Register March 2016 No. 723
Chapter NR 445
CONTROL OF HAZARDOUS POLLUTANTS
Subchapter I — General Provisions
NR 445.01 Applicability; purpose.
NR 445.03 General limitations.
Subchapter II — Emission Requirements, Review and Notifications for Stationary Sources of Hazardous Air Contaminants
NR 445.07 Emission thresholds, standards, control requirements and exemptions.
NR 445.08 Compliance requirements.
NR 445.09 Fuel, control and compliance requirements for compression ignition internal combustion engines combusting fuel oil.
NR 445.10 Control and compliance requirements for the handling and storage of coal.
NR 445.11 Compliance requirements for sources of incidental emissions.
NR 445.13 Review of hazardous air contaminant requirements.
NR 445.14 Hazardous air contaminant studies.
NR 445.15 Additional provisions related to the control of hazardous air contaminants.
NR 445.16 Notice of hazardous substance air spills.
NR 445.01(1)(a)(a) This chapter applies to all stationary air contaminant sources which may emit hazardous contaminants and to their owners and operators.
NR 445.01 Note
Note: Owners and operators of sources of emissions of hazardous air contaminants associated with agricultural waste should refer to s.
NR 445.08 (6) (d) prior to undertaking any activities under this chapter.
NR 445.01(1)(b)
(b) The emission limitations and control requirements in this chapter do not apply to hazardous air contaminants emitted by the emissions units, operations or activities that are regulated by an emission standard promulgated under section 112 of the Clean Air Act (
42 USC 7412). Hazardous air contaminants “regulated by an emission standard promulgated under section 112 of the Act" means the hazardous air contaminants that are regulated by section 112 by the name of the contaminant, by virtue of regulation of another substance as a surrogate for the contaminant, or by virtue of regulation of a species or category of hazardous air contaminants that includes the contaminant.
NR 445.01 Note
Note: An example of regulated “by virtue of regulation of another substance as a surrogate" would be using the measurement of one contaminant to represent the emission rate of another, harder to measure contaminant. Examples of regulated “by virtue of the regulation of a species or category" would be the use of terms such as “volatile organic HAP" or “total HAP" emission in lieu of specifically naming individual hazardous air contaminants.
NR 445.01(2)
(2) Purpose. This chapter is adopted under ss.
285.11,
285.13,
285.17 and
285.27, Stats., to establish emission limitations for hazardous contaminants from stationary sources.
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 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/m
3).
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 (m
3/
µg).
NR 445.02 Note
Note: The interpretation of unit risk would be as follows: a unit risk factor = 1.5 x 10-6 m3/µg applied to a concentration of a hazardous air contaminant of 1 µg/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(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)(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.
