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Register November 2010 No. 659
Chapter NR 433
NR 433.01   Applicability; purpose.
NR 433.02   Definitions.
NR 433.03   Identification of sources subject to BART.
NR 433.04   BART analyses.
NR 433.05   Determination of BART requirements.
NR 433.06   Emissions trading program for boilers.
NR 433.01 NR 433.01Applicability; purpose.
NR 433.01(1) (1)Applicability. The provisions of this chapter apply to facilities having one or more BART-eligible sources.
NR 433.01(2) (2)Purpose. This chapter is adopted under s. 285.11, Stats., to establish the procedures for controlling emissions of air pollutants from BART-eligible sources which may reasonably be anticipated to cause or contribute to any visibility impairment in any mandatory class I federal area.
NR 433.01 History History: CR 07-017: cr. Register June 2008 No. 630, eff. 7-1-08.
NR 433.02 NR 433.02Definitions. 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 433.02(1) (1) “BART-eligible source" means any of the stationary sources of air pollutants listed in this subsection, including any reconstructed source, which was not in operation prior to August 7, 1962, and was in existence on August 7, 1977, and which has the potential to emit 250 tons per year or more of any visibility impairing air pollutant. In determining potential to emit, fugitive emissions, to the extent quantifiable, shall be counted. The stationary sources are as follows:
NR 433.02(1)(a) (a) Fossil fuel-fired steam electric plants of more than 250 million Btu per hour heat input, except for cogeneration units that supply 1/3 or less of their potential electric output capacity and 219,000 megawatt-hours or less actual electric output on an annual basis to any utility power distribution system for sale.
NR 433.02(1)(b) (b) Coal cleaning plants (thermal dryers).
NR 433.02(1)(c) (c) Kraft pulp mills.
NR 433.02(1)(d) (d) Portland cement plants.
NR 433.02(1)(e) (e) Primary zinc smelters.
NR 433.02(1)(f) (f) Iron and steel mill plants.
NR 433.02(1)(g) (g) Primary aluminum ore reduction plants.
NR 433.02(1)(h) (h) Primary copper smelters.
NR 433.02(1)(i) (i) Municipal incinerators capable of charging more than 250 tons of refuse per day.
NR 433.02(1)(j) (j) Hydrofluoric, sulfuric, and nitric acid plants.
NR 433.02(1)(k) (k) Petroleum refineries.
NR 433.02(1)(L) (L) Lime plants.
NR 433.02(1)(m) (m) Phosphate rock processing plants.
NR 433.02(1)(n) (n) Coke oven batteries.
NR 433.02(1)(o) (o) Sulfur recovery plants.
NR 433.02(1)(p) (p) Carbon black plants (furnace process).
NR 433.02(1)(q) (q) Primary lead smelters.
NR 433.02(1)(r) (r) Fuel conversion plants.
NR 433.02(1)(s) (s) Sintering plants.
NR 433.02(1)(t) (t) Secondary metal production facilities.
NR 433.02(1)(u) (u) Chemical process plants.
NR 433.02(1)(v) (v) Fossil fuel boilers of more than 250 million Btu per hour heat input.
NR 433.02(1)(w) (w) Petroleum storage and transfer facilities with a capacity exceeding 300,000 barrels.
NR 433.02(1)(x) (x) Taconite ore processing facilities.
NR 433.02(1)(y) (y) Glass fiber processing plants.
NR 433.02(1)(z) (z) Charcoal production facilities.
NR 433.02(2) (2) “Best available retrofit technology" or “BART" means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each visibility impairing pollutant which is emitted by a stationary source. The emission limitation shall be established on a case-by-case basis, taking into consideration the technology available, the costs of compliance, the energy and non-air quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life of the source and the degree of improvement in visibility which may reasonably be anticipated to result from the use of the technology.
NR 433.02(3) (3) “Deciview" means a metric for visibility impairment. A deciview is a haze index derived from calculated light extinction that is designed so that uniform changes in haziness correspond to uniform incremental changes in perception across the entire range of conditions, from pristine to highly impaired. The haze index in units of deciviews is calculated as follows:
Haze index deciview =10 lne (beXt/10 Mm-1)
beXt is the atmospheric light extinction coefficient, expressed in inverse megameters (Mm-1)
NR 433.02(4) (4) “In existence" means that the owner or operator obtained all necessary preconstruction approvals or permits required by federal or state air pollution emissions and air quality laws or regulations and either began, or caused to begin, a continuous program of physical on-site construction of the facility, or entered into binding agreements or contractual obligations, which could not be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the facility to be completed in a reasonable time.
NR 433.02(5) (5) “In operation" means engaged in activity related to the primary design function of the source.
NR 433.02(6) (6) “Integral vista" means a view perceived from within a mandatory class I federal area of a specific landmark or panorama located outside the boundary of the mandatory class I federal area.
NR 433.02(7) (7) “Least impaired days" means the average visibility impairment, measured in deciviews, for the 20% of monitored days in a calendar year with the lowest amount of visibility impairment.
NR 433.02(8) (8) “Major stationary source" has the meaning given in s. NR 405.02 (22).
NR 433.02(9) (9) “Mandatory class I federal area" means any area identified in 40 CFR part 81, Subpart D.
NR 433.02(10) (10) “Potential to emit" means the maximum capacity of a stationary source to emit an air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit an air pollutant including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.
NR 433.02(11) (11) “Secondary emissions" means emissions which occur as a result of the construction or operation of an existing stationary facility but do not come from the existing stationary facility. Secondary emissions may include, but are not limited to, emissions from ships or trains coming to or from the existing stationary facility.
NR 433.02(12) (12) “Visibility impairing air pollutant" means SO2, NOX or particulate matter. Particulate matter smaller than 10 microns in diameter (PM10) may be used as the indicator for particulate matter.
NR 433.02(13) (13) “Visibility impairment" means any humanly perceptible change in visibility, perceived as light extinction, visual range, contrast or coloration, from that which would have existed under natural conditions. Natural conditions include naturally occurring phenomena that reduce visibility as measured in terms of light extinction, visual range, contrast, or coloration.
NR 433.02 History History: CR 07-017: cr. Register June 2008 No. 630, eff. 7-1-08.
NR 433.03 NR 433.03Identification of sources subject to BART.
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.