Chapter NR 407

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) (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source, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable as a result of the change.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) (2) 

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 that is not an affected source and is not required to obtain a permit under 40 CFR part 70 and that consists solely of one of the following categories of stationary sources or consists of a combination of the categories of stationary sources listed under sub. (1) (t) is exempt from the requirement to obtain an operation permit provided the requirements under 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)4m. 4m. Distillate oil with a maximum sulfur content of 15 ppm at a heat input rate of not more than 25 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)(bm) (bm) Equipment owned or operated by a government agency, such as police or sheriff’s department, that is used to incinerate only drugs confiscated by federal, state, or local law enforcement agencies, provided the equipment meets all of the following design requirements:

NR 407.03(1)(bm)1. 1. The equipment shall be a dual-chamber incinerator that complies with all of the following:

NR 407.03(1)(bm)1.a. a. The equipment is designed to incinerate not more than 500 pounds of material per hour.

NR 407.03(1)(bm)1.b. b. The equipment has a secondary chamber that operates at all times with a minimum temperature of 1,400 degrees Fahrenheit and a minimum gas retention time of 0.5 seconds.

NR 407.03(1)(bm)1.c. c. The secondary chamber has a continuous temperature monitor.

NR 407.03(1)(bm)2. 2. Stacks shall comply with all of the following:

NR 407.03(1)(bm)2.a. a. Each stack shall have a height at least 1.5 times higher than the peak of the highest structure within 150 feet.

NR 407.03(1)(bm)2.b. b. Each stack shall be located at least 500 feet from nearest property line.

NR 407.03(1)(bm)2.c. c. Each stack shall have unobstructed vertical discharge when the incinerator is operated. Properly installed and maintained spark arresters are not considered obstructions.

NR 407.03(1)(bm)3. 3. The incinerator shall be operated with the following limits:

NR 407.03(1)(bm)3.a. a. The unit shall reach a minimum operating temperature of 1,400 degrees Fahrenheit prior to introducing the materials to be incinerated.

NR 407.03(1)(bm)3.b. b. The quantity of material incinerated, including packaging, is limited to no more than 25 pounds in any 24-hour period, with the exception of marijuana. Marijuana may be incinerated in quantities up to the design capacity of the incinerator.

NR 407.03(1)(bm)3.c. c. Fuel for the incinerator shall be limited to natural gas, liquid petroleum gas, distillate fuel oil with less than 0.0015% sulfur by weight, or the equipment shall use electric power.

NR 407.03(1)(bm)3.d. d. The manufacturer’s recommended operating instructions shall be posted at the incinerator and the unit shall be operated in accordance with these instructions. The incinerator shall be operated in accordance with the manufacturer’s specifications and maintained in good working order.

NR 407.03(1)(bm)4. 4. The owner or operator shall install, calibrate, maintain, and operate a monitoring device that continuously measures and records the temperature of the secondary chamber of the incinerator.

NR 407.03(1)(bm)5. 5. The owner or operator shall maintain records sufficient to demonstrate that each of the requirements listed in this paragraph are met. The records shall be retained for a minimum of 5 years, and shall include all of the following:

NR 407.03(1)(bm)5.a. a. The time and date materials are charged.

NR 407.03(1)(bm)5.b. b. The amount of material charged or burned in each 24-hour period.

NR 407.03(1)(bm)5.c. c. The type and amount of fuel usage, including sulfur content for fuel oil.

NR 407.03(1)(bm)5.d. d. The monitoring results.

NR 407.03(1)(bm)5.e. e. The hours of operation.

NR 407.03(1)(bm)5.f. f. Routine maintenance of abatement systems.

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.

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)(L) (L) Private alcohol fuel production systems as defined in s. 289.44 (1) (c), Stats.

NR 407.03(1)(m) (m) Crematories.

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.

NR 407.03(1)(sm)4. 4. Landfilling of contaminated soil.

NR 407.03(1)(sm)5. 5. Installation and use of devices which remove organic compounds from a private or municipal potable water supply.

NR 407.03(1)(sm)6. 6. Installation and use of crop irrigation systems or dewatering wells to remediate contaminated water.

NR 407.03(1)(sm)7. 7. Installation and use of air strippers for treatment of contaminated water, 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)8. 8. Installation and use of any devices or techniques not listed in this paragraph which are used to remediate soil or water contaminated with organic compounds, if the device or technique is not portable and is not a thermal evaporation unit, and the remediation is completed within 18 months.

NR 407.03(1)(sm)9. 9. Installation and use of any technique or device to remediate soil or water contaminated with organic compounds as part of actions taken by EPA under the authority of the comprehensive environmental response compensation and liability act of 1980 (42 USC 9601 to 9675), by the department under the authority of s. 292.11 or 292.31, Stats., or by a responsible party in compliance with the requirements of an administrative order, consent decree or contract issued pursuant to the comprehensive environmental response compensation and liability act of 1980 or s. 292.11 or 292.31, Stats.

NR 407.03(1)(sq) (sq) Renovation or demolition operations involving regulated asbestos-containing material.

NR 407.03(1)(t) (t) A combination of emission units which consists of not more than one each of the following specific categories of sources unless the combination of units is a major source:

NR 407.03(1)(t)1. 1. Fuel burning equipment otherwise exempt under par. (a) or (u).

NR 407.03(1)(t)2. 2. Equipment designed to incinerate solid wastes otherwise exempt under par. (b).

NR 407.03(1)(t)3. 3. Storage tanks of organic compounds with a combined total tankage capacity of not more than 40,000 gallons if not more than 10,000 gallons of the storage tanks’ capacity is used for storage of volatile organic compounds.