reglab/statecodes huggingface dataset:
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 440.684 - Onshore natural gas processing: SO2 emissions

Current through June 24, 2024
(1) APPLICABILITY
			  AND DESIGNATION OF AFFECTED FACILITIES.
(a)
			  The provisions of this section are applicable to the following affected
			  facilities that process natural gas: each sweetening unit, and each sweetening
			  unit followed by a sulfur recovery unit.
(b) Facilities that have a design capacity
			  less than 2 long tons per day (LT/D) of hydrogen sulfide (H2S) in the acid gas
			  (expressed as sulfur) are required to comply with sub. (8) (c) but are not
			  required to comply with subs. (3) to (7).
(c) The provisions of this section are
			  applicable to facilities located on land and include facilities located onshore
			  which process natural gas produced from either onshore or offshore
			  wells.
(d) The provisions of this
			  section apply to each affected facility identified in par. (a) which commences
			  construction or modification after January 20, 1984.
(e) The provisions of this section do not
			  apply to sweetening facilities producing acid gas that is completely reinjected
			  into oil-or-gas-bearing geologic strata or that is otherwise not released 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 II - Standards of Performance › Section NR 440.688 - Nonmetallic mineral processing plants

Current through June 24, 2024
(1) APPLICABILITY
			  AND DESIGNATION OF AFFECTED FACILITY.
(a)
			  Except as provided in pars. (am) and (b) to (d), the provisions of this section
			  are applicable to the following affected facilities in fixed or portable
			  nonmetallic mineral processing plants; each crusher, grinding mill, screening
			  operation, bucket elevator, belt conveyor, bagging operation, storage bin,
			  enclosed truck or railcar loading station. Also, crushers and grinding mills at
			  hot mix asphalt facilities that reduce the size of nonmetallic minerals
			  embedded in recycled asphalt pavement and subsequent affected facilities up to,
			  but not including, the first storage silo or bin are subject to the provisions
			  of this section.
(am) The
			  provisions of this section do not apply to facilities located in underground
			  mines, or to stand-alone screening operations at plants without crushers or
			  grinding mills.
(b) An affected
			  facility that is subject to the provisions of s.
			  NR 440.22
			  or
			  440.25 or that follows in the plant
			  process any facility subject to the provisions of s.
			  NR 440.22
			  or is not 440.25 subject to the provisions of this section.
(c) Facilities at the following plants are
			  not subject to the provision of this section.
1. Fixed sand and gravel plants and crushed
			  stone plants with capacities, as defined in sub. (2), of 23 megagrams per hour
			  (25 tons per hour) or less;
2.
			  Portable sand and gravel plants and crushed stone plants with capacities, as
			  defined in sub. (2), of 136 megagrams per hour (150 tons per hour) or less;
			  and
3. Common clay plants and
			  pumice plants with capacities, as defined in sub. (2), of 9 megagrams per hour
			  (10 tons per hour) or less.
(d)
1. When
			  an existing facility is replaced by a piece of equipment of equal or smaller
			  size, as defined in sub. (2) having the same function as the existing facility,
			  the new facility is exempt from the provisions of subs. (3), (5) and (6) except
			  as provided for in subd. 3.
2. An
			  owner or operator seeking to comply with this paragraph shall submit the
			  information required in sub. (7) (a).
3. An owner or operator replacing all
			  existing facilities in a production line with new facilities does not qualify
			  for the exemption described in subd. 1. and shall comply with the provisions of
			  subs. (3), (5) and (6).
(e) An affected facility under par. (a) that
			  commences construction, reconstruction, or modification after August 31, 1983
			  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 440.69 - Wool fiberglass insulation manufacturing 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 rotary
			  spin wool fiberglass insulation manufacturing line.
(b) The owner or operator of any facility
			  under par. (a) that commences construction, modification, or reconstruction
			  after February 7, 1984, 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 440.70 - VOC emissions from petroleum refinery wastewater systems

Current through June 24, 2024
(1) APPLICABILITY
			  AND DESIGNATION OF AFFECTED FACILITY.
(a)
1. The provisions of this section apply to
			  affected facilities located in petroleum refineries for which construction,
			  modification or reconstruction is commenced after May 4, 1987.
2. An individual drain system is a separate
			  affected facility.
3. An oil-water
			  separator is a separate affected facility.
4. An aggregate facility is a separate
			  affected facility.
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 440.71 - Magnetic tape coating facilities

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 coating operation; and
2. Each piece of coating mix preparation
			  equipment.
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 440.72 - Industrial surface coating: surface coating of plastic parts for business machines

Current through June 24, 2024
(1) APPLICABILITY AND DESIGNATION OF AFFECTED
			  FACILITY.
(a) The provisions of this section
			  apply to each spray booth in which plastic parts for use in the manufacture of
			  business machines receive prime coats, color coats, texture coats, or touch-up
			  coats.
(b) This section applies to
			  any affected facility for which construction, modification, or reconstruction
			  begins after January 8, 1986.
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 440.73 - Calciners and dryers in mineral industries

Current through June 24, 2024
(1) APPLICABILITY
			  AND DESIGNATION OF AFFECTED FACILITY.
(a) The
			  affected facility to which this section applies is each calciner and dryer at a
			  mineral processing plant. Feed and product conveyors are not considered part of
			  the affected facility. For the brick and related clay products industry, only
			  the calcining and drying of raw materials prior to firing of the brick are
			  covered.
(b) An affected facility
			  that is subject to s.
			  NR
			  440.525, Metallic Mineral Processing Plants, is not
			  subject to this section. Also, the following processes and process units used
			  at mineral processing plants are not subject to this section: vertical shaft
			  kilns in the magnesium compounds industry; the chlorination oxidation process
			  in the titanium dioxide industry; coating kilns, mixers and aerators in the
			  roofing granules industry; and tunnel kilns, tunnel dryers, apron dryers, and
			  grinding equipment that also dries the process material used in any of the 17
			  mineral industries as defined in sub. (2) (e).
(c) The owner or operator of any facility
			  under par. (a) that commences construction, modification or reconstruction
			  after April 23, 1986, is subject to 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 440.74 - Polymeric coating of supporting substrates facilities

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 coating
			  operation and any onsite coating mix preparation equipment used to prepare
			  coatings for the polymeric coating of supporting substrates.
(b) Any affected facility for which the
			  amount of VOC used is less than 95 Mg per 12-month period is subject only to
			  the requirements of subs. (5) (b), (8) (b) and (c). If the amount of VOC used
			  is 95 Mg or greater per 12-month period, the facility is subject to all the
			  requirements of this section. Once a facility has become subject to the
			  requirements of this section it will remain subject to those requirements
			  regardless of changes in annual VOC use.
(c) This section applies to any affected
			  facility for which construction, modification or reconstruction begins after
			  April 30, 1987, except for the facilities specified in par. (d).
(d) This section does not apply to the
			  following:
1. Coating mix preparation
			  equipment used to manufacture coatings at one plant for shipment to another
			  plant for use in an affected facility or for sale to another company for use in
			  an affected facility;
2. Coating
			  mix preparation equipment or coating operations during those times they are
			  used to prepare or apply waterborne coatings so long as the VOC content of the
			  coating does not exceed 9% by weight of the volatile fraction;
3. Web coating operations that print an image
			  on the surface of the substrate or any coating applied on the same printing
			  line that applies the image.
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 440.75 - Municipal solid waste landfills

Current through June 24, 2024
(1) APPLICABILITY
			  AND DESIGNATION OF AFFECTED FACILITY.
(a) The
			  provisions of this section apply to each municipal solid waste (MSW) landfill
			  that commenced construction, reconstruction or modification on or after May 30,
			  1991. Physical or operational changes made to an existing MSW landfill solely
			  to comply with 40 CFR part 60 subpart Cc are not considered construction,
			  reconstruction or modification for the purposes of this section.
(b) Activities required by or conducted
			  pursuant to a remedial action under the Comprehensive Environmental Response,
			  Compensation and Liability Act (
			  42
			  USC 9601 to
			  9675
			  ); the Resource, Conservation and Recovery Act (
			  42 USC
			  6901 to
			  6992
			  k ) or chs.
			  NR
			  700 to
			  750 are not considered
			  construction, reconstruction or modification for purposes 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 440.76 - Small municipal waste combustion units for which construction is commenced after August 30, 1999 or for which modification or reconstruction is commenced after June 6, 2001

Current through June 24, 2024
This section establishes new source performance standards
				for new small municipal waste combustion units. Some of the requirements in
				this section apply during municipal waste combustion unit planning and shall be
				completed before construction is commenced on the municipal waste combustion
				unit. In particular, the preconstruction requirements in subs. (3) and (4)
				shall be completed prior to commencing construction. Other requirements, such
				as the emission limits, apply when the municipal waste combustion unit begins
				operation.
Note: For purposes of this section "I", "my", "you" or
				"your", refers to the owner or operator of a municipal waste combustion unit or
				the applicant for a permit to construct a municipal waste combustion unit,
				unless the context indicates otherwise. (See the definitions in sub. (2) (z)
				and (zm).)
(1) APPLICABILITY.
(a)
Does this section apply to my
			  municipal waste combustion unit?
This section applies if your
			  municipal waste combustion unit meets the following 2 criteria:
1. Your municipal waste combustion unit is a
			  new municipal waste combustion unit.
2. Your municipal waste combustion unit has
			  the capacity to combust at least 35 tons per day but no more than 250 tons per
			  day of municipal solid waste or refuse-derived fuel.
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 440.77 - Commercial and Industrial Solid Waste Incineration Units for Which Construction is Commenced After November 30, 1999 or for Which Modification or Reconstruction is Commenced on or After June 1, 2001

Current through June 24, 2024
This section establishes new source performance standards
				for commercial and industrial solid waste incineration (CISWI) units. Some of
				the requirements in this section apply to planning the CISWI unit, such as the
				preconstruction requirements in sub. (3), and shall be completed even before
				construction is initiated on the CISWI unit. Other requirements, such as the
				emission limitations and operating limits, apply after the CISWI unit begins
				operation.
Note: For purposes of this section "I", "my", "you" or
				"your", refers to the owner or operator of a commercial and industrial solid
				waste incineration unit or the applicant for a permit to construct a commercial
				and industrial solid waste incineration unit, unless the context indicates
				otherwise. (See the definitions in sub. (2) (z) and (zm)).
(1) APPLICABILITY.
(a)
Does this section apply to my
			  incineration unit?
This section applies if your incineration unit
			  meets all of the following requirements:
1.
			  Your incineration unit is a new incineration unit as specified in par.
			  (b).
2. Your incineration unit is a
			  CISWI unit as defined in sub. (2).
3. Your incineration unit is not exempt under
			  par. (c).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 445 - Control Of Hazardous Pollutants › Subchapter I - General Provisions › Section NR 445.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY.
(a) This chapter applies to all stationary
				  air contaminant sources which may emit hazardous contaminants and to their
				  owners and operators.
Note: Owners and operators of sources of emissions of
					 hazardous air contaminants associated with agricultural waste should refer to
					 s.
					 NR 445.08(6)
					 (d) prior to undertaking any activities under
					 this chapter.
(b) The
				  emission limitations and control requirements in this chapter do not apply to
				  hazardous air contaminants emitted by the emissions units, operations or
				  activities that are regulated by an emission standard promulgated under section
				  112 of the Clean Air Act (
				  42 USC
				  7412 ). Hazardous air contaminants "regulated
				  by an emission standard promulgated under section 112 of the Act" means the
				  hazardous air contaminants that are regulated by section 112 by the name of the
				  contaminant, by virtue of regulation of another substance as a surrogate for
				  the contaminant, or by virtue of regulation of a species or category of
				  hazardous air contaminants that includes the contaminant.
Note: An example of regulated "by virtue of regulation of
					 another substance as a surrogate" would be using the measurement of one
					 contaminant to represent the emission rate of another, harder to measure
					 contaminant. Examples of regulated "by virtue of the regulation of a species or
					 category" would be the use of terms such as "volatile organic HAP" or "total
					 HAP" emission in lieu of specifically naming individual hazardous air
					 contaminants.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 445 - Control Of Hazardous Pollutants › Subchapter I - General Provisions › Section NR 445.02 - 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)
				  "Agricultural waste" means livestock manure, wastewater contaminated with
				  livestock manure, animal waste by products and litter and bedding material
				  contaminated, derived or mixed with livestock manure.
(1m) "Best available control technology" or
				  "BACT" means an emission limit for a hazardous air contaminant based on the
				  maximum degree of reduction practically achievable as specified by the
				  department on an individual case-by-case basis taking into account energy,
				  economic and environmental impacts and other costs related to the
				  source.
(2) "Certified control
				  device" means a control device that is certified by either the California air
				  resources board or the United States environmental protection agency.
(3) "Compression ignition internal combustion
				  engine" or "CI engine" means an engine that has operating characteristics
				  significantly similar to the theoretical diesel combustion cycle. The absence
				  of a throttle to regulate intake air flow for controlling power during normal
				  operation is indicative of a compression ignition engine. Combustion of the
				  fuel in the engine proper is indicative of an internal combustion
				  engine.
(4) "Downwash minimization
				  stack height" means a stack height equal to (H+1.5D) where H is the height of
				  the structure and D is the lesser of the structure height or structure
				  cross-wind horizontal dimension in the immediate vicinity of the
				  stack.
(5) "Due diligence" means
				  one of the following:
(a) A reasonable search
				  and inquiry conducted by the owner or operator to identify and quantify
				  emissions of hazardous air contaminants at the facility and determine which, if
				  any, are subject to regulation under the provisions in subch. II and provisions
				  identified in s.
				  NR
				  445.06(1) (a) to (e). The search and
				  inquiry is reasonable if it entails an investigation of all facility operations
				  that the owner or operator determines are likely to cause emissions of any
				  hazardous air contaminant based on a substance listed in this chapter being any
				  of the following:
1. Listed on an approved
				  material safety data sheet or otherwise brought into the facility.
2. Reasonably expected to be created through
				  a combustion process or a manufacturing process.
3. Contained in or created through the
				  treatment or disposal of raw materials or waste.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 445 - Control Of Hazardous Pollutants › Subchapter I - General Provisions › Section NR 445.03 - General limitations

Current through June 24, 2024
No person may cause, allow or permit emissions into the
					 ambient air of any hazardous substance in a quantity or concentration or for a
					 duration that is injurious to human health, plant or animal life unless the
					 purpose of that emission is for the control of plant or animal life. Hazardous
					 substances include but are not limited to the hazardous air contaminants listed
					 in Tables A to C of s.
					 NR
					 445.07.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 445 - Control Of Hazardous Pollutants › Subchapter II - Emission Requirements, Review and Notifications for Stationary Sources of Hazardous Air Contaminants › Section NR 445.06 - Safe harbor

Current through June 24, 2024
(1) An owner or operator of a facility shall
				  be deemed to be in compliance with this subchapter and the requirements in chs.
				  NR
				  406,
				  407 and
				  438 listed in this subsection for
				  any hazardous air contaminant listed in Table A, B or C of s.
				  NR
				  445.07 if the owner or operator identifies the
				  contaminant through due diligence and determines that the emissions of the
				  identified contaminant are below the applicable regulatory threshold in this
				  chapter or otherwise exempt from regulation, or the facility is meeting the
				  applicable provisions in this subchapter. The requirements from chs.
				  NR
				  406,
				  407 and
				  438 are the following:
(a) Section
				  NR
				  406.04(2) (f) and (3) (a).
(b) Section
				  NR
				  407.03(2) (d).
(c) Section
				  NR 407.05(4) (c)
				  1., 9. and 10.
(d) Section
				  NR
				  407.09(1) (c) 1. b.
(e) Section
				  NR
				  438.03(1).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 445 - Control Of Hazardous Pollutants › Subchapter II - Emission Requirements, Review and Notifications for Stationary Sources of Hazardous Air Contaminants › Section NR 445.07 - Emission thresholds, standards, control requirements and exemptions

Current through June 24, 2024
(1) ALL
				  SOURCES OF HAZARDOUS AIR CONTAMINANTS. Except as provided in sub. (5), the
				  following requirements apply:
(a) No owner or
				  operator of a source may cause, allow or permit emissions of a hazardous air
				  contaminant listed in Table A in such quantity or concentration or for such
				  duration as to cause an ambient air concentration of the contaminant off the
				  source property that exceeds the concentration in column (g) of Table A for the
				  contaminant.
Note: Owners and operators of facilities emitting less than
					 3 tons of volatile organic compounds and 5 tons particulate matter on an annual
					 basis, or who engage in limited or no manufacturing activities, should refer to
					 s.
					 NR
					 445.11 prior to determining applicable requirements
					 under this section.
(b) The
				  owner or operator of a source may request approval of an alternative to the
				  emission limitation in par. (a). The alternative emission limitation is 10% of
				  the threshold limit value - time weighted average established by the American
				  Conference of Governmental Industrial Hygienists, in the Threshold Limit Values
				  for Chemical Substances and Physical Agents and Biological Exposure Indices for
				  2000, incorporated by reference in s.
				  NR 484.11(2)
				  (c), for any contaminant with a 24-hour
				  averaging period in column (h) of Table A. The department may approve the
				  alternative emission limitation if both of the following criteria are met:
1. The hazardous air contaminant is emitted
				  no more than 5 days in any consecutive 30-day period.
2. The department determines, after
				  consultation with the department of health services, that the alternative
				  emission limitation will not pose a threat to public health or
				  welfare.
(c) The owner or
				  operator of a source that emits a hazardous air contaminant for which a control
				  requirement is identified in column (i) of Table A in a quantity greater than
				  the amount listed in column (c), (d), (e) or (f) of Table A for the contaminant
				  shall control emissions of the contaminant to the level identified in column
				  (i) of the table. The control requirement shall be applied according to the
				  procedure in s.
				  NR 445.08(2)
				  (f).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 445 - Control Of Hazardous Pollutants › Subchapter II - Emission Requirements, Review and Notifications for Stationary Sources of Hazardous Air Contaminants › Section NR 445.09 - Fuel, control and compliance requirements for compression ignition internal combustion engines combusting fuel oil

Current through June 24, 2024
(1) APPLICABILITY.
				  This section applies to any compression ignition internal combustion engine
				  that is capable of combusting fuel oil, except for any of the following:
(a) An engine with rated brake power less
				  than 100 horsepower.
(b) An engine
				  used to provide an essential service.
(c) A restricted use reciprocating internal
				  combustion engine exempt under s.
				  NR
				  406.04(1) (w) or
				  407.03(1)
				  (u).
(d) An engine manufactured after July 1, 2004
				  installed to provide substitute power during maintenance or repair of a CI
				  engine subject to sub. (3) (a), provided the substitute engine has a power
				  rating equal to or less than the existing engine, operates less than 10
				  consecutive days per substitution and meets the fuel requirement in sub.
				  (2).
(e) An engine that meets the
				  fuel requirement in sub. (2) and is approved by US EPA to meet either of the
				  following:
1. The Tier 2 particulate emission
				  standard for nonroad engines as found in 40 CFR part 89 for an engine that
				  meets either of the following:
a. Is purchased
				  prior to January 1, 2011 and rated at 175 horsepower or greater.
b. Is purchased prior to January 1, 2012 and
				  rated from 100 to less than 175 horsepower.
2. The Tier 4 particulate emission standard
				  for nonroad engines as found in 40 CFR parts 1039, 1065 and 1068 for an engine
				  that meets either of the following:
a. Is
				  purchased on or after January 1, 2011 and rated at 175 horsepower or
				  greater.
b. Is purchased on or
				  after January 1, 2012 and rated from 100 to less than 175 horsepower.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 445 - Control Of Hazardous Pollutants › Subchapter II - Emission Requirements, Review and Notifications for Stationary Sources of Hazardous Air Contaminants › Section NR 445.11 - Compliance requirements for sources of incidental emissions

Current through June 24, 2024
(1) The owner or
				  operator of a facility described by a standard industrial classification code
				  listed in Table D, as described in the Standard Industrial Classification
				  Manual, 1987, incorporated by reference in s.
				  NR
				  484.05(1), or that has actual annual
				  emissions of less than 5 tons of particulate matter and less than 3 tons of
				  volatile organic compounds, shall meet the requirements of subs. (2) to (4) if
				  any of the following apply:
(a) The facility
				  includes operation of one or more of the following processes:
1. A compression ignition internal combustion
				  engine with rated brake power greater than 100 horsepower used as a power
				  source.
2. Any expected source of
				  chlorinated dioxins, furans or PCBs.
3. Sludge incineration.
4. Chrome electroplating.
5. Gasoline dispensing.
6. Manufacture or treatment of a pesticide,
				  rodenticide, insecticide, herbicide or a fungicide resulting in an emission of
				  a hazardous air contaminant listed in Table B of s.
				  NR
				  445.07.
7.
				  Manufacture or treatment of a pharmaceutical resulting in an emission of a
				  hazardous air contaminant listed in Table C of s.
				  NR
				  445.07.
8.
				  Solid, hazardous or medical waste incineration.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 445 - Control Of Hazardous Pollutants › Subchapter II - Emission Requirements, Review and Notifications for Stationary Sources of Hazardous Air Contaminants › Section NR 445.12 - Variances

Current through June 24, 2024
(1) CRITERIA FOR APPROVAL. The owner or
				  operator of a source subject to this chapter may apply for and the department
				  may approve a variance from any of the provisions identified in pars. (a) and
				  (b) if the applicant demonstrates to the satisfaction of the department that
				  applicable provisions are met as follows:
(a)
				  An applicant for a variance from the LAER control requirements in s.
				  NR
				  445.07(1) (c), (2), (3) or (4) shall
				  demonstrate all of the following to the satisfaction of the department:
1. Compliance with the LAER control
				  requirement for which the variance has been requested would be economically
				  infeasible.
2. Residual emissions
				  of the hazardous air contaminant in question would not cause significant harm
				  to the environment or public health.
3. The source's emissions would be controlled
				  to a level that is the best available control technology.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 445 - Control Of Hazardous Pollutants › Subchapter II - Emission Requirements, Review and Notifications for Stationary Sources of Hazardous Air Contaminants › Section NR 445.13 - Review of hazardous air contaminant requirements

Current through June 24, 2024
(1) PERIODIC
				  REPORTS. The department, in consultation with the department of health
				  services, shall prepare a periodic report for the natural resources board that
				  reviews information related to listing, de-listing, and setting regulatory
				  thresholds, standards and control requirements for hazardous air contaminants
				  under this chapter. The report shall include all of the following:
(a) A review of available information about
				  the likely sources of emissions of and an assessment of whether the criteria
				  set forth in sub. (2) (b) are likely to apply to the hazardous air contaminants
				  identified under this subsection.
(b) Recommendations on the need for rule
				  modifications.
(c) Recommendations
				  on the need for special studies.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 445 - Control Of Hazardous Pollutants › Subchapter II - Emission Requirements, Review and Notifications for Stationary Sources of Hazardous Air Contaminants › Section NR 445.14 - Hazardous air contaminant studies

Current through June 24, 2024
(1) The department
				  may conduct studies of individual substances or categories or sources of
				  substances if it determines that unique complexities may warrant alternative
				  approaches to those listed in this chapter, or if the department otherwise
				  needs additional information to determine whether to list the contaminant in
				  Table A, B or C of s.
				  NR
				  445.07.
Note: Unique complexities may be the result of the nature
					 of the emissions, the sources of emissions, the management of emissions or
					 other factors. The studies will not include a re-evaluation of the
					 classification of the substance as reported by the American Conference of
					 Government Industrial Hygienists, the United States environmental protection
					 agency, the International Agency for Research on Cancer, or the National
					 Toxicology Program.
(2) The
				  department staff shall, in consultation with affected industry, public health
				  officials and other interested parties, undertake 2 separate studies of the
				  emissions of amorphous and crystalline silica and wood dust. The studies shall
				  evaluate the sources and amounts of emissions and alternative strategies for
				  minimizing public health risks. The department staff shall report progress on
				  the studies to the natural resources board by July 1, 2006.
(3) The department shall evaluate the listing
				  of substances added to this chapter on July 1, 2004, using the criteria set
				  forth in s.
				  NR
				  445.13(2) (d) prior to listing
				  additional substances in Table A, B or C of s.
				  NR
				  445.07.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 445 - Control Of Hazardous Pollutants › Subchapter II - Emission Requirements, Review and Notifications for Stationary Sources of Hazardous Air Contaminants › Section NR 445.15 - Additional provisions related to the control of hazardous air contaminants

Current through June 24, 2024
(1) The
				  department staff shall consult with the department of health services prior to
				  incorporating an alternative emission limit under s.
				  NR
				  445.07(1) (b) in an order or a
				  permit.
(2)
(a) If it is determined that emissions of a
				  hazardous air contaminant from a facility do not comply with an applicable
				  emission requirement for that contaminant, the owner or operator will not be
				  out of compliance with respect to that contaminant if the owner or operator
				  satisfies all of the following:
1. Exercised
				  due diligence and followed the procedures and other provisions in this
				  subchapter for identifying and quantifying hazardous air contaminants.
Note: Examples of procedures in this subchapter include
					 stack thresholds, risk-based modeling and applicability criteria for sources of
					 incidental emissions.
2.
				  Based on the results of subd. 1., either concluded that no emission
				  requirements applied to that contaminant or complied with all emission
				  requirements that applied to that contaminant.
3. Within 21 calendar days of making the
				  determination that a hazardous air contaminant does not comply with an
				  applicable emission requirement for that contaminant, submits the determination
				  in writing to the department.
4. By
				  the later of the deadlines in s.
				  NR
				  445.08(6) or 90 calendar days after
				  making the determination of noncompliance, certifies that the facility meets
				  provisions applicable for the hazardous air contaminant.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 445 - Control Of Hazardous Pollutants › Subchapter II - Emission Requirements, Review and Notifications for Stationary Sources of Hazardous Air Contaminants › Section NR 445.16 - Notice of hazardous substance air spills

Current through June 24, 2024
Persons possessing or controlling a hazardous substance
					 shall immediately notify the department of any hazardous emission not in
					 conformity with a permit or allowed by the department under chs.
					 NR
					 400 to
					 499. Notice shall be given as
					 required by s.
					 292.11,
					 Stats., and ch. NR 706.
The owner or operator of a facility is responsible for
						determining whether a substance released (or spilled) is considered a hazardous
						substance as defined in s.
						292.01(5),
						Stats., and whether that hazardous substance was released to the environment.
						Section
						NR
						706.05(1) (a) contains language that
						assists in making such a determination. If the facility owner or operator
						determines that a release of a hazardous substance to the environment has
						occurred, the spills law, s.
						292.11,
						Stats. and the rules contained in ch. NR 706 apply. Both ch. 292, Stats., and
						ch. NR 706 contain exemptions to the spill reporting requirements. In addition,
						s.
						NR
						706.07(2) (b) 1., 2., 3. and 4.
						contain language specifying when those exemptions do not apply, including
						impacts or threats to the environment, human health or safety. Other
						regulations, permits, and reporting requirements, including s.
						NR
						439.03(4) and ch. NR 438, may also
						apply to the hazardous substance release.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 446 - Control Of Mercury Emissions › Subchapter I - General Provisions › Section NR 446.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY. This chapter applies to
				  all air contaminant sources which may emit mercury and to their owners and
				  operators.
(2) PURPOSE. This
				  chapter is adopted under ss.
				  285.11,
				  285.13,
				  285.17
				  and
				  285.27,
				  Stats., to establish emission limitations, stack sampling procedures and
				  emission monitoring requirements for mercury emissions from air contaminant
				  sources in order to protect air quality and reduce atmospheric mercury
				  deposition.
Subchapter IV of this chapter is based on the federal
						regulations contained in 40 CFR part 61, Subpart E, created October 14, 1975,
						as last revised October 17, 2000.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 446 - Control Of Mercury Emissions › Subchapter I - General Provisions › Section NR 446.03 - Mercury emission limits

Current through June 24, 2024
(1) No person may
				  cause, allow or permit emissions of mercury in such quantity and duration as to
				  cause the ambient air concentration to exceed 1 mg/m3, averaged over a 30-day
				  period.
(2)
(a) No person may commence construction or
				  modification of a stationary source that results in an increase in annual
				  allowable emissions of mercury of 10 pounds or more from the new or modified
				  source unless the person has obtained a permit under ch. NR 406. The department
				  may not issue a permit under ch. NR 406 for the source unless the department
				  finds that emissions of mercury will be controlled to a level which is best
				  available control technology.
(b)
				  New or modified stationary sources that are subject to an emission limit for
				  mercury required under section 111 or 112 of the Act (
				  42 USC
				  7411 and
				  7412
				  respectively) are exempt from the requirements of this section.
(c) Except as provided in par. (b), this
				  section applies to all new or modified sources for which an air permit
				  application was submitted or should have been submitted to the department under
				  par. (a) on or after the first day of the calendar month following October 1,
				  2004.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 446 - Control Of Mercury Emissions › Subchapter II - Control of Mercury Emissions from Major Utilities › Section NR 446.05 - Mercury emission limits for major utilities

Current through June 24, 2024
Beginning January 1, 2010, no owner or operator of a major
					 utility may cause, allow or permit mercury emissions that exceed 60% of the
					 mercury emissions baseline determined by the department under s.
					 NR
					 446.06.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 446 - Control Of Mercury Emissions › Subchapter II - Control of Mercury Emissions from Major Utilities › Section NR 446.06 - Baseline mercury emissions for major utilities

Current through June 24, 2024
This section applies to the determination of baseline
					 mercury emissions for major utilities.
(1) No later than October 1, 2005, the owner
				  or operator of a major utility shall submit a report to the department that
				  includes information to calculate the baseline mercury emissions of each
				  combustion unit owned or operated by the major utility for calendar years 2002,
				  2003 and 2004, using the procedures in s.
				  NR
				  446.07.
(2) After reviewing the report provided in
				  sub. (1), the department shall determine the baseline mercury emissions for
				  each combustion unit of the major utility. The baseline mercury emissions shall
				  be the arithmetic average of the baseline emissions for 2002, 2003 and 2004,
				  unless the department approves an alternative baseline requested by the major
				  utility.
(3) In the report required
				  under sub. (1), an owner or operator may request that the department determine
				  an alternative baseline if the 3 years are not representative of the source's
				  normal operations and maintenance schedule. This request shall include
				  sufficient information to demonstrate that an alternative baseline is
				  appropriate, a proposed alternative baseline, and information sufficient to
				  document how the proposed alternative baseline was determined.
(4) No later than January 1, 2007, the
				  department shall provide written notification to each owner or operator who
				  submitted a report under sub. (1) of the department's determination of the
				  baseline mercury emissions for each combustion unit of the major
				  utility.
Combustion units for which the owner or operator is
						required to establish baseline mercury emissions are Alma Units 4 & 5,
						Genoa Unit 1, J.P. Madgett Unit 1, Pleasant Prairie Units 1 & 2, Port
						Washington Units 1, 2, 3 & 4, South Oak Creek Units 5, 6, 7 & 8, Valley
						Units 1, 2, 3 & 4, Columbia Units 1 & 2, Edgewater Units 3, 4 & 5,
						Nelson Dewey Units 1 & 2, Rock River Units 1 & 2, Pulliam Units 3, 4,
						5, 6, 7 & 8 and Weston Units 1, 2 & 3.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 446 - Control Of Mercury Emissions › Subchapter II - Control of Mercury Emissions from Major Utilities › Section NR 446.08 - Annual mercury emissions determination and reporting for major utilities

Current through June 24, 2024
(1) The
				  owner or operator of an emissions unit subject to the requirements of s.
				  NR
				  446.05 shall determine and report to the department,
				  by March 1, annual mercury emissions for each emissions unit, beginning with
				  calendar year 2010 emissions and ending with calendar year 2014 emissions,
				  using the following formula:
Annual Mercury Emissions = Fuel Use x Mercury Content of
					 Fuel x Reduction of Mercury Prior to its Release to the Atmosphere
where:
(a) Fuel
				  use is the amount of fuel combusted in the combustion unit, as measured by the
				  procedures specified in Appendices A, B, C and F of , incorporated by reference
				  in s.
				  NR
				  484.04(26m) (a) to (d). The total
				  amount of the fuel combusted in mmBtus may be apportioned to individual fuels,
				  using consumption and delivery records for the fuels.
(b) Mercury content of the fuel is determined
				  according to ASTM D3684-01, incorporated by reference in s.
				  NR
				  484.10(47m), or an equivalent method
				  approved by the department, following the procedures in s.
				  NR
				  446.07(1), (2) and (3).
(c) Reduction of mercury is calculated
				  through source performance tests which follow the procedures in this paragraph.
				  A value of one is assumed for natural gas fired combustion units that are
				  exempt from performance testing under sub. (6).
1. The source performance test shall be
				  conducted according to Method 101A in Appendix B of , incorporated by reference
				  in s.
				  NR
				  484.04(23); Method 29 in Appendix A
				  of , incorporated by reference in s.
				  NR
				  484.04(20m); Method 30A or 30B in
				  Appendix A of , incorporated by reference in s.
				  NR
				  484.04(20s) and (20t) respectively;
				  or ASTM D6784-02, incorporated by reference in s.
				  NR
				  484.10(55x).
2. A sample of the fuel burned during the
				  test shall be analyzed for mercury content, using ASTM D3684-01, incorporated
				  by reference in s.
				  NR
				  484.10(47m), or an equivalent method
				  approved by the department. During each of the 3 runs of the performance test,
				  a separate sample of the fuel being burned during the run shall be collected
				  and analyzed.
3. During the source
				  performance testing, the consumption of fuel shall be monitored and
				  recorded.
4. The major utility
				  shall submit to the department the information obtained in subds. 1. to 3. and
				  the calculations for the percent removal efficiency of mercury.
(d) The department may require
				  that more than one source performance test be conducted if a single test is
				  determined not to be representative of conditions at the combustion
				  unit.
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 446.09 - Applicability

Current through June 24, 2024
(1) Except for those units that are excluded
				  under sub. (2), this subchapter applies to the owner or operator of a
				  coal-fired EGU, serving at any time, since the startup of the unit's combustion
				  chamber, a generator with nameplate capacity of more than 25 MWe producing
				  electricity for sale.
(2) A
				  cogeneration unit which otherwise satisfies the applicability statement of sub.
				  (1) is exempt from this subchapter if the cogeneration unit, during the
				  12-month period starting on the date the unit first produces electricity and
				  continues to qualify as a cogeneration unit, and which does not serve at any
				  time, since the later of November 15, 1990 or the start-up of the cogeneration
				  unit's combustion chamber, a generator with a nameplate capacity of more than
				  25 MWe supplying in any calendar year more than one-third of the cogeneration
				  unit's potential electric output capacity or 219,000 MWh, whichever is greater,
				  to any utility power distribution system for sale.
(3) If a coal-fired EGU qualifies as a
				  cogeneration unit during the 12-month period starting on the date the unit
				  first produces electricity and meets the exemption requirements of sub. (2) for
				  at least one calendar year, but subsequently no longer meets the exemption
				  requirements, the coal-fired EGU shall become subject to this subchapter
				  starting January 1 of the following calendar year.