Wisconsin Administrative Code

NR 440.04 Addresses. 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 regi…

NR 440.05 Determination of construction or modification. (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 …

NR 440.06 Review of plans. (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 constructi…

NR 440.07 Notification and recordkeeping. (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)…

NR 440.08 Performance tests. (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 o…

NR 440.09 Enforcement; penalties. (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, Stat…

NR 440.10 Other requirements apply. (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 …

NR 440.11 Compliance with standards and maintenance requirements. (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) Com…

NR 440.12 Circumvention. 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 …

NR 440.13 Monitoring requirements. (1) For the purposes of this section, all continuous monitoring systems required under applicable sections of this chapter shall be subject to the provisions of this section upon promulgation of performance specifications for continuous monitori…

NR 440.14 Modification. (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 m…

NR 440.15 Reconstruction. (1) An existing facility, upon reconstruction, becomes an affected facility, irrespective of any change in emission rate. (2) XReconstructionY means the replacement of components of an existing facility to such an extent that: (a) The fixed capital cost …

NR 440.17 Incorporation by reference of code of federal regulations provisions and other materials. (1) APPENDICES. Appendices A, B, C, F and I of 40 CFR part 60, Appendix B of 40 CFR part 61 and Appendices A, B, D, E and F of 40 CFR part 75, as in effect on June 1, 2008, are inc…

NR 440.18 General control device requirements. (1) INTRODUCTION. This section contains requirements for control devices used to comply with applicable sections of this date the chapter was last published. NR 440.18 WISCONSIN ADMINISTRATIVE CODE chapter and chs. NR 445 to 484. The…

NR 440.185 General notification and reporting requirements. Subchapter II — Standards of Performance NR 440.19 Fossil-fuel-fired steam generators for which construction is commenced after August 17, 1971. NR 440.20 Electric steam generating units for which construction is commenc…

NR 440.19 Fossil-fuel-fired steam generators for which construction is commenced after August 17, 1971. (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 generatin…

NR 440.20 Electric steam generating units for which construction is commenced after September 18, 1978. (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 capab…

NR 440.205 Industrial - commercial - institutional steam generating units.

NR 440.207 Small industrial-commercial-institutional steam generating units. NR 440.21 Incinerators.

NR 440.215 Municipal waste combustors for which construction is commenced after December 20, 1989 and on or before September 20, 1994.

NR 440.216 Large municipal waste combustors for which construction is commenced after September 20, 1994 or for which modification or reconstruction is commenced after June 19, 1996.

NR 440.218 Hospital/medical/infectious waste incinerators for which construction is commenced after June 20, 1996. NR 440.22 Portland cement plants. NR 440.23 Nitric acid plants. NR 440.24 Sulfuric acid plants. NR 440.25 Asphalt concrete plants. NR 440.26 Petroleum refineries. NR…

NR 440.23 Nitric acid plants. (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…

NR 440.24 Sulfuric acid plants. (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 modifica…

NR 440.25 Asphalt concrete plants. (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 an…

NR 440.26 Petroleum refineries. (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 c…

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. (1) APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY. (a) Except as provided in par. (b), the affected facility to wh…

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. (1) APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY. (a) Except as provided in par. (b), the affected facility to wh…

NR 440.285 Volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction or modification commenced after July 23, 1984. NR 440.29 Secondary lead smelters. NR 440.30 Secondary brass and bronze production plants. NR 440.…

NR 440.29 Secondary lead smelters. (1) APPLICABILITY AND DESIGNATIONS OF AFFECTED FACILITY. (a) The provisions of this section are applicable to the following affected facilities in secondary lead smelters: pot furnaces of more than 250 kg (550 lb) charging capacity, blast (cupol…

NR 440.30 Secondary brass and bronze production plants. (1) APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY. (a) The provisions of this section are applicable to the following affected facilities in secondary brass or bronze production plants: reverberatory and electric furnac…

NR 440.31 Primary emissions from basic oxygen process furnaces for which construction is commenced after June 11, 1973. (1) APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY. (a) The affected facility to which the provisions of this section apply is each basic oxygen process fur…

NR 440.315 Basic oxygen process steelmaking facilities for which construction is commenced after January 20, 1983. NR 440.32 Sewage treatment plants. NR 440.33 Primary copper smelters. NR 440.34 Primary zinc smelters. NR 440.35 Primary lead smelters. NR 440.36 Primary aluminum re…

NR 440.32 Sewage treatment plants. (1) APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY. (a) The affected facility is each incinerator that combusts wastes containing more than 10% sewage sludge (dry basis) produced by municipal sewage treatment plants, or each incinerator that…

NR 440.33 Primary copper smelters. (1) APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY. (a) The provisions of this section are applicable to the following affected facilities in primary copper smelters: dryer, roaster, smelting furnace, and copper converter. (b) Any facility u…

NR 440.34 Primary zinc smelters. (1) APPLICA(a) The provisions of this section are applicable to the following affected facilities in primary zinc smelters: roaster and sintering machine. (b) Any facility under par. (a) that commences construction or modification after October 16…

NR 440.36 Primary aluminum reduction plants. (1) APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY. (a) The affected facilities in primary aluminum reduction plants to which this section applies are potroom groups and anode bake plants. (b) Except as provided in par. (c), any af…

NR 440.37 Phosphate fertilizer industry: wetprocess phosphoric acid plants. (1) APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY. (a) The affected facility to which the provisions of this section apply is each wet-process phosphoric acid plant having a design capacity of more t…

NR 440.38 Phosphate fertilizer industry: superphosphoric acid plants. (1) APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY. (a) The affected facility to which the provisions of this section apply is each superphosphoric acid plant having a design capacity of more than 15 tons o…

NR 440.39 Phosphate fertilizer industry: diammonium phosphate plants. (1) APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY. (a) The affected facility to which the provisions of this section apply is each granular diammonium phosphate plant having a design capacity of more than …

NR 440.40 Phosphate fertilizer industry: triple superphosphate plants. (1) APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY. (a) The affected facility to which the provisions of this section apply is each triple superphosphate plant having a design capacity of more than 15 tons…

NR 440.41 Phosphate fertilizer industry: granular triple superphosphate storage facilities. (1) APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY. (a) The affected facility to which the provisions of this section apply is each granular triple superphosphate storage facility. For…

NR 440.42 Coal preparation plants. (1) APPLICA(a) The provisions of this section are applicable to any of the following affected facilities in coal preparation plants which process BILITY AND DESIGNATION OF AFFECTED FACILITY. date the chapter was last published. 123 DEPARTMENT OF…

NR 440.43 Ferroalloy production facilities. (1) APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY. (a) The provisions of this section are applicable to the following affected facilities: electric submerged arc furnaces which produce silicon metal, ferrosilicon, calcium silicon, …

NR 440.44 Steel plants: electric arc furnaces constructed after October 21, 1974, and on or before August 17, 1983. (1) APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY. (a) The provisions of this section are applicable to the following affected facilities in steel plants that …

NR 440.445 Steel plants: electric arc furnaces and argon-oxygen decarburization vessels constructed after August 17, 1983. (1) APPLICABILITY. (a) The provisions of this section are applicable to the following facilities in steel plants that produce carbon, alloy, or specialty ste…

NR 440.45 Kraft pulp mills. (1) APPLICABILITY AND (a) The provisions of this section are applicable to the following affected facilities in kraft pulp mills: digester system, brown stock washer system, DESIGNATION OF AFFECTED FACILITY. date the chapter was last published. 135 DEP…

NR 440.47 Grain elevators. (1) APPLICABILITY AND (a) The provisions of this section apply to each affected facility at any grain terminal elevator or any grain storage elevator, except as provided under sub. (5) (b). The affected facilities are each truck unloading station, truck…

NR 440.48 Surface coating of metal furniture. (1) APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY. (a) The affected facility to which the provisions of this section apply is each metal furniture surface coating operation in which organic coatings are applied. (b) This section …

NR 440.50 Stationary gas turbines. (1) APPLICA(a) The provisions of this section are applicable to the following affected facilities: all stationary gas turbines with a heat input at peak load equal to or greater than 10.7 gigajoules (10 million Btu) per hour, based on the lower …