NR 405.02(28)
(28) “Stationary source" means any building, structure, facility or installation which emits or may emit any air contaminant subject to regulation under the act.
NR 405.02(28m)
(28m) “Subject to regulation under the Act" means, for any air contaminant, that the contaminant is subject to either a provision of the Act, or a nationally applicable regulation codified by the administrator in title 40, chapter I, subchapter
C of the CFR, that requires actual control of the quantity of air emissions of the contaminant, and that the control requirement has taken effect and is operative to control, limit, or restrict the quantity of emissions of the contaminant released from the regulated activity.
NR 405.02(29)
(29) “Temporary clean coal technology demonstration project" means a clean coal technology demonstration project that is operated for a period of 5 years or less, and which complies with the state implementation plans for the state in which the project is located and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.
NR 405.02 History
History: Cr.
Register, January, 1987, No. 373, eff. 2-1-87; am. (27) (a)
Register, December, 1988, No. 396, eff. 1-1-89; am. (intro.), (22) (c), (24) (d), (27) (b) and (28), cr. (22) (d),
Register, May, 1992, No. 437, eff. 6-1-92; emerg. am. (7) and (27) (a) and (b), eff. 11-15-92; am. (intro.), (1) (c), (7), (8) and (27) (a), cr. (1) (d), (8m), (8s), (11m), (21) (b) 8. to 11., (24m), (25g), (25m), (25s) and (29), renum. (14) to be NR 400.02 (39m) and am., r. (27) (b),
Register, May, 1993, No. 449, eff. 6-1-93; corrections in (1) (intro.) and (25g) (a) made under s. 13.93 (2m) (b) 7. and 6., Stats.,
Register, May, 1993, No. 449; am. (1) (b), (2) (a), (3) (intro.), (7), (21) (b) 6., (24) (d), (25m) (b), (c),
Register, April, 1995, No. 472, eff. 5-1-95
; am. (1) (d), (2) (intro.), (3) (intro.), (a), (4) (a) (intro.), 1. and 2., (b) 1. and 2., (7), (8), (12), (21) (intro.), (b) 3., 5. a. and b., 6., 8. a., (22) (a) 1. and 2., (24) (d), (25g) (d), (25m) (a) and (c), (25s) (intro.) and (a), (27) (c) and (28), r. (5), cr. (21m) and (22m),
Register, December, 1995, No. 480, eff. 1-1-96; am. (3) (intro.), (7), (9) (intro.), (21) (b) 2., 3., 8 and 9. (intro.) (22m) (b) 1., (24) (b) (intro.), 1., (24m) (intro.), (25g) and (25m) (a), r. (3) (a), (b),
Register, December, 1996, No., 492, eff. 1-1-97; am. (21) (b) (intro.), 5. and (22) (c),
Register, October, 1999, No. 526, eff. 11-1-99;
CR 01-081: am. (22) (c)
Register September 2004 No. 585, eff. 10-1-04;
CR 03-118: am. (1) (intro.), (a) to (c), (8), (11) and (12), r. (1) (d), (24m), (27) (a) 8., 17. and 18., cr. (2m), (11c), (11e), (11j), (20m), (24j), (25b), (25d), (25e), (25f), (25i) and (27m), r. and recr. (21) and (24),
Register June 2007 No. 618, eff. 7-1-07;
CR 06-109: cr. (27) (a) 8.
Register May 2008 No. 629, eff. 6-1-08;
CR 07-104: am. (12) (b) and (22) (a) 1., cr. (25k)
Register July 2008 No. 631, eff. 8-1-08;
CR 07-036: am. (22) (c)
Register November 2008 No. 635, eff. 12-1-08;
CR 10-050: am. (25k) (intro.), cr. (27) (a) 5m.
Register November 2010 No. 659, eff. 12-1-10;
EmR1046: emerg. cr. (28m), eff. 12-15-10;
CR 10-144: cr. (28m)
Register August 2011 No. 668, eff. 9-1-11;
CR 13-070: am. (21) (b) 5. a., b., 6., (25i) (a), cr. (25i) (ag), (ar)
Register July 2014 No. 703, eff. 8-1-14;
CR 15-077: am. (3), (21) (a), (21m) (a), cr. (21m) (c), am. (22) (b), (22m) (a) 1., cr. (22m) (a) 3., am. (22m) (b) 1., (27) (a) 6. Register July 2016 No. 727, eff. 8-1-16.
NR 405.025
NR 405.025 Methods for calculation of increases in actual emissions. NR 405.025(1)(1) For projects that only involve existing emissions units, any increase in actual emissions from a physical change or change in the method of operation at a stationary source shall equal the sum of the difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit involved in the project.
NR 405.025(2)
(2) For projects that only involve construction of a new emissions unit or units, any increase in actual emissions from a physical change or change in the method of operation at a stationary source shall equal the sum of the differences between the potential to emit from each new emissions unit following completion of the project and the baseline actual emissions for each unit before the project.
NR 405.025(3)
(3) For projects that involve existing and new emissions units, any increase in actual emissions from a physical change or change in the method of operation at a stationary source shall equal the sum of the emissions increases for each emissions unit involved in the project, using the method specified in
sub. (1) for existing emissions units and the method in
sub. (2) for new emissions units.
NR 405.025 History
History: CR 03-118: cr.
Register June 2007 No. 618, eff. 7-1-07.
NR 405.03
NR 405.03 Restrictions on area classifications. NR 405.03(1)(1) All of the following areas which were in existence on August 7, 1977, shall be Class I areas and may not be redesignated by the department:
NR 405.03(1)(b)
(b) National wilderness areas which exceed 5,000 acres in size.
NR 405.03(1)(c)
(c) National memorial parks which exceed 5,000 acres in size.
NR 405.03(2)
(2) Any other area, unless otherwise specified in the legislation creating such an area, is initially designated Class II, but may be redesignated as provided in this chapter.
NR 405.03(3)
(3) The following areas may be redesignated only as Class I or II:
NR 405.03(3)(a)
(a) An area which as of August 7, 1977, exceeded 10,000 acres in size and was a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or seashore.
NR 405.03(3)(b)
(b) A national park or national wilderness area established after August 7, 1977, which exceeds 10,000 acres in size.
NR 405.03(4)
(4) The extent of the areas referred to in
subs. (1) and
(3) shall conform to any changes in the boundaries which have occurred subsequent to August 7, 1977.
NR 405.03 History
History: Cr.
Register, January, 1987, No. 373, eff. 2-1-87; emerg. cr. (4), eff. 11-15-92; cr. (4),
Register, May, 1993, No. 449, eff. 6-1-93.
NR 405.04
NR 405.04 Exclusions from increment consumption. NR 405.04(1)(1) All of the following concentrations shall be excluded in determining compliance with a maximum allowable increase:
NR 405.04(1)(a)
(a) Concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, natural gas, or both by reason of an order in effect under sections 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (
15 USC 791 to
798) over the emissions from such sources before the effective date of such an order.
NR 405.04(1)(b)
(b) Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act (
16 USC 791a to
828c) over the emissions from such sources before the effective date of the plan.
NR 405.04(1)(c)
(c) Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities of new or modified sources.
NR 405.04(1)(d)
(d) The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration.
NR 405.04(1)(e)
(e) Concentrations attributable to the temporary increase in emissions of sulfur dioxide, nitrogen dioxide or particulate matter from stationary sources which are affected by plan revisions approved by the administrator as meeting the criteria specified in
sub. (4).
NR 405.04(2)
(2) No sources which have concentrations which are excluded from increment consumption under
sub. (1) (a) and
(b) may any longer have those concentrations excluded 5 years after the effective date of the order to which
sub. (1) (a) refers or the plan to which
sub. (1) (b) refers, whichever is applicable. If both such order and plan are applicable, no such exclusion may apply more than 5 years after the later of such effective dates.
NR 405.04(4)
(4) For purposes of excluding concentrations pursuant to
sub. (1) (e), the administrator may approve a plan revision that:
NR 405.04(4)(a)
(a) Specifies the time over which the temporary emissions increase of sulfur dioxide, nitrogen dioxide or particulate matter would occur. Such time is not to exceed 2 years in duration unless a longer time is approved by the administrator.
NR 405.04(4)(b)
(b) Specifies that the time period for excluding certain contributions in accordance with
par. (a) is not renewable.
NR 405.04(4)(c)
(c) Allows no emissions increase from a stationary source which would do either of the following:
NR 405.04(4)(c)1.
1. Impact a Class I area or an area where an applicable increment is known to be violated.
NR 405.04(4)(c)2.
2. Cause or contribute to the violation of a national ambient air quality standard.
NR 405.04(4)(d)
(d) Requires limitations to be in effect at the end of the time period specified in accordance with
par. (a) which would insure that the emissions levels from stationary sources affected by the plan revision would not exceed those levels occurring from such sources before the plan revision was approved.
NR 405.04 History
History: Cr.
Register, January, 1987, No. 373, eff. 2-1-87; am. (1) (e), (2), (3) and (4) (a),
Register, May,1992, No. 437, eff. 6-1-92
; am. (1) (a) and (e), (4) (intro.) and (a), r. (3),
Register, December, 1995, No. 480, eff. 1-1-96; am. (1) (intro.), (a), (b), (4) (c) (intro.),
Register, December, 1996, No. 492, eff. 1-1-97.
NR 405.05(1)
(1) All areas of the state, except as otherwise provided under
s. NR 405.03, shall be designated either Class I, Class II, or Class III. Any designation other than Class II shall be subject to the redesignation procedures of this section. Any redesignation must be approved by the administrator as a revision to the applicable state implementation plan.
NR 405.05(2)
(2) The department may redesignate areas of the state Class I or Class II if the following criteria are met:
NR 405.05(2)(a)
(a) At least one public hearing has been held in the area affected.
NR 405.05(2)(b)
(b) Other states, Indian governing bodies, and federal land managers whose lands may be affected by the proposed redesignation are notified at least 30 days prior to the public hearing.
NR 405.05(2)(c)
(c) A discussion of the reasons for the proposed redesignation, including a satisfactory description and analysis of the health, environmental, economic, social and energy effects of the proposed redesignation, is prepared and made available for public inspection at least 30 days prior to the hearing and the notice announcing the hearing contained appropriate notification of the availability of such discussion.
NR 405.05(2)(d)
(d) Prior to the issuance of notice respecting the redesignation of an area that includes any federal lands, the department shall provide written notice to the appropriate federal land manager and the federal land manager shall be allowed 30 days to confer with the department respecting the redesignation and to submit written comments and recommendations. In redesignating any area with respect to which any federal land manager submits written comments and recommendations, the department shall publish a list of any inconsistency between such redesignation and such comments and recommendations (together with the reasons for making such redesignation against the recommendation of the federal land manager).
NR 405.05(2)(e)
(e) The department proposes the redesignation after consultation with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignation.
NR 405.05(3)
(3) Any area other than an area to which
s. NR 405.03 refers may be redesignated as Class III if the following criteria are met:
NR 405.05(3)(a)
(a) The redesignation meets the requirements of provisions established in accordance with
sub. (2).
NR 405.05(3)(b)
(b) The redesignation, except any established by an Indian governing body, is specifically approved by the department.
NR 405.05(3)(c)
(c) The redesignation does not cause, or contribute to, a concentration of any air contaminant which exceeds any maximum allowable increase permitted under the classification of any other area or any national ambient air quality standard.
NR 405.05(3)(d)
(d) Any permit application for any major stationary source or major modification subject to provisions established in accordance with
s. NR 405.10, which can receive a permit only if the area in question is redesignated as Class III, and any material submitted as part of that application is available, insofar as is practicable, for public inspection prior to any public hearing on redesignation of any area as Class III.
NR 405.05(4)
(4) Lands within the exterior boundaries of Indian reservations may be redesignated only by the appropriate Indian governing body. The appropriate Indian governing body may submit to the administrator a proposal to redesignate areas Class I, Class II, or Class III provided that the following conditions are met:
NR 405.05(4)(a)
(a) The Indian governing body has followed procedures equivalent to those required of the department under
subs. (2) and
(3) (c) and
(d).
NR 405.05(4)(b)
(b) Such redesignation is proposed after consultation with the state in which the Indian reservation is located and which border the Indian reservation.
NR 405.05(5)
(5) If the administrator disapproves a proposed redesignation, the classification of the area shall be that which was in effect prior to the disapproval of the redesignation.
NR 405.05(6)
(6) If the administrator disapproves any proposed area redesignation, the department or Indian governing body, as appropriate, may resubmit the proposal after correcting the deficiencies noted by the administrator.
NR 405.05 Note
Note: The time period provided for a federal land manager's comments in the federal regulations (not in excess of 60 days) is specified as 30 days in sub. (2) (d).
NR 405.05 History
History: Cr.
Register, January, 1987, No. 373, eff. 2-1-87
; am. (1), (4) (intro.), (5) and (6),
Register, December, 1995, No. 480, eff. 1-1-96; am. (3) (intro.), (c), (4) (intro.),
Register, December, 1996, No. 492, eff. 1-1-97.
NR 405.06
NR 405.06 Stack heights. The degree of emission limitation required for control of any air contaminant under
chs. NR 400 to
499 may not be affected in any manner by:
NR 405.06(1)
(1) So much of a stack height, not in existence before December 31, 1970, as exceeds good engineering practice, or
NR 405.06(2)
(2) Any other dispersion technique not implemented before then.
NR 405.06 History
History: Cr.
Register, January, 1987, No. 373, eff. 2-1-87.
NR 405.07
NR 405.07 Review of major stationary sources and major modifications — source applicability and exemptions. NR 405.07(1)(1) No major stationary source or major modification may begin actual construction unless the requirements of
ss. NR 405.08 to
405.16 have been met.
NR 405.07(2)
(2) The requirements of
ss. NR 405.08 to
405.16 shall apply to any major stationary source and any major modification with respect to each air contaminant that it would emit, except as this chapter would otherwise allow.
NR 405.07(3)
(3) The requirements of
ss. NR 405.08 to
405.11 apply only to any major stationary source or major modification that would be constructed in an area which is designated as attainment or unclassifiable under section 107 (a) (1) (D) or (E) of the Act (
42 USC 7407(a)(1)(D) or (E)).
NR 405.07(4)
(4) A major source or major modification is exempt from the requirements of
ss. NR 405.08 to
405.16 if any of the following apply:
NR 405.07(4)(a)
(a) The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and such source does not belong to any of the following categories:
NR 405.07(4)(a)8.
8. Municipal incinerators capable of charging more than 250 tons of refuse per day.
NR 405.07(4)(a)20.
20. Chemical process plants. The chemical processing plants category does not include ethanol production facilities that produce ethanol by natural fermentation, as described by the 6-digit code of 312140 or 325193 in the North American Industry Classification System United States, 2007, incorporated by reference in
s. NR 484.05 (17).
NR 405.07(4)(a)21.
21. Fossil fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input.
NR 405.07(4)(a)22.
22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.
