NR 407.03 Note Note: An owner or operator exempt under this subsection is responsible for complying with all other applicable requirements in chs. NR 400 to 499.

NR 407.03(1s) (1s) Natural minor source exemption.

NR 407.03(1s)(a) (a) Eligibility. A facility that is a natural minor source is exempt from the requirement to obtain an operation permit.

NR 407.03(1s)(b) (b) Recordkeeping.

NR 407.03(1s)(b)1. 1. An owner or operator claiming to be exempt under this subsection shall maintain records adequate to show it meets all criteria under the definition of a natural minor source. Emission calculations adequate to determine eligibility with this exemption shall be maintained and made available to a department representative if requested.

NR 407.03(1s)(b)2. 2. In addition to monitoring and recordkeeping requirements contained in any construction permit issued to the source under ch. NR 406, the owner or operator shall maintain records sufficient to demonstrate compliance with all other applicable requirements in chs. NR 400 to 499.

NR 407.03(1s)(c) (c) Notification to the department.

NR 407.03(1s)(c)1. 1. An owner or operator claiming exemption under this subsection and who has an existing permit or who has submitted a permit application under this chapter or under ch. NR 406, shall notify the department of an intent to operate under this exemption.

NR 407.03(1s)(c)2. 2. Any existing permit issued under this chapter shall remain in effect until the permit is revoked or coverage under a general or registration permit is withdrawn at the request of the owner or operator.

NR 407.03(1s)(c)3. 3. A notification under subd. 1. shall serve as a request for revocation of any permits issued under this chapter and for withdrawal of any pending operation permit application submitted under this chapter.

NR 407.03(1s)(d) (d) Schedule. The owner or operator shall apply for an operation permit in accordance with the requirements of this chapter if any of the following affects the source’s ability to remain a natural minor source:

NR 407.03(1s)(d)1. 1. Any existing requirements change.

NR 407.03(1s)(d)2. 2. Any new requirements become applicable to the source.

NR 407.03(1s)(d)3. 3. Changes occur at the source.

NR 407.03(1s)(d)4. 4. Other emission information indicating that the source is not a natural minor source becomes available.

NR 407.03 Note Note: An owner or operator exempt under this subsection is responsible for complying with all applicable requirements in chs. NR 400 to 499, including construction permit requirements identified in ch. NR 406 and all conditions contained in a permit issued under ch. NR 406.

NR 407.03 Note Note: The exemption in this subsection does not preclude the owner or operator of a natural minor source from requesting, and the Department from issuing, an operation permit as allowed under s. 285.60 (2) (b), Stats.

NR 407.03 Note Note: The Small Business Environmental Assistance Program at dnr.wi.gov may be contacted for more information on applicability and compliance determinations related to the requirements in chs. NR 400 to 499.

NR 407.03(2) (2) General category of exempt sources. In addition to the specific categories of exempt sources identified in sub. (1), no operation permit is required for a direct source if the source is not a part 70 source or an affected source and all of the following requirements are met:

NR 407.03(2)(a) (a) The maximum theoretical emissions from the source for sulfur dioxide or carbon monoxide do not exceed 9.0 pounds per hour for each air contaminant.

NR 407.03(2)(b) (b) The maximum theoretical emissions from the source for particulate matter, nitrogen oxides or volatile organic compounds do not exceed 5.7 pounds per hour for each air contaminant.

NR 407.03(2)(ba) (ba) The maximum theoretical emissions from the source for PM10 do not exceed 3.4 pounds per hour.

NR 407.03(2)(be) (be) The maximum theoretical emissions from the source for PM2.5 do not exceed 2.2 pounds per hour.

NR 407.03(2)(bm) (bm) The maximum theoretical emissions from the source for lead do not exceed 0.13 pounds per hour.

NR 407.03(2)(c) (c) The source will not emit any of the air contaminants listed in s. NR 405.02 (27) (a) at a rate greater than the applicable emission rate listed in s. NR 405.02 (27) (a).

NR 407.03(2)(d) (d) The maximum theoretical emissions from the source for any hazardous air contaminant listed in Table A, B or C of s. NR 445.07 do not exceed the emission rate listed in the table for the hazardous air contaminant for the respective stack height. For the purposes of determining emissions under this paragraph, the owner or operator of a source is not required to consider emissions of hazardous air contaminants associated with agricultural waste.

NR 407.03 Note Note: Par. (d) is shown as affected 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 407.03 (2) (d) 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 407.03 Note NR 407.03 (2) (d) The maximum theoretical emissions from the source for any hazardous air contaminant listed in Table A, B or C of s. NR 445.07 do not exceed the emission rate listed in the table for the hazardous air contaminant for the respective stack height. For the purposes of determining emissions under this paragraph, the owner or operator of a source is not required to consider emissions of hazardous air contaminants associated with agricultural waste prior to July 31, 2011.

NR 407.03 Note 285.28 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.