Section NR 406.04 - Direct sources exempt from construction permit requirementsThis 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:
(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: (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: 1. Coal, coke or other solid fuels, except wood, at a heat input rate of not more than 1.0 million Btu per hour.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.3. Residual or crude oil at a heat input rate of not more than 5.0 million Btu per hour.4. Distillate oil at a heat input rate of not more than 10 million Btu per hour.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.5. Gaseous fossil fuel at a heat input rate of not more than 25 million Btu per hour.(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.(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:1. The equipment is a dual-chamber incinerator that complies with all of the following: a. The equipment is designed to incinerate not more than 500 pounds of material per hour.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.2. Stacks shall comply with all of the following: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.b. Each stack shall be located at least 500 feet from nearest property line.c. Each stack shall have unobstructed vertical discharge when the incinerator is operated. Properly installed and maintained spark arresters are not considered obstructions.3. The equipment shall be operated within all of the following limits: a. The unit shall reach a minimum operating temperature of 1,400 degrees Fahrenheit prior to introducing the materials to be incinerated.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.c. Fuel for the equipment 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.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.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.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: a. The time and date materials are charged.b. The amount of material charged or burned in each 24-hour period.c. The type and amount of fuel usage, including sulfur content for fuel oil.d. The monitoring results.e. The hours of operation.f. Routine maintenance of abatement systems. (ce) Grain storage facilities; including facilities with rack dryers designed to dry grain at a rate of not more than 1,500 bushels per hour at 5% moisture extraction, or rack dryers equipped with at least 50 mesh screens, or column dryers; with an average tonnage of grain received of less than 5500 tons per month and which are not subject to s. NR 440.47. The average monthly tonnage of grain received shall be calculated by dividing the cumulative tonnage of grain received since January 1 of each year by 12. The average monthly tonnage of grain received does not include product that the facility sells, acting as a broker, which is never actually received or dried at the grain storage facility.(cm) Grain processing facilities; including facilities with rack dryers designed to dry grain at a rate of not more than 1,500 bushels per hour at 5% moisture extraction, or rack dryers equipped with at least 50 mesh screens, or column dryers; with an average tonnage of grain received of less than 4500 tons per month and which are not subject to s. NR 440.47. The average monthly tonnage of grain received shall be calculated by dividing the cumulative tonnage of grain received since January 1 of each year by 12. The average monthly tonnage of grain received does not include product that the facility receives that is packaged when received and remains packaged.(d) Portland concrete batch plants which produce or will produce less than 20,000 cubic yards of concrete per month averaged over any 12 consecutive month period.(e) Storage tanks containing organic compounds with a true vapor pressure in pounds per square inch absolute at 70°F of less than 1.52 with a combined total tankage capacity of not more than 40,000 gallons.(f) VOC storage tanks with a combined total tankage capacity of not more than 10,000 gallons of volatile organic compounds.(g) Painting or coating operations, including associated cleaning operations, which emit or will emit not more than 1666 pounds of volatile organic compounds per month, which are measured prior to entering any emission control devices, unless the emissions of any single hazardous air pollutant listed under section 112 (b) of the Act ( 42 USC 7412(b) ) equal or exceed 10 tons per year or the cumulative emissions of hazardous air pollutants listed under section 112 (b) of the Act equal or exceed 25 tons per year.(gm) Automobile refinishing operations, including associated cleaning operations, which emit or will emit not more than 1666 pounds of volatile organic compounds per month, which are measured prior to entering any emission control devices, unless the emissions of any single hazardous air pollutant listed under section 112(b) of the Act ( 42 USC 7412(b) ) equal or exceed 10 tons per year or the cumulative emissions of hazardous air pollutants listed under section 112(b) of the Act equal or exceed 25 tons per year.(h) Graphic arts operations, including associated cleaning operations, which emit or will emit not more than 1666 pounds of volatile organic compounds per month, which are measured prior to entering any emission control devices, unless the emissions of any single hazardous air pollutant listed under section 112 (b) of the Act equal or exceed 10 tons per year or the cumulative emissions of hazardous air pollutants listed under section 112 (b) of the Act equal or exceed 25 tons per year.(i) A temporary change in the method of operation or temporary equipment used or to be used for the purpose of testing or research provided that all of the following requirements are met: 1. A complete application for exemption is made describing the proposed testing or research and including an operating schedule and the types and quantities of emissions anticipated.2. The department determines that the anticipated emissions from the testing or research will not present a significant hazard to public health, safety or welfare or to the environment and approves the application for exemption.3. The temporary change in the method of operation or temporary equipment will be in operation for less than 12 months. Upon completion of the testing, the temporary change in the method of operation or operation of temporary equipment shall cease. Operation beyond the testing period is prohibited unless approved by a different construction permit exemption or by a construction permit.4. The department approves the application for exemption submitted under subd. 1. in accordance with the following procedure: a. The department shall approve or deny the application in writing within 45 days of receiving a complete application.b. The department may provide public notice of an application for research and testing exemption, may provide an opportunity for public comment and an opportunity to request a public hearing and may hold a public hearing on any application under this paragraph.c. The department shall make all nonconfidential information available to the public upon request.(j) A laboratory which emits volatile organic compounds, sulfur dioxide, carbon monoxide, nitrogen oxides or particulate matter or a combination thereof at a rate of less than 5.7 pounds per hour unless the emissions of any single hazardous air pollutant listed under section 112 (b) of the Act equal or exceed 10 tons per year or the cumulative emissions of hazardous air pollutants listed under section 112 (b) of the Act equal or exceed 25 tons per year. Hourly emissions shall be determined, based on the quantitative estimate of air contaminants before they enter any emission control devices, by dividing the total uncontrolled emissions which would have occurred during a calendar month by the total hours of operation of the laboratory during that calendar month. A laboratory is in operation if laboratory apparatus or equipment is in use.(k) Equipment whose primary purpose is to transport or sort paper.(l) Facilities for chlorination of municipal drinking water, the intake of once through industrial process or cooling water, or water for swimming pools, spas or other recreational establishments.(m) The following procedures for the remediation or disposal of soil or water contaminated with organic compounds, provided the potential to emit, considering emission control devices, for any hazardous air contaminant listed in Table A to Table C of s. NR 445.07 is not greater than the emission rate listed in Table A to Table C of s. NR 445.07 for the air contaminant at the respective stack height, and the procedure is not subject to an emission limitation or emission standard under section 111 or 112 of the Act ( 42 USC 7411 or 7412 ): 1. Landspreading of contaminated soil, including the agricultural landspreading of soil contaminated with pesticide or fertilizer.2. Negative pressure venting of contaminated soil or bioremediation, provided the remediation is completed within 3 months or the potential to emit organic compounds from the remediation site is at a rate of not more than 5.7 pounds per hour, considering emission control devices.3. Pilot testing of a negative pressure venting system provided the testing is limited to a total withdrawal of not more than 150,000 standard cubic feet (scf) of air. Note: The total withdrawal may be determined by the equation: Total withdrawal (scf) = hours of operation of pilot test (hr) X average flow rate in cubic feet per minute at standard conditions (scfm) X 60 min/hr. An example is: 10 hours of operation X 250 scfm X 60 min/hr = 150,000 scf When testing at multiple flow rates, determine the withdrawal for each flow rate and sum the withdrawals for a total withdrawal.
4. Landfilling of contaminated soil.5. Installation and use of devices which remove organic compounds from a private or municipal potable water supply.6. Installation and use of crop irrigation systems or dewatering wells to remediate contaminated water.7. Installation and use of air strippers for treatment of contaminated water, provided the remediation is completed within 3 months or the potential to emit organic compounds from the remediation site is at a rate of not more than 5.7 pounds per hour, considering emission control devices.8. Installation and use of any devices or techniques not listed in this paragraph which are used to remediate soil or water contaminated with organic compounds, if the device or technique is not portable and is not a thermal evaporation unit, and the remediation is completed within 3 months.9. Installation and use of any technique or device to remediate soil or water contaminated with organic compounds as part of actions taken by EPA under the authority of the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 USC 9601 to 9675, by the department under the authority of s. 289.67 or ch. 292, Stats., or by a responsible party in compliance with the requirements of an administrative order, consent decree or contract issued pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980 or s. 289.67 or ch. 292, Stats.(n) Renovation or demolition operations involving regulated asbestos-containing material provided that the provisions of subd. 1. or 2. are met: 1. The amount of regulated asbestos-containing material is less than 260 linear feet on pipes or 160 square feet on other facility components.2. If the amount of regulated asbestos-containing material is at least 260 linear feet on pipes or at least 160 square feet on other facility components, all of the following conditions are met:a. Notice of intention is provided under s. NR 447.07.b. The notice indicates that the project will meet all applicable requirements of ch. NR 447.c. The fee required under s. NR 410.05(2) and (3) is submitted with the notice.(o) Batch cold cleaning equipment which does not use halogenated HAP solvent and has a total air to solvent interface of 1.0 square meters or less during operation.(om) Batch cold cleaning equipment which uses halogenated HAP solvent and meets both of the following requirements: 1. The equipment has a total air to solvent interface of 1.0 square meters or less during operation.2. The equipment is not a major source or located at a major source, as defined in s. NR 460.02(24).(p) Batch open top vapor degreasing equipment which does not use halogenated HAP solvent and has a total air to vapor interface of 1.0 square meters or less during operation. (pm) Batch open top vapor degreasing equipment which uses halogenated HAP solvent and meets both of the following requirements: 1. The equipment has a total air to solvent interface of 1.0 square meters or less during operation.2. The equipment is not a major source or located at a major source, as defined in s. NR 460.02(24). (pr) Conveyorized non-vapor degreasing and conveyorized vapor degreasing equipment which uses halogenated HAP solvent and is not a major source or located at a major source, as defined in s. NR 460.02(24).(q) Private alcohol fuel production systems as defined in s. 289.44(1) (c), Stats.(r) Perchloroethylene dry cleaning area sources as defined in s. NR 468.20(2) (am).(rm) Chromium electroplating area sources and chromium anodizing area sources as defined in s. NR 460.02(5).(t) Indirect malt dryers which are designed to burn fuels specified in par. (a) at a heat input rate less than the rates specified in par. (a).(u) Gasoline dispensing facilities which dispense gasoline or other petroleum products.(v) Bulk gasoline plants which distribute gasoline or other petroleum products.(w) Restricted use reciprocating internal combustion engines which are fueled by gaseous fuels, gasoline, or a clean fuel and which have a combined total electrical output of less than 3,000 kilowatts, or the equivalent in brake horsepower. An owner or operator claiming exemption under this paragraph shall maintain records of all of the following: 1. The electrical output or equivalent in brake horsepower of each engine.2. The total hours each engine is operated during a year.(x) Any quarry, mine or other facility where nonmetallic minerals are extracted that is not a ledge rock quarry or industrial sand mine.(y) Ledge rock quarries with actual production of less than 25,000 tons per month on a rolling 12 month average, or with actual operation of less than 365 days per 5 year period.(z) Industrial sand mines with actual production of less than 2,000 tons per month on a rolling 12 month average.(za) Fixed sand and gravel plants and fixed crushed stone plants with capacities of 25 tons per hour or less.(zb) Portable sand and gravel plants and portable crushed stone plants with capacities of 150 tons per hour or less.(zc) The addition or replacement of the following equipment at a nonmetallic mineral processing facility which has an operation permit or which has filed a complete application for an operation permit pursuant to ch. NR 407: 1. Any crusher other than an initial crusher.2. Any grinding mill other than an initial grinding mill.3. Any screening operation.6. Any bagging operation.10. Any other nonmetallic mineral processing equipment subject to s. NR 440.688 other than an initial crusher or initial grinding mill.(zg) Equipment that temporarily increases steam generation capability at a source provided that all of the following conditions are met: 1. The equipment will be installed and operated only when at least one of the permanent steam generating units at the source is out of service for maintenance, repair, or an emergency, except that the temporary equipment and the permanent steam generating equipment being taken out of service for maintenance, repair, or an emergency may operate simultaneously for up to 24 hours during startup or shutdown of the permanent steam generating equipment.2. The equipment will not be operated for more than 3,200 hours and will be shut down and removed within 9 calendar months after installation.3. Only natural gas will be used as fuel in the equipment.4. The equipment will meet all applicable emission limits.5. All applicable monitoring requirements will be met during the equipment's period of use.6. Use of the equipment will not cause or exacerbate an exceedance of any ambient air quality standard or ambient air increment in s. NR 404.04 or 404.05.7. A complete application for exemption is submitted to the department for approval. The application shall contain all of the following:a. A description of the equipment.b. The reason for the need to use the equipment.c. A description of how the conditions in subds. 1. to 6. will be met.8. The department approves the application for exemption submitted under subd. 7. The department shall approve or deny the exemption in writing within 10 business days after receipt of a complete application.(zh)1. Any construction, modification, replacement, relocation or reconstruction of an emissions unit at a stationary source which is exempt from the requirement to obtain an operation permit under s. NR 407.03(1m), provided the stationary source still qualifies for the exemption under s. NR 407.03(1m) after completion of the proposed construction, modification, replacement, relocation or reconstruction.2. Construction of a new facility if the facility will be exempt from the requirement to obtain an operation permit under s. NR 407.03(1m) after completion of the proposed construction.(zi) Secondary aluminum production facilities as defined by s. NR 463.12(36). (1f) Modifications to sources under plant-wide applicability limitations. Notwithstanding the provisions of subs. (1) and (2), no construction permit is required for modification of a source that is regulated by a plant-wide applicability limitation under s. NR 405.18 or 408.11 provided all of following criteria are met: (a) The modification will not cause or exacerbate an exceedance of an ambient air quality increment or standard.(b) The modification does not trigger a requirement under section 111 or 112 of the Act ( 42 USC 7411 or 7412 ), excluding section 112(d)(5) or (r) ( 42 USC 7412(d)(5) or (r) ).(d) Emissions from the source, as modified, will be able to comply with the plant-wide applicability limit.(e) Any increase in emissions, due to the modification, of air contaminants not regulated by a plant-wide applicability limitation, does not exceed the maximum theoretical emission levels specified in sub. (2) (b), (c), (cm), (d) and (f).(f) For new or modified sources for which no construction permit is required, an operation permit application shall be submitted as required under s. NR 407.04(1) (b) 3. prior to commencing construction or modification.(1k) Projects evaluated for significant net emissions increase. Notwithstanding the provisions of s. NR 406.04(1) and (2), no construction permit is required for a modification to an existing emissions unit, as defined in s. NR 405.02(12) or 408.02(13), at an existing major stationary source, as defined in s. NR 405.02(22), or an existing major source, as defined in s. NR 408.02(21), which does not result in a significant emissions increase, as defined in s. NR 405.02(27m) or 408.02(32m), provided all of the following criteria are met: (a) The modification will not cause or exacerbate an exceedance of an ambient air quality increment or standard.(b) The modification does not trigger a requirement under section 111 or 112 of the Act ( 42 USC 7411 or 7412 ), excluding section 112(d)(5) or (r) ( 42 USC 7412(d)(5) or (r) ).(c) The modification does not require enforceable conditions to limit potential to emit. Note: For new or modified sources for which no construction permit is required, an operation permit application may be required to be submitted under s. NR 407.04(1) (b) 3. prior to commencing construction or modification.
(1m) Asbestos abatement notice. Each asbestos abatement notice of intention is considered an application for permit exemption. The department may place conditions on any permit exemption granted under sub. (1) (n).(1q) Sources exempt based on controlled actual emissions. No construction permit is required for any emissions unit constructed, modified, replaced, relocated or reconstructed at a stationary source where all of the following criteria and requirements are met: (a) The owner or operator of the stationary source has a facility-wide operation permit under ch. NR 407 or has submitted a timely and complete application for a facility-wide operation permit.(b) Actual emissions from all of the constructed, modified, replaced, relocated and reconstructed emissions units do not exceed any of the following levels: 1. 1,666 pounds in any month averaged over any consecutive 12-month period for each of the following air contaminants: particulate matter, nitrogen oxide, sulfur dioxide, PM10, carbon monoxide and volatile organic compounds.2. 10 pounds in any month averaged over any consecutive 12-month period for lead.(c) None of the emissions units constructed, modified, replaced, relocated or reconstructed requires a new BACT or LAER determination under ch. NR 445 as a result of the new project.(d) None of the emissions units constructed, modified, replaced, relocated or reconstructed are subject to new permitting requirements under ch. NR 405 or 408 as a result of the new project.(e) The owner or operator of the stationary source submits to the department a complete application for an operation permit revision, or an updated application for an operation permit, which includes each new, modified, replaced, relocated or reconstructed emissions unit, prior to commencing construction, modification, replacement, relocation or reconstruction and does all of the following: 1. In the operation permit revision application, or updated operation permit application, proposes monitoring of any control equipment used to limit actual emissions from any emissions unit being constructed, modified, replaced, relocated or reconstructed in accordance with the monitoring requirements in s. NR 439.055.2. Commences monitoring of any control equipment as proposed in subd. 1., and maintains any records necessary to demonstrate compliance with any applicable emission limitation, upon startup of any newly constructed, modified, replaced, relocated or reconstructed emissions unit.(f) Prior to commencing construction, the owner or operator of the source submits to the department a claim of exemption from construction permitting requirements. The exemption claim shall identify the emissions units that are being constructed, modified, replaced, relocated, or reconstructed. The department shall respond to the claim of exemption submittal within 20 business days after receipt of the claim.(g) Any newly constructed emissions unit is not subject to an emission limitation or emission standard under section 111 or 112 of the Act ( 42 USC 7411 or 7412 ), excluding section 112 (d) (5) or (r) ( 42 USC 7412(d) (5) or (r) ) and excluding engines certified to meet the emission standards in 40 CFR part 60, subpart IIII or JJJJ for each fuel used. Any modified, replaced, relocated, or reconstructed emissions unit is not subject to any new emission limitation or emission standard or other requirement for the emissions unit under section 111 or 112 of the Act ( 42 USC 7411 or 7412 ), excluding section 112 (d) (5) or (r) ( 42 USC 7412(d) (5) or (r) ) and excluding engines certified to meet the emission standards in 40 CFR part 60, subpart IIII or JJJJ for each fuel used. Note: The application for an operation permit or operation permit revision required under this section will be evaluated by the department pursuant to the permit approval criteria in ss. 285.63 and 285.64, Stats. Application forms may be obtained from the regional and area offices of the department or from the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921, Attention: operation permits.
(2) General category of exempt sources. In addition to the specific categories of exempt sources identified in sub. (1), no construction permit is required prior to commencing construction, reconstruction, replacement, relocation or modification of a direct source if all of the following conditions are met: (a) The construction, reconstruction, replacement, relocation or modification of the source is not prohibited by any permit, plan approval or special order applicable to the source.(b) 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.(c) 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. (cm) The maximum theoretical emissions from the source for PM10 do not exceed 3.4 pounds per hour.(cs) The maximum theoretical emissions from the source for PM2.5 do not exceed 2.2 pounds per hour.(d) The maximum theoretical emissions from the source for lead do not exceed 0.13 pounds per hour.(f)1. The maximum theoretical emissions from the source for any hazardous air contaminant listed in Table A, B or C of s. NR 445.07 are not greater than the emission rate for the air contaminant listed in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07 for the respective stack height or the owner or operator of the source meets the compliance demonstration and notification requirements of s. NR 445.08(7) (b). Note: Owners and operators of facilities emitting less than 3 tons of volatile organic compounds and 5 tons of particulate matter on an annual basis, or who engage in limited or no manufacturing activities, should refer to s. NR 445.11 prior to determining applicable requirements under this paragraph.
2. The source is not subject to a best available control technology or lowest achievable emission rate requirement in s. NR 445.07(1) (c), (2), (3) or (4).3. The source does not combust fuel oil in a compression ignition internal combustion engine subject to a best available control technology requirement in s. NR 445.09(3) (a).4. The source does not combust municipal solid waste, as defined in s. NR 500.03(86), or infectious wastes.(h) The source is not subject to an emission limitation or emission standard under section 111 or 112 of the Act ( 42 USC 7411 or 7412 ), excluding section 112 (d) (5) or (r) ( 42 USC 7412(d) (5) or (r) ) and excluding engines certified to meet the emission standards in 40 CFR part 60, subpart IIII or JJJJ for each fuel used. Note: Sections 285.60(1) (b) 1 and 285.62(8), Stats., and s. NR 407.04(1) (b) 3. require that a complete operation permit application or revision to an application be submitted to the department prior to commencing construction or modification of the equipment exempted under this section. A source which already has an operation permit must apply for a revision of that permit under s. NR 407.11, 407.12 or 407.13.
(2m) Exemptions for sources with general operation and registration operation permits. Notwithstanding the provisions in s. NR 406.04(1) and (2), no construction permit is required prior to commencing construction, reconstruction, replacement, relocation or modification of a stationary source if all the following criteria are met: (a) The source is covered under a general operation permit issued under s. NR 407.10 or a registration operation permit issued under s. NR 407.105.(b) The construction, reconstruction, replacement, relocation or modification will not result in the source violating any term or condition of the general operation permit or the registration operation permit. Note: Some general operation permits issued prior to September 1, 2005 may have required a construction permit even if the change at the source would not violate any term or condition of the permit. Those sources are now exempt from the requirement to obtain a construction permit if the change at the source will not violate any term or condition of the general operation permit.
(c) The construction, reconstruction, replacement, relocation or modification does not require a permit under ch. NR 405 or 408. Note: This exemption applies to new or modified facilities if they are covered under a general or registration operation permit.
(3) Determination of hazardous emissions. (a) For the purpose of determining emissions under sub. (2) (f), the owner or operator of a source may rely on information on an approved material safety data sheet if the approved material safety data sheet lists a hazardous air contaminant listed in Table A, B or C of s. NR 445.07 and for any hazardous air contaminant with a standard expressed as an ambient air concentration in column (g) of Table A or B of s. NR 445.07 constitutes 1% (10,000 parts per million) or more of the material or for any hazardous air contaminant with a standard expressed as a control requirement in column (i) of Table A, B or C of s. NR 445.07 constitutes 0.1% (1,000 parts per million) or more of the material. If an approved material safety data sheet for a material does not list a hazardous air contaminant in Table A, B or C of s. NR 445.07 at or above the amounts listed in this paragraph, the material will be presumed not to result in emissions of a hazardous air contaminant unless a hazardous air contaminant is formed in processing of the material.(b) For the purpose of determining emissions under sub. (2) (f), the owner or operator of a source may rely upon mass balance, or other use, consumption and analytical methodologies for calculating potential emissions. However, the department may require that a stack test be conducted to affirm the accuracy of emission estimations.(c) For the purpose of determining emissions under sub. (2) (f), the owner or operator of a source is not required to consider indoor fugitive emissions in calculating emissions of any substance with a standard expressed as an ambient air concentration in Table A, B or C of s. NR 445.07.(d) For the purpose of determining emissions under sub. (2) (f), the owner or operator of a source is not required to consider emissions resulting directly from naturally occurring constituents in windblown soil.(e) For the purposes of determining emissions under sub. (2) (f), the owner or operator of a source is not required to consider emissions of hazardous air contaminants associated with agricultural waste. Note: Par. (e) 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 406.04(3) (e) 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 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 406.04 (3) (e) For the purposes of determining emissions under sub. (2) (f), the owner or operator of a source is not required to consider emissions of hazardous air contaminants associated with agricultural waste.
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.
(4) Exclusions from modification. None of the following changes at a stationary source constitutes a modification: (a)Use of alternate fuel or raw material. Use of an alternate fuel or raw material which the source is designed to burn or use if: 1. The source has continuously had such design capability.2. The use will not cause or exacerbate the violation of an ambient air quality standard or an ambient air increment.3. The use is not prohibited by any permit, plan approval or special order applicable to the source.4. The use will not result in a violation of any emission limit in chs. NR 405, 408, 409, 415 to 436 and 445.5. The use will not subject the source to an emission limitation or emission standard under section 112 of the Act ( 42 USC 7412 ), excluding section 112 (d) (5) or (r) ( 42 USC 7412(d) (5) or (r) ) and excluding engines certified to meet the emission standards in 40 CFR part 60, subpart IIII or JJJJ for each fuel used.(b)RACT compliance. A change to a permit condition needed to assure compliance with a new or revised RACT rule, a change at a source which is made primarily for the purpose of complying with the requirements of a RACT compliance plan approved under chs. NR 419 to 425, or a VOC RACT variance approved under s. NR 436.05, if the change does not cause or exacerbate the violation of an ambient air quality standard or ambient air increment for any air contaminant other than ozone.(c)Resumption of operation.1. The resumption of operation of a source after a period of closure if the existing equipment was continuously included in the department's emissions inventory as an existing source covered by plans submitted under s. 285.11(6), Stats.2. The resumption of operation of a source after a period of closure if the source was never included and never required to be included in the emissions inventory as an existing source covered by plans submitted under s. 285.11(6), Stats., and the resumption of operation of the source will not cause or exacerbate the violation of an ambient air quality standard or an ambient air increment, will not result in the emission of a new air contaminant and is not prohibited by any permit, plan approval or special order applicable to the source.(d)Increase in production rate. An increase in production rate if: 1. The increased production rate does not exceed the design capacity of the source.2. The production rate increase does not require any change to existing equipment.3. The increase is not prohibited by any permit, plan approval or special order applicable to the source.4. The increase will not cause or exacerbate the violation of an ambient air quality standard or ambient air increment or violate an emission limit.(e)Increase in hours of operation. An increase in hours of operation if: 1. The increase is not prohibited by any permit, plan approval or special order applicable to the source.2. The increase will not cause or exacerbate the violation of an ambient air quality standard or ambient air increment or violate an emission limit.3. The change is not subject to an emission limitation or emission standard under section 111 or 112 of the Act ( 42 USC 7411 or 7412 ), excluding section 112 (d) (5) or (r) ( 42 USC 7412(d) (5) or (r) ).(f)Change of ownership. A change in ownership of a source.(g)Routine maintenance or repair. The routine maintenance or repair of a source.(h)Change to process lines emitting VOCs. A change in a method of operation of a process line subject to s. NR 424.03(2) (c) that meets all of the following criteria: 1. The change does not result in annual potential VOC emissions from the process line which exceed the currently allowed annual potential VOC emissions based on conditions established under s. NR 424.03(2) (c).2. The change for the process line does not trigger a requirement under section 111 or 112 of the Act ( 42 USC 7411 or 7412 ), excluding section 112 (d) (5) or (r) ( 42 USC 7412(d) (5) or (r) ). Note: The permittee shall continue to comply with the conditions established under s. NR 424.03(2) (c) in its construction or operation permit until the permit is revised.
(i)Change to use a clean fuel. A change to an external combustion furnace to allow for the combustion of a clean fuel that meets all of the following requirements: 1. The external combustion furnace has a maximum heat input capacity of no greater than 10 mmBtu/hour if the ability to combust distillate oil is being added and 25 mmBtu/hour if the ability to combust natural gas or propane is being added.2. The use of the new fuel does not cause or exacerbate the exceedance of any ambient air quality standard or increment in ch. NR 404.3. The change does not trigger a requirement under section 111 or 112 of the Act ( 42 USC 7411 or 7412 ), excluding section 112 (d) (5) or (r) ( 42 USC 7412(d) (5) or (r) ).(j)Other changes. A change where all of the following conditions are met: 1. The change is not prohibited by any permit, plan approval or special order applicable to the source.2. The change is exempt under sub. (1), or the increased emissions due to the change do not exceed the maximum theoretical emission levels specified in sub. (2) (b), (c), (cm), (cs), (d) and (f). 3. The change does not trigger a requirement under section 111 or 112 of the Act ( 42 USC 7411 or 7412 ), excluding section 112 (d) (5) or (r) ( 42 USC 7412(d) (5) or (r) ).(5) Exempt relocations. (a) In addition to the approved relocated sources which are exempt from the need for an additional permit under s. 285.60(5), Stats., and the relocation of an emissions unit within the contiguous property of an attainment area major source, no construction permit is required for the relocation of an emissions unit within the contiguous property of a minor source or a nonattainment area major source if all of the following conditions are met: 1. The relocation of the emissions unit is not prohibited by any permit, plan approval or special order applicable to the source.2. The emissions unit will not be modified.3. The emissions unit meets all applicable emission limitations.4. The emissions unit's stack height or stack gas exit velocity or temperature will not be decreased.(b) If the criteria in par. (a) 1., 2. and 3. are met but the emissions unit's stack height or stack gas exit velocity or temperature will be decreased, no construction permit is required for the relocation of the emissions unit if the allowable emissions from the source will not cause or exacerbate the violation of an ambient air quality standard or ambient air increment.(6) Exempt replacements. No construction permit is required for the replacement of a source if all of the following conditions are met: (a) The replacement is for only a portion of a basic emissions unit.(b) Such replacement is not prohibited by any permit, plan approval or special order applicable to the source.(c) The essential components of the basic emissions unit are not replaced through several partial replacements within a 12-month period.(7) Conditions for specific exemptions. To be eligible for a specific exemption under sub. (1) (a) 5., (ce), (cm), (d), (e), (g), (gm), (h), (j), (m), (o), (w), (y) or (z), the owner or operator of a direct stationary source shall keep and maintain records, for a minimum of 5 years, of materials used, emissions, or production rates, that are adequate to demonstrate that the source qualifies for the exemption. Any direct stationary source that ever exceeds any level listed in sub. (1) (a) 5., (ce), (cm), (d), (e), (g), (gm), (h), (j), (m), (o), (w), (y) or (z) is not thereafter eligible for the exemption under that subsection.Wis. Admin. Code Department of Natural Resources § NR 406.04
Cr. Register, March, 1972, No. 195, eff. 4-1-72; r. and recr. Register, June, 1975, No. 234, eff. 7-1-75; am. (1), renum. (2) and (3) to be (3) and (4) and am., cr. (2), Register, April, 1977, No. 256, eff. 5-1-77; r. and recr. Register, April, 1983, No. 328, eff. 5-1-83; reprinted to correct error in (2) (a) 8., Register, July, 1983, No. 331; renum. from NR 154.04(2) to (6), Register, September, 1986, No. 369, eff. 10-1-86; am. (1) (intro.), (e) and (f), (2) (intro.) and (g), (4) (a) (intro.), r. (1) (m) to (o), renum. (3) (intro.), (a) to (c), (7) (a) to (c) to be (4) (intro.), (e) 1. to 3., NR 406.07(1) and (2) and NR 406.04(7) and am. (4) (intro.), (e) 3., NR 406.07 and NR 406.04(7), cr. (4) (e) (intro.), Register, April, 1988, No. 388, eff. 5-1-88; r. (2) (e) and (4) (d), renum. (2) (d), (f), (g) and (4) (e) to be (2) (e), (g), (h) and (4) (d) and am. (2) (g), cr. (2) (d), (f), (3) and (4) (a) 4., am. (4) (a) 2. and 3., Register, September, 1988, No. 393, eff. 10-1-88; cr. (2) (cm), Register, December, 1988, No. 396, eff. 1-1-89; cr. (1) (m), am. (1) (a) 1. to 3., (g), (h), and (j), (2) (b), (c), (cm), (d), (e) 1. and 5., (f) 1. to 3. and (g), (7) (a), (b) and (c) 1. and 5., Register, August, 1991, No. 428, eff. 9-1-91; cr. (1) (n), Register, October, 1991, No. 430, eff. 11-1-91; correction in (1) (a) and (b), (4) (d) 2. made under s. 13.93(2m) (b) 7, Stats., Register, October, 1991, No. 430; correction in (1) (a) and (n) made under s. 13.93(2m) (b) 1 and 7., Stats., Register, May, 1992, No. 437; emerg. am. (1) (intro.), (a) (intro.) and 5., (b), (c), (e), (g), (h), (j) and (l), (2), (4) (intro.) to (c), (5) and (6) (intro.), cr. (1) (lm), (4) (e) to (g), r. and recr. (4) (d), r. (7), eff. 11-15-92; am. (1) (intro.), (a) (intro.) and 5., (b), (c), (e), (g), (h), (j) and (l), (2), (4) (intro.) to (c), (5) (a) (intro.), (b) and (6) (intro.), r. (1) (d) and (7), cr. (2) (i), (4) (a) 5. and 6., (e) to (g), r. and recr. (4) (d), Register, May, 1993, No. 449, eff. 6-1-93; corrections made under s. 13.93(2m) (b) 12., Stats., Register, May, 1993, No. 449; cr. (1) (d), (o) to (w), am. (1) (e) and (f), Register, December, 1993, No. 456, eff. 1-1-94; cr. (1) (x) to (zb), Register, June, 1994, No. 462, eff. 7-1-94; am. (1) (m) (intro.) to 3., r. (1) (m) 5., renum. (1) (m) 6. to 10. to be 5. to 9. and am. 7. and 9., Register, September, 1994, No. 465, eff. 10-1-94; am. (2) (f) 3., (3) (a), cr. (2) (f) 3m., Register, December, 1994, No. 468, eff. 1-1-95; am. (1) (n) 2. c., Register, February, 1995, No. 470, eff. 3-1-95; am. (1) (a) 5., re. and recr. (1) (r), Register, June, 1995, No. 474, eff. 7-1-95; am. (1) (m) (intro.), Register, August, 1995, No. 476, eff. 9-1-95; am. (1) (intro.), (g), (h), (j), (2) (intro.), (c), (f) 3m., (h), (i) and (4) (a) 6., cr. (7), Register, December, 1995, No. 480, eff. 1-1-96; am. (1) (g), (i) 1. (intro.) (m) 9., (n) (intro.), 2., (2) (i), (3) (c), (4) (a) 4., 5., 6., (5) (a) (intro.), (6) (intro.), Register, December, 1996, No. 492, eff. 1-1-97; am. (1) (o) and (p) and cr. (1) (om) and (pm), Register, March, 1997, No. 495, eff. 4-1-97; cr. (1) (rm), Register, September, 1997, No. 501, eff. 10-1-97; am. (1) (c) and (7), cr. (1) (ce), (cm), (i) 1. c., (zc) and (zg); r. (2) (g), Register, December, 1997, No. 504, eff. 1-1-98; cr. (intro.) and (4) (h); am. (1) (intro.), (a) (intro.), 2., 5., (g), (h) and (j); renum. (1) (i) 1. (intro.) and a. to c. to be (1) (i) (intro.) and 1. to 3.; renum. and am. (1) (i) 2. to be (1) (i) 4. and (2) (i) to be (2) (h); r. (2) (e) and (h) and r. and recr. (4) (intro.), Register, October, 1999, No. 526, eff. 11-1-99; cr. (1) (gm), am. (7), Register, January, 2001, No. 541, eff. 2-1-01; correction in (7) made under s. 13.93(2m) (b) 7, Stats., Register June 2004 No. 582; CR 02-097: am. (2) (f) 1., (3) (a) and (c), cr. (3) (e), r. and recr. (2) (f) 2. and 3., r. (2) (f) 3m. and (4) (a) 4., renum. (4) (a) 5. and 6. to be 4. and 5. and am. 4., Register June 2004 No. 582, eff. 7-1-04; CR 01-081: am (intro.) Register September 2004 No. 585, eff. 10-1-04; CR 04-107: r. (1) (c), am. (1) (ce), (cm) and (m) (intro.), cr. (2m) Register August 2005 No. 596, eff. 9-1-05; CR 06-047: cr. (1) (zh), (1q), (4) (h) and (i), renum. (4) (h) to be (4) (j), Register May 2007 No. 617, eff. 6-1-07; corrections in (1) (a) and (b) made under s. 13.93(2m) (b) 7, Stats., Register May 2007 No. 617; CR 06-019: cr. (1f) and (1k) Register June 2007 No. 618, eff. 7-1-07; CR 07-040: am. (2m) (b), cr. (2m) (b) (note) Register April 2008 No. 628, eff. 5-1-08; CR 07-076: am. (3) (e) Register July 2008 No. 631, eff. 8-1-08; CR 07-036: am. (intro.) Register November 2008 No. 635, eff. 12-1-08; CR 04-023: cr. (1) (zi) Register December 2008 No. 636, eff. 1-1-09; CR 09-020: am. (1f) (b), (1k) (b), (1q) (intro.), (g), (2) (h), (4) (a) 5., (h) 2., (i) 3., (j) 3. Register January 2010 No. 649, eff. 2-1-10; CR 10-050: am (1) (n) (intro.), 1., 2. (intro.), cr. (2) (cs) Register November 2010 No. 659, eff. 12-1-10; 2011 Wis. Act 122: r. in part (3) (e) eff. 3-22-12.Amended by, CR 15-005: renum. (1) (w) to (1) (w) (intro.) and am., cr. (1) (w) 1., 2. Register November 2015 No. 719, eff.12/1/2015.Amended by, CR 19-015: cr. (1) (a) 4m., (bm), am. (1) (i) (intro.), 2., 3., renum. (1) (i) 4. to (1) (i) 4. (intro.), a., b., c., and am. (intro.), am. (1) (m) (intro.), (zg) 1., r. (1f) (c), cr. (1f) (f), am. (1k) (intro.), (1q) (f), (g), (2) (h), (4) (a) 5., (b), cr. (4) (e) 3., am. (4) (h) 2., (j) 2., (7) Register September 2020 No. 777, eff. 10/1/2020