Chapter NR 407

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.

NR 407.03(1)(cm) (cm) Grain processing facilities, including facilities with column dryers or rack dryers, with an average tonnage of grain received of less than 4500 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 receives that is packaged when received and remains packaged.

NR 407.03(1)(d) (d) Portland concrete batch plants which produce less than 20,000 cubic yards of concrete per month averaged over any 12 consecutive month period.

NR 407.03(1)(e) (e) Storage tanks containing organic compounds with a true vapor pressure in pounds per square inch absolute at 70°F of less than 1.52 with a combined total tankage capacity of not more than 40,000 gallons.

NR 407.03(1)(f) (f) VOC storage tanks with a combined total tankage capacity of not more than 10,000 gallons of volatile organic compounds.

NR 407.03(1)(g) (g) Painting or coating operations, including associated quality assurance laboratories and cleaning operations, which emit or will emit not more than 1,666 pounds of volatile organic compounds per month, which are measured prior to entering any emission control devices, unless the emissions of any single hazardous air pollutant listed under section 112 (b) of the Act (42 USC 7412 (b)) equal or exceed 10 tons per year or the cumulative emissions of hazardous air pollutants listed under section 112 (b) of the Act equal or exceed 25 tons per year.

NR 407.03(1)(gm) (gm) Automobile refinishing operations, including associated quality assurance laboratories and cleaning operations, which emit or will emit not more than 1,666 pounds of volatile organic compounds per month, which are measured prior to entering any emission control devices, unless the emissions of any single hazardous air pollutant listed under section 112(b) of the Act (42 USC 7412(b)) equal or exceed 10 tons per year or the cumulative emissions of hazardous air pollutants listed under section 112(b) of the Act equal or exceed 25 tons per year.

NR 407.03(1)(h) (h) Graphic arts operations, including associated quality assurance laboratories and cleaning operations, which emit or will emit not more than 1,666 pounds of volatile organic compounds per month, which are measured prior to entering any emission control devices, unless the emissions of any single hazardous air pollutant listed under section 112 (b) of the Act equal or exceed 10 tons per year or the cumulative emissions of hazardous air pollutants listed under section 112 (b) of the Act equal or exceed 25 tons per year.

NR 407.03(1)(i) (i) Cold cleaning equipment which meets both of the following requirements:

NR 407.03(1)(i)1. 1. The equipment has a total air to solvent interface of 1.0 square meters or less during operation.

NR 407.03(1)(i)2. 2. The equipment does not use any halogenated HAP solvent as a cleaning or drying agent.

NR 407.03(1)(j) (j) Open top vapor degreasing equipment which meets both of the following requirements:

NR 407.03(1)(j)1. 1. The equipment has a total air to vapor interface of 1.0 square meters or less during operation.

NR 407.03(1)(j)2. 2. The equipment does not use any halogenated HAP solvent as a cleaning or drying agent.

NR 407.03(1)(k) (k) Coin-operated dry cleaning machines.

NR 407.03(1)(km) (km) Chromium electroplating and chromium anodizing operations which are not major sources or located at major sources and which are any of the following:

NR 407.03(1)(km)1. 1. Any decorative chromium electroplating operation or chromium anodizing operation that uses fume suppressants as an emission reduction technology.

NR 407.03(1)(km)2. 2. Any decorative chromium electroplating operation that uses a trivalent chromium bath that incorporates a wetting agent as a bath ingredient.

NR 407.03(1)(L) (L) Private alcohol fuel production systems as defined in s. 289.44 (1) (c), Stats.

NR 407.03(1)(m) (m) Crematories.

NR 407.03(1)(n) (n) Indirect malt dryers which are designed to burn fuels specified in par. (a) at a heat input rate less than the rates specified in par. (a).

NR 407.03(1)(o) (o) A laboratory which emits volatile organic compounds, sulfur dioxide, carbon monoxide, nitrogen oxides or particulate matter or a combination thereof at a rate of less than 5.7 pounds per hour unless the emissions of any single hazardous air pollutant listed under section 112 (b) of the Act (42 USC 7412 (b)) equal or exceed 10 tons per year or the cumulative emissions of all such hazardous air pollutants listed under section 112 (b) of the Act equal or exceed 25 tons per year. Hourly emissions shall be determined, based on the quantitative estimate of air contaminants before they enter any emission control devices, by dividing the total uncontrolled emissions which would have occurred during a calendar month by the total hours of operation of the laboratory during that calendar month. A laboratory is in operation if laboratory apparatus or equipment is in use.

NR 407.03(1)(p) (p) Equipment the primary purpose of which is to transport or sort paper.

NR 407.03(1)(q) (q) Facilities for chlorination of municipal drinking water, the intake of once through industrial process or cooling water, or water for swimming pools, spas or other recreational establishments.

NR 407.03(1)(r) (r) Gasoline dispensing facilities which dispense gasoline or other petroleum products.

NR 407.03(1)(s) (s) Bulk gasoline plants which distribute gasoline or other petroleum products and which have an average daily gasoline throughput of less than 15,000 liters (4,000 gallons), based on a 30-day rolling average.

NR 407.03(1)(sm) (sm) The following procedures for the remediation or disposal of soil or water contaminated with organic compounds, provided the potential to emit, considering emission control devices, for any hazardous air contaminant listed in Table A to Table C of s. NR 445.07 is not greater than the emission rate listed in Table A to Table C of s. NR 445.07 for the air contaminant at the respective stack height, the procedure is not a major source and the procedure is not subject to any standard or regulation under section 111 or 112 of the Act (42 USC 7411 or 7412):

NR 407.03(1)(sm)1. 1. Landspreading of contaminated soil, including the agricultural landspreading of soil contaminated with pesticide or fertilizer.

NR 407.03(1)(sm)2. 2. Negative pressure venting of contaminated soil or bioremediation, provided the remediation is completed within 18 months or the potential to emit organic compounds from the remediation site is at a rate of not more than 5.7 pounds per hour, considering emission control devices.

NR 407.03(1)(sm)3. 3. Pilot testing of a negative pressure venting system provided the testing is limited to a total withdrawal of not more than 150,000 standard cubic feet (scf) of air.

NR 407.03 Note Note: The total withdrawal may be determined by the equation: Total withdrawal (scf) = hours of operation of pilot test (hr) × average flow rate in cubic feet per minute at standard conditions (scfm) × 60 min/hr. An example is: 10 hours of operation × 250 scfm × 60 min/hr = 150,000 scf. When testing at multiple flow rates, determine the withdrawal for each flow rate and sum the withdrawals for a total withdrawal.

NR 407.03(1)(sm)4. 4. Landfilling of contaminated soil.

NR 407.03(1)(sm)5. 5. Installation and use of devices which remove organic compounds from a private or municipal potable water supply.

NR 407.03(1)(sm)6. 6. Installation and use of crop irrigation systems or dewatering wells to remediate contaminated water.

NR 407.03(1)(sm)7. 7. Installation and use of air strippers for treatment of contaminated water, provided the remediation is completed within 18 months or the potential to emit organic compounds from the remediation site is at a rate of not more than 5.7 pounds per hour, considering emission control devices.

NR 407.03(1)(sm)8. 8. Installation and use of any devices or techniques not listed in this paragraph which are used to remediate soil or water contaminated with organic compounds, if the device or technique is not portable and is not a thermal evaporation unit, and the remediation is completed within 18 months.

NR 407.03(1)(sm)9. 9. Installation and use of any technique or device to remediate soil or water contaminated with organic compounds as part of actions taken by EPA under the authority of the comprehensive environmental response compensation and liability act of 1980 (42 USC 9601 to 9675), by the department under the authority of s. 292.11 or 292.31, Stats., or by a responsible party in compliance with the requirements of an administrative order, consent decree or contract issued pursuant to the comprehensive environmental response compensation and liability act of 1980 or s. 292.11 or 292.31, Stats.

NR 407.03(1)(sq) (sq) Renovation or demolition operations involving regulated asbestos-containing material.

NR 407.03(1)(t) (t) A combination of emission units which consists of not more than one each of the following specific categories of sources unless the combination of units is a major source:

NR 407.03(1)(t)1. 1. Fuel burning equipment otherwise exempt under par. (a) or (u).

NR 407.03(1)(t)2. 2. Equipment designed to incinerate solid wastes otherwise exempt under par. (b).

NR 407.03(1)(t)3. 3. Storage tanks of organic compounds with a combined total tankage capacity of not more than 40,000 gallons if not more than 10,000 gallons of the storage tanks’ capacity is used for storage of volatile organic compounds.

NR 407.03(1)(t)4. 4. Grain storage facilities otherwise exempt under par. (ce).

NR 407.03(1)(t)5. 5. Grain processing facilities otherwise exempt under par. (cm).

NR 407.03(1)(t)6. 6. Only one of the other specific category exemptions listed in pars. (d), (g) to (s) and (v) to (z).

NR 407.03(1)(u) (u) Restricted use reciprocating internal combustion engines which are fueled by gaseous fuels, gasoline, or a clean fuel as defined in s. NR 406.02 (1) and which have a combined total electrical output of less than 3,000 kilowatts, or the equivalent in brake horsepower. An owner or operator claiming exemption under this paragraph shall maintain records of all of the following:

NR 407.03(1)(u)1. 1. The electrical output in kilowatts, or the equivalent in brake horsepower, of each engine.

NR 407.03(1)(u)2. 2. The total hours each engine is operated during a year.

NR 407.03(1)(v) (v) Any quarry, mine or other facility where nonmetallic minerals are extracted that is not a ledge rock quarry or industrial sand mine.

NR 407.03(1)(w) (w) Ledge rock quarries with actual production of less than 25,000 tons per month on a rolling 12 month average, or with actual operation of less than 365 days per 5 year period.

NR 407.03(1)(x) (x) Industrial sand mines with actual production of less than 2,000 tons per month on a rolling 12 month average.

NR 407.03(1)(y) (y) Fixed sand and gravel plants and fixed crushed stone plants with capacities of 25 tons per hour or less.

NR 407.03(1)(z) (z) Portable sand and gravel plants and portable crushed stone plants with capacities of 150 tons per hour or less.

NR 407.03(1m) (1m) Facilities exempt based on actual emissions.

NR 407.03(1m)(a) (a) Any facility that is required to submit an annual emission inventory report under s. NR 438.03 is exempt from the requirement to obtain an operation permit following notification under par. (c), where all of the following criteria and requirements are met:

NR 407.03(1m)(a)1. 1. The actual emissions of each air contaminant from the facility do not exceed any of the following levels:

NR 407.03(1m)(a)1.a. a. 10 tons in any calendar year for each of the following air contaminants: particulate matter, nitrogen oxide, sulfur dioxide, PM10, carbon monoxide and volatile organic compounds.

NR 407.03(1m)(a)1.b. b. 0.5 tons in any calendar year for lead.

NR 407.03(1m)(a)1.c. c. Any stack-appropriate thresholds for emissions points in columns (c), (d), (e) and (f) of Table A, B or C of ch. NR 445. If the facility is a source of incidental emissions under s. NR 445.11, this subdivision only applies to emissions of air contaminants which are listed as substances of concern in Table E of ch. NR 445.

NR 407.03(1m)(a)2. 2. The facility is not subject to an emission limitation or emission standard under section 111 or 112 of the Act (42 USC 7411 or 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)) or engine certified to meet the emission standards in 40 CFR part 60, subpart IIII or JJJJ for each fuel used.

NR 407.03(1m)(a)3. 3. The owner or operator conducts monitoring and maintains records sufficient to demonstrate compliance with the requirements of this paragraph, including the calculation of annual facility-wide emissions. These records shall be maintained on site for at least 5 years, unless a longer period is required by statute or rule.

NR 407.03(1m)(a)4. 4. If a control device is used to limit actual emissions, the owner or operator uses a compliance monitoring method which is identified in s. NR 439.055.

NR 407.03(1m)(b) (b) Any facility that is not required to submit an annual emission inventory report under s. NR 438.03 is exempt from the requirement to obtain an operation permit where all of the criteria and requirements in par. (a) 1. to 4. are met.

NR 407.03(1m)(c) (c)

NR 407.03(1m)(c)1. 1. The owner or operator of a facility required to submit an air emission inventory report under s. NR 438.03 shall notify the department of their intent to operate the facility under the exemption criteria in par. (a).

NR 407.03(1m)(c)2. 2. Any existing permit shall remain in effect until the permit is revoked or coverage under a general or registration permit is withdrawn. A notification under subd. 1. shall serve as a request for revocation of an individual permit or withdrawal from coverage under a general or registration permit.

NR 407.03(1m)(c)3. 3. A notification under subd. 1. shall serve as a request for withdrawal of any pending permit application.

NR 407.03 Note Note: An owner or operator exempt under this subsection is responsible for complying with all other applicable requirements in chs. NR 400 to 499.