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.
NR 405.07(4)(a)26.
26. Fossil fuel fired steam electric plants of more than 250 million British thermal units per hour heat input.
NR 405.07(4)(a)27.
27. Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act (
42 USC 7411 or
7412).
NR 405.07(4)(b)
(b) The major source or major modification is a portable stationary source which has previously received a permit under requirements in
ss. NR 405.08 to
405.16 and all of the following conditions are met:
NR 405.07(4)(b)1.
1. The source proposes to relocate and emissions of the source at the new location would be temporary.
NR 405.07(4)(b)2.
2. The emissions from the source would not exceed its allowable emissions.
NR 405.07(4)(b)3.
3. The emissions from the source would impact no Class I area and no area where an applicable increment is known to be violated.
NR 405.07(4)(b)4.
4. Reasonable notice is given to the department prior to the relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the department not less than 30 days in advance of the proposed relocation unless a different time duration is previously approved by the department.
NR 405.07(5)
(5) The requirements of
ss. NR 405.08 to
405.16 do not apply to a major stationary source or major modification with respect to a particular air contaminant if the owner or operator demonstrates that, as to that air contaminant, the source or modification is located in an area designed as nonattainment under section 107 of the Act (
42 USC 7407).
NR 405.07(6)
(6) The requirements contained in
ss. NR 405.09,
405.11, and
405.13 do not apply to a proposed major stationary source or major modification with respect to a particular air contaminant, if the allowable emissions of that air contaminant from a new source, or the net emissions increase of that air contaminant from a modification, would be temporary and impact no Class I area and no area where an applicable increment is known to be violated.
NR 405.07(7)
(7) The requirements contained in
ss. NR 405.09,
405.11, and
405.13 as they relate to any maximum allowable increase for a Class II area do not apply to a modification of a major stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each air contaminant from the modification after the application of best available control technology would be less than 50 tons per year.
NR 405.07(8)
(8) The department may exempt a proposed major stationary source or major modification from the requirements of
s. NR 405.11 with respect to monitoring for a particular air contaminant if one of the following applies:
NR 405.07(8)(a)
(a) The emissions increase of the air contaminant from a new stationary source or the net emissions increase of the air contaminant from a major modification would cause, in any area, air quality impacts less than the following amounts:
NR 405.07 Note
Note: In accordance with
Sierra Club v.
EPA, 706 F.3d 428 (D.C. Cir. 2013), no exemption is available with regard to PM
2.5.
NR 405.07 Note
Note: No de minimis air quality level is provided for ozone. However, any source with a net increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to regulation under this chapter would be required to perform an ambient impact analysis, including the gathering of ambient air quality data.
NR 405.07(8)(b)
(b) The concentrations of the air contaminant in the area that the source or modification would affect are less than the concentrations listed in
par. (a).
NR 405.07 Note
Note: The advance notice requirement for relocation of a portable source in the federal regulations (not less than 10 days advance notice) has been changed to not less than 30 days in sub. (4) (b).
NR 405.07(9)(a)(a) Beginning January 2, 2011, emissions of greenhouse gases at a stationary source shall only be subject to regulation under the Act if the stationary source is any of the following:
NR 405.07(9)(a)1m.
1m. A new major stationary source for a regulated NSR contaminant other than GHG, which will emit or will have the potential to emit 75,000 tpy or more of GHG on a carbon dioxide equivalent basis.
NR 405.07(9)(a)2m.
2m. An existing major stationary source for a regulated NSR contaminant other than GHG, which will have an emissions increase of a regulated NSR contaminant other than GHG, and an emissions increase of 75,000 tpy or more of GHG on a carbon dioxide equivalent basis.
NR 405.07 Note
Note: The department intends to regulate GHG consistent with the
40 CFR 51.166 (June 3, 2010). In the event of litigation or congressional action which impacts the federal regulations, the department will commence rulemaking to remain consistent with the resulting federal regulations.
NR 405.07(9)(b)
(b) For purposes of this subsection, emissions of GHG on a carbon dioxide equivalent basis shall be determined by multiplying the mass amount of emissions, in tons per year, for each of the constituent gases in the pollutant GHG by the associated global warming potential for the gas in Table B, and then summing the products obtained.
-
See PDF for table 
NR 405.07 Note
1 The Chemical Abstract Service or CAS numbers refer to the unique chemical abstracts service registry number assigned to a specific chemical, isomer or mixture of chemicals or isomers and recorded in the CAS chemical registry system by the Chemical Abstracts Service, PO Box 3012, Columbus OH 42310, phone: 1-614-447-3600.
NR 405.07 Note
Note: The GWPs in Table B are based upon the GWPs codified by the EPA at
40 CFR part 98, Subpart A, Table A-1, as of October 22, 2010.
NR 405.07 History
History: Cr.
Register, January, 1987, No. 373, eff. 2-1-87; corrections in (6) to (8) made under s. 13.93 (2m) (b) 7., Stats.,
Register, April, 1988, No. 388; am. (8) (a) 3.,
Register, April, 1995, No. 472, eff. 5-1-95
; am. (1), (4) (intro.), (5) and (6),
Register, December, 1995, No. 480, eff. 1-1-96; am. (3), (5), (8) (intro.), (a) 6., 8, 12, renum. (4) (b) and (c) to be (4) (a) and (b) and am. (4) (a) 27., (b) (intro.),
Register, December, 1996, No. 492, eff. 1-1-97; am. (8) (a) 9.,
Register, October, 1999, No. 526, eff. 11-1-99;
CR 07-104: am. (4) (a) 20.
Register July 2008 No. 631, eff. 8-1-08;
CR 10-050: cr. (8) (a) 3m.
Register November 2010 No. 659, eff. 12-1-10;
EmR1046: emerg. cr. (9), eff. 12-15-10;
CR 10-144: cr. (9)
Register August 2011 No. 668, eff. 9-1-11;
2015 Wis. Act 33: consol. (9) (a) (intro.) and (9) (a) 1. and renum. to (9) (a) (intro.) and am., renum. (9) (a) 1. a. and b. to (9) (a) 1m. and 2m., r. (9) (a) 2.
Register July 2015 No. 715, eff. 8-1-15;
CR 15-077: am. (8) (a) 3m. Register July 2016 No. 727, eff. 8-1-16. NR 405.08
NR 405.08 Control technology review. NR 405.08(1)
(1) A major stationary source or major modification shall meet each applicable emissions limitation under
chs. NR 400 to
499 and under sections 111 and 112 of the Act (
42 USC 7411 and
7412).
NR 405.08(2)
(2) A new major stationary source shall apply best available control technology for each air contaminant that it would have the potential to emit in significant amounts.
NR 405.08(3)
(3) A major modification shall apply best available control technology for each air contaminant for which it would be a significant net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net emissions increase in the air contaminant would occur as a result of a physical change or change in the method of operation in the unit.
NR 405.08(4)
(4) For phased construction projects, the determination of best available control technology shall be reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent phase of the project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of best available control technology for the source.
NR 405.08 History
History: Cr.
Register, January, 1987, No. 373, eff. 2-1-87; am. (1),
Register, April, 1995, No. 472, eff. 5-1-95
; am. (3),
Register, December, 1995, No. 480, eff. 1-1-96.
NR 405.09
NR 405.09 Source impact analysis. The owner or operator of the proposed major source or major modification shall demonstrate that allowable emission increases from the proposed major source or major modification, in conjunction with all other applicable emissions increases or reduction, including secondary emissions, would not cause or contribute to air pollution in violation of either of the following:
NR 405.09(1)
(1) Any national ambient air quality standard in any air quality control region.
NR 405.09(2)
(2) Any applicable maximum allowable increase over the baseline concentration in any area.
NR 405.09 History
History: Cr.
Register, January, 1987, No. 373, eff. 2-1-87; am. (intro.),
Register, December, 1996, No. 492, eff. 1-1-97.
NR 405.10(1)
(1) All estimates of ambient concentrations required under this chapter shall be based on the applicable air quality models, data bases, and other requirements specified in the Guideline on Air Quality Models (Revised) in Appendix W of
40 CFR part 51, incorporated by reference in
s. NR 484.04.
