reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 446 - Control Of Mercury Emissions › Subchapter III - Fired Electric Generating Units › Section NR 446.10 - Definitions

Current through June 24, 2024
The definitions contained in ch. NR 400 and in s.
					 NR
					 446.02 apply to the terms used in this subchapter. In
					 addition, the following definitions apply to the terms used in this
					 subchapter:
(1) "Boiler" means an
				  enclosed combustion device used to produce heat and to transfer heat to
				  recirculating water, steam or other medium.
(2) "Coal-fired" means combusting any amount
				  of coal or coal-derived fuel, alone or in combination with any amount of any
				  other fuel.
(3) "Cogeneration"
				  means an EGU that simultaneously produces both electrical or mechanical, and
				  useful thermal energy from the same primary energy source.
(4) "Combustion turbine" means an enclosed
				  device comprising a compressor, a combustor and a turbine and in which the flue
				  gas resulting from the combustion of fuel in the combustor passes through the
				  turbine, rotating the turbine. If the enclosed device is combined cycle, the
				  combustion turbine includes any associated duct burner, heat recovery steam
				  generator and steam turbine.
(5)
				  "Electric generating unit" or "EGU" means a boiler or a combustion turbine
				  serving a generator that produces electricity.
(6) "Gross electrical output" means
				  electricity made available for use, including any electricity used in the power
				  production process. A power production process includes any on-site processing
				  or treatment of fuel combusted at the EGU and any on-site emission
				  controls.
(7) "Large coal-fired
				  EGU" means an electric generating unit serving a generator with nameplate
				  capacity 150 megawatts and greater.
(8) "Process energy efficiency" means, with
				  regard to cogeneration, the percentage of thermal energy used in the process
				  excluding any energy contained in condensate return, makeup water, and system
				  losses divided by the process internal energy input.
(9) "Process thermal energy input" means,
				  with regard to cogeneration, the total amount of thermal energy made available
				  to a process for use other than for generating electricity.
(10) "Small coal-fired EGU" means an electric
				  generating unit serving a generator with a nameplate capacity greater than 25
				  megawatts but less than 150 megawatts.
(11) "Useful thermal energy" means, with
				  regard to cogeneration, thermal energy that is any of the following:
(a) Made available to an industrial or
				  commercial process, not a power production process, excluding any heat
				  contained in condensate return or makeup water.
(b) Used in a heating application, such as
				  space heating or hot water heating.
(c) Used in space cooling application, such
				  as thermal energy used by an absorption chiller.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 446 - Control Of Mercury Emissions › Subchapter III - Fired Electric Generating Units › Section NR 446.11 - Mercury emission limits for new or modified coal-fired electric generating units

Current through June 24, 2024
Notwithstanding the provisions of s.
					 NR
					 446.03, after December 1, 2008, no person may commence
					 construction, or commence a modification with respect to mercury, of a
					 coal-fired EGU unless the department finds that a 90% mercury emission
					 reduction as measured from the mercury content of fuel combusted will be
					 achieved.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 446 - Control Of Mercury Emissions › Subchapter III - Fired Electric Generating Units › Section NR 446.12 - Mercury emission limits for small coal-fired electric generating units

Current through June 24, 2024
(1)
				  Beginning April 16, 2016, an owner or operator of a small coal-fired EGU shall
				  limit mercury emissions to a level that is determined by the department to be
				  best available control technology.
(2) Notwithstanding sub. (1), an owner or
				  operator may elect to have a small coal-fired EGU comply with the mercury
				  emission limits in s.
				  NR
				  446.13 or i n 446.14 accordance with the provisions in
				  s.
				  NR
				  446.17(2) (b).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 446 - Control Of Mercury Emissions › Subchapter III - Fired Electric Generating Units › Section NR 446.13 - Mercury emission limits for large coal-fired electric generating units

Current through June 24, 2024
(1)
				  Beginning April 16, 2016, an owner or operator of a large or a small coal-fired
				  EGU designated by the department to meet the emission limitation in this
				  subsection under s.
				  NR
				  446.17(2) (b) shall achieve a minimum
				  of 90% mercury emission reduction as measured from the mercury content of fuel
				  combusted or limit mercury emissions annually to 0.0080 pounds per
				  gigawatt-hour (lbs/GWh) of electricity produced.
(2) An owner or operator may achieve
				  compliance with sub. (1) by either of the following methods:
(a)
Unit-by-unit compliance.
Demonstrating that the mercury emissions from each coal-fired EGU meet either
				  of the mercury emission limits in sub. (1) using the measurement methods and
				  calculation procedures in s.
				  NR
				  446.18.
(b)
Unit averaging.
Demonstrating that the sum of the mercury emissions from all coal-fired EGUs
				  subject to the mercury emission limits in sub. (1) does not exceed the sum of
				  the annual allowable mercury emissions for the coal-fired EGUs using the
				  measurement methods and calculation procedures in s.
				  NR
				  446.18.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 446 - Control Of Mercury Emissions › Subchapter III - Fired Electric Generating Units › Section NR 446.14 - Multipollutant reduction alternative for coal-fired electrical generating units

Current through June 24, 2024
(1) An owner or operator of a large or small
				  coal-fired EGU may elect to meet the emission limitations in this section
				  instead of the emission limitations of s.
				  NR
				  446.12 or i n 446.13 accordance with the provisions of
				  s.
				  NR
				  446.17(2). The following annual
				  emission limitations for NOx, SO2 and mercury apply to each unit for which the
				  owner or operator makes an election under this section:
(a) For NOx, beginning
				  April 16, 2016, 0.07 pounds per mmBtu of heat input.
(b) For SO2, beginning
				  April 16, 2016, 0.10 pounds per mmBtu of heat input.
(c) For mercury emissions, all of the
				  following:
1. Beginning April 16, 2016 and to
				  December 31, 2017, a 70% mercury emission reduction as measured from the
				  mercury content of fuel combusted or 0.0190 pounds per gigawatt-hour
				  (1bs/GWh).
2. Beginning January 1,
				  2018 and to December 31, 2020, an 80% mercury emission reduction as measured
				  from the mercury content of fuel combusted or 0.0130 pounds per gigawatt-hour
				  (1bs/GWh).
3. Beginning January 1,
				  2021, a 90% mercury emission reduction as measured from the mercury content of
				  fuel combusted or 0.0080 pounds per gigawatt-hour (1bs/GWh).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 446 - Control Of Mercury Emissions › Subchapter III - Fired Electric Generating Units › Section NR 446.15 - Early mercury emission reduction credits

Current through June 24, 2024
(1) An owner or
				  operator of a coal-fired EGU that is subject to this subchapter may request
				  that the department certify excess mercury emission reductions as early
				  emission reduction credits.
(2) The
				  department may only certify emission reductions that meet either of the
				  following criteria as early emission reduction credits:
(a) Emission reductions achieved by major
				  utilities in calendar years 2010 to 2014 in excess of the emission limitation
				  in s.
				  NR
				  446.05.
(b) Emission reductions achieved in calendar
				  years 2015 to 2020 from coal-fired EGUs subject to s.
				  NR
				  446.14 in excess of the emission limitation in s.
				  NR
				  446.14(1) (c) 1. or 2.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 446 - Control Of Mercury Emissions › Subchapter III - Fired Electric Generating Units › Section NR 446.16 - Electric reliability compliance extension

Current through June 24, 2024
(1) The owner or
				  operator of a coal-fired EGU subject to s.
				  NR
				  446.13, or electing to comply with s.
				  NR
				  446.13 or
				  446.14, may request an extension to
				  achieve compliance with the applicable mercury, NOx or SO2 emission
				  limitations.
(2) The department may
				  grant an extension under this section if, in consultation with the public
				  service commission, the department determines that the information submitted by
				  the owner or operator supports a conclusion that without the extension a major
				  electrical supply disruption is likely to occur. An extension may not be
				  granted beyond January 1, 2017.
(3)
				  The owner or operator shall submit a written request for extension to the
				  department at the time the emission limitation election in s.
				  NR
				  446.17(2) is provided.
(4) The request shall provide sufficient
				  information concerning the conditions on which the request is based to
				  demonstrate to the department's satisfaction that an extension is warranted. In
				  addition, the request shall include all of the following:
(a) The proposed control equipment
				  installation schedule for all coal-fired EGUs the owner or operator has
				  included in the request to meet the requirements of this subchapter.
(b) The additional period of time being
				  requested.
(c) The alternative
				  annual emission limitations for mercury, NOx or SO2 that will be achieved
				  during the period of the requested extension.
(d) The reasons why the owner or operator is
				  unable to meet the January 1, 2015 compliance schedule and emission limitations
				  in s.
				  NR
				  446.13 or
				  446.14.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 446 - Control Of Mercury Emissions › Subchapter III - Fired Electric Generating Units › Section NR 446.165 - Large coal-fired electric generating unit variance

Current through June 24, 2024
(1) The owner or
				  operator of a large coal-fired EGU may request a variance from the emission
				  reduction requirements of s.
				  NR
				  446.13 or by 446.14 submitting a written request to
				  the department and the commission. The request shall provide sufficient
				  information concerning the conditions or special circumstances on which the
				  variance request is based to demonstrate to the department's satisfaction that
				  a variance from the applicable requirements is necessary. In addition, the
				  request shall include the following:
(a)
				  Where an alternative compliance schedule is sought, the owner or operator shall
				  submit a proposed schedule which demonstrates reasonable further progress and
				  contains a date for final compliance as soon as practicable.
(b) Where an alternative reduction
				  requirement is sought, the owner or operator shall submit a proposed reduction
				  requirement.
(c) Requests for
				  variances shall contain relevant information on the costs and technological
				  feasibility of meeting the reduction requirements as required by the
				  department.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 446 - Control Of Mercury Emissions › Subchapter III - Fired Electric Generating Units › Section NR 446.17 - Annual compliance report, emission limitation election and BACT determination

Current through June 24, 2024
(1) ANNUAL COMPLIANCE REPORT. By July 1,
				  2017, the owner or operator of a coal-fired EGU subject to this subchapter
				  shall prepare and submit a compliance report for the initial period of April
				  16, 2016 to April 15, 2017. On or before March 1, 2018, and on or before March
				  1 of every calendar year thereafter, the owner or operator of a coal-fired EGU
				  subject to this subchapter shall prepare and submit a compliance report for the
				  previous calendar year. The report shall include all of the following:
(a) The actual mercury emissions and, if
				  subject to NOx and SO2 emission limitations under this subchapter, the actual
				  NOx and SO2 emissions from each coal-fired EGU for the previous year following
				  the methodology in s.
				  NR
				  446.18.
(b) The designated emission limitations under
				  sub. (2) for each coal-fired EGU.
(c) The amount of early reduction emission
				  credits certified under s.
				  NR
				  446.15 and currently held by the owner or operator, in
				  pounds, and the amount of certified early reduction emission credits being
				  surrendered.
(d) A comparison of
				  annual actual emissions minus any surrendered early emission reduction credits
				  to the annual allowable emissions, in pounds, for each coal-fired EGU by the
				  applicable emission limitation requirement established in sub. (2) using the
				  methods and procedures in s.
				  NR
				  446.18.
Note:
The compliance periods and compliance
					 report due dates are specified in order to allow for 12 month emission
					 averaging periods in complying with large EGU emission limitations, and in
					 complying with small EGU emission limitation if appropriate. The initial
					 compliance report due by July 1, 2017 will demonstrate compliance for the
					 period of April 16, 2016 to April 15, 2017. The second compliance report will
					 be due on March 1, 2018 and will demonstrate compliance for the period of
					 January 1, 2017 to December 31, 2017. All subsequent reports will be due on
					 March 1 of each year and will demonstrate compliance for the previous calendar
					 year.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 446 - Control Of Mercury Emissions › Subchapter III - Fired Electric Generating Units › Section NR 446.18 - Emission determination and compliance demonstration

Current through June 24, 2024
(1) MONITORING
				  REQUIREMENTS. Owners and operators of a coal-fired EGU affected by this
				  subchapter shall monitor emissions, heat input, electricity generation and
				  process thermal energy, as required to demonstrate compliance, according to the
				  following methods and specifications:
(a) For
				  NOx and SO2, hourly mass
				  emissions according to and , Appendices A to I, incorporated by reference in
				  ss.
				  NR
				  484.03(7) and
				  484.04(27)
				  respectively.
(b) For mercury,
				  hourly mass emissions using continuous emission monitoring. By December 31,
				  2013, the department shall promulgate rules that specify the requirements for
				  continuous emission monitoring for purposes of this paragraph.
Note:
On February 8, 2008, the U.S. District
					 Court of Appeals for the D.C. Circuit vacated rules the department had intended
					 to rely on related to continuous emission monitoring for mercury emissions.
					 (See
New Jersey, et. al. v. Environmental Protection Agency
,
					 D.C. Ct. App. No 05-1097, February 8, 2008.)
(c) For heat input flow rate and hourly heat
				  input, according to and , Appendices A to I, incorporated by reference in ss.
				  NR
				  484.03(7) and
				  484.04(27)
				  respectively.
(d) For gross
				  electric output, hourly megawatt-hours using continuous monitoring.
(e) For process thermal energy input, hourly
				  mmBtus delivered to the process using continuous monitoring.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 446 - Control Of Mercury Emissions › Subchapter III - Fired Electric Generating Units › Section NR 446.19 - Evaluation reports

Current through June 24, 2024
(1) The department shall report to the
				  natural resources board by August 31, 2013. This report shall include:
(a) An evaluation of the scientific and
				  technology developments in relation to the control or reduction of mercury
				  emissions.
(b) An evaluation of
				  whether the mercury requirements in this subchapter are achievable, given the
				  scientific and technological developments.
(c) Recommendations for revisions to this
				  subchapter or other actions including additional compliance flexibility to
				  achieve the mercury emission reduction requirement in s.
				  NR
				  446.14(1) (c) 3., given the
				  scientific and technological developments.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 446 - Control Of Mercury Emissions › Subchapter IV - Mercury Emission Standards for Other Sources › Section NR 446.20 - Mercury emission limits

Current through June 24, 2024
No person may cause, allow or permit emissions of
					 mercury:
(1) In quantities greater
				  than 2.3 kg (5.1 lbs) per 24-hour period from mercury cell chlor-alkali plants,
				  or mercury ore processing facilities.
(2) In quantities greater than 3.2 kg (7.1
				  lbs) per 24-hour period from sludge incineration plants, sludge drying plants,
				  or a combination of these that process wastewater treatment plant
				  sludges.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 446 - Control Of Mercury Emissions › Subchapter IV - Mercury Emission Standards for Other Sources › Section NR 446.21 - Stack sampling

Current through June 24, 2024
(1) MERCURY ORE PROCESSING FACILITIES.
(a) Unless a waiver of emission testing is
				  requested and obtained from the department, each owner or operator of a
				  facility processing mercury ore on which construction or modification commenced
				  after February 1, 1984 shall test emissions from the source in accordance with
				  Method 101 within 90 days after startup.
(b) The department shall be notified at least
				  30 days prior to a stack or performance test to afford it the opportunity to
				  have a representative present to witness the testing procedures. The notice
				  shall include a test plan in accordance with s.
				  NR
				  439.07.
(c) Samples shall be taken over such a period
				  as is necessary to accurately determine the maximum emissions which will occur
				  in a 24-hour period. No changes in the operation may be made which would
				  potentially increase emissions above that determined by the most recent source
				  test until the new emission level has been estimated by calculation and the
				  results reported to the department.
(d) All samples shall be analyzed, and
				  mercury emissions shall be determined within 30 days after the source test.
				  Each determination shall be reported to the department by registered letter
				  dispatched before the close of the next business day following the
				  determination.
(e) Records of
				  emission test results and other data needed to determine total emissions shall
				  be retained at the source and made available for inspection by a department
				  representative for a minimum of 2 years.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 447 - Control of asbestos emissions › Section NR 447.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY. This chapter applies to
				all air contaminant sources which may emit asbestos, to their owners and
				operators and to any person whose action causes the emission of asbestos to the
				ambient air.
(2) PURPOSE. This
				chapter is adopted under ss.
				285.11,
				285.13,
				285.17
				and
				285.27,
				Stats., to establish emission limitations for asbestos air contaminant sources,
				to establish procedures to be followed when working with asbestos materials and
				to create additional reporting and recordkeeping requirements for owners or
				operators of asbestos air contaminant sources in order to protect air
				quality.
This chapter is based on the federal regulations contained
					 in 40 CFR part 61, Subpart M.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 447 - Control of asbestos emissions › Section NR 447.02 - Definitions

Current through June 24, 2024
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:
(1) "ACM" means
				asbestos-containing material.
(a) "Category I
				nonfriable ACM" means asbestos-containing packings, gaskets, resilient floor
				covering and asphalt roofing products containing more than 1% asbestos as
				determined using the method specified in Appendix E to Subpart E, 40 CFR part
				763, section 1, Polarized Light Microscopy, incorporated by reference in s.
				NR
				484.04(28), that, when dry, cannot be
				crumbled, pulverized or reduced to powder by hand pressure.
(b) "Category II nonfriable ACM" means any
				material, excluding Category I nonfriable ACM, containing more than 1% asbestos
				as determined using the method specified in Appendix E to Subpart E, 40 CFR
				part 763, section 1, Polarized Light Microscopy that, when dry, cannot be
				crumbled, pulverized or reduced to powder by hand pressure.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 447 - Control of asbestos emissions › Section NR 447.03 - Asbestos mills

Current through June 24, 2024
(1) Each owner or operator of an asbestos
				mill shall either discharge no visible emissions to the outside air from that
				asbestos mill, including fugitive sources, or use the methods specified by s.
				NR
				447.15 to clean emissions containing particulate
				asbestos material before they escape to, or are vented to, the outside
				air.
(2) Each owner or operator of
				an asbestos mill shall meet all of the following requirements:
(a) Monitor each potential source of asbestos
				emissions from any part of the mill facility, including air cleaning devices,
				process equipment and buildings that house equipment for material processing
				and handling, at least once each day, during daylight hours, for visible
				emissions to the outside air during periods of operation. The monitoring shall
				be by visual observation of at least 15 seconds duration per source of
				emissions.
(b) Inspect each air
				cleaning device at least once each week for proper operation and for changes
				that signal the potential for malfunction, including, to the maximum extent
				possible without dismantling other than opening the device, the presence of
				tears, holes and abrasions in filter bags and for dust deposits on the clean
				side of bags. For air cleaning devices that cannot be inspected on a weekly
				basis according to this section, submit to the department, and revise as
				necessary, a written maintenance plan to include, at a minimum, the following:
1. Maintenance schedule.
2. Recordkeeping plan.
(c) Maintain records of the results of
				visible emissions monitoring and air cleaning device inspections and include
				the following:
1. Date and time of each
				inspection.
2. Presence or absence
				of visible emissions.
3. Condition
				of fabric filters, including presence of any tears, holes and
				abrasions.
4. Presence of dust
				deposits on clean side of fabric filters.
5. Brief description of corrective actions
				taken, including date and time.
6.
				Daily hours of operation for each air cleaning device.
(d) Furnish upon request, and make available
				at the affected facility during normal business hours for inspection by the
				department, all records required under this section.
(e) Retain a copy of all monitoring and
				inspection records for at least 2 years.
(f) Submit quarterly a copy of visible
				emission monitoring records to the department if visible emissions occurred
				during the report period. Quarterly reports shall be postmarked by the 30th day
				following the end of the calendar quarter.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 447 - Control of asbestos emissions › Section NR 447.04 - Roadways

Current through June 24, 2024
(1) Except as provided in sub. (2) no person
				may construct or maintain a roadway with asbestos tailings or
				asbestos-containing waste material on that roadway.
(2) A person may use asbestos tailings in the
				construction or maintenance of a roadway only if any one of the following
				applies:
(a) It is a temporary roadway on an
				area of asbestos ore deposits (asbestos mine).
(b) It is a temporary roadway at an active
				asbestos mill site and is encapsulated with resinous or bituminous binder. The
				encapsulated road surface shall be maintained at a minimum frequency of once
				per year to prevent dust emissions.
(c) It is encapsulated in asphalt concrete
				meeting the specifications contained in section 401 of Standard Specifications
				for Construction of Roads and Bridges on Federal Highway Projects, FP-92, 1992,
				incorporated by reference in s.
				NR
				484.06(3), or their
				equivalent.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 447 - Control of asbestos emissions › Section NR 447.05 - Manufacturing

Current through June 24, 2024
(1) APPLICABILITY. This section applies to
				the following manufacturing operations using commercial asbestos:
(a) The manufacture of cloth, cord, wicks,
				tubing, tape, twine, rope, thread, yarn, roving, lap or other textile
				materials.
(b) The manufacture of
				cement products.
(c) The
				manufacture of fireproofing and insulating materials.
(d) The manufacture of friction
				products.
(e) The manufacture of
				paper, millboard and felt.
(f) The
				manufacture of floor tile.
(g) The
				manufacture of paints, coatings, caulks, adhesives and sealants.
(h) The manufacture of plastics and rubber
				materials.
(i) The manufacture of
				chlorine utilizing asbestos diaphragm technology.
(j) The manufacture of shotgun shell
				wads.
(k) The manufacture of
				asphalt concrete.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 447 - Control of asbestos emissions › Section NR 447.06 - Demolition and renovation; applicability

Current through June 24, 2024
(1) PRE-INSPECTION.
				To determine which requirements of this section and ss.
				NR
				447.07 and apply 447.08 to the owner or operator of a
				demolition or renovation activity, the owner or operator shall, prior to the
				commencement of the demolition or renovation, thoroughly inspect the affected
				facility or part of the facility where the demolition or renovation operation
				will occur for the presence of asbestos, including Category I and Category II
				nonfriable ACM.
(2) APPLICABILITY.
				The requirements of ss.
				NR
				447.07 and apply 447.08 to each owner or operator of a
				demolition or renovation activity, including the removal of RACM as follows:
(a) In a facility being demolished, all the
				requirements of ss.
				NR
				447.07 and apply 447.08, except as provided in par.
				(c), if the combined amount of RACM meets any of the following:
1. At least 80 linear meters (260 linear
				feet) on pipes or at least 15 square meters (160 square feet) on other facility
				components; or
2. At least one
				cubic meter (35 cubic feet) off of facility components where the length or area
				could not be measured previously.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 447 - Control of asbestos emissions › Section NR 447.08 - Demolition and renovation; procedures for asbestos emission control

Current through June 24, 2024
Each owner or operator of a demolition or renovation activity
				  to whom this section applies, according to s.
				  NR
				  447.06, shall comply with the following
				  procedures:
(1) Remove all RACM from a
				facility being demolished or renovated before any activity begins that would
				break up, dislodge or similarly disturb the material or preclude access to the
				material for subsequent removal. RACM need not be removed before demolition if
				any of the following apply:
(a) It is Category
				I nonfriable ACM that is not in poor condition and is not friable.
(am) Removal of category I roofing shall meet
				the specifications in the Interpretive Rule Governing Roof Removal Operations,
				40 CFR part 61, Appendix A to Subpart M, incorporated by reference in s.
				NR
				484.04(21s).
(b) It is on a facility component that is
				encased in concrete or other similarly hard material and is adequately wet
				whenever exposed during demolition.
(c) It was not accessible for testing and
				was, therefore, not discovered until after demolition began and, as a result of
				the demolition, the material cannot be safely removed. If not removed for
				safety reasons, the exposed RACM and any asbestos-contaminated debris shall be
				treated as asbestos-containing waste material and adequately wet at all times
				until disposed of.
(d) It is
				Category II nonfriable ACM and the probability is low that the materials will
				become crumbled, pulverized or reduced to powder during demolition.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 447 - Control of asbestos emissions › Section NR 447.09 - Spraying

Current through June 24, 2024
(1) Except as provided in sub. (2), the owner
				or operator of an operation in which asbestos-containing materials are spray
				applied shall comply with the following requirements:
(a) For spray-on application on buildings,
				structures, pipes and conduits, the owner or operator may not use material
				containing more than 1% asbestos as determined using the method specified in
				Appendix E to Subpart E, 40 CFR part 763, section 1, Polarized Light
				Microscopy, incorporated by reference in s.
				NR
				484.04(28).
(b) For spray-on application of materials
				that contain more than 1% asbestos as determined using the method specified in
				Appendix E to Subpart E, 40 CFR part 763, section 1, Polarized Light
				Microscopy, on equipment and machinery, the owner or operator shall:
1. Notify the department at least 20 days
				before beginning the spraying operation. Include the following information in
				the notice:
a. Name and address of owner or
				operator.
b. Location of spraying
				operation.
c. Procedures to be
				followed to meet the requirements of this section.
2. Discharge no visible emissions to the
				outside air from spray-on application of the asbestos-containing material or
				use the methods specified by s.
				NR
				447.15 to clean emissions containing particulate
				asbestos material before they escape to, or are vented to, the outside
				air.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 447 - Control of asbestos emissions › Section NR 447.10 - Fabricating

Current through June 24, 2024
(1) APPLICABILITY. This section applies to
				the following fabricating operations using commercial asbestos:
(a) The fabrication of cement building
				products.
(b) The fabrication of
				friction products, except those operations that primarily install asbestos
				friction materials on motor vehicles.
(c) The fabrication of cement or silicate
				board for ventilation hoods; ovens; electrical panels; laboratory furniture,
				bulkheads, partitions and ceilings for marine construction; and flow control
				devices for the molten metal industry.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 447 - Control of asbestos emissions › Section NR 447.11 - Insulating materials

Current through June 24, 2024
No owner or operator of a facility may install or reinstall
				  on a facility component any insulating materials that contain commercial
				  asbestos if the materials are either molded and friable or wet-applied and
				  friable after drying. The provisions of this section do not apply to
				  spray-applied insulating materials regulated under s.
				  NR
				  447.09.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 447 - Control of asbestos emissions › Section NR 447.12 - Waste disposal for asbestos mills

Current through June 24, 2024
Each owner or operator of an asbestos mill shall comply with
				  all of the requirements of this section.
(1) An owner or operator shall deposit all
				asbestos-containing waste material at a waste disposal site operated in
				accordance with the provisions of s.
				NR
				447.17.
(2) An owner or operator shall discharge no
				visible emissions to the outside air from the transfer of control device
				asbestos waste to the tailings conveyor, or use the methods specified by s.
				NR
				447.15 to clean emissions containing particulate
				asbestos material before they escape to, or are vented to, the outside air.
				Dispose of the asbestos waste from control devices in accordance with s.
				NR
				447.13(1) or sub. (3).
(3) An owner or operator shall discharge no
				visible emissions to the outside air during the collection, processing,
				packaging or on-site transporting of any asbestos-containing waste material, or
				use one of the disposal methods specified in par. (a) or (b), as follows:
(a) Use a wetting agent as follows:
1. Adequately mix all asbestos-containing
				waste material with a wetting agent recommended by the manufacturer of the
				agent to effectively wet dust and tailings, before depositing the material at a
				waste disposal site. Use the agent as recommended for the particular dust by
				the manufacturer of the agent.
2.
				Discharge no visible emissions to the outside air from the wetting operation or
				use the methods specified by s.
				NR
				447.15 to clean emissions containing particulate
				asbestos material before they escape to, or are vented to, the outside
				air.
3. Wetting may be suspended
				when the ambient temperature at the waste disposal site is less than *9.5°C
				(15°F), as determined by an appropriate measurement method with an accuracy
				of " 1°C (" 2°F). During periods when wetting operations are suspended,
				the temperature shall be recorded at least at hourly intervals, and records
				shall be retained for at least 2 years in a form suitable for
				inspection.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 447 - Control of asbestos emissions › Section NR 447.13 - Waste disposal for manufacturing, fabricating, demolition, renovation and spraying operations

Current through June 24, 2024
Each owner or operator of any source covered under the
				  provisions of ss.
				  NR
				  447.05 to shall comply 447.10 with the following
				  provisions:
(1) Discharge no visible
				emissions to the outside air during the collection, processing (including
				incineration), packaging or transporting of any asbestos-containing waste
				material generated by the source, or use one of the emission control and waste
				treatment methods specified in pars. (a) to (d).
(a) Adequately wet asbestos-containing waste
				material as follows:
1. Mix control device
				asbestos waste to form a slurry; adequately wet other asbestos-containing waste
				material.
2. Discharge no visible
				emissions to the outside air from collection, mixing, wetting and handling
				operations, or use the methods specified by s.
				NR
				447.15 to clean emissions containing particulate
				asbestos material before they escape to, or are vented to, the outside
				air.
3. After wetting, seal all
				asbestos-containing waste material in leak-tight containers while wet; or, for
				materials that will not fit into containers without additional breaking, put
				materials into leak-tight wrapping.
4. Label the containers or wrapped materials
				specified in subd. 3. using warning labels specified by occupational safety and
				health standards of the U.S. department of labor, occupational safety and
				health administration, under
				29 CFR
				1910.1001(j) (4) (ii) or
				1926.1101(k) (8)
				(iii), incorporated by reference in s.
				NR 484.03(3) and
				(4). The labels shall be printed in letters
				of sufficient size and contrast so as to be readily visible and
				legible.
5. For asbestos-containing
				waste material to be transported off the facility site, label containers or
				wrapped materials with the name of the waste generator and the location at
				which the waste was generated.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 447 - Control of asbestos emissions › Section NR 447.14 - Inactive waste disposal sites for asbestos mills and manufacturing and fabricating operations

Current through June 24, 2024
Each owner or operator of any inactive waste disposal site
				  that was operated by sources covered under s.
				  NR
				  447.03,
				  447.05 or
				  447.10 and received deposits of
				  asbestos-containing waste material generated by the sources, shall:
(1) Comply with any of the following:
(a) Discharge no visible emissions to the
				outside air from an inactive waste disposal site subject to this
				section.
(b) Cover the
				asbestos-containing waste material with at least 15 centimeters (6 inches) of
				compacted nonasbestos-containing material, and grow and maintain a cover of
				vegetation on the area adequate to prevent exposure of the asbestos-containing
				waste material. In desert areas where vegetation would be difficult to
				maintain, at least 8 additional centimeters (3 inches) of well-graded,
				nonasbestos crushed rock may be placed on top of the final cover instead of
				vegetation and maintained to prevent emissions.
(c) Cover the asbestos containing waste
				material with at least 60 centimeters (2 feet) of compacted
				nonasbestos-containing material, and maintain it to prevent exposure of the
				asbestos-containing waste.
(d) For
				inactive waste disposal sites for asbestos tailings, a resinous or
				petroleum-based dust suppression agent that effectively binds dust to control
				surface air emissions may be used instead of the methods in pars. (a) to (c).
				Use the agent in the manner and frequency recommended for the particular
				asbestos tailings by the manufacturer of the dust suppression agent to achieve
				and maintain dust control. Obtain prior written approval of the department to
				use other equally effective dust suppression agents. For purposes of this
				paragraph, any used, spent or other waste oil is not considered a dust
				suppression agent.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 447 - Control of asbestos emissions › Section NR 447.15 - Air cleaning

Current through June 24, 2024
(1) The owner or operator who uses air
				cleaning, as specified in ss.
				NR
				447.03(1),
				447.05(2) (a) 2.,
				447.08(3) (a) 2. a.
				or (4) (b), 447.09 (1) (b) 2., 447.10 (2) (a) 2., 447.12 (2) or (3) (a) 2.,
				447.13 (1) (a) 2. or (b) 2., and 447.18 (5) shall:
(a) Use fabric filter collection devices,
				except as noted in sub. (2), doing all of the following:
1. Ensuring that the airflow permeability, as
				determined by ASTM Method D737-96, incorporated by reference in s.
				NR
				484.10(10), does not exceed 9
				m3/min/m2 (30 ft3min/ft2) for woven fabrics or 11 m3/min/m2 (35 ft3/min/ft2)
				for felted fabrics, except that 12 m3/min/m2 (40 ft3/min/ft2) for woven and 14
				m3/min/m2 (45 ft3/min/ft2) for felted fabrics is allowed for filtering air from
				asbestos ore dryers.
2. Ensuring
				that felted fabric weighs at least 475 grams per square meter (14 ounces per
				square yard) and is at least 1.6 millimeter (one-sixteenth inch) thick
				throughout.
3. Avoiding the use of
				synthetic fabrics that contain fill yarn other than that which is
				spun.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 447 - Control of asbestos emissions › Section NR 447.16 - Reporting

Current through June 24, 2024
(1) Any new source to which this chapter
				applies, with the exception of sources subject to ss.
				NR
				447.04,
				447.06,
				447.07,
				447.08,
				447.09 and
				447.11, which has an initial startup
				date preceding November 1, 1992, shall provide the information required in this
				subsection to the department postmarked or delivered within 90 days of November
				1, 1992. In the case of a new source that does not have an initial startup date
				preceding November 1, 1992, the information shall be provided, postmarked or
				delivered, within 90 days of the initial startup date. Any owner or operator of
				an existing source shall provide the following information to the department
				within 90 days of November 1, 1992 unless the owner or operator of the existing
				source has previously provided this information to the department. Any changes
				in the information provided by any existing source shall be provided to the
				department, postmarked or delivered, within 30 days after the change. The
				information shall include:
(a) A description
				of the emission control equipment used for each process;
(b) If a fabric filter device is used to
				control emissions,
1. The airflow permeability
				in m3/min/m2 (ft3/min/ft2) if the fabric filter device uses a woven fabric and,
				if the fabric is synthetic, whether the fill yarn is spun or not spun;
				and
2. If the fabric filter device
				uses a felted fabric, the density in g/m2 (oz/yd2), the minimum thickness in
				millimeters (inches), and the airflow permeability in m3/min/m2
				(ft3/min/ft2);
(c) If a
				High Efficiency Particulate Air (HEPA) filter is used to control emissions, the
				certified efficiency of the filter.
(d) For sources subject to s.
				NR
				447.12 or the shall 447.13 include all of the
				following:
1. A brief description of each
				process that generates asbestos-containing waste material.
2. The average volume of asbestos-containing
				waste material disposed of, measured in m3/day (yd3/day).
3. The emission control methods used in all
				stages of waste disposal.
4. The
				type of disposal site or incineration site used for ultimate disposal, the name
				of the site operator, and the name and location of the disposal site.
(e) For sources subject to s.
				NR
				447.14 or
				447.17, the information shall include
				all of the following:
1. A brief description
				of the site.
2. The method or
				methods used to comply with the standard or alternative procedures to be
				used.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 447 - Control of asbestos emissions › Section NR 447.17 - Active waste disposal sites

Current through June 24, 2024
Each owner or operator of an active waste disposal site that
				  receives asbestos-containing waste material from a source covered under s.
				  NR
				  447.12,
				  447.13 or shall meet 447.18 the
				  following requirements:
(1) Either
				there shall be no visible emissions to the outside air from any active waste
				disposal site where asbestos-containing waste material has been deposited, or
				the requirements of sub. (3) or (4) shall be met.
(2) Unless a natural barrier exists, either
				warning signs and fencing shall be installed and maintained as follows, or the
				requirements of sub. (3) (a) shall be met.
(a) Warning signs shall be displayed at all
				entrances and at intervals of 100 m (330 ft) or less along the property line of
				the site or along the perimeter of the sections of the site where
				asbestos-containing waste material is deposited. The warning signs shall:
1. Be posted in such a manner and location
				that a person can easily read the legend;
2. Conform to the requirements of 51 cm
				× 36 cm (20 [EURO]z × 14 [EURO]z) upright format signs specified in
				29 CFR
				1910.145(d) (4),
				incorporated by reference in s.
				NR
				484.03, and this paragraph; and
3. Display the following legend in the lower
				panel with letter sizes and styles of a visibility at least equal to those
				specified in this paragraph.
Legend
Notation
Asbestos Waste Disposal Site
2.5 cm (1 inch) Sans Serif, Gothic or Block
Do Not Create Dust
1.9 cm (3/4 inch) Sans Serif, Gothic or
								Block
Breathing Asbestos is Hazardous to Your
								Health
14 point Gothic
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 447 - Control of asbestos emissions › Section NR 447.18 - Operations that convert asbestos-containing waste material into nonasbestos (asbestos-free) material

Current through June 24, 2024
Each owner or operator of an operation that converts RACM and
				  asbestos-containing waste material into nonasbestos (asbestos-free) material
				  shall:
(1) Obtain the prior written
				approval of the administrator to construct the facility.
Note: The information which must be submitted to obtain
				  approval of the administrator is specified in
				  40
				  CFR 61.155(a). This includes
				  the performance test protocol, including provisions for obtaining information
				  required under sub. (2).
(2) Conduct a startup performance test. Test
				results shall include:
(a) A detailed
				description of the types and quantities of nonasbestos material, RACM and
				asbestos-containing waste material processed, e.g., asbestos cement products,
				friable asbestos insulation, plaster, wood, plastic, wire, etc. The tests shall
				be conducted using the full range of materials that will be encountered in
				actual operation of the process.
(b) Results of analyses, using polarized
				light microscopy, that document the asbestos content of the wastes
				processed.
(c) Results of analyses,
				using transmission electron microscopy, that document that the output materials
				are free of asbestos. Samples for analysis shall be collected as 8-hour
				composite samples, one 200-gram (7-ounce) sample per hour, beginning with the
				initial introduction of RACM or asbestos-containing waste material and
				continuing until the end of the performance test.
(d) A description of operating parameters,
				such as temperature and residence time, defining the full range over which the
				process is expected to operate to produce nonasbestos (asbestos-free)
				materials. Specify the limits for each operating parameter within which the
				process will produce nonasbestos (asbestos-free) materials.
(e) The length of the test.