Chapter NR 440

NR 440.14(1) (1) Except as provided under subs. (5), (6) and (8) to (12), any physical or operational change to an existing facility which results in an increase in the emission rate to the atmosphere of any pollutant to which a standard applies shall be considered a modification within the meaning of this chapter. Upon modification, an existing facility becomes an affected facility for each pollutant to which a standard applies and for which there is an increase in the emission rate to the atmosphere.

NR 440.14(2) (2) Emission rate shall be expressed as kg/hr of any pollutant discharged into the atmosphere for which a standard is applicable. The department shall use the following to determine emission rate:

NR 440.14(2)(a) (a) Emission factors as specified in “Compilation of Air Pollutant Emission Factors,” AP-42, Volume 1: Stationary Point and Area Sources, EPA-OAQPS, as amended, incorporated by reference in s. NR 440.17 (2) (i) 2., or other emission factors determined by the department to be superior to AP-42 emission factors, in cases where utilization of emission factors demonstrates that the emission level resulting from the physical or operational change will either clearly increase or clearly not increase.

NR 440.14(2)(b) (b) Material balances, continuous monitor data, or manual emission tests in cases where utilization of emission factors as referenced in par. (a) does not demonstrate to the department’s satisfaction whether the emission level resulting from the physical or operational change will either clearly increase or clearly not increase, or where an owner or operator demonstrates to the department’s satisfaction that there are reasonable grounds to dispute the result obtained by the department utilizing emission factors as referenced in par. (a). When the emission rate is based on results from manual emission tests or continuous monitoring systems, the procedures specified in 40 CFR part 60, Appendix C, incorporated by reference in s. NR 440.17, shall be used to determine whether an increase in emission rate has occurred. Tests shall be conducted under such conditions as the department may specify to the owner or operator based on representative performance of the facility. At least 3 valid test runs shall be conducted before and at least 3 after the physical or operational change. All operating parameters which may affect emissions shall be held constant to the maximum feasible degree for all test runs.

NR 440.14(3) (3) The addition of an affected facility to a stationary source as an expansion to that source or as a replacement for an existing facility will not by itself bring within the applicability of this chapter any other facility within that source.

NR 440.14(5) (5) The following may not, by themselves, be considered modifications under this chapter:

NR 440.14(5)(a) (a) Maintenance, repair and replacement which the department determines to be routine for a source category, subject to the provisions of sub. (3) and s. NR 440.15.

NR 440.14(5)(b) (b) An increase in production rate of an existing facility, if that increase can be accomplished without a capital expenditure on that facility.

NR 440.14(5)(c) (c) An increase in the hours of operation.

NR 440.14(5)(d) (d) Use of an alternative fuel or raw material if, prior the date any standard under this chapter became applicable to that source type, the existing facility was designed to accommodate that alternative use. A facility shall be considered to be designed to accommodate an alternative fuel or raw material if that use could be accomplished under the facility’s construction specifications as amended prior to the change. Conversion to coal required for energy considerations, as specified in section 111 (a) (8) of the act (42 USC 7411 (a) (8)), will not be considered a modification under this chapter.

NR 440.14(5)(e) (e) The addition or use of any system or device whose primary function is the reduction of air pollutants, except when an emission control system is removed or is replaced by a system which the department determines to be less environmentally beneficial.

NR 440.14(5)(f) (f) The relocation or change in ownership of an existing facility.

NR 440.14(6) (6) Special provisions set forth under any other applicable section of this chapter shall supersede any conflicting provisions of this section.

NR 440.14(7) (7) Within 180 days of the completion of any physical or operational change subject to the control measures specified in sub. (1), compliance with all applicable standards shall be achieved.

NR 440.14(8) (8) No physical change or change in the method of operation at an existing electric utility steam generating unit may be treated as a modification for the purposes of this section provided that the change does not increase the maximum hourly emissions of any pollutant regulated under this section above the maximum hourly emissions achievable at that unit during the 5 years prior to the change.

NR 440.14(9) (9) Repowering projects that are awarded funding from the department of energy as permanent clean coal technology demonstration projects, or similar projects funded by the U.S. environmental protection agency, are exempt from the requirements of this section provided that the change does not increase the maximum hourly emissions of any pollutant regulated under this section above the maximum hourly emissions achievable at that unit during the 5 years prior to the change.

NR 440.14(10) (10) 

NR 440.14(10)(a) (a) Repowering projects that qualify for an extension under section 409 (b) of the act (42 USC 7651h (b)) are exempt from the requirements of this section provided that the change does not increase the actual hourly emissions of any pollutant regulated under this section above the actual hourly emissions achievable at that unit during the 5 years prior to the change.

NR 440.14(10)(b) (b) This exemption does not apply to any new unit that:

NR 440.14(10)(b)1. 1. Is designated as a replacement for an existing unit;

NR 440.14(10)(b)2. 2. Qualifies under section 409 (b) of the act (42 USC 7651h (b)) for an extension of an emission limitation compliance date under section 405 of the act (42 USC 7651d) and;

NR 440.14(10)(b)3. 3. Is located at a different site than the existing unit.

NR 440.14(11) (11) The installation, operation, cessation or removal of a temporary clean coal technology demonstration project is exempt from the requirements of this section. A temporary clean coal control technology demonstration project for the purposes of this section is a clean coal technology demonstration project that is operated for a period of 5 years or less and which complies with the state implementation plan for the state in which the project is located and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.

NR 440.14(12) (12) The reactivation of a very clean coal fired electric utility steam generating unit is exempt from the requirements of this section.

NR 440.14 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. (1), (2) (a), (5) (d), cr. (8) to (12), Register, December, 1995, No. 480, eff. 1-1-96; CR 06-109: cr. (2) (intro.), am. (2) (a) Register May 2008 No. 629, eff. 6-1-08.

NR 440.15 NR 440.15 Reconstruction.

NR 440.15(1) (1) An existing facility, upon reconstruction, becomes an affected facility, irrespective of any change in emission rate.

NR 440.15(2) (2) “Reconstruction” means the replacement of components of an existing facility to such an extent that:

NR 440.15(2)(a) (a) The fixed capital cost of the new components exceeds 50% of the fixed capital cost that would be required to construct a comparable entirely new facility, and

NR 440.15(2)(b) (b) It is technologically and economically feasible to meet the applicable standards set forth in this chapter.

NR 440.15(3) (3) “Fixed capital cost” means the capital needed to provide all the depreciable components.

NR 440.15(4) (4) If an owner or operator of an existing facility proposes to replace components, and the fixed capital cost of the new components exceeds 50% of the fixed capital cost that would be required to construct a comparable entirely new facility, the owner or operator shall notify the department of the proposed replacements. The notice shall be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and shall include the following information:

NR 440.15(4)(a) (a) Name and address of the owner or operator.

NR 440.15(4)(b) (b) The location of the existing facility.

NR 440.15(4)(c) (c) A brief description of the existing facility and the components which are to be replaced.

NR 440.15(4)(d) (d) A description of the existing air pollution control equipment and the proposed air pollution control equipment.

NR 440.15(4)(e) (e) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new facility.

NR 440.15(4)(f) (f) The estimated life of the existing facility after the replacements.

NR 440.15(4)(g) (g) A discussion of any economic or technical limitations the facility may have in complying with the applicable standards of performance after the proposed replacements.

NR 440.15(5) (5) The department shall determine, within 30 days of the receipt of the notice required by sub. (4) and any additional information it may reasonably require, whether the proposed replacement constitutes reconstruction.

NR 440.15(6) (6) The department’s determination under sub. (5) shall be based on:

NR 440.15(6)(a) (a) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new facility;

NR 440.15(6)(b) (b) The estimated life of the facility after the replacements compared to the life of a comparable entirely new facility;

NR 440.15(6)(c) (c) The extent to which the components being replaced cause or contribute to the emissions from the facility; and

NR 440.15(6)(d) (d) Any economic or technical limitations on compliance with applicable standards of performance which are inherent in the proposed replacements.

NR 440.15(7) (7) Individual sections of this chapter may include specific provisions which refine and delimit the concept of reconstruction set forth in this section.

NR 440.15 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84.

NR 440.17 NR 440.17 Incorporation by reference of code of federal regulations provisions and other materials.

NR 440.17(1) (1) Appendices. Appendices A, B, C, F and I of 40 CFR part 60, Appendix B of 40 CFR part 61 and Appendices A, B, D, E and F of 40 CFR part 75, as in effect on June 1, 2008, are incorporated by reference and made a part of this chapter. Copies of these Appendices are available for inspection in the offices of the department of natural resources and legislative reference bureau, Madison, Wisconsin, or may be purchased for personal use from the superintendent of documents, U.S. government printing office, Washington DC 20402.

NR 440.17(2) (2) Other materials. The materials listed in this subsection are incorporated by reference for the corresponding sections noted. Some of the materials are also incorporated for Appendices A, B, C and F of 40 CFR part 60 as in effect on June 1, 2008. Since these Appendices are incorporated by reference in this chapter by sub. (1), materials incorporated by reference in the Appendices are hereby also incorporated by reference and made a part of this chapter. The materials are available for inspection in the offices of the department of natural resources and legislative reference bureau, Madison, Wisconsin or may be purchased for personal use at the corresponding address noted.

NR 440.17(2)(a) (a) The materials listed in Table 1 are available for purchase from at least one of the following addresses: American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken PA 19428-2959, Phone: [phone], Fax: [phone], E-mail: [e-mail], Website: http://www.astm.org; or IHS Global Engineering Documents, 15 Inverness Way East, Englewood, CO 80112, Phone: [phone], E-mail: [e-mail], Website: http://global.ihs.com.

- See PDF for table

NR 440.17(2)(b) (b) The following material is available for purchase from the Association of Official Analytical Chemists, 1111 North 19th Street, Suite 210, Arlington VA 22209:

NR 440.17(2)(b)1. 1. AOAC Method 9, Official Methods of Analysis of the Association of Official Analytical Chemists, 11th edition, 1970, pp. 11-12, for ss. NR 440.37 (5) (b) 3. b., 440.38 (5) (b) 3. b., 440.39 (5) (b) 3. b., 440.40 (5) (b) 3. b., and 440.41 (5) (c) 3. b.

NR 440.17(2)(c) (c) The following material is available for purchase from the American Petroleum Institute, 1220 L Street NW, Washington DC 20005:

NR 440.17(2)(c)1. 1. API Publication 2517, Evaporation Loss from External Floating-Roof Tanks, Second Edition, February 1980, for ss. NR 440.27 (2) (k) and (4) (b), 440.28 (2) (j) and (6) (b), and 440.285 (2) (f) 1. and (7) (e) 2. a.

NR 440.17(2)(d) (d) The following material is available for purchase from the Technical Association of the Pulp and Paper Industry (TAPPI), Dunwoody Park, Atlanta GA 30341:

NR 440.17(2)(d)1. 1. TAPPI Method T624 os-68, for s. NR 440.45 (6) (d) 3.

NR 440.17(2)(e) (e) The following material is available for purchase from the American Public Health Association, PO Box 753, Waldorf MD 20604:

NR 440.17(2)(e)1. 1. Method 2540 B., Total Solids Dried at 103-105°C, in Standard Methods for the Examination of Water and Wastewater, 20th edition, 1998, for s. NR 440.69 (4) (b).

NR 440.17(2)(e)2. 2. Method 2540 G., Total, Fixed, and Volatile Solids in Solid and Semisolid Samples, in Standard Methods for the Examination of Water and Wastewater, 20th edition, 1998, for s. NR 440.32 (5) (b) 5.

NR 440.17(2)(e)3. 3. Method 3112 B, Cold-Vapor Atomic Absorption Spectrometric Method, in Standard Methods for the Examination of Water and Wastewater, 20th edition, 1998, for 40 CFR part 60, Appendix A, Method 29, pars. 9.2.3, 10.3 and 11.1.3.

NR 440.17(2)(f) (f) The following material is available for purchase from the following address: Underwriter’s Laboratories, Inc. (UL), 333 Pfingsten Road, Northbrook IL 60062:

NR 440.17(2)(f)1. 1. UL 103, Sixth Edition revised as of September 3, 1986, Standard for Chimneys, Factory-built, Residential Type and Building Heating Appliance, for 40 CFR part 60, Appendix A, Method 28.

NR 440.17(2)(g) (g) The following material is available for purchase from the following address: West Coast Lumber Inspection Bureau, 6980 SW Barnes Road, Portland OR 97223:

NR 440.17(2)(g)1. 1. West Coast Lumber Standard Grading Rules No. 16, pages 5-21 and 90 and 91, September 3, 1970, revised 1984, for 40 CFR, part 60, Appendix A, Method 28.

NR 440.17(2)(h) (h) The following material is available for purchase from the following address: The American Society of Mechanical Engineers (ASME), 22 Law Drive, Fairfield NJ 07004:

NR 440.17(2)(h)1. 1. ASME QRO-1-1994, Standard for the Qualification and Certification of Resource Recovery Facility Operators, for ss. NR 440.215 (7) (d), 440.216 (8) (a) and (b) and 440.76 (6) (a) 1. and 3. b.

NR 440.17(2)(h)2. 2. ASME PTC 4.1, Power Test Codes: Test Code for Steam Generating Units, 1964, for ss. NR 440.205 (7) (g), 440.215 (9) (h) 6. b., 440.216 (12) (i) 6. b. and 440.76 (11) (b) 1. c.

NR 440.17(2)(h)3. 3. ASME Interim Supplement 19.5 on Instruments and Apparatus; Application, Part II of Fluid Meters, 6th Edition, 1971, for ss. NR 440.215 (9) (h) 6. b., 440.216 (12) (i) 6. b. and 440.76 (11) (b) 1. d.

NR 440.17(2)(i) (i) The following material is available from the National Technical Information Service, 5285 Port Royal Road, Springfield VA 22161:

NR 440.17(2)(i)1. 1. The Standard Industrial Classification Manual, 1987, NTIS order no. PB 87-100012, for ss. NR 440.205 (2) (c), (zb) and (zdm), 440.46 (2) (c), (d), (i) and (L) and 440.72 (2) (a) 1.

NR 440.17(2)(i)2. 2. EPA AP-42, Compilation of Air Pollutant Emission Factors, Volume 1: Stationary Point and Area Sources, Fifth Edition, January 1995, as amended by Supplement A (February 1996), Supplement B (November 1996), Supplement C (November 1997), Supplement D (July 1998), Supplement E (November 1999), Supplement F (October 2000) and Update 2001 (December 2001), for ss. NR 440.14 (2) (a) and 440.75 (5) (a) 3., (b) 3., (c) and (d) and (6) (a) 1.

NR 440.17(2)(i)3. 3. The North American Industry Classification System United States, 2002, NTIS order no. PB2002-101430, for s. NR 440.205 (2) (zdm).

NR 440.17(2)(i)4. 4. EPA document “Fabric Filter Bag Leak Detection Guidance” (EPA-454/R-98-015), for s. NR 440.445 (4) (e) 4. (intro.). Copies of this document may also be downloaded from the internet for personal use from http://www.epa.gov/ttn/emc/cem/tribo.pdf.

NR 440.17(2)(j) (j) The following material is available for purchase from the Industrial Press Inc., 200 Madison Ave, New York NY 10016: Gas Engineers Handbook, 1st edition, 2nd printing, 1966, page 6/25, Fuel Gas Engineering Practice, for s. NR 440.684 (9).

NR 440.17(2)(k) (k) Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication SW-846 Third Edition (November 1986), as amended by Updates I (July, 1992), II (September 1994), IIA (August, 1993) and IIB (January, 1995) and III (December, 1996), for 40 CFR part 60, Appendix A, Method 29, pars. 7.5.34, 9.2.1, 9.2.3, 10.2, 10.3, 11.1.1, 11.1.3, 13.2.1, 13.2.2, 13.3.1, and Table 29-3. The Third Edition of SW-846 and Updates I, II, IIA, IIB and III (document number 955-001-00000-1) are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, [phone]. Copies may be obtained from the Library of the U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460.

NR 440.17(2)(L) (L) The following material is available for purchase from the American Hospital Association (AHA) Service, Inc., PO Box 92683, Chicago, IL 60675-2683. You may inspect a copy at EPA’s Air and Radiation Docket and Information Center (Docket A-91-61, Item IV-J-124), Room M-1500, 401 M Street SW, Washington, DC.

NR 440.17(2)(L)1. 1. An Ounce of Prevention: Waste Reduction Strategies for Health Care Facilities, American Society for Health Care Environmental Services of the American Hospital Association, Chicago, IL, 1993, AHA Catalog No. 057007, ISBN 0-87258-673-5, for s. NR 440.218 (6).

NR 440.17(2)(m) (m) The following material is available for purchase from either the Gas Processors Association, 6526 East 60th Street, Tulsa OK, 74145; or Information Handling Services, 15 Inverness Way East, PO Box 1154, Englewood CO 80150-1154: Gas Processors Association Method 2377-86, Test for Hydrogen Sulfide and Carbon Dioxide in Natural Gas Using Length of Stain Tubes, for s. NR 440.50 (5) (h) 1.

NR 440.17 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. (1), (2) (intro.), (a) 1., 3., 7. to 10., 13., 20., 22. and 24. to 28., (2) (b) 1. and (c) (intro.), cr. (2) (a) 34. to 55., (2) (e) and (h) renum. (2) (e) to be (2) (g), Register, September, 1990, No. 417, eff. 10-1-90; am. (1) (a) (intro.) to 5. and (b), (2) (a) 1., 6. to 11., 20. and 34. to 45., (b) 1., (c) 1., (d) 1., (e) (intro.) and 1., r. (2) (a) 46. and (g), renum. (2) (a) 47. to 55., (f) and (h) to be (2) (a) 46., to 54., (i) and (j) and am. (2) (a) 46. and 49., (i) and (j), cr. (2) (a) 56. to 61., (e) 2., (f), (g) and (h), Register, June, 1993, No. 450, eff. 8-1-93; r. (1) (a), renum. (1) (b) to be (1) and am., (2) (h) 1. to be (2) (h) 2. and am., am. (2) (a) 6., 20., 38., (b) (intro.), (d), (e) 1., (h) (intro.), cr. (2) (h) 1., 3., Register, December, 1995, No. 480, eff. 1-1-96; am. (2) (f) 1. and (g) 1., Register, April, 1997, No. 496, eff. 5-1-97; CR 06-109: am. (1), (2) (intro.), (e), (h) 1. to 3. and (i) 1. and 2., r. and recr. (2) (a), cr. (2) (e) 3., (i) 3. and 4. and (k) to (m) Register May 2008 No. 629, eff. 6-1-08; corrections in (1) and (2) made under s. 13.92 (4) (b) 6., Stats., Register May 2008 No. 629.

NR 440.18 NR 440.18 General control device requirements.

NR 440.18(1) (1) Introduction. This section contains requirements for control devices used to comply with applicable sections of this chapter and chs. NR 445 to 484. The requirements are placed in this section for administrative convenience and only apply to facilities covered by sections or chapters referring to this section.

NR 440.18(2) (2) Flares. Subsections (3) through (6) apply to flares.

NR 440.18(3) (3) 

NR 440.18(3)(a) (a) Flares shall be designed for and operated with no visible emissions as determined by the methods specified in sub. (6), except for periods not to exceed a total of 5 minutes during any 2 consecutive hours.

NR 440.18(3)(b) (b) Flares shall be operated with a flame present at all times, as determined by the methods specified in sub. (6).

NR 440.18(3)(c) (c) Flares shall be used only with the net heating value of the gas being combusted being 11.2 MJ/scm (300 Btu/scf) or greater if the flare is steam-assisted or air-assisted; or with the net heating value of the gas being combusted being 7.45 MJ/scm (200 Btu/scf) or greater if the flare is nonassisted. The net heating value of the gas being combusted shall be determined by the methods specified in sub. (6).

NR 440.18(3)(d) (d)