Chapter NR 440

NR 440.64(6)(c)4. 4. Corrective Action (date each leak repaired; reasons for any repair interval in excess of 15 days).

NR 440.64(6)(c)5. 5. Inspector Name and Signature.

NR 440.64(6)(d) (d) The terminal owner or operator shall keep documentation of all notifications required under sub. (3) (e) 4. on file of the terminal for at least 2 years.

NR 440.64(6)(e) (e) As an alternative to keeping records at the terminal of each gasoline cargo tank test result as required in pars. (a), (c) and (d), an owner or operator may comply with the requirements in either subd. 1. or 2.

NR 440.64(6)(e)1. 1. An electronic copy of each record is instantly available at the terminal and the following conditions are met:

NR 440.64(6)(e)1.a. a. The copy of each record is an exact duplicate image of the original paper record with certifying signatures.

NR 440.64(6)(e)1.b. b. The department is notified in writing that each terminal using this alternative is in compliance with this subdivision.

NR 440.64(6)(e)2. 2. For facilities that utilize a terminal automation system to prevent gasoline cargo tanks that do not have valid cargo tank vapor tightness documentation from loading (for example, via a card lock-out system), a copy of the documentation is made available (for example, via facsimile) for inspection by department representatives during the course of a site visit, or within a mutually agreeable time frame and the following conditions are met:

NR 440.64(6)(e)2.a. a. The copy of each record is an exact duplicate image of the original paper record with certifying signatures.

NR 440.64(6)(e)2.b. b. The department is notified in writing that each terminal using this alternative is in compliance with this subdivision.

NR 440.64(6)(f) (f) The owner or operator of an affected facility shall keep records of all replacements or additions of components performed on an existing vapor processing system for at least 3 years.

NR 440.64(7) (7) Reconstruction. For purposes of this section:

NR 440.64(7)(a) (a) The cost of the following frequently replaced components of the affected facility may not be considered in calculating either the “fixed capital cost of the new components” or the “fixed capital costs that would be required to construct a comparable entirely new facility” under s. NR 440.15: pump seals, loading arm gaskets and swivels, coupler gaskets, overfill sensor couplers and cables, flexible vapor hoses and grounding cables and connectors.

NR 440.64(7)(b) (b) Under s. NR 440.15, the “fixed capital cost of the new components” includes the fixed capital cost of all depreciable components, except components specified in par. (a), which are or will be replaced pursuant to all continuous programs of component replacement which are commenced within any 2-year period following December 17, 1980. For purposes of this paragraph “commenced” means that an owner or operator has undertaken a continuous program of component replacement or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of component replacement.

NR 440.64 History History: Cr. Register, September, 1986, No. 369, eff. 10-1-86; am. (2) (intro.), (3) (i) and (7) ()a), renum. (2) (d) to NR 400.02 (43), Register, September, 1990, No. 417, eff. 10-1-90; am. (3) (h) and (7) (b), r. and recr. (4), Register, July, 1993, No. 451, eff. 8-1-93; CR 06-109: cr. (2) (d) and (hm), (3) (e) 3. a. 1) and 2) and b., (4) (e) and (f) and (6) (e), am. (2) (L), (3) (e) 4., renum. (3) (e) 3. to be (3) (e) 3. a. (intro.) and am. Register May 2008 No. 629, eff. 6-1-08.

NR 440.642 NR 440.642 New residential wood heaters.

NR 440.642(1) (1) Applicability and designation of affected facility.

NR 440.642(1)(a) (a) The affected facility to which the provisions of this section apply is each wood heater manufactured on or after July 1, 1988, or sold at retail on or after July 1, 1990. The provisions of this section do not apply to wood heaters constructed prior to July 1, 1988, that are or have been owned by a noncommercial owner for personal use.

NR 440.642(1)(b) (b) Each affected facility shall comply with the applicable emission limits in sub. (3) unless exempted under par. (e), (f), (g) or (h).

NR 440.642(1)(e) (e) Affected facilities manufactured in the U.S. for export are exempt from the applicable emission limits of sub. (3) and the requirements of sub. (4).

NR 440.642(1)(f) (f) A wood heater used for research and development purposes that is never offered for sale or sold is exempt from the applicable emission limits of sub. (3) and the requirements of sub. (4). No more than 50 wood heaters manufactured per model line may be exempted for this purpose.

NR 440.642(1)(g) (g) A coal-only heater is exempt from the applicable emission limits of sub. (3) and the requirements of sub. (4).

NR 440.642(1)(h) (h) The following are not affected facilities and are not subject to this section:

NR 440.642(1)(h)1. 1. Open masonry fireplaces constructed on site.

NR 440.642(1)(h)2. 2. Boilers,

NR 440.642(1)(h)3. 3. Furnaces, and

NR 440.642(1)(h)4. 4. Cookstoves.

NR 440.642(1)(i) (i) Modification or reconstruction, as defined in ss. NR 440.14 and 440.15, does not, by itself, make a wood heater an affected facility under this section.

NR 440.642(2) (2) Definitions. As used in this section, terms not defined in this subsection have the meanings given in s. NR 440.02.

NR 440.642(2)(a) (a) “At retail” means the sale by a commercial owner of a wood heater to the ultimate purchaser.

NR 440.642(2)(b) (b) “Boiler” means a solid burning appliance used primarily for heating spaces, other than the space where the appliance is located, by the distribution through pipes of a gas or fluid heated in the appliance. The appliance shall be tested and listed as a boiler under accepted American or Canadian safety testing codes. A manufacturer may request an exemption in writing from the administrator by stating why the testing and listing requirement is not practicable and by demonstrating that this appliance is otherwise a boiler.

NR 440.642(2)(c) (c) “Coal-only heater” means an enclosed, coal-burning appliance capable of space heating, or domestic water heating, which has all of the following characteristics:

NR 440.642(2)(c)1. 1. An opening for emptying ash that is located near the bottom or the side of the appliance.

NR 440.642(2)(c)2. 2. A system that admits air primarily up and through the fuel bed.

NR 440.642(2)(c)3. 3. A grate or other similar device for shaking or disturbing the fuel bed or power-driven mechanical stoker.

NR 440.642(2)(c)4. 4. Installation instructions that state that the use of wood in stove, except for coal ignition purposes, is prohibited by law, and

NR 440.642(2)(c)5. 5. The model is listed by a nationally recognized safety-testing laboratory for use of coal only, except for coal ignition purposes.

NR 440.642(2)(d) (d) “Commercial owner” means any person who owns or controls a wood heater in the course of the manufacture, importation, distribution, or sale of the wood heater.

NR 440.642(2)(e) (e) “Cookstove” means a wood-fired appliance that is designed primarily for cooking food and that has the following characteristics:

NR 440.642(2)(e)1. 1. An oven, with a volume of 0.028 cubic meters (1 cubic foot) or greater, and an oven rack,

NR 440.642(2)(e)2. 2. A device for measuring oven temperatures,

NR 440.642(2)(e)3. 3. A flame path that is routed around the oven,

NR 440.642(2)(e)4. 4. A shaker grate,

NR 440.642(2)(e)5. 5. An ash pan,

NR 440.642(2)(e)6. 6. An ash clean-out door below the oven, and

NR 440.642(2)(e)7. 7. The absence of a fan or heat channels to dissipate heat from the appliance.

NR 440.642(2)(f) (f) “Furnace” means a solid fuel burning appliance that is designed to be located outside of ordinary living areas and that warms spaces other than the space where the appliance is located by the distribution of air heated in the appliance through ducts. The appliance shall be tested and listed as a furnace under accepted American or Canadian safety testing codes unless exempted from this provision by the administrator. A manufacturer may request an exemption in writing from the administrator by stating why the testing and listing requirement is not practicable and by demonstrating that the appliance is otherwise a furnace.

NR 440.642(2)(g) (g) “Manufactured” means completed and ready for shipment (whether or not packaged).

NR 440.642(2)(h) (h) “Manufacturer” means any person who constructs or imports a wood heater.

NR 440.642(2)(i) (i) “Model line” means all wood heaters offered for sale by a single manufacturer that are similar in all material respects.

NR 440.642(2)(j) (j) “Representative affected facility” means an individual wood heater that is similar in all material respects to other wood heaters within the model line it represents.

NR 440.642(2)(k) (k) “Sale” means the transfer of ownership or control, except that transfer of control may not constitute a sale for purposes of sub. (1) (f).

NR 440.642(2)(L) (L) “Similar in all material respects” means that the construction materials, exhaust and inlet air system and other design features are within the allowed tolerances for components identified in sub. (4) (k).

NR 440.642(2)(m) (m) “Wood heater” means an enclosed woodburning appliance capable of and intended for space heating or domestic water heating that meets all of the following criteria:

NR 440.642(2)(m)1. 1. An air-to-fuel ratio in the combustion chamber averaging less than 35-to-1 as determined by the test procedure prescribed in sub. (5), performed at an accredited laboratory,

NR 440.642(2)(m)2. 2. A usable firebox volume of less than 0.57 cubic meter (20 cubic feet).

NR 440.642(2)(m)3. 3. A minimum burn rate less than 5 kg/hr (11 lb/hr) as determined by the test procedure prescribed in sub. (5) performed at an accredited laboratory.

NR 440.642(2)(m)4. 4. A maximum weight of 800 kg (1,760 lb). In determining the weight of an appliance for these purposes, fixtures and devices that are normally sold separately, such as flue pipe, chimney, and masonry components that are not an integral part of the appliance or heat distribution ducting, may not be included.

NR 440.642(3) (3) Standards for particulate matter. Unless exempted under sub. (1), each affected facility:

NR 440.642(3)(b) (b) Manufactured on or after July 1, 1990, or sold at retail on or after July 1, 1992, shall comply with the following particulate matter emission limits as determined by the test methods and procedures in sub. (5):

NR 440.642(3)(b)1. 1. An affected facility equipped with a catalytic combustor may not discharge into the atmosphere any gases which contain particulate matter in excess of a weighted average of 4.1 g/hr (0.009 lb/hr). Particulate emissions during any test run at any burn rate that is required to be used in the weighted average may not exceed the value calculated for “C” (rounded to 2 significant figures) calculated using the following equation:

NR 440.642(3)(b)1.a. a. At burn rates less than or equal to 2.82 kg/hr (6.2 lb/hr),

+

=

where:

BR is the burn rate in kg/hr (lb/hr)

K1 = 3.55g/kg (0.00355 lb/lb)

K2 = 4.98 g/hr (0.0011 lb/hr)

NR 440.642(3)(b)1.b. b. At burn rates greater than 2.82 kg/hr, (6.2 lb/hr), C = 15 g/hr (0.033 lb/hr).

NR 440.642(3)(b)2. 2. An affected facility not equipped with a catalytic combustor may not discharge into the atmosphere any gases which contain particulate matter in excess of a weighted average of 7.5 g/hr (0.017 lb/hr). Particulate emissions may not exceed 15 g/hr (0.033 lb/hr) during any test run at a burn rate less than or equal to 1.5 kg/hr (3.3 lb/hr) that is required to be used in the weighted average, and particulate emissions may not exceed 18 g/hr (0.040 lb/hr) during any test burn at a burn rate greater than 1.5 kg/hr (3.3 lb/hr) that is required to be used in the weighted average.

NR 440.642(4) (4) Compliance and certification.

NR 440.642(4)(a) (a) For each model line, compliance with applicable emission limits may be determined based on testing of representative affected facilities within the model line.

NR 440.642(4)(b) (b) Any manufacturer of an affected facility may apply to the administrator for a certificate of compliance for a model line. The application shall be in writing to: Stationary Source Compliance Division (EN-341), U.S. Environmental Protection Agency, 401 M Street SW, Washington DC 20460, Attention: Wood Heater Program. The manufacturer shall submit 2 complete copies of the application and attachments. The application shall be signed by the manufacturer, or an authorized representative, and shall contain the following:

NR 440.642(4)(b)1. 1. The model name and/or design number,

NR 440.642(4)(b)2. 2. Two color photographs of the tested unit, one showing a front view and the other, a side view.

NR 440.642(4)(b)3. 3.

NR 440.642(4)(b)3.a. a. Engineering drawings and specifications of components that may affect emissions, including specifications for each component listed in par. (k). Manufacturers may use complete assembly or design drawings that have been prepared for other purposes, but should designate on the drawings the dimensions of each component listed in par. (k). Manufacturers shall identify tolerances of components of the tested unit listed in par. (k) 2. that are different from those specified in that paragraph, and show that such tolerances may not reasonably be anticipated to cause wood heaters in the model line to exceed the applicable emission limits.

NR 440.642(4)(b)3.b. b. A statement whether the firebox or any firebox component (other than one listed in par. (k) 3.) will be composed of different material from the material used for the firebox or firebox component in the wood heater on which certification testing was performed and a description of any such differences.

NR 440.642(4)(b)3.c. c. For applications to certify a model line of catalytic wood heaters to meet the emission limits in sub. (3) (b), a statement describing the manufacturer’s program to ensure consistency in the size of any gap in the catalyst bypass mechanism. The statement shall describe, in narrative form, the components of the system that affect the size of the gap, any specifications for critical dimensions of any such components, and the procedure the manufacturer will use to ensure consistency in the size of the catalyst bypass gap.

NR 440.642(4)(b)4. 4. All documentation pertaining to a valid certification test, including the complete test report and, for all test runs: raw data sheets, laboratory technician notes, calculations, and test results. Documentation shall include the items specified in the applicable test methods. Recommended formats and guidance materials are available from the administrator.

NR 440.642(4)(b)5. 5. For catalytic wood heaters, a copy of the catalytic combustor warranty,

NR 440.642(4)(b)6. 6. A statement that the manufacturer will conduct a quality assurance program for the model line which satisfies the requirements of par. (o).

NR 440.642(4)(b)7. 7. A statement describing how the tested unit was sealed by the laboratory after the completion of certification testing, and

NR 440.642(4)(b)8. 8. A statement that the manufacturer will notify the accredited laboratory if the application for certification is granted, within 30 days of receipt of notification from the U.S. environmental protection agency.

NR 440.642(4)(b)9. 9. Statements that the wood heaters manufactured under this certificate will be:

NR 440.642(4)(b)9.a. a. Similar in all material respects to the wood heater submitted for certification testing, and

NR 440.642(4)(b)9.b. b. Will be labeled as prescribed in sub. (7).

NR 440.642(4)(b)10. 10. For catalytic wood heaters, a statement that the warranty, access and inspection, and temperature monitoring provisions in pars. (c), (d), and (m) will be met.

NR 440.642(4)(b)11. 11. A statement that the manufacturer will comply with the recordkeeping and reporting requirements in sub. (8).

NR 440.642(4)(b)12. 12. A written estimate of the number of wood heaters that the manufacturer anticipates will be produced annually for the first 2 production years. Compliance with this provision may be obtained by designating one of the following ranges: