Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter II - Standards of Performance › Section NR 440.216 - Large municipal waste combustors for which construction is commenced after September 20, 1994 or for which modification or reconstruction is commenced after June 19, 1996

Current through June 24, 2024
(1) APPLICABILITY.
(a) The affected facility to which this
			  section applies is each municipal waste combustor unit with a combustion
			  capacity greater than 250 tons per day of municipal solid waste for which
			  construction is commenced after September 20, 1994 or for which modification or
			  reconstruction is commenced after June 19, 1996.
(b) Any waste combustion unit that is capable
			  of combusting more than 250 tons per day of municipal solid waste and is
			  subject to a federally enforceable permit limiting the maximum amount of
			  municipal solid waste that may be combusted in the unit to less than or equal
			  to 11 tons per day is not subject to this section if the owner or operator of
			  the unit does all of the following:
1.
			  Notifies the department of an exemption claim.
2. Provides a copy of the federally
			  enforceable permit that limits the firing of municipal solid waste to less than
			  11 tons per day.
3. Keeps records
			  of the amount of municipal solid waste fired on a daily basis.
(c) An affected facility to which
			  this section applies is not subject to s.
			  NR
			  440.21 or
			  440.215.
(d) Physical or operational changes made to
			  an existing municipal waste combustor unit primarily for the purpose of
			  complying with emission guidelines under 40 CFR part 60, subpart Cb are not
			  considered a modification or reconstruction and do not result in an existing
			  municipal waste combustor unit becoming subject to this section.
(e) A qualifying small power production
			  facility, as defined in section 3 (17) (C) of the Federal Power Act (
			  16
			  USC 796(17) (C) ), that
			  burns homogeneous waste, such as automotive tires or used oil, but not
			  including refuse-derived fuel, for the production of electric energy is not
			  subject to this section if the owner or operator of the facility notifies the
			  department of this exemption and provides data documenting that the facility
			  qualifies for this exemption.
(f) A
			  qualifying cogeneration facility, as defined in section 3 (18) (B) of the
			  Federal Power Act (
			  16
			  USC 796(18) (B) ), that
			  burns homogeneous waste, such as automotive tires or used oil, but not
			  including refuse-derived fuel, for the production of electric energy and steam
			  or forms of useful energy such as heat that are used for industrial,
			  commercial, heating or cooling purposes, is not subject to this section if the
			  owner or operator of the facility notifies the department of this exemption and
			  provides data documenting that the facility qualifies for this
			  exemption.
(g) Any unit combusting
			  a single-item waste stream of tires is not subject to this section if the owner
			  or operator of the unit does both of the following:
1. Notifies the department of an exemption
			  claim.
3. Provides data documenting
			  that the unit qualifies for this exemption.
(h) Any unit required to have a permit under
			  section 3005 of the Solid Waste Disposal Act (
			  42
			  USC 6925 ), or a license under s.
			  291.25,
			  Stats., is not subject to this section.
(i) Any materials recovery facility,
			  including primary or secondary smelters, that combusts waste for the primary
			  purpose of recovering metals is not subject to this section.
(j) Any cofired combustor, as defined under
			  sub. (2), that meets the capacity specifications in par. (a) is not subject to
			  this section if the owner or operator of the cofired combustor does all of the
			  following:
1. Notifies the department of an
			  exemption claim.
2. Provides a copy
			  of the federally enforceable permit specified in the definition of cofired
			  combustor in sub. (2).
3. Keeps a
			  record on a calendar quarter basis of the weight of municipal solid waste
			  combusted at the cofired combustor and the weight of all other fuels combusted
			  at the cofired combustor.
(k) Air curtain incinerators, as defined
			  under sub. (2), located at a plant that meet the capacity specifications in
			  par. (a) and that combust a fuel stream composed of 100% yard waste are exempt
			  from all provisions of this section except the opacity limit under sub. (10),
			  the testing procedures under sub. (12) (a) 1. and the reporting and
			  recordkeeping provisions under sub. (13) (e) and (i).
(L) Air curtain incinerators located at
			  plants that meet the capacity specifications in par. (a) combusting municipal
			  solid waste other than yard waste are subject to all provisions of this
			  section.
(m) Pyrolysis or
			  combustion units that are an integrated part of a plastics or rubber recycling
			  unit, as defined in sub. (2), are not subject to this section if the owner or
			  operator of the plastics or rubber recycling unit keeps records of the weight
			  of plastics, rubber and rubber tires processed on a calendar quarter basis; the
			  weight of chemical plant feedstocks and petroleum refinery feedstocks produced
			  and marketed on a calendar quarter basis; and the name and address of the
			  purchaser of the feedstocks. The combustion of gasoline, diesel fuel, jet fuel,
			  fuel oils, residual oil, refinery gas, petroleum coke, liquified petroleum gas,
			  propane or butane produced by chemical plants or petroleum refineries that use
			  feedstocks produced by plastics or rubber recycling units are not subject to
			  this section.
(p) Cement kilns
			  firing municipal solid waste are not subject to this section.