(1) Specific
categories of exempt sources. Any direct stationary source that is not an
affected source and is not required to obtain a permit under 40 CFR part 70 and
that consists solely of one of the following categories of stationary sources
or consists of a combination of the categories of stationary sources listed
under sub. (1) (t) is exempt from the requirement to obtain an operation permit
provided the requirements under sub. (4) are met:
(a) External combustion furnaces which do not
burn any hazardous waste identified under ch. NR 661, or which have been issued
a license under ch. NR 670, and which are designed at combined total capacity
to burn the following fuels at the maximum rates indicated:
1. Coal, coke or other solid fuels, except
wood, at a heat input rate of not more than 1.0 million Btu per hour.
2. Wood alone or wood in combination with
gaseous or liquid fuels at a heat input rate of not more than 5.0 million Btu
per hour.
3. Residual or crude oil
at a heat input rate of not more than 5.0 million Btu per hour.
4. Distillate oil at a heat input rate of not
more than 10 million Btu per hour.
4m. Distillate oil with a maximum sulfur
content of 15 ppm at a heat input rate of not more than 25 million Btu per
hour.
5. Gaseous fuel at a heat
input rate of not more than 25 million Btu per hour.
(b) Equipment designed to incinerate solid
wastes, which are not pathological wastes, infectious wastes, municipal wastes
or hazardous wastes under ch. NR 661, at a rate of not more than 500 pounds per
hour.
(bm) Equipment owned or
operated by a government agency, such as police or sheriff's department, that
is used to incinerate only drugs confiscated by federal, state, or local law
enforcement agencies, provided the equipment meets all of the following design
requirements:
1. The equipment shall be a
dual-chamber incinerator that complies with all of the following:
a. The equipment is designed to incinerate
not more than 500 pounds of material per hour.
b. The equipment has a secondary chamber that
operates at all times with a minimum temperature of 1,400 degrees Fahrenheit
and a minimum gas retention time of 0.5 seconds.
c. The secondary chamber has a continuous
temperature monitor.
2.
Stacks shall comply with all of the following:
a. Each stack shall have a height at least
1.5 times higher than the peak of the highest structure within 150
feet.
b. Each stack shall be
located at least 500 feet from nearest property line.
c. Each stack shall have unobstructed
vertical discharge when the incinerator is operated. Properly installed and
maintained spark arresters are not considered obstructions.
3. The incinerator shall be
operated with the following limits:
a. The
unit shall reach a minimum operating temperature of 1,400 degrees Fahrenheit
prior to introducing the materials to be incinerated.
b. The quantity of material incinerated,
including packaging, is limited to no more than 25 pounds in any 24-hour
period, with the exception of marijuana. Marijuana may be incinerated in
quantities up to the design capacity of the incinerator.
c. Fuel for the incinerator shall be limited
to natural gas, liquid petroleum gas, distillate fuel oil with less than
0.0015% sulfur by weight, or the equipment shall use electric power.
d. The manufacturer's recommended operating
instructions shall be posted at the incinerator and the unit shall be operated
in accordance with these instructions. The incinerator shall be operated in
accordance with the manufacturer's specifications and maintained in good
working order.
4. The
owner or operator shall install, calibrate, maintain, and operate a monitoring
device that continuously measures and records the temperature of the secondary
chamber of the incinerator.
5. The
owner or operator shall maintain records sufficient to demonstrate that each of
the requirements listed in this paragraph are met. The records shall be
retained for a minimum of 5 years, and shall include all of the following:
a. The time and date materials are
charged.
b. The amount of material
charged or burned in each 24-hour period.
c. The type and amount of fuel usage,
including sulfur content for fuel oil.
d. The monitoring results.
e. The hours of operation.
f. Routine maintenance of abatement systems.
(ce) Grain
storage facilities, including facilities with column dryers or rack dryers,
with an average tonnage of grain received of less than 5500 tons per month,
which are not subject to s.
NR 440.47, and which are not part 70 sources. The average
monthly tonnage of grain received shall be calculated by dividing the
cumulative tonnage of grain received since January 1 of each year by 12. The
average monthly tonnage of grain received does not include product that the
facility sells, acting as a broker, which is never actually received or dried
at the grain storage facility.
(cm)
Grain processing facilities, including facilities with column dryers or rack
dryers, with an average tonnage of grain received of less than 4500 tons per
month, which are not subject to s.
NR 440.47, and which are not part 70 sources. The average
monthly tonnage of grain received shall be calculated by dividing the
cumulative tonnage of grain received since January 1 of each year by 12. The
average monthly tonnage of grain received does not include product that the
facility receives that is packaged when received and remains
packaged.
(d) Portland concrete
batch plants which produce less than 20,000 cubic yards of concrete per month
averaged over any 12 consecutive month period.
(e) Storage tanks containing organic
compounds with a true vapor pressure in pounds per square inch absolute at
70°F of less than 1.52 with a combined total tankage capacity of not more
than 40,000 gallons.
(f) VOC
storage tanks with a combined total tankage capacity of not more than 10,000
gallons of volatile organic compounds.
(g) Painting or coating operations, including
associated quality assurance laboratories and cleaning operations, which emit
or will emit not more than 1,666 pounds of volatile organic compounds per
month, which are measured prior to entering any emission control devices,
unless the emissions of any single hazardous air pollutant listed under section
112 (b) of the Act (42 USC
7412(b)) equal or exceed 10
tons per year or the cumulative emissions of hazardous air pollutants listed
under section 112 (b) of the Act equal or exceed 25 tons per year.
(gm) Automobile refinishing operations,
including associated quality assurance laboratories and cleaning operations,
which emit or will emit not more than 1,666 pounds of volatile organic
compounds per month, which are measured prior to entering any emission control
devices, unless the emissions of any single hazardous air pollutant listed
under section 112(b) of the Act (42 USC
7412(b)) equal or exceed 10
tons per year or the cumulative emissions of hazardous air pollutants listed
under section 112(b) of the Act equal or exceed 25 tons per year.
(h) Graphic arts operations, including
associated quality assurance laboratories and cleaning operations, which emit
or will emit not more than 1,666 pounds of volatile organic compounds per
month, which are measured prior to entering any emission control devices,
unless the emissions of any single hazardous air pollutant listed under section
112 (b) of the Act equal or exceed 10 tons per year or the cumulative emissions
of hazardous air pollutants listed under section 112 (b) of the Act equal or
exceed 25 tons per year.
(i) Cold
cleaning equipment which meets both of the following requirements:
1. The equipment has a total air to solvent
interface of 1.0 square meters or less during operation.
2. The equipment does not use any halogenated
HAP solvent as a cleaning or drying agent.
(j) Open top vapor degreasing equipment which
meets both of the following requirements:
1.
The equipment has a total air to vapor interface of 1.0 square meters or less
during operation.
2. The equipment
does not use any halogenated HAP solvent as a cleaning or drying
agent.
(k) Coin-operated
dry cleaning machines.
(km)
Chromium electroplating and chromium anodizing operations which are not major
sources or located at major sources and which are any of the following:
1. Any decorative chromium electroplating
operation or chromium anodizing operation that uses fume suppressants as an
emission reduction technology.
2.
Any decorative chromium electroplating operation that uses a trivalent chromium
bath that incorporates a wetting agent as a bath ingredient.
(l) Private alcohol fuel
production systems as defined in s.
289.44(1) (c), Stats.
(m) Crematories.
(n) Indirect malt dryers which are designed
to burn fuels specified in par (a) at a heat input rate less than the rates
specified in par (a).
(o) A
laboratory which emits volatile organic compounds, sulfur dioxide, carbon
monoxide, nitrogen oxides or particulate matter or a combination thereof at a
rate of less than 5.7 pounds per hour unless the emissions of any single
hazardous air pollutant listed under section 112 (b) of the Act (42 USC
7412(b)) equal or exceed 10
tons per year or the cumulative emissions of all such hazardous air pollutants
listed under section 112 (b) of the Act equal or exceed 25 tons per year.
Hourly emissions shall be determined, based on the quantitative estimate of air
contaminants before they enter any emission control devices, by dividing the
total uncontrolled emissions which would have occurred during a calendar month
by the total hours of operation of the laboratory during that calendar month. A
laboratory is in operation if laboratory apparatus or equipment is in
use.
(p) Equipment the primary
purpose of which is to transport or sort paper
(q) Facilities for chlorination of municipal
drinking water, the intake of once through industrial process or cooling water,
or water for swimming pools, spas or other recreational
establishments.
(r) Gasoline
dispensing facilities which dispense gasoline or other petroleum
products.
(s) Bulk gasoline plants
which distribute gasoline or other petroleum products and which have an average
daily gasoline throughput of less than 15,000 liters (4,000 gallons), based on
a 30-day rolling average.
(sm) The
following procedures for the remediation or disposal of soil or water
contaminated with organic compounds, provided the potential to emit,
considering emission control devices, for any hazardous air contaminant listed
in Table A to Table C of s.
NR 445.07 is not greater than the emission rate listed in
Table A to Table C of s.
NR 445.07 for the air contaminant at the respective stack
height, the procedure is not a major source and the procedure is not subject to
any standard or regulation under section 111 or 112 of the Act (42 USC
7411 or
7412) :
1. Landspreading of contaminated soil,
including the agricultural landspreading of soil contaminated with pesticide or
fertilizer.
2. Negative pressure
venting of contaminated soil or bioremediation, provided the remediation is
completed within 18 months or the potential to emit organic compounds from the
remediation site is at a rate of not more than 5.7 pounds per hour, considering
emission control devices.
3. Pilot
testing of a negative pressure venting system provided the testing is limited
to a total withdrawal of not more than 150,000 standard cubic feet (scf) of air
Note: The total withdrawal may be determined by
the equation: Total withdrawal (scf) = hours of operation of pilot test (hr) x
average flow rate in cubic feet per minute at standard conditions (scfm) x 60
min/hr. An example is: 10 hours of operation x 250 scfm X 60 min/hr = 150,000
scf When testing at multiple flow rates, determine the withdrawal for each flow
rate and sum the withdrawals for a total withdrawal.
4. Landfilling of contaminated
soil.
5. Installation and use of
devices which remove organic compounds from a private or municipal potable
water supply.
6. Installation and
use of crop irrigation systems or dewatering wells to remediate contaminated
water.
7. Installation and use of
air strippers for treatment of contaminated water, provided the remediation is
completed within 18 months or the potential to emit organic compounds from the
remediation site is at a rate of not more than 5.7 pounds per hour, considering
emission control devices.
8.
Installation and use of any devices or techniques not listed in this paragraph
which are used to remediate soil or water contaminated with organic compounds,
if the device or technique is not portable and is not a thermal evaporation
unit, and the remediation is completed within 18 months.
9. Installation and use of any technique or
device to remediate soil or water contaminated with organic compounds as part
of actions taken by EPA under the authority of the comprehensive environmental
response compensation and liability act of 1980 (42
USC 9601 to
9675), by the department under the authority of s.
292.11
or
292.31,
Stats., or by a responsible party in compliance with the requirements of an
administrative order, consent decree or contract issued pursuant to the
comprehensive environmental response compensation and liability act of 1980 or
s.
292.11
or
292.31,
Stats.
(sq) Renovation or
demolition operations involving regulated asbestos-containing
material.
(t) A combination of
emission units which consists of not more than one each of the following
specific categories of sources unless the combination of units is a major
source:
1. Fuel burning equipment otherwise
exempt under par. (a) or (u).
2.
Equipment designed to incinerate solid wastes otherwise exempt under par.
(b).
3. Storage tanks of organic
compounds with a combined total tankage capacity of not more than 40,000
gallons if not more than 10,000 gallons of the storage tanks' capacity is used
for storage of volatile organic compounds.
4. Grain storage facilities otherwise exempt
under par. (ce).
5. Grain
processing facilities otherwise exempt under par. (cm).
6. Only one of the other specific category
exemptions listed in pars. (d), (g) to (s) and (v) to (z).
(u) Restricted use reciprocating internal
combustion engines which are fueled by gaseous fuels, gasoline, or a clean fuel
as defined in s.
NR 406.02(1) and which have a combined
total electrical output of less than 3,000 kilowatts, or the equivalent in
brake horsepower. An owner or operator claiming exemption under this paragraph
shall maintain records of all of the following:
1. The electrical output in kilowatts, or the
equivalent in brake horsepower, of each engine.
2. The total hours each engine is operated
during a year.
(v) Any
quarry, mine or other facility where nonmetallic minerals are extracted that is
not a ledge rock quarry or industrial sand mine.
(w) Ledge rock quarries with actual
production of less than 25,000 tons per month on a rolling 12 month average, or
with actual operation of less than 365 days per 5 year period.
(x) Industrial sand mines with actual
production of less than 2,000 tons per month on a rolling 12 month
average.
(y) Fixed sand and gravel
plants and fixed crushed stone plants with capacities of 25 tons per hour or
less.
(z) Portable sand and gravel
plants and portable crushed stone plants with capacities of 150 tons per hour
or less.
(1m) Facilities
exempt based on actual emissions.
(a) Any
facility that is required to submit an annual emission inventory report under
s.
NR 438.03 is exempt from the requirement to obtain an
operation permit following notification under par. (c), where all of the
following criteria and requirements are met:
1. The actual emissions of each air
contaminant from the facility do not exceed any of the following levels:
a. 10 tons in any calendar year for each of
the following air contaminants: particulate matter, nitrogen oxide, sulfur
dioxide, PM10, carbon monoxide and volatile organic
compounds.
b. 0.5 tons in any
calendar year for lead.
c. Any
stack-appropriate thresholds for emissions points in columns (c), (d), (e) and
(f) of Table A, B or C of ch. NR 445. If the facility is a source of incidental
emissions under s.
NR 445.11, this subdivision only applies to emissions of
air contaminants which are listed as substances of concern in Table E of ch. NR
445.
2. The facility is
not subject to an emission limitation or emission standard under section 111 or
112 of the Act (42 USC
7411 or
7412)
except for a source subject solely to regulations or requirements under section
112 (d) (5) or (r) of the Act (42 USC 7412(d) (5) or
(r)) or engine certified to meet the
emission standards in 40 CFR part 60, subpart IIII or JJJJ for each fuel
used.
3. The owner or operator
conducts monitoring and maintains records sufficient to demonstrate compliance
with the requirements of this paragraph, including the calculation of annual
facility-wide emissions. These records shall be maintained on site for at least
5 years, unless a longer period is required by statute or rule.
4. If a control device is used to limit
actual emissions, the owner or operator uses a compliance monitoring method
which is identified in s.
NR 439.055.
(b) Any facility that is not required to
submit an annual emission inventory report under s.
NR 438.03 is exempt from the requirement to obtain an
operation permit where all of the criteria and requirements in par. (a) 1. to
4. are met.
(c)
1. The owner or operator of a facility
required to submit an air emission inventory report under s.
NR 438.03 shall notify the department of their intent to
operate the facility under the exemption criteria in par. (a).
2. Any existing permit shall remain in effect
until the permit is revoked or coverage under a general or registration permit
is withdrawn. A notification under subd. 1. shall serve as a request for
revocation of an individual permit or withdrawal from coverage under a general
or registration permit.
3. A
notification under subd. 1. shall serve as a request for withdrawal of any
pending permit application.
Note: An owner or operator exempt under this
subsection is responsible for complying with all other applicable requirements
in chs.
NR
400 to 499.
(1s) Natural minor source exemption.
(a)
Eligibility. A facility
that is a natural minor source is exempt from the requirement to obtain an
operation permit.
(b)
Recordkeeping.
1. An owner
or operator claiming to be exempt under this subsection shall maintain records
adequate to show it meets all criteria under the definition of a natural minor
source. Emission calculations adequate to determine eligibility with this
exemption shall be maintained and made available to a department representative
if requested.
2. In addition to
monitoring and recordkeeping requirements contained in any construction permit
issued to the source under ch. NR 406, the owner or operator shall maintain
records sufficient to demonstrate compliance with all other applicable
requirements in chs.
NR
400 to 499.
(c)
Notification to the
department.
1. An owner or operator
claiming exemption under this subsection and who has an existing permit or who
has submitted a permit application under this chapter or under ch. NR 406,
shall notify the department of an intent to operate under this
exemption.
2. Any existing permit
issued under this chapter shall remain in effect until the permit is revoked or
coverage under a general or registration permit is withdrawn at the request of
the owner or operator.
3. A
notification under subd. 1. shall serve as a request for revocation of any
permits issued under this chapter and for withdrawal of any pending operation
permit application submitted under this chapter.
(d)
Schedule. The owner or
operator shall apply for an operation permit in accordance with the
requirements of this chapter if any of the following affects the source's
ability to remain a natural minor source:
1.
Any existing requirements change.
2. Any new requirements become applicable to
the source.
3. Changes occur at the
source.
4. Other emission
information indicating that the source is not a natural minor source becomes
available.
Note: An owner or operator exempt under this
subsection is responsible for complying with all applicable requirements in
chs.
NR
400 to 499, including construction permit requirements
identified in ch. NR 406 and all conditions contained in a permit issued under
ch. NR 406.
Note: The exemption in this subsection does not
preclude the owner or operator of a natural minor source from requesting, and
the Department from issuing, an operation permit as allowed under s.
285.60(2) (b), Stats.
Note: The Small Business Environmental
Assistance Program at dnr.wi.gov may be contacted for more information on
applicability and compliance determinations related to the requirements in chs.
NR
400 to 499.
(2) General category of exempt sources. In
addition to the specific categories of exempt sources identified in sub. (1),
no operation permit is required for a direct source if the source is not a part
70 source or an affected source and all of the following requirements are met:
(a) The maximum theoretical emissions from
the source for sulfur dioxide or carbon monoxide do not exceed 9.0 pounds per
hour for each air contaminant.
(b)
The maximum theoretical emissions from the source for particulate matter,
nitrogen oxides or volatile organic compounds do not exceed 5.7 pounds per hour
for each air contaminant.
(ba) The
maximum theoretical emissions from the source for PM10
do not exceed 3.4 pounds per hour.
(be) The maximum theoretical emissions from
the source for PM2.5 do not exceed 2.2 pounds per hour.
(bm) The maximum theoretical
emissions from the source for lead do not exceed 0.13 pounds per
hour.
(c) The source will not emit
any of the air contaminants listed in s.
NR 405.02(27) (a) at a rate greater than
the applicable emission rate listed in s.
NR 405.02(27) (a).
(d) The maximum theoretical emissions from
the source for any hazardous air contaminant listed in Table A, B or C of s.
NR 445.07 do not exceed the emission rate listed in the
table for the hazardous air contaminant for the respective stack height. For
the purposes of determining emissions under this paragraph, the owner or
operator of a source is not required to consider emissions of hazardous air
contaminants associated with agricultural waste.
Note: Par. (d) is shown as affected by 2011 Wis.
Act 122. On May 24, 2011, the Joint Committee for the Review of Administrative
Rules (JCRAR) adopted a motion under s.
227.26(2) (d), Stats., that suspended s. NR 407.03(2)
(d) in part as shown below. Pursuant to s.
227.26(2) (f), Stats., JCRAR introduced 2011 Assembly
Bill 195 and 2011 Senate Bill 138, in support of the JCRAR suspension. 2011
Senate Bill 138 was enacted, effective March 22, 2012, resulting in in the
repeal of the rules as suspended by the May 24, 2011 JCRAR motion, as provided
in s.
227.26(2) (i), Stats., and creating s.
285.28,
Stats., as set forth below.
NR 407.03 (2) (d) The maximum theoretical
emissions from the source for any hazardous air contaminant listed in Table A,
B or C of s.
NR 445.07 do not exceed the emission rate listed in the
table for the hazardous air contaminant for the respective stack height. For
the purposes of determining emissions under this paragraph, the owner or
operator of a source is not required to consider emissions of hazardous air
contaminants associated with agricultural waste.
285.28 Agricultural waste; hazardous air
contaminants. The department may not regulate the emission of hazardous
air contaminants associated with agricultural waste except to the extent
required by federal law.
Note: Owners and operators of facilities
emitting less than 3 tons of volatile organic compounds and 5 tons of
particulate matter on an annual basis, or who engage in limited or no
manufacturing activities, should refer to s.
NR 445.11 prior to determining applicable requirements
under this section.
(e) The
source will not have maximum theoretical emissions of any single hazardous air
pollutant listed under section 112 (b) of the Act (42 USC
7412(b)) that equal or
exceed 10 tons per year or cumulative maximum theoretical emissions of all the
hazardous air pollutants listed under section 112 (b) of the Act (42 USC
7412(b)) that equal or
exceed 25 tons per year.
(f) The
source is not subject to an emission limitation or emission standard under
section 111 of the Act (42 USC
7411) excluding engines certified to meet
the emission standards in 40 CFR part 60, subpart IIII or JJJJ for each fuel
used.
(g) The source is not subject
to an emission limitation or emission standard under section 112 of the Act (42 USC
7412), excluding section 112 (d) (5) or (r)
(42 USC 7412(d) (5) or
(r)).
(4) Conditions for specific exemptions. In
order to be eligible for a specific exemption under sub. (1) (ce), (cm), (d),
(g), (gm), (h), (o), (s), (w) or (x), the owner or operator of a direct
stationary source shall keep and maintain the records required under pars. (a)
to (f), as applicable. The records shall be kept in a manner that allows the
source to accurately calculate the required information on a monthly basis. The
owner or operator of a direct stationary source shall begin keeping the records
required under pars. (b) to (f) no later than January 1, 1994, and the records
required under par. (a) no later than January 1, 1998, or the date that the
source commences operation, whichever is later, and maintain them for a minimum
of 5 years. After January 1, 1994, any direct stationary source that ever
exceeds any level listed in sub. (1) (d), (g), (h), (o), (s), (sm), (w) or (x)
is not eligible for the exemption under that subsection. After January 1, 1998,
any direct stationary source that ever exceeds any level listed in sub. (1)
(ce) or (cm) is not eligible for the exemption under that subsection. After
February 1, 2001, any direct stationary source that ever exceeds any level
listed in sub. (1) (gm) is not eligible for the exemption under that
subsection. The records required are as follows:
(a) To be exempt under sub. (1) (ce) or (cm),
records of the tons of grain received at the grain storage or processing
facility per month.
(b) To be
exempt under sub. (1) (d), records of the cubic yards of concrete produced by
the Portland concrete batch plant per month.
(c) To be exempt under sub. (1) (g), (gm) or
(h), records of the amounts used and VOC content of all VOC containing
materials used at the facility per month.
(d) To be exempt under sub. (1) (o), records
of the number of hours that the laboratory operates, the amounts, VOC content
and hazardous air contaminant content of all materials used and the amount,
type and sulfur content of all fuels used per month.
(e) To be exempt under sub. (1) (s), records
of the daily gasoline throughput for the bulk plant.
(f) To be exempt under sub. (1) (w) or (x),
records of the tons of material produced at a ledge rock quarry or sand mine
per month, or for ledge rock quarries exempt for operating less than 365 days
in a 5-year period, records indicating each day that the quarry operates.
Between January 1, 1994 and January 1, 1998, s. NR 407.03(4) contained recordkeeping requirements which were less specific than
those set forth in pars. (b) to (f). Compliance with the recordkeeping
requirements in this subsection will be assessed based on the administrative
rule in effect at the time.
