NR 445.01 History History: Cr. Register, September, 1986, No. 369, eff. 10-1-86; am. (1), Register, September, 1988, No. 393, eff. 10-1-88; am. (1), Register, May, 1992, No. 437, eff. 6-1-92; renum. (1) to (1) (a), cr. (1) (b), Register, December, 1994, No. 468, eff. 1-1-95; am. (1), Register, December, 1995, No. 480, eff. 1-1-96; am. (1) (a), Register, January, 1997, No. 493, eff. 2-1-97; CR 02-097: am. (1) (a) and (2), r. and recr. (1) (b) Register June 2004 No. 582, eff. 7-1-04.
NR 445.02 NR 445.02 Definitions. 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 445.02(1) (1) “Agricultural waste" means livestock manure, wastewater contaminated with livestock manure, animal waste byproducts and litter and bedding material contaminated, derived or mixed with livestock manure.
NR 445.02(1m) (1m) “Best available control technology" or “BACT" means an emission limit for a hazardous air contaminant based on the maximum degree of reduction practically achievable as specified by the department on an individual case-by-case basis taking into account energy, economic and environmental impacts and other costs related to the source.
NR 445.02(2) (2) “Certified control device" means a control device that is certified by either the California air resources board or the United States environmental protection agency.
NR 445.02(3) (3) “Compression ignition internal combustion engine" or “CI engine" means an engine that has operating characteristics significantly similar to the theoretical diesel combustion cycle. The absence of a throttle to regulate intake air flow for controlling power during normal operation is indicative of a compression ignition engine. Combustion of the fuel in the engine proper is indicative of an internal combustion engine.
NR 445.02(4) (4) “Downwash minimization stack height" means a stack height equal to (H+1.5D) where H is the height of the structure and D is the lesser of the structure height or structure cross-wind horizontal dimension in the immediate vicinity of the stack.
NR 445.02(5) (5) “Due diligence" means one of the following:
NR 445.02(5)(a) (a) A reasonable search and inquiry conducted by the owner or operator to identify and quantify emissions of hazardous air contaminants at the facility and determine which, if any, are subject to regulation under the provisions in subch. II and provisions identified in s. NR 445.06 (1) (a) to (e). The search and inquiry is reasonable if it entails an investigation of all facility operations that the owner or operator determines are likely to cause emissions of any hazardous air contaminant based on a substance listed in this chapter being any of the following:
NR 445.02(5)(a)1. 1. Listed on an approved material safety data sheet or otherwise brought into the facility.
NR 445.02(5)(a)2. 2. Reasonably expected to be created through a combustion process or a manufacturing process.
NR 445.02(5)(a)3. 3. Contained in or created through the treatment or disposal of raw materials or waste.
NR 445.02(5)(b) (b) A review by the owner or operator of a source of incidental emissions of the criteria listed in s. NR 445.11 to determine whether the source is subject to regulation under s. NR 445.07 and those provisions identified in s. NR 445.06 (1) (a) to (e).
NR 445.02 Note Note: Changes in methods of operations, process modifications and material substitution are examples that may be likely to cause changes in emissions of hazardous air contaminants.
NR 445.02(6) (6) “Essential service" means an activity to provide any of the following:
NR 445.02(6)(a) (a) Nuclear power plant emergency backup power generation.
NR 445.02(6)(b) (b) Combustion turbine startup.
NR 445.02(6)(c) (c) Safety or asset protection in an emergency situation.
NR 445.02 Note Note: Examples include activities to provide emergency heating, ventilation, lighting, flood relief or spills response.
NR 445.02(7) (7) “Hazardous air contaminant" means any air contaminant for which no ambient air quality standard is set in ch. NR 404 and which the department determines may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or may pose a significant threat to human health or the environment. The term hazardous air contaminant includes the substances listed in Tables A, B and C in s. NR 445.07.
NR 445.02(8) (8) “Indoor fugitive emissions" means an air contaminant present in a workplace which is emitted to the ambient air from general ventilation sources.
NR 445.02(9) (9) “Lowest achievable emission rate" or “LAER" means the rate of emission of a hazardous air contaminant that reflects the more stringent of the following:
NR 445.02(9)(a) (a) The most stringent emission limitation for the hazardous air contaminant which is contained in the air pollution regulatory program of any state for this class or category of source, unless an applicant for a permit demonstrates that this limitation is not achievable.
NR 445.02(9)(b) (b) The most stringent emission limitation for the hazardous air contaminant which is achieved in practice by the class or category of source.
NR 445.02(10) (10) “Manufactures" means the process of making, fabricating, finishing, constructing, forming or assembling a product from raw, unfinished, semifinished or finished materials engaged in by a manufacturer.
NR 445.02 Note Note: Packing, bottling, labeling and packaging are all considered to be manufacturing activities.
NR 445.02(11) (11) “Multipathway impact" means the impact determined through the use of a department approved air dispersion modeling and health effects risk screening analysis that incorporates multiple routes of exposures from the release of a hazardous air contaminant to the environment, including, inhalation and ingestion e.g., via soil, drinking water, or food.
NR 445.02(12) (12) “On-road fuel oil" means any diesel fuel or distillate product that is used, intended for use or made available for use as a fuel in diesel motor vehicles or diesel motor vehicle engines.
NR 445.02(13) (13) “Rebuilt" means to have removed components from a CI engine and to have substituted these components with similar components to such an extent that the fixed capital cost of the substituted components over any 12 consecutive month period exceeds 50% of the fixed capital cost that would be required to purchase a comparable entirely new CI engine.
NR 445.02(14) (14) “Reference concentration" means a verified reference concentration developed by the United States environmental protection agency which is an estimate of an exposure of the human population, including sensitive subgroups, to a hazardous air contaminant that is likely to be without an appreciable risk of deleterious effects during a lifetime. A reference concentration is based on continuous inhalation exposures to the hazardous air contaminant and is expressed in units of micrograms per cubic meter (mg/m3).
NR 445.02(15) (15) “Refuse derived fuel" means municipal solid waste which has undergone a process to, at a minimum, remove hazardous waste, minimize metals, glass and other non-combustible material; and has been processed for use as a fuel. Refuse derived fuel does not include tires, tire fragments, waste oils, waste solvents, and other material not normally contained in household solid waste.
NR 445.02(16) (16) “Treats" or “treatment" means any method, technique or process, including thermal destruction, that changes the physical, chemical or biological character or composition of a hazardous air contaminant so as to render the contaminant less hazardous, safer for transport or management, amenable to recovery, convertible to another useable material or reduced in volume.
NR 445.02(17) (17) “Unit risk factor" means the upper-bound excess lifetime cancer risk estimated to result from continuous exposure to a hazardous air contaminant concentration of 1 microgram per cubic meter in the air. A unit risk factor is expressed in units of cubic meters per microgram (m3/mg).
NR 445.02 Note Note: The interpretation of unit risk would be as follows: a unit risk factor = 1.5 x 10-6 m3/mg applied to a concentration of a hazardous air contaminant of 1 mg/m3 would result in an expectation of 1.5 excess tumors to develop per 1,000,000 people exposed daily for a lifetime.
NR 445.02(18) (18) “Virgin fossil fuel" means any solid, refined liquid or refined gaseous fossil fuel with a Btu content greater than 7,000 Btu/lb which is not blended with reprocessed or recycled fuels. Group 1 virgin fossil fuels consist of natural gas, liquid petroleum gas, distillate fuel oil, gasoline and diesel fuel. Group 2 virgin fossil fuels consist of coal and residual fuel oil.
NR 445.02 History History: Renum. from NR 154.01 (19), (28e) and (116e), cr. (intro.), Register, September, 1986, No. 369, eff. 10-1-86; renum. (1) to (3) to be (2), (3) and (9), cr. (1), (4) to (8), (10) and (11), Register, September, 1988, No. 393, eff. 10-1-88; (9m) renum. from NR 400.02 (77), Register, December, 1988, No. 396, eff. 1-1-89; am. (9m), Register, May, 1992, No. 437, eff. 6-1-92; r. and recr. (2), Register, October, 1992, No. 442, eff. 11-1-92; cr. (9g), Register, December, 1994, No. 468, eff. 1-1-95; am. (intro.), (2), (6) and (9m), Register, December, 1995, No. 480, eff. 1-1-96; am. (1), Register, January, 1997, No. 493, eff. 2-1-97; am. (intro.) and (1), Register, November, 1999, No. 527, eff. 12-1-99; CR 02-097: renum. (1), (2), (4) to (8), (9g), (10) and (11) to be NR 400.02 (27m), 447.02 (4) and 445.02 (1m), (4), (7) to (9), (14), (15) and (18), am. (1m), (7) and (9) (intro.) as renumbered, cr. (1) to (3), (5), (6), (10) to (13), (16) and (17) Register June 2004 No. 582, eff. 7-1-04; CR 07-076: am. (5) (a) (intro.) Register July 2008 No. 631, eff. 8-1-08; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register July 2008 No. 631.
NR 445.03 NR 445.03 General limitations. No person may cause, allow or permit emissions into the ambient air of any hazardous substance in a quantity or concentration or for a duration that is injurious to human health, plant or animal life unless the purpose of that emission is for the control of plant or animal life. Hazardous substances include but are not limited to the hazardous air contaminants listed in Tables A to C of s. NR 445.07.
NR 445.03 History History: Renum. from NR 154.19 (1), Register, September, 1986, No. 369, eff. 10-1-86; am. Register, September, 1988, No. 393, eff. 10-1-88; am., Register, November, 1999, No. 527, eff. 12-1-99; CR 02-097: am. Register June 2004 No. 582, eff. 7-1-04.
subch. II of ch. NR 445 Subchapter II — Emission Requirements, Review and Notifications for Stationary Sources of Hazardous Air Contaminants
NR 445.06 NR 445.06 Safe harbor.
NR 445.06(1)(1) An owner or operator of a facility shall be deemed to be in compliance with this subchapter and the requirements in chs. NR 406, 407 and 438 listed in this subsection for any hazardous air contaminant listed in Table A, B or C of s. NR 445.07 if the owner or operator identifies the contaminant through due diligence and determines that the emissions of the identified contaminant are below the applicable regulatory threshold in this chapter or otherwise exempt from regulation, or the facility is meeting the applicable provisions in this subchapter. The requirements from chs. NR 406, 407 and 438 are the following:
NR 445.06(2) (2) The owner or operator will not be deemed to be out of compliance with this subchapter or with the provisions identified in sub. (1) (a) to (e) for any hazardous air contaminant listed in Table A, B or C of s. NR 445.07 for the period of time prior to either of the determinations in par. (a) or (b) being made if the determination is submitted in writing to the department within 21 calendar days, and no later than 90 calendar days after the determination, the owner or operator certifies that the facility is in compliance with all applicable requirements for the hazardous air contaminant. The department may, in writing, extend the 90 calendar days for achieving compliance. The determinations are as follows:
NR 445.06(2)(a) (a) That a hazardous air contaminant that was not previously identified through due diligence is later determined to be emitted from the facility in an amount greater than the applicable emission threshold in any of the following:
NR 445.06(2)(a)1. 1. Table A, B or C of s. NR 445.07.
NR 445.06(2)(a)4. 4. Table 2 of s. NR 407.05.
NR 445.06(2)(a)5. 5. Table 1 of s. NR 438.03.
NR 445.06(2)(b) (b) That a hazardous air contaminant previously identified and quantified is determined to be emitted in a greater amount, and that amount is greater than the applicable emission threshold for any of the provisions identified in par. (a) 1. to 5.
NR 445.06(3) (3) Notwithstanding sub. (2), the department retains the authority to order the owner or operator to achieve compliance with applicable requirements within a specific time period shorter than the 90 calendar days whenever compliance in the shorter period of time is feasible and necessary to protect public health and the environment.
NR 445.06 Note Note: The address for submittal of information and requests for an extension from the deadline in sub. (2) is:
  Wisconsin Department of Natural Resources
  Bureau of Air Management
  PO Box 7921
  Madison WI 53707-7921
  Attention: NR 445 Safe Harbor Determinations.
NR 445.06 History History: CR 02-097: cr. Register June 2004 No. 582, eff. 7-1-04; CR 05-055: am. (2) (a) 5. Register December 2005 No. 600, eff. 1-1-06.
NR 445.07 NR 445.07 Emission thresholds, standards, control requirements and exemptions.
NR 445.07(1) (1) All sources of hazardous air contaminants. Except as provided in sub. (5), the following requirements apply:
NR 445.07(1)(a) (a) No owner or operator of a source may cause, allow or permit emissions of a hazardous air contaminant listed in Table A in such quantity or concentration or for such duration as to cause an ambient air concentration of the contaminant off the source property that exceeds the concentration in column (g) of Table A for the contaminant.
NR 445.07 Note Note: Owners and operators of facilities emitting less than 3 tons of volatile organic compounds and 5 tons 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.
NR 445.07(1)(b) (b) The owner or operator of a source may request approval of an alternative to the emission limitation in par. (a). The alternative emission limitation is 10% of the threshold limit value - time weighted average established by the American Conference of Governmental Industrial Hygienists, in the Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices for 2000, incorporated by reference in s. NR 484.11 (2) (c), for any contaminant with a 24-hour averaging period in column (h) of Table A. The department may approve the alternative emission limitation if both of the following criteria are met:
NR 445.07(1)(b)1. 1. The hazardous air contaminant is emitted no more than 5 days in any consecutive 30-day period.
NR 445.07(1)(b)2. 2. The department determines, after consultation with the department of health services, that the alternative emission limitation will not pose a threat to public health or welfare.
NR 445.07(1)(c) (c) The owner or operator of a source that emits a hazardous air contaminant for which a control requirement is identified in column (i) of Table A in a quantity greater than the amount listed in column (c), (d), (e) or (f) of Table A for the contaminant shall control emissions of the contaminant to the level identified in column (i) of the table. The control requirement shall be applied according to the procedure in s. NR 445.08 (2) (f).
NR 445.07(2) (2)Sources of hazardous air contaminants from the manufacture or treatment of pesticides, rodenticides, insecticides, herbicides or fungicides. Except as provided in sub. (5) (c) and (d), in addition to the requirements of sub. (1), the owner or operator of a source that manufactures or treats pesticides, rodenticides, insecticides, herbicides or fungicides may not cause, allow or permit emissions of a hazardous air contaminant listed in Table B in a quantity or concentration or for a duration as to cause an ambient air concentration off the source property that exceeds the concentration in column (g) of Table B for the contaminant. For any hazardous air contaminant for which a control requirement is identified in column (i) of Table B that is emitted in an amount greater than the amount listed in column (c), (d), (e) or (f) of Table B for the contaminant, the owner or operator shall control emissions of the contaminant to the level identified in column (i) of the table. The control requirement shall be applied according to the procedure in s. NR 445.08 (2) (f).
NR 445.07(3) (3)Sources of hazardous air contaminants from the manufacture or treatment of pharmaceuticals. Except as provided in sub. (5) (c) and (d), in addition to meeting the requirements of sub. (1), the owner or operator of a source that manufactures or treats pharmaceuticals and that emits a hazardous air contaminant for which a control requirement is identified in column (i) of Table C in an amount greater than the amount listed in column (c), (d), (e) or (f) of Table C for the contaminant shall control emissions of the contaminant to the level identified in column (i) of the table. The control requirement shall be applied according to the procedure in s. NR 445.08 (2) (f).
NR 445.07(4) (4)Municipal solid waste and infectious waste Incinerators.
NR 445.07(4)(a)(a) Except as provided for in par. (b), the owner or operator of a source that combusts municipal solid waste, as defined in s. NR 500.03 (150), or infectious waste shall comply with sub. (1), and shall control emissions of hazardous air contaminants having a control requirement identified in column (i) in Table A, B or C to a level that is the lowest achievable emission rate. The control requirement shall be applied according to the procedure in s. NR 445.08 (2) (f).
NR 445.07(4)(b) (b) A source that combusts no infectious waste and that combusts no municipal solid waste other than refuse derived fuel in a boiler is not subject to this subsection unless 50% or more of the boiler's heat input is obtained from the refuse derived fuel.
NR 445.07(5) (5)Exempt emissions. Emissions from all of the following are exempt from the requirements of sub. (1) and emissions identified in pars. (c) and (d) are also exempt from the requirements of subs. (2) and (3):
NR 445.07(5)(a) (a) The combustion of group 1 virgin fossil fuels.
NR 445.07(5)(b) (b) The combustion of group 2 virgin fossil fuels vented from a stack that has downwash minimization stack height or a height approved by the department.
NR 445.07(5)(c) (c) A laboratory.
NR 445.07(5)(d)1.1. Indoor fugitive sources that emit any hazardous air contaminant with a concentration having a 1-hour or 24-hour average time period in column (h) in Table A, B or C.
NR 445.07(5)(d)2. 2. Indoor fugitive sources that emit any hazardous air contaminant with a control requirement in column (i) or a concentration having an annual time period in column (h) in Table A, B or C that meet all of the following requirements:
NR 445.07(5)(d)2.a. a. The contaminant is exhausted to the ambient air through general building ventilation.
NR 445.07(5)(d)2.b. b. The contaminant has a threshold limit value established by the American Conference of Governmental Industrial Hygienists, in the Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices for 2000, incorporated by reference in s. NR 484.11 (2) (c).
NR 445.07(5)(d)2.c. c. The owner or operator of the source demonstrates to the department that the source is in compliance with applicable occupational safety and health administration requirements.
NR 445.07(5)(e) (e) Gasoline dispensing for any hazardous air contaminant with a control requirement in column (i) of Table A provided that one of the following applies:
NR 445.07(5)(e)1. 1. The gasoline dispensing facility meets the requirements of s. NR 420.04 (3) (b) to (i) and dispenses less than 2 million gallons of gasoline in any 12 consecutive month period.
NR 445.07(5)(e)2. 2. The gasoline dispensing facility dispenses less than 1.25 million gallons of gasoline in any 12 consecutive month period.
NR 445.07(5)(f) (f) Combustion of wood in combustion units that operate with good combustion technology and that were constructed or last modified prior to October 1, 1988 for any hazardous air contaminant with a control requirement in column (i) of Table A. Good combustion technology means technology that provides for a minimization of hazardous air contaminants with control requirements in column (i). Good combustion technology will be determined on a case-by-case basis by the department, taking into account the type of fuel to be burned, the economic and environmental impacts of the combustion, and other costs related to the source. Good combustion technology may include consideration of factors such as temperature, residence time, carbon monoxide emissions, excess oxygen, and turbulence.
NR 445.07 Note Note: See department draft memo dated July 7, 1999, Wood Combustion and Compliance with Chapter NR 445, for further information regarding the use of this exemption. The draft memo may obtained by contacting the Compliance and Enforcement Section of the Bureau of Air Management at 608-266-7718.
NR 445.07(6) (6)Use requirements for tables A, B and C.
NR 445.07(6)(a)(a) The emission thresholds in columns (c) to (f) in Tables A, B and C for any hazardous air contaminant may only be used if emissions from the source are vented to the atmosphere in a manner that meets both of the following:
NR 445.07(6)(a)1. 1. The emissions are from an unobstructed discharge point.
NR 445.07 Note Note: Valves designed to open and close at the point of discharge are not considered to be obstructions if they are open at time of emission.
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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.