Chapter NR 493

Register December 1996 No. 492

Chapter NR 493

AIR POLLUTION EPISODE LEVELS AND EPISODE
EMISSION CONTROL ACTION PROGRAMS

NR 493.01   Applicability; purpose.

NR 493.02   Definitions.

NR 493.03   Episode levels.

NR 493.04   Emission control action programs.

NR 493.05   Episode orders.

Ch. NR 493 Note Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1997, No. 493.

NR 493.01 NR 493.01 Applicability; purpose.

NR 493.01(1) (1) Applicability. This chapter applies to all air contaminant sources and to their owners and operators.

NR 493.01(2) (2) Purpose. This chapter is adopted under ss. 285.11, 285.13 and 285.85, Stats., to establish emergency episode level criteria and to establish programs and procedures for the abatement of such conditions.

NR 493.01 Note Note: This chapter generally follows the federal guidance contained in 40 CFR part 51, Appendix L.

NR 493.01 History History: Cr. Register, September, 1986, No. 369, eff. 10-1-86; am. (1), Register, May, 1992, No. 437, eff. 6-1-92.

NR 493.02 NR 493.02 Definitions. The definitions contained in ch. NR 400 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter:

NR 493.02(1) (1) “Air pollution episode levels” means levels of air quality which are so degraded as to pose imminent danger to public health:

NR 493.02(1)(a) (a) “Alert”: The alert level is that concentration of one or more air contaminants at which the first stage control actions begin.

NR 493.02(1)(b) (b) “Warning”: The warning level indicates air quality is continuing to degrade and that additional control actions are necessary.

NR 493.02(1)(c) (c) “Emergency”: The emergency level indicates that the air quality is continuing to degrade to a level which should never be reached and that the most stringent control actions are necessary.

NR 493.02 History History: Cr. (intro.) and (2), (1) renum. from NR 154.01 (10), Register, September, 1986, No. 369, eff. 10-1-86; am. (intro.), r. (2), Register, December, 1995, No. 480, eff. 1-1-96.

NR 493.03 NR 493.03 Episode levels.

NR 493.03(1) (1) Air episode advisory. The department may issue an Air Pollution Episode advisory to the general public if any air contaminant or combination of air contaminants reaches the respective level of concentration specified in Table 1 at any monitoring site.

NR 493.03(2) (2) Air episode levels. The department shall declare an Air Pollution Episode Level at the “Alert”, “Warning” or “Emergency” stage if any air contaminant or combination of air contaminants reaches the respective level of concentration specified in Table 1 at any monitoring site and if meteorological conditions are such that the concentrations of the air contaminant can be expected to remain at or above that level for 12 or more hours, or in the case of ozone, to recur the following day at the same or a higher level, unless control actions are taken.

NR 493.03 History History: Cr. Register, July, 1985, No. 355, eff. 8-1-85; renum. from NR 493.01, Register, September, 1986, No. 369, eff. 10-1-86.

Table 1
Episode Stage Criteria For Air Contaminants

NR 493.04 NR 493.04 Emission control action programs.

NR 493.04(1) (1) Any person responsible for the operation of a direct source which emits 0.25 tons or more per day of any air contaminant for which air standards have been adopted shall prepare emission control action programs, consistent with good industrial practice and safe operating procedures, for reducing the emission of the air contaminants into the outdoor atmosphere during periods of an AIR POLLUTION ALERT, AIR POLLUTION WARNING, or AIR POLLUTION EMERGENCY declared under s. NR 493.03 (2). Emission control action programs shall be designed to reduce or eliminate emissions of air contaminants into the outdoor atmosphere in accordance with the requirements set forth in Tables 2 to 6.

NR 493.04(2) (2) Emission control action programs as required under sub. (1) shall be in writing and show the source of air contamination, the approximate amount of reduction of contaminants, the approximate time required to put the program into effect, a brief description of the manner in which the reduction will be achieved during each stage of an air pollution episode declared under s. NR 493.03 (2), and such other information as the department deems pertinent.

NR 493.04(3) (3) The emission control action programs as required by sub. (1) shall be made available at all times on the premises of the operation to any person authorized to enforce the provisions of the department’s episode procedure. A brief written description of the overall emission control action program, and the details of the program which affect specific functions of the overall operation, shall be posted at the locations where the functions are carried out.

NR 493.04(4) (4) The emission control action programs as required by sub. (1) shall be submitted to the department upon request within 60 days of the receipt of the request; the emission control action programs shall be subject to review and approval by the department. If, in the opinion of the department, an emission control action program does not effectively carry out the requirements set forth in Tables 2 to 6, the department may disapprove the emission control action program, state its reason for disapproval, and order the preparation of an amended emission control action program within the time period specified in the order. If the person responsible fails within the time period specified in the order to submit an amended emission control action program which, in the opinion of the department, meets the requirements of this chapter, the department may revise the emission control action program. The revised program will thereafter be the emission control action program which the person responsible shall put into effect upon declaration of an air pollution episode by the secretary.

NR 493.04 History History: Renum. from NR 154.20 (2) and am. Register, July, 1985, No. 355, eff. 8-1-85; renum. from NR 493.02, Register, September, 1986, No. 369, eff. 10-1-86; am. (2) and (3), Register, December, 1995, No. 480, eff. 1-1-96; correction in (1) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1995, No. 480; am. (2), Register, January, 1997, No. 493, eff. 2-1-97.

NR 493.05 NR 493.05 Episode orders. The following are orders which may be appropriate for use by the secretary under s. 285.85, Stats., upon declaration under s. NR 493.03 (2) that an air pollution episode exists for any air contaminant for which an air standard has been adopted or for any combination of air contaminants:

NR 493.05(1) (1) Air pollution alert.

NR 493.05(1)(a) (a) Any air contaminant or combination of air contaminants. Any person responsible for the operation of a source of air contamination as set forth in s. NR 493.04 (1) shall take all AIR POLLUTION ALERT actions as required for such source of air contamination, and shall particularly put into effect the emission control action program for an AIR POLLUTION ALERT declared under s. NR 493.03 (2).

NR 493.05(1)(b) (b) Particulate matter.

NR 493.05(1)(b)1. 1. No person may open burn any tree wastes, vegetation, refuse, or debris in any form.

NR 493.05(1)(b)2. 2. The use of incinerators for the disposal of any form of solid waste shall be limited to the hours between 12:00 noon and 4:00 p.m.

NR 493.05(1)(b)3. 3. Persons operating fuel-burning equipment which requires intermittent boiler lancing or soot blowing shall perform such operations, to the maximum extent possible, between the hours of 12:00 noon and 4:00 p.m.

NR 493.05(1)(c) (c) Nitrogen oxides.

NR 493.05(1)(c)1. 1. No person may open burn any tree waste, vegetation, refuse, or debris in any form.

NR 493.05(1)(c)2. 2. The use of incinerators for the disposal of any form of solid waste shall be limited to the hours between 12:00 noon and 4:00 p.m.

NR 493.05(2) (2) Air pollution warning.

NR 493.05(2)(a) (a) Any air contaminant or combination of air contaminants. Any person responsible for the operation of a source of air contamination as set forth in s. NR 493.04 (1) shall take all AIR POLLUTION WARNING actions as required for such source of air contamination, and shall particularly put into effect the emission control action program for an AIR POLLUTION WARNING declared under s. NR 493.03 (2).

NR 493.05(2)(b) (b) Particulate matter.

NR 493.05(2)(b)1. 1. No person may open burn any tree waste, vegetation, refuse, or debris in any form.

NR 493.05(2)(b)2. 2. No person may use incinerators for the disposal of any form of solid waste or liquid waste.

NR 493.05(2)(b)3. 3. Persons operating fuel-burning equipment which requires intermittent boiler lancing or soot blowing shall perform such operations, to the maximum extent possible, between the hours of 12:00 noon and 4:00 p.m.

NR 493.05(2)(c) (c) Nitrogen oxides.

NR 493.05(2)(c)1. 1. No person may open burn any tree waste, vegetation, refuse, or debris in any form.

NR 493.05(2)(c)2. 2. No person may use incinerators for the disposal of any form of solid waste or liquid waste.

NR 493.05(3) (3) Air pollution emergency.

NR 493.05(3)(a) (a) Any air contaminant or combination of air contaminants.

NR 493.05(3)(a)1. 1. Any person responsible for the operation of a source of air contamination set forth in s. NR 493.04 (1) shall take all AIR POLLUTION EMERGENCY actions as required for such source of air contamination, and shall particularly put into effect the emission control action program for an AIR POLLUTION EMERGENCY declared under s. NR 493.03 (2).

NR 493.05(3)(a)2. 2. All manufacturing establishments, including those too small to be included under s. NR 493.04 (1), shall institute such action as will result in maximum reduction of air contaminants from their operations by ceasing, curtailing, or postponing operations which emit air contaminants to the extent possible without causing injury to persons or damage to equipment.

NR 493.05(3)(a)3. 3. All places of employment described in this subdivision shall immediately cease operations except for those operations necessary to provide emergency services or products or to prevent personal injury or property loss or damage:

NR 493.05(3)(a)3.a. a. Mining and quarrying of nonmetallic minerals.

NR 493.05(3)(a)3.b. b. All contract construction work.

NR 493.05(3)(a)3.c. c. Wholesale trade establishments which are primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional users, or to other wholesalers, or acting as agents in buying merchandise for or selling merchandise to such persons or companies.