reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 439 - Reporting, Recordkeeping, Testing, Inspection AndDetermination Of Compliance Requirements › Section NR 439.08 - Methods and procedures for periodic fuel sampling and analysis

Current through June 24, 2024
The owner or operator of a source required to conduct fuel
			  sampling and analysis under s.
			  NR
			  439.085 shall use the methods and procedures listed in
			  this section to obtain fuel samples and perform analyses for certain properties
			  and constituents. Alternative methods may be used if approved, in writing, by
			  the department.
(1) SAMPLING AND
			ANALYSIS OF COAL.
(a)
Coal
			sampling
. Coal sampling shall be performed according to ASTM D2234-02,
			Standard Practice for Collection of a Gross Sample of Coal, incorporated by
			reference in s.
			NR
			484.10(33).
(b) Preparing coal for analysis. Preparation
			of a coal sample for analysis shall be performed according to ASTM D2013-01,
			Standard Method of Preparing Coal Samples for Analysis, incorporated by
			reference in s.
			NR
			484.10(30).
(c)
Sulfur content in coal
.
			The sulfur content of a coal sample shall be determined according to ASTM
			D3177-02, Standard Test Methods for Total Sulfur in the Analysis Sample of Coal
			and Coke, or ASTM D4239-04a, Standard Test Methods for Sulfur in the Analysis
			Sample of Coal and Coke Using High Temperature Tube Furnace Combustion Methods,
			both incorporated by reference in s.
			NR
			484.10(45) and (53).
(d)
Heat content in coal
.
			The heat content of a coal sample shall be determined according to ASTM
			D5865-04, Standard Test Method for Gross Calorific Value of Coal and Coke,
			incorporated by reference in s.
			NR
			484.10(55g).
(e)
Ash content in coal
. The
			ash content of a coal sample shall be determined according to ASTM D3174-04,
			Standard Test Method for Ash in the Analysis Sample of Coal and Coke from Coal,
			incorporated by reference in s.
			NR
			484.10(43).
(f)
Moisture content in
			coal
. The moisture content of a coal sample shall be determined
			according to ASTM D3173-02, Standard Test Method for Moisture in the Analysis
			Sample of Coal and Coke, incorporated by reference in s.
			NR
			484.10(42).
(g)
Ultimate analysis of
			coal
. The ultimate analysis of a coal sample shall be determined
			according to ASTM D3176-89, Standard Practice for Ultimate Analysis of Coal and
			Coke, incorporated by reference in s.
			NR
			484.10(44).
(h)
Coal audit samples
. The
			owner or operator of a source shall be required to participate at least once
			every 6 months in an interlaboratory coal audit program acceptable to the
			department. The results of the audit shall be reported to the department in the
			quarterly report on coal quality required under s.
			NR
			439.085(2) following receipt of the
			results from the audit program. The results shall comply with quality control
			and quality assurance procedures submitted by the owner or operator of the
			source and approved by the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 439 - Reporting, Recordkeeping, Testing, Inspection AndDetermination Of Compliance Requirements › Section NR 439.085 - Periodic fuel sampling and analysis requirements

Current through June 24, 2024
(1) GENERAL
			APPLICABILITY. Effective April 1, 1989, the requirements of this section apply
			to all owners or operators of sources described in this section, with the
			following exceptions:
(a) Sources affected by
			the RACT sulfur limitations in s.
			NR
			418.04,
			418.05,
			418.06,
			418.07 or
			418.08.
(b) Sources with approved RACT variances
			under s.
			NR
			436.05 affected by the sulfur limitations in s.
			NR
			418.025 or
			418.03.
(c) Sources which have installed a sulfur
			dioxide continuous emission monitor that meets the performance specification
			requirements of s.
			NR
			439.09.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 439 - Reporting, Recordkeeping, Testing, Inspection AndDetermination Of Compliance Requirements › Section NR 439.095 - Continuous emission monitoring requirements

Current through June 24, 2024
(1) APPLICABILITY
			AND GENERAL REQUIREMENTS. Except as provided in sub. (2), the owner or operator
			of a direct stationary source listed in this subsection shall install,
			calibrate, operate and maintain all monitoring equipment necessary for
			continuously monitoring the pollutants specified in this subsection for the
			applicable source. The type of monitoring equipment used and the manner and
			location of its installation are subject to prior department approval. The
			sources and their respective monitoring requirements are as follows:
(a) Fossil fuel fired steam generating units
			identified in sub. (5) shall be monitored for opacity, nitrogen oxide
			emissions, sulfur dioxide emissions, and oxygen or carbon dioxide.
(b) Fluid bed catalytic cracking unit
			catalyst regenerators identified in sub. (5) shall be monitored for
			opacity.
(c) Sulfuric acid plants
			identified in sub. (5) shall be monitored for sulfur dioxide
			emissions.
(d) Nitric acid plants
			identified in sub. (5) shall be monitored for nitrogen oxide
			emissions.
(e) Yeast manufacturing
			fermenters identified in sub. (5) shall be monitored for VOCs.
(f) Phase I and phase II acid rain units
			identified in sub. (5) shall be monitored for sulfur dioxide, nitrogen oxides,
			carbon dioxide, stack flow rate and opacity.
(g) Direct stationary sources, required under
			an enforcement agreement or which have elected to use continuous emission
			monitoring to determine compliance with applicable rules, shall monitor for the
			parameters and pollutants for which they have installed the monitoring device.
			Those parameters may include stack flow rate, opacity, or emissions of nitrogen
			oxides, sulfur dioxide, total reduced sulfur, carbon dioxide, VOCs and
			hazardous air contaminants.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 439 - Reporting, Recordkeeping, Testing, Inspection AndDetermination Of Compliance Requirements › Section NR 439.096 - Methods and procedures for combustion optimization

Current through June 24, 2024
The owner or operator of a unit subject to the combustion
			  optimization requirements of s.
			  NR
			  428.05(2) shall comply with all
			  applicable methods and procedures for combustion optimization listed in this
			  section.
(1) GENERAL. All combustion
			optimizations conducted shall be performed according to methods approved in
			writing by the department. The owner or operator responsible for combustion
			optimizations shall follow the procedures in this section.
(2) COMBUSTION OPTIMIZATION NOTIFICATION AND
			PLAN SUBMITTAL. The department shall be notified in writing at least 45 days in
			advance of a combustion optimization to provide the department an opportunity
			to evaluate the plan and to have a representative present to witness the
			combustion optimization procedures. The notice shall provide a combustion
			optimization plan which includes, but need not be limited to, the following
			information:
(a) The results of an
			engineering study of the process to be optimized. The engineering report shall
			identify and evaluate the options available for modifications to the process
			that would optimize combustion while minimizing NOx emissions.
(b) A description of the process or operation
			variables which affect the air contaminant source's emissions.
(c) A description of the process to be
			optimized.
(d) A description of the
			sampling equipment and the combustion optimization methods and procedures to be
			used.
(e) The date and starting
			time of the combustion optimization.
(f) A description of the number and location
			of any sampling ports and sampling points and an identification of the
			combustion gases to be sampled.
(g)
			A statement indicating the production rate and the operating conditions at
			which the combustion optimization will be conducted.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 439 - Reporting, Recordkeeping, Testing, Inspection AndDetermination Of Compliance Requirements › Section NR 439.098 - Methods and procedures for parametric testing of NOx emissions pursuant to an acid rain program alternative NOx emission limitation

Current through June 24, 2024
(1) The owner or
			operator of an affected unit subject to the requirements of s.
			NR
			409.065 may use the following tests as a basis for the
			report required by s.
			NR 409.065(6) (e)
			7.
(a) An
			ultimate analysis of coal conducted according to ASTM D 3176-89, incorporated
			by reference in s.
			NR
			484.10(44).
(b) A proximate analysis of coal conducted
			according to ASTM D 3172-89, incorporated by reference in s.
			NR
			484.10(41m).
(c) A measurement of the coal mass flow rate
			to each individual burner using ASME Performance Test Code 4.2 -1969 (1997) or
			ISO 9931 (1991), incorporated by reference in s.
			NR 484.11(6) and
			(8).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 439 - Reporting, Recordkeeping, Testing, Inspection AndDetermination Of Compliance Requirements › Section NR 439.10 - Circumvention

Current through June 24, 2024
No person may cause, allow or permit the installation or use
			  of any article, machine, equipment, process or method which conceals an
			  emission which would otherwise constitute a violation of an applicable rule.
			  Concealment includes, but is not limited to, the use of gaseous diluents to
			  achieve compliance and the unnecessary separation of an operation into parts to
			  avoid coverage by a rule that applies only to operations larger than a
			  specified size.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 439 - Reporting, Recordkeeping, Testing, Inspection AndDetermination Of Compliance Requirements › Section NR 439.11 - Malfunction prevention and abatement plans

Current through June 24, 2024
(1) The owner or
			operator of any direct or portable source which may emit hazardous substances
			or emits more than 15 pounds in any day or 3 pounds in any hour of any air
			contaminant for which emission limits have been adopted shall prepare a
			malfunction prevention and abatement plan to prevent, detect and correct
			malfunctions or equipment failures which may cause any applicable emission
			limitation to be violated or which may cause air pollution. The plan shall be
			in writing and updated at least every 5 years, and shall include:
(a) Identification of the individual
			responsible for inspecting, maintaining and repairing the air pollution control
			equipment.
(b) The maximum
			intervals for inspection and routine maintenance of the air pollution control
			equipment. The maximum interval for routine inspection and maintenance may not
			exceed that recommended by the manufacturer unless otherwise specified in a
			plan prepared under this section.
(c) A description of the items or conditions
			that will be checked.
(d) A listing
			of materials and spare parts that will be maintained in inventory.
(e) A description of the corrective
			procedures that will be taken in the event of a malfunction or failure which
			results in the exceedance of the applicable emission limitation. These
			corrective procedures shall achieve and maintain compliance with the applicable
			emission limitations as expeditiously as possible but not longer than the time
			necessary to discontinue operation of the source consistent with safe operating
			procedures.
(f) A description of
			the activities and maximum intervals for routine maintenance and inspection of
			instrumentation installed and operated to monitor the operation of air
			pollution control equipment as required under s.
			NR
			439.055(1). The maximum interval for
			inspection and routine maintenance may not exceed that recommended by the
			manufacturer of the instrumentation unless otherwise specified in a plan
			prepared under this section.
(g)
			The calibration schedule for any device which monitors either a source or air
			pollution control equipment operational variables. The time between
			calibrations may not exceed one year or as specified in a plan prepared under
			this section, whichever is shorter.
(h) Such other information as the department
			may deem pertinent.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter I - General Provisions › Section NR 440.03 - Units and abbreviations

Current through June 24, 2024
The definitions contained in s.
				NR 400.03
				apply to the abbreviations and symbols of units of measure used in this
				chapter. In addition, the following definitions apply to the units and
				abbreviations used in this chapter:
(1) System international (SI) units of
			  measure:
MJ - megajoule-106 joule
(2) Other units of measure:
(a) cal - calorie
(b) cu ft - cubic feet
(c) k - 1,000
(d) mol. wt. - molecular weight
(e) ppb - parts per billion (by
			  volume)
(f) scf - cubic feet at
			  standard conditions
(g) scfh -
			  cubic feet per hour at standard conditions
(h) scfm - cubic feet per minute at standard
			  conditions
(i) scm - cubic meter at
			  standard conditions
(j) sec -
			  second
(k) sq ft - square feet
(L) std - at standard
			  conditions
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter I - General Provisions › Section NR 440.04 - Addresses

Current through June 24, 2024
All requests, reports, applications, submittals and other
				communications to the department under this chapter shall be submitted in
				duplicate and addressed to the appropriate regional office of the department of
				natural resources, to the attention of the regional director. The regional
				offices are:
(1) DNR South Central
			  Region, 2801 Coho St, Madison WI 53713.
(2) DNR Northeast Region, 1125 N Military
			  Ave, PO Box 10448, Green Bay WI 54307-0448.
(3) DNR West Central Region, 1300 Clairemont
			  Ave, Call Box 4001, Eau Claire WI 54702.
(4) DNR Southeast Region, Air Management
			  Section, 2300 N Dr Martin Luther King Jr Dr, PO Box 12436, Milwaukee WI
			  53212.
(5) DNR Northern Region, Hwy
			  70 West, Box 309, Spooner WI 54801.
The counties in each administrative region are:
(1) South Central Region-Columbia, Crawford, Dane,
				  Dodge, Grant, Green, Iowa, Jefferson, LaFayette, Richland, Rock and Sauk
				  Counties.
(2) Northeast Region-Brown, Calumet, Door, Fond du Lac,
				  Green Lake, Kewaunee, Manitowoc, Marinette, Marquette, Menominee, Oconto,
				  Outagamie, Shawano, Waupaca, Waushara and Winnebago Counties.
(3) West Central Region-Adams, Buffalo, Chippewa, Clark,
				  Dunn, Eau Claire, Jackson, Juneau, LaCrosse, Marathon, Monroe, Pepin, Pierce,
				  Portage, St. Croix, Trempealeau, Vernon and Wood Counties.
(4) Southeast Region-Kenosha, Milwaukee, Ozaukee,
				  Racine, Sheboygan, Walworth, Washington and Waukesha Counties.
(5) Northern Region-Ashland, Barron, Bayfield, Burnett,
				  Douglas, Florence, Forest, Iron, Langlade, Lincoln, Oneida, Polk, Price, Rusk,
				  Sawyer, Taylor, Vilas and Washburn Counties.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter I - General Provisions › Section NR 440.05 - Determination of construction or modification

Current through June 24, 2024
(1) When requested
			  to do so by an owner or operator, the department shall make a determination of
			  whether action taken or intended to be taken by the owner or operator
			  constitutes construction, including reconstruction, or modification or the
			  commencement thereof within the meaning of this chapter.
(2) The department shall respond to any
			  request for a determination under sub. (1) within 30 days of receipt of the
			  request.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter I - General Provisions › Section NR 440.06 - Review of plans

Current through June 24, 2024
(1) When requested to do so by an owner or
			  operator, the department shall review plans for construction or modification
			  for the purpose of providing technical advice to the owner or operator.
(a) A separate request shall be submitted for
			  each construction or modification project.
(b) Each request shall identify the location
			  of the project and be accompanied by technical information describing the
			  proposed nature, size, design and method of operation of each affected facility
			  involved in the project, including information on any equipment to be used for
			  measurement or control of emissions.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter I - General Provisions › Section NR 440.07 - Notification and recordkeeping

Current through June 24, 2024
(1) Any owner or
			  operator subject to the provisions of this chapter shall furnish the department
			  written notification or, if acceptable to both the department and the owner or
			  operator of a source, electronic notification, as follows:
(a) A notification of the date construction,
			  or reconstruction as defined under s.
			  NR
			  440.15, of an affected facility is commenced,
			  postmarked no later than 30 days after such date. This requirement does not
			  apply in case of mass-produced facilities which are purchased in completed
			  form.
(c) A notification of the
			  actual date of initial startup of an affected facility, postmarked within 15
			  days after such date.
(d) A
			  notification of any physical or operational change to an existing facility
			  which may increase the emission rate of any air pollutant to which a standard
			  applies, unless that change is specifically exempted under an applicable
			  section of this chapter or in s.
			  NR
			  440.14(5). This notice shall be
			  postmarked 60 days or as soon as practicable before the change is commenced and
			  shall include information describing the precise nature of the change, present
			  and proposed emission control systems, productive capacity of the facility
			  before and after the change, and the expected completion date of the change.
			  The department may request additional relevant information subsequent to this
			  notice.
(e) A notification of the
			  date upon which demonstration of the continuous monitoring system performance
			  commences in accordance with s.
			  NR
			  440.13(3). Notification shall be
			  postmarked not less than 30 days prior to such date.
(f) A notification of the anticipated date
			  for conducting the opacity observations required by s.
			  NR
			  440.11(5) (a). The notification shall
			  also include, if appropriate, a request for the department to provide a visible
			  emissions reader during a performance test. The notification shall be
			  postmarked not less than 30 days prior to the anticipated opacity observation
			  date.
(g) A notification that
			  continuous opacity monitoring system data results will be used to determine
			  compliance with the applicable opacity standard during a performance test
			  required by s.
			  NR 440.08, in
			  lieu of Method 9 in 40 CFR part 60, Appendix A, incorporated by reference in s.
			  NR
			  440.17, observation data, as allowed by s.
			  NR
			  440.11(5) (f). This notification
			  shall be postmarked not less than 30 days prior to the date of the performance
			  test.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter I - General Provisions › Section NR 440.08 - Performance tests

Current through June 24, 2024
(1) Within 60 days after achieving the
			  maximum production rate at which the affected facility will be operated, but
			  not later than 180 days after initial startup of the facility and at such other
			  times as may be required by the department, the owner or operator of the
			  facility shall conduct performance tests and furnish the department a written
			  report of the results of the performance tests.
(2) Except as provided in sub. (2m),
			  performance tests shall be conducted and data reduced in accordance with the
			  test methods and procedures contained in each applicable section of this
			  chapter unless the department specifies or approves, in specific cases, the use
			  of a reference method with minor changes in methodology or waives the
			  requirement for performance tests because the owner or operator of a source has
			  demonstrated by other means to the department's satisfaction that the affected
			  facility is in compliance with the standard, or the department approves shorter
			  sampling times and smaller sampling volumes when necessitated by process
			  variables, or unless the administrator:
(a)
			  Approves the use of an equivalent method, or
(b) Approves the use of an alternative method
			  the results of which the administrator has determined to be adequate for
			  indicating whether a specific source is in compliance.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter I - General Provisions › Section NR 440.09 - Enforcement; penalties

Current through June 24, 2024
(1) If the department has reason to believe
			  that a violation of this chapter has occurred, it may proceed under s.
			  285.83,
			  Stats.
(2) Any person who violates
			  any provision of this chapter is subject to the penalties provided under s.
			  285.87,
			  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter I - General Provisions › Section NR 440.10 - Other requirements apply

Current through June 24, 2024
(1) Exemption or
			  the granting of an exemption from any requirement of this chapter does not
			  relieve any person from compliance with other requirements under this chapter
			  or with requirements under chs.
			  NR
			  400 to
			  439 or
			  445 to
			  499 or ch. 285 or s.
			  299.15,
			  Stats.
(2) In cases where an
			  emission limitation or other requirement set in chs.
			  NR
			  400 to
			  439 or
			  445 to
			  499, a permit, plan approval or
			  special order also applies to a source or facility affected by this chapter,
			  the more restrictive limitation shall be met.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter I - General Provisions › Section NR 440.11 - Compliance with standards and maintenance requirements

Current through June 24, 2024
(1) Compliance with
			  standards in this chapter, other than opacity standards, shall be determined
			  only by performance tests established by s.
			  NR 440.08,
			  unless otherwise specified in the applicable standard.
(2) Compliance with opacity standards in this
			  chapter shall be determined by conducting observations in accordance with
			  Method 9 in 40 CFR part 60, Appendix A, incorporated by reference in s.
			  NR
			  440.17(1), with any alternative
			  method that is approved by the administrator, or as provided in sub. (5) (e).
			  For purposes of determining initial compliance, the minimum total time of
			  observations shall be 3 hours (30 6-minute averages) for the performance test
			  or other set of observations (meaning those fugitive-type emission sources
			  subject only to an opacity standard).
(3) The opacity standards set forth in this
			  chapter shall apply at all times except during periods of startup, shutdown,
			  malfunction and as otherwise provided in the applicable standard.
(4) At all times, including periods of
			  startup, shutdown and malfunction, owners and operators shall, to the extent
			  practicable, maintain and operate any affected facility including associated
			  air pollution control equipment in a manner consistent with good air pollution
			  control practice for minimizing emissions. Determination of whether acceptable
			  operating and maintenance procedures are being used will be based on
			  information available to the department which may include, but is not limited
			  to, monitoring results, opacity observations, review of operating and
			  maintenance procedures and inspection of the source.
(5)
(a) For
			  the purpose of demonstrating initial compliance, opacity observations shall be
			  conducted concurrently with the initial performance test required in s.
			  NR 440.08,
			  unless one of the following conditions apply:
1. If no performance test under s.
			  NR 440.08 is
			  required, then opacity observations shall be conducted within 60 days after
			  achieving the maximum production rate at which the affected facility will be
			  operated, but no later than 180 days after initial startup of the
			  facility.
2. If visibility or other
			  conditions prevent the opacity observations from being conducted concurrently
			  with the initial performance test required under s.
			  NR 440.08, the
			  owner or operator of an affected facility shall reschedule the opacity
			  observations as soon after the initial performance test as possible, but not
			  later than 30 days thereafter, and shall advise the department of the
			  rescheduled date.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter I - General Provisions › Section NR 440.12 - Circumvention

Current through June 24, 2024
No owner or operator subject to the provisions of this
				chapter may build, erect, install or use any article, machine, equipment or
				process, the use of which conceals an emission which would otherwise constitute
				a violation of an applicable standard. Such concealment includes, but is not
				limited to, the use of gaseous diluents to achieve compliance with an opacity
				standard or with a standard which is based on the concentration of a pollutant
				in the gases discharged to the atmosphere.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter I - General Provisions › Section NR 440.14 - Modification

Current through June 24, 2024
(1) Except as provided under subs. (5), (6)
			  and (8) to (12), any physical or operational change to an existing facility
			  which results in an increase in the emission rate to the atmosphere of any
			  pollutant to which a standard applies shall be considered a modification within
			  the meaning of this chapter. Upon modification, an existing facility becomes an
			  affected facility for each pollutant to which a standard applies and for which
			  there is an increase in the emission rate to the atmosphere.
(2) Emission rate shall be expressed as kg/hr
			  of any pollutant discharged into the atmosphere for which a standard is
			  applicable. The department shall use the following to determine emission rate:
(a) Emission factors as specified in
			  "Compilation of Air Pollutant Emission Factors," AP-42, Volume 1: Stationary
			  Point and Area Sources, EPA-OAQPS, as amended, incorporated by reference in s.
			  NR
			  440.17(2) (i) 2., or other emission
			  factors determined by the department to be superior to AP-42 emission factors,
			  in cases where utilization of emission factors demonstrates that the emission
			  level resulting from the physical or operational change will either clearly
			  increase or clearly not increase.
(b) Material balances, continuous monitor
			  data, or manual emission tests in cases where utilization of emission factors
			  as referenced in par. (a) does not demonstrate to the department's satisfaction
			  whether the emission level resulting from the physical or operational change
			  will either clearly increase or clearly not increase, or where an owner or
			  operator demonstrates to the department's satisfaction that there are
			  reasonable grounds to dispute the result obtained by the department utilizing
			  emission factors as referenced in par. (a). When the emission rate is based on
			  results from manual emission tests or continuous monitoring systems, the
			  procedures specified in 40 CFR part 60, Appendix C, incorporated by reference
			  in s.
			  NR
			  440.17, shall be used to determine whether an increase
			  in emission rate has occurred. Tests shall be conducted under such conditions
			  as the department may specify to the owner or operator based on representative
			  performance of the facility. At least 3 valid test runs shall be conducted
			  before and at least 3 after the physical or operational change. All operating
			  parameters which may affect emissions shall be held constant to the maximum
			  feasible degree for all test runs.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter I - General Provisions › Section NR 440.15 - Reconstruction

Current through June 24, 2024
(1) An existing facility, upon
			  reconstruction, becomes an affected facility, irrespective of any change in
			  emission rate.
(2) "Reconstruction"
			  means the replacement of components of an existing facility to such an extent
			  that:
(a) The fixed capital cost of the new
			  components exceeds 50% of the fixed capital cost that would be required to
			  construct a comparable entirely new facility, and
(b) It is technologically and economically
			  feasible to meet the applicable standards set forth in this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter I - General Provisions › Section NR 440.18 - General control device requirements

Current through June 24, 2024
(1) INTRODUCTION.
			  This section contains requirements for control devices used to comply with
			  applicable sections of this chapter and chs.
			  NR
			  445 to
			  484. The requirements are placed
			  in this section for administrative convenience and only apply to facilities
			  covered by sections or chapters referring to this section.
(2) FLARES. Subsections (3) through (6) apply
			  to flares.
(3)
(a) Flares shall be designed for and operated
			  with no visible emissions as determined by the methods specified in sub. (6),
			  except for periods not to exceed a total of 5 minutes during any 2 consecutive
			  hours.
(b) Flares shall be operated
			  with a flame present at all times, as determined by the methods specified in
			  sub. (6).
(c) Flares shall be used
			  only with the net heating value of the gas being combusted being 11.2 MJ/scm
			  (300 Btu/scf) or greater if the flare is steam-assisted or air-assisted; or
			  with the net heating value of the gas being combusted being 7.45 MJ/scm (200
			  Btu/scf) or greater if the flare is nonassisted. The net heating value of the
			  gas being combusted shall be determined by the methods specified in sub.
			  (6).
(d)
1. Steam-assisted and nonassisted flares
			  shall be designed for and operated with an exit velocity, as determined by the
			  methods specified in sub. (6) (d), less than 18.3 m/sec (60 ft/sec), except as
			  provided in subds. 2. and 3.
2.
			  Steam-assisted and nonassisted flares designed for and operated with an exit
			  velocity, as determined by the methods specified in sub. (6) (d), equal to or
			  greater than 18.3 m/sec (60 ft/sec) but less than 122 m/sec (400 ft/sec) are
			  allowed if the net heating value of the gas being combusted is greater than
			  37.3 MJ/scm (1,000 Btu/scf).
3.
			  Steam-assisted and nonassisted flares designed for and operated with an exit
			  velocity, as determined by the methods specified in sub. (6) (d), less than the
			  velocity, Vmax, as determined by the method specified in
			  sub. (6) (e), and less than 122 m/sec (400 ft/sec) are allowed.
(e) Air-assisted flares shall be
			  designed and operated with an exit velocity less than the velocity,
			  Vmax, as determined by the method specified in sub. (6)
			  (f).
(f) Flares used to comply with
			  this section shall be steam-assisted, air-assisted, or nonassisted.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter II - Standards of Performance › Section NR 440.19 - Fossil-fuel-fired steam generators for which construction is commenced after August 17, 1971

Current through June 24, 2024
(1) APPLICABILITY AND DESIGNATION OF AFFECTED
			  FACILITY.
(a) The affected facilities to which
			  the provisions of this section apply are:
1.
			  Each fossil-fuel-fired steam generating unit of more than 73 megawatts heat
			  input rate (250 million Btu per hour).
2. Each fossil-fuel and wood-residue-fired
			  steam generating unit capable of firing fossil fuel at a heat input rate of
			  more than 73 megawatts (250 million Btu per hour).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter II - Standards of Performance › Section NR 440.20 - Electric steam generating units for which construction is commenced after September 18, 1978

Current through June 24, 2024
(1) APPLICABILITY AND DESIGNATION OF AFFECTED
			  FACILITY.
(a) The affected facility to which
			  this section applies is each electric utility steam generating unit:
1. That is capable of combusting more than 73
			  megawatts (250 million Btu/hour) heat input of fossil fuel, either alone or in
			  combination with any other fuel; and
2. For which construction or modification is
			  commenced after September 18, 1978.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter II - Standards of Performance › Section NR 440.207 - Small industrial-commercial-institutional steam generating units

Current through June 24, 2024
(1) APPLICABILITY.
(a) Except as provided in par. (d), the
			  affected facility to which this section applies is each steam generating unit
			  for which construction, modification or reconstruction is commenced after June
			  9, 1989 and that has a maximum design heat input capacity of 29 megawatts (MW)
			  (100 million Btu per hour (Btu/hr)) or less, but greater than or equal to 2.9
			  MW (10 million Btu/hr).
(c) Steam
			  generating units which meet the applicability requirements in par. (a) are not
			  subject to the sulfur dioxide (SO2) or particulate matter (PM) emission limits,
			  performance testing requirement, or monitoring requirements under this section
			  during periods of combustion research.
(d) Any temporary change to an existing steam
			  generating unit for the purpose of conducting combustion research is not
			  considered a modification under s.
			  NR
			  440.14.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter II - Standards of Performance › Section NR 440.21 - Incinerators

Current through June 24, 2024
(1) APPLICABILITY AND DESIGNATION OF AFFECTED
			  FACILITY.
(a) The provisions of this section
			  are applicable to each incinerator of more than 45 metric tons per day charging
			  rate (50 tons/day), which is the affected facility.
(b) Any facility under par. (a) that
			  commences construction or modification after August 17, 1971, is subject to the
			  requirements of this section.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter II - Standards of Performance › Section NR 440.215 - Municipal waste combustors for which construction is commenced after December 20, 1989 and on or before September 20, 1994

Current through June 24, 2024
(1) APPLICABILITY.
(a) The affected facility to which this
			  section applies is each MWC unit with an MWC unit capacity greater than 225
			  megagrams per day (250 tons per day) of MSW for which construction,
			  modification or reconstruction is commenced as follows:
1. Construction is commenced after December
			  20, 1989 and on or before September 20, 1994.
2. Modification or reconstruction is
			  commenced after December 20, 1989 and on or before June 19, 1996.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter II - Standards of Performance › Section NR 440.22 - Portland cement plants

Current through June 24, 2024
(1) APPLICABILITY AND DESIGNATION OF AFFECTED
			  FACILITY.
(a) The provisions of this section
			  are applicable to the following affected facilities in portland cement plants:
			  Kiln, clinker cooler, raw mill system, finish mill system, raw mill dryer, raw
			  material storage, clinker storage, finished product storage, conveyor transfer
			  points, bagging and bulk loading and unloading systems.
(b) Any facility under par. (a) that
			  commences construction or modification after August 17, 1971, is subject to the
			  requirements of this section.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter II - Standards of Performance › Section NR 440.23 - Nitric acid plants

Current through June 24, 2024
(1) APPLICABILITY AND DESIGNATION OF AFFECTED
			  FACILITY.
(a) The provisions of this section
			  are applicable to each nitric acid production unit, which is the affected
			  facility.
(b) Any facility under
			  par. (a) that commences construction or modification after August 17, 1971, is
			  subject to the requirements of this section.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter II - Standards of Performance › Section NR 440.24 - Sulfuric acid plants

Current through June 24, 2024
(1) APPLICABILITY AND DESIGNATION OF AFFECTED
			  FACILITY.
(a) The provisions of this section
			  are applicable to each sulfuric acid production unit, which is the affected
			  facility.
(b) Any facility under
			  par. (a) that commences construction or modification after August 17, 1971, is
			  subject to the requirements of this section.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter II - Standards of Performance › Section NR 440.25 - Asphalt concrete plants

Current through June 24, 2024
(1) APPLICABILITY
			  AND DESIGNATION OF AFFECTED FACILITY.
(a) The
			  affected facility to which the provisions of this section apply is each hot mix
			  asphalt facility. For the purpose of this section, a hot mix asphalt facility
			  is comprised only of any combination of the following: dryers; systems for
			  screening, handling, storing and weighing hot aggregate; systems for loading,
			  transferring and storing mineral filler; systems for mixing hot mix asphalt;
			  and the loading, transfer and storage systems associated with emission control
			  systems.
(b) Any facility under
			  par. (a) that commences construction or modification after June 11, 1973, is
			  subject to the requirements of this section.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter II - Standards of Performance › Section NR 440.26 - Petroleum refineries

Current through June 24, 2024
(1) APPLICABILITY, DESIGNATION OF AFFECTED
			  FACILITY, AND RECONSTRUCTION.
(a) The
			  provisions of this section are applicable to the following affected facilities
			  in petroleum refineries: fluid catalytic cracking unit catalyst regenerators,
			  fuel gas combustion devices, and all Claus sulfur recovery plants except Claus
			  plants of 20 long tons per day (LTD) or less. The Claus sulfur recovery plant
			  need not be physically located within the boundaries of a petroleum refinery to
			  be an affected facility, provided it processes gases produced within a
			  petroleum refinery.
(b) Any fluid
			  catalytic cracking unit catalyst regenerator or fuel gas combustion device
			  under par. (a) which commences construction or modification after June 11, 1973
			  or any Claus sulfur recovery plant under par. (a) which commences construction
			  or modification after October 4, 1976, is subject to the requirements of this
			  section except as provided under pars. (c) and (d).
(c) Any fluid catalytic cracking unit
			  catalyst regenerator under par. (b) which commences construction or
			  modification on or before January 17, 1984, is exempted from sub. (5)
			  (b).
(d) Any fluid catalytic
			  cracking unit in which a contact material reacts with petroleum derivatives to
			  improve feedstock quality and in which the contact material is regenerated by
			  burning off coke, other deposits, or both and that commences construction or
			  modification on or before January 17, 1984, is exempt from this
			  section.
(e) For purposes of this
			  section, under s.
			  NR
			  440.15, the "fixed capital cost of the new components"
			  includes the fixed capital cost of all depreciable components which are or will
			  be replaced pursuant to all continuous programs of component replacement which
			  are commenced within any 2-year period following January 17, 1984. For purposes
			  of this paragraph, "commenced" means that an owner or operator has undertaken a
			  continuous program of component replacement or that an owner or operator has
			  entered into a contractual obligation to undertake and complete, within a
			  reasonable time, a continuous program of component
			  replacement.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter II - Standards of Performance › Section NR 440.27 - Storage vessels for petroleum liquids for which construction, reconstruction or modification commenced after June 11, 1973, and prior to May 19, 1978

Current through June 24, 2024
(1)
			  APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY.
(a) Except as provided in par. (b), the
			  affected facility to which this section applies is each storage vessel for
			  petroleum liquids which has a storage capacity of greater than 151,416 liters
			  (40,000 gallons).
(b) This section
			  does not apply to storage vessels for petroleum or condensate stored, processed
			  or treated, or stored, processed and treated at a drilling and production
			  facility prior to custody transfer.
(c) Subject to the requirements of this
			  section is any facility under par. (a) which:
1. Has a capacity greater than 151,416 liters
			  (40,000 gallons), but not exceeding 246,052 liters (65,000 gallons), and
			  commences construction or modification after March 8, 1974, and prior to May
			  19, 1978.
2. Has a capacity greater
			  than 246,052 liters (65,000 gallons) and commences construction or modification
			  after June 11, 1973, and prior to May 19, 1978.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter II - Standards of Performance › Section NR 440.28 - Storage vessels for petroleum liquids for which construction, reconstruction or modification commenced after May 18, 1978, and prior to July 23, 1984

Current through June 24, 2024
(1)
			  APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY.
(a) Except as provided in par. (b), the
			  affected facility to which this section applies is each storage vessel with a
			  storage capacity greater than 151,416 liters (40,000 gallons) that is used to
			  store petroleum liquids for which construction is commenced after May 18,
			  1978.
(b) Each petroleum liquid
			  storage vessel with a capacity of less than 1,589,873 liters (420,000 gallons)
			  used for petroleum or condensate stored, processed, or treated prior to custody
			  transfer is not an affected facility and, therefore, is exempt from the
			  requirements of this section.
(c)
1. Owners or operators may choose to comply
			  with 40 CFR part 65, subpart C, as in effect on December 14, 2000, to satisfy
			  the requirements of subs. (3) to (5) for storage vessels that are subject to
			  this section that store petroleum liquies that, as stored, have a maximum true
			  vapor pressure equal to or greater than 10.3 kPa (1.5 psia). Other provisions
			  applying to owners or operators who choose to comply with 40 CFR part 65 are
			  provided in
			  40
			  CFR 65.1.
2. Owners or operators who choose to comply
			  with 40 CFR part 65, subpart C, as in effect on December 14, 2000, shall also
			  comply with ss.
			  NR 440.01,
			  440.02,
			  440.05,
			  440.06, 440.07 (1) and (d),
			  440.14 and for those 440.15 storage
			  vessels. Any section or subsection from ss.
			  NR 440.01
			  to not specified 440.19 in this subdivision does not apply to owners or
			  operators of storage vessels complying with 40 CFR part 65, subpart C, except
			  that provisions required to be met prior to implementing 40 CFR part 65 still
			  apply. Owners and operators who choose to comply with 40 CFR part 65, subpart
			  C, shall comply with 40 CFR part 65, subpart A, as in effect on December 14,
			  2000.