NR 405.02(25e)(25e) “Project” means a physical change in, or change in method of operation of, an existing major stationary source. NR 405.02(25f)(a)(a) “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. NR 405.02(25f)(b)1.1. 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: NR 405.02(25f)(b)1.a.a. 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. NR 405.02(25f)(b)1.b.b. Include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns and malfunctions. NR 405.02(25f)(b)2.2. 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. NR 405.02(25f)(c)(c) 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. (25). NR 405.02(25g)(25g) “Reactivation of a very clean coal-fired electric utility steam generating unit” means any physical change or change in the method of operation associated with the commencement of commercial operations by a coal-fired utility unit after a period of discontinued operation where the unit meets all of the following criteria: NR 405.02(25g)(a)(a) It has not been in operation for the 2-year period prior to the enactment of the clean air Act amendments of 1990 on November 15, 1990, and the emissions from the unit continue to be carried in the department’s emissions inventory at the time of enactment. NR 405.02(25g)(b)(b) It was as equipped prior to shutdown with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than 85% and a removal efficiency for particulates of no less than 98%. NR 405.02(25g)(c)(c) It is equipped with low-NOx burners prior to the time of commencement of operations following reactivation. NR 405.02(25i)(25i) “Regulated NSR air contaminant” means all of the following: NR 405.02(25i)(a)(a) Any air contaminant for which a national ambient air quality standard has been promulgated. NR 405.02(25i)(ag)(ag) PM2.5 emissions and PM10 emissions. As defined in s. NR 400.02 (123m) and (124), respectively, these terms include filterable emissions and gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. NR 405.02(25i)(ar)(ar) Any air contaminant that is identified under this paragraph as a precursor to an air contaminant for which a national ambient air quality standard has been promulgated by the EPA, or that the EPA has determined to be a constituent or precursor to an air contaminant for which a national ambient air quality standard has been promulgated by the EPA. The precursors identified by the administrator are as follows: NR 405.02(25i)(ar)1.1. Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas. NR 405.02(25i)(ar)2.2. Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas. NR 405.02(25i)(ar)3.3. Nitrogen oxides are precursors to PM2.5 in all attainment and unclassifiable 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 concentrations. NR 405.02(25i)(d)(d) Any air contaminant that otherwise is subject to regulation under the Act; except that any or all hazardous air pollutants either listed in section 112 of the Act (42 USC 7412) or added to the list pursuant to section 112(b)(2) of the Act (42 USC 7412(b)(2)), which have not been delisted pursuant to section 112(b)(3) of the Act (42 USC 7412 (b)(3)), are not regulated NSR air contaminants unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general air contaminant listed under section 108 of the Act (42 USC 7408). NR 405.02(25k)(25k) “Replacement unit” means an emissions unit for which all the criteria listed in pars. (a) to (d) are met. No creditable emission reductions may be generated from shutting down the existing emissions unit that is replaced. NR 405.02(25k)(a)(a) 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. NR 405.02(25k)(b)(b) The emissions unit is identical to or functionally equivalent to the replaced emissions unit. NR 405.02(25k)(c)(c) The replacement does not change any of the basic design parameters of the process line. NR 405.02(25k)(d)(d) 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. NR 405.02(25m)(a)(a) “Repowering” means replacement of an existing coal-fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the administrator, in consultation with the federal secretary of energy, a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990. NR 405.02(25m)(b)(b) Repowering shall also include any unit fired by oil or gas or both which has been awarded clean coal technology demonstration funding as of January 1, 1991, by the federal department of energy. NR 405.02(25m)(c)(c) The department shall give expedited consideration to permit applications for any source that satisfies the requirements of this subsection and is granted an extension under section 409 of the Act (42 USC 7651h). NR 405.02(25s)(25s) “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 such period is more representative of normal source operations, considering the effect any such change will have on increasing or decreasing the hourly emissions rate and on projected capacity utilization. In projecting future emissions the department shall: NR 405.02(25s)(a)(a) 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. NR 405.02(25s)(b)(b) 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. NR 405.02(26)(26) “Secondary emissions” means emissions which occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purposes of this chapter, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel. NR 405.02(27)(a)(a) “Significant” means, in reference to a net emissions increase or the potential of a source to emit any of the air contaminants in Table A, a rate of emissions that would equal or exceed any of the rates in Table A. Table A
Pollutant and Emissions Rate
1. Carbon monoxide: 100 tons per year (tpy)
2. Nitrogen oxides: 40 tpy
3. Sulfur dioxide: 40 tpy
4. Particulate matter: 25 tpy
5. PM10: 15 tpy
5m. PM2.5: 10 tpy, also 40 tpy of nitrogen oxides or 40 tpy of sulfur dioxide
6. Ozone: 40 tpy of volatile organic compounds or nitrogen oxides
7. Lead: 0.60 tpy
8. Municipal solid waste landfill emissions (measured as nonmethane organic compounds): 50 tpy
9. Fluorides: 3.0 tpy
10. Sulfuric acid mist: 7.0 tpy
11. Hydrogen sulfide (H2S): 10 tpy
12. Total reduced sulfur (including H2S): 10 tpy
13. Reduced sulfur compounds (including H2S): 10 tpy
14. Municipal waste combustor (MWC) acid gases (measured as total sulfur dioxide and hydrogen chloride): 40 tpy
15. MWC metals (measured as particulate matter): 15 tpy
16. MWC organics (measured as total tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans): 3.5×10-6 tpy
NR 405.02(27)(c)(c) “Significant” means any emissions rate in reference to a net emissions increase or the potential of a source to emit an air contaminant subject to regulation under the Act other than air contaminants listed in par. (a) or under section 112 (b) of the Act (42 USC 7412 (b)). NR 405.02(27)(d)(d) Notwithstanding par. (a), “significant” means any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within 10 kilometers of a Class I area, and have an impact on such area equal to or greater than 1 µg/m3 (24-hour average). NR 405.02(27m)(27m) “Significant emissions increase” means, for a regulated NSR air contaminant, an increase in emissions that is equal to or greater than the value for that air contaminant listed in s. NR 405.02 (27). 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 HistoryHistory: 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 405.025NR 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 HistoryHistory: CR 03-118: cr. Register June 2007 No. 618, eff. 7-1-07. NR 405.03NR 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 HistoryHistory: 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 405.04NR 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.
