Chapter NR 406

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)4. 4. Landfilling of contaminated soil.

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)(n)2.a. a. Notice of intention is provided under s. NR 447.07.

NR 406.04(1)(n)2.b. b. The notice indicates that the project will meet all applicable requirements of ch. NR 447.

NR 406.04(1)(n)2.c. c. The fee required under s. NR 410.05 (2) and (3) is submitted with the notice.

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)(om)2. 2. The equipment is not a major source or located at a major source, as defined in s. NR 460.02 (24).

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)(pm)2. 2. The equipment is not a major source or located at a major source, as defined in s. NR 460.02 (24).

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)(q) (q) Private alcohol fuel production systems as defined in s. 289.44 (1) (c), Stats.

NR 406.04(1)(r) (r) Perchloroethylene dry cleaning area sources as defined in s. NR 468.20 (2) (am).

NR 406.04(1)(rm) (rm) Chromium electroplating area sources and chromium anodizing area sources as defined in s. NR 460.02 (5).

NR 406.04(1)(s) (s) Crematories.

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)(w)2. 2. The total hours each engine is operated during a year.

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)1. 1. Any crusher other than an initial crusher.

NR 406.04(1)(zc)2. 2. Any grinding mill other than an initial grinding mill.

NR 406.04(1)(zc)3. 3. Any screening operation.

NR 406.04(1)(zc)4. 4. Any bucket elevator.

NR 406.04(1)(zc)5. 5. Any belt conveyor.

NR 406.04(1)(zc)6. 6. Any bagging operation.

NR 406.04(1)(zc)7. 7. Any storage bin.

NR 406.04(1)(zc)8. 8. Any grizzly.

NR 406.04(1)(zc)9. 9. Any pan feeder.

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)3. 3. Only natural gas will be used as fuel in the equipment.

NR 406.04(1)(zg)4. 4. The equipment will meet all applicable emission limits.

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)7.a. a. A description of the equipment.

NR 406.04(1)(zg)7.b. b. The reason for the need to use the equipment.

NR 406.04(1)(zg)7.c. c. A description of how the conditions in subds. 1. to 6. will be met.

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) (zh)

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(1)(zi) (zi) Secondary aluminum production facilities as defined by s. NR 463.12 (36).

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)(b) (b) The modification does not trigger a requirement under section 111 or 112 of the Act (42 USC 7411 or 7412), excluding section 112(d)(5) or (r) (42 USC 7412(d)(5) or (r)).

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:

NR 406.04(1k)(a) (a) The modification will not cause or exacerbate an exceedance of an ambient air quality increment or standard.

NR 406.04(1k)(b) (b) The modification does not trigger a requirement under section 111 or 112 of the Act (42 USC 7411 or 7412), excluding section 112(d)(5) or (r) (42 USC 7412(d)(5) or (r)).

NR 406.04(1k)(c) (c) The modification does not require enforceable conditions to limit potential to emit.

NR 406.04 Note Note: For new or modified sources for which no construction permit is required, an operation permit application may be required to be submitted under s. NR 407.04 (1) (b) 3. prior to commencing construction or modification.

NR 406.04(1m) (1m) Asbestos abatement notice. Each asbestos abatement notice of intention is considered an application for permit exemption. The department may place conditions on any permit exemption granted under sub. (1) (n).

NR 406.04(1q) (1q) Sources exempt based on controlled actual emissions. No construction permit is required for any emissions unit constructed, modified, replaced, relocated or reconstructed at a stationary source where all of the following criteria and requirements are met:

NR 406.04(1q)(a) (a) The owner or operator of the stationary source has a facility-wide operation permit under ch. NR 407 or has submitted a timely and complete application for a facility-wide operation permit.

NR 406.04(1q)(b) (b) Actual emissions from all of the constructed, modified, replaced, relocated and reconstructed emissions units do not exceed any of the following levels:

NR 406.04(1q)(b)1. 1. 1,666 pounds in any month averaged over any consecutive 12-month period for each of the following air contaminants: particulate matter, nitrogen oxide, sulfur dioxide, PM10, carbon monoxide and volatile organic compounds.

NR 406.04(1q)(b)2. 2. 10 pounds in any month averaged over any consecutive 12-month period for lead.

NR 406.04(1q)(c) (c) None of the emissions units constructed, modified, replaced, relocated or reconstructed requires a new BACT or LAER determination under ch. NR 445 as a result of the new project.

NR 406.04(1q)(d) (d) None of the emissions units constructed, modified, replaced, relocated or reconstructed are subject to new permitting requirements under ch. NR 405 or 408 as a result of the new project.

NR 406.04(1q)(e) (e) The owner or operator of the stationary source submits to the department a complete application for an operation permit revision, or an updated application for an operation permit, which includes each new, modified, replaced, relocated or reconstructed emissions unit, prior to commencing construction, modification, replacement, relocation or reconstruction and does all of the following:

NR 406.04(1q)(e)1. 1. In the operation permit revision application, or updated operation permit application, proposes monitoring of any control equipment used to limit actual emissions from any emissions unit being constructed, modified, replaced, relocated or reconstructed in accordance with the monitoring requirements in s. NR 439.055.

NR 406.04(1q)(e)2. 2. Commences monitoring of any control equipment as proposed in subd. 1., and maintains any records necessary to demonstrate compliance with any applicable emission limitation, upon startup of any newly constructed, modified, replaced, relocated or reconstructed emissions unit.

NR 406.04(1q)(f) (f) Prior to commencing construction, the owner or operator of the source submits to the department a claim of exemption from construction permitting requirements. The exemption claim shall identify the emissions units that are being constructed, modified, replaced, relocated, or reconstructed. The department shall respond to the claim of exemption submittal within 20 business days after receipt of the claim.