Chapter NR 440

NR 440.216   Large municipal waste combustors for which construction is commenced after September 20, 1994 or for which modification or reconstruction is commenced after June 19, 1996.

NR 440.218   Hospital/medical/infectious waste incinerators for which construction is commenced after June 20, 1996.

NR 440.22   Portland cement plants.

NR 440.23   Nitric acid plants.

NR 440.24   Sulfuric acid plants.

NR 440.25   Asphalt concrete plants.

NR 440.26   Petroleum refineries.

NR 440.27   Storage vessels for petroleum liquids for which construction, reconstruction or modification commenced after June 11, 1973, and prior to May 19, 1978.

NR 440.28   Storage vessels for petroleum liquids for which construction, reconstruction or modification commenced after May 18, 1978, and prior to July 23, 1984.

NR 440.285   Volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction or modification commenced after July 23, 1984.

NR 440.29   Secondary lead smelters.

NR 440.30   Secondary brass and bronze production plants.

NR 440.31   Primary emissions from basic oxygen process furnaces for which construction is commenced after June 11, 1973.

NR 440.315   Basic oxygen process steelmaking facilities for which construction is commenced after January 20, 1983.

NR 440.32   Sewage treatment plants.

NR 440.33   Primary copper smelters.

NR 440.34   Primary zinc smelters.

NR 440.35   Primary lead smelters.

NR 440.36   Primary aluminum reduction plants.

NR 440.37   Phosphate fertilizer industry: wet-process phosphoric acid plants.

NR 440.38   Phosphate fertilizer industry: superphosphoric acid plants.

NR 440.39   Phosphate fertilizer industry: diammonium phosphate plants.

NR 440.40   Phosphate fertilizer industry: triple superphosphate plants.

NR 440.41   Phosphate fertilizer industry: granular triple superphosphate storage facilities.

NR 440.42   Coal preparation plants.

NR 440.43   Ferroalloy production facilities.

NR 440.44   Steel plants: electric arc furnaces constructed after October 21, 1974, and on or before August 17, 1983.

NR 440.445   Steel plants: electric arc furnaces and argon-oxygen decarburization vessels constructed after August 17, 1983.

NR 440.45   Kraft pulp mills.

NR 440.46   Glass manufacturing plants.

NR 440.47   Grain elevators.

NR 440.48   Surface coating of metal furniture.

NR 440.50   Stationary gas turbines.

NR 440.51   Lime manufacturing plants.

NR 440.52   Lead-acid battery manufacturing plants.

NR 440.525   Metallic mineral processing plants.

NR 440.53   Automobile and light-duty truck surface coating operations.

NR 440.54   Phosphate rock plants.

NR 440.55   Ammonium sulfate manufacture.

NR 440.56   Graphic arts industry: publication rotogravure printing.

NR 440.565   Pressure sensitive tape and label surface coating operations.

NR 440.57   Industrial surface coating: large appliances.

NR 440.58   Metal coil surface coating.

NR 440.59   Asphalt processing and asphalt roofing manufacture.

NR 440.62   Equipment leaks of VOC in the synthetic organic chemicals manufacturing industry.

NR 440.63   Beverage can surface coating industry.

NR 440.64   Bulk gasoline terminals.

NR 440.642   New residential wood heaters.

NR 440.644   Rubber tire manufacturing industry.

NR 440.647   Volatile organic compound (VOC) emissions from the polymer manufacturing industry.

NR 440.65   Flexible vinyl and urethane coating and printing.

NR 440.66   Equipment leaks of VOC in petroleum refineries.

NR 440.67   Synthetic fiber production facilities.

NR 440.675   Volatile organic compound (VOC) emissions from the synthetic organic chemical manufacturing industry (SOCMI) air oxidation unit processes.

NR 440.68   Petroleum dry cleaners.

NR 440.682   Equipment leaks of VOC from onshore natural gas processing plants.

NR 440.684   Onshore natural gas processing: SO2 emissions.

NR 440.686   Volatile organic compound (VOC) emissions from synthetic organic chemical manufacturing industry (SOCMI) distillation operations.

NR 440.688   Nonmetallic mineral processing plants.

NR 440.69   Wool fiberglass insulation manufacturing plants.

NR 440.70   VOC emissions from petroleum refinery wastewater systems.

NR 440.705   Volatile organic compound emissions from synthetic organic chemical manufacturing industry (SOCMI) reactor processes.

NR 440.71   Magnetic tape coating facilities.

NR 440.72   Industrial surface coating: surface coating of plastic parts for business machines.

NR 440.73   Calciners and dryers in mineral industries.

NR 440.74   Polymeric coating of supporting substrates facilities.

NR 440.75   Municipal solid waste landfills.

NR 440.76   Small municipal waste combustion units for which construction is commenced after August 30, 1999 or for which modification or reconstruction is commenced after June 6, 2001.

NR 440.77   Commercial and Industrial Solid Waste Incineration Units for Which Construction is Commenced After November 30, 1999 or for Which Modification or Reconstruction is Commenced on or After June 1, 2001.

Ch. NR 440 Note Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1997, No. 496.

subch. I of ch. NR 440 Subchapter I — General Provisions

NR 440.01 NR 440.01 Applicability; purpose.

NR 440.01(1) (1) Applicability. On and after February 1, 1984 the provisions of this chapter apply to the owner or operator of any stationary source which contains an affected facility.

NR 440.01(2) (2) Purpose. This chapter is adopted to enable the department to implement and enforce standards of performance for new stationary sources promulgated by the United States environmental protection agency under section 111 of the federal clean air act, (42 USC 7411) as required by s. 285.27 (1), Stats.

NR 440.01 Note Note: This chapter is based on the federal regulations contained in 40 CFR part 60. Sections of this chapter correspond to the subparts of 40 CFR part 60 as indicated in the following table:

NR 440.01 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; CR 06-109: cr. (2) (note) Register May 2008 No. 629, eff. 6-1-08.

NR 440.02 NR 440.02 Definitions. The definitions contained in s. NR 400.02 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter:

NR 440.02(3) (3) “Affected facility” means, with reference to a stationary source, any apparatus to which a standard set out in this chapter is applicable.

NR 440.02(5) (5) “Alternative method” means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method but which has been demonstrated to the administrator’s satisfaction to produce, in specific cases, results adequate for his or her determination of compliance.

NR 440.02(5m) (5m) “Calendar year” means 365 consecutive days, or 366 consecutive days for leap years, starting on January 1 and ending on December 31.

NR 440.02(6) (6) “Capital expenditure” means an expenditure for a physical or operational change to an existing facility which exceeds the product of the applicable “annual asset guideline repair allowance percentage” specified in the latest edition of internal revenue service (IRS) publication 534 and the existing facility’s basis, as defined by 26 USC 1012. However, the total expenditure for a physical or operational change to an existing facility may not be reduced by any“excluded additions” as defined in IRS publication 534, as would be done for tax purposes.

NR 440.02(6m) (6m) “Clean coal technology demonstration project” means a project using funds appropriated under the heading ‘Department of Energy Clean Coal Technology’, up to a total amount of $2,500,000,000 for commercial demonstrations of clean coal technology, or similar projects funded through appropriations for the U.S. environmental protection agency.

NR 440.02(7) (7) “Commenced” means, with respect to the definition of “new source” in sub. (18), that an owner or operator has undertaken a continuous program of construction or modification or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or modification.

NR 440.02(8) (8) “Construction” means fabrication, erection or installation of an affected facility.

NR 440.02(9) (9) “Continuous monitoring system” means the total equipment, required under the emission monitoring subsections in applicable sections of this chapter, used to sample and condition (if applicable), to analyze, and to provide a permanent record of emissions or process parameters.

NR 440.02(10) (10) “Electric utility steam generating unit” means any steam electric generating unit that is constructed for the purpose of supplying more than one third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.

NR 440.02(11) (11) “Equivalent method” means any method of sampling and analyzing for an air pollutant which has been demonstrated to the administrator’s satisfaction to have a consistent and quantitatively known relationship to the reference method, under specified conditions.

NR 440.02(12) (12) “Excess emissions and monitoring system performance report” means a report that must be submitted periodically by a source in order to provide data on its compliance with stated emission limits and operating parameters, and on the performance of its monitoring systems.