NR 440.642(8)(b)1.1. Each accredited laboratory shall maintain records consisting of all documentation pertaining to each certification test, including the full test report and raw data sheets, technician notes, calculations, and the test results for all test runs.
NR 440.642(8)(b)2.
2. Each accredited laboratory shall report to the administrator by the 8th day of each month prior to July 1, 1990:
NR 440.642(8)(b)2.a.
a. The number and identification of wood heaters scheduled for testing and the type of testing (e.g., U.S. environmental protection agency certification, Oregon certification, research and development testing),
NR 440.642(8)(b)2.b.
b. The estimated date on which certification testing could commence for a wood heater, if such a test were requested on the first day of that month,
NR 440.642(8)(b)3.
3. Each accredited laboratory shall report to the administrator within 24 hours whenever a manufacturer which has notified the laboratory that it intends to apply for alternative certification for a model line fails to submit on schedule a representative unit of that model line for certification testing.
NR 440.642(8)(c)
(c) Any wood heater upon which certification tests were performed based upon which certification was granted under
sub. (4) (e) shall be retained (sealed and unaltered) at the manufacturer's facility for as long as the model line in question is manufactured. Any such wood heater shall be made available upon request to the administrator for inspection and testing.
NR 440.642(8)(e)
(e) Any manufacturer seeking exemption shall maintain wood heater production records covering the period July 1, 1987 to July 1, 1989.
NR 440.642(8)(f)
(f) Each manufacturer of an affected facility certified under
sub. (4) shall submit a report to the administrator every 2 years following issuance of a certificate of compliance for each model line. This report shall certify that no changes in the design or manufacture of this model line have been made that require recertification under
sub. (4) (k).
NR 440.642(8)(g)
(g) Each manufacturer shall maintain records of the model and number of wood heaters exempted under
sub. (1) (f).
NR 440.642(8)(h)
(h) Each commercial owner of a wood heater previously owned by a noncommercial owner for personal use shall maintain records of the name and address of the previous owner.
NR 440.642(8)(i)1.1. Unless otherwise specified, all records required under this section shall be maintained by the manufacturer or commercial owner of the affected facility for a period of no less than 5 years.
NR 440.642(8)(i)2.
2. Unless otherwise specified, all reports to the administrator required under this section shall be made to: Stationary Source Compliance Division (EN-341), U.S. Environmental Protection Agency, 401 M Street SW, Washington DC 20460, Attention: Wood Heater Program.
NR 440.642(8)(i)3.
3. A report to the administrator required under this section shall be deemed to have been made when it is properly addressed and mailed, or placed in the possession of a commercial courier service.
NR 440.642(9)(b)
(b) No manufacturer may advertise for sale, offer for sale, or sell an affected facility that:
NR 440.642(9)(c)
(c) On or after July 1, 1990, no commercial owner may advertise for sale, offer for sale, or sell an affected facility that does not have affixed to it a permanent label pursuant to
sub. (7) (b),
(e),
(f) 1. or
3., or
(g) 1. or
2. No person may advertise for sale, offer for sale, or sell an affected facility labeled under
sub. (7) (f) 1. except for export.
NR 440.642(9)(d)1.1. No commercial owner may advertise for sale, offer for sale or sell an affected facility permanently labeled under
sub. (7) (b) unless:
NR 440.642(9)(d)1.c.
c. Any purchaser or transferee is provided with a copy of the catalytic combustor warranty (for affected facilities with catalytic combustors).
NR 440.642(9)(d)2.
2. No commercial owner may advertise for sale, offer for sale, or sell an affected facility permanently labeled under
sub. (7) (e),
(f) 3., or
(g), unless the affected facility has affixed to it a removable label pursuant to
sub. (7). This prohibition does not apply to wood heaters affected by this section that have been previously owned and operated by a noncommercial owner.
NR 440.642(9)(d)3.
3. A commercial owner other than a manufacturer complies with the requirements of this paragraph if the commercial owner:
NR 440.642(9)(d)3.a.
a. Receives the required documentation from the manufacturer or a previous commercial owner, and
NR 440.642(9)(d)3.b.
b. Provides that documentation unaltered to any person to whom the wood heater that it covers is sold or transferred.
NR 440.642(9)(e)1.1. In any case in which the administrator revokes a certificate of compliance either for the knowing submission of false or inaccurate information or other fraudulent acts, or based on a finding under
sub. (4) (L) 1. b. that the certification test was not valid, the administrator may give notice of that revocation and the grounds for it to all commercial owners.
NR 440.642(9)(e)2.
2. From and after the date of receipt of the notice given under
subd. 1., no commercial owner may sell any wood heater covered by the revoked certificate (other than to the manufacturer) unless one of the following has been met:
NR 440.642(9)(f)
(f) No person may install or operate an affected facility except in a manner consistent with the instructions on its permanent label and in the owner's manual pursuant to
sub. (7) (L).
NR 440.642(9)(g)
(g) No person may operate an affected facility which was originally equipped with a catalytic combustor if the catalytic element is deactivated or removed.
NR 440.642(9)(h)
(h) No person may operate an affected facility that has been physically altered to exceed the tolerance limits of its certificate of compliance.
NR 440.642(9)(i)
(i) No person may alter, deface, or remove any permanent label required to be affixed pursuant to
sub. (7).
NR 440.642(10)(a)1.1. Any manufacturer or laboratory affected by an action listed in this subdivision may request a hearing under this subsection within 30 days following receipt of the required notification of the action when the administrator:
NR 440.642(10)(a)2.
2. When the administrator issues a notice of revocation under
sub. (4) (p), the manufacturer may request a hearing under this subsection within the time limits in
sub. (4) (p) 5.
NR 440.642(10)(b)
(b) Any hearing request shall be in writing, shall be signed by an authorized representative of the petitioning manufacturer or laboratory, and shall include a statement setting forth with particularity the petitioner's objection to the administrator's determination or proposed determination.
NR 440.642(10)(c)1.1. Upon receipt of a request for a hearing under
par. (a), the administrator shall request the chief administrative law judge to designate an administrative law judge as presiding officer for the hearing. If the chief administrative law judge replies that no administrative law judge is available to perform this function, the administrator shall designate a presiding officer who has not had any prior responsibility for the matter under review, and who is not subject to the direct control or supervision of someone who has had such responsibility.
NR 440.642(10)(c)2.
2. The hearing shall commence as soon as practicable at a time and place fixed by the presiding officer.
NR 440.642(10)(c)3.a.a. A motion for leave to intervene in any proceeding conducted under this section shall set forth the grounds for the proposed intervention, the position and interest of the movant and the likely impact that intervention will have on the expeditious progress of the proceeding. Any person already a party to the proceeding may file an answer to a motion to intervene, making specific reference to the factors in the foregoing sentence and
subd. 3. c. within 10 days after service of the motion for leave to intervene.
NR 440.642(10)(c)3.b.
b. A motion for leave to intervene in a proceeding shall ordinarily be filed before the first prehearing conference or in the absence of a prehearing conference, prior to the setting of a time and place for a hearing. Any motion filed after that time shall include, in addition to the information in
subd. 3. a., a statement of good cause for the failure to file in a timely manner. The intervenor shall be bound by any agreements, arrangements and other matters previously made in the proceeding.
NR 440.642(10)(c)3.c.
c. A motion for leave to intervene may be granted only if the movant demonstrates that his or her presence in the proceeding would not unduly prolong or otherwise prejudice the adjudication of the rights of the original parties, and that movant may be adversely affected by a final order. The intervenor shall become a full party to the proceeding upon the granting of leave to intervene.
NR 440.642(10)(c)3.d.
d. Persons not parties to the proceeding may move for leave to file amicus curiae briefs. The movant shall state his or her interest and the reasons why the proposed amicus brief is desirable. If the motion is granted, the presiding officer or administrator shall issue an order setting the time for filing such brief. An amicus curia may participate in any briefing after his or her motion is granted, and shall be served with all briefs, reply briefs, motions and orders relating to issues to be briefed.
NR 440.642(10)(c)4.
4. In computing any period of time prescribed or allowed in this section, the day of the event from which the designated period begins to run may not be included. Saturdays, Sundays, and federal legal holidays shall be included. When a stated time expires on a Saturday, Sunday or legal holiday, the stated time period shall be extended to include the next business day.
NR 440.642(10)(d)1.1. Upon appointment, the presiding officer shall establish a hearing file. The file shall consist of the notice issued by the administrator under
sub. (4) (e),
(L) or
(p), or
(6) (a) or
(e), together with any accompanying material, the request for a hearing and the supporting data submitted therewith, and all documents relating to the request for certification or accreditation, or the proposed revocation of either.
NR 440.642(10)(d)2.
2. The hearing file shall be available for inspection by any party, to the extent authorized by law, at the office of the presiding officer or other place designated.
NR 440.642(10)(e)
(e) Any party may appear in person, or may be represented by counsel or by any other duly authorized representative.
NR 440.642(10)(f)1.1. The presiding officer, upon the request of any party, or at his or her discretion, may order a prehearing conference at a time and place specified to consider the following:
NR 440.642(10)(f)1.e.
e. Such other matters as may aid in the disposition of the hearing, including such additional tests as may be agreed upon by the parties.
NR 440.642(10)(f)2.
2. The results of the conference shall be reduced to writing by the presiding officer and made part of the record.
NR 440.642(10)(g)1.1. Hearings shall be conducted by the presiding officer in an informal but orderly and expeditious manner. The parties may offer oral or written evidence, subject to the exclusion by the presiding officer of irrelevant, immaterial and repetitious evidence.
NR 440.642(10)(g)2.
2. Witnesses will not be required to testify under oath. However, the presiding officer shall call to the attention of witnesses that their statements may be subject to penalties under
18 USC 1001 for knowingly making false statements or representations or using false documents in any matter within the jurisdiction of any department or agency of the United States.
NR 440.642(10)(g)3.
3. Any witness may be examined or cross-examined by the presiding officer, the parties, or their representatives.
NR 440.642(10)(g)4.
4. Hearings shall be recorded verbatim. Copies of transcripts of proceedings may be purchased by the applicant from the reporter.
NR 440.642(10)(g)5.
5. All written statements, charts, tabulations, and similar data offered in evidence at the hearings shall, upon a showing satisfactory to the presiding officer of their authenticity, relevancy, and materiality, be received in evidence and shall constitute a part of the record.
NR 440.642(10)(h)1.1. The presiding officer shall make an initial decision which shall include a written findings and conclusions and the reasons or basis therefor on all the material issues of fact, law, or discretion presented on the record. The findings, conclusions, and written decision shall be provided to the parties and made a part of the record. The initial decision shall become the decision of the administrator without further proceedings unless there is an appeal to the administrator or motion for review by the administrator. Except as provided in
subd. 3., any such appeal shall be taken within 20 days of the date the initial decision was filed.
NR 440.642(10)(h)2.
2. On appeal from or review of the initial decision the administrator shall have all the powers which he or she would have in making the initial decision including the discretion to require or allow briefs, oral argument, the taking of additional evidence or the remanding to the presiding officer for additional proceedings. The decision by the administrator shall include written findings and conclusions and the reasons or basis therefor on all the material issues of fact, law, or discretion presented on the appeal or considered in the review.
NR 440.642(10)(h)3.
3. In any hearing requested under
par. (a) 2., the presiding officer shall render his initial decision within 60 days of that request. Any appeal to the administrator shall be taken within 10 days of the initial decision, and the administrator shall render his decision in that appeal within 30 days of the filing of the appeal.
NR 440.642(11)
(11) General provisions exclusions. The following provisions of
ch. NR 440 do not apply to this section:
NR 440.642 History
History: Cr.
Register, September, 1990, No. 417, eff. 10-1-90; am. (3) (b) 1. a., (4) (h) 3. c. and (7) (i) 4. b.,
Register, July, 1993, No. 451, eff. 8-1-9
3; am. (4) (o) 3. a., (5) (c),
Register, December, 1995, No. 480, eff. 1-1-96
; corrections in (1) (c) and (4) (L) made under s. 13.93 (2m) (b) 1.,
Register, November, 1999, No. 527;
CR 06-109: r. (1) (c) and (d), (3) (a), (4) (h) and (j) 1. a. and b. and (p) 4. b. 2), (6) (c), am. (2) (m) 2., 3. and 4., (3) (b) 1. (intro.), b. and 2., (4) (e) 1. (intro.) and b., (k) 1. and 2. (intro.) and (L) 1. b., (6) (b) 9., (7) (a) 3. b. and d., (f) 3. and (j) 2. e., r. and recr. (3) (b) 1. a., (7) (i) 4. b. and (9) (e), renum. (4) (j) 1. (intro.) to be 1. and am., renum. (4) (p) 4. b. 1) to be (4) (p) 4. b. and am. Register May 2008 No. 629, eff. 6-1-08; corrections in (4) (b) 2., (o) 3. a. and 6., (6) (e) 1. a., (f), (7) (c) to (e), (i), (8) (a), (e), (10) (a) 1. a. and (d) 1. made under s. 13.92 (4) (b) 7., Stats., Register May 2008 No. 629; corrections in (9) (a), (c) and (d) 1. made under s. 13.92 (4) (b) 7., Stats.
NR 440.644
NR 440.644 Rubber tire manufacturing industry. NR 440.644(1)(1)
Applicability and designation of affected facilities. NR 440.644(1)(a)(a) The provisions of this section, except as provided in
par. (b), apply to each of the following affected facilities in rubber tire manufacturing plants that commence construction, modification, or reconstruction after January 20, 1983: each undertread cementing operation, each sidewall cementing operation, each tread end cementing operation, each bead cementing operation, each green tire spraying operation, each Michelin-A, each Michelin-B operation and each Michelin-C automatic operation.
NR 440.644(1)(b)
(b) The owner or operator of each undertread cementing operation and each sidewall cementing operation in rubber tire manufacturing plants that commenced construction, modification or reconstruction after January 20, 1983, and on or before September 15, 1987, may comply with the alternate provisions in
sub. (3) (b). This election shall be irreversible. The alternate provisions in
sub. (3) (b) do not apply to any undertread cementing operation or sidewall cementing operation that is modified or reconstructed after September 15, 1987. The affected facilities in this paragraph are subject to all applicable provisions of this section.
