NR 407.025 HistoryHistory: Cr. Register, December, 1993, No. 456, eff. 1-1-94; am. (1) (a) (intro.), 3., (b) 1., 2., (c), (2) (a) and (b), Register, December, 1997, No. 504, eff. 1-1-98; corrections in (1) (d) and (2) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526.

NR 407.03(1)(1) Specific categories of exempt sources. Any direct stationary source that is not an affected source and is not required to obtain a permit under 40 CFR part 70 and that consists solely of one of the following categories of stationary sources or consists of a combination of the categories of stationary sources listed under sub. (1) (t) is exempt from the requirement to obtain an operation permit provided the requirements under sub. (4) are met:

NR 407.03(1)(a)(a) External combustion furnaces which do not burn any hazardous waste identified under ch. NR 661, or which have been issued a license under ch. NR 670, and which are designed at combined total capacity to burn the following fuels at the maximum rates indicated:

NR 407.03(1)(a)1.1. Coal, coke or other solid fuels, except wood, at a heat input rate of not more than 1.0 million Btu per hour.

NR 407.03(1)(a)2.2. Wood alone or wood in combination with gaseous or liquid fuels at a heat input rate of not more than 5.0 million Btu per hour.

NR 407.03(1)(a)3.3. Residual or crude oil at a heat input rate of not more than 5.0 million Btu per hour.

NR 407.03(1)(a)4.4. Distillate oil at a heat input rate of not more than 10 million Btu per hour.

NR 407.03(1)(a)4m.4m. Distillate oil with a maximum sulfur content of 15 ppm at a heat input rate of not more than 25 million Btu per hour.

NR 407.03(1)(a)5.5. Gaseous fuel at a heat input rate of not more than 25 million Btu per hour.

NR 407.03(1)(b)(b) Equipment designed to incinerate solid wastes, which are not pathological wastes, infectious wastes, municipal wastes or hazardous wastes under ch. NR 661, at a rate of not more than 500 pounds per hour.

NR 407.03(1)(bm)(bm) Equipment owned or operated by a government agency, such as police or sheriff’s department, that is used to incinerate only drugs confiscated by federal, state, or local law enforcement agencies, provided the equipment meets all of the following design requirements:

NR 407.03(1)(bm)1.1. The equipment shall be a dual-chamber incinerator that complies with all of the following:

NR 407.03(1)(bm)1.a.a. The equipment is designed to incinerate not more than 500 pounds of material per hour.

NR 407.03(1)(bm)1.b.b. The equipment has a secondary chamber that operates at all times with a minimum temperature of 1,400 degrees Fahrenheit and a minimum gas retention time of 0.5 seconds.

NR 407.03(1)(bm)2.a.a. Each stack shall have a height at least 1.5 times higher than the peak of the highest structure within 150 feet.

NR 407.03(1)(bm)2.b.b. Each stack shall be located at least 500 feet from nearest property line.

NR 407.03(1)(bm)2.c.c. Each stack shall have unobstructed vertical discharge when the incinerator is operated. Properly installed and maintained spark arresters are not considered obstructions.

NR 407.03(1)(bm)3.a.a. The unit shall reach a minimum operating temperature of 1,400 degrees Fahrenheit prior to introducing the materials to be incinerated.

NR 407.03(1)(bm)3.b.b. The quantity of material incinerated, including packaging, is limited to no more than 25 pounds in any 24-hour period, with the exception of marijuana. Marijuana may be incinerated in quantities up to the design capacity of the incinerator.

NR 407.03(1)(bm)3.c.c. Fuel for the incinerator shall be limited to natural gas, liquid petroleum gas, distillate fuel oil with less than 0.0015% sulfur by weight, or the equipment shall use electric power.

NR 407.03(1)(bm)3.d.d. The manufacturer’s recommended operating instructions shall be posted at the incinerator and the unit shall be operated in accordance with these instructions. The incinerator shall be operated in accordance with the manufacturer’s specifications and maintained in good working order.

NR 407.03(1)(bm)4.4. The owner or operator shall install, calibrate, maintain, and operate a monitoring device that continuously measures and records the temperature of the secondary chamber of the incinerator.

NR 407.03(1)(bm)5.5. The owner or operator shall maintain records sufficient to demonstrate that each of the requirements listed in this paragraph are met. The records shall be retained for a minimum of 5 years, and shall include all of the following: