Chapter NR 440

NR 440.32 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. (2) (intro.), Register, September, 1990, No. 417, eff. 10-1-90; am. (4) (a) 1., cr. (4) (b) to (e) and (6), r. and recr. (5), Register, July, 1993, No. 451, eff. 8-1-93; am. (5) (d) 2., r. (5) (d) 3. to 5., Register, December, 1995, No. 480, eff. 1-1-96; CR 06-109: am. (4) (b) 3., (5) (b) 4. and 5. (intro.) and c., r. and recr. (5) (b) 1. and 3. Register May 2008 No. 629, eff. 6-1-08.

NR 440.33 NR 440.33 Primary copper smelters.

NR 440.33(1) (1) Applicability and designation of affected facility.

NR 440.33(1)(a) (a) The provisions of this section are applicable to the following affected facilities in primary copper smelters: dryer, roaster, smelting furnace, and copper converter.

NR 440.33(1)(b) (b) Any facility under par. (a) that commences construction or modifications after October 16, 1974, is subject to the requirements of this section.

NR 440.33(2) (2) Definitions. As used in this section, terms not defined in this subsection have the meanings given in s. NR 440.02.

NR 440.33(2)(a) (a) “Calcine” means the solid materials produced by a roaster.

NR 440.33(2)(b) (b) “Copper converter” means any vessel to which copper matte is charged and oxidized to copper.

NR 440.33(2)(c) (c) “Dryer” means any facility in which a copper sulfide ore concentrate charge is heated in the presence of air to eliminate a portion of the moisture from the charge, provided less than 5% of the sulfur contained in the charge is eliminated in the facility.

NR 440.33(2)(d) (d) “Fossil fuel” means natural gas, petroleum, coal and any form of solid, liquid or gaseous fuel derived from such materials for the purpose of creating useful heat.

NR 440.33(2)(e) (e) “High level of volatile impurities” means a total smelter charge containing more than 0.2 weight percent arsenic, 0.1 weight percent antimony, 4.5 weight percent lead or 5.5 weight percent zinc, on a dry basis.

NR 440.33(2)(f) (f) “Primary copper smelter” means any installation or any intermediate process engaged in the production of copper from copper sulfide ore concentrates through the use of pyrometallurgical techniques.

NR 440.33(2)(g) (g) “Reverberatory smelting furnace” means any vessel in which the smelting of copper sulfide ore concentrates or calcines is performed and in which the heat necessary for smelting is provided primarily by combustion of fossil fuel.

NR 440.33(2)(h) (h) “Roaster” means any facility in which a copper sulfide ore concentrate charge is heated in the presence of air to eliminate a significant portion (5% or more) of the sulfur contained in the charge.

NR 440.33(2)(i) (i) “Smelting” means processing techniques for the melting of a copper sulfide ore concentrate or calcine charge leading to the formation of separate layers of molten slag, molten copper, or copper matte, or all 3.

NR 440.33(2)(j) (j) “Smelting furnace” means any vessel in which the smelting of copper sulfide ore concentrate or calcines is performed and in which the heat necessary for smelting is provided by an electric current, rapid oxidation of a portion of the sulfur contained in the concentrate as it passes through an oxidizing atmosphere, or the combustion of a fossil fuel.

NR 440.33(2)(k) (k) “Sulfuric acid plant” means any facility producing sulfuric acid by the contact process.

NR 440.33(2)(L) (L) “Total smelter charge” means the weight (dry basis) of all copper sulfide ore concentrates processed at a primary copper smelter, plus the weight of all other solid materials introduced into the roasters and smelting furnaces at a primary copper smelter, except calcine, over a one-month period.

NR 440.33(3) (3) Standard for particulate matter.

NR 440.33(3)(a) (a) On and after the date on which the performance test required to be conducted by s. NR 440.08 is completed, no owner or operator subject to the provisions of this section may cause to be discharged into the atmosphere from any dryer any gases which contain particulate matter in excess of 50 mg/dscm (0.022 gr/dscf).

NR 440.33(4) (4) Standard for sulfur dioxide.

NR 440.33(4)(a) (a) On and after the date on which the performance test required to be conducted by s. NR 440.08 is completed, no owner or operator subject to the provisions of this section may cause to be discharged into the atmosphere from any roaster, smelting furnace or copper converter any gases which contain sulfur dioxide in excess of 0.065% by volume, except as provided in pars. (b) and (c).

NR 440.33(4)(b) (b) Reverberatory smelting furnaces are exempt from par. (a) during periods when the total smelter charge at the primary copper smelter contains a high level of volatile impurities.

NR 440.33(4)(c) (c) A change in the fuel combusted in a reverberatory smelting furnace may not be considered a modification under this chapter.

NR 440.33(5) (5) Standard for visible emissions.

NR 440.33(5)(a) (a) On and after the date on which the performance test required to be conducted by s. NR 440.08 is completed, no owner or operator subject to the provisions of this section may cause to be discharged into the atmosphere from any dryer any visible emissions which exhibit greater than 20% opacity.

NR 440.33(5)(b) (b) On and after the date on which the performance test required to be conducted by s. NR 440.08 is completed, no owner or operator subject to the provisions of this section may cause to be discharged into the atmosphere from any affected facility that uses a sulfuric acid plant to comply with the standard set forth in sub. (4), any visible emissions which exhibit greater than 20% opacity.

NR 440.33(6) (6) Monitoring of operations.

NR 440.33(6)(a) (a) The owner or operator of any primary copper smelter subject to sub. (4) (b) shall keep a monthly record of the total smelter charge and the weight percent (dry basis) of arsenic, antimony, lead and zinc contained in this charge. The analytical methods and procedures employed to determine the weight of the total smelter charge and the weight percent of arsenic, antimony, lead and zinc shall be approved by the department and shall be accurate to within ± 10%.

NR 440.33(6)(b) (b) The owner or operator of any primary copper smelter subject to the provisions of this section shall install and operate:

NR 440.33(6)(b)1. 1. A continuous monitoring system to monitor and record the opacity of gases discharged into the atmosphere from any dryer. The span of this system shall be set at 80 to 100% opacity.

NR 440.33(6)(b)2. 2. A continuous monitoring system to monitor and record sulfur dioxide emissions discharged into the atmosphere from any roaster, smelting furnace or copper converter subject to sub. (4) (a). The span of this system shall be set at a sulfur dioxide concentration of 0.20% by volume.

NR 440.33(6)(b)2.a. a. The continuous monitoring system performance evaluation required under s. NR 440.13 (3) shall be completed prior to the initial performance test required under s. NR 440.08.

NR 440.33(6)(b)2.b. b. For the purpose of the continuous monitoring system performance evaluation required under s. NR 440.13 (3), the reference method referred to under the Relative Accuracy Test Procedure in Performance Specification 2 of 40 CFR part 60, Appendix B, incorporated by reference in s. NR 440.17, shall be Method 6 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17. For the performance evaluation, each concentration measurement shall be of one hour duration. The pollutant gas used to prepare the calibration gas mixtures required under Performance Specification 2 of Appendix B and for calibration checks under s. NR 440.13 (4) shall be sulfur dioxide.

NR 440.33(6)(c) (c) Six-hour average sulfur dioxide concentrations shall be calculated and recorded daily for the 4 consecutive 6-hour periods of each operating day. Each 6-hour average shall be determined as the arithmetic mean of the appropriate 6 contiguous one-hour average sulfur dioxide concentrations provided by the continuous monitoring system installed under par. (b).

NR 440.33(6)(d) (d) For the purpose of reports required under s. NR 440.07 (3), periods of excess emissions that shall be reported are defined as follows:

NR 440.33(6)(d)1. 1. Opacity. Any 6-minute period during which the average opacity, as measured by the continuous monitoring system installed under par. (b), exceeds the standard under sub. (5) (a).

NR 440.33(6)(d)2. 2. Sulfur dioxide. All 6-hour periods during which the average emissions of sulfur dioxide, as measured by the continuous monitoring system installed under par. (b), exceed the level of the standard. The department may not consider emissions in excess of the level of the standard for less than or equal to 1.5% of the 6-hour periods during the quarter as indicative of a potential violation of s. NR 440.11 (4), provided the affected facility, including air pollution control equipment, is maintained and operated in a manner consistent with good air pollution control practice for minimizing emissions during these periods. Emissions in excess of the level of the standard during periods of startup, shutdown and malfunction may not be included within the 1.5%.

NR 440.33(7) (7) Test methods and procedures.

NR 440.33(7)(a) (a) In conducting the performance tests required in s. NR 440.08, the owner or operator shall use as reference methods and procedures the test methods in Appendix A of 40 CFR part 60, incorporated by reference in s. NR 440.17, or other methods and procedures as specified in this subsection, except as provided in s. NR 440.08 (2).

NR 440.33(7)(b) (b) The owner or operator shall determine compliance with the particulate matter, sulfur dioxide (SO2) and visible emission standards in subs. (3) to (5) as follows:

NR 440.33(7)(b)1. 1. Method 5 shall be used to determine the particulate matter concentration. The sampling time and sample volume for each run shall be at least 60 minutes and 0.85 dscm (30 dscf).

NR 440.33(7)(b)2. 2. The continuous monitoring system of sub. (6) (b) 2. shall be used to determine the SO2 concentrations on a dry basis. The sampling time for each run shall be 6 hours, and the average SO2 concentration shall be computed for the 6-hour period as in sub. (6) (c). The monitoring system drift during the run may not exceed 2% of the span value.

NR 440.33(7)(b)3. 3. Method 9 and the procedures in s. NR 440.11 shall be used to determine opacity.

NR 440.33 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. (2) (intro.) and (6) (d) 2., Register, September, 1990, No. 417, eff. 10-1-90; am. (6) (b) 2. a. and b., r. and recr. (7), Register, July, 1993, No. 451, eff. 8-1-93; CR 06-109: am. (6) (d) 2. Register May 2008 No. 629, eff. 6-1-08.

NR 440.34 NR 440.34 Primary zinc smelters.

NR 440.34(1) (1) Applicability and designation of affected facility.

NR 440.34(1)(a) (a) The provisions of this section are applicable to the following affected facilities in primary zinc smelters: roaster and sintering machine.

NR 440.34(1)(b) (b) Any facility under par. (a) that commences construction or modification after October 16, 1974, is subject to the requirements of this section.

NR 440.34(2) (2) Definitions. As used in this section, terms not defined in this subsection have the meanings given in s. NR 440.02.

NR 440.34(2)(a) (a) “Primary zinc smelter” means any installation engaged in the production, or any intermediate process in the production, of zinc or zinc oxide from zinc sulfide ore concentrates through the use of pyrometallurgical techniques.

NR 440.34(2)(b) (b) “Roaster” means any facility in which a zinc sulfide ore concentrate charge is heated in the presence of air to eliminate a significant portion (more than 10%) of the sulfur contained in the charge.

NR 440.34(2)(c) (c) “Sintering machine” means any furnace in which calcines are heated in the presence of air to agglomerate the calcines into a hard porous mass called “sinter.”

NR 440.34(2)(d) (d) “Sulfuric acid plant” means any facility producing sulfuric acid by the contact process.

NR 440.34(3) (3) Standard for particulate matter.

NR 440.34(3)(a) (a) On and after the date on which the performance test required to be conducted by s. NR 440.08 is completed, no owner or operator subject to the provisions of this section may cause to be discharged into the atmosphere from any sintering machine any gases which contain particulate matter in excess of 50 mg/dscm (0.022 gr/dscf).

NR 440.34(4) (4) Standard for sulfur dioxide.

NR 440.34(4)(a) (a) On and after the date on which the performance test required to be conducted by s. NR 440.08 is completed, no owner or operator subject to the provisions of this section may cause to be discharged into the atmosphere from any roaster any gases which contain sulfur dioxide in excess of 0.065% by volume.

NR 440.34(4)(b) (b) Any sintering machine which eliminates more than 10% of the sulfur initially contained in the zinc sulfide ore concentrates will be considered as a roaster under par. (a).

NR 440.34(5) (5) Standard for visible emissions.

NR 440.34(5)(a) (a) On and after the date on which the performance test required to be conducted by s. NR 440.08 is completed, no owner or operator subject to the provisions of this section may cause to be discharged into the atmosphere from any sintering machine any visible emissions which exhibit greater than 20% opacity.

NR 440.34(5)(b) (b) On and after the date on which the performance test required to be conducted by s. NR 440.08 is completed, no owner or operator subject to the provisions of this section may cause to be discharged into the atmosphere from any affected facility that uses a sulfuric acid plant to comply with the standard set forth in sub. (4), any visible emissions which exhibit greater than 20% opacity.

NR 440.34(6) (6) Monitoring of operations.

NR 440.34(6)(a) (a) The owner or operator of any primary zinc smelter subject to the provisions of this section shall install and operate:

NR 440.34(6)(a)1. 1. A continuous monitoring system to monitor and record the opacity of gases discharged into the atmosphere from any sintering machine. The span of this system shall be set at 80 to 100% opacity.

NR 440.34(6)(a)2. 2. A continuous monitoring system to monitor and record sulfur dioxide emissions discharged into the atmosphere from any roaster subject to sub. (4). The span of this system shall be set at a sulfur dioxide concentration of 0.20% by volume.

NR 440.34(6)(a)2.a. a. The continuous monitoring system performance evaluation required under s. NR 440.13 (3) shall be completed prior to the initial performance test required under s. NR 440.08.

NR 440.34(6)(a)2.b. b. For the purpose of the continuous monitoring system performance evaluation required under s. NR 440.13 (3), the reference method referred to under the Relative Accuracy Test Procedure in Performance Specification 2 of 40 CFR part 60, Appendix B, incorporated by reference in s. NR 440.17, shall be Method 6 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17. For the performance evaluation, each concentration measurement shall be of one hour duration. The pollutant gas used to prepare the calibration gas mixtures required under Performance Specification 2 of Appendix B and for calibration checks under s. NR 440.13 (4) shall be sulfur dioxide.

NR 440.34(6)(b) (b) Two-hour average sulfur dioxide concentrations shall be calculated and recorded daily for the 12 consecutive 2-hour periods of each operating day. Each 2-hour average shall be determined as the arithmetic mean of the appropriate 2 contiguous one-hour average sulfur dioxide concentrations provided by the continuous monitoring system installed under par. (a).

NR 440.34(6)(c) (c) For the purpose of reports required under s. NR 440.07 (3), periods of excess emissions that shall be reported are defined as follows:

NR 440.34(6)(c)1. 1. Opacity. Any 6-minute period during which the average opacity, as measured by the continuous monitoring system installed under par. (a) exceeds the standard under sub. (5).

NR 440.34(6)(c)2. 2. Sulfur dioxide. Any 2-hour period, as described in par. (b), during which the average emission of sulfur dioxide, as measured by continuous monitoring system installed under par. (a) exceeds the standard under sub. (4).

NR 440.34(7) (7) Test methods and procedures.

NR 440.34(7)(a) (a) In conducting the performance tests required in s. NR 440.08, the owner or operator shall use as reference methods and procedures the test methods in Appendix A of 40 CFR part 60, incorporated by reference in s. NR 440.17, or other methods and procedures as specified in this subsection, except as provided in s. NR 440.08 (2).

NR 440.34(7)(b) (b) The owner or operator shall determine compliance with the particulate matter, sulfur dioxide (SO2) and visible emission standards in subs. (3) to (5) as follows:

NR 440.34(7)(b)1. 1. Method 5 shall be used to determine the particulate matter concentration. The sampling time and sample volume for each run shall be at least 60 minutes and 0.85 dscm (30 dscf).

NR 440.34(7)(b)2. 2. The continuous monitoring system of sub. (6) (a) 2. shall be used to determine the SO2 concentrations on a dry basis. The sampling time for each run shall be 2 hours, and the average SO2 concentration for the 2-hour period shall be computed as in sub. (6) (b). The monitoring system drift during the run may not exceed 2% of the span value.

NR 440.34(7)(b)3. 3. Method 9 and the procedures in s. NR 440.11 shall be used to determine opacity.

NR 440.34 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. (2) (intro.), Register, September, 1990, No. 417, eff. 10-1-90; am. (6) (a) 2. a. and b., r. and recr. (7), Register, July, 1993, No. 451, eff. 8-1-93; am. (6) (a) 2. b., Register, December, 1995, No. 480, eff. 1-1-96.

NR 440.35 NR 440.35 Primary lead smelters.

NR 440.35(1) (1) Applicability and designation of affected facility.

NR 440.35(1)(a) (a) The provisions of this section are applicable to the following affected facilities in primary lead smelters: sintering machine, sintering machine discharge end, blast furnace, dross reverberatory furnace, electric smelting furnace and converter.

NR 440.35(1)(b) (b) Any facility under par. (a) that commences construction or modification after October 16, 1974, is subject to the requirements of this section.

NR 440.35(2) (2) Definitions. As used in this section, terms not defined in this subsection have the meanings given in s. NR 440.02.

NR 440.35(2)(a) (a) “Blast furnace” means any reduction furnace to which sinter is charged and which forms separate layers of molten slag and lead bullion.

NR 440.35(2)(b) (b) “Converter” means any vessel which lead concentrate or bullion is charged and refined.

NR 440.35(2)(c) (c) “Dross reverberatory furnace” means any furnace used for the removal or refining of impurities from lead bullion.

NR 440.35(2)(d) (d) “Electric smelting furnace” means any furnace in which the heat necessary for smelting of the lead sulfide ore concentrate charge is generated by passing an electric current through a portion of the molten mass in the furnace.

NR 440.35(2)(e) (e) “Primary lead smelter” means any installation or any intermediate process engaged in the production of lead from lead sulfide ore concentrates through the use of pyrometallurgical techniques.