Wis. Admin. Code Department of Natural Resources NR 493.05

Current through October 28, 2024

Section NR 493.05 - Episode orders

The following are orders which may be appropriate for use by the secretary under s. 285.85, Stats., upon declaration under s. NR 493.03(2) that an air pollution episode exists for any air contaminant for which an air standard has been adopted or for any combination of air contaminants:

(1) AIR POLLUTION ALERT.

(a)Any air contaminant or combination of air contaminants. Any person responsible for the operation of a source of air contamination as set forth in s. NR 493.04(1) shall take all AIR POLLUTION ALERT actions as required for such source of air contamination, and shall particularly put into effect the emission control action program for an AIR POLLUTION ALERT declared under s. NR 493.03(2).

(b)Particulate matter.

1. No person may open burn any tree wastes, vegetation, refuse, or debris in any form.

2. The use of incinerators for the disposal of any form of solid waste shall be limited to the hours between 12:00 noon and 4:00 p.m.

3. Persons operating fuel-burning equipment which requires intermittent boiler lancing or soot blowing shall perform such operations, to the maximum extent possible, between the hours of 12:00 noon and 4:00 p.m.

(c) Nitrogen oxides.

1. No person may open burn any tree waste, vegetation, refuse, or debris in any form.

2. The use of incinerators for the disposal of any form of solid waste shall be limited to the hours between 12:00 noon and 4:00 p.m.

(2) AIR POLLUTION WARNING.

(a)Any air contaminant or combination of air contaminants. Any person responsible for the operation of a source of air contamination as set forth in s. NR 493.04(1) shall take all AIR POLLUTION WARNING actions as required for such source of air contamination, and shall particularly put into effect the emission control action program for an AIR POLLUTION WARNING declared under s. NR 493.03(2).

(b)Particulate matter.

1. No person may open burn any tree waste, vegetation, refuse, or debris in any form.

2. No person may use incinerators for the disposal of any form of solid waste or liquid waste.

3. Persons operating fuel-burning equipment which requires intermittent boiler lancing or soot blowing shall perform such operations, to the maximum extent possible, between the hours of 12:00 noon and 4:00 p.m.

(c)Nitrogen oxides.

1. No person may open burn any tree waste, vegetation, refuse, or debris in any form.

2. No person may use incinerators for the disposal of any form of solid waste or liquid waste.

(3) AIR POLLUTION EMERGENCY.

(a)Any air contaminant or combination of air contaminants.

1. Any person responsible for the operation of a source of air contamination set forth in s. NR 493.04(1) shall take all AIR POLLUTION EMERGENCY actions as required for such source of air contamination, and shall particularly put into effect the emission control action program for an AIR POLLUTION EMERGENCY declared under s. NR 493.03(2).

2. All manufacturing establishments, including those too small to be included under s. NR 493.04(1), shall institute such action as will result in maximum reduction of air contaminants from their operations by ceasing, curtailing, or postponing operations which emit air contaminants to the extent possible without causing injury to persons or damage to equipment.

3. All places of employment described in this subdivision shall immediately cease operations except for those operations necessary to provide emergency services or products or to prevent personal injury or property loss or damage:

a. Mining and quarrying of nonmetallic minerals.

b. All contract construction work.

c. Wholesale trade establishments which are primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional users, or to other wholesalers, or acting as agents in buying merchandise for or selling merchandise to such persons or companies.

d. All offices of local, county, and state government and any other public body, except for those offices providing emergency services such as fire or police protection, medical services, or protection of public health and the environment, and those offices that must continue to operate in order to enforce the requirements of this order.

e. All retail trade establishments, except pharmacies and stores primarily engaged in the sale of food.

f. Banks, credit agencies, securities and commodities brokers, dealers, exchanges and services, offices of insurance carriers, agents and brokers, and real estate offices.

g. Wholesale and retail dry cleaners, photographic studios, beauty shops, barber shops, shoe repair shops and other establishments providing personal services.

h. Business services such as advertising offices, consumer credit reporting agencies, copying, duplicating, mailing, stenographic services, equipment rental services and commercial testing laboratories.

i. Auto body shops, vehicle paint shops and car washes.

j. Establishments rendering amusement and recreation services, including motion picture theaters.

k. Elementary and secondary schools, colleges, universities, professional schools, junior colleges, vocational schools, and public and private libraries.

4. No person may open burn any tree waste, vegetation, refuse or debris in any form.

5. No person may use incinerators for the disposal of any form of solid or liquid waste.

6. No person may use a motor vehicle except as necessary to provide or obtain emergency services or products or to prevent personal injury or property loss or damage.

(4) EPISODE ACTION. When the secretary determines that an air pollution episode condition exists at one or more monitoring sites solely because of emissions from a limited number of sources, the secretary may order such source or sources to put into effect the emission control action programs which are applicable for each episode stage.

Table 2

Emission Reduction Requirements For Particulate Matter

Source of Air Contamination	Air Pollution Alert	Air Pollution Warning	Air Pollution Emergency
(1) Coal or oil-fired electric power generating facilities.	(a) 1. Substantial reduction of particulates by utilization of fuels having lowest available ash content.	(b) 1. Maximum reduction of particulates by utilization of fuels having lowest available ash content.	(c) 1. Maximum reduction of particulates by utilization of fuels having lowest available ash content.
	2. Maximum utilization of midday (12:00 Noon to 4:00 p.m.) atmospheric turbulence for boiler lancing and soot blowing.	2. Maximum utilization of midday (12:00 Noon to 4:00 p.m.) atmospheric turbulence for boiler lancing and soot blowing.	2. Maximum utilization of midday (12:00 Noon to 4:00 p.m.) atmospheric turbulence for boiler lancing and soot blowing.
	3. Substantial reduction of particulates by diverting electric power generation to facilities outside of Alert Area	3. Maximum reduction of particulates by diverting electric power generation to facilities outside of Warning Area.	3. Maximum reduction of particulates by diverting electric power generation to facilities outside of Emergency Area.
(2) Coal or oil-fired process steam generating facilities.	(a) 1. Substantial reduction of particulates by utilization of fuels having lowest available ash content.	(b) 1. Maximum reduction of particulates by utilization of fuels having lowest available ash content.	(c) 1. Maximum reduction of particulates by reducing heat and steam demands to absolute necessities consistent with preventing equipment damage.
	2. Maximum utilization of midday (12:00 Noon to 4:00 p.m.) atmospheric turbulence for boiler lancing and soot blowing. 3. Reduction of steam load demands consistent with continuing plant operations.	2. Maximum utilization of midday (12:00 Noon to 4:00 p.m.) atmospheric turbulence for boiler lancing and soot blowing. 3. Reduction of steam load demands consistent with continuing plant operations.	2. Maximum utilization of midday (12:00 Noon to 4:00 p.m.) atmospheric turbulence for boiler lancing and soot blowing. 3. Taking the action called for in the emergency portion of the emission control action program.
	4. Making ready for use a plan of action to be taken if an emergency develops.
(3) Manufacturing, processing, and mining industries. OR Other persons required by the department to prepare emission control action programs.	(a) 1. Substantial reduction of particulates from manufacturing operations by curtailing, postponing, or deferring production and allied operations.	(b) 1. Maximum reduction of particulates from manufacturing operations by, if necessary, assuming reasonable economic hardship by postponing production and allied operations.	(c) 1. Elimination of particulates from manufacturing operations by ceasing, curtailing, postponing or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment.
	2. Maximum reduction of particulates by deferring trade waste disposal operations which emit particles, gases, vapors or malodorous substances.	2. Maximum reduction of particulates by deferring trade waste disposal operations which emit particles, gases, vapors or malodorous substances.	2. Elimination of particulates from trade waste disposal processes which emit particles, gases, vapors or malodorous substances.
	3. Reduction of heat load demands for processing consistent with continuing plant operations.	3. Reduction of heat load demands for processing consistent with continuing plant operations.	3. Maximum reduction of heat load demands for processing.
(4) Refuse disposal operations.	(a) 1. Maximum reduction of particulates by prevention of open burning.	(b) 1. Maximum reduction of particulates by eliminating open burning.	(c) 1. Maximum reduction of particulates by eliminating open burning.
	2. Substantial reduction of particulates by limiting burning of refuse in incinerators to the hours between 12:00 Noon and 4:00 p.m.	2. Complete elimination of the use of incinerators.	2. Complete elimination of the use of incinerators.

Table 3

Emission Reduction Requirements For Sulfur Oxides

Source of Air Contamination	Air Pollution Alert	Air Pollution Warning	Air Pollution Emergency
(1) Coal or oil-fired electric power generating facilities.	(a) 1. Substantial reduction of sulfur dioxide by utilization of fuels having lowest available sulfur content.	(b) 1. Maximum reduction of sulfur dioxide by utilization of fuels having lowest available sulfur content.	(c) 1. Maximum reduction of sulfur dioxide by utilization of fuels having lowest available sulfur content.
	2. Substantial reduction of sulfur dioxide by diverting electric power generation to facilities outside of Alert Area.	2. Maximum reduction of sulfur dioxide by diverting electric power generation to facilities outside of Warning Area.	2. Maximum reduction of sulfur dioxide by diverting electric power generation to facilities outside of Emergency Area.
(2) Coal or oil-fired process steam generating facilities.	(a) 1. Substantial reduction of sulfur dioxide by utilization of fuels having lowest available sulfur content.	(b) 1. Maximum reduction of sulfur dioxide by utilization of fuels having the lowest available sulfur content.	(c) 1. Maximum reduction of sulfur dioxide by reducing heat and steam demands to absolute necessities consistent with preventing equipment damage.
	2. Reduction of steam load demands consistent with continuing plant operations.	2. Reduction of steam load demands consistent with continuing plant operations.	2. Taking the action called for in the emergency portion of the emission control action programs.
	3. Reduction of heat load demands for processing consistent with continuing plant operations.
(3) Manufacturing and processing industries. OR Other persons required by the department to prepare emission control action programs.	(a) 1. Substantial reduction of sulfur dioxide from manufacturing operations by curtailing, postponing, or deferring production and allied operations.	(b) 1. Maximum reduction of sulfur dioxide from manufacturing operations by, if necessary, assuming reasonable economic hardship by postponing production and allied operations.	(c) 1. Elimination of sulfur dioxide from manufacturing operations by ceasing, curtailing, postponing or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment.
2. Maximum reduction of sulfur dioxide by deferring trade waste disposal operations which emit particles, gases, vapors or malodorous substances.	2. Maximum reduction of sulfur dioxide by deferring trade waste disposal operations which emit particles, gases, vapors or malodorous substances.	2. Elimination of sulfur dioxide from trade waste disposal processes which emit particles, gases, vapors or malodorous substances.
3. Reduction of heat load demands for processing consistent with continuing plant operations.	3. Reduction of heat load demands for processing consistent with continuing plant operations.	3. Maximum reduction of heat load demands for processing.

Table 4

Emission Reduction Requirements For Nitrogen Oxides

Source of Air Contamination	Air Pollution Alert	Air Pollution Warning	Air Pollution Emergency
(1) Steam-electric power generating facilities.	(a) 1. Substantial reduction of nitrogen oxides by utilization of fuel which results in the formation of less air contaminant.	(b) 1. Maximum reduction of nitrogen oxides by utilization of fuel which results in the formation of the least amount of air contaminant.	(c) Maximum reduction of nitrogen oxides by diverting electric power generation to facilities outside of Emergency Area.
	2. Substantial reduction of nitrogen oxides by diverting electric power generation to facilities outside of Alert Area.	2. Maximum reduction of nitrogen oxides by diverting electric power generation to facilities outside of Warning Area.
(2) Process steam generating facilities.	(a) 1. Substantial reduction of nitrogen oxides by utilization of fuel which results in the formation of less air contaminant.	(b) 1. Maximum reduction of nitrogen oxides by utilization of fuel which results in the formation of less air contaminant.	(c) Maximum reduction of nitrogen oxides by reducing heat and steam demands to absolute necessities consistent with preventing equipment damage.
	2. Reduction of steam load demands consistent with continuing plant operations.	2. Reduction of steam load demands consistent with continuing plant operations. 3. Making ready for use a plan of action to be taken if an emergency develops.
(3) Manufacturing and processing industries. OR Other persons required by the department to prepare emission control action programs.	(a) 1. Substantial reduction of nitrogen oxides from manufacturing operations by curtailing, postponing, or deferring production and allied operations.	(b) 1. Maximum reduction of nitrogen oxides from manufacturing operations by, if necessary, assuming reasonable economic hardship by postponing, production and allied operations.	(c) 1. Elimination of nitrogen oxides from manufacturing operations by ceasing, curtailing, postponing, or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment.
	2. Maximum reduction of nitrogen oxides by deferring trade waste disposal operations which emit particles, gases, vapors or malodorous substances.	2. Maximum reduction of nitrogen oxides by deferring trade waste disposal operations which emit particles, gases, vapors or malodorous substances.	2. Elimination of nitrogen oxides from trade waste disposal processes which emit particles, gases, vapors or malodorous substances.
	3. Reduction of heat load demands for processing consistent with continuing plant operations.	3. Reduction of heat load demands for processing consistent with continuing plant operations.	3. Maximum reduction of heat load demands for processing.
(4) Stationary internal combustion engines.	(a) Reduction of power demands for pumping consistent with continuing operations.	(b) 1. Reduction of power demands for pumping consistent with continuing operations.	(c) 1. Maximum reduction of nitrogen oxides by reducing power demands to absolute necessities consistent with personnel safety and preventing equipment damage.
		2. Maximum reduction of nitrogen oxides by utilization of fuels or power source which results in the formation of less air contaminant.	2. Maximum reduction of nitrogen oxides by utilization of fuels or power source which results in the formation of less air contaminant.

Table 5

Emission Reduction Requirements For Volatile Organic Compounds For Control Of Ozone

Source of Air Contamination	Air Pollution Alert	Air Pollution Warning	Air Pollution Emergency
(1) Petroleum products storage and distribution.	(a) Substantial reduction of volatile organic compounds by curtailing, postponing, or deferring transfer operations.	(b) Maximum reduction of volatile organic compounds by assuming reasonable economic hardship by postponing transfer operations.	(c) Elimination of volatile organic compounds by curtailing, postponing, or deferring transfer operations to the extent possible without causing damage to equipment.
(2) Surface coating and preparation.	(a) Substantial reduction of volatile organic compounds by curtailing, postponing, or deferring surface preparation and coating application operations.	(b) Maximum reduction of volatile organic compounds by assuming reasonable economic hardship by postponing surface preparation and coating application operations.	(c) Elimination of volatile organic compounds by curtailing, postponing, or deferring surface preparation and coating application operations to the extent possible without causing damage to equipment.
(3) Manufacturing and processing industries. OR Other persons required by the department to prepare emission control action programs.	(a) Substantial reduction of volatile organic compounds from manufacturing operations by curtailing, postponing, or deferring production and allied operations.	(b) Maximum reduction of volatile organic compounds from manufacturing operations by, if necessary, assuming reasonable economic hardship by postponing production and allied operations.	(c) Elimination of volatile organic compounds from manufacturing operations by ceasing, curtailing, postponing, or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment.

Table 6

Emission Reduction Requirements For Carbon Monoxide

Source of Air Contamination	Air Pollution Alert	Air Pollution Warning	Air Pollution Emergency
(1) Manufacturing industries. OR Other persons required by the department to prepare emission control action programs.	(a) Substantial reduction of carbon monoxide from manufacturing operations by curtailing, postponing, or deferring production and allied operations.	(b) Maximum reduction of carbon monoxide from manufacturing operations by, if necessary, assuming reasonable economic hardship by postponing production and allied operations.	(c) Elimination of carbon monoxide from manufacturing operations by ceasing, curtailing, postponing or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment.
(2) Refuse disposal operations.	(a) Maximum reduction of carbon monoxide by eliminating open burning.	(b) Maximum reduction of carbon monoxide by eliminating open burning.	(c) Maximum reduction of carbon monoxide by eliminating open burning.

Wis. Admin. Code Department of Natural Resources NR 493.05

Renum. from NR 154.20(3) and am. Register, July, 1985, No. 355, eff. 8-1-85; renum. from NR 493.03, Register, September, 1986, No. 369, eff. 10-1-86; am. (3) (a) 2. and 3. intro., 2., 4., g. and h., 6. and Table 5, r. and recr. (3) (a) 3. i., Register, May, 1992, No. 437, eff. 6-1-92.