NR 406.04(1)(zc)5. 5. Any belt conveyor.
NR 406.04(1)(zc)6. 6. Any bagging operation.
NR 406.04(1)(zc)7. 7. Any storage bin.
NR 406.04(1)(zc)8. 8. Any grizzly.
NR 406.04(1)(zc)9. 9. Any pan feeder.
NR 406.04(1)(zc)10. 10. Any other nonmetallic mineral processing equipment subject to s. NR 440.688 other than an initial crusher or initial grinding mill.
NR 406.04(1)(zg) (zg) Equipment that temporarily increases steam generation capability at a source provided that all of the following conditions are met:
NR 406.04(1)(zg)1. 1. The equipment will be installed and operated only when at least one of the permanent steam generating units at the source is out of service for maintenance, repair or an emergency.
NR 406.04(1)(zg)2. 2. The equipment will not be operated for more than 3,200 hours and will be shut down and removed within 9 calendar months after installation.
NR 406.04(1)(zg)3. 3. Only natural gas will be used as fuel in the equipment.
NR 406.04(1)(zg)4. 4. The equipment will meet all applicable emission limits.
NR 406.04(1)(zg)5. 5. All applicable monitoring requirements will be met during the equipment's period of use.
NR 406.04(1)(zg)6. 6. Use of the equipment will not cause or exacerbate an exceedance of any ambient air quality standard or ambient air increment in s. NR 404.04 or 404.05.
NR 406.04(1)(zg)7. 7. A complete application for exemption is submitted to the department for approval. The application shall contain all of the following:
NR 406.04(1)(zg)7.a. a. A description of the equipment.
NR 406.04(1)(zg)7.b. b. The reason for the need to use the equipment.
NR 406.04(1)(zg)7.c. c. A description of how the conditions in subds. 1. to 6. will be met.
NR 406.04(1)(zg)8. 8. The department approves the application for exemption submitted under subd. 7. The department shall approve or deny the exemption in writing within 10 business days after receipt of a complete application.
NR 406.04(1)(zh)1.1. Any construction, modification, replacement, relocation or reconstruction of an emissions unit at a stationary source which is exempt from the requirement to obtain an operation permit under s. NR 407.03 (1m), provided the stationary source still qualifies for the exemption under s. NR 407.03 (1m) after completion of the proposed construction, modification, replacement, relocation or reconstruction.
NR 406.04(1)(zh)2. 2. Construction of a new facility if the facility will be exempt from the requirement to obtain an operation permit under s. NR 407.03 (1m) after completion of the proposed construction.
NR 406.04(1)(zi) (zi) Secondary aluminum production facilities as defined by s. NR 463.12 (36).
NR 406.04(1f) (1f)Modifications to sources under plant-wide applicability limitations. Notwithstanding the provisions of subs. (1) and (2), no construction permit is required for modification of a source that is regulated by a plant-wide applicability limitation under s. NR 405.18 or 408.11 provided all of following criteria are met:
NR 406.04(1f)(a) (a) The modification will not cause or exacerbate an exceedance of an ambient air quality increment or standard.
NR 406.04(1f)(b) (b) The modification does not trigger a requirement under section 111 or 112 of the Act (42 USC 7411 or 7412), excluding section 112(d)(5) or (r) (42 USC 7412(d)(5) or (r)).
NR 406.04(1f)(c) (c) The modification does not consist of the construction of a new emissions unit, as defined in s. NR 405.02 (12) (a) or 408.02 (13) (a), which is a significant emissions unit under s. NR 405.18 (2) (h) or 408.11 (2) (h) or a major emissions unit under s. NR 405.18 (2) (b) or 408.11 (2) (b).
NR 406.04(1f)(d) (d) Emissions from the source, as modified, will be able to comply with the plant-wide applicability limit.
NR 406.04(1f)(e) (e) Any increase in emissions, due to the modification, of air contaminants not regulated by a plant-wide applicability limitation, does not exceed the maximum theoretical emission levels specified in sub. (2) (b), (c), (cm), (d) and (f).
NR 406.04 Note Note: For new or modified sources for which no construction permit is required, an operation permit application may be required to be submitted under s. NR 407.04 (1) (b) 3. prior to commencing construction or modification.
NR 406.04(1k) (1k)Projects evaluated for significant net emissions increase. Notwithstanding the provisions of s. NR 406.04 (1) and (2), no construction permit is required for a modification to an existing major stationary source, as defined in s. NR 405.02 (22), or an existing major source, as defined in s. NR 408.02 (21), which does not result in a significant emissions increase, as defined in s. NR 405.02 (27m) or 408.02 (32m), provided all of the following criteria are met:
NR 406.04(1k)(a) (a) The modification will not cause or exacerbate an exceedance of an ambient air quality increment or standard.
NR 406.04(1k)(b) (b) The modification does not trigger a requirement under section 111 or 112 of the Act (42 USC 7411 or 7412), excluding section 112(d)(5) or (r) (42 USC 7412(d)(5) or (r)).
NR 406.04(1k)(c) (c) The modification does not require enforceable conditions to limit potential to emit.
NR 406.04 Note Note: For new or modified sources for which no construction permit is required, an operation permit application may be required to be submitted under s. NR 407.04 (1) (b) 3. prior to commencing construction or modification.
NR 406.04(1m) (1m)Asbestos abatement notice. Each asbestos abatement notice of intention is considered an application for permit exemption. The department may place conditions on any permit exemption granted under sub. (1) (n).
NR 406.04(1q) (1q)Sources exempt based on controlled actual emissions. No construction permit is required for any emissions unit constructed, modified, replaced, relocated or reconstructed at a stationary source where all of the following criteria and requirements are met:
NR 406.04(1q)(a) (a) The owner or operator of the stationary source has a facility-wide operation permit under ch. NR 407 or has submitted a timely and complete application for a facility-wide operation permit.
NR 406.04(1q)(b) (b) Actual emissions from all of the constructed, modified, replaced, relocated and reconstructed emissions units do not exceed any of the following levels:
NR 406.04(1q)(b)1. 1. 1,666 pounds in any month averaged over any consecutive 12-month period for each of the following air contaminants: particulate matter, nitrogen oxide, sulfur dioxide, PM10, carbon monoxide and volatile organic compounds.
NR 406.04(1q)(b)2. 2. 10 pounds in any month averaged over any consecutive 12-month period for lead.
NR 406.04(1q)(c) (c) None of the emissions units constructed, modified, replaced, relocated or reconstructed requires a new BACT or LAER determination under ch. NR 445 as a result of the new project.
NR 406.04(1q)(d) (d) None of the emissions units constructed, modified, replaced, relocated or reconstructed are subject to new permitting requirements under ch. NR 405 or 408 as a result of the new project.
NR 406.04(1q)(e) (e) The owner or operator of the stationary source submits to the department a complete application for an operation permit revision, or an updated application for an operation permit, which includes each new, modified, replaced, relocated or reconstructed emissions unit, prior to commencing construction, modification, replacement, relocation or reconstruction and does all of the following:
NR 406.04(1q)(e)1. 1. In the operation permit revision application, or updated operation permit application, proposes monitoring of any control equipment used to limit actual emissions from any emissions unit being constructed, modified, replaced, relocated or reconstructed in accordance with the monitoring requirements in s. NR 439.055.
NR 406.04(1q)(e)2. 2. Commences monitoring of any control equipment as proposed in subd. 1., and maintains any records necessary to demonstrate compliance with any applicable emission limitation, upon startup of any newly constructed, modified, replaced, relocated or reconstructed emissions unit.
NR 406.04(1q)(f) (f) The owner or operator of the source submits to the department a claim of exemption from construction permitting requirements. The exemption claim shall identify the emissions units which are being constructed, modified, replaced, relocated or reconstructed. The department shall respond to the claim of exemption submittal within 20 business days after receipt of the claim.
NR 406.04(1q)(g) (g) Any newly constructed emissions unit is not subject to an emission limitation under section 111 or 112 of the Act (42 USC 7411 or 7412). Any modified, replaced, relocated or reconstructed emissions unit does not trigger any new emission limitation or other requirement for the emissions unit under section 111 or 112 of the Act (42 USC 7411 or 7412), excluding section 112(d)(5) or (r) (42 USC 7412(d)(5) or (r)).
NR 406.04 Note Note: The application for an operation permit or operation permit revision required under this section will be evaluated by the department pursuant to the permit approval criteria in ss. 285.63 and 285.64, Stats. Application forms may be obtained from the regional and area offices of the department or from the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921, Attention: operation permits.
NR 406.04(2) (2)General category of exempt sources. In addition to the specific categories of exempt sources identified in sub. (1), no construction permit is required prior to commencing construction, reconstruction, replacement, relocation or modification of a direct source if all of the following conditions are met:
NR 406.04(2)(a) (a) The construction, reconstruction, replacement, relocation or modification of the source is not prohibited by any permit, plan approval or special order applicable to the source.
NR 406.04(2)(b) (b) 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.
NR 406.04(2)(c) (c) 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.
NR 406.04(2)(cm) (cm) The maximum theoretical emissions from the source for PM10 do not exceed 3.4 pounds per hour.
NR 406.04(2)(cs) (cs) The maximum theoretical emissions from the source for PM2.5 do not exceed 2.2 pounds per hour.
NR 406.04(2)(d) (d) The maximum theoretical emissions from the source for lead do not exceed 0.13 pounds per hour.
NR 406.04(2)(f)1.1. The maximum theoretical emissions from the source for any hazardous air contaminant listed in Table A, B or C of s. NR 445.07 are not greater than the emission rate for the air contaminant listed in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07 for the respective stack height or the owner or operator of the source meets the compliance demonstration and notification requirements of s. NR 445.08 (7) (b).
NR 406.04 Note 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 paragraph.
NR 406.04(2)(f)2. 2. The source is not subject to a best available control technology or lowest achievable emission rate requirement in s. NR 445.07 (1) (c), (2), (3) or (4).
NR 406.04(2)(f)3. 3. The source does not combust fuel oil in a compression ignition internal combustion engine subject to a best available control technology requirement in s. NR 445.09 (3) (a).
NR 406.04(2)(f)4. 4. The source does not combust municipal solid waste, as defined in s. NR 500.03 (86), or infectious wastes.
NR 406.04(2)(h) (h) The source is not subject to any standard or regulation under section 111 or 112 or the Act (42 USC 7411 or 7412), excluding section 112(d)(5) or (r) (42 USC 7412(d)(5) or (r)).
NR 406.04 Note Note: Sections 285.60 (1) (b) 1. and 285.62 (8), Stats., and s. NR 407.04 (1) (b) 3. require that a complete operation permit application or revision to an application be submitted to the department prior to commencing construction or modification of the equipment exempted under this section. A source which already has an operation permit must apply for a revision of that permit under s. NR 407.11, 407.12 or 407.13.
NR 406.04(2m) (2m)Exemptions for sources with general operation and registration operation permits. Notwithstanding the provisions in s. NR 406.04 (1) and (2), no construction permit is required prior to commencing construction, reconstruction, replacement, relocation or modification of a stationary source if all the following criteria are met:
NR 406.04(2m)(a) (a) The source is covered under a general operation permit issued under s. NR 407.10 or a registration operation permit issued under s. NR 407.105.
NR 406.04(2m)(b) (b) The construction, reconstruction, replacement, relocation or modification will not result in the source violating any term or condition of the general operation permit or the registration operation permit.
NR 406.04 Note Note: Some general operation permits issued prior to September 1, 2005 may have required a construction permit even if the change at the source would not violate any term or condition of the permit. Those sources are now exempt from the requirement to obtain a construction permit if the change at the source will not violate any term or condition of the general operation permit.
NR 406.04(2m)(c) (c) The construction, reconstruction, replacement, relocation or modification does not require a permit under ch. NR 405 or 408.
NR 406.04 Note Note: This exemption applies to new or modified facilities if they are covered under a general or registration operation permit.
NR 406.04(3) (3)Determination of hazardous emissions.
NR 406.04(3)(a)(a) For the purpose of determining emissions under sub. (2) (f), the owner or operator of a source may rely on information on an approved material safety data sheet if the approved material safety data sheet lists a hazardous air contaminant listed in Table A, B or C of s. NR 445.07 and for any hazardous air contaminant with a standard expressed as an ambient air concentration in column (g) of Table A or B of s. NR 445.07 constitutes 1% (10,000 parts per million) or more of the material or for any hazardous air contaminant with a standard expressed as a control requirement in column (i) of Table A, B or C of s. NR 445.07 constitutes 0.1% (1,000 parts per million) or more of the material. If an approved material safety data sheet for a material does not list a hazardous air contaminant in Table A, B or C of s. NR 445.07 at or above the amounts listed in this paragraph, the material will be presumed not to result in emissions of a hazardous air contaminant unless a hazardous air contaminant is formed in processing of the material.
NR 406.04(3)(b) (b) For the purpose of determining emissions under sub. (2) (f), the owner or operator of a source may rely upon mass balance, or other use, consumption and analytical methodologies for calculating potential emissions. However, the department may require that a stack test be conducted to affirm the accuracy of emission estimations.
NR 406.04(3)(c) (c) For the purpose of determining emissions under sub. (2) (f), the owner or operator of a source is not required to consider indoor fugitive emissions in calculating emissions of any substance with a standard expressed as an ambient air concentration in Table A, B or C of s. NR 445.07.
NR 406.04(3)(d) (d) For the purpose of determining emissions under sub. (2) (f), the owner or operator of a source is not required to consider emissions resulting directly from naturally occurring constituents in windblown soil.
NR 406.04(3)(e) (e) For the purposes of determining emissions under sub. (2) (f), the owner or operator of a source is not required to consider emissions of hazardous air contaminants associated with agricultural waste.
NR 406.04 Note Note: Par. (e) 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 406.04 (3) (e) 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 406.04 Note NR 406.04 (3) (e) For the purposes of determining emissions under sub. (2) (f), the owner or operator of a source is not required to consider emissions of hazardous air contaminants associated with agricultural waste prior to July 31, 2011.
NR 406.04 Note 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.
NR 406.04(4) (4)Exclusions from modification. None of the following changes at a stationary source constitutes a modification:
NR 406.04(4)(a) (a) Use of alternate fuel or raw material. Use of an alternate fuel or raw material which the source is designed to burn or use if:
NR 406.04(4)(a)1. 1. The source has continuously had such design capability.
NR 406.04(4)(a)2. 2. The use will not cause or exacerbate the violation of an ambient air quality standard or an ambient air increment.
NR 406.04(4)(a)3. 3. The use is not prohibited by any permit, plan approval or special order applicable to the source.
NR 406.04(4)(a)4. 4. The use will not result in a violation of any emission limit in chs. NR 405, 408, 409, 415 to 436 and 445.
NR 406.04(4)(a)5. 5. The use will not subject the source to any standard or regulation under section 112 of the Act (42 USC 7412), excluding section 112(d)(5) or (r) (42 USC 7412(d)(5) or (r)).
NR 406.04(4)(b) (b) VOC RACT compliance. A change at a source which is made primarily for the purpose of complying with the requirements of a RACT compliance plan approved under chs. NR 419 to 425, or a VOC RACT variance approved under s. NR 436.05, if the change does not cause or exacerbate the violation of an ambient air quality standard or ambient air increment for any air contaminant other than ozone.
NR 406.04(4)(c) (c) Resumption of operation.
NR 406.04(4)(c)1.1. The resumption of operation of a source after a period of closure if the existing equipment was continuously included in the department's emissions inventory as an existing source covered by plans submitted under s. 285.11 (6), Stats.
NR 406.04(4)(c)2. 2. The resumption of operation of a source after a period of closure if the source was never included and never required to be included in the emissions inventory as an existing source covered by plans submitted under s. 285.11 (6), Stats., and the resumption of operation of the source will not cause or exacerbate the violation of an ambient air quality standard or an ambient air increment, will not result in the emission of a new air contaminant and is not prohibited by any permit, plan approval or special order applicable to the source.
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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.