NR 406.01 History History: Cr. Register, September, 1986, No. 369, eff. 10-1-86; am. Register, April, 1988, No. 388, eff. 5-1-88; emerg. am. (1), eff. 11-15-92; am., Register, May, 1993, No. 449, eff. 6-1-93; am. (1), Register, June, 1995, No. 474, eff. 7-1-95.
NR 406.02 NR 406.02Definitions. The definitions contained in ch. NR 400 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter:
NR 406.02(1) (1) “Clean fuel" means distillate oil, as defined in s. NR 440.205 (2) (h), with a sulfur content less than 0.05% by weight, natural gas, propane, biodiesel fuel, as determined using the procedures in ASTM D6751-09, incorporated by reference in s. NR 484.10 (55v), or any blend of distillate oil and biodiesel fuel.
NR 406.02(1m) (1m) “Facility" means all stationary sources emitting air contaminants which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person, or persons under common control. Emissions resulting from loading, unloading or stockpiling materials to or from vessels or vehicles while at a facility shall be considered as part of the facility's emissions. Air contaminant sources, other than transportation related activities, shall be considered as part of the same industrial grouping if they are classified under the same 2-digit major group as described in the Standard Industrial Classification Manual, 1987, incorporated by reference in s. NR 484.05 (1).
NR 406.02(2) (2) “Individual construction permit" means a construction permit which is not a general construction permit issued under s. NR 406.16 or a registration construction permit issued under s. NR 406.17.
NR 406.02(3) (3) “Initial crusher" means, at a nonmetallic mineral processing plant, any crusher into which nonmetallic minerals can be fed without prior crushing in that plant. 
NR 406.02(4) (4) “Initial grinding mill" means, at a nonmetallic mineral processing plant, any grinding mill into which nonmetallic minerals can be fed without prior crushing in that plant.
NR 406.02(5) (5) “Municipal garbage and refuse" means garbage and refuse, as those terms are defined in ch. NR 500, which are primarily generated by residential activities but which may include minor amounts of commercial and industrial garbage and refuse that are in the total waste stream and are not hazardous. Municipal garbage and refuse does not include sludge which is generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility.
NR 406.02(6) (6) “Permit revision" means any change to a construction permit to reflect a change at a source that is not a modification of the source.
NR 406.02(7) (7) “Regulated asbestos-containing material" has the meaning given in s. NR 447.02 (33).
NR 406.02 History History: Cr. (intro.), renum from NR 154.01, Register, September, 1986, No. 369, eff. 10-1-86; r. (1), r. and recr. (2), renum. (3) to (7) and (9) to be NR 400.02 (17m), (43m), NR 406.02 (1), NR 400.02 (46s), NR 406.02 (6) and (10), cr. (3) to (5), (7), (9) and (11), (12) renum. from NR 400.02 (98) and am., Register, April, 1988, No. 388, eff. 5-1-88; correction in (6) made under s. 13.93 (2m) (6) 7., Stats., Register, April, 1988, No. 388; (1) renum. from NR 400.02 (16), renum. (1) to be (1m), am. (3), Register, August, 1991, No. 428, eff. 9-1-91; emerg. cr. (2m) and (13), eff. 11-15-92; am. (intro.), Register, May, 1993, No. 449, eff. 6-1-93; cr. (10m), Register, December, 1993, No. 456, eff. 1-1-94; r. (1) to (5), (7) to (10), (11) and (12), Register, June, 1995, No. 474, eff. 7-1-95; renum. (6) and (10m) to be (1) and (2), Register, December, 1996, No. 492, eff. 1-1-97; renum. (1) and (2) to be (3) and (4), cr. (1) and (2), Register, December, 1997, No. 504, eff. 1-1-98; CR 04-107: renum. (1) to (4) to be (3) to (6), cr. (1) and (2) Register August 2005 No. 596, eff. 9-1-05; CR 06-047: renum. (1) to be (1m), cr. (1) Register May 2007 No. 617, eff. 6-1-07; CR 09-020: am. (1), cr. (7) Register January 2010 No. 649, eff. 2-1-10.
NR 406.03 NR 406.03Permit requirements and exemptions for construction permits.
NR 406.03(1) (1)Permit requirement. Except as provided in sub. (2), no person may commence construction, reconstruction, replacement, relocation or modification of a stationary source unless the person has a construction permit for the source or unless the source is exempt from the requirement to obtain a permit under s. 285.60 (5), Stats., or under this chapter.
NR 406.03(1e) (1e)Exclusions. Notwithstanding the definitions of “commence construction" and “commence modification" in s. NR 400.02 (44) and (45) respectively, for projects reviewed under this chapter that, prior to issuance of a permit, would not be considered a major modification or construction of a major source under ch. NR 405 or 408, all of the following activities may be excluded when determining if construction, reconstruction, replacement, relocation, or modification has commenced:
NR 406.03(1e)(a) (a) Installation of building supports or foundations.
NR 406.03(1e)(b) (b) Laying underground piping or conduit.
NR 406.03(1e)(c) (c) Erecting storage structures.
NR 406.03(1e)(d) (d) Dismantling existing equipment or structures.
NR 406.03(1e)(e) (e) Ordering equipment or control devices.
NR 406.03(1e)(f) (f) Temporary storage of equipment on site.
NR 406.03(1e)(g) (g) Site clearing.
NR 406.03(1e)(h) (h) Programs undertaken to locate underground utilities.
NR 406.03(1e)(i) (i) Installation of erosion control measures.
NR 406.03(1e)(j) (j) Paving.
NR 406.03 Note Note: Undertaking any of the activities listed under s. NR 406.03 (1e) does not relieve the applicant from the obligation to comply with any other applicable regulations or requirements. If the applicant proceeds with any of the activities prior to receiving a construction permit, the applicant does so at their own risk and the department is not obligated to issue the air permit.
NR 406.03(1m) (1m)Application and forms.
NR 406.03(1m)(a)(a) Applications for construction permits shall be made on forms supplied by the department for these purposes and supplemented with other materials as indicated on the forms. The forms may be supplied by the department in an electronic format, such as on a computer disk, or on line, if so requested by the applicant.
NR 406.03 Note Note: Application forms may be obtained from Department Regional Headquarters or Service Center offices, or from the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921, Attention: Construction permits. The internet web address is: http://dnr.wi.gov/topic/AirPermits/Forms.html.
NR 406.03(1m)(b) (b) Application materials, including construction permit waiver requests, may be submitted on paper or in an electronic format. The applicant shall submit 2 copies of all forms and other required materials, as indicated on the forms, which are submitted on paper. The applicant shall submit one copy of all forms and other required materials, as indicated on the forms, which are submitted in an electronic format. These materials shall be submitted to the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921, Attention: Construction permits.
NR 406.03(2) (2)Waiver of construction permit requirements.
NR 406.03(2)(a)(a) A person who is required to obtain a construction permit under s. 285.60, Stats., may request a waiver from the department in order to commence construction, reconstruction, replacement, relocation or modification of an air pollution source prior to the department issuing a construction permit to the source under this chapter. A waiver request shall be made in writing and shall include an explanation of the circumstances that justify the request and when those circumstances arose or may be anticipated to arise. The waiver request shall be signed by a responsible official for the facility.
NR 406.03(2)(b) (b) The department may grant a waiver provided that all of the following conditions are satisfied:
NR 406.03(2)(b)1. 1. The person has submitted a complete construction permit application for the source to the department.
NR 406.03(2)(b)2. 2. The person has submitted a complete waiver request to the department which demonstrates that undue hardship will be caused if a waiver is not granted. Undue hardship may result from any of the following:
NR 406.03(2)(b)2.a. a. Adverse weather conditions.
NR 406.03(2)(b)2.b. b. Catastrophic damage of existing equipment.
NR 406.03(2)(b)2.c. c. A substantial economic or financial hardship that may preclude the project in its entirety.
NR 406.03(2)(b)2.d. d. Other unique conditions.
NR 406.03(2)(b)3. 3. The person has paid the waiver review fee required under s. NR 410.03 (1) (bm).
NR 406.03(2)(c) (c) The department shall act on the waiver request within 15 days of receipt of a complete request and respond to the applicant either approving or denying that request.
NR 406.03(2)(d) (d) The source may commence construction, reconstruction, replacement, relocation or modification when a waiver is granted.
NR 406.03 Note Note: A waiver does not relieve the applicant from the obligation to comply with any other applicable regulations or requirements. If the applicant proceeds with construction after a waiver is granted, they do so at the applicant's own risk. Granting the waiver does not obligate the department to approve the air permit application for the source.
NR 406.03(2)(e) (e) The source referenced in par. (b) 1. may not be initially operated until a construction permit is issued.
NR 406.03(2)(f) (f) The department may not grant a waiver for a source that requires a permit under ch. NR 405 or 408 or requires a permit to establish enforceable limitations on potential to emit to avoid permit requirements of ch. NR 405 or 408.
NR 406.03(2)(g) (g) The department may not grant a waiver to a source located or to be located within 10 kilometers of a Class I area under this subsection.
NR 406.03(2)(h) (h) The department may rescind a waiver granted under this subsection if the owner or operator does not diligently respond to department inquiries on the construction permit application or if the department preliminarily determines that the source will not meet the criteria for permit approval under s. 285.63 (1), Stats.
NR 406.03 Note Note: The address of the Madison headquarters is: Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707, Attention: Permit Application Forms
NR 406.03 History History: Renum. from NR 154.04 (1), Register, September, 1986, No. 369, eff. 10-1-86; emerg. am. eff. 11-15-92; am. Register, May, 1993, No. 449, eff. 6-1-93; CR 06-079: renum. to be (1) and am., cr. (2) Register May 2007 No. 617, eff. 6-1-07; CR 09-020: am. (1), cr. (1m) Register January 2010 No. 649, eff. 2-1-10; CR 15-005: cr. (1e) Register November 2015 No. 719, eff. 12-1-15; correction in (1e) (intro.) made under s. 35.17, Stats., Register November 2015 No. 719.
NR 406.035 NR 406.035Establishment or distribution of plant-wide applicability limitations. Notwithstanding the provisions of s. NR 406.04 (1) and (2), a construction permit is required for each of the following:
NR 406.035(1) (1) Establishing a plant-wide applicability limitation under s. NR 405.18 or 408.11.
NR 406.035(2) (2) Distribution of allowable emissions following expiration of a plant-wide applicability limit under s. NR 405.18 (9) or 408.11 (9).
NR 406.035 Note Note: Reopening of a plant-wide applicability limitation to accommodate an increase of the plant-wide applicability limitation is accomplished using the procedures in s. NR 405.18 (8) (b) 1. c. and (11) (a) 3. or 408.11 (8) (b) 1. c. and (11) (a) 3. Reopening of a plant-wide applicability limitation to accommodate a decrease of the plant-wide applicability limitation is accomplished using the procedures in s. NR 406.11 (1m).
NR 406.035 History History: CR 06-019: cr. Register June 2007 No. 618, eff. 7-1-07.
NR 406.04 NR 406.04Direct sources exempt from construction permit requirements. This section does not provide an exemption from construction permit requirements for a source that is required to obtain a permit under ch. NR 405 or 408 or s. NR 446.03 (2) (a). For any direct source not required to obtain a permit under ch. NR 405 or 408 or s. NR 446.03 (2) (a), no construction permit is required prior to commencing construction, reconstruction, replacement, relocation or modification if the following conditions are met:
NR 406.04(1) (1)Specific categories of exempt sources. The following categories of direct sources are exempt from the requirement to obtain a construction permit unless construction, reconstruction, replacement, relocation or modification of the source is prohibited by any permit, plan approval or special order applicable to the source:
NR 406.04(1)(a) (a) One or more external combustion furnaces at a source which will not burn any hazardous waste identified under ch. NR 661, or which have been issued a license or licenses under ch. NR 670, and if no individual furnace is designed to burn the following fuels at more than the maximum rates indicated:
NR 406.04(1)(a)1. 1. Coal, coke or other solid fuels, except wood, at a heat input rate of not more than 1.0 million Btu per hour.
NR 406.04(1)(a)2. 2. Wood alone or wood in combination with gaseous or liquid fossil fuels at a heat input rate of not more than 5.0 million Btu per hour.
NR 406.04(1)(a)3. 3. Residual or crude oil at a heat input rate of not more than 5.0 million Btu per hour.
NR 406.04(1)(a)4. 4. Distillate oil at a heat input rate of not more than 10 million Btu per hour.
NR 406.04(1)(a)5. 5. Gaseous fossil fuel at a heat input rate of not more than 25 million Btu per hour.
NR 406.04(1)(b) (b) Equipment which is 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.
NR 406.04(1)(ce) (ce) Grain storage facilities; including facilities with rack dryers designed to dry grain at a rate of not more than 1,500 bushels per hour at 5% moisture extraction, or rack dryers equipped with at least 50 mesh screens, or column dryers; with an average tonnage of grain received of less than 5500 tons per month and which are not subject to s. NR 440.47. 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.
NR 406.04(1)(cm) (cm) Grain processing facilities; including facilities with rack dryers designed to dry grain at a rate of not more than 1,500 bushels per hour at 5% moisture extraction, or rack dryers equipped with at least 50 mesh screens, or column dryers; with an average tonnage of grain received of less than 4500 tons per month and which are not subject to s. NR 440.47. 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.
NR 406.04(1)(d) (d) Portland concrete batch plants which produce or will produce less than 20,000 cubic yards of concrete per month averaged over any 12 consecutive month period.
NR 406.04(1)(e) (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.
NR 406.04(1)(f) (f) VOC storage tanks with a combined total tankage capacity of not more than 10,000 gallons of volatile organic compounds.
NR 406.04(1)(g) (g) Painting or coating operations, including associated cleaning operations, which emit or will emit not more than 1666 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.
NR 406.04(1)(gm) (gm) Automobile refinishing operations, including associated cleaning operations, which emit or will emit not more than 1666 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.
NR 406.04(1)(h) (h) Graphic arts operations, including associated cleaning operations, which emit or will emit not more than 1666 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.
NR 406.04(1)(i) (i) Equipment used or to be used for the purpose of testing or research provided that all of the following requirements are met:
NR 406.04(1)(i)1. 1. A complete application for exemption is made describing the proposed testing or research and including an operating schedule and the types and quantities of emissions anticipated.
NR 406.04(1)(i)2. 2. The department determines that the equipment to be used and the anticipated emissions from the testing or research will not present a significant hazard to public health, safety or welfare or to the environment and approves the application for exemption.
NR 406.04(1)(i)3. 3. The equipment will be in operation for less than 12 months.
NR 406.04(1)(i)4. 4. The department approves the application for exemption submitted under subd. 1. The department shall approve or deny the application in writing within 45 days of receiving a complete application. The department may provide public notice of an application for research and testing exemption, may provide an opportunity for public comment and an opportunity to request a public hearing and may hold a public hearing on any application under this paragraph. The department shall make all nonconfidential information available to the public upon request.
NR 406.04(1)(j) (j) 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 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. 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.
NR 406.04(1)(k) (k) Equipment whose primary purpose is to transport or sort paper.
NR 406.04(1)(L) (L) 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.
NR 406.04(1)(m) (m) 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, and the procedure is not subject to any standard or regulation under section 111 or 112 of the Act (42 USC 7411 or 7412):
NR 406.04(1)(m)1. 1. Landspreading of contaminated soil, including the agricultural landspreading of soil contaminated with pesticide or fertilizer.
NR 406.04(1)(m)2. 2. Negative pressure venting of contaminated soil or bioremediation, provided the remediation is completed within 3 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.
NR 406.04(1)(m)3. 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.
NR 406.04 Note Note: The total withdrawal may be determined by the equation: Total withdrawal (scf) = hours of operation of pilot test (hr) × average flow rate in cubic feet per minute at standard conditions (scfm) × 60 min/hr. An example is: 10 hours of operation × 250 scfm × 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.
NR 406.04(1)(m)4. 4. Landfilling of contaminated soil.
NR 406.04(1)(m)5. 5. Installation and use of devices which remove organic compounds from a private or municipal potable water supply.
NR 406.04(1)(m)6. 6. Installation and use of crop irrigation systems or dewatering wells to remediate contaminated water.
NR 406.04(1)(m)7. 7. Installation and use of air strippers for treatment of contaminated water, provided the remediation is completed within 3 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.
NR 406.04(1)(m)8. 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 3 months.
NR 406.04(1)(m)9. 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. 289.67 or ch. 292, 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. 289.67 or ch. 292, Stats.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.