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)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. All other stationary source categories regulated on or after August 7, 1980, by a standard promulgated under section 111 or 112 of the Act (
42 USC 7411 or
7412).
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(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)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(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(7)
(7) "Renewal" means the process by which an operation permit is reissued at the end of its term.
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.
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)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(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 407.03
Exemptions 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)(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.
NR 407.03(1)(km)2.
2. Any decorative chromium electroplating operation that uses a trivalent chromium bath that incorporates a wetting agent as a bath ingredient.
NR 407.03(1)(n)
(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).
NR 407.03(1)(o)
(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.
NR 407.03(1)(p)
(p) Equipment the primary purpose of which is to transport or sort paper.
NR 407.03(1)(q)
(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.
NR 407.03(1)(r)
(r) Gasoline dispensing facilities which dispense gasoline or other petroleum products.
NR 407.03(1)(s)
(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.
NR 407.03(1)(sm)
(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):
NR 407.03(1)(sm)1.
1. Landspreading of contaminated soil, including the agricultural landspreading of soil contaminated with pesticide or fertilizer.
NR 407.03(1)(sm)2.
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.
NR 407.03(1)(sm)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 407.03 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.
