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:
Any air contaminant for which a national ambient air quality standard has been promulgated.
Any air contaminant that is identified under this paragraph as a precursor of a general air contaminant listed under par. (a)
, or that the EPA has determined to be a constituent or precursor of a general air contaminant listed under par. (a)
, provided that a constituent or precursor pollutant may only be regulated under this chapter as part of regulation of the general air contaminant. The precursors identified by the administrator are as follows:
Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas.
Sulfur dioxide is a precursor to PM2.5
in all PM2.5
Nitrogen oxides are presumed to be precursors to PM2.5
in all PM2.5
nonattainment areas, unless the department demonstrates to the administrator's satisfaction or the EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to the area's ambient PM2.5
emissions and PM10
emissions. As defined in s. NR 400.02 (123m)
, respectively, these terms include filterable emissions and gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures.
“Replacement unit" means an emissions unit for which all the criteria listed in pars. (a)
are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.
The emissions unit is a reconstructed unit within the meaning of s. NR 400.02 (130)
, or the emissions unit completely takes the place of an existing emissions unit.
The emissions unit is identical to or functionally equivalent to the replaced emissions unit.
The replacement does not change any of the basic design parameters of the process line.
The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit.
“Representative actual annual emissions" means the average rate, in tons per year, at which the source is projected to emit a pollutant for the 2-year period after a physical change or change in the method of operation of a unit, or a different consecutive 2-year period within 10 years after that change, where the department determines that the period is more representative of normal source operations, considering the effect any change will have on increasing or decreasing the hourly emissions rate and on projected capacity utilization. In projecting future emissions the department shall:
Consider all relevant information, including but not limited to, historical operational data, the company's own representations, filings with the state or federal regulatory authorities, and compliance plans under title IV of the act.
Exclude, in calculating any increase in emissions that results from the particular physical change or change in the method of operation at an electric utility steam generating unit, that portion of the unit's emissions following the change that could have been accommodated during the representative baseline period and is attributable to an increase in projected capacity utilization at the unit that is unrelated to the particular change, including any increased utilization due to the rate of electricity demand growth for the utility system as a whole.
“Secondary emissions" means emissions which would occur as a result of the construction or operation of a major source or major modification, but do not come from the major source or major modification itself. For the purpose of this chapter, secondary emissions shall be specific, well defined, quantifiable and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any off-site support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major source or major modification. Secondary emissions do not include tailpipe emissions from any source regulated under title II of the Act or any emissions from in-transit marine vessels.
“Significant" means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following, except as provided in pars. (b)
: 10 tpy; 40 tpy for nitrogen oxides; and 40 tpy for sulfur dioxide.
Notwithstanding the significant emission rate for carbon monoxide under par. (a)
, a net increase in carbon monoxide emissions resulting from any physical change in, or change in the method of operation of, a stationary source in a serious nonattainment area for carbon monoxide is significant if the increase exceeds 50 tpy, provided stationary sources contribute significantly to carbon monoxide levels in that area.
NR 408.02 Note
Note: If any serious nonattainment area for carbon monoxide is designated in the state, the department will make the determination of whether stationary sources contribute significantly to the carbon monoxide levels in accordance with rules or guidance issued by the U.S. environmental protection agency.
Notwithstanding the significant emissions rate for ozone under par. (a)
, a net increase in emissions of VOCs that would result from any physical change in, or change in the method of operation of, a stationary source for which a complete construction permit application was submitted or was required to be submitted after November 15, 1992 and which is located in a serious or severe nonattainment area for ozone is significant if the increase exceeds 25 tpy when aggregated with all creditable increases and decreases in emissions of that precursor from the source over any period of 5 consecutive years, which includes the calendar year in which the increase will occur.
Notwithstanding the significant emissions rates for ozone under pars. (a)
, any increase in VOC emissions from any discrete operation, unit or other pollutant emitting activity at a major source of VOCs located in an extreme nonattainment area for ozone shall be considered significant.