NR 407.02(4)(b)9. 9. Hydrofluoric, sulfuric or nitric acid plants.
NR 407.02(4)(b)10. 10. Petroleum refineries.
NR 407.02(4)(b)11. 11. Lime plants.
NR 407.02(4)(b)12. 12. Phosphate rock processing plants.
NR 407.02(4)(b)13. 13. Coke oven batteries.
NR 407.02(4)(b)14. 14. Sulfur recovery plants.
NR 407.02(4)(b)15. 15. Carbon black plants, furnace process.
NR 407.02(4)(b)16. 16. Primary lead smelters.
NR 407.02(4)(b)17. 17. Fuel conversion plants.
NR 407.02(4)(b)18. 18. Sintering plants.
NR 407.02(4)(b)19. 19. Secondary metal production plants.
NR 407.02(4)(b)20. 20. Chemical process plants. The chemical processing plants category does not include ethanol production facilities that produce ethanol by natural fermentation, as described by the 6-digit code of 312140 or 325193 in the North American Industry Classification System United States, 2007, incorporated by reference in s. NR 484.05 (17).
NR 407.02(4)(b)21. 21. Fossil-fuel boilers, or combination thereof, totaling more than 250 million British thermal units per hour heat input.
NR 407.02(4)(b)22. 22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.
NR 407.02(4)(b)23. 23. Taconite ore processing plants.
NR 407.02(4)(b)24. 24. Glass fiber processing plants.
NR 407.02(4)(b)25. 25. Charcoal production plants.
NR 407.02(4)(b)26. 26. Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input.
NR 407.02(4)(b)27. 27. Any other stationary source category not included in this paragraph which as of August 7, 1980 is being regulated under section 111 or 112 of the Act (42 USC 7411 or 7412).
NR 407.02(4)(c) (c) A major stationary source as defined in part D of title I of the Act (42 USC 7501 to 7515), which is defined as:
NR 407.02(4)(c)1. 1. For ozone nonattainment areas, sources with the potential to emit 100 tpy or more of volatile organic compounds or oxides of nitrogen in areas classified as “rural transport", “marginal" or “moderate", 50 tpy or more in areas classified as “serious", 25 tpy or more in areas classified as “severe", and 10 tpy or more in areas classified as “extreme"; except that the references in this paragraph to 100, 50, 25 and 10 tpy of nitrogen oxides do not apply with respect to any source for which the administrator has made a finding, under section 182 (f) (1) or (2) of the Act (42 USC 7511a (f) (1) or (2)), that requirements under section 182 (f) of the Act (42 USC 7511a (f)) do not apply.
NR 407.02(4)(c)2. 2. For ozone transport regions established pursuant to section 184 of the Act (42 USC 7511c), sources with the potential to emit 50 tpy or more of volatile organic compounds.
NR 407.02(4)(c)3. 3. For carbon monoxide nonattainment areas that are classified as “serious", and in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the administrator, sources with the potential to emit 50 tpy or more of carbon monoxide.
NR 407.02(4)(c)4. 4. For particulate matter (PM10) nonattainment areas classified as “serious", sources with the potential to emit 70 tpy or more of PM10.
NR 407.02(4m) (4m) “Natural minor source" means a source that meets all of the following criteria:
NR 407.02(4m)(a) (a) Is not a major stationary source under ch. NR 405, and is not a major source under this chapter or under ch. NR 408.
NR 407.02(4m)(b) (b) Is not a synthetic minor source under this chapter and does not have a permit containing conditions that allow the source to avoid being either a major stationary source under the definition in s. NR 405.02 (22) or a major source under the definition in s. NR 408.02 (21).
NR 407.02(4m)(c) (c) Is not a part 70 source.
NR 407.02(5) (5) “Non-part 70 source" means any stationary source required to obtain an operation permit that is not a part 70 source.
NR 407.02(6)(a)(a) “Part 70 source" means any of the following stationary sources, except as provided in par. (b):
NR 407.02(6)(a)1. 1. Any major source.
NR 407.02(6)(a)2. 2. Any source subject to a standard, limitation or other requirement under section 111 of the Act (42 USC 7411).
NR 407.02(6)(a)3. 3. Any source subject to a standard or other requirement under section 112 of the Act (42 USC 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)).
NR 407.02 Note Note: A United States Environmental Protection Agency memorandum dated May 16, 1995, from John S. Seitz, Director Office of Air Quality Planning and Standards, addresses when a major source of hazardous air pollutants [a source subject to a standard under section 112 of the Act] can become an area source rather than comply with the major source requirements. Specifically, the memorandum clarifies that facilities may switch to area source status at any time until the "first compliance date" of the standard. The memorandum is available at http://www.epa.gov/oaqps001/permits/memoranda/pteguid.pdf.
NR 407.02(6)(a)4. 4. Any affected source.
NR 407.02(6)(b) (b) Notwithstanding par. (a), all sources listed in par. (a) 2. or 3. are not part 70 sources unless they are one of the following:
NR 407.02(6)(b)1. 1. Major sources.
NR 407.02(6)(b)2. 2. Affected sources.
NR 407.02(6)(b)3. 3. Solid waste incineration units required to obtain permits pursuant to section 129 (e) of the Act (42 USC 7429 (e)).
NR 407.02(6m) (6m) “Regulated asbestos-containing material" has the meaning given in s. NR 447.02 (33).
NR 407.02(7) (7) “Renewal" means the process by which an operation permit is reissued at the end of its term.
NR 407.02(8) (8) “State-only requirement" means a requirement designated under s. NR 407.09 (3) (b) as not being federally enforceable.
NR 407.02(8m) (8m) “Subject to regulation under the Act" has the meaning given in s. NR 405.02 (28m).
NR 407.02(9) (9) “Synthetic minor source" means any stationary source that has its potential to emit limited by federally-enforceable permit conditions so that it is not a major source.
NR 407.02 History History: Cr. Register, December, 1984, No. 348, eff. 1-1-85; renum. (1) to be (intro.), cr. (1), Register, September, 1986, No. 369, eff. 10-1-86; r. and recr. Register, December, 1993, No. 456, eff. 1-1-94; am. (17) (intro.), Register, February, 1995, No. 470, eff. 3-1-95; renum. (1), (2), (4) to be NR 400.02 (1), (1c), (1v), and (5) to (12), (14), (15), (18), (19), (21), (23) to (30), (33), (34) to be NR 409.02 (10), (11), (15), (19), (22), (26), (28), (29), (37), (38), (47), (48), (50), (55), (56), (64), (66), (69) to (72), (78), (79) and am. (72), (78), (79), Register, April, 1995, No. 472, eff. 5-1-95; am. (22) (b), Register, June, 1995, No. 474, eff. 7-1-95; renum. (3), (13), (16), (17), (20), (22), (31), (32), (35) to be (1) to (9) and am. (4) (c) 1. and (6) (b) (intro.), Register, December, 1996, No. 492, eff. 1-1-97; cr. (6) (b) 5. and 6., Register, March, 1997, No. 495, eff. 4-1-97; cr. (6) (b) 7., Register, September, 1997, No. 501, eff. 10-1-97; am. (4) (b) (intro.), Register, December, 1997, No. 504, eff. 1-1-98; am. (4) (a), Register, October, 1999, No. 526, eff. 11-1-99; CR 04-107: r. and recr. (3), cr. (3m) Register August 2005 No. 596, eff. 9-1-05; CR 07-040: cr. (3e), am. (4) (b) 27., r. (6) (b) 4. to 7. Register April 2008 No. 628, eff. 5-1-08; CR 07-104: am. (4) (b) 20. Register July 2008 No. 631, eff. 8-1-08; CR 09-020: am. (4) (a), (b) 27., (c) (intro.), 1., 2. and (6) (a) 2., 3., and (b) 3., cr. (6m) Register January 2010 No. 649, eff. 2-1-10; EmR1046: emerg. am. (4) (b) (intro.), cr. (8m), eff. 12-15-10; CR 10-144: am. (4) (b) (intro.), cr. (8m) Register August 2011 No. 668, eff. 9-1-11; CR 15-005: am. (4) (b) 27., cr. (4m) Register November 2015 No. 719, eff. 12-1-15.
NR 407.025 NR 407.025Permit flexibility.
NR 407.025(1)(a) (a) The owner or operator of a stationary source that has an operation permit, or for which a timely and complete application has been submitted, may make a change to the stationary source that contravenes an express term of an operation permit without first obtaining a permit revision if all the following apply:
NR 407.025(1)(a)1. 1. The change does not violate applicable requirements or contravene permit terms and conditions that are monitoring, including use of specified test methods, recordkeeping, reporting or compliance certification requirements.
NR 407.025(1)(a)2. 2. The change is not a modification as defined in s. 285.01 (26), Stats., and rules promulgated thereunder.
NR 407.025(1)(a)3. 3. The change does not cause the stationary source to exceed the emissions allowable under the permit, whether expressed in the permit as an emissions rate or in terms of total emissions.
NR 407.025(1)(a)4. 4. Notice is given and the department does not inform the owner or operator of the stationary source that the change is not authorized, as provided in par. (b).
NR 407.025(1)(b)1.1. For each change allowed under par. (a), the owner or operator of the stationary source shall provide the department and, for part 70 sources, the administrator, with written notification of the proposed change a minimum of 21 days in advance of the date on which the proposed change is to occur. The written notification shall include a brief description of the change within the stationary source, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable as a result of the change.
NR 407.025(1)(b)2. 2. The owner or operator of the stationary source may not make the proposed change if the department informs the person before the end of the 21- day period provided in subd. 1. that the proposed change is not one authorized under this subsection.
NR 407.025(1)(c) (c) The owner or operator of the stationary source, the department and the EPA, if applicable, shall attach each notification of a change made under this subsection to their copy of the relevant operation permit.
NR 407.025(1)(d) (d) The permit shield described in s. 285.62 (10) (b), Stats., may not apply to any change made pursuant to this subsection.
NR 407.025(2)(a)(a) The department shall, if an owner or operator of a stationary source requests it, issue an operation permit that contains terms and conditions, including all terms required under s. NR 407.09 (1), (2) and (4), allowing for the trading of emissions increases and decreases at the stationary source solely for the purpose of complying with a federally-enforceable emissions cap that is established in the operation permit independent of otherwise applicable requirements. The permit applicant shall include in the application proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and enforceable. The department may not include in the emissions trading provisions any emissions units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emissions trades. Any operation permit issued pursuant to this subsection shall require compliance with all applicable requirements.
NR 407.025(2)(b) (b) For any trade allowed in an operation permit pursuant to par. (a), the owner or operator of the stationary source shall provide the department and, for part 70 sources, the administrator, with written notification a minimum of 7 days in advance of the date on which the proposed trade is to occur. The written notification shall state when the change is proposed to occur and shall describe the changes in emissions that will result and how these changes in emissions will comply with the terms and conditions of the permit.
NR 407.025(2)(c) (c) The permit shield described in s. 285.62 (10) (b), Stats., may extend to terms and conditions that allow the increases and decreases in emissions allowed under this subsection.
NR 407.025 History History: Cr. Register, December, 1993, No. 456, eff. 1-1-94; am. (1) (a) (intro.), 3., (b) 1., 2., (c), (2) (a) and (b), Register, December, 1997, No. 504, eff. 1-1-98; corrections in (1) (d) and (2) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526.
NR 407.03 NR 407.03Exemptions from operation permit requirements.
NR 407.03(1)(1)Specific categories of exempt sources. Any direct stationary source which is not an affected source and consists solely of one of the following categories of stationary sources is exempt from the requirement to obtain an operation permit provided the requirements of sub. (4) are met:
NR 407.03(1)(a) (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:
NR 407.03(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 407.03(1)(a)2. 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.
NR 407.03(1)(a)3. 3. Residual or crude oil at a heat input rate of not more than 5.0 million Btu per hour.
NR 407.03(1)(a)4. 4. Distillate oil at a heat input rate of not more than 10 million Btu per hour.
NR 407.03(1)(a)5. 5. Gaseous fuel at a heat input rate of not more than 25 million Btu per hour.
NR 407.03(1)(b) (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.
NR 407.03(1)(ce) (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.
NR 407.03(1)(cm) (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.
NR 407.03(1)(d) (d) Portland concrete batch plants which produce less than 20,000 cubic yards of concrete per month averaged over any 12 consecutive month period.
NR 407.03(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 407.03(1)(f) (f) VOC storage tanks with a combined total tankage capacity of not more than 10,000 gallons of volatile organic compounds.
NR 407.03(1)(g) (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.
NR 407.03(1)(gm) (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.
NR 407.03(1)(h) (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.
NR 407.03(1)(i) (i) Cold cleaning equipment which meets both of the following requirements:
NR 407.03(1)(i)1. 1. The equipment has a total air to solvent interface of 1.0 square meters or less during operation.
NR 407.03(1)(i)2. 2. The equipment does not use any halogenated HAP solvent as a cleaning or drying agent.
NR 407.03(1)(j) (j) Open top vapor degreasing equipment which meets both of the following requirements:
NR 407.03(1)(j)1. 1. The equipment has a total air to vapor interface of 1.0 square meters or less during operation.
NR 407.03(1)(j)2. 2. The equipment does not use any halogenated HAP solvent as a cleaning or drying agent.
NR 407.03(1)(k) (k) Coin-operated dry cleaning machines.
NR 407.03(1)(km) (km) Chromium electroplating and chromium anodizing operations which are not major sources or located at major sources and which are any of the following:
NR 407.03(1)(km)1. 1. Any decorative chromium electroplating operation or chromium anodizing operation that uses fume suppressants as an emission reduction technology.
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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.