Chapter NR 407

NR 407.02(4)(b)18. 18. Sintering plants.

NR 407.02(4)(b)19. 19. Secondary metal production plants.

NR 407.02(4)(b)20. 20. Chemical process plants. The chemical processing plants category does not include ethanol production facilities that produce ethanol by natural fermentation, as described by the 6-digit code of 312140 or 325193 in the North American Industry Classification System United States, 2007, incorporated by reference in s. NR 484.05 (17).

NR 407.02(4)(b)21. 21. Fossil-fuel boilers, or combination thereof, totaling more than 250 million British thermal units per hour heat input.

NR 407.02(4)(b)22. 22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.

NR 407.02(4)(b)23. 23. Taconite ore processing plants.

NR 407.02(4)(b)24. 24. Glass fiber processing plants.

NR 407.02(4)(b)25. 25. Charcoal production plants.

NR 407.02(4)(b)26. 26. Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input.

NR 407.02(4)(b)27. 27. Any other stationary source category not included in this paragraph which as of August 7, 1980 is being regulated under section 111 or 112 of the Act (42 USC 7411 or 7412).

NR 407.02(4)(c) (c) A major stationary source as defined in part D of title I of the Act (42 USC 7501 to 7515), which is defined as:

NR 407.02(4)(c)1. 1. For ozone nonattainment areas:

NR 407.02(4)(c)1.a. a. Sources with the potential to emit 100 tpy or more of volatile organic compounds or oxides of nitrogen in areas classified as “rural transport,” “marginal,” or “moderate,” 50 tpy or more in areas classified as “serious,” 25 tpy or more in areas classified as “severe,” and 10 tpy or more in areas classified as “extreme”; except that the references in this paragraph to 100, 50, 25, and 10 tpy of nitrogen oxides do not apply with respect to any source for which the administrator has made a finding, under section 182 (f) (1) or (2) of the Act (42 USC 7511a (f) (1) or (2)), that requirements under section 182 (f) of the Act (42 USC 7511a (f)) do not apply.

NR 407.02(4)(c)1.b. b. The classification with the lowest emission threshold under subd. 1. a. determines the major source threshold in an area classified as nonattainment for more than one ozone national ambient air quality standard, until the area is redesignated to attainment for a current standard or a redesignation substitute for a revoked standard has been approved by the EPA for the standard with the lowest emission threshold.

NR 407.02 Note Note: The department maintains materials accessible to the public that show current Wisconsin nonattainment areas and summarizes the applicable permitting requirements for major sources of emissions within these areas.

NR 407.02(4)(c)2. 2. For ozone transport regions established pursuant to section 184 of the Act (42 USC 7511c), sources with the potential to emit 50 tpy or more of volatile organic compounds.

NR 407.02(4)(c)3. 3. For carbon monoxide nonattainment areas that are classified as “serious”, and in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the administrator, sources with the potential to emit 50 tpy or more of carbon monoxide.

NR 407.02(4)(c)4. 4. For particulate matter (PM10) nonattainment areas classified as “serious”, sources with the potential to emit 70 tpy or more of PM10.

NR 407.02(4m) (4m) “Natural minor source” means a source that meets all of the following criteria:

NR 407.02(4m)(a) (a) Is not a major stationary source under ch. NR 405, and is not a major source under this chapter or under ch. NR 408.

NR 407.02(4m)(b) (b) Is not a synthetic minor source under this chapter and does not have a permit containing conditions that allow the source to avoid being either a major stationary source under the definition in s. NR 405.02 (22) or a major source under the definition in s. NR 408.02 (21).

NR 407.02(4m)(c) (c) Is not a part 70 source.

NR 407.02(5) (5) “Non-part 70 source” means any stationary source required to obtain an operation permit that is not a part 70 source.

NR 407.02(6) (6) 

NR 407.02(6)(a) (a) “Part 70 source” means any of the following stationary sources, except as provided in par. (b):

NR 407.02(6)(a)1. 1. Any major source.

NR 407.02(6)(a)2. 2. Any source subject to a standard, limitation or other requirement under section 111 of the Act (42 USC 7411).

NR 407.02(6)(a)3. 3. Any source subject to a standard or other requirement under section 112 of the Act (42 USC 7412), except for a source subject solely to regulations or requirements under section 112(d)(5) or (r) of the Act (42 USC 7412 (d)(5)or (r)).

NR 407.02(6)(a)4. 4. Any affected source.

NR 407.02(6)(b) (b) Notwithstanding par. (a), all sources listed in par. (a) 2. or 3. are not part 70 sources unless they are one of the following:

NR 407.02(6)(b)1. 1. Major sources.

NR 407.02(6)(b)2. 2. Affected sources.

NR 407.02(6)(b)3. 3. Solid waste incineration units required to obtain permits pursuant to section 129 (e) of the Act (42 USC 7429 (e)).

NR 407.02(6m) (6m) “Regulated asbestos-containing material” has the meaning given in s. NR 447.02 (33).

NR 407.02(7) (7) “Renewal” means the process by which an operation permit is reissued at the end of its term.

NR 407.02(8) (8) “State-only requirement” means a requirement designated under s. NR 407.09 (3) (b) as not being federally enforceable.

NR 407.02(8m) (8m) “Subject to regulation under the Act” has the meaning given in s. NR 405.02 (28m).

NR 407.02(9) (9) “Synthetic minor source” means any stationary source that has its potential to emit limited by permit conditions that are federally enforceable so that it is not a major source.

NR 407.02 History History: Cr. Register, December, 1984, No. 348, eff. 1-1-85; renum. (1) to be (intro.), cr. (1), Register, September, 1986, No. 369, eff. 10-1-86; r. and recr. Register, December, 1993, No. 456, eff. 1-1-94; am. (17) (intro.), Register, February, 1995, No. 470, eff. 3-1-95; renum. (1), (2), (4) to be NR 400.02 (1), (1c), (1v), and (5) to (12), (14), (15), (18), (19), (21), (23) to (30), (33), (34) to be NR 409.02 (10), (11), (15), (19), (22), (26), (28), (29), (37), (38), (47), (48), (50), (55), (56), (64), (66), (69) to (72), (78), (79) and am. (72), (78), (79), Register, April, 1995, No. 472, eff. 5-1-95; am. (22) (b), Register, June, 1995, No. 474, eff. 7-1-95; renum. (3), (13), (16), (17), (20), (22), (31), (32), (35) to be (1) to (9) and am. (4) (c) 1. and (6) (b) (intro.), Register, December, 1996, No. 492, eff. 1-1-97; cr. (6) (b) 5. and 6., Register, March, 1997, No. 495, eff. 4-1-97; cr. (6) (b) 7., Register, September, 1997, No. 501, eff. 10-1-97; am. (4) (b) (intro.), Register, December, 1997, No. 504, eff. 1-1-98; am. (4) (a), Register, October, 1999, No. 526, eff. 11-1-99; CR 04-107: r. and recr. (3), cr. (3m) Register August 2005 No. 596, eff. 9-1-05; CR 07-040: cr. (3e), am. (4) (b) 27., r. (6) (b) 4. to 7. Register April 2008 No. 628, eff. 5-1-08; CR 07-104: am. (4) (b) 20. Register July 2008 No. 631, eff. 8-1-08; CR 09-020: am. (4) (a), (b) 27., (c) (intro.), 1., 2. and (6) (a) 2., 3., and (b) 3., cr. (6m) Register January 2010 No. 649, eff. 2-1-10; EmR1046: emerg. am. (4) (b) (intro.), cr. (8m), eff. 12-15-10; CR 10-144: am. (4) (b) (intro.), cr. (8m) Register August 2011 No. 668, eff. 9-1-11; CR 15-005: am. (4) (b) 27., cr. (4m) Register November 2015 No. 719, eff. 12-1-15; CR 19-015: am. (9) Register September 2020 No. 777, eff. 10-1-20; CR 21-022: renum. (4) (c) 1. to (4) (c) 1. (intro.) and a. and am., cr. (4) (c) 1. b. Register February 2022 No. 794, eff. 3-1-22; correction in (4) (c) 1. b. made under s. 35.17, Stats., Register February 2022 No. 794.

NR 407.025 NR 407.025 Permit flexibility.

NR 407.025(1) (1) 

NR 407.025(1)(a) (a) The owner or operator of a stationary source that has an operation permit, or for which a timely and complete application has been submitted, may make a change to the stationary source that contravenes an express term of an operation permit without first obtaining a permit revision if all the following apply:

NR 407.025(1)(a)1. 1. The change does not violate applicable requirements or contravene permit terms and conditions that are monitoring, including use of specified test methods, recordkeeping, reporting or compliance certification requirements.

NR 407.025(1)(a)2. 2. The change is not a modification as defined in s. 285.01 (26), Stats., and rules promulgated thereunder.

NR 407.025(1)(a)3. 3. The change does not cause the stationary source to exceed the emissions allowable under the permit, whether expressed in the permit as an emissions rate or in terms of total emissions.

NR 407.025(1)(a)4. 4. Notice is given and the department does not inform the owner or operator of the stationary source that the change is not authorized, as provided in par. (b).

NR 407.025(1)(b) (b)

NR 407.025(1)(b)1. 1. For each change allowed under par. (a), the owner or operator of the stationary source shall provide the department and, for part 70 sources, the administrator, with written notification of the proposed change a minimum of 21 days in advance of the date on which the proposed change is to occur. The written notification shall include a brief description of the change within the stationary source, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable as a result of the change.

NR 407.025(1)(b)2. 2. The owner or operator of the stationary source may not make the proposed change if the department informs the person before the end of the 21- day period provided in subd. 1. that the proposed change is not one authorized under this subsection.

NR 407.025(1)(c) (c) The owner or operator of the stationary source, the department and the EPA, if applicable, shall attach each notification of a change made under this subsection to their copy of the relevant operation permit.

NR 407.025(1)(d) (d) The permit shield described in s. 285.62 (10) (b), Stats., may not apply to any change made pursuant to this subsection.

NR 407.025(2) (2) 

NR 407.025(2)(a) (a) The department shall, if an owner or operator of a stationary source requests it, issue an operation permit that contains terms and conditions, including all terms required under s. NR 407.09 (1), (2) and (4), allowing for the trading of emissions increases and decreases at the stationary source solely for the purpose of complying with a federally-enforceable emissions cap that is established in the operation permit independent of otherwise applicable requirements. The permit applicant shall include in the application proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and enforceable. The department may not include in the emissions trading provisions any emissions units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emissions trades. Any operation permit issued pursuant to this subsection shall require compliance with all applicable requirements.

NR 407.025(2)(b) (b) For any trade allowed in an operation permit pursuant to par. (a), the owner or operator of the stationary source shall provide the department and, for part 70 sources, the administrator, with written notification a minimum of 7 days in advance of the date on which the proposed trade is to occur. The written notification shall state when the change is proposed to occur and shall describe the changes in emissions that will result and how these changes in emissions will comply with the terms and conditions of the permit.

NR 407.025(2)(c) (c) The permit shield described in s. 285.62 (10) (b), Stats., may extend to terms and conditions that allow the increases and decreases in emissions allowed under this subsection.

NR 407.025 History History: Cr. Register, December, 1993, No. 456, eff. 1-1-94; am. (1) (a) (intro.), 3., (b) 1., 2., (c), (2) (a) and (b), Register, December, 1997, No. 504, eff. 1-1-98; corrections in (1) (d) and (2) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526.

NR 407.03 NR 407.03 Exemptions from operation permit requirements.

NR 407.03(1) (1) Specific categories of exempt sources. Any direct stationary source that is not an affected source and is not required to obtain a permit under 40 CFR part 70 and that consists solely of one of the following categories of stationary sources or consists of a combination of the categories of stationary sources listed under sub. (1) (t) is exempt from the requirement to obtain an operation permit provided the requirements under sub. (4) are met:

NR 407.03(1)(a) (a) External combustion furnaces which do not burn any hazardous waste identified under ch. NR 661, or which have been issued a license under ch. NR 670, and which are designed at combined total capacity to burn the following fuels at the maximum rates indicated:

NR 407.03(1)(a)1. 1. Coal, coke or other solid fuels, except wood, at a heat input rate of not more than 1.0 million Btu per hour.

NR 407.03(1)(a)2. 2. Wood alone or wood in combination with gaseous or liquid fuels at a heat input rate of not more than 5.0 million Btu per hour.

NR 407.03(1)(a)3. 3. Residual or crude oil at a heat input rate of not more than 5.0 million Btu per hour.

NR 407.03(1)(a)4. 4. Distillate oil at a heat input rate of not more than 10 million Btu per hour.

NR 407.03(1)(a)4m. 4m. Distillate oil with a maximum sulfur content of 15 ppm at a heat input rate of not more than 25 million Btu per hour.

NR 407.03(1)(a)5. 5. Gaseous fuel at a heat input rate of not more than 25 million Btu per hour.

NR 407.03(1)(b) (b) Equipment designed to incinerate solid wastes, which are not pathological wastes, infectious wastes, municipal wastes or hazardous wastes under ch. NR 661, at a rate of not more than 500 pounds per hour.

NR 407.03(1)(bm) (bm) Equipment owned or operated by a government agency, such as police or sheriff’s department, that is used to incinerate only drugs confiscated by federal, state, or local law enforcement agencies, provided the equipment meets all of the following design requirements:

NR 407.03(1)(bm)1. 1. The equipment shall be a dual-chamber incinerator that complies with all of the following:

NR 407.03(1)(bm)1.a. a. The equipment is designed to incinerate not more than 500 pounds of material per hour.

NR 407.03(1)(bm)1.b. b. The equipment has a secondary chamber that operates at all times with a minimum temperature of 1,400 degrees Fahrenheit and a minimum gas retention time of 0.5 seconds.

NR 407.03(1)(bm)1.c. c. The secondary chamber has a continuous temperature monitor.

NR 407.03(1)(bm)2. 2. Stacks shall comply with all of the following:

NR 407.03(1)(bm)2.a. a. Each stack shall have a height at least 1.5 times higher than the peak of the highest structure within 150 feet.

NR 407.03(1)(bm)2.b. b. Each stack shall be located at least 500 feet from nearest property line.

NR 407.03(1)(bm)2.c. c. Each stack shall have unobstructed vertical discharge when the incinerator is operated. Properly installed and maintained spark arresters are not considered obstructions.

NR 407.03(1)(bm)3. 3. The incinerator shall be operated with the following limits:

NR 407.03(1)(bm)3.a. a. The unit shall reach a minimum operating temperature of 1,400 degrees Fahrenheit prior to introducing the materials to be incinerated.

NR 407.03(1)(bm)3.b. b. The quantity of material incinerated, including packaging, is limited to no more than 25 pounds in any 24-hour period, with the exception of marijuana. Marijuana may be incinerated in quantities up to the design capacity of the incinerator.

NR 407.03(1)(bm)3.c. c. Fuel for the incinerator shall be limited to natural gas, liquid petroleum gas, distillate fuel oil with less than 0.0015% sulfur by weight, or the equipment shall use electric power.

NR 407.03(1)(bm)3.d. d. The manufacturer’s recommended operating instructions shall be posted at the incinerator and the unit shall be operated in accordance with these instructions. The incinerator shall be operated in accordance with the manufacturer’s specifications and maintained in good working order.

NR 407.03(1)(bm)4. 4. The owner or operator shall install, calibrate, maintain, and operate a monitoring device that continuously measures and records the temperature of the secondary chamber of the incinerator.

NR 407.03(1)(bm)5. 5. The owner or operator shall maintain records sufficient to demonstrate that each of the requirements listed in this paragraph are met. The records shall be retained for a minimum of 5 years, and shall include all of the following:

NR 407.03(1)(bm)5.a. a. The time and date materials are charged.

NR 407.03(1)(bm)5.b. b. The amount of material charged or burned in each 24-hour period.

NR 407.03(1)(bm)5.c. c. The type and amount of fuel usage, including sulfur content for fuel oil.

NR 407.03(1)(bm)5.d. d. The monitoring results.

NR 407.03(1)(bm)5.e. e. The hours of operation.

NR 407.03(1)(bm)5.f. f. Routine maintenance of abatement systems.

NR 407.03(1)(ce) (ce) Grain storage facilities, including facilities with column dryers or rack dryers, with an average tonnage of grain received of less than 5500 tons per month, which are not subject to s. NR 440.47, and which are not part 70 sources. The average monthly tonnage of grain received shall be calculated by dividing the cumulative tonnage of grain received since January 1 of each year by 12. The average monthly tonnage of grain received does not include product that the facility sells, acting as a broker, which is never actually received or dried at the grain storage facility.