimum number of hours of data for the following 6 pollutants or parameters. Include the reasons you did not obtain the data and corrective actions that you have taken to obtain the data in the future. Include data on all of the following:

a. Sulfur dioxide emissions.

b. For Class I municipal waste combustion units only, nitrogen oxides emissions.

c. Carbon monoxide emissions.

d. Load level of the municipal waste combustion unit.

e. Temperature of the flue gases at the inlet of the particulate matter air pollution control device.

f. Carbon feed rate.

6. The number of hours you have excluded data from the calculation of average levels and the reasons for excluding the data. Include data for the following 6 pollutants or parameters:

a. Sulfur dioxide emissions.

b. For Class I municipal waste combustion units only, nitrogen oxides emissions.

c. Carbon monoxide emissions.

d. Load level of the municipal waste combustion unit.

e. Temperature of the flue gases at the inlet of the particulate matter air pollution control device.

f. Carbon feed rate.

7. A notice of your intent to begin a reduced stack testing schedule for dioxins/furans emissions during the following calendar year, if you are eligible for alternative scheduling under sub. (10) (e) 1. or 2.

8. A notice of your intent to begin a reduced stack testing schedule for other pollutants during the following calendar year if you are eligible for alternative scheduling under sub. (10) (e) 1.

9. A summary of any emission or parameter level that did not meet the limits specified in this section.

10. A summary of the data in subds. 1. to 4. from the year preceding the reporting year which give the department a summary of the performance of the municipal waste combustion unit over a 2-year period.

11. If you choose to monitor carbon dioxide instead of oxygen as a diluent gas, documentation of the relationship between oxygen and carbon dioxide, as specified in sub. (9) (g).

12. Documentation of periods when all certified chief facility operators and certified shift supervisors are offsite for more than 12 hours.

(i)What must I do if I am out of compliance with the requirements of this section? You shall submit a semiannual report on any recorded emission or parameter level that does not meet the requirements specified in this section.

(j)If a semiannual report is required, when must I submit it?

1. For data collected during the first half of a calendar year, you shall submit your semiannual report by August 1 of that year.

2. For data you collected during the second half of the calendar year, you shall submit your semiannual report by February 1 of the following year.

(k)What must I include in the semiannual out-of-compliance reports? You shall include the following 3 items in the semiannual report:

1. For any of the following 6 pollutants or parameters that exceeded the limits specified in this section, include the calendar date they exceeded the limits, the averaged and recorded data for that date, the reasons for exceeding the limits, and your corrective actions:

a. Concentration or percent reduction of sulfur dioxide emissions.

b. For Class I municipal waste combustion units only, concentration of nitrogen oxides emissions.

c. Concentration of carbon monoxide emissions.

d. Load level of your municipal waste combustion unit.

e. Temperature of the flue gases at the inlet of your particulate matter air pollution control device.

f. Average 6-minute opacity level.

Note: The data obtained from your continuous opacity monitoring system are not used to determine compliance with the limit on opacity emissions.

2. If the results of your annual stack tests, as recorded in sub. (12) (e) 1., show emissions above the limits specified in Table 1 of this section for dioxins/furans, cadmium, lead, mercury, particulate matter, opacity, hydrogen chloride or fugitive ash, include a copy of the test report that documents the emission levels and your corrective actions.

3. For municipal waste combustion units that apply activated carbon to control dioxins/furans or mercury emissions, include the following 2 items:

a. Documentation of all dates when the 8-hour block average carbon feed rate, calculated from the carbon injection system operating parameter, is less than the highest carbon feed rate established during the most recent mercury or dioxins/furans stack test, as specified in sub. (12) (g) 1. a. Include the following 4 items:

1) Eight-hour average carbon feed rate.

2) Reasons for occurrences of low carbon feed rates.

3) The corrective actions you have taken to meet the carbon feed rate requirement.

4) The calendar date.

b. Documentation of each quarter when total carbon purchased and delivered to the municipal waste combustion plant is less than the total required quarterly usage of carbon. If you choose to evaluate total carbon purchased and delivered on a municipal waste combustion unit basis, record the total carbon purchased and delivered for each individual municipal waste combustion unit at your plant. Include the following 5 items:

1) Amount of carbon purchased and delivered to the plant.

2) Required quarterly usage of carbon.

3) Reasons for not meeting the required quarterly usage of carbon.

4) The corrective actions you have taken to meet the required quarterly usage of carbon.

5) The calendar date.

(L)Can reporting dates be changed?

1. If the department agrees, you may change the semiannual or annual reporting dates.

2. Section NR 440.185(3) specifies the procedures to seek approval to change your reporting date.

(14) AIR CURTAIN INCINERATORS THAT BURN 100% YARD WASTE.

(a)What are the emission limits for air curtain incinerators that burn 100% yard waste? If your air curtain incinerator combusts 100% yard waste, only the emission limits in this subsection apply.

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

a. The opacity limit is 10% (6-minute average) for air curtain incinerators that can combust at least 35 tons per day of municipal solid waste and no more than 250 tons per day of municipal solid waste.

b. The opacity limit 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. Each malfunction may not exceed 3 hours.

(b)How must I monitor opacity for air curtain incinerators that burn 100% yard waste?

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

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 later than 13 calendar months following the date of your previous test.

(c)What are the recordkeeping and reporting requirements for air curtain incinerators that burn 100% yard waste?

1. You shall provide a notice of construction that includes the following 4 items:

a. Your intent to construct the air curtain incinerator.

b. Your planned initial startup date.

c. Types of fuels you plan to combust in your air curtain incinerator.

d. The capacity of your incinerator, including supporting capacity calculations, as specified in sub. (15) (d) and (e).

2. You shall keep records of results of all opacity tests onsite in either paper copy or electronic format unless the department approves another format.

3. You shall keep all records for each incinerator for at least 5 years.

4. You shall make all records available for submittal to the department or for onsite review by an inspector.

5. You shall submit the results (each 6-minute average) of the opacity tests by February 1 of the year following the year of the opacity emission test.

6. You shall submit reports as a paper copy on or before the applicable submittal date. If the department agrees, you may submit reports on electronic media.

7. If the department agrees, you may change the annual reporting dates under s. NR 440.185(3).

8. You shall keep a copy of all reports onsite for a period of 5 years.

(15) EQUATIONS.

(a) Concentration correction to 7% oxygen. You shall correct any pollutant concentration to 7% oxygen using the following equation:

See Image

where:

C7% is the concentration corrected to 7% oxygen

Cunc is the uncorrected pollutant concentration

O2 is the concentration of oxygen, percent

(b) Percent reduction in potential mercury emissions. You shall calculate the percent reduction in potential mercury emissions (%PHg) using the following equation:

See Image

where:

%PHg is the percent reduction of potential mercury emissions

Ei is the mercury emission concentration as measured at the air pollution control device inlet, corrected to 7% oxygen, dry basis

Eo is the mercury emission concentration as measured at the air pollution control device outlet, corrected to 7% oxygen, dry basis

(c) Percent reduction in potential hydrogen chloride emissions. You shall calculate the percent reduction in potential hydrogen chloride emissions (%PHCl) using the following equation:

See Image

where:

%PHCl is the percent reduction of the potential hydrogen chloride emissions

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

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

(d)Capacity of a municipal waste combustion unit. For a municipal waste combustion unit that can operate continuously for 24-hour periods, you shall calculate the municipal waste combustion unit capacity based on 24 hours of operation at the maximum charge rate. To determine the maximum charge rate, use one of the following 2 methods:

1. For municipal waste combustion units with a design based on heat input capacity, you shall calculate the maximum charging rate based on the maximum heat input capacity and one of the following 2 heating values:

a. If your municipal waste combustion unit combusts refuse-derived fuel, use a heating value of 12,800 kilojoules per kilogram (5,500 Btu per pound).

b. If your municipal waste combustion unit combusts municipal solid waste, use a heating value of 10,500 kilojoules per kilogram (4,500 Btu per pound).

2. For municipal waste combustion units with a design not based on heat input capacity, you shall use the maximum designed charging rate.

(e)Capacity of a batch municipal waste combustion unit. You shall calculate the capacity of a batch municipal waste combustion unit as the maximum design amount of municipal solid waste that can be charged per batch multiplied by the maximum number of batches that can be processed in 24 hours. Calculate the maximum number of batches by dividing 24 by the number of hours needed to process one batch. Retain fractional batches in the calculation. For example, if one batch requires 16 hours, the municipal waste combustion unit can combust 24/16, or 1.5 batches, in 24 hours.

(f)Quarterly carbon usage. If you use activated carbon to comply with the dioxins/furans or mercury limits, you shall calculate the required quarterly usage of carbon using the equation in subd.

1. for plant basis or the equation in subd. 2. for unit basis. 1. `Plant basis.'

See Image

where:

C is the required quarterly carbon usage for the plant in kilograms or pounds

fi is the required carbon feed rate for the municipal waste combustion unit in kilograms or pounds per hour. The required carbon feed rate is the average carbon feed rate during the most recent mercury or dioxins/furans stack tests, whichever has a higher feed rate.

hi is the number of hours the municipal waste combustion unit was in operation during the calendar quarter.

n is the number of municipal waste combustion units, i, located at your plant.

2. `Unit basis.'

See Image

where:

C is the required quarterly carbon usage for the unit in kilograms or pounds.

f is the required carbon feed rate for the municipal waste combustion unit in kilograms or pounds per hour. The required carbon feed rate is the average carbon feed rate during the most recent mercury or dioxins/furans stack tests, whichever has a higher feed rate.

h = number of hours the municipal waste combustion unit was in operation during the calendar quarter.

Table 1. - Emission Limits for New Small Municipal Waste Combustion Units

For the following pollutants:	You shall meet the following emission limits:	Using the following averaging times:	And determine compliance by the following methods:
1.	Organics Dioxins/Furans (total mass basis)	13 nonograms per dry standard cubic meter.	3-run average (minimum run duration is 4 hours).	Stack test.
2.	Metals a. Cadmium	0.020 milligrams per dry standard cubic meter.	3-run average (run duration specified in test method).	Stack test.
b. Lead	0.20 milligrams per dry standard cubic meter.	3-run average (run duration specified in test method).	Stack test.
c. Mercury	0.080 milligrams per dry standard cubic meter or 85% reduction of potential mercury emissions.	3-run average (run duration specified in test method).	Stack test.
d. Opacity	10%.	Thirty 6-minute averages.	Stack test.
e. Particulate Matter	24 milligrams per dry standard cubic meter.	3-run average (run duration specified in test method).	Stack test.
3.	Acid Gases a. Hydrogen Chloride	25 parts per million by dry volume or 95% reduction of potential hydrogen chloride emissions.	3-run average (minimum run duration is 1 hour).	Stack test.
b. Nitrogen Oxides (Class I units)b	150 (180 for 1st year of operation) parts per million by dry volume.	24-hour daily block arithmetic average concentration.	Continuous emission monitoring system.
c. Nitrogen Oxides (Class II units)c	500 parts per million by dry volume.	See footnote d.	See footnote d.
d. Sulfur Dioxide	30 parts per million by dry volume or 80% reduction of potential sulfur dioxide emissions.	24-hour daily block geometric average concentration or percent reduction	Continuous emission monitoring system.
4.	Other: Fugitive Ash	Visible emissions for no more than 5% of hourly observation period.	Three 1-hour observation periods.	Visible emission test.
aAll emission limits, except for opacity, are measured at 7% oxygen.
bClass I units mean small municipal waste combustion units subject to this section that are located at municipal waste combustion plants with an aggregate plant combustion capacity of more than 250 tons per day of municipal solid waste. See sub. (2) for definitions.
cClass II units mean small municipal waste combustion units subject to this section that are located at municipal waste combustion plants with an aggregate plant combustion capacity of no more than 250 tons per day of municipal solid waste. See sub. (2) for definitions.
dNo monitoring, testing, recordkeeping or reporting is required to demonstrate compliance with the nitrogen oxides limit for Class II units.

Table 2. - Carbon Monoxide Emission Limits for New Small Municipal Waste Combustion Units

For the following municipal waste combustion units:	You shall meet the following carbon monoxide limitsa:	Using the following averaging times:
1.	Fluidized-bed	100 parts per million by dry volume.	4-hour.
2.	Fluidized bed, mixed fuel, (wood/refuse-derived fuel)	200 parts per million by dry volume.	24-hour.
3.	Mass burn rotary refractory	100 parts per million by dry volume.	4-hour.
4.	Mass burn rotary waterwall.	100 parts per million by dry volume.	24-hour.
5.	Mass burn waterwall and refractory	100 parts per million by dry volume.	4-hour.
6	Mixed fuel fired (pulverized coal/refuse-derived fuel)	150 parts per million by dry volume.	4-hour.
7.	Modular starved-air and excess air	50 parts per million by dry volume.	4-hour.
8.	Spreader stoker, mixed fuel-fired (coal/refuse-derived fuel).	150 parts per million by dry volume.	24-hour daily.
9.	Stoker, refuse-derived fuel	150 parts per million by dry volume.	24-hour daily.
aAll limits, except for opacity, are measured at 7% oxygen. Compliance is determined by continuous emission monitoring systems
bBlock averages, arithmetic mean. See sub. (2) for definitions.
c24-hour block average, geometric mean. See sub. (2) for definitions.

Table 3. - Requirements for Validating Continuous Emission Monitoring Systems (CEMS)

For the following continuous emission monitoring systems:	Use the following methods in Appendix A of 40 CFR part 60b to validate pollutant concentration levels:	Use the following methods in Appendix A of 40 CFR part 60b to measure oxygen or carbon dioxide:
1. Nitrogen Oxides (Class 1 units only	Method 7, 7A, 7B, 7C, 7D or 7E	Method 3 or 3A
2. Sulfur Dioxide	Method 6 or 6C	Method 3 or 3A
3. Carbon Monoxide	Method 10, 10A or 10B	Method 3 or 3A
aClass I units mean small municipal waste combustion units subject to this section that are located at municipal waste combustion plants with an aggregate plant combustion capacity of more than 250 tons per day of municipal solid waste. See sub. (2) for definitions.
bIncorporated by reference in s..

Table 4. - Requirements for Continuous Emission Monitoring Systems (CEMS)

For the following pollutants:	Use the following span values for your CEMS:	Use the following performance specifications in Appendix B of 40 CFR part 60 for your CEMS:	If needed to meet a minimum data requirement, use the following alternate methods in Appendix A of 40 CFR part 60c to collect data:
1. Opacity	100% opacity	P.S. 1	Method 9
2. Nitrogen Oxides (Class I units	Control device outlet: 125% of	P.S. 2	Method 9
only)	the maximum expected hourly potential nitrogen oxides emissions of the municipal waste combustion unit
3. Sulfur Dioxide	Inlet to control device: 125% of the maximum expected sulfur dioxide emissions of the municipal waste combustion unit. Control device outlet: 50% of the maximum expected hourly potential sulfur dioxide emissions of the municipal waste combustion unit	P.S. 2	Method 6C
4. Carbon Monoxide	125% of the maximum expected hourly potential carbon monoxide emissions of the municipal waste combustion unit	P.S. 4A	Method 10 with alternative interference trap
5. Oxygen or Carbon Dioxide	25% oxygen or 25% carbon dioxide	P.S. 3	Method 3A or 3B.
aClass I units mean small municipal waste combustion units subject to this section that are located at municipal waste combustion plants with an aggregate plant combustion capacity of more than 250 tons per day of municipal solid waste. See sub. (2) for definitions.
bIncorporated by reference in s..
cIncorporated by reference in s..

Table 5. - Requirements for Stack Tests

To measure the following pollutants:	Use the following methods in Appendix A of 40 CFR part 60c to determine the sampling location:	Use the following methods in Appendix A of 40 CFR part 60c to measure pollutant concentration:	Also note the following additional information:
1.	Organics:
a. Dioxins/furans	Method 1	Method 23a	The minimum sampling time shall be 4 hours per test run while the municipal waste combustion unit is operating at full load.
2.	Metals:
a. Cadmium	Method 1	Method 29a	Compliance testing shall be performed while the municipal waste combustion unit is operating at full load.
b. Lead	Method 1	Method 29a	Compliance testing shall be performed while the municipal waste combustion unit is operating at full load.
c. Mercury	Method 1	Method 29a	Compliance testing shall be performed while the municipal waste combustion unit is operating at full load.
d. Opacity	Method 9	Method 9	Use Method 9 to determine compliance with opacity limit. 3-hour observation period. (30 6-minute averages)
e. Particulate matter	Method 1	Method 5a	The minimum sample volume shall be 1.0 cubic meters. The probe and filter holder heating systems in the sample train shall be set to provide a gas temperature no greater than 160 + 14°C. The minimum sampling time shall be 1 hour.
3.	Acid Gases:b
a. Hydrogen Chloride	Method 1	Method 26 or 26A	Test runs shall be at least 1 hour long while the municipal waste combustion unit is operating at full load.
4.	Other:b
a. Fugitive Ash	Not applicable	Method 22 (visible emissions)	The 3 1-hour observation periods shall include periods when the facility transfers fugitive ash from the municipal waste combustion unit to the area where the fugitive ash is stored or loaded into containers or trucks.
aSimultaneously measure oxygen or carbon dioxide using Method 3A or 3B in Appendix A of, incorporated by reference in s..
bUse CEMS to test sulfur dioxide, nitrogen oxides and carbon monoxide. Stack tests are not required except for quality assurance requirements in Appendix F of, incorporated by reference in s..
cIncorporated by reference in s..

Wis. Admin. Code Department of Natural Resources NR 440.76

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