NR 445.01(1)(a)(a) This chapter applies to all stationary air contaminant sources which may emit hazardous contaminants and to their owners and operators.

NR 445.01 NoteNote: Owners and operators of sources of emissions of hazardous air contaminants associated with agricultural waste should refer to s. NR 445.08 (6) (d) prior to undertaking any activities under this chapter.

NR 445.01(1)(b)(b) The emission limitations and control requirements in this chapter do not apply to hazardous air contaminants emitted by the emissions units, operations or activities that are regulated by an emission standard promulgated under section 112 of the Clean Air Act (42 USC 7412). Hazardous air contaminants “regulated by an emission standard promulgated under section 112 of the Act” means the hazardous air contaminants that are regulated by section 112 by the name of the contaminant, by virtue of regulation of another substance as a surrogate for the contaminant, or by virtue of regulation of a species or category of hazardous air contaminants that includes the contaminant.

NR 445.01 NoteNote: An example of regulated “by virtue of regulation of another substance as a surrogate” would be using the measurement of one contaminant to represent the emission rate of another, harder to measure contaminant. Examples of regulated “by virtue of the regulation of a species or category” would be the use of terms such as “volatile organic HAP” or “total HAP” emission in lieu of specifically naming individual hazardous air contaminants.

NR 445.01(2)(2) Purpose. This chapter is adopted under ss. 285.11, 285.13, 285.17 and 285.27, Stats., to establish emission limitations for hazardous contaminants from stationary sources.

NR 445.01 HistoryHistory: Cr. Register, September, 1986, No. 369, eff. 10-1-86; am. (1), Register, September, 1988, No. 393, eff. 10-1-88; am. (1), Register, May, 1992, No. 437, eff. 6-1-92; renum. (1) to (1) (a), cr. (1) (b), Register, December, 1994, No. 468, eff. 1-1-95; am. (1), Register, December, 1995, No. 480, eff. 1-1-96; am. (1) (a), Register, January, 1997, No. 493, eff. 2-1-97; CR 02-097: am. (1) (a) and (2), r. and recr. (1) (b) Register June 2004 No. 582, eff. 7-1-04.

NR 445.02NR 445.02 Definitions. The definitions contained in ch. NR 400 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter:

NR 445.02(1)(1) “Agricultural waste” means livestock manure, wastewater contaminated with livestock manure, animal waste byproducts and litter and bedding material contaminated, derived or mixed with livestock manure.

NR 445.02(1m)(1m) “Best available control technology” or “BACT” means an emission limit for a hazardous air contaminant based on the maximum degree of reduction practically achievable as specified by the department on an individual case-by-case basis taking into account energy, economic and environmental impacts and other costs related to the source.

NR 445.02(2)(2) “Certified control device” means a control device that is certified by either the California air resources board or the United States environmental protection agency.

NR 445.02(3)(3) “Compression ignition internal combustion engine” or “CI engine” means an engine that has operating characteristics significantly similar to the theoretical diesel combustion cycle. The absence of a throttle to regulate intake air flow for controlling power during normal operation is indicative of a compression ignition engine. Combustion of the fuel in the engine proper is indicative of an internal combustion engine.

NR 445.02(4)(4) “Downwash minimization stack height” means a stack height equal to (H+1.5D) where H is the height of the structure and D is the lesser of the structure height or structure cross-wind horizontal dimension in the immediate vicinity of the stack.

NR 445.02(5)(a)(a) A reasonable search and inquiry conducted by the owner or operator to identify and quantify emissions of hazardous air contaminants at the facility and determine which, if any, are subject to regulation under the provisions in subch. II and provisions identified in s. NR 445.06 (1) (a) to (e). The search and inquiry is reasonable if it entails an investigation of all facility operations that the owner or operator determines are likely to cause emissions of any hazardous air contaminant based on a substance listed in this chapter being any of the following: