NR 445.08 NoteNote: Par. (c) was repealed by 2011 Wis. Act 122. On May 24, 2011, the Joint Committee for the Review of Administrative Rules (JCRAR) adopted a motion under s. 227.26 (2) (d), Stats., that suspended s. NR 445.08 (3) (c) in its entirety. Pursuant to s. 227.26 (2) (f), Stats., JCRAR introduced 2011 Assembly Bill 195 and 2011 Senate Bill 138, in support of the JCRAR suspension. 2011 Senate Bill 138 was enacted, effective March 22, 2012, resulting in the repeal of the rules as suspended by the May 24, 2011 JCRAR motion, as provided in s. 227.26 (2) (i), Stats., and creating s. 285.28, Stats., as set forth below. NR 445.08 Note285.28 Agricultural waste; hazardous air contaminants. The department may not regulate the emission of hazardous air contaminants associated with agricultural waste except to the extent required by federal law.
NR 445.08 NoteNote: NR 445 was not developed with the purpose of regulating emissions of hazardous air contaminants associated with agricultural waste or byproducts. The department believes that using best management practices is the preferred approach to regulate and control emissions from these types of sources. Accordingly, the department intends to participate in the development of best management practices to regulate and control emissions from such sources by July 31, 2011.
NR 445.08(4)(4) Enforceable limitations. Any limitation elected under this section shall be placed in a permit or general or special order. NR 445.08(5)(5) Determination of hazardous air contaminant emissions and concentrations. For the purpose of determining emissions and concentrations of hazardous air contaminants under this subchapter, the owner or operator of a source: NR 445.08(5)(a)(a) May rely on information on an approved material safety data sheet if the approved material safety data sheet lists a hazardous air contaminant listed in Table A, B or C of s. NR 445.07 and for each hazardous air contaminant with a standard expressed as an ambient air concentration in column (g) of Table A, B or C constitutes 1% (10,000 parts per million) or more of the material, or for each hazardous air contaminant with a standard expressed as a control requirement in column (i) of Table A, B or C constitutes 0.1% (1,000 parts per million) or more of the material. If an approved material safety data sheet for a material does not list a hazardous air contaminant in Table A, B or C of s. NR 445.07 at or above the amounts listed in this paragraph, the material will be presumed not to result in emissions of a hazardous air contaminant unless a hazardous air contaminant is formed in processing the material. NR 445.08(5)(b)(b) May rely upon mass balance or other use, consumption and analytical methodologies for calculating potential or theoretical emissions. However, the department may require that a stack test be conducted to affirm the accuracy of emission estimations. NR 445.08(5)(c)(c) Is not required to consider emissions resulting directly from naturally occurring constituents in windblown soil. NR 445.08(5)(d)(d) May rely on information generated by either the EPA screening or refined dispersion model to demonstrate either of the following: NR 445.08(5)(d)1.1. Concentrations of each hazardous air contaminant will not exceed the ambient standard in column (g) of Table A or B of s. NR 445.07. NR 445.08 NoteNote: Contact the Permits and Stationary Source Modeling Section of the Bureau of Air Management, 608-266-7718 for additional information regarding procedures and protocols associated with US EPA screening and air dispersion models.
NR 445.08(6)(6) Compliance deadlines, recordkeeping and reporting requirements. NR 445.08(6)(a)(a) Except as provided for agricultural waste in par. (d), the owner or operator of a source subject to an emission limitation or control requirement in s. NR 445.07 and constructed or last modified on or after July 1, 2004, shall achieve compliance upon startup of the source. NR 445.08(6)(b)(b) The owner or operator of a source constructed or last modified prior to July 1, 2004, with non-exempt, potential to emit emissions of a hazardous air contaminant less than or equal to the applicable threshold in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07 shall maintain records in accordance with s. NR 439.04 (1) and (2) starting no later than June 30, 2007. NR 445.08(6)(c)(c) Except as provided for agricultural waste in par. (d), the owner or operator of a source constructed or last modified prior to July 1, 2004, with non-exempt, potential to emit emissions of a hazardous air contaminant greater than the applicable threshold in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07 or subject to s. NR 445.07 (4) shall do all of the following: NR 445.08(6)(c)2.2. Achieve compliance with applicable emission limitations and control requirements in accordance with subs. (1) and (2) no later than June 30, 2007. NR 445.08(6)(d)2.2. Emissions of hazardous air contaminants associated with agricultural waste are exempt from the requirements in this chapter. NR 445.08 NoteNote: Subd. 2. is shown as affected by 2011 Wis. Act 122. Par. (d) 1. and 2. a. and b. were repealed by 2011 Wis. Act 122. On May 24, 2011, the Joint Committee for the Review of Administrative Rules (JCRAR) adopted a motion under s. 227.26 (2) (d), Stats., that suspended s. NR 445.08 (6) (d) 1. and 2. a. and b. in their entirety and (d) 2. (intro.) in part as shown below. Pursuant to s. 227.26 (2) (f), Stats., JCRAR introduced 2011 Assembly Bill 195 and 2011 Senate Bill 138, in support of the JCRAR suspension. 2011 Senate Bill 138 was enacted, effective March 22, 2012, resulting in the repeal of the rules as suspended by the May 24, 2011 JCRAR motion, as provided in s. 227.26 (2) (i), Stats., and creating s. 285.28, Stats., as set forth below. NR 445.08 NoteNR 445.08 (6) (d) 2. Emissions of hazardous air contaminants associated with agricultural waste from a source constructed or last modified prior to July 31, 2011, are exempt from the requirements in this chapter until July 31, 2011. Subsequently, the owner or operator of the source shall do both of the following if non-exempt, potential to emit emissions of a hazardous air contaminant from agricultural waste are greater than an applicable threshold in column (c), (d), (e) or (f) of Table A of s. NR 445.07: NR 445.08 Note285.28 Agricultural waste; hazardous air contaminants. The department may not regulate the emission of hazardous air contaminants associated with agricultural waste except to the extent required by federal law.
NR 445.08(7)(7) Compliance demonstration and notification requirements. The owner or operator of any source required to achieve compliance in accordance with the schedule in sub. (6) (c) shall demonstrate compliance by doing the following as applicable: NR 445.08(7)(a)(a) Submit the information required under sub. (6) (c) 1. on the application form required for an operation permit, an amendment to an application, renewal of the operation permit, or for a significant revision under s. NR 407.13, as applicable. NR 445.08(7)(b)(b) For all sources, submit all of the following information to the department: NR 445.08(7)(b)1.1. The hazardous air contaminants in Table A, B and C of s. NR 445.07 the facility is capable of emitting in an amount greater than the threshold value listed for the contaminant in the applicable table. NR 445.08(7)(b)2.2. The emission limitation applicable to each hazardous air contaminant identified under subd. 1. NR 445.08(7)(b)3.3. The method or combination of methods used for achieving compliance under sub. (2) or (3) with the applicable standard for each hazardous air contaminant. NR 445.08(7)(b)4.4. A description of the records that will be kept on site to verify continuous compliance for each hazardous air contaminant with its applicable standard. NR 445.08(7)(b)5.5. A signed and dated statement by the responsible official stating that the information is accurate to the best of his or her knowledge and belief, and that all of the requirements of this subchapter have been met. NR 445.08 NoteNote: Application forms for par. (a) may be obtained from, and submitted to, the regional offices and service centers of the department or:
Wisconsin Department of Natural Resources
Bureau of Air Management
PO Box 7921
Madison WI 53707-7921
Attention: Operation Permits.
The address for submittal of information under par. (b) is:
Wisconsin Department of Natural Resources
Bureau of Air Management
PO Box 7921
Madison WI 53707-7921
Attention: NR 445 Compliance Notifications.
NR 445.08(8)(8) Department review. The department shall review information submitted to comply with sub. (6) (c) 1. to determine whether to approve, conditionally approve or disapprove the source’s method to meet applicable control requirements. NR 445.08(9)(9) Extensions to compliance schedule. The department may, at the request of the owner or operator of a source, grant an extension of any applicable compliance deadline in sub. (6) (b) or (c) 1. or 2. or s. NR 445.09 (4) (a) or (b) for a period not to exceed 180 calendar days. NR 445.08(10)(a)(a) Notwithstanding the compliance deadline in sub. (6) (c) 2., a source needing department approval under sub. (8) shall achieve final compliance with applicable control requirements by the later of: NR 445.08(10)(b)(b) The owner or operator of a source that achieved compliance with requirements of this chapter by installing emission control equipment prior to July 1, 2004 may not be required to install additional control equipment to achieve compliance with this chapter for a period of 10 years after the installation of the control equipment or the useful life of the control equipment as determined by the department, whichever is less. For the purposes of this paragraph, increasing stack height, other dilution measures or material reformulation may not be construed as installation of emission control equipment. Material reformulation that requires substantial capital expenditures for process equipment that was carried out with prior department approval and that results in a reduction of emissions of hazardous air contaminants that is sufficient to comply with the limitations of this chapter may be construed as installation of emission control equipment under this paragraph. NR 445.08 HistoryHistory: CR 02-097: cr. Register June 2004 No. 582, eff. 7-1-04; CR 07-076: am. (6) (d) 1., 2. (intro.), a. and (10) (b) Register July 2008 No. 631, eff. 8-1-08; 2011 Wis. Act 122: r. (3) (c), (6) (d) 1., 2. (intro.) (in part) a., b.; s. 35.17 correction in (6) (c) 2. made under s. 35.17, Stats., Register March 2016 No. 723. NR 445.09NR 445.09 Fuel, control and compliance requirements for compression ignition internal combustion engines combusting fuel oil. NR 445.09(1)(1) Applicability. This section applies to any compression ignition internal combustion engine that is capable of combusting fuel oil, except for any of the following: NR 445.09(1)(a)(a) An engine with rated brake power less than 100 horsepower. NR 445.09(1)(d)(d) An engine manufactured after July 1, 2004 installed to provide substitute power during maintenance or repair of a CI engine subject to sub. (3) (a), provided the substitute engine has a power rating equal to or less than the existing engine, operates less than 10 consecutive days per substitution and meets the fuel requirement in sub. (2). NR 445.09(1)(e)(e) An engine that meets the fuel requirement in sub. (2) and is approved by US EPA to meet either of the following: NR 445.09(1)(e)1.1. The Tier 2 particulate emission standard for nonroad engines as found in 40 CFR part 89 for an engine that meets either of the following: NR 445.09(1)(e)1.a.a. Is purchased prior to January 1, 2011 and rated at 175 horsepower or greater. NR 445.09(1)(e)1.b.b. Is purchased prior to January 1, 2012 and rated from 100 to less than 175 horsepower. NR 445.09(1)(e)2.a.a. Is purchased on or after January 1, 2011 and rated at 175 horsepower or greater. NR 445.09(1)(e)2.b.b. Is purchased on or after January 1, 2012 and rated from 100 to less than 175 horsepower. NR 445.09(2)(2) Fuel requirements. The owner or operator of a compression ignition engine may not combust fuels with a sulfur content greater than 15 ppm unless particulate matter emissions are controlled as required under sub. (3) (d). NR 445.09(3)(a)(a) The owner or operator of a CI engine that stays, or that is intended to stay, in a single location for any 12 consecutive month period, and that combusts or intends to combust 10,000 gallons or more of fuel oil during that period of time, shall do one of the following as appropriate: NR 445.09(3)(a)1.1. For an engine manufactured or last rebuilt prior to January 1, 1995, install, operate and maintain a control device that achieves at least 85% overall control of particulate matter emissions or a certified control device that has an overall level of particulate matter emission control that is great enough to ensure that one of the following emission rates is achieved: NR 445.09(3)(a)1.a.a. 0.10 grams per brake horsepower-hour for engines rated from 100 to 750 horsepower. NR 445.09(3)(a)1.b.b. 0.03 grams per brake horsepower-hour engines rated at greater than 750 horsepower. NR 445.09(3)(a)2.2. For an engine manufactured or last rebuilt on or after January 1, 1995 and prior to July 1, 2006, install, operate and maintain a certified control device that has an overall level of control that is great enough to ensure that the applicable emission rate in subd. 1. a. or b. is achieved. NR 445.09(3)(a)3.3. For an engine manufactured or last rebuilt on or after July 1, 2006 and prior to July 1, 2010, either control particulate matter emissions to a level that is the best available control technology or install, operate and maintain a certified control device that has an overall level of particulate matter emission control that is great enough to ensure that an emission rate of 0.03 grams per brake horsepower-hour is achieved. NR 445.09(3)(a)4.4. For an engine manufactured or last rebuilt on or after July 1, 2010, either control particulate matter emissions to a level that is the best available control technology or install, operate and maintain a certified control device that has an overall level of particulate matter emission control that is great enough to ensure that an emission rate of 0.01 grams per brake horsepower-hour is achieved. NR 445.09 NoteNote: Upon request the department will provide information on the availability of control technology to meet the requirements in par. (a). Contact the Bureau of Air Management, 608-266-7718, for additional information.
NR 445.09(3)(b)(b) Paragraph (a) notwithstanding, the department may approve the use of an alternative or equivalent control method to any certified control device specified in par. (a) 1., 2., 3. or 4. NR 445.09(3)(c)(c) The owner or operator of a facility that conducts any testing involving the operation of an engine or group of engines subject to this section where the engine or engines combust, in the aggregate, 40,000 gallons or more of fuel oil in any 12 consecutive month period shall control particulate matter emissions from the facility from the engine or engines subject to this section to a level that is the best available control technology. NR 445.09(3)(d)(d) Notwithstanding par. (a), the owner or operator of a facility that combusts fuels with a sulfur content greater than 15 ppm as allowed under sub. (2) shall control particulate matter emissions to a level that is best available control technology, as determined by the department. The owner or operator shall submit a construction permit application including information describing how the best available control technology requirements will be met. Compliance with the best available control technology shall be achieved and demonstrated in accordance with the permit. NR 445.09(4)(4) Compliance demonstration, notification requirements and schedule. NR 445.09(4)(a)1.1. Except as provided for in subd. 3., an owner or operator complying with an emission rate requirement in sub. (3) (a) 1. or 2. shall achieve compliance and submit in writing to the department no later than June 30, 2007, all of the information in this subd. 1. a. to L. A copy of the information shall also be maintained at the location where the engine is operated. NR 445.09(4)(a)1.a.a. Company name, contact name, phone number and address of the owner or operator of the engine. NR 445.09(4)(a)1.j.j. The manufacturer’s performance warranty for the control device expressed as a particulate matter emission rate in grams per brake horsepower-hour. NR 445.09(4)(a)1.k.k. The test method used by the manufacturer to determine the particulate matter emission rate in the manufacturer’s performance warranty for the control device. NR 445.09(4)(a)2.2. Except as provided for in subd. 3., an owner or operator complying with the 85% control requirement in sub. (3) (a) 1. shall achieve compliance and submit in writing to the department no later than June 30, 2007, the information in subd. 1. a. to i. and the results of an emission test conducted to demonstrate compliance with the requirement. A copy of the test results shall also be maintained at the location where the engine is operated. NR 445.09(4)(a)3.3. Subdivisions 1. or 2. notwithstanding, an owner or operator of an engine manufactured or last rebuilt prior to July 1, 2004, may, in lieu of meeting the applicable control requirement in sub. (3) (a) 1. or 2., operate the engine until January 1, 2011 without a particulate matter control device, provided they do all of the following: NR 445.09(4)(a)3.a.a. Submit in writing to the department no later than June 30, 2007, a statement relaying their intent to cease operating the engine before January 1, 2011 and the information in subd. 1. a. to f.
