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. NR 445.09(4)(a)3.c.c. Submit in writing to the department no later than January 31, 2011 a confirmation that the engine ceased operating on or before December 31, 2010. NR 445.09(4)(b)(b) An owner or operator complying with an emission rate requirement in sub. (3) (a) 3. or 4. shall achieve compliance and submit all of the information in par. (a) 1. a. to L. in writing to the department no later than 10 calendar days after startup. A copy of the information shall also be maintained at the location where the engine is operated. NR 445.09(4)(c)(c) An owner or operator complying with the best available control technology requirement in sub. (3) (a) 3. or 4., or a facility constructed or last modified after July 1, 2004, subject to sub. (3) (c), shall submit information describing how the best available control technology requirement will be met in a permit application in accordance with s. NR 406.03. Compliance with the best available control technology requirement shall be achieved and demonstrated in accordance with the permit. NR 445.09 NoteNote: Section NR 406.03 requires that owners or operators receive a construction permit prior to commencing operation of the source. NR 445.09(4)(d)(d) The owner or operator of a facility constructed or last modified before July 1, 2004, subject to sub. (3) (c) shall do both of the following: NR 445.09(4)(d)2.2. Submit information describing how the best available control technology requirement will be met on the application forms 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 445.09(4)(e)(e) Any submission made under this subsection shall be signed by the responsible official designated by the owner or operator of source for this purpose, with a dated statement that the information submitted is accurate to the best of the responsible official’s knowledge and belief and that all of the requirements of this section have been met. NR 445.09 NoteNote: The address for submission of information under pars. (a) and (b) is:
Wisconsin Department of Natural Resources
Bureau of Air Management
PO Box 7921
Madison WI 53707-7921
Attention: Compression Ignition Engine Notification.
Application forms for pars. (c) and (d) may be obtained from, and submitted to:
Wisconsin Department of Natural Resources
Bureau of Air Management
PO Box 7921
Madison WI 53707-7921
Attention: Construction Permit (or) Attention: Operation Permit (as appropriate).
NR 445.09(5)(a)(a) An owner or operator choosing to comply with the 85% control requirement of sub. (3) (a) 1. shall, for each engine, comply with the requirements of ss. NR 439.06 and 439.07. The particulate matter emission reduction across a control device shall be determined by the following equation: % reduction = 100 x (baseline emissions – controlled emissions)/(baseline emissions)
NR 445.09(5)(b)(b) Testing under par. (a) shall be conducted prior to the submission deadline in sub. (4) (a) 2. Subsequent testing and notification shall be conducted whenever the particulate matter emission control device used to achieve the 85% emission reduction is replaced. The department shall be notified of the results of subsequent tests in writing no later than 60 calendar days after the completion of the test. NR 445.09(6)(6) Recordkeeping. In addition to meeting the recordkeeping requirements of s. NR 439.04 (1) and (2), an owner or operator shall: NR 445.09(6)(a)(a) Keep records of maintenance performed on any particulate matter emission control device used to comply with sub. (3). NR 445.09(6)(b)(b) For any engine that stays or that is intended to stay in a single location for any 12 consecutive month period, keep the following records: NR 445.09(6)(b)1.1. The amount of fuel oil combusted on a monthly basis for any engine not using a certified control device. NR 445.09(6)(b)2.2. The power rating and days of operation of any CI engine used to substitute power under sub. (1) (d). NR 445.09 HistoryHistory: CR 02-097: cr. Register June 2004 No. 582, eff. 7-1-04; CR 07-076: am. (1) (e) 1. (intro.) and 2. (intro.) Register July 2008 No. 631, eff. 8-1-08; CR 15-005: am. (1) (c), (2), cr. (3) (d) Register November 2015 No. 719, eff. 12-1-15. NR 445.10NR 445.10 Control and compliance requirements for the handling and storage of coal. NR 445.10(1)(1) Applicability. This section applies to the owner or operator of any stationary source that handles or stores 1,000 tons or more of coal in any 12 consecutive month period. NR 445.10(2)(2) Requirements for outdoor fugitive coal dust emissions. No later than June 30, 2007, the owner or operator of a source that handles coal or maintains a coal storage pile shall achieve compliance with this section by doing all of the following: NR 445.10(2)(a)(a) Having the ability to control, in a timely manner, outdoor fugitive coal dust emissions in an effort to prevent emissions off the source property. NR 445.10 NoteNote: Examples of measures that would meet the ability to control requirement include active measures such as the application of water or chemical dust suppressants, passive measures such as the use of enclosed delivery or handling systems or solid fencing, or access to third-parties to provide dust suppression, as appropriate. The intent of this section is to allow facilities that suppress dust using water to manage the amount of water applied to avoid potential boiler, handling, or other operational problems, as long as there is sufficient dust control so as not to cause excessive outdoor fugitive coal dust emissions.
NR 445.10(2)(b)(b) Developing and implementing a plan to control outdoor fugitive coal dust emissions in an effort to prevent emissions off the source property. The plan shall include all of the following: NR 445.10(2)(b)1.1. Identification of all sources of outdoor fugitive coal dust emissions from coal handling and coal storage piles on the source property. NR 445.10(2)(b)2.2. A description of the measures that can be taken to control, in a timely manner, outdoor fugitive coal dust emissions from all sources identified under subd. 1. under the following conditions:
