NR 440.21 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84; am. (2) (intro.),
Register, September, 1990, No. 417, eff. 10-1-90; r. and recr. (5),
Register, July, 1993, No. 451, eff. 8-1-93;
CR 06-109: renum. (3) (a) to be (3) and am., renum. (4) (a) to be (4), am. (5) (b) 1. and 3. a. Register May 2008 No. 629, eff. 6-1-08.
NR 440.215
NR 440.215 Municipal waste combustors for which construction is commenced after December 20, 1989 and on or before September 20, 1994. NR 440.215(1)(a)(a) The affected facility to which this section applies is each MWC unit with an MWC unit capacity greater than 225 megagrams per day (250 tons per day) of MSW for which construction, modification or reconstruction is commenced as follows:
NR 440.215(1)(a)1.
1. Construction is commenced after December 20, 1989 and on or before September 20, 1994.
NR 440.215(1)(a)2.
2. Modification or reconstruction is commenced after December 20, 1989 and on or before June 19, 1996.
NR 440.215(1)(c)
(c) Any unit combusting a single-item waste stream of tires is exempt from this section if the owner or operator of the unit does the following:
NR 440.215(1)(c)2.
2. Provides data documenting that the unit qualifies for the exemption.
NR 440.215(1)(d)
(d) Any cofired combustor, as defined under
sub. (2), located at a plant that meets the capacity specification in
par. (a) is exempt from other requirements of this section if the owner or operator of the cofired combustor does all of the following:
NR 440.215(1)(d)2.
2. Provides a copy of the federally enforceable permit specified in the definition of cofired combustor under
sub. (2).
NR 440.215(1)(d)3.
3. Keeps a record on a calendar quarter basis of the weight of MSW combusted at the cofired combustor and the weight of all other fuels combusted at the cofired combustor.
NR 440.215(1)(e)
(e) Any cofired combustor that is subject to a federally enforceable permit limiting the operation of the combustor to no more than 225 megagrams per day (250 tons per day) of MSW is exempt from this section.
NR 440.215(1)(f)
(f) Physical or operational changes made to an existing MWC unit primarily for the purpose of complying with emission guidelines under
40 CFR part 60 subpart Cb are not considered a modification or reconstruction and do not result in an existing MWC unit becoming subject to this section.
NR 440.215(1)(g)
(g) A qualifying small power production facility, as defined in section 3 (17) (C) of the Federal Power Act (
16 USC 796 (17) (C)), that burns homogeneous waste, such as automotive tires or used oil, but not including refuse-derived fuel, for the production of electric energy is exempt from this section if the owner or operator of the facility notifies the department of an exemption claim and provides data documenting that the facility qualifies for this exemption.
NR 440.215(1)(h)
(h) A qualifying cogeneration facility, as defined in section 3 (18) (B) of the Federal Power Act (
16 USC 796 (18) (B)), that burns homogeneous waste such as automotive tires or used oil, but not including refuse-derived fuel, for the production of electric energy and steam or forms of useful energy such as heat that are used for industrial, commercial, heating or cooling purposes, is exempt from this section if the owner or operator of the facility notifies the department of an exemption claim and provides data documenting that the facility qualifies for this exemption.
NR 440.215(1)(i)
(i) Any unit required to have a permit under section 3005 of the Solid Waste Disposal Act (
42 USC 6925) is exempt from this section.
NR 440.215(1)(j)
(j) Any materials recovery facility, including primary or secondary smelters, that combusts waste for the primary purpose of recovering metals is exempt from this section.
NR 440.215(1)(k)
(k) Pyrolysis or combustion units that are an integrated part of a plastics or rubber recycling unit, as defined under
sub. (2), are exempt from this section if the owner or operator of the plastics or rubber recycling unit keeps records of the weight of plastics, rubber and rubber tires processed on a calendar quarter basis; the weight of chemical plant feedstocks and petroleum refinery feedstocks produced and marketed on a calendar quarter basis; and the name and address of the purchaser of the feedstocks. The combustion of gasoline, diesel fuel, jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, liquified petroleum gas, propane or butane produced by chemical plants or petroleum refineries that use feedstocks produced by plastics or rubber recycling units are exempt from this section.
NR 440.215(2)
(2) Definitions. All terms not defined in this section have the meanings given in
s. NR 440.02. In this section:
NR 440.215(2)(a)
(a) “Batch MWC"means an MWC unit designed such that it cannot combust MSW continuously 24 hours per day because the design does not allow waste to be fed to the unit or ash to be removed while combustion is occurring.
NR 440.215(2)(b)
(b) “Bubbling fluidized bed combustor" means a fluidized bed combustor in which the majority of the bed material remains in a fluidized state in the primary combustion zone.
NR 440.215(2)(be)
(be) “Calendar quarter" means a consecutive 3-month period, nonoverlapping, beginning on January 1, April 1, July 1 or October 1.
NR 440.215(2)(bm)
(bm) “Chief facility operator" means the person in direct charge and control of the operation of an MWC and who is responsible for daily on site supervision, technical direction, management and overall performance of the facility.
NR 440.215(2)(c)
(c) “Circulating fluidized bed combustor" means a fluidized bed combustor in which the majority of the fluidized bed material is carried out of the primary combustion zone and is transported back to the primary zone through a recirculation loop.
NR 440.215(2)(cm)
(cm) “Clean wood" means untreated wood or untreated wood products including clean untreated lumber, tree stumps (whole or chipped) and tree limbs (whole or chipped). Clean wood does not include yard waste, construction, renovation and demolition wastes (which includes railroad ties and telephone poles), which are exempt from the definition of MSW.
NR 440.215(2)(d)
(d) “Cofired combustor" means a unit combusting MSW with a non-MSW fuel (for example, coal or industrial process waste) and subject to a federally enforceable permit limiting the unit to combusting a fuel feed stream, 30% or less of the weight of which is comprised, in aggregate, of MSW as measured on a calendar quarter basis.
NR 440.215(2)(dm)
(dm) “Continuous emission monitoring system" or “CEMS" means a monitoring system for continuously measuring the emissions of a pollutant from an affected facility.
NR 440.215(2)(ds)
(ds) “Continuous monitoring system" means the total equipment used to sample and condition (if applicable), to analyze and to provide a permanent record of emissions or process parameters.
NR 440.215(2)(e)
(e) “Dioxin/furan" means total tetra through octa-chlorinated dibenzo-p- dioxins and dibenzofurans.
NR 440.215(2)(em)
(em) “Four-hour block average" or “4-hour block average" means the average of all hourly emission rates when the affected facility is operating and combusting MSW measured over 4-hour periods of time from 12:00 midnight to 4 a.m., 4 a.m. to 8 a.m., 8 a.m. to 12:00 noon, 12:00 noon to 4 p.m., 4 p.m. to 8 p.m., and 8 p.m. to 12:00 midnight.
NR 440.215(2)(f)
(f) “Large MWC plant" means an MWC plant with an MWC aggregate plant capacity for affected facilities that is greater than 225 megagrams per day (250 tons per day) of MSW.
NR 440.215(2)(fm)
(fm) “Mass burn refractory MWC" means a field-erected combustor that combusts MSW in a refractory wall furnace. Unless otherwise specified, this includes combustors with a cylindrical rotary refractory wall furnace.
NR 440.215(2)(g)
(g) “Mass burn rotary waterwall MWC" means a field-erected combustor that combusts MSW in a cylindrical rotary waterwall furnace.
NR 440.215(2)(gm)
(gm) “Mass burn waterwall MWC" means a field-erected combustor that combusts MSW in a waterwall furnace.
NR 440.215(2)(h)
(h) “Maximum demonstrated MWC unit load" means the highest 4-hour arithmetic average MWC unit load achieved during 4 consecutive hours during the most recent dioxin/furan performance test demonstrating compliance with the applicable limit for MWC organics specified under
sub. (4).
NR 440.215(2)(hm)
(hm) “Maximum demonstrated particulate matter control device temperature" means the maximum 4-hour arithmetic average flue gas temperature measured at the particulate matter control device inlet during 4 consecutive hours during the most recent dioxin/furan performance test demonstrating compliance with the applicable limit for MWC organics specified under
sub. (4).
NR 440.215(2)(i)
(i) “Modification" or “modified MWC unit" means an MWC unit to which changes have been made if the cumulative cost of the changes, over the life of the unit, exceed 50% of the original cost of construction and installation of the unit, not including the cost of any land purchased in connection with the construction or installation, updated to current costs; or any physical change in the MWC unit or change in the method of operation of the MWC unit which increases the amount of any air pollutant emitted by the unit for which standards have been established under section 111 or 129 of the Act (
42 USC 7411 or
7429). Increases in the amount of any air pollutant emitted by the MWC unit are determined at 100% physical load capability and downstream of all air pollution control devices, with no consideration given for load restrictions based on permits or other non-physical operational restrictions.
NR 440.215(2)(im)
(im) “Modular excess air MWC" means a combustor that combusts MSW and that is not field erected and has multiple combustion chambers, all of which are designed to operate at conditions with combustion air amounts in excess of theoretical air requirements.
NR 440.215(2)(j)
(j) “Modular starved air MWC" means a combustor that combusts MSW and that is not field erected and has multiple combustion chambers in which the primary combustion chamber is designed to operate at substoichiometric conditions.
NR 440.215(2)(jm)
(jm) “Municipal solid waste" or “municipal type solid waste" or “MSW" means household, commercial, retail or institutional waste. Household waste includes material discarded by single and multiple residential dwellings, hotels, motels and other similar permanent or temporary housing establishments or facilities. Commercial or retail waste includes material discarded by stores, offices, restaurants, warehouses, nonmanufacturing activities at industrial facilities and other similar establishments or facilities. Institutional waste includes material discarded by schools, nonmedical waste discarded by hospitals, material discarded by nonmanufacturing activities at prisons and government facilities and material discarded by other similar establishments or facilities. Household, commercial or retail and institutional waste do not include used oil; sewage sludge; wood pallets; construction, renovation and demolition wastes (which includes railroad ties and telephone poles); industrial process or manufacturing wastes; medical waste or motor vehicles including motor vehicle parts or vehicle fluff. Household, commercial, retail and institutional wastes include yard waste, refuse-derived fuel and motor vehicle maintenance materials limited to vehicle batteries and tires except as specified in
sub. (1) (c).
NR 440.215(2)(k)
(k) “Municipal waste combustor" or “MWC" or “MWC unit" means any setting or equipment that combusts solid, liquid or gasified MSW including, but not limited to, field erected incinerators with or without heat recovery; modular incinerators, starved air or excess air; boilers or steam generating units; furnaces whether suspension fired, grate fired, mass fired, air curtain incinerators or fluidized bed fired; and pyrolysis or combustion units. MWC does not include pyrolysis or combustion units located at plastics or rubber recycling units. MWC does not include internal combustion engines, gas turbines or other combustion devices that combust landfill gases collected by landfill gas collection systems. The MWC unit includes the MSW fuel feed system, grate system, flue gas system, bottom ash system and the combustor water system. The MWC boundary starts at the MSW pit or hopper and extends through the combustor flue gas system, which ends immediately following the heat recovery equipment or, if there is no heat recovery equipment, immediately following the combustion chamber; the combustor bottom ash system, which ends at the truck loading station or similar ash handling equipment that transfers the ash to final disposal, including all ash handling systems that are connected to the bottom ash handling system; and the combustor water system, which starts at the feed water pump and ends at the piping exiting the steam drum or superheater. The MWC unit does not include air pollution control equipment, the stack, water treatment equipment or the turbine generator set.
NR 440.215(2)(L)
(L) “MWC acid gases" means all acid gases emitted in the exhaust gases from MWC units including but not limited to sulfur dioxide and hydrogen chloride gases.
NR 440.215(2)(m)
(m) “MWC metals" means metals and metal compounds emitted in the exhaust gases from MWC units.
NR 440.215(2)(n)
(n) “MWC organics" means organic compounds emitted in the exhaust gases from MWC units and includes total tetra through octa-chlorinated dibenzo-p- dioxins and dibenzofurans.
NR 440.215(2)(o)
(o) “MWC plant" means one or more MWC units at the same location for which construction, modification or reconstruction is commenced after December 20, 1989 and on or before September 20, 1994.
NR 440.215(2)(p)
(p) “MWC plant capacity" means the aggregate MWC unit capacity of all MWC units at an MWC plant for which construction, modification or reconstruction of the units commenced after December 20, 1989 and on or before September 20, 1994. Any MWC units for which construction, modification or reconstruction is commenced on or before December 20, 1989 or after September 20, 1994 are not included for determining applicability under this section.
NR 440.215(2)(q)
(q) “MWC unit capacity" means the maximum design charging rate of an MWC unit expressed in megagrams per day or tons per day of MSW combusted, calculated according to the procedures under
sub. (9) (j). Municipal waste combustor unit capacity is calculated using a design heating value of 10,500 kilojoules per kilogram (4,500 British thermal units per pound) for MSW. The calculational procedures under
sub. (9) (j) include procedures for determining MWC unit capacity for continuous and batch feed MWCs.
NR 440.215(2)(r)
(r) “Particulate matter" means total particulate matter emitted from MWC units as measured by Method 5 of Appendix A of
40 CFR part 60, incorporated by reference in
s. NR 440.17.
NR 440.215(2)(rm)
(rm) “Plastics or rubber recycling unit" means an integrated processing unit where plastics, rubber or rubber tires are the only feed materials and the feed materials are processed into a chemical plant feedstock or petroleum refinery feedstock, where the feedstock is marketed to and used by a chemical plant or petroleum refinery as input feedstock. The combined weight of the chemical plant feedstock and petroleum refinery feedstock produced by the plastics or rubber recycling unit on a calendar quarter basis shall be more than 70% of the combined weight of the plastic, rubber and rubber tires processed by the plastics or rubber recycling unit on a calendar quarter basis. The plastics, rubber or rubber tire feed materials to the plastics or rubber recycling unit may originate from the separation or diversion of plastics, rubber or rubber tires from MSW or industrial solid waste and may include manufacturing scraps, trimmings and off-specification plastics, rubber and rubber tire discards. The plastics, rubber and rubber tire feed materials to the plastics or rubber recycling unit may contain incidental contaminants, for example, paper labels on plastic bottles, metal rings on plastic bottle caps, etc.
NR 440.215(2)(s)
(s) “Potential hydrogen chloride emission rate" means the hydrogen chloride emission rate that would occur from combustion of MSW in the absence of any hydrogen chloride emissions control.
NR 440.215(2)(t)
(t) “Potential sulfur dioxide emission rate" means the sulfur dioxide emission rate that would occur from combustion of MSW in the absence of any sulfur dioxide emissions control.
NR 440.215(2)(tg)
(tg) “Pulverized coal and RDF mixed fuel-fired combustor" means a combustor that fires coal and RDF simultaneously, in which pulverized coal is introduced into an air stream that carries the coal to the combustion chamber of the unit where it is fired in suspension. This includes both conventional pulverized coal and micropulverized coal.
NR 440.215(2)(tr)
(tr) “Pyrolysis or combustion unit" means a unit that produces gases, liquids or solids through the heating of MSW, and the gases, liquids or solids produced are combusted and emissions vented to the atmosphere.
NR 440.215(2)(u)
(u) “RDF stoker" means a steam generating unit that combusts RDF in a semi-suspension firing mode using air fed distributors.
NR 440.215(2)(ug)
(ug) “Reconstruction" means rebuilding an MWC unit for which the cumulative costs of the construction over the life of the unit exceed 50% of the original cost of construction and installation of the unit, not including any cost of land purchased in connection with such construction or installation, updated to current dollars.
NR 440.215(2)(ur)
(ur) “Refractory unit" or “refractory wall furnace" means a combustion unit having no energy recovery (for example, via a waterwall) in the furnace (that is, radiant heat transfer section) of the combustor.
NR 440.215(2)(v)
(v) “Refuse derived fuel" or “RDF" means a type of MSW produced by processing MSW through shredding and size classification. This includes all classes of RDF including low density fluff RDF through densified RDF and RDF fuel pellets.
NR 440.215(2)(w)
(w) “Same location" means the same or contiguous property that is under common ownership or control, including properties that are separated only by a street, road, highway or other public right of way. Common ownership or control includes properties that are owned, leased or operated by the same entity, parent entity, subsidiary, subdivision or any combination thereof, including any municipality or other governmental unit or any quasi- governmental authority such as a public utility district or regional waste disposal authority.
NR 440.215(2)(x)
(x) “Shift supervisor" means the person in direct charge and control of the operation of an MWC and who is responsible for on site supervision, technical direction, management and overall performance of the facility during an assigned shift.
NR 440.215(2)(xm)
(xm) “Spreader stoker coal and RDF mixed fuel-fired combustor" means a combustor that fires coal and RDF 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.
NR 440.215(2)(y)
(y) “Standard conditions" means a temperature of 20
°C (68
°F) and a pressure of 101.3 kPa (29.92 in Hg).
NR 440.215(2)(z)
(z) “Twenty-four-hour daily average" or “24-hour daily average" means the arithmetic or geometric mean as specified in
sub. (9) (e),
(g) or
(h), as applicable, of all hourly emission rates when the affected facility is operating and firing MSW measured over a 24-hour period between 12:00 midnight and the following midnight.
NR 440.215(2)(ze)
(ze) “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. Pressure treating compounds include chromate copper arsenate, pentachlorophenol and creosote.
NR 440.215(2)(zm)
(zm) “Waterwall furnace" means a combustion unit having energy (heat) recovery in the furnace (that is, radiant heat transfer section) of the combustor.
NR 440.215(2)(zs)
(zs) “Yard waste" means grass, grass clippings, bushes, shrubs and clippings from bushes and shrubs that are generated by residential, commercial or retail, institutional or industrial sources as part of maintenance activities associated with yards or other private or public lands. Yard waste does not include construction, renovation and demolition wastes, which are exempt from the definition of MSW. Yard waste does not include clean wood, which is exempt from the definition of MSW.
NR 440.215(3)(a)(a) On and after the date on which the initial compliance test is completed or is required to be completed under
s. NR 440.08, no owner or operator of an affected facility located within a large MWC plant may cause to be discharged into the atmosphere from that affected facility any gases that contain particulate matter in excess of 34 milligrams per dry standard cubic meter (0.015 grains per dry standard cubic foot), corrected to 7% oxygen dry basis.
NR 440.215(3)(b)
(b) On and after the date on which the initial compliance test is completed or is required to be completed under
s. NR 440.08, no owner or operator of an affected facility subject to the particulate matter emission limit under
par. (a) may cause to be discharged into the atmosphere from that affected facility any gases that exhibit greater than 10% opacity (6-minute average).
NR 440.215(4)
(4) Standard for municipal waste combustor organics. NR 440.215(4)(b)(b) On and after the date on which the initial compliance test is completed or is required to be completed under
s. NR 440.08, no owner or operator of an affected facility located within a large MWC plant may cause to be discharged into the atmosphere from that affected facility any gases that contain dioxin/furan emissions that exceed 30 nanograms per dry standard cubic meter (12 grains per billion dry standard cubic feet), corrected to 7% oxygen dry basis.
NR 440.215(5)
(5) Standard for municipal waste combustor acid gases. NR 440.215(5)(c)(c) On and after the date on which the initial compliance test is completed or is required to be completed under
s. NR 440.08, no owner or operator of an affected facility located within a large MWC plant shall cause to be discharged into the atmosphere from that affected facility any gases that contain sulfur dioxide in excess of 20% of the potential sulfur dioxide emission rate (80% reduction by weight or volume) or 30 parts per million by volume, corrected to 7% oxygen dry basis, whichever is less stringent. The averaging time is specified in
sub. (9) (e).
NR 440.215(5)(d)
(d) On and after the date on which the initial compliance test is completed or is required to be completed under
s. NR 440.08, no owner or operator of an affected facility located within a large MWC plant may cause to be discharged into the atmosphere from that affected facility any gases that contain hydrogen chloride in excess of 5% of the potential hydrogen chloride emission rate (95% reduction by weight or volume) or 25 parts per million by volume, corrected to 7% oxygen dry basis, whichever is less stringent.
NR 440.215(6)
(6) Standard for nitrogen oxides. On and after the date on which the initial compliance test is completed or is required to be completed under
s. NR 440.08, no owner or operator of an affected facility located within a large MWC plant may cause to be discharged into the atmosphere from that affected facility any gases that contain nitrogen oxides in excess of 180 parts per million by volume, corrected to 7% oxygen dry basis. The averaging time is specified under
sub. (9) (g).
NR 440.215(7)
(7) Standards for municipal waste combustor operating practices. NR 440.215(7)(a)(a) On and after the date on which the initial compliance test is completed or is required to be completed under
s. NR 440.08, no owner or operator of an affected facility located within a large MWC plant may cause the facility to exceed the carbon monoxide standards shown in Table 1.
- See PDF for table 
1 Measured at the combustor outlet in conjunction with a measurement of oxygen concentration, corrected to 7% oxygen dry basis. The averaging times are specified in sub. (9) (h).
NR 440.215(7)(b)
(b) No owner or operator of an affected facility located within a large MWC plant may cause the facility to operate at a load level greater than 110% of the maximum demonstrated MWC unit load as defined in
sub. (2). The averaging time is specified under
sub. (9) (h).
NR 440.215(7)(c)
(c) No owner or operator of an affected facility located within a large MWC plant may cause the facility to operate at a temperature, measured at the final particulate matter control device inlet, exceeding 17
°C (30
°F) above the maximum demonstrated particulate matter control device temperature as defined in
sub. (2). The averaging time is specified under
sub. (9) (h).
NR 440.215(7)(d)
(d) Within 24 months from the date of startup of an affected facility or before February 11, 1993, whichever is later, each chief facility operator and shift supervisor of an affected facility located within a large MWC plant shall obtain and keep current either a provisional or operator certification in accordance with ASME QRO-1-1994, incorporated by reference in
s. NR 440.17 (2) (h) 1., or an equivalent state approved certification program.
NR 440.215(7)(e)
(e) No owner or operator of an affected facility may allow the affected facility located at a large MWC plant to operate at any time without a certified shift supervisor, as provided under
par. (d), on duty at the affected facility. This requirement shall take effect 24 months after the date of startup of the affected facility or on and after February 11, 1993, whichever is later.
NR 440.215(7)(f)
(f) The owner or operator of an affected facility located within a large MWC plant shall develop and update on a yearly basis a site specific operating manual that shall, at a minimum, address the following elements of MWC unit operation:
