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.
NR 406.04(1)(k)
(k) Equipment whose primary purpose is to transport or sort paper.
NR 406.04(1)(L)
(L) 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 406.04(1)(m)
(m) 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, and the procedure is not subject to an emission limitation or emission standard under section 111 or 112 of the Act (
42 USC 7411 or
7412):
NR 406.04(1)(m)1.
1. Landspreading of contaminated soil, including the agricultural landspreading of soil contaminated with pesticide or fertilizer.
NR 406.04(1)(m)2.
2. Negative pressure venting of contaminated soil or bioremediation, provided the remediation is completed within 3 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 406.04(1)(m)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 406.04 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 406.04(1)(m)5.
5. Installation and use of devices which remove organic compounds from a private or municipal potable water supply.
NR 406.04(1)(m)6.
6. Installation and use of crop irrigation systems or dewatering wells to remediate contaminated water.
NR 406.04(1)(m)7.
7. Installation and use of air strippers for treatment of contaminated water, provided the remediation is completed within 3 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 406.04(1)(m)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 3 months.
NR 406.04(1)(m)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.
289.67 or ch.
292, 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.
289.67 or ch.
292, Stats.
NR 406.04(1)(n)
(n) Renovation or demolition operations involving regulated asbestos-containing material provided that the provisions of subd.
1. or
2. are met:
NR 406.04(1)(n)1.
1. The amount of regulated asbestos-containing material is less than 260 linear feet on pipes or 160 square feet on other facility components.
NR 406.04(1)(n)2.
2. If the amount of regulated asbestos-containing material is at least 260 linear feet on pipes or at least 160 square feet on other facility components, all of the following conditions are met:
NR 406.04(1)(o)
(o) Batch cold cleaning equipment which does not use halogenated HAP solvent and has a total air to solvent interface of 1.0 square meters or less during operation.
NR 406.04(1)(om)
(om) Batch cold cleaning equipment which uses halogenated HAP solvent and meets both of the following requirements:
NR 406.04(1)(om)1.
1. The equipment has a total air to solvent interface of 1.0 square meters or less during operation.
NR 406.04(1)(p)
(p) Batch open top vapor degreasing equipment which does not use halogenated HAP solvent and has a total air to vapor interface of 1.0 square meters or less during operation.
NR 406.04(1)(pm)
(pm) Batch open top vapor degreasing equipment which uses halogenated HAP solvent and meets both of the following requirements:
NR 406.04(1)(pm)1.
1. The equipment has a total air to solvent interface of 1.0 square meters or less during operation.
NR 406.04(1)(pr)
(pr) Conveyorized non-vapor degreasing and conveyorized vapor degreasing equipment which uses halogenated HAP solvent and is not a major source or located at a major source, as defined in s.
NR 460.02 (24).
NR 406.04(1)(t)
(t) 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 406.04(1)(u)
(u) Gasoline dispensing facilities which dispense gasoline or other petroleum products.
NR 406.04(1)(v)
(v) Bulk gasoline plants which distribute gasoline or other petroleum products.
NR 406.04(1)(w)
(w) Restricted use reciprocating internal combustion engines which are fueled by gaseous fuels, gasoline, or a clean fuel and which have a combined total electrical output of less than 3,000 kilowatts, or the equivalent in brake horsepower. An owner or operator claiming exemption under this paragraph shall maintain records of all of the following:
NR 406.04(1)(w)1.
1. The electrical output or equivalent in brake horsepower of each engine.
NR 406.04(1)(x)
(x) Any quarry, mine or other facility where nonmetallic minerals are extracted that is not a ledge rock quarry or industrial sand mine.
NR 406.04(1)(y)
(y) Ledge rock quarries with actual production of less than 25,000 tons per month on a rolling 12 month average, or with actual operation of less than 365 days per 5 year period.
NR 406.04(1)(z)
(z) Industrial sand mines with actual production of less than 2,000 tons per month on a rolling 12 month average.
NR 406.04(1)(za)
(za) Fixed sand and gravel plants and fixed crushed stone plants with capacities of 25 tons per hour or less.
NR 406.04(1)(zb)
(zb) Portable sand and gravel plants and portable crushed stone plants with capacities of 150 tons per hour or less.
NR 406.04(1)(zc)
(zc) The addition or replacement of the following equipment at a nonmetallic mineral processing facility which has an operation permit or which has filed a complete application for an operation permit pursuant to ch.
NR 407:
NR 406.04(1)(zc)10.
10. Any other nonmetallic mineral processing equipment subject to s.
NR 440.688 other than an initial crusher or initial grinding mill.
NR 406.04(1)(zg)
(zg) Equipment that temporarily increases steam generation capability at a source provided that all of the following conditions are met:
NR 406.04(1)(zg)1.
1. The equipment will be installed and operated only when at least one of the permanent steam generating units at the source is out of service for maintenance, repair, or an emergency, except that the temporary equipment and the permanent steam generating equipment being taken out of service for maintenance, repair, or an emergency may operate simultaneously for up to 24 hours during startup or shutdown of the permanent steam generating equipment.
NR 406.04(1)(zg)2.
2. The equipment will not be operated for more than 3,200 hours and will be shut down and removed within 9 calendar months after installation.
NR 406.04(1)(zg)5.
5. All applicable monitoring requirements will be met during the equipment's period of use.
NR 406.04(1)(zg)6.
6. Use of the equipment will not cause or exacerbate an exceedance of any ambient air quality standard or ambient air increment in s.
NR 404.04 or
404.05.
NR 406.04(1)(zg)7.
7. A complete application for exemption is submitted to the department for approval. The application shall contain all of the following:
NR 406.04(1)(zg)8.
8. The department approves the application for exemption submitted under subd.
7. The department shall approve or deny the exemption in writing within 10 business days after receipt of a complete application.
NR 406.04(1)(zh)1.1. Any construction, modification, replacement, relocation or reconstruction of an emissions unit at a stationary source which is exempt from the requirement to obtain an operation permit under s.
NR 407.03 (1m), provided the stationary source still qualifies for the exemption under s.
NR 407.03 (1m) after completion of the proposed construction, modification, replacement, relocation or reconstruction.
NR 406.04(1)(zh)2.
2. Construction of a new facility if the facility will be exempt from the requirement to obtain an operation permit under s.
NR 407.03 (1m) after completion of the proposed construction.
NR 406.04(1f)
(1f) Modifications to sources under plant-wide applicability limitations. Notwithstanding the provisions of subs.
(1) and
(2), no construction permit is required for modification of a source that is regulated by a plant-wide applicability limitation under s.
NR 405.18 or
408.11 provided all of following criteria are met:
NR 406.04(1f)(a)
(a) The modification will not cause or exacerbate an exceedance of an ambient air quality increment or standard.
NR 406.04(1f)(d)
(d) Emissions from the source, as modified, will be able to comply with the plant-wide applicability limit.
NR 406.04(1f)(e)
(e) Any increase in emissions, due to the modification, of air contaminants not regulated by a plant-wide applicability limitation, does not exceed the maximum theoretical emission levels specified in sub.
(2) (b),
(c),
(cm),
(d) and
(f).
NR 406.04(1f)(f)
(f) For new or modified sources for which no construction permit is required, an operation permit application shall be submitted as required under s.
NR 407.04 (1) (b) 3. prior to commencing construction or modification.
NR 406.04(1k)
(1k) Projects evaluated for significant net emissions increase. Notwithstanding the provisions of s.
NR 406.04 (1) and
(2), no construction permit is required for a modification to an existing emissions unit, as defined in s.
NR 405.02 (12) or
408.02 (13), at an existing major stationary source, as defined in s.
NR 405.02 (22), or an existing major source, as defined in s.
NR 408.02 (21), which does not result in a significant emissions increase, as defined in s.
NR 405.02 (27m) or
408.02 (32m), provided all of the following criteria are met:
