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: NR 445.10(2)(b)2.d.d. When equipment used to control outdoor fugitive coal dust emissions malfunctions. NR 445.10 NoteNote: Suppliers of coal may want to consult with users in development of the plan to ensure that use of the controls provided for in par. (a) does not result in operational problems at a source combusting coal.
Examples of periods of high activity include periods when the daily handling of coal is much greater than usual, such as when unloading a large number of coal shipments at the close of the shipping season. Examples of periods of increased probability of fugitive coal dust emissions include periods or a combination of periods of drought, freezing weather, or forecasts of high winds exceeding 25 miles per hour.
NR 445.10(2)(d)(d) Keeping a copy of the plan and records of all actions taken at the facility for inspection upon request. NR 445.10(3)(3) Requirements for non-fugitive coal dust emissions to the ambient air. No later than June 30, 2007, the owner or operator subject to this section shall, for any non-fugitive source of coal dust emissions exhausted through a fabric filter to the ambient air, do one of the following: NR 445.10(3)(a)(a) Limit visible emissions from each source to 10% opacity. NR 445.10(3)(b)(b) Limit the quantity, concentration or duration of potential to emit emissions of respirable coal dust from all sources so that ambient air concentration off the source property is less than 21.6 mg/m3 for any 24 hour averaging period. The owner or operator may rely on information generated by either the EPA screening or refined dispersion model to demonstrate meeting the concentration in this paragraph. NR 445.10(4)(4) Compliance certification. No later than June 30, 2007, the owner or operator of a source subject to this section shall certify the source’s compliance status. An owner or operator of a source that has requirements at least as stringent as the requirements in sub. (2) or (3) in a permit or order may so state in his or her certification. NR 445.10 NoteNote: This is a one-time certification. Certification forms may be obtained from, and submitted to:
Wisconsin Department of Natural Resources
Bureau of Air Management
PO Box 7921
Madison WI 53707-7921
Attention: NR 445 Certification form for handling and storage of coal.
NR 445.10 HistoryHistory: CR 02-097: cr. Register June 2004 No. 582, eff. 7-1-04. NR 445.11NR 445.11 Compliance requirements for sources of incidental emissions. NR 445.11(1)(1) The owner or operator of a facility described by a standard industrial classification code listed in Table D, as described in the Standard Industrial Classification Manual, 1987, incorporated by reference in s. NR 484.05 (1), or that has actual annual emissions of less than 5 tons of particulate matter and less than 3 tons of volatile organic compounds, shall meet the requirements of subs. (2) to (4) if any of the following apply: NR 445.11(1)(a)(a) The facility includes operation of one or more of the following processes: NR 445.11(1)(a)1.1. A compression ignition internal combustion engine with rated brake power greater than 100 horsepower used as a power source. NR 445.11(1)(a)6.6. Manufacture or treatment of a pesticide, rodenticide, insecticide, herbicide or a fungicide resulting in an emission of a hazardous air contaminant listed in Table B of s. NR 445.07. NR 445.11(1)(a)7.7. Manufacture or treatment of a pharmaceutical resulting in an emission of a hazardous air contaminant listed in Table C of s. NR 445.07. NR 445.11(1)(b)(b) The presence of one or more of the substances in Table E at the facility is indicated by one of the following: NR 445.11(1)(b)1.1. The substance is listed on an approved material safety data sheet or is otherwise brought into the facility. NR 445.11(1)(b)2.2. The substance is reasonably expected to be created at the facility through a combustion process or manufacturing process, or through the treatment of raw materials or waste. NR 445.11 NoteNote: The department will develop a list of the hazardous air contaminants it has determined to be potentially emitted from the processes listed in sub. (1) (a) 2. to 5. This list may be obtained by calling the Environmental Analysis and Outreach Section of the Bureau of Air Management at 608-266-7718.
NR 445.11(3)(3) The owner or operator of a facility meeting the criteria in sub. (1) (b) shall meet the applicable requirements in s. NR 445.07 (1) for any hazardous air contaminants listed in Table A of s. NR 445.07. NR 445.11(4)(4) The owner or operator subject to sub. (2) or (3) shall do both of the following: NR 445.11 NoteNote: Owners and operators of sources affected by this section should refer to chs. NR 406, 407 and 438 to determine whether there are applicable requirements in those chapters for hazardous air contaminants identified under this section. NR 445.11 HistoryHistory: CR 02-097: cr. Register June 2004 No. 582, eff. 7-1-04; CR 07-076: am. Tables D and E Register July 2008 No. 631, eff. 8-1-08; reprinted to insert line numbers per CR 07-076 Register August 2008 No. 632. NR 445.12(1)(1) Criteria for approval. The owner or operator of a source subject to this chapter may apply for and the department may approve a variance from any of the provisions identified in pars. (a) and (b) if the applicant demonstrates to the satisfaction of the department that applicable provisions are met as follows: NR 445.12(1)(a)1.1. Compliance with the LAER control requirement for which the variance has been requested would be economically infeasible. NR 445.12(1)(a)2.2. Residual emissions of the hazardous air contaminant in question would not cause significant harm to the environment or public health. NR 445.12(1)(a)3.3. The source’s emissions would be controlled to a level that is the best available control technology. NR 445.12(1)(b)(b) An applicant for a variance from the emission limitation of s. NR 445.07 (1) (a) for a contaminant having a standard based on an annual time period shall demonstrate all of the following to the satisfaction of the department: NR 445.12(1)(b)1.1. All direct or portable sources owned or operated in the state by the owner or operator of the air contaminant source for which a variance is requested are in, or are on a schedule for, compliance with all other applicable requirements of chs. NR 400 to 499. NR 445.12(1)(b)2.2. The emission limitation from which variance is sought is technologically or economically infeasible to meet due to conditions or special circumstances at the source, including adverse environmental or energy impacts. NR 445.12(1)(b)3.3. Residual emissions of the hazardous air contaminant would not cause significant harm to public health. NR 445.12(1)(b)4.4. Good faith efforts have been made to comply with s. NR 445.07 (1) (a) and all reasonably available alternative operating procedures and interim control measures to minimize emissions of the hazardous air contaminant will be utilized during the duration of the variance. NR 445.12(2)(2) Consultation. The department shall consult with the department of health services to determine that residual emissions would not cause significant harm under sub. (1) (a) 2. or (b) 3. prior to establishing an emission limitation in a permit or order under this section. NR 445.12(3)(3) Application forms. Application for a variance under this section shall be submitted on the application forms required for a construction permit, 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 445.12 NoteNote: Application forms for sub. (3) may be obtained from, and submitted to, the regional and area offices of the department or:
Wisconsin Department of Natural Resources
Bureau of Air Management
PO Box 7921
Madison WI 53707-7921
Attention: NR 445 Variance Applications.
NR 445.12(4)(4) Notice and hearing. The department shall publish a notice of, and hold a public hearing on, any preliminary determination to approve a variance request under this section. NR 445.12(5)(5) Action on applications. The department shall grant, conditionally grant or deny a variance request within 90 business days after the close of the public comment period on the request. NR 445.12(6)(6) Review and revision. The department shall review any variance granted under this section on a 5 year basis. Following its review and after notice and an opportunity for a public hearing and public comment, the department may modify, extend or rescind the variance. NR 445.12 HistoryHistory: CR 02-097: cr. Register June 2004 No. 582, eff. 7-1-04; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register August 2008 No. 632. NR 445.13NR 445.13 Review of hazardous air contaminant requirements. NR 445.13(1)(1) Periodic reports. The department, in consultation with the department of health services, shall prepare a periodic report for the natural resources board that reviews information related to listing, de-listing, and setting regulatory thresholds, standards and control requirements for hazardous air contaminants under this chapter. The report shall include all of the following: NR 445.13(1)(a)(a) A review of available information about the likely sources of emissions of and an assessment of whether the criteria set forth in sub. (2) (b) are likely to apply to the hazardous air contaminants identified under this subsection. NR 445.13(2)(a)(a) The department shall determine that a substance is a hazardous air contaminant that may be listed in Table A, B or C of s. NR 445.07 if the substance can, due to inhalation, cause an adverse health effect and it meets one or more of the following conditions: NR 445.13(2)(a)1.1. The substance is classified as a known carcinogen or reasonably anticipated to be carcinogenic by both the International Agency for Research on Cancer and the National Toxicology Program. NR 445.13(2)(a)2.2. The substance has a threshold limit value established by the American Conference of Governmental Industrial Hygienists. NR 445.13(2)(a)3.3. The substance has a reference concentration established by the United States environmental protection agency with an uncertainty factor of 300 or less. NR 445.13(2)(b)(b) Except as provided for in pars. (c) and (d), the department shall list in Table A, B or C of s. NR 445.07 a substance determined under par. (a) to be a hazardous air contaminant if it also determines that none of the following apply to the contaminant: NR 445.13(2)(b)1.1. The only critical inhalation effect listed for the substance by the American Conference of Governmental Industrial Hygienists is asphyxiation. NR 445.13(2)(b)2.2. The substance possesses an explosive nature requiring safety procedures that preclude ambient concentrations that would present toxicity concerns. NR 445.13(2)(b)3.3. The substance has a threshold limit value of greater than or equal to 100 parts per million. NR 445.13(2)(b)4.4. The substance has a threshold limit value of greater than or equal to 10 milligrams per cubic meter. NR 445.13(2)(c)(c) Paragraph (b) notwithstanding, the department may consider any of the following in determining whether to list a hazardous air contaminant in Table A, B or C of s. NR 445.07: NR 445.13(2)(c)1.1. Other regulations that may provide adequate protection for public health or welfare.
