Chapter NR 410

NR 410.04(2)(c) (c) For the purpose of charging fees, the following groups of air contaminants shall be considered single air contaminants:

NR 410.04(2)(c)1. 1. Particulate matter and PM10.

NR 410.04(2)(c)2. 2. Reduced sulfur compounds, mercaptans, hydrogen sulfide and total reduced sulfur.

NR 410.04(2)(c)3. 3. Air contaminants reported as both a hazardous air contaminant and as either a particulate or volatile organic compound. The air contaminants which are not eligible for this exemption are identified by footnote number 3 in Table 1 of s. NR 438.03.

NR 410.04(3) (3) Facilities exempt from annual emissions fees. The following facilities are exempt from the requirement to pay annual emissions fees under s. 285.69 (2), Stats., and this section:

NR 410.04(3)(a) (a) Any facility whose total annual actual emissions of all air contaminants listed in Table 1 of s. NR 438.03, and annotated with footnote 3, are less than 5 tons.

NR 410.04(3)(b) (b) Indirect sources of air pollution.

NR 410.04(4) (4) Utilities with acid rain phase I affected units. Notwithstanding sub. (2) (b) 2., the department shall charge fees on emissions in excess of 5,000 tons per year of any air contaminant from any facility operated by a utility that owns or operates an acid rain phase I affected unit to the extent necessary to recover the fees that would have been charged to that utility if the exemption under sub. (2) (b) 1. did not exist.

NR 410.04(5) (5) Payment. Annual emission fees shall be paid to the department within 30 days of receipt of the bill.

NR 410.04(6) (6) Disputed payment.

NR 410.04(6)(a) (a) The owner or operator of a facility who disputes its annual emissions fee may request, in writing, that the department review the fee. Such a request shall be filed within 30 days of receipt of the bill. The department shall review and supply to the facility, within 14 calendar days of receipt of the written request, all information used to calculate the annual emissions fee. If the facility continues to dispute the fee, it shall supply to the department, within 14 calendar days after receipt of this information, the reasons it disputes the fee. The facility shall be notified by the department, within 7 calendar days of receipt of this information, whether the fee will be adjusted. If the facility continues to dispute the fee, it may appeal the department’s final decision pursuant to s. 285.81, Stats.

NR 410.04(6)(b) (b) The facility shall pay the amount of fee not in dispute within 30 days of receipt of the bill.

NR 410.04 History History: Cr. Register, April, 1984, No. 340, eff. 5-1-84; renum. from NR 410.05, Register, September, 1986, No. 369, eff. 10-1-86; r. and recr. Register, April, 1988, No. 388, eff. 5-1-88; r. and recr. Register, May, 1993, No. 449, eff. 6-1-93; am. (3), Register, February, 1995, No. 470, eff. 3-1-95; CR 02-146: am. (2) (b) 2. and (4) Register October 2003 No. 574, eff. 11-1-03; CR 02-097: cr. (2) (b) 5. and 6. Register June 2004 No. 582, eff. 7-1-04.

NR 410.05 NR 410.05 Asbestos abatement project permit exemption review and inspection fees.

NR 410.05(1) (1) Fees required. Any person who submits an asbestos abatement notification under ch. NR 447 shall pay the fees in subs. (2) and (3). The fees shall be submitted with the completed notification required under ch. NR 447 and are non-refundable.

NR 410.05(2) (2) Permit exemption review fee. Any person requiring a determination of exemption under s. NR 406.04 (1) (n) shall pay one of the following amounts:

NR 410.05(2)(a) (a) $50 for a determination of exemption if the asbestos renovation or demolition operation involves at least 260 linear feet or at least 160 square feet of regulated asbestos containing material and a combined square and linear footage of less than 1000. The combination of square and linear footage shall be determined by adding the square footage of asbestos containing material on all areas other than pipes to the linear footage of asbestos containing material on pipes.

NR 410.05(2)(b) (b) $125 for a determination of exemption if the asbestos renovation or demolition operation involves regulated asbestos containing material with a combined square and linear footage of equal to or greater than 1000. The combination of square and linear footage shall be determined by the method given in par. (a).

NR 410.05(3) (3) Inspection fee. The amount of the asbestos abatement project inspection fee shall be:

NR 410.05(3)(a) (a) $135 if, in a facility being demolished, the amount of regulated asbestos containing material is less than 260 linear feet on pipes and less than 160 square feet on other facility components.

NR 410.05(3)(b) (b) $350 if the asbestos renovation or demolition operation involves at least 260 linear feet or at least 160 square feet of regulated asbestos containing material and a combined square and linear footage of less than 1000. The combination of square and linear footage shall be determined by the method given in sub. (2) (a).

NR 410.05(3)(c) (c) $575 if the asbestos renovation or demolition operation involves regulated asbestos containing material with a combined square and linear footage of equal to or greater than 1000 and less than 5000. The combination of square and linear footage shall be determined by the method given in sub. (2) (a).

NR 410.05(3)(d) (d) $1200 if the asbestos renovation or demolition operation involves regulated asbestos containing material with a combined square and linear footage of equal to or greater than 5000. The combination of square and linear footage shall be determined by the method given in sub. (2) (a).

NR 410.05(3)(e) (e) $100 if the property is to be demolished by intentional burning as a community fire safety training project.

NR 410.05(3)(f) (f) An amount equal to and in addition to the inspection fee specified in pars. (a) to (d) to inspect property for a project for which a notice of an asbestos renovation or demolition activity was not provided before the work began.

NR 410.05(4) (4) Notice update fee. Any person submitting an updated notice, as required by s. NR 447.07 (2), for an asbestos renovation or demolition activity when the amount of affected asbestos changes by at least 20% shall pay a fee of $100.

NR 410.05 History History: Cr. Register, February, 1995, No. 470, eff. 3-1-95; CR 01-055: am. (3) (c), Register January 2002 No. 553, eff. 2-1-02; CR 04-102: am. (2) (a), (b), (3) (a) to (c), cr. (3) (d) Register June 2005 No. 594, eff. 7-1-05; CR 10-046: am. (3) (a) to (d), cr. (3) (e), (f), (4) Register December 2010 No. 660, eff. 1-1-11.

NR 410.06 NR 410.06 Severe ozone nonattainment area major source fee.

NR 410.06(1) (1) Fee required. Except as provided in sub. (3), any person who owns or operates a stationary source which emits or has the potential to emit 25 tons per year of volatile organic compounds (VOCs) and which is located in Kenosha, Milwaukee, Ozaukee, Racine, Washington or Waukesha county shall pay a fee, computed in accordance with sub. (2), beginning in 2008 and in each calendar year thereafter until the county in which the stationary source is located is redesignated as an attainment area for the 1-hour ozone standard. The fee required under this section shall be paid at the time that the annual emission fee under s. NR 410.04 is paid.

NR 410.06(2) (2) Computation of fee.

NR 410.06(2)(a) (a) Fee amount. The fee required under sub. (1) shall equal $5,000, adjusted in accordance with par. (c), per ton of VOCs emitted by the source during the previous calendar year in excess of 80% of the baseline amount, computed under par. (b).

NR 410.06(2)(b) (b) Baseline amount. For purposes of this section, the baseline amount shall be computed, in accordance with any guidance which the administrator may provide, as the lower of the amount of actual VOC emissions or the VOC emissions allowed under either a permit or emission limitations applicable to the source, during calendar year 2007.

NR 410.06(2)(c) (c) Annual adjustment. The fee amount under par. (a) shall be adjusted annually, beginning in 1990, by the percentage, if any, by which the consumer price index, as defined in section 502(b)(3)(B)(v) of the act (42 USC 7661a (b)(3)(B)(v)), has been adjusted.

NR 410.06(3) (3) Exception. No person who owns or operates a stationary source is required to pay any fee under sub. (1) with respect to emissions during any year that is treated as an extension year under section 181(a)(5) of the act (42 USC 7511(a)(5)).

NR 410.06 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01.