Section 407.03. Exemptions from operation permit requirements.

 

(1)   Specific categories of exempt sources. Any direct stationary source which is not an affected source and consists solely of one of the following categories of stationary sources is exempt from the requirement to obtain an operation permit provided the requirements of sub. (4) are met:

(a) External combustion furnaces which do not burn any hazardous waste identified under ch. NR 661 , or which have been issued a license under ch. NR 670 , and which are designed at combined total capacity to burn the following fuels at the maximum rates indicated:

1. Coal, coke or other solid fuels, except wood, at a heat input rate of not more than 1.0 million Btu per hour.

2. Wood alone or wood in combination with gaseous or liquid fuels at a heat input rate of not more than 5.0 million Btu per hour.

3. Residual or crude oil at a heat input rate of not more than 5.0 million Btu per hour.

4. Distillate oil at a heat input rate of not more than 10 million Btu per hour.

5. Gaseous fuel at a heat input rate of not more than 25 million Btu per hour.

(b) Equipment designed to incinerate solid wastes, which are not pathological wastes, infectious wastes, municipal wastes or hazardous wastes under ch. NR 661 , at a rate of not more than 500 pounds per hour.

(ce) Grain storage facilities, including facilities with column dryers or rack dryers, with an average tonnage of grain received of less than 5500 tons per month, which are not subject to s. NR 440.47 , and which are not part 70 sources. The average monthly tonnage of grain received shall be calculated by dividing the cumulative tonnage of grain received since January 1 of each year by 12. The average monthly tonnage of grain received does not include product that the facility sells, acting as a broker, which is never actually received or dried at the grain storage facility.

(cm) Grain processing facilities, including facilities with column dryers or rack dryers, with an average tonnage of grain received of less than 4500 tons per month, which are not subject to s. NR 440.47 , and which are not part 70 sources. The average monthly tonnage of grain received shall be calculated by dividing the cumulative tonnage of grain received since January 1 of each year by 12. The average monthly tonnage of grain received does not include product that the facility receives that is packaged when received and remains packaged.

(d) Portland concrete batch plants which produce less than 20,000 cubic yards of concrete per month averaged over any 12 consecutive month period.

(e) Storage tanks containing organic compounds with a true vapor pressure in pounds per square inch absolute at 70 ° F of less than 1.52 with a combined total tankage capacity of not more than 40,000 gallons.

(f) VOC storage tanks with a combined total tankage capacity of not more than 10,000 gallons of volatile organic compounds.

(g) Painting or coating operations, including associated quality assurance laboratories and cleaning operations, which emit or will emit not more than 1,666 pounds of volatile organic compounds per month, which are measured prior to entering any emission control devices, unless the emissions of any single hazardous air pollutant listed under section 112 (b) of the Act ( 42 USC 7412 (b)) equal or exceed 10 tons per year or the cumulative emissions of hazardous air pollutants listed under section 112 (b) of the Act equal or exceed 25 tons per year.

(gm) Automobile refinishing operations, including associated quality assurance laboratories and cleaning operations, which emit or will emit not more than 1,666 pounds of volatile organic compounds per month, which are measured prior to entering any emission control devices, unless the emissions of any single hazardous air pollutant listed under section 112(b) of the Act ( 42 USC 7412 (b)) equal or exceed 10 tons per year or the cumulative emissions of hazardous air pollutants listed under section 112(b) of the Act equal or exceed 25 tons per year.

(h) Graphic arts operations, including associated quality assurance laboratories and cleaning operations, which emit or will emit not more than 1,666 pounds of volatile organic compounds per month, which are measured prior to entering any emission control devices, unless the emissions of any single hazardous air pollutant listed under section 112 (b) of the Act equal or exceed 10 tons per year or the cumulative emissions of hazardous air pollutants listed under section 112 (b) of the Act equal or exceed 25 tons per year.

(i) Cold cleaning equipment which meets both of the following requirements:

1. The equipment has a total air to solvent interface of 1.0 square meters or less during operation.

2. The equipment does not use any halogenated HAP solvent as a cleaning or drying agent.

(j) Open top vapor degreasing equipment which meets both of the following requirements:

1. The equipment has a total air to vapor interface of 1.0 square meters or less during operation.

2. The equipment does not use any halogenated HAP solvent as a cleaning or drying agent.

(k) Coin-operated dry cleaning machines.

(km) Chromium electroplating and chromium anodizing operations which are not major sources or located at major sources and which are any of the following:

1. Any decorative chromium electroplating operation or chromium anodizing operation that uses fume suppressants as an emission reduction technology.

2. Any decorative chromium electroplating operation that uses a trivalent chromium bath that incorporates a wetting agent as a bath ingredient.

(L) Private alcohol fuel production systems as defined in s. 289.44 (1) (c) , Stats.

(m) Crematories.

(n) Indirect malt dryers which are designed to burn fuels specified in par. (a) at a heat input rate less than the rates specified in par. (a) .

(o) A laboratory which emits volatile organic compounds, sulfur dioxide, carbon monoxide, nitrogen oxides or particulate matter or a combination thereof at a rate of less than 5.7 pounds per hour unless the emissions of any single hazardous air pollutant listed under section 112 (b) of the Act ( 42 USC 7412 (b)) equal or exceed 10 tons per year or the cumulative emissions of all such hazardous air pollutants listed under section 112 (b) of the Act equal or exceed 25 tons per year. Hourly emissions shall be determined, based on the quantitative estimate of air contaminants before they enter any emission control devices, by dividing the total uncontrolled emissions which would have occurred during a calendar month by the total hours of operation of the laboratory during that calendar month. A laboratory is in operation if laboratory apparatus or equipment is in use.

(p) Equipment the primary purpose of which is to transport or sort paper.

(q) Facilities for chlorination of municipal drinking water, the intake of once through industrial process or cooling water, or water for swimming pools, spas or other recreational establishments.

(r) Gasoline dispensing facilities which dispense gasoline or other petroleum products.

(s) Bulk gasoline plants which distribute gasoline or other petroleum products and which have an average daily gasoline throughput of less than 15,000 liters (4,000 gallons), based on a 30-day rolling average.

(sm) The following procedures for the remediation or disposal of soil or water contaminated with organic compounds, provided the potential to emit, considering emission control devices, for any hazardous air contaminant listed in Table A to Table C of s. NR 445.07 is not greater than the emission rate listed in Table A to Table C of s. NR 445.07 for the air contaminant at the respective stack height, the procedure is not a major source and the procedure is not subject to any standard or regulation under section 111 or 112 of the Act ( 42 USC 7411 or 7412 ):

1. Landspreading of contaminated soil, including the agricultural landspreading of soil contaminated with pesticide or fertilizer.

2. Negative pressure venting of contaminated soil or bioremediation, provided the remediation is completed within 18 months or the potential to emit organic compounds from the remediation site is at a rate of not more than 5.7 pounds per hour, considering emission control devices.

3. Pilot testing of a negative pressure venting system provided the testing is limited to a total withdrawal of not more than 150,000 standard cubic feet (scf) of air.

4. Landfilling of contaminated soil.

5. Installation and use of devices which remove organic compounds from a private or municipal potable water supply.

6. Installation and use of crop irrigation systems or dewatering wells to remediate contaminated water.

7. Installation and use of air strippers for treatment of contaminated water, provided the remediation is completed within 18 months or the potential to emit organic compounds from the remediation site is at a rate of not more than 5.7 pounds per hour, considering emission control devices.

8. Installation and use of any devices or techniques not listed in this paragraph which are used to remediate soil or water contaminated with organic compounds, if the device or technique is not portable and is not a thermal evaporation unit, and the remediation is completed within 18 months.

9. Installation and use of any technique or device to remediate soil or water contaminated with organic compounds as part of actions taken by EPA under the authority of the comprehensive environmental response compensation and liability act of 1980 ( 42 USC 9601 to 9675 ), by the department under the authority of s. 292.11 or 292.31 , Stats., or by a responsible party in compliance with the requirements of an administrative order, consent decree or contract issued pursuant to the comprehensive environmental response compensation and liability act of 1980 or s. 292.11 or 292.31 , Stats.

(sq) Renovation or demolition operations involving regulated asbestos-containing material.

(t) A combination of emission units which consists of not more than one each of the following specific categories of sources unless the combination of units is a major source:

1. Fuel burning equipment otherwise exempt under par. (a) or (u) .

2. Equipment designed to incinerate solid wastes otherwise exempt under par. (b) .

3. Storage tanks of organic compounds with a combined total tankage capacity of not more than 40,000 gallons if not more than 10,000 gallons of the storage tanks' capacity is used for storage of volatile organic compounds.

4. Grain storage facilities otherwise exempt under par. (ce) .

5. Grain processing facilities otherwise exempt under par. (cm) .

6. Only one of the other specific category exemptions listed in pars. (d) , (g) to (s) and (v) to (z) .

(u) Restricted use reciprocating internal combustion engines which are fueled by gaseous fuels, gasoline, or a clean fuel as defined in s. NR 406.02 (1) and which have a combined total electrical output of less than 3,000 kilowatts, or the equivalent in brake horsepower. An owner or operator claiming exemption under this paragraph shall maintain records of all of the following:

1. The electrical output in kilowatts, or the equivalent in brake horsepower, of each engine.

2. The total hours each engine is operated during a year.

(v) Any quarry, mine or other facility where nonmetallic minerals are extracted that is not a ledge rock quarry or industrial sand mine.

(w) Ledge rock quarries with actual production of less than 25,000 tons per month on a rolling 12 month average, or with actual operation of less than 365 days per 5 year period.

(x) Industrial sand mines with actual production of less than 2,000 tons per month on a rolling 12 month average.

(y) Fixed sand and gravel plants and fixed crushed stone plants with capacities of 25 tons per hour or less.

(z) Portable sand and gravel plants and portable crushed stone plants with capacities of 150 tons per hour or less.

(1m)   Facilities exempt based on actual emissions.

(a) Any facility that is required to submit an annual emission inventory report under s. NR 438.03 is exempt from the requirement to obtain an operation permit following notification under par. (c) , where all of the following criteria and requirements are met:

1. The actual emissions of each air contaminant from the facility do not exceed any of the following levels:

a. 10 tons in any calendar year for each of the following air contaminants: particulate matter, nitrogen oxide, sulfur dioxide, PM 10 , carbon monoxide and volatile organic compounds.

b. 0.5 tons in any calendar year for lead.

c. Any stack-appropriate thresholds for emissions points in columns (c), (d), (e) and (f) of Table A, B or C of ch. NR 445 . If the facility is a source of incidental emissions under s. NR 445.11 , this subdivision only applies to emissions of air contaminants which are listed as substances of concern in Table E of ch. NR 445 .

2. The facility is not subject to a standard under section 111 or 112 of the Act ( 42 USC 7411 or 7412 ) except for a source subject solely to regulations or requirements under section 112(d)(5) or (r) of the Act ( 42 USC 7412 (d)(5) or (r)).

3. The owner or operator conducts monitoring and maintains records sufficient to demonstrate compliance with the requirements of this paragraph, including the calculation of annual facility-wide emissions. These records shall be maintained on site for at least 5 years, unless a longer period is required by statute or rule.

4. If a control device is used to limit actual emissions, the owner or operator uses a compliance monitoring method which is identified in s. NR 439.055 .

(b) Any facility that is not required to submit an annual emission inventory report under s. NR 438.03 is exempt from the requirement to obtain an operation permit where all of the criteria and requirements in par. (a) 1. to 4. are met.

(c)

1. The owner or operator of a facility required to submit an air emission inventory report under s. NR 438.03 shall notify the department of their intent to operate the facility under the exemption criteria in par. (a) . A claim of exemption made under s. NR 406.04 (1q) from construction permit requirements shall satisfy this notification requirement.

2. Any existing permit shall remain in effect until the permit is revoked or coverage under a general or registration permit is withdrawn. A notification under subd. 1. shall serve as a request for revocation of an individual permit or withdrawal from coverage under a general or registration permit.

3. A notification under subd. 1. shall serve as a request for withdrawal of any pending permit application.

(1s)   Natural minor source exemption.

(a) Eligibility. A facility that is a natural minor source is exempt from the requirement to obtain an operation permit.

(b) Recordkeeping.

1. An owner or operator claiming to be exempt under this subsection shall maintain records adequate to show it meets all criteria under the definition of a natural minor source. Emission calculations adequate to determine eligibility with this exemption shall be maintained and made available to a department representative if requested.

2. In addition to monitoring and recordkeeping requirements contained in any construction permit issued to the source under ch. NR 406 , the owner or operator shall maintain records sufficient to demonstrate compliance with all other applicable requirements in chs. NR 400 to 499 .

(c) Notification to the department.

1. An owner or operator claiming exemption under this subsection and who has an existing permit or who has submitted a permit application under this chapter or under ch. NR 406 , shall notify the department of an intent to operate under this exemption.

2. Any existing permit issued under this chapter shall remain in effect until the permit is revoked or coverage under a general or registration permit is withdrawn at the request of the owner or operator.

3. A notification under subd. 1. shall serve as a request for revocation of any permits issued under this chapter and for withdrawal of any pending operation permit application submitted under this chapter.

(d) Schedule. The owner or operator shall apply for an operation permit in accordance with the requirements of this chapter if any of the following affects the source's ability to remain a natural minor source:

1. Any existing requirements change.

2. Any new requirements become applicable to the source.

3. Changes occur at the source.

4. Other emission information indicating that the source is not a natural minor source becomes available.

(2)   General category of exempt sources. In addition to the specific categories of exempt sources identified in sub. (1) , no operation permit is required for a direct source if the source is not a part 70 source or an affected source and all of the following requirements are met:

(a) The maximum theoretical emissions from the source for sulfur dioxide or carbon monoxide do not exceed 9.0 pounds per hour for each air contaminant.

(b) The maximum theoretical emissions from the source for particulate matter, nitrogen oxides or volatile organic compounds do not exceed 5.7 pounds per hour for each air contaminant.

(be) The maximum theoretical emissions from the source for PM 2.5 do not exceed 2.2 pounds per hour.

(bm) The maximum theoretical emissions from the source for lead do not exceed 0.13 pounds per hour.

(c) The source will not emit any of the air contaminants listed in s. NR 405.02 (27) (a) at a rate greater than the applicable emission rate listed in s. NR 405.02 (27) (a) .

(d) The maximum theoretical emissions from the source for any hazardous air contaminant listed in Table A, B or C of s. NR 445.07 do not exceed the emission rate listed in the table for the hazardous air contaminant for the respective stack height. For the purposes of determining emissions under this paragraph, the owner or operator of a source is not required to consider emissions of hazardous air contaminants associated with agricultural waste.

(e) The source will not have maximum theoretical emissions of any single hazardous air pollutant listed under section 112 (b) of the Act ( 42 USC 7412 (b)) that equal or exceed 10 tons per year or cumulative maximum theoretical emissions of all the hazardous air pollutants listed under section 112 (b) of the Act ( 42 USC 7412 (b)) that equal or exceed 25 tons per year.

(f) The source is not subject to any standard or regulation under section 111 of the Act ( 42 USC 7411 ).

(g) The source is not subject to any standard or regulation under section 112 of the Act ( 42 USC 7412 ), excluding section 112(d)(5) or (r) ( 42 USC 7412 (d)(5) or (r)).

(3)   Exempt equipment. Equipment installed under s. NR 406.04 (1) (i) or (zg) is exempt from needing an operation permit under this chapter. 

(4)   Conditions for specific exemptions. In order to be eligible for a specific exemption under sub. (1) (ce) , (cm) , (d) , (g) , (gm) , (h) , (o) , (s) , (w) or (x) , the owner or operator of a direct stationary source shall keep and maintain the records required under pars. (a) to (f) , as applicable. The records shall be kept in a manner that allows the source to accurately calculate the required information on a monthly basis. The owner or operator of a direct stationary source shall begin keeping the records required under pars. (b) to (f) no later than January 1, 1994, and the records required under par. (a) no later than January 1, 1998, or the date that the source commences operation, whichever is later, and maintain them for a minimum of 5 years. After January 1, 1994, any direct stationary source that ever exceeds any level listed in sub. (1) (d) , (g) , (h) , (o) , (s) , (sm) , (w) or (x) is not eligible for the exemption under that subsection. After January 1, 1998, any direct stationary source that ever exceeds any level listed in sub. (1) (ce) or (cm) is not eligible for the exemption under that subsection. After February 1, 2001, any direct stationary source that ever exceeds any level listed in sub. (1) (gm) is not eligible for the exemption under that subsection. The records required are as follows:

(a) To be exempt under sub. (1) (ce) or (cm) , records of the tons of grain received at the grain storage or processing facility per month.

(b) To be exempt under sub. (1) (d) , records of the cubic yards of concrete produced by the Portland concrete batch plant per month.

(c) To be exempt under sub. (1) (g) , (gm) or (h) , records of the amounts used and VOC content of all VOC containing materials used at the facility per month.

(d) To be exempt under sub. (1) (o) , records of the number of hours that the laboratory operates, the amounts, VOC content and hazardous air contaminant content of all materials used and the amount, type and sulfur content of all fuels used per month.

(e) To be exempt under sub. (1) (s) , records of the daily gasoline throughput for the bulk plant.

(f) To be exempt under sub. (1) (w) or (x) , records of the tons of material produced at a ledge rock quarry or sand mine per month, or for ledge rock quarries exempt for operating less than 365 days in a 5-year period, records indicating each day that the quarry operates.

History: Cr. Register, December, 1984, No. 348 , eff. 1-1-85; cr. (2) (bm), r. and recr. (2) (d), am. (2) (e), Register, September, 1988, No. 393 ; eff. 10-1-88; am. (1) (a) (intro.), 1. to 3., (b), (g), (h), (o), (2) (a), (b), (bm), (c) 1. and 5., (d) and (e), Register, May, 1992, No. 437 , eff. 6-1-92; am. (1) (intro.), (a) (intro.) and 5., (b) to (e), (2) (intro.), (a) to (c), cr. (1) (sm), (sq) and (u), (2) (f), (g), (3) to (5), r. (2) (c) 1. to 5., r. and recr. (2) (e), Register, December, 1993, No. 456 , eff. 1-1-94; cr. (1) (v) to (z), Register, June, 1994, No. 462 , eff. 7-1-94; am. (1) (sm) (intro.), 1. to 3., r. 5., renum. 6. to 10. to be 5. to 9. and am. 7. and 9., Register, September, 1994, No. 465 , eff. 10-1-94; am. (2) (d), Register, December, 1994, No. 468 , eff. 1-1-95; am. (1) (intro.), (2) (intro.), Register, April, 1995, No. 472 , eff. 5-1-95; am. (1) (a) 5., r. and recr. (1) (k), r. (3) and (5), Register, June, 1995, No. 474 , eff. 7-1-95; am. (1) (sm) (intro.), Register, August, 1995, No. 476 , eff. 9-1-95 ; am. (1) (g), (h), (o), (2) (b) and (4), Register, December, 1995, No. 480 , eff. 1-1-96; am. (1) (g), (sm) 9., Register, December, 1996, No. 492 , eff. 1-1-97; am. (1) (i) and (j), Register, March, 1997, No. 495 , eff. 4-1-97; cr. (1) (km), Register, September, 1997, No. 501 , eff. 10-1-97; cr. (1) (ce), (cm), (t) 4., 5., (3), (4) (a) to (f); am. (1) (s), (sm) (intro.), (t) (intro.), 1. and (4), renum. (1) (t) 4. to be (1) (t) 6. and am., Register, December, 1997, No. 504 , eff. 1-1-98; am. (1) (g), (h), (o), (2) (intro.), (e) and (g), Register, October, 1999, No. 526 , eff. 11-1-99; cr. (1) (gm), am. (4) (intro.) and (c), Register, January, 2001, No. 541 , eff. 2-1-01; CR 02-097 : am (1) (sm) (intro.) and (2) (d) Register June 2004 No. 582 , eff. 7-1-04; CR 04-107 : r. (1) (c), am. (1) (ce) and (cm) Register August 2005 No. 596 , eff. 9-1-05; correction in (1) (t) 6. made under s. 13.93 (2m) (b) 7., Stats., Register August 2005 No. 596 ; CR 06-047 : cr. (1m) Register May 2007 No. 617 , eff. 6-1-07; corrections in (1) (a) and (b) made under s. 13.93 (2m) (b) 7., Stats., Register May 2007 No. 617 ; CR 07-076 : am. (2) (d) Register July 2008 No. 631 , eff. 8-1-08; CR 09-020 : am. (1) (g), (gm), (h), (o), (sm) (intro.), (sq), (1m) (a) 2., (2) (e), (f), (g), and (4) (intro.) Register January 2010 No. 649 , eff. 2-1-10; CR 10-050 : cr. (2) (be) Register November 2010 No. 659 , eff. 12-1-10; 2011 Wis. Act 122 : r. in part (2) (d) eff. 3-22-12; s. 35.17, Stats., correction in (1m) (a) 2., Register February 2014 No. 698 ; CR 15-005 : renum. (1) (u) to (1) (u) (intro.) and am., cr. (1) (u) 1., 2., (1s) Register November 2015 No. 719 , eff. 12-1-15.

Note

The total withdrawal may be determined by the equation: Total withdrawal (scf) = hours of operation of pilot test (hr) × average flow rate in cubic feet per minute at standard conditions (scfm) × 60 min/hr. An example is: 10 hours of operation × 250 scfm × 60 min/hr = 150,000 scf. When testing at multiple flow rates, determine the withdrawal for each flow rate and sum the withdrawals for a total withdrawal. Microsoft Windows NT 6.1.7601 Service Pack 1 An owner or operator exempt under this subsection is responsible for complying with all other applicable requirements in chs. NR 400 to 499 . Microsoft Windows NT 6.1.7601 Service Pack 1 An owner or operator exempt under this subsection is responsible for complying with all applicable requirements in chs. NR 400 to 499 , including construction permit requirements identified in ch. NR 406 and all conditions contained in a permit issued under ch. NR 406 . Microsoft Windows NT 6.1.7601 Service Pack 1 The exemption in this subsection does not preclude the owner or operator of a natural minor source from requesting, and the Department from issuing, an operation permit as allowed under s. 285.60 (2) (b) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 The Small Business Environmental Assistance Program at dnr.wi.gov may be contacted for more information on applicability and compliance determinations related to the requirements in chs. NR 400 to 499 . Microsoft Windows NT 6.1.7601 Service Pack 1 Par. (d) is shown as affected by 2011 Wis. Act 122 . On May 24, 2011, the Joint Committee for the Review of Administrative Rules (JCRAR) adopted a motion under s. 227.26 (2) (d) , Stats., that suspended s. NR 407.03 (2) (d) in part as shown below. Pursuant to s. 227.26 (2) (f) , Stats., JCRAR introduced 2011 Assembly Bill 195 and 2011 Senate Bill 138, in support of the JCRAR suspension. 2011 Senate Bill 138 was enacted, effective March 22, 2012, resulting in in the repeal of the rules as suspended by the May 24, 2011 JCRAR motion, as provided in s. 227.26 (2) (i) , Stats., and creating s. 285.28 , Stats., as set forth below. Microsoft Windows NT 6.1.7601 Service Pack 1 NR 407.03 (2) (d) The maximum theoretical emissions from the source for any hazardous air contaminant listed in Table A, B or C of s. NR 445.07 do not exceed the emission rate listed in the table for the hazardous air contaminant for the respective stack height. For the purposes of determining emissions under this paragraph, the owner or operator of a source is not required to consider emissions of hazardous air contaminants associated with agricultural waste prior to July 31, 2011 . Microsoft Windows NT 6.1.7601 Service Pack 1 285.28 Agricultural waste; hazardous air contaminants. The department may not regulate the emission of hazardous air contaminants associated with agricultural waste except to the extent required by federal law. Microsoft Windows NT 6.1.7601 Service Pack 1 Owners and operators of facilities emitting less than 3 tons of volatile organic compounds and 5 tons of particulate matter on an annual basis, or who engage in limited or no manufacturing activities, should refer to s. NR 445.11 prior to determining applicable requirements under this section. Microsoft Windows NT 6.1.7601 Service Pack 1 Between January 1, 1994 and January 1, 1998, s. NR 407.03 (4) contained recordkeeping requirements which were less specific than those set forth in pars. (b) to (f). Compliance with the recordkeeping requirements in this subsection will be assessed based on the administrative rule in effect at the time. Microsoft Windows NT 6.1.7601 Service Pack 1