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. NR 405.04(4)(4) For purposes of excluding concentrations pursuant to sub. (1) (e), the administrator may approve a plan revision that: NR 405.04(4)(a)(a) Specifies the time over which the temporary emissions increase of sulfur dioxide, nitrogen dioxide or particulate matter would occur. Such time is not to exceed 2 years in duration unless a longer time is approved by the administrator. NR 405.04(4)(b)(b) Specifies that the time period for excluding certain contributions in accordance with par. (a) is not renewable. NR 405.04(4)(c)(c) Allows no emissions increase from a stationary source which would do either of the following: NR 405.04(4)(c)1.1. Impact a Class I area or an area where an applicable increment is known to be violated. NR 405.04(4)(c)2.2. Cause or contribute to the violation of a national ambient air quality standard. NR 405.04(4)(d)(d) Requires limitations to be in effect at the end of the time period specified in accordance with par. (a) which would insure that the emissions levels from stationary sources affected by the plan revision would not exceed those levels occurring from such sources before the plan revision was approved. NR 405.04 HistoryHistory: Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. (1) (e), (2), (3) and (4) (a), Register, May,1992, No. 437, eff. 6-1-92; am. (1) (a) and (e), (4) (intro.) and (a), r. (3), Register, December, 1995, No. 480, eff. 1-1-96; am. (1) (intro.), (a), (b), (4) (c) (intro.), Register, December, 1996, No. 492, eff. 1-1-97. NR 405.05(1)(1) All areas of the state, except as otherwise provided under s. NR 405.03, shall be designated either Class I, Class II, or Class III. Any designation other than Class II shall be subject to the redesignation procedures of this section. Any redesignation must be approved by the administrator as a revision to the applicable state implementation plan. NR 405.05(2)(2) The department may redesignate areas of the state Class I or Class II if the following criteria are met: 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 NoteNote: 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 HistoryHistory: 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.
