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: 610.832.9585, Fax: 610.832.9555, E-mail:
service@astm.org, Website:
http://www.astm.org; or IHS Global Engineering Documents, 15 Inverness Way East, Englewood, CO 80112, Phone: 800.854.7179, E-mail:
globalcustomerservice@ihs.com, 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)(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)(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)(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)(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)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)(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, (202) 512-1800. 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(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)1.1. Steam-assisted and nonassisted flares shall be designed for and operated with an exit velocity, as determined by the methods specified in
sub. (6) (d), less than 18.3 m/sec (60 ft/sec), except as provided in
subds. 2. and
3.
NR 440.18(3)(d)2.
2. Steam-assisted and nonassisted flares designed for and operated with an exit velocity, as determined by the methods specified in
sub. (6) (d), equal to or greater than 18.3 m/sec (60 ft/sec) but less than 122 m/sec (400 ft/sec) are allowed if the net heating value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/scf).
NR 440.18(3)(d)3.
3. Steam-assisted and nonassisted flares designed for and operated with an exit velocity, as determined by the methods specified in
sub. (6) (d), less than the velocity, V
max, as determined by the method specified in
sub. (6) (e), and less than 122 m/sec (400 ft/sec) are allowed.
NR 440.18(3)(e)
(e) Air-assisted flares shall be designed and operated with an exit velocity less than the velocity, V
max, as determined by the method specified in
sub. (6) (f).
NR 440.18(3)(f)
(f) Flares used to comply with this section shall be steam-assisted, air-assisted, or nonassisted.
NR 440.18(4)
(4) Owners or operators of flares used to comply with the provisions of this section shall monitor these control devices to ensure that they are operated and maintained in conformance with their designs. Applicable sections below provide provisions stating how owners or operators of flares shall monitor these control devices.
NR 440.18(5)
(5) Flares used to comply with provisions of this section shall be operated at all times when emissions may be vented to them.
NR 440.18(6)(a)(a) Method 22 of Appendix A,
40 CFR part 60, incorporated by reference in
s. NR 440.17 (1), shall be used to determine the compliance of flares with the visible emission provisions of this section. The observation period is 2 hours and shall be used according to Method 22.
NR 440.18(6)(b)
(b) The presence of a flare pilot flame shall be monitored using a thermocouple or any other equivalent device to detect the presence of a flame.
where:
HT is the net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas is based on combustion at 25°C and 700 mm Hg, but the standard temperature for determining the volume corresponding to one mole is 20°C;
where the standard temperature for (g-mole)/scm is 20°C;
C
i is the concentration of sample component i in ppm on a wet basis, as measured for organics by Method 18 in
40 CFR part 60, Appendix A, incorporated by reference in
s. NR 440.17 (1), and measured for hydrogen and carbon monoxide by ASTM D1946-90, incorporated by reference in
s. NR 440.17 (2) (a) 24.
H
i is the net heat of combustion of sample component i, kcal/(g-mole) at 25
°C and 760 mm Hg. The heats of combustion may be determined using ASTM D2382-88 or D4809-95, incorporated by reference in
s. NR 440.17 (2) (a) 30. and 61., if published values are not available or cannot be calculated.
NR 440.18(6)(d)
(d) The actual exit velocity of a flare shall be determined by dividing the volumetric flow rate (in units of standard temperature and pressure), as determined as appropriate by Reference Method 2, 2A, 2C, or 2D of Appendix A,
40 CFR part 60, incorporated by reference in
s. NR 440.17, by the unobstructed (free) cross sectional area of the flare tip.
NR 440.18(6)(e)
(e) The maximum permitted velocity, V
max, for flares complying with
sub. (3) (d) 3. shall be determined by the following equation:
Log10 (Vmax) = (HT + 28.8)/31.7
where:
Vmax is the maximum permitted velocity, m/sec
28.8 = constant
31.7 = constant
HT is the net heating value as determined in par. (c)
NR 440.18(6)(f)
(f) The maximum permitted velocity, V
max , for air-assisted flares shall be determined by the following equation:
Vmax = 8.706 + 0.7084 (HT)
where:
Vmax is the maximum permitted velocity, m/sec
8.706 = constant
0.7084 = constant
HT is the net heating value as determined in par. (c)
NR 440.18 History
History: Cr.
Register, September, 1990, No. 417, eff. 10-1-90; am. (6) (a), (c), (e) and (f),
Register, July, 1993, No. 451, eff. 8-1-93; am. (6) (c),
Register, December, 1995, No. 480, eff. 1-1-96;
CR 06-109: am. (6) (a) and (c) Register May 2008 No. 629, eff. 6-1-08. NR 440.185
NR 440.185 General notification and reporting requirements. NR 440.185(1)(1) For the purposes of this chapter, time periods specified in days shall be measured in calendar days, even if the word `calendar' is absent, unless otherwise specified in an applicable requirement.
NR 440.185(2)
(2) For the purposes of this chapter, if an explicit postmark deadline is not specified in an applicable requirement for the submittal of a notification, application, report or other written communication, the owner or operator shall postmark the submittal on or before the number of days specified in the applicable requirement. For example, if a notification is required to be submitted 15 days before a particular event is scheduled to take place, the notification shall be postmarked on or before 15 days preceding the event; likewise, if a notification is required to be submitted 15 days after a particular event takes place, the notification shall be delivered or postmarked on or before 15 days following the end of the event. The use of reliable non-government mail carriers that provide indications of verifiable delivery of information required to be submitted, similar to the postmark provided by the U.S. Postal Service, or alternative means of delivery, including the use of electronic media, agreed to by the department, is acceptable.
NR 440.185(3)
(3) Notwithstanding time periods or postmark deadlines specified in this chapter for the submittal of information by an owner or operator, or the review of submitted information by the department, time periods or deadlines may be changed by mutual agreement between the owner or operator and the department according to procedures in
sub. (6).
NR 440.185(4)
(4) If an owner or operator of an affected facility is required to submit periodic reports under this chapter, and is also subject to periodic reporting requirements having the same reporting frequency under another chapter, the owner or operator may change the dates by which periodic reports under this chapter are submitted, without changing the frequency of reporting, to coincide with the other reporting schedule by mutual agreement between the owner or operator and the department according to procedures in
sub. (6). This provision applies beginning one year after the affected facility is required to be in compliance with this chapter.
NR 440.185(5)
(5) If an owner or operator supervises one or more stationary sources affected by standards under this chapter and standards under either
40 CFR part 61 or
63, the owner or operator may arrange by mutual agreement between the owner or operator and the department, according to procedures in
sub. (6), a common schedule on which periodic reports required by each applicable standard shall be submitted throughout the year. This provision applies beginning one year after the stationary source is required to be in compliance with this chapter, or one year after the stationary source is required to be in compliance with the applicable standard in
40 CFR part 61 or
63, whichever is latest.
