For the purposes of applying the requirements of s. NR 408.03 (5)
, a stationary source for which a complete construction permit application was submitted or was required to be submitted after November 15, 1992 is major for nitrogen oxides if it is located in any ozone nonattainment area or ozone transport region and it emits, or has the potential to emit, nitrogen oxides as follows:
Any ozone nonattainment area classified as rural transport, marginal or moderate.
Any ozone nonattainment area classified as transitional, submarginal or an incomplete or no data area, that is located in any ozone transport region.
Areas classified under the Act as attainment or unclassifiable for ozone that are located in any ozone transport region.
50 tpy or more of nitrogen oxides in any serious nonattainment area for ozone.
25 tpy or more of nitrogen oxides in any severe nonattainment area for ozone.
10 tpy or more of nitrogen oxides in any extreme nonattainment area for ozone.
A stationary source that is major for VOC shall be considered major for ozone and subject to the requirements for ozone in this chapter.
For purposes of implementing the requirements of s. NR 408.03 (4)
, a stationary source that is major for any PM10
precursor shall be considered major for PM10
The fugitive emissions of a stationary source may not be included in determining, for any of the purposes of this chapter, whether it is a major source unless the source belongs to one of the following categories of stationary sources:
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)
Fossil fuel-fired boilers (or combination thereof) totaling more than 250 million Btu per hour heat input.
Fossil fuel-fired electric plants of more than 250 million Btu per hour heat input.
Municipal incinerators (or combinations thereof) capable of charging more than 50 tons of refuse per day.
Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.
Mobile source emissions indirectly caused by a source which attracts mobile source activity may not be considered in determining whether the source is a major stationary source for the purposes of this chapter.
“Necessary preconstruction approvals or permits" means those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations which are part of the applicable state implementation plan.
“Net emissions increase" means, with respect to any regulated NSR air contaminant emitted by a major stationary source, the amount by which the difference between the sum of emission increases and the sum of emission decreases of the following exceeds zero:
The increase in emissions from a particular physical change or change in the method of operation at a stationary source calculated pursuant to the methods contained in s. NR 408.025
Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this subdivision shall be determined as provided in sub. (2m)
, except that sub. (2m) (a) 3.
and (b) 4.
do not apply.
An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between the following:
The date 5 years before construction on the particular change commences.
An increase or decrease in actual emissions is creditable only if all of the following are satisfied:
The department has not relied on it in issuing a permit for the source under this chapter and the permit is in effect when the increase in actual emissions from the particular change occurs.
An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.
A decrease in actual emissions is creditable only to the extent that all of the following are satisfied:
The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions.
It is enforceable as a practical matter at and after the time that actual construction on the particular change begins.
The department has not relied on it in issuing any permit under ch. NR 405
or this chapter or the state has not relied on it in demonstrating attainment or reasonable further progress.
It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.
An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit an air contaminant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.
Subsection NR 408.02 (1) (a) does not apply for determining creditable increases and decreases or after a change.
“Nonattainment area" means any area that does not meet the primary or secondary ambient air quality standard for a pollutant and that is designated nonattainment with respect to that pollutant by the administrator pursuant to section 107 (d) of the Act (42 USC 7407
(d)) or by the department pursuant to s. 285.23 (2)
For certain pollutants, nonattainment areas are classified for the purpose of applying an attainment date or for other purposes, in accordance with procedures in the act. The following nonattainment area classifications have been established:
For ozone: rural transport, marginal, moderate, serious, severe and extreme.
NR 408.02 Note
See 40 CFR part 81
for a listing of the specific areas.
The classification with the lowest emission threshold under s. NR 407.02 (4) (c) 1. a.
determines the major source or major modification threshold in an area classified as nonattainment for more than one ozone national ambient air quality standard, until the area is redesignated to attainment for a current standard or a redesignation substitute for a revoked standard has been approved by the EPA for the standard with the lowest emission threshold.
NR 408.02 Note
Note: The department maintains materials accessible to the public that show current Wisconsin nonattainment areas and summarizes the applicable permitting requirements for major sources of emissions within these areas.
“Nonattainment major new source review" or “NSR" program means a major source preconstruction permit program that has been approved by the administrator and incorporated into the state implementation plan to implement the requirements of 40 CFR part 51
, Appendix S, Sections I to VI. Any permit issued under the program is a major NSR permit.
“Ozone transport region" means any interstate transport region which has been established for ozone pursuant to section 176A of the Act (42 USC 7506a
“Plant-wide applicability limitation" or “PAL" means an emission limitation expressed in tons per year, for a regulated NSR air contaminant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with s. NR 408.11
precursor" means, for the purposes of implementing the requirements of s. NR 408.03 (4)
, sulfur dioxide, nitrogen oxides or volatile organic compounds.
“Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operation limitation on the capacity of the source to emit a pollutant shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable. Limitations which can be considered in the determination of potential to emit include the application of air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed. Secondary emissions may not be counted in determining a source's potential to emit.
NR 408.02 Note
Note: A permit limitation on emissions from any source, including a minor source which would otherwise be considered a major source, shall include adequate testing, monitoring and recordkeeping procedures in order to be considered a federally enforceable limitation.
“Predictive emissions monitoring system" or “PEMS" means all of the equipment necessary to monitor process and control device operational parameters and to calculate and record the mass emissions rate on a continuous basis.
NR 408.02 Note
Note: Process and control device operational parameters include secondary voltages and electric currents, and other information, such as gas flow rate, O2 or CO2 concentrations.
“Prevention of significant deterioration permit" or “PSD permit" means a major source preconstruction permit issued under ch. NR 405
“Project" means a physical change in, or change in method of operation of, an existing major stationary source.
“Projected actual emissions" means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR air contaminant in any one of the 5 years following the date the unit resumes regular operation after the project. If the project involves increasing the emissions unit's design capacity or the emissions unit's potential to emit the regulated NSR air contaminant, and full utilization of the emissions unit's capacity or potential would result in a significant net emissions increase, “projected actual emissions" means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR air contaminant in any one of the 10 years following the date the unit resumes regular operation after the project.
In determining the projected actual emissions before beginning actual construction, the owner or operator of the major stationary source shall do all of the following:
Consider all relevant information, including historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the state or federal regulatory authorities and compliance plans under the approved state implementation plan.
Include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns and malfunctions.
In determining the projected actual emissions before beginning actual construction, the owner or operator shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under sub. (2m)
and that are also unrelated to the particular project, including any increased utilization due to product demand growth.
In lieu of using the method in par. (b)
, the owner or operator may elect to use the emissions unit's potential to emit, in tons per year, as defined under sub. (28)
“Reasonable further progress" means annual incremental reductions in emissions of the relevant air pollutant required by part D of title I of the Act (42 USC 7501
) or may reasonably be required by the department or the administrator for the purpose of ensuring attainment of the applicable national ambient air quality standards in an area by the applicable statutory deadline.
“Regulated NSR air contaminant" means all of the following: