Chapter NR 440

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.

NR 440.02(13) (13) “Existing facility” means, with reference to a stationary source, any apparatus of the type for which a standard is promulgated in this chapter, and the construction or modification of which was commenced before the applicability date of that standard; or any apparatus which could be altered in such a way as to be of that type.

NR 440.02(13m) (13m) “Existing unit”, for purposes of s. NR 440.14 (10), has the meaning given in s. NR 409.02 (39).

NR 440.02(14) (14) “Isokinetic sampling” means sampling in which the linear velocity of the gas entering the sampling nozzle is equal to that of the undisturbed gas stream at the sample point.

NR 440.02(15) (15) “Malfunction” means any sudden, infrequent and not reasonably preventable failure of air pollution control equipment, process equipment or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

NR 440.02(15m) (15m) “Method X,” where “X” is a number or a number followed by a letter, means the specified method contained in Appendix A of 40 CFR part 60, incorporated by reference in s. NR 440.17.

NR 440.02(16) (16) “Modification” means any physical change in, or change in the method of operation of, an existing facility which increases the amount of any air pollutant (to which a standard applies) emitted into the atmosphere by that facility or which results in the emission of any air pollutant (to which a standard applies) into the atmosphere not previously emitted.

NR 440.02(17) (17) “Monitoring device” means the total equipment, required under the monitoring of operations subsections in applicable sections of this chapter, used to measure and, if applicable, record process parameters.

NR 440.02(18) (18) “New source” means any stationary source, the construction or modification of which is commenced after the applicability date of a standard of performance in this chapter which will be applicable to the source.

NR 440.02(18m) (18m) “New unit”, for purposes s. NR 440.14 (10), has the meaning given in s. NR 409.02 (49).

NR 440.02(19) (19) “Nitrogen oxides” means all oxides of nitrogen except nitrous oxide, as measured by test methods set forth in this chapter or incorporated by reference in this chapter by s. NR 440.17.

NR 440.02(20) (20) “One-hour period” means any 60-minute period commencing on the hour.

NR 440.02(22) (22) “Owner or operator” means any person who owns, leases, operates, controls or supervises an affected facility or a stationary source of which an affected facility is a part.

NR 440.02(23) (23) “Particulate matter” means any finely divided solid or liquid material, other than uncombined water, as measured by the reference methods specified under each applicable section of this chapter, or an equivalent or alternative method.

NR 440.02(25) (25) “Proportional sampling” means sampling at a rate that produces a constant ratio of sampling rate to stack gas flow rate.

NR 440.02(25m) (25m) “Reactivation of a very clean coal fired electric utility steam generating unit” means any physical change or change in the method of operation associated with the commencement of commercial operations by a coal fired utility unit after a period of discontinued operation where the unit:

NR 440.02(25m)(a) (a) Has not been in operation for the 2 year period prior to the enactment of the clean air act amendments of 1990, and the emissions from the unit continue to be carried in the department’s emissions inventory at the time of enactment;

NR 440.02(25m)(b) (b) Was equipped prior to shutdown with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than 85% and a removal efficiency for particulates of no less than 98%.

NR 440.02(25m)(c) (c) Is equipped with low NOx burners prior to the time of commencement of operations following reactivation; and

NR 440.02(25m)(d) (d) Is otherwise in compliance with the requirements of the act.

NR 440.02(26) (26) “Reference method” means any method of sampling and analyzing for an air pollutant as specified in the applicable section.

NR 440.02(26m) (26m) “Repowering” means replacement of an existing coal fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal fired turbines, integrated gasification fuel cells, or as determined by the administrator of the U.S. environmental protection agency, in consultation with the secretary of energy, a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990. Repowering shall also include any oil, oil and gas or gas fired unit which has been awarded clean coal technology demonstration funding as of January 1, 1991 by the United States department of energy.

NR 440.02(27) (27) “Run” means the net period of time during which an emission sample is collected. Unless otherwise specified, a run may be either intermittent or continuous within the limits of good engineering practice.

NR 440.02(28) (28) “Shutdown” means the cessation of operation of an affected facility for any purpose.

NR 440.02(29) (29) “Six-minute period” means any one of the 10 equal parts of a one-hour period.

NR 440.02(30) (30) “Standard” means a standard of performance set out in ss. NR 440.19 to 440.74.

NR 440.02(33) (33) “Startup” means the setting in operation of an affected facility for any purpose.

NR 440.02(34) (34) “Stationary source” means any building, structure, facility or installation which emits or may emit any air pollutant.

NR 440.02(35) (35) “Volatile organic compound” or “VOC” means any organic compound which participates in atmospheric photochemical reactions, or which is measured by a reference method, an equivalent method, an alternative method, or which is determined by procedures specified under any section of this chapter.

NR 440.02 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. (intro.), (1), (5), (11) and (35), r. (24), Register, September, 1990, No. 417; renum. (12) to be (13), cr. (12) and (15m), am. (26), Register, July, 1993, No. 451, eff. 8-1-93; am. (intro.), r. (1), (2), (15), (31), cr. (6m), (13m), (18m), (25m), (26m), r. and recr. (10), renum. (21) to be NR 400.02 (60m) and am., Register, December, 1995, No. 480, eff. 1-1-96; CR 06-109: cr. (5m) and (15) Register May 2008 No. 629, eff. 6-1-08.