Wisconsin Administrative Code

NR 429.01 Applicability; purpose. (1) APPLICABILThis chapter applies to all air contaminant sources and to their owners and operators. (2) PURPOSE. This chapter is adopted under ss. 285.11, 285.13 and 285.17, Stats., to establish emission limitations, odor tests and abatement or …

NR 429.02 Definitions. 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) XOpen burningY means oxidation from which the products of combustion are emitted directly in…

NR 429.03 Malodorous emissions. (1) GENERAL No person may cause, allow or permit emission into the ambient air of any substance or combination of substances in such quantities that an objectionable odor is determined to result unless preventive measures satisfactory to the depart…

NR 429.04 Open burning. (1) PROHIBITION AND EXOpen burning is prohibited with the following exceptions: (a) Burning of brush or weeds on agricultural lands. (b) Fires set for practice and instruction of fire fighters, or testing of fire fighting equipment. (c) Backfires to contro…

NR 431.01 Applicability; purpose. (1) APPLICABILThis chapter applies to all air contaminant sources and to their owners and operators. (2) PURPOSE. This chapter is adopted under ss. 285.11, 285.13 and 285.17, Stats., to categorize air contaminant sources and to establish visible …

NR 431.02 Definitions. The definitions contained in ch. NR 400 apply to the terms used in this chapter. History: Cr. Register, September, 1986, No. 369, eff. 10-1-86; am. Register, May, 1992, No. 437, eff. 6-1-92.

NR 431.03 General limitations. No person may cause, allow or permit emissions into the ambient air from any direct or portable source in excess of one of the limits specified in this chapter. Where the presence of uncombined water is the only reason for failure to meet the requir…

NR 431.04 Emission limitations on or before April 1, 1972. All direct and portable sources on which construction or modification was commenced on or before April 1, 1972 shall meet the emission limits of this section. (1) No owner or operator of a direct or portable source may ca…

NR 431.05 Emission limitations after April 1, 1972. No owner or operator of a direct or portable source on which construction or modification is commenced after April 1, 1972 may cause or allow emissions of shade or density greater than number 1 of the Ringelmann chart or 20% opa…

NR 431.07 Establishing alternate opacity limits. The department may set an alternate opacity limit for a source according to the criteria and certification procedures in this section. (1) SOURCE CRITERIA. A source is eligible for an alternate opacity limit if it meets all of the …

NR 432.01 Applicability; purpose. (1) APPLICABIL(a) This chapter applies to the owner or operator of any source that includes a CAIR NOx unit or a CAIR renewable unit. A CAIR NOx unit is any stationary, fossil fuel-fired boiler or stationary, fossil fuel-fired combustion turbine …

NR 432.02 Definitions. 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) XActual weighted average NOx emission rateY means, for an NOx averaging plan under s. NR 409…

NR 432.03 CAIR NOx allowance allocation. The department shall use the procedures in this section for calculating and allocating CAIR NOx allowances for CAIR NOx units and CAIR renewable units. (1) UNIT BASELINES. (a) Calculating baseline energy output. The department shall calcul…

NR 432.04 Compliance supplement pool. In addition to the CAIR NOx allowances allocated under s. NR 432.03, the department may allocate for calendar year 2009 only, additional allowances from the compliance supplement pool up to the amount designated by the EPA in 40 CFR 97.143 fo…

NR 432.05 CAIR NOx ozone season allowance allocation. The department shall use the procedures in this section for calculating and allocating CAIR NOx ozone season allowances for CAIR NOx units and CAIR renewable units. (1) UNIT BASELINES. (a) Calculating baseline energy output. T…

NR 432.06 Timing requirements for allocations of CAIR NOx allowances and CAIR NOx ozone season allowances. (1) ALLOCATIONS FOR 2009 TO 2014. By April 30, 2007 or within 30 days after August 1, 2007, the department shall notify the administrator of the allocations of CAIR NOx allo…

NR 432.08 Superior environmental performance. (1) The owner or operator of a CAIR NOx unit or a CAIR renewable unit may voluntarily perform activities that constitute superior environmental performance as defined in s. 299.83 (1) (g), Stats., for participation in Tier II of the e…

NR 433.01 Applicability; purpose. (1) APPLICABILITY. The provisions of this chapter apply to facilities having one or more BART-eligible sources. (2) PURPOSE. This chapter is adopted under s. 285.11, Stats., to establish the procedures for controlling emissions of air pollutants …

NR 433.02 Definitions. 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) XBART-eligible sourceY means any of the stationary sources of air pollutants listed in this …

NR 433.03 Identification of sources subject to BART. (1) On or before September 29, 2008, the department shall identify all BART-eligible sources that may reasonably be anticipated to cause or contribute to any visibility impairment in any mandatory class I federal area according…

NR 433.04 BART analyses. (1) No later than 180 days after the department sends a notification under s. NR 433.03 (4) that a source is subject to BART, the owner or operator of the source shall conduct and submit to the department a BART analysis for all emissions units which comp…

NR 433.05 Determination of BART requirements. (1) PRELIMINARY DETERMINATION. (a) The department shall make a preliminary determination of the BART requirements for each emissions unit which comprises the sources subject to BART based on the information in the BART analysis requir…

NR 433.06 Emissions trading program for boilers. (1) The owner or operator of a facility, having at least one boiler subject to BART, may propose an emissions trading program if the program achieves an improvement in visibility in the mandatory class I federal areas greater than …

NR 436.01 Applicability; purpose. (1) APPLICABILThis chapter applies to all air contaminant sources and to their owners and operators. (2) PURPOSE. This chapter is adopted under ss. 285.11, 285.13 and 285.17, Stats., to specify that emissions into the ambient air in excess of the…

NR 436.02 Definitions. 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) XEmergency or reserve equipmentY means that equipment used when normal equipment fails, or u…

NR 436.03 Emissions prohibited. (1) GENERAL PROHIBITION. No person may cause, allow or permit emissions in excess of the limits set in chs. NR 400 to 499. Where a numerical limit is specified as a 2 digit integer in which the second digit is zero, the zero is a significant figure…

NR 436.04 Delayed compliance orders. (1) ORDER The department may, by order issued under ss. 285.13 (2) and 285.83, Stats., authorize a source not in compliance with an emission limitation prescribed in chs. NR 400 to AUTHORITY. NR 436.05 NR 436.06 NR 436.07 RACT variances. Alter…

NR 436.05 RACT variances. (1) VARIANCE AUTHORThe department may grant source-specific revisions to the state implementation plan setting alternate compliance schedules ITY. the chapter was last published. NR 436.05 WISCONSIN ADMINISTRATIVE CODE or alternate emission limitations, …

NR 436.06 Alternate fuel variances. The department may grant temporary variances from the emission limitations of chs. NR 400 to 499 to air contaminant sources which request such variances in order to switch from a regular fuel to an alternate fuel which is in more plentiful supp…

NR 436.07 Duty to comply with applicable provisions. The issuance or granting of any order or variance under this chapter does not relieve any person of the duty to comply with all other applicable federal, state and local laws and rules. History: Renum. NR 154.02 (5) and am. Reg…

NR 437.01 Applicability; purpose. (1) APPLICABILThis chapter applies to any person who wants to register emission reductions or avoided emissions of greenhouse gases or air contaminants, or carbon sequestration, if the emission reduction, emission avoidance or carbon sequestratio…

NR 437.02 Definitions. 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) XBaselineY means the average annual amount or rate of a greenhouse gas or air contaminant em…

NR 437.03 Eligibility. Any person may register VERs under this chapter. VERs may be registered if they meet all of the following requirements, as applicable: (1) The VERs are not required by or go beyond the requirements of law. The following are examples of VERs that are eligibl…

NR 437.04 Quantification protocols. (1) QUANTIFICATION. The emission or carbon reserve baseline and the resulting VER shall be quantified using quantification protocols that are listed in sub. (2) (a) or that have been submitted to the department under sub. (2) (b). (2) QUANTIFIC…

NR 437.05 Baseline determination. Any person wishing to register a VER shall determine a baseline in order to quantify the amount of emissions reduced or avoided or the amount of carbon sequestered, except as provided in sub. (4). Baselines shall be determined as follows: (1) STA…

NR 437.06 Quantifying and registering voluntary emission reductions and quantifying baselines. (1) VERs and baselines shall be quantified on either a mass or a rate basis, or both. Mass-based VERs shall be quantified and registered as total tons or pounds per year. Rate-based VER…

NR 437.07 Registration procedure. (1) INITIAL REGISTRATION. Any person seeking to register VERs shall complete the registration forms and submit them to the department. Note: Registration forms may be obtained from: Voluntary Emission Reduction Registry, Wisconsin DNR, PO Box 792…

NR 438.01 Applicability; purpose. (1) APPLICABILThis chapter applies to all air contaminant sources and to their owners and operators. (2) PURPOSE. The purpose of this chapter is to establish, pursuant to ss. 285.11, 285.13, 285.17, and 299.15 (1) and (2), Stats., requirements fo…

NR 438.02 Definitions. 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: (1a) XCondensable PMY means a material that is vapor phase at stack conditions but that condense…

NR 438.03 Required emissions inventories. (1) REPORTABLE AIR CONTAMINANTS AND LEVELS. (a) Except as provided under par. (am), any person owning or operating a facility that emits an air contaminant in quantities above applicable reporting levels, except indirect sources of air po…

NR 438.04 Content of emissions inventories. (1) GENERAL INSTRUCTIONS. Emissions inventories required under this chapter shall be submitted in the manner prescribed by the department. Emissions inventories submitted by facilities shall contain the information specified under s. NR…

NR 439.01 Applicability; purpose. (1) APPLICABILThis chapter applies to all air contaminant sources and to their owners and operators. For sources subject to an emission standard under 40 CFR parts 60 to 63, the applicable requirements of 40 CFR parts 60 to 63 apply in addition t…

NR 439.02 Definitions. The definitions contained in chs. NR 400 and 407 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter: (1m) XAdsorptionY means the transferring of a gaseous pollutant from the gas stream to …

NR 439.03 Reporting. (1) (a) General reporting requirements. When requested by the department, a person shall furnish to the department information to locate and classify air contaminant sources according to the type, level, duration, frequency, and other characteristics of emiss…

NR 439.04 Recordkeeping. (1) The owner or operator of an air contaminant source to which chs. NR 400 to 499, standards of performance for new stationary sources under section 111 of the Act (42 USC 7411), or emission standards for hazardous air contaminants under section 112 of t…

NR 439.05 Access to records; access for inspections, monitoring, and sampling; record retention. (1) No person may deny information or access to records required to be kept to an authorized representative of the department. (2) No person may deny entry or access at any reasonable…

NR 439.055 Methods and procedures for determining compliance using instrumentation of air pollution control equipment and source processes. (1e) In this section, XaccuracyY or XaccurateY means the closeness of an indicator or reading of a measurement device to the actual value of…