Chapter NR 405

NR 405.18(10)(d)1. 1. If the emissions level calculated in accordance with sub. (6) is equal to or greater than 80% of the existing PAL level, the department may renew the PAL at the same level without considering the factors set forth in subd. 2.

NR 405.18(10)(d)2. 2. The department may set the PAL at a level that it determines to be more representative of the source’s baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source’s voluntary emissions reductions, or other factors as specifically identified by the department in a written rationale.

NR 405.18(10)(d)3. 3. Notwithstanding subds. 1. and 2., if the potential to emit of the major stationary source is less than the PAL, the department shall adjust the PAL to a level no greater than the potential to emit of the source. The department may not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of sub. (11).

NR 405.18(10)(e) (e) If the compliance date for a state or federal requirement that applies to the PAL source occurs during the PAL effective period, and if the department has not already adjusted for the requirement, the PAL shall be adjusted at the time of PAL renewal or operation permit renewal, whichever occurs first.

NR 405.18(11) (11) Increasing a PAL during the PAL effective period.

NR 405.18(11)(a) (a) The department may increase a PAL level only if the owner or operator complies with all of the following provisions:

NR 405.18(11)(a)1. 1. The owner or operator shall submit a complete application to request an increase in the PAL level for a PAL major modification. The application shall identify the emissions units contributing to the increase in emissions so as to cause the major stationary source’s emissions to equal or exceed its PAL.

NR 405.18(11)(a)2. 2. As part of this application, the owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units under the PAL assuming application of BACT-equivalent controls, plus the sum of the allowable emissions of the new or modified emissions units, exceeds the PAL. The level of control that would result from BACT-equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. The assumed control level for that emissions unit shall be equal to the level of BACT or LAER that currently applies to that emissions unit.

NR 405.18(11)(a)3. 3. The owner or operator obtains a major NSR permit for all emissions units identified in subd. 1., regardless of the magnitude of the emissions increase from them. These emissions units shall comply with any emissions control requirements resulting from the major NSR process, for example, BACT, even though they have also become subject to the PAL or continue to be subject to the PAL.

NR 405.18(11)(b) (b) The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL regulated air contaminant.

NR 405.18(11)(c) (c) The department shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units, assuming application of BACT-equivalent controls as determined in accordance with par. (a) 2., plus the sum of the baseline actual emissions of the small emissions units.

NR 405.18(11)(d) (d) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of sub. (5).

NR 405.18(12) (12) Monitoring requirements for PALs.

NR 405.18(12)(a) (a)

NR 405.18(12)(a)1. 1. Each PAL permit shall contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL regulated air contaminant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit shall be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by any authorized system shall meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit.

NR 405.18(12)(a)2. 2. Except as provided for in subd. 3., the PAL monitoring system shall employ one or more of the 4 general monitoring approaches meeting the minimum requirements in par. (b) and shall be approved by the department.

NR 405.18(12)(a)3. 3. Notwithstanding subd. 2., the owner or operator may employ an alternative monitoring approach that meets subd. 1. if approved by the department.

NR 405.18(12)(a)4. 4. Failure to use a monitoring system that meets the requirements of this subsection renders the PAL invalid.

NR 405.18(12)(b) (b) The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in pars. (c) to (i):

NR 405.18(12)(b)1. 1. Mass balance calculations for activities using coatings or solvents.

NR 405.18(12)(b)2. 2. CEMS.

NR 405.18(12)(b)3. 3. CPMS or PEMS.

NR 405.18(12)(b)4. 4. Emission factors.

NR 405.18(12)(c) (c) An owner or operator using mass balance calculations to monitor PAL regulated air contaminant emissions from activities using coating or solvents shall do all of the following:

NR 405.18(12)(c)1. 1. Provide a demonstrated means of validating the published content of the PAL regulated air contaminant that is contained in or created by all materials used in or at the emissions unit.

NR 405.18(12)(c)2. 2. Assume that the emissions unit emits all of the PAL regulated air contaminant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process.

NR 405.18(12)(c)3. 3. Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from the material, use the highest value of the range to calculate the PAL regulated air contaminant emissions unless the department determines there is site-specific data or a site-specific monitoring program to support another content within the range.

NR 405.18(12)(d) (d) An owner or operator using CEMS to monitor PAL regulated air contaminant emissions shall ensure that the CEMS does both of the following:

NR 405.18(12)(d)1. 1. Complies with applicable performance specifications found in 40 CFR part 60, appendix B incorporated by reference in s. NR 484.04 (21).

NR 405.18(12)(d)2. 2. Samples, analyzes and records data at least every 15 minutes while the emissions unit is operating.

NR 405.18(12)(e) (e) An owner or operator using CPMS or PEMS to monitor PAL regulated air contaminant emissions shall ensure that the CPMS or PEMS does both of the following:

NR 405.18(12)(e)1. 1. Is based on current site-specific data demonstrating a correlation between the monitored parameters and the PAL regulated air contaminant emissions across the range of operation of the emissions unit.

NR 405.18(12)(e)2. 2. Samples, analyzes and records data at least every 15 minutes, or at another less frequent interval approved by the department, while the emissions unit is operating.

NR 405.18(12)(f) (f) An owner or operator using emission factors to monitor PAL regulated air contaminant emissions shall do all of the following:

NR 405.18(12)(f)1. 1. Adjust all emission factors, if appropriate, to account for the degree of uncertainty or limitations in the factors’ development.

NR 405.18(12)(f)2. 2. Operate the emissions unit within the designated range of use for the emission factor, if applicable.

NR 405.18(12)(f)3. 3. If technically practicable, for a significant emissions unit that relies on an emission factor to calculate PAL regulated air contaminant emissions, conduct validation testing to determine a site-specific emission factor within 6 months of PAL permit issuance, unless the department determines that testing is not required.

NR 405.18(12)(g) (g) A source owner or operator shall record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during the periods is specified in the PAL permit.

NR 405.18(12)(h) (h) Notwithstanding the requirements in pars. (c) to (g), where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameters and the PAL regulated air contaminant emissions rate at all operating points of the emissions unit, the department shall, at the time of permit issuance do one of the following:

NR 405.18(12)(h)1. 1. Establish default values for determining compliance with the PAL based on the highest potential emissions reasonably estimated at the operating points.

NR 405.18(12)(h)2. 2. Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameters and the PAL regulated air contaminant emissions is a violation of the PAL.

NR 405.18(12)(i) (i) All data used to establish the PAL regulated air contaminant shall be re-validated through performance testing or other scientifically valid means approved by the department. The testing shall occur at least once every 5 years after the issuance of the PAL.

NR 405.18(13) (13) Recordkeeping requirements.

NR 405.18(13)(a) (a) The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of the PAL permit, including a determination of each emissions unit’s 12-month rolling total emissions, for 5 years from the date of the record.

NR 405.18(13)(b) (b) The PAL permit shall require an owner or operator to retain a copy of the following records, for the duration of the PAL effective period plus 5 years:

NR 405.18(13)(b)1. 1. A copy of the PAL permit application and any applications for revisions to the PAL.

NR 405.18(13)(b)2. 2. Each annual certification of compliance pursuant to s. NR 439.03 (8) and the data relied on in certifying the compliance.

NR 405.18(14) (14) Reporting and notification requirements. The owner or operator shall submit the following reports and information to the department:

NR 405.18(14)(a) (a) Semi-annual report. The semi-annual report shall be submitted to the department within 30 days of the end of each reporting period. This report shall contain all of the following information:

NR 405.18(14)(a)1. 1. The name of the owner and operator and the permit number.

NR 405.18(14)(a)2. 2. Total annual emissions, in tons/year, based on a 12-month rolling total for each month in the reporting period recorded pursuant to sub. (13) (a).

NR 405.18(14)(a)3. 3. All data relied upon, including any quality assurance or quality control data, in calculating the monthly and annual PAL regulated air contaminant emissions.

NR 405.18(14)(a)4. 4. A list of any emissions units modified or added to the major stationary source during the preceding 6-month period.

NR 405.18(14)(a)5. 5. The number, duration and cause of any deviations or monitoring malfunctions other than the time associated with zero and span calibration checks, and any corrective action taken.

NR 405.18(14)(a)6. 6. A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the air contaminant or the number determined by method included in the permit, as provided by sub. (12) (g).

NR 405.18(14)(a)7. 7. A signed statement by the responsible official certifying the truth, accuracy and completeness of the information provided in the report.

NR 405.18(14)(b) (b) Deviation report. A report shall be submitted for any deviation from, or exceedance of, the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to s. NR 439.03 shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits in s. NR 439.03. The reports shall contain all of the following information:

NR 405.18(14)(b)1. 1. The name of the owner and operator and the permit number.

NR 405.18(14)(b)2. 2. The PAL permit requirement that was deviated from or that was exceeded.

NR 405.18(14)(b)3. 3. Emissions resulting from the deviation or the exceedance.

NR 405.18(14)(b)4. 4. A signed statement by the responsible official certifying the truth, accuracy and completeness of the information provided in the report.

NR 405.18(14)(c) (c) Re-validation results. The results of any re-validation test or method shall be submitted within 3 months after completion of the test or method.

NR 405.18(15) (15) Transition requirements. The department may not issue a PAL permit that does not comply with the requirements of this section after July 1, 2007.

NR 405.18 History History: CR 03-118: cr. Register June 2007 No. 618, eff. 7-1-07; CR 07-104: am. (6) (e) Register July 2008 No. 631, eff. 8-1-08.

NR 405.19 NR 405.19 Forest County Potawatomi Class I area.

NR 405.19(1) (1) For any new major source or major modification of an existing source, the Forest County Potawatomi Community shall have the opportunity to present to the department, within no more than 75 days of receipt of a complete permit application by the department, a demonstration that the emissions from the proposed new major source or major modification would have an adverse impact on the established air quality related values of the FCPC Class I area.

NR 405.19(2) (2) New major sources or major modifications of existing sources wholly or partially locating or located within a radius of 22.25 miles from the geographic center of the FCPC Class I area, as identified in s. NR 400.02 (66m), are subject to an increment analysis and limited to the maximum allowable increase levels of a Class I area.

NR 405.19(3) (3) New major sources or major modifications of existing sources locating or located wholly outside the area defined in sub. (2) are subject to an increment analysis and maximum allowable increase levels of a Class II area.

NR 405.19 Note Note: The relationship between the State of Wisconsin and the Forest County Potawatomi Community with regard to the FCPC Class I area is established in a 1999 Class I Final Agreement. The geographic center of the FCPC Class I area was determined by finding the center of a rectangle placed around the outer most portions of the Class I area. The 22.25-mile radius was determined by adding 10 miles to the distance of the outermost portion of the FCPC Class I area from the geographic center of the FCPC Class I area. A map developed by the Department and the Forest County Potawatomi Community shows the approximate 22.25-mile radius for the FCPC Class I area. The Final Agreement, map, and information on established air quality related values for the Class I area are available from the Department upon request, or may be found on the Department’s web site.

NR 405.19 History History: CR 10-048: cr. Register November 2010 No. 659, eff. 12-1-10.