NR 406.02 History
History: Cr. (intro.), renum. from NR 154.01,
Register, September, 1986, No. 369, eff. 10-1-86; r. (1), r. and recr. (2), renum. (3) to (7) and (9) to be NR 400.02 (17m), (43m), NR 406.02 (1), NR 400.02 (46s), NR 406.02 (6) and (10), cr. (3) to (5), (7), (9) and (11), (12) renum. from NR 400.02 (98) and am.,
Register, April, 1988, No. 388, eff. 5-1-88; correction in (6) made under s. 13.93 (2m) (6) 7., Stats.,
Register, April, 1988, No. 388; (1) renum. from NR 400.02 (16), renum. (1) to be (1m), am. (3),
Register, August, 1991, No. 428, eff. 9-1-91; emerg. cr. (2m) and (13), eff. 11-15-92; am. (intro.),
Register, May, 1993, No. 449, eff. 6-1-93; cr. (10m),
Register, December, 1993, No. 456, eff. 1-1-94; r. (1) to (5), (7) to (10), (11) and (12),
Register, June, 1995, No. 474, eff. 7-1-95; renum. (6) and (10m) to be (1) and (2),
Register, December, 1996, No. 492, eff. 1-1-97; renum. (1) and (2) to be (3) and (4), cr. (1) and (2),
Register, December, 1997, No. 504, eff. 1-1-98;
CR 04-107: renum. (1) to (4) to be (3) to (6), cr. (1) and (2)
Register August 2005 No. 596, eff. 9-1-05;
CR 06-047: renum. (1) to be (1m), cr. (1)
Register May 2007 No. 617, eff. 6-1-07;
CR 09-020: am. (1), cr. (7)
Register January 2010 No. 649, eff. 2-1-10;
CR 19-015: am. (6) Register September 2020 No. 777, eff. 10-1-20. NR 406.03
NR 406.03
Permit requirements and exemptions for construction permits. NR 406.03(1)(1)
Permit requirement. Except as provided in sub.
(2), no person may commence construction, reconstruction, replacement, relocation or modification of a stationary source unless the person has a construction permit for the source or unless the source is exempt from the requirement to obtain a permit under s.
285.60 (5), Stats., or under this chapter.
NR 406.03(1e)
(1e) Exclusions. Notwithstanding the definitions of “commence construction" and “commence modification" in s.
NR 400.02 (44) and
(45) respectively, for projects reviewed under this chapter, all of the following activities may be excluded when determining if construction, reconstruction, replacement, relocation, or modification has commenced:
NR 406.03 Note
Note: Undertaking any of the activities listed under s.
NR 406.03 (1e) does not relieve the applicant from the obligation to comply with any other applicable regulations or requirements. If the applicant proceeds with any of the activities prior to receiving a construction permit, the applicant does so at their own risk and the department is not obligated to issue the air permit.
NR 406.03(1m)(a)
(a) Applications for construction permits shall be made on forms supplied by the department for these purposes and supplemented with other materials as indicated on the forms. The forms may be supplied by the department in an electronic format, such as on a computer disk, or on line.
NR 406.03 Note
Note: Application forms may be obtained from Department Regional Headquarters or Service Center offices, or from the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921, Attention: Construction permits. The internet web address is:
http://dnr.wi.gov/topic/AirPermits/Forms.html.
NR 406.03(1m)(b)
(b) Application materials, including construction permit waiver requests, may be submitted on paper or in an electronic format. The applicant shall submit all forms and other required materials, as indicated on the forms. When electing to submit materials on paper, the applicant shall submit the materials to the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921, Attention: Construction permits.
NR 406.03(2)
(2) Waiver of construction permit requirements. NR 406.03(2)(a)(a) A person who is required to obtain a construction permit under s.
285.60, Stats., may request a waiver from the department in order to commence construction, reconstruction, replacement, relocation or modification of an air pollution source prior to the department issuing a construction permit to the source under this chapter. A waiver request shall be made in writing and shall
include an explanation of the circumstances that justify the request and when those circumstances arose or may be anticipated to arise. The waiver request shall be signed by a responsible official for the facility.
NR 406.03(2)(b)
(b) The department may grant a waiver provided that all of the following conditions are satisfied:
NR 406.03(2)(b)1.
1. The person has submitted a complete construction permit application for the source to the department.
NR 406.03(2)(b)2.
2. The person has submitted a complete waiver request to the department which demonstrates that undue hardship will be caused if a waiver is not granted. Undue hardship may result from any of the following:
NR 406.03(2)(c)
(c) The department shall act on the waiver request within 15 days of receipt of a complete request and respond to the applicant either approving or denying that request.
NR 406.03(2)(d)
(d) The source may commence construction, reconstruction, replacement, relocation or modification when a waiver is granted.
NR 406.03 Note
Note: A waiver does not relieve the applicant from the obligation to comply with any other applicable regulations or requirements. If the applicant proceeds with construction after a waiver is granted, they do so at the applicant's own risk. Granting the waiver does not obligate the department to approve the air permit application for the source.
NR 406.03(2)(e)
(e) The source referenced in par.
(b) 1. may not be initially operated until a construction permit is issued.
NR 406.03(2)(f)
(f) The department may not grant a waiver for a source that requires a permit under ch.
NR 405 or
408 or requires a permit to establish enforceable limitations on potential to emit to avoid permit requirements of ch.
NR 405 or
408.
NR 406.03(2)(g)
(g) The department may not grant a waiver for a source located or to be located within 10 kilometers of a Class I area under this subsection.
NR 406.03(2)(h)
(h) The department may rescind a waiver granted under this subsection if the owner or operator does not diligently respond to department inquiries on the construction permit application or if the department preliminarily determines that the source will not meet the criteria for permit approval under s.
285.63 (1), Stats.
NR 406.03 Note
Note: The address of the Madison headquarters is: Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707, Attention: Permit Application Forms
NR 406.03 History
History: Renum. from NR 154.04 (1),
Register, September, 1986, No. 369, eff. 10-1-86; emerg. am. eff. 11-15-92; am.
Register, May, 1993, No. 449, eff. 6-1-93;
CR 06-079: renum. to be (1) and am., cr. (2)
Register May 2007 No. 617, eff. 6-1-07;
CR 09-020: am. (1), cr. (1m)
Register January 2010 No. 649, eff. 2-1-10;
CR 15-005: cr. (1e)
Register November 2015 No. 719, eff. 12-1-15; correction in (1e) (intro.) made under s.
35.17, Stats.,
Register November 2015 No. 719;
CR 19-015: am. (1e) (intro.), r. (1e) (a), (b), am. (1e) (c), r. (1e) (j), am. (1m) (a), (b), (2) (b) 2. c., (g) Register September 2020 No. 777, eff. 10-1-20. NR 406.035
NR 406.035
Establishment or distribution of plant-wide applicability limitations. Notwithstanding the provisions of s.
NR 406.04 (1) and
(2), a construction permit is required for each of the following:
NR 406.035 Note
Note: Reopening of a plant-wide applicability limitation to accommodate an increase of the plant-wide applicability limitation is accomplished using the procedures in s.
NR 405.18 (8) (b) 1. c. and
(11) (a) 3. or
408.11 (8) (b) 1. c. and
(11) (a) 3. Reopening of a plant-wide applicability limitation to accommodate a decrease of the plant-wide applicability limitation is accomplished using the procedures in s.
NR 406.11 (1m).
NR 406.035 History
History: CR 06-019: cr.
Register June 2007 No. 618, eff. 7-1-07.
NR 406.04
NR 406.04
Direct sources exempt from construction permit requirements. This section does not provide an exemption from construction permit requirements for a source that is required to obtain a permit under ch.
NR 405 or
408 or s.
NR 446.03 (2) (a). For any direct source not required to obtain a permit under ch.
NR 405 or
408 or s.
NR 446.03 (2) (a), no construction permit is required prior to commencing construction, reconstruction, replacement, relocation or modification if the following conditions are met:
NR 406.04(1)
(1) Specific categories of exempt sources. The following categories of direct sources are exempt from the requirement to obtain a construction permit unless construction, reconstruction, replacement, relocation or modification of the source is prohibited by any permit, plan approval or special order applicable to the source:
NR 406.04(1)(a)
(a) One or more external combustion furnaces at a source which will not burn any hazardous waste identified under ch.
NR 661, or which have been issued a license or licenses under ch.
NR 670, and if no individual furnace is designed to burn the following fuels at more than the maximum rates indicated:
NR 406.04(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 406.04(1)(a)2.
2. Wood alone or wood in combination with gaseous or liquid fossil fuels at a heat input rate of not more than 5.0 million Btu per hour.
NR 406.04(1)(a)3.
3. Residual or crude oil at a heat input rate of not more than 5.0 million Btu per hour.
NR 406.04(1)(a)4.
4. Distillate oil at a heat input rate of not more than 10 million Btu per hour.
NR 406.04(1)(a)4m.
4m. Distillate oil meeting the on-road sulfur content for diesel fuel specified in
40 CFR 80.510 (b) at a heat input rate of not more than 25 million Btu per hour.
NR 406.04(1)(a)5.
5. Gaseous fossil fuel at a heat input rate of not more than 25 million Btu per hour.
NR 406.04(1)(b)
(b) Equipment which is 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 406.04(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 requirements:
NR 406.04(1)(bm)1.
1. The equipment is a dual-chamber incinerator that complies with all of the following:
NR 406.04(1)(bm)1.a.
a. The equipment is designed to incinerate not more than 500 pounds of material per hour.
NR 406.04(1)(bm)1.b.
b. The equipment has a secondary chamber that operates at all times during drug incineration with a minimum temperature of 1,400 degrees Fahrenheit, and a minimum gas retention time of 0.5 seconds.
NR 406.04(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 of the equipment.
NR 406.04(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 406.04(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 406.04(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 406.04(1)(bm)3.c.
c. Fuel for the equipment 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 406.04(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 406.04(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 406.04(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 406.04(1)(ce)
(ce) Grain storage facilities; including facilities with rack dryers designed to dry grain at a rate of not more than 1,500 bushels per hour at 5% moisture extraction, or rack dryers equipped with at least 50 mesh screens, or column dryers; with an average tonnage of grain received of less than 5500 tons per month and which are not subject to s.
NR 440.47. 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 406.04(1)(cm)
(cm) Grain processing facilities; including facilities with rack dryers designed to dry grain at a rate of not more than 1,500 bushels per hour at 5% moisture extraction, or rack dryers equipped with at least 50 mesh screens, or column dryers; with an average tonnage of grain received of less than 4500 tons per month and which are not subject to s.
NR 440.47. 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 406.04(1)(d)
(d) Portland concrete batch plants which produce or will produce less than 20,000 cubic yards of concrete per month averaged over any 12 consecutive month period.
NR 406.04(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 406.04(1)(f)
(f) VOC storage tanks with a combined total tankage capacity of not more than 10,000 gallons of volatile organic compounds.
NR 406.04(1)(g)
(g) Painting or coating operations, including associated cleaning operations, which emit or will emit not more than 1666 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 406.04(1)(gm)
(gm) Automobile refinishing operations, including associated cleaning operations, which emit or will emit not more than 1666 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 406.04(1)(h)
(h) Graphic arts operations, including associated cleaning operations, which emit or will emit not more than 1666 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 406.04(1)(i)
(i) A temporary change in the method of operation or temporary equipment used or to be used for the purpose of testing or research provided that all of the following requirements are met:
NR 406.04(1)(i)1.
1. A complete application for exemption is made describing the proposed testing or research and including an operating schedule and the types and quantities of emissions anticipated.
NR 406.04(1)(i)2.
2. The department determines that the anticipated emissions from the testing or research will not present a significant hazard to public health, safety or welfare or to the environment and approves the application for exemption.
NR 406.04(1)(i)3.
3. The temporary change in the method of operation or temporary equipment will be in operation for less than 12 months. Upon completion of the testing, the temporary change in the method of operation or operation of temporary equipment shall cease. Operation beyond the testing period is prohibited unless approved by a different construction permit exemption or by a construction permit.
NR 406.04(1)(i)4.
4. The department approves the application for exemption submitted under subd.
1. in accordance with the following procedure:
NR 406.04(1)(i)4.a.
a. The department shall approve or deny the application in writing within 45 days of receiving a complete application.
NR 406.04(1)(i)4.b.
b. The department may provide public notice of an application for research and testing exemption, may provide an opportunity for public comment and an opportunity to request a public hearing and may hold a public hearing on any application under this paragraph.
NR 406.04(1)(i)4.c.
c. The department shall make all nonconfidential information available to the public upon request.
NR 406.04(1)(j)
(j) 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 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. 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.
