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.
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.
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See PDF for table 
