subch. II of ch. NR 445
Subchapter II — Emission Requirements, Review and Notifications for Stationary Sources of Hazardous Air Contaminants
NR 445.06(1)(1) An owner or operator of a facility shall be deemed to be in compliance with this subchapter and the requirements in
chs. NR 406,
407 and
438 listed in this subsection for any hazardous air contaminant listed in Table A, B or C of
s. NR 445.07 if the owner or operator identifies the contaminant through due diligence and determines that the emissions of the identified contaminant are below the applicable regulatory threshold in this chapter or otherwise exempt from regulation, or the facility is meeting the applicable provisions in this subchapter. The requirements from
chs. NR 406,
407 and
438 are the following:
NR 445.06(2)
(2) The owner or operator will not be deemed to be out of compliance with this subchapter or with the provisions identified in
sub. (1) (a) to
(e) for any hazardous air contaminant listed in Table A, B or C of
s. NR 445.07 for the period of time prior to either of the determinations in
par. (a) or
(b) being made if the determination is submitted in writing to the department within 21 calendar days, and no later than 90 calendar days after the determination, the owner or operator certifies that the facility is in compliance with all applicable requirements for the hazardous air contaminant. The department may, in writing, extend the 90 calendar days for achieving compliance. The determinations are as follows:
NR 445.06(2)(a)
(a) That a hazardous air contaminant that was not previously identified through due diligence is later determined to be emitted from the facility in an amount greater than the applicable emission threshold in any of the following:
NR 445.06(2)(b)
(b) That a hazardous air contaminant previously identified and quantified is determined to be emitted in a greater amount, and that amount is greater than the applicable emission threshold for any of the provisions identified in
par. (a) 1. to
5.
NR 445.06(3)
(3) Notwithstanding
sub. (2), the department retains the authority to order the owner or operator to achieve compliance with applicable requirements within a specific time period shorter than the 90 calendar days whenever compliance in the shorter period of time is feasible and necessary to protect public health and the environment.
NR 445.06 Note
Note: The address for submittal of information and requests for an extension from the deadline in sub. (2) is:
Wisconsin Department of Natural Resources
Bureau of Air Management
PO Box 7921
Madison WI 53707-7921
Attention: NR 445 Safe Harbor Determinations.
NR 445.06 History
History: CR 02-097: cr.
Register June 2004 No. 582, eff. 7-1-04;
CR 05-055: am. (2) (a) 5.
Register December 2005 No. 600, eff. 1-1-06.
NR 445.07
NR 445.07
Emission thresholds, standards, control requirements and exemptions. NR 445.07(1)
(1)
All sources of hazardous air contaminants. Except as provided in
sub. (5), the following requirements apply:
NR 445.07(1)(a)
(a) No owner or operator of a source may cause, allow or permit emissions of a hazardous air contaminant listed in Table A in such quantity or concentration or for such duration as to cause an ambient air concentration of the contaminant off the source property that exceeds the concentration in column (g) of Table A for the contaminant.
NR 445.07 Note
Note: Owners and operators of facilities emitting less than 3 tons of volatile organic compounds and 5 tons particulate matter on an annual basis, or who engage in limited or no manufacturing activities, should refer to s.
NR 445.11 prior to determining applicable requirements under this section.
NR 445.07(1)(b)
(b) The owner or operator of a source may request approval of an alternative to the emission limitation in
par. (a). The alternative emission limitation is 10% of the threshold limit value - time weighted average established by the American Conference of Governmental Industrial Hygienists, in the Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices for 2000, incorporated by reference in
s. NR 484.11 (2) (c), for any contaminant with a 24-hour averaging period in column (h) of Table A. The department may approve the alternative emission limitation if both of the following criteria are met:
NR 445.07(1)(b)1.
1. The hazardous air contaminant is emitted no more than 5 days in any consecutive 30-day period.
NR 445.07(1)(b)2.
2. The department determines, after consultation with the department of health services, that the alternative emission limitation will not pose a threat to public health or welfare.
NR 445.07(1)(c)
(c) The owner or operator of a source that emits a hazardous air contaminant for which a control requirement is identified in column (i) of Table A in a quantity greater than the amount listed in column (c), (d), (e) or (f) of Table A for the contaminant shall control emissions of the contaminant to the level identified in column (i) of the table. The control requirement shall be applied according to the procedure in
s. NR 445.08 (2) (f).
NR 445.07(2)
(2) Sources of hazardous air contaminants from the manufacture or treatment of pesticides, rodenticides, insecticides, herbicides or fungicides. Except as provided in
sub. (5) (c) and
(d), in addition to the requirements of
sub. (1), the owner or operator of a source that manufactures or treats pesticides, rodenticides, insecticides, herbicides or fungicides may not cause, allow or permit emissions of a hazardous air contaminant listed in Table B in a quantity or concentration or for a duration as to cause an ambient air concentration off the source property that exceeds the concentration in column (g) of Table B for the contaminant. For any hazardous air contaminant for which a control requirement is identified in column (i) of Table B that is emitted in an amount greater than the amount listed in column (c), (d), (e) or (f) of Table B for the contaminant, the owner or operator shall control emissions of the contaminant to the level identified in column (i) of the table. The control requirement shall be applied according to the procedure in
s. NR 445.08 (2) (f).
NR 445.07(3)
(3) Sources of hazardous air contaminants from the manufacture or treatment of pharmaceuticals. Except as provided in
sub. (5) (c) and
(d), in addition to meeting the requirements of
sub. (1), the owner or operator of a source that manufactures or treats pharmaceuticals and that emits a hazardous air contaminant for which a control requirement is identified in column (i) of Table C in an amount greater than the amount listed in column (c), (d), (e) or (f) of Table C for the contaminant shall control emissions of the contaminant to the level identified in column (i) of the table. The control requirement shall be applied according to the procedure in
s. NR 445.08 (2) (f).
NR 445.07(4)
(4) Municipal solid waste and infectious waste Incinerators. NR 445.07(4)(a)(a) Except as provided for in
par. (b), the owner or operator of a source that combusts municipal solid waste, as defined in
s. NR 500.03 (150), or infectious waste shall comply with
sub. (1), and shall control emissions of hazardous air contaminants having a control requirement identified in column (i) in Table A, B or C to a level that is the lowest achievable emission rate. The control requirement shall be applied according to the procedure in
s. NR 445.08 (2) (f).
NR 445.07(4)(b)
(b) A source that combusts no infectious waste and that combusts no municipal solid waste other than refuse derived fuel in a boiler is not subject to this subsection unless 50% or more of the boiler's heat input is obtained from the refuse derived fuel.
NR 445.07(5)
(5) Exempt emissions. Emissions from all of the following are exempt from the requirements of
sub. (1) and emissions identified in
pars. (c) and
(d) are also exempt from the requirements of
subs. (2) and
(3):
NR 445.07(5)(b)
(b) The combustion of group 2 virgin fossil fuels vented from a stack that has downwash minimization stack height or a height approved by the department.
NR 445.07(5)(d)1.1. Indoor fugitive sources that emit any hazardous air contaminant with a concentration having a 1-hour or 24-hour average time period in column (h) in Table A, B or C.
NR 445.07(5)(d)2.
2. Indoor fugitive sources that emit any hazardous air contaminant with a control requirement in column (i) or a concentration having an annual time period in column (h) in Table A, B or C that meet all of the following requirements:
NR 445.07(5)(d)2.a.
a. The contaminant is exhausted to the ambient air through general building ventilation.
NR 445.07(5)(d)2.b.
b. The contaminant has a threshold limit value established by the American Conference of Governmental Industrial Hygienists, in the Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices for 2000, incorporated by reference in
s. NR 484.11 (2) (c).
NR 445.07(5)(d)2.c.
c. The owner or operator of the source demonstrates to the department that the source is in compliance with applicable occupational safety and health administration requirements.
NR 445.07(5)(e)
(e) Gasoline dispensing for any hazardous air contaminant with a control requirement in column (i) of Table A provided that one of the following applies:
NR 445.07(5)(e)1.
1. The gasoline dispensing facility meets the requirements of
s. NR 420.04 (3) (b) to
(i) and dispenses less than 2 million gallons of gasoline in any 12 consecutive month period.
NR 445.07(5)(e)2.
2. The gasoline dispensing facility dispenses less than 1.25 million gallons of gasoline in any 12 consecutive month period.
NR 445.07(5)(f)
(f) Combustion of wood in combustion units that operate with good combustion technology and that were constructed or last modified prior to October 1, 1988 for any hazardous air contaminant with a control requirement in column (i) of Table A. Good combustion technology means technology that provides for a minimization of hazardous air contaminants with control requirements in column (i). Good combustion technology will be determined on a case-by-case basis by the department, taking into account the type of fuel to be burned, the economic and environmental impacts of the combustion, and other costs related to the source. Good combustion technology may include consideration of factors such as temperature, residence time, carbon monoxide emissions, excess oxygen, and turbulence.
NR 445.07 Note
Note: See department draft memo dated July 7, 1999, Wood Combustion and Compliance with Chapter
NR 445, for further information regarding the use of this exemption. The draft memo may obtained by contacting the Compliance and Enforcement Section of the Bureau of Air Management at 608-266-7718.
NR 445.07(6)(a)(a) The emission thresholds in columns (c) to (f) in Tables A, B and C for any hazardous air contaminant may only be used if emissions from the source are vented to the atmosphere in a manner that meets both of the following:
NR 445.07 Note
Note: Valves designed to open and close at the point of discharge are not considered to be obstructions if they are open at time of emission.
NR 445.07(6)(a)2.
2. The emissions are from a stack that is within 10 degrees of vertical.
NR 445.07(6)(b)
(b) For purposes of calculating non-exempt, potential to emit emissions for comparison with the threshold rates in column (c), (d), (e) or (f) in the tables the owner or operator of a source shall do all of the following:
NR 445.07(6)(b)1.
1. Combine non-exempt, potential to emit emissions for each contaminant for all stacks within each of the 4 stack categories.
NR 445.07(6)(b)2.
2. Compare each group of non-exempt, potential to emit emissions against the respective threshold found in column (c), (d), (e) or (f) in the table.
NR 445.07(6)(c)
(c) For any group of non-exempt, potential to emit emissions that exceeds the respective threshold in column (c), (d), (e) or (f), consider all non-exempt, potential emissions from the source in determining compliance with the applicable standard or control requirement.
-
See PDF for table 
-
See PDF for table NR 445.07 Note
Note:
The emission rates in columns (c) to (f) in Table A for any hazardous air contaminant may only be used if emissions are from an unobstructed vertical discharge point. Owners and operators of sources unable to use this table should refer to s. NR 445.08(2).
1 For purposes of calculating non-exempt, potential to emit emissions for comparison with the threshold value in column (c), (d), (e) or (f) in the table the owner or operator of a source would:
- combine non-exempt, potential to emit emissions for each contaminant for all stacks within each of the 4 stack categories,
- compare each group of non-exempt, potential to emit emissions against the respective threshold found in column (c), (d), (e) or (f) in the table
- if any group exceeds it's respective threshold in column (c), (d), (e) or (f), consider all non-exempt, potential to emit emissions from the source in determining compliance with the applicable standard or control requirement.
- See PDF for table NR 445.07 Note
Note: The emission rates in columns (c) to (f) in Table B for any hazardous air contaminant may only be used if emissions are from an unobstructed vertical discharge point. Owners and operators of sources unable to use this table should refer to s.
NR 445.08 (2).
NR 445.07 Note
1For purposes of calculating non-exempt, potential to emit emissions for comparison with the threshold value in column (c), (d), (e) or (f) in the table the owner or operator of a source would:
NR 445.07 Note
-combine non-exempt, potential to emit emissions for each contaminant for all stacks within each of the 4 stack categories,
NR 445.07 Note
-compare each group of non-exempt, potential to emit emissions against the respective threshold found in column (c), (d), (e) or (f) in the table,
NR 445.07 Note
-if any group exceeds it's respective threshold in column (c), (d), (e) or (f), consider all non-exempt, potential to emit emissions from the source in determining compliance with the applicable or control requirement.
-
See PDF for table NR 445.07 Note
Note: The emission rates in columns (c) to (f) in Table C for any hazardous air contaminant may only be used if emissions are from an unobstructed vertical discharge point. Owners and operators of sources unable to use this table should refer to s.
NR 445.08(2).
NR 445.07 Note
1For purposes of calculating non-exempt, potential to emit emissions for comparison with the threshold value in column (c), (d), (e) or (f) in the table the owner or operator of a source would:
NR 445.07 Note
-combine non-exempt, potential to emit emissions for each contaminant for all stacks within each of the 4 stack categories,
NR 445.07 Note
-compare each group of non-exempt, potential to emit emissions against the respective threshold found in column (c), (d), (e) or (f) in the table
NR 445.07 Note
-if any group exceeds its respective threshold in column (c), (d), (e) or (f), consider all non-exempt, potential to emit emissions from the source in determining compliance with the applicable standard or control requirement
NR 445.07 History
History: CR 02-097: cr.
Register June 2004 No. 582, eff. 7-1-04;
CR 07-076: am. Tables A, B and C
Register July 2008 No. 631, eff. 8-1-08; correction in (1) (b) 2. made under s.
13.92 (4) (b) 6., Stats.,
Register August 2008 No. 632.
NR 445.08(1)
(1)
Compliance determination. Determination of compliance shall be done while the source is operating under the conditions required by permit or order resulting in the greatest emissions of the hazardous air contaminant, or absent a permit or order, by using the maximum theoretical emissions from the source.
NR 445.08(2)
(2) Compliance methods. The owner or operator of a source shall achieve compliance with the emission limitations and control requirements in
s. NR 445.07 (1),
(2) or
(3) for each hazardous air contaminant by doing one or any combination of the following. A source unable to meet the requirements of
s. NR 445.07 (6) (a) and
(b) may not use
par. (a) by itself or in combination with other methods to achieve compliance under this subsection.
NR 445.08(2)(a)
(a) Limiting non-exempt, potential to emit emissions from the source of each hazardous air contaminant to less than the applicable threshold in column (c), (d), (e) or (f) of Table A, B or C of
s. NR 445.07.
NR 445.08(2)(b)
(b) Limiting the quantity, concentration or duration of non-exempt, potential to emit emissions from the source of each hazardous air contaminant that has a standard expressed as an ambient air concentration in Table A or B of
s. NR 445.07 so that the ambient air concentration off the source property is less than the concentration allowed under column (g) of the table.
NR 445.08(2)(c)
(c) Limiting the quantity, concentration or duration of non-exempt, potential to emit emissions of each hazardous air contaminant with a control requirement in column (i) of Table A, B or C of
s. NR 445.07 having a unit risk factor established by either the EPA or the California air resources board, so as not to cause an ambient air concentration off the source property that results in an inhalation impact greater than 1 x 10
-6. The inhalation impact is determined by the following equation:
inhalation impact = (inhalation impact concentration annual average) x (unit risk factor)
where:
inhalation impact concentration annual average is the annual average concentration of a contaminant in micrograms per cubic meter (mg/m3)
unit risk factor for the contaminant is the unit risk factor value established by either EPA or the California air resources board and is expressed in reciprocal micrograms per cubic meter (mg/m3)-1
NR 445.08(2)(d)
(d) Altering the release height or dispersion characteristics of each hazardous air contaminant in Table A, B or C of
s. NR 445.07 such that the alteration results in the source's ability to meet
par. (a),
(b) or
(c) or
sub. (3) (a) 1. or
(b) 1.
NR 445.08(2)(e)
(e) Limiting the concentration of each hazardous air contaminant that has a standard expressed as an ambient air concentration in Table A or B of
s. NR 445.07 in the stack to less than the concentration allowed under column (g) of the table for that contaminant.
NR 445.08(2)(f)
(f) Limiting emissions of the hazardous air contaminant through application of the control requirement identified in column (i) of Table A, B or C of
s. NR 445.07. The control requirement shall be first applied to the emissions unit at the facility that emits the greatest actual annual amount of the hazardous air contaminant. If application of the control requirement to this emissions unit does not reduce facility emissions of the hazardous air contaminant to a level less than the rate listed in column (c), (d), (e) or (f) of Table A, B or C of
s. NR 445.07 for the contaminant, the control requirement shall be applied to other emissions units at the facility that emit progressively smaller amounts of the contaminant until emissions from the facility are below the emission rate listed in column (c), (d), (e) or (f) of Table A, B or C of
s. NR 445.07 for the contaminant or until the control requirement has been applied to all emissions units at the facility that emit at least 10% of the rate listed in column (c), (d), (e) or (f) of Table A, B or C of
s. NR 445.07 for the contaminant. If application of the control requirement to these emissions units does not result in the reduction of at least 50% of the potential emissions of the contaminant from the facility, the department may require application of the control requirement on a reasonable array of smaller emissions units that emit the contaminant.
NR 445.08 Note
Note: The term “control requirement" is used to represent the applicable level of emission reduction required for the hazardous air contaminant under review, in other words LAER or BACT. These reduction options include lower emitting processes or practices, material substitution, add-on controls, or any combination of the options.
NR 445.08(3)(a)(a) The owner or operator of a source may use the following alternative method of complying with any control requirements in
s. NR 445.07 (1) (c),
(2) or
(3) by doing both of the following:
NR 445.08(3)(a)1.
1. Limiting the quantity, concentration or duration of potential to emit emissions of one or more hazardous air contaminants with a control requirement in column (i) of Table A, B or C of
s. NR 445.07 having a unit risk factor established by either the EPA or the California air resources board so as not to cause an ambient air concentration off the source property that results in a cumulative inhalation impact from all of the contaminants greater than 1 x 10
-5. The cumulative inhalation impact is determined by the following equation:
