NR 406.03(2)(h)(h) The department may rescind a waiver granted under this subsection if the owner or operator does not diligently respond to department inquiries on the construction permit application or if the department preliminarily determines that the source will not meet the criteria for permit approval under s. 285.63 (1), Stats. NR 406.03 NoteNote: The address of the Madison headquarters is: Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707, Attention: Permit Application Forms
NR 406.03 HistoryHistory: Renum. from NR 154.04 (1), Register, September, 1986, No. 369, eff. 10-1-86; emerg. am. eff. 11-15-92; am. Register, May, 1993, No. 449, eff. 6-1-93; CR 06-079: renum. to be (1) and am., cr. (2) Register May 2007 No. 617, eff. 6-1-07; CR 09-020: am. (1), cr. (1m) Register January 2010 No. 649, eff. 2-1-10; CR 15-005: cr. (1e) Register November 2015 No. 719, eff. 12-1-15; correction in (1e) (intro.) made under s. 35.17, Stats., Register November 2015 No. 719; CR 19-015: am. (1e) (intro.), r. (1e) (a), (b), am. (1e) (c), r. (1e) (j), am. (1m) (a), (b), (2) (b) 2. c., (g) Register September 2020 No. 777, eff. 10-1-20. NR 406.035NR 406.035 Establishment or distribution of plant-wide applicability limitations. Notwithstanding the provisions of s. NR 406.04 (1) and (2), a construction permit is required for each of the following: NR 406.035 NoteNote: Reopening of a plant-wide applicability limitation to accommodate an increase of the plant-wide applicability limitation is accomplished using the procedures in s. NR 405.18 (8) (b) 1. c. and (11) (a) 3. or 408.11 (8) (b) 1. c. and (11) (a) 3. Reopening of a plant-wide applicability limitation to accommodate a decrease of the plant-wide applicability limitation is accomplished using the procedures in s. NR 406.11 (1m). NR 406.035 HistoryHistory: CR 06-019: cr. Register June 2007 No. 618, eff. 7-1-07. NR 406.04NR 406.04 Direct sources exempt from construction permit requirements. This section does not provide an exemption from construction permit requirements for a source that is required to obtain a permit under ch. NR 405 or 408 or s. NR 446.03 (2) (a). For any direct source not required to obtain a permit under ch. NR 405 or 408 or s. NR 446.03 (2) (a), no construction permit is required prior to commencing construction, reconstruction, replacement, relocation or modification if the following conditions are met: NR 406.04(1)(1) Specific categories of exempt sources. The following categories of direct sources are exempt from the requirement to obtain a construction permit unless construction, reconstruction, replacement, relocation or modification of the source is prohibited by any permit, plan approval or special order applicable to the source: NR 406.04(1)(a)(a) One or more external combustion furnaces at a source which will not burn any hazardous waste identified under ch. NR 661, or which have been issued a license or licenses under ch. NR 670, and if no individual furnace is designed to burn the following fuels at more than the maximum rates indicated: NR 406.04(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 406.04(1)(a)2.2. Wood alone or wood in combination with gaseous or liquid fossil fuels at a heat input rate of not more than 5.0 million Btu per hour. NR 406.04(1)(a)3.3. Residual or crude oil at a heat input rate of not more than 5.0 million Btu per hour. NR 406.04(1)(a)4.4. Distillate oil at a heat input rate of not more than 10 million Btu per hour. NR 406.04(1)(a)4m.4m. Distillate oil meeting the on-road sulfur content for diesel fuel specified in 40 CFR 80.510 (b) at a heat input rate of not more than 25 million Btu per hour. NR 406.04(1)(a)5.5. Gaseous fossil fuel at a heat input rate of not more than 25 million Btu per hour. NR 406.04(1)(b)(b) Equipment which is 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 406.04(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 requirements: NR 406.04(1)(bm)1.1. The equipment is a dual-chamber incinerator that complies with all of the following: NR 406.04(1)(bm)1.a.a. The equipment is designed to incinerate not more than 500 pounds of material per hour. NR 406.04(1)(bm)1.b.b. The equipment has a secondary chamber that operates at all times during drug incineration with a minimum temperature of 1,400 degrees Fahrenheit, and a minimum gas retention time of 0.5 seconds. NR 406.04(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 of the equipment. NR 406.04(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 406.04(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 406.04(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.