NR 406.04(2m)(b)(b) The construction, reconstruction, replacement, relocation or modification will not result in the source violating any term or condition of the general operation permit or the registration operation permit. NR 406.04 NoteNote: Some general operation permits issued prior to September 1, 2005 may have required a construction permit even if the change at the source would not violate any term or condition of the permit. Those sources are now exempt from the requirement to obtain a construction permit if the change at the source will not violate any term or condition of the general operation permit.
NR 406.04(2m)(c)(c) The construction, reconstruction, replacement, relocation or modification does not require a permit under ch. NR 405 or 408. NR 406.04 NoteNote: This exemption applies to new or modified facilities if they are covered under a general or registration operation permit.
NR 406.04(3)(a)(a) For the purpose of determining emissions under sub. (2) (f), the owner or operator of a source may rely on information on an approved material safety data sheet if the approved material safety data sheet lists a hazardous air contaminant listed in Table A, B or C of s. NR 445.07 and for any hazardous air contaminant with a standard expressed as an ambient air concentration in column (g) of Table A or B of s. NR 445.07 constitutes 1% (10,000 parts per million) or more of the material or for any hazardous air contaminant with a standard expressed as a control requirement in column (i) of Table A, B or C of s. NR 445.07 constitutes 0.1% (1,000 parts per million) or more of the material. If an approved material safety data sheet for a material does not list a hazardous air contaminant in Table A, B or C of s. NR 445.07 at or above the amounts listed in this paragraph, the material will be presumed not to result in emissions of a hazardous air contaminant unless a hazardous air contaminant is formed in processing of the material. NR 406.04(3)(b)(b) For the purpose of determining emissions under sub. (2) (f), the owner or operator of a source may rely upon mass balance, or other use, consumption and analytical methodologies for calculating potential emissions. However, the department may require that a stack test be conducted to affirm the accuracy of emission estimations. NR 406.04(3)(c)(c) For the purpose of determining emissions under sub. (2) (f), the owner or operator of a source is not required to consider indoor fugitive emissions in calculating emissions of any substance with a standard expressed as an ambient air concentration in Table A, B or C of s. NR 445.07. NR 406.04(3)(d)(d) For the purpose of determining emissions under sub. (2) (f), the owner or operator of a source is not required to consider emissions resulting directly from naturally occurring constituents in windblown soil. NR 406.04(3)(e)(e) For the purposes of determining emissions under sub. (2) (f), the owner or operator of a source is not required to consider emissions of hazardous air contaminants associated with agricultural waste. NR 406.04 NoteNote: Par. (e) is shown as affected by 2011 Wis. Act 122. On May 24, 2011, the Joint Committee for the Review of Administrative Rules (JCRAR) adopted a motion under s. 227.26 (2) (d), Stats., that suspended s. NR 406.04 (3) (e) in part as shown below. Pursuant to s. 227.26 (2) (f), Stats., JCRAR introduced 2011 Assembly Bill 195 and 2011 Senate Bill 138, in support of the JCRAR suspension. 2011 Senate Bill 138 was enacted, effective March 22, 2012, resulting in the repeal of the rules as suspended by the May 24, 2011 JCRAR motion, as provided in s. 227.26 (2) (i), Stats., and creating s. 285.28, Stats., as set forth below. NR 406.04 NoteNR 406.04 (3) (e) For the purposes of determining emissions under sub. (2) (f), the owner or operator of a source is not required to consider emissions of hazardous air contaminants associated with agricultural waste prior to July 31, 2011.
NR 406.04 Note285.28 Agricultural waste; hazardous air contaminants. The department may not regulate the emission of hazardous air contaminants associated with agricultural waste except to the extent required by federal law.
NR 406.04(4)(4) Exclusions from modification. None of the following changes at a stationary source constitutes a modification: NR 406.04(4)(a)(a) Use of alternate fuel or raw material. Use of an alternate fuel or raw material which the source is designed to burn or use if: NR 406.04(4)(a)2.2. The use will not cause or exacerbate the violation of an ambient air quality standard or an ambient air increment. NR 406.04(4)(a)3.3. The use is not prohibited by any permit, plan approval or special order applicable to the source. NR 406.04(4)(a)5.5. The use will not subject the source to an emission limitation or emission standard under section 112 of the Act (42 USC 7412), excluding section 112 (d) (5) or (r) (42 USC 7412 (d) (5) or (r)) and excluding engines certified to meet the emission standards in 40 CFR part 60, subpart IIII or JJJJ for each fuel used. NR 406.04(4)(b)(b) RACT compliance. A change to a permit condition needed to assure compliance with a new or revised RACT rule, a change at a source which is made primarily for the purpose of complying with the requirements of a RACT compliance plan approved under chs. NR 419 to 425, or a VOC RACT variance approved under s. NR 436.05, if the change does not cause or exacerbate the violation of an ambient air quality standard or ambient air increment for any air contaminant other than ozone. NR 406.04(4)(c)1.1. The resumption of operation of a source after a period of closure if the existing equipment was continuously included in the department’s emissions inventory as an existing source covered by plans submitted under s. 285.11 (6), Stats. NR 406.04(4)(c)2.2. The resumption of operation of a source after a period of closure if the source was never included and never required to be included in the emissions inventory as an existing source covered by plans submitted under s. 285.11 (6), Stats., and the resumption of operation of the source will not cause or exacerbate the violation of an ambient air quality standard or an ambient air increment, will not result in the emission of a new air contaminant and is not prohibited by any permit, plan approval or special order applicable to the source. NR 406.04(4)(d)(d) Increase in production rate. An increase in production rate if: NR 406.04(4)(d)1.1. The increased production rate does not exceed the design capacity of the source. NR 406.04(4)(d)2.2. The production rate increase does not require any change to existing equipment. NR 406.04(4)(d)3.3. The increase is not prohibited by any permit, plan approval or special order applicable to the source. NR 406.04(4)(d)4.4. The increase will not cause or exacerbate the violation of an ambient air quality standard or ambient air increment or violate an emission limit. NR 406.04(4)(e)(e) Increase in hours of operation. An increase in hours of operation if: NR 406.04(4)(e)1.1. The increase is not prohibited by any permit, plan approval or special order applicable to the source. NR 406.04(4)(e)2.2. The increase will not cause or exacerbate the violation of an ambient air quality standard or ambient air increment or violate an emission limit. NR 406.04(4)(e)3.3. The change is not subject to an emission limitation or emission standard under section 111 or 112 of the Act (42 USC 7411 or 7412), excluding section 112 (d) (5) or (r) (42 USC 7412 (d) (5) or (r)). NR 406.04(4)(g)(g) Routine maintenance or repair. The routine maintenance or repair of a source. NR 406.04(4)(h)(h) Change to process lines emitting VOCs. A change in a method of operation of a process line subject to s. NR 424.03 (2) (c) that meets all of the following criteria: NR 406.04(4)(h)1.1. The change does not result in annual potential VOC emissions from the process line which exceed the currently allowed annual potential VOC emissions based on conditions established under s. NR 424.03 (2) (c). NR 406.04 NoteNote: The permittee shall continue to comply with the conditions established under s. NR 424.03 (2) (c) in its construction or operation permit until the permit is revised. NR 406.04(4)(i)(i) Change to use a clean fuel. A change to an external combustion furnace to allow for the combustion of a clean fuel that meets all of the following requirements: NR 406.04(4)(i)1.1. The external combustion furnace has a maximum heat input capacity of no greater than 10 mmBtu/hour if the ability to combust distillate oil is being added and 25 mmBtu/hour if the ability to combust natural gas or propane is being added. NR 406.04(4)(i)2.2. The use of the new fuel does not cause or exacerbate the exceedance of any ambient air quality standard or increment in ch. NR 404. NR 406.04(4)(j)(j) Other changes. A change where all of the following conditions are met: NR 406.04(4)(j)1.1. The change is not prohibited by any permit, plan approval or special order applicable to the source. NR 406.04(5)(a)(a) In addition to the approved relocated sources which are exempt from the need for an additional permit under s. 285.60 (5), Stats., and the relocation of an emissions unit within the contiguous property of an attainment area major source, no construction permit is required for the relocation of an emissions unit within the contiguous property of a minor source or a nonattainment area major source if all of the following conditions are met: NR 406.04(5)(a)1.1. The relocation of the emissions unit is not prohibited by any permit, plan approval or special order applicable to the source. NR 406.04(5)(a)4.4. The emissions unit’s stack height or stack gas exit velocity or temperature will not be decreased. NR 406.04(5)(b)(b) If the criteria in par. (a) 1., 2. and 3. are met but the emissions unit’s stack height or stack gas exit velocity or temperature will be decreased, no construction permit is required for the relocation of the emissions unit if the allowable emissions from the source will not cause or exacerbate the violation of an ambient air quality standard or ambient air increment. NR 406.04(6)(6) Exempt replacements. No construction permit is required for the replacement of a source if all of the following conditions are met: NR 406.04(6)(a)(a) The replacement is for only a portion of a basic emissions unit. NR 406.04(6)(b)(b) Such replacement is not prohibited by any permit, plan approval or special order applicable to the source. NR 406.04(6)(c)(c) The essential components of the basic emissions unit are not replaced through several partial replacements within a 12-month period. NR 406.04(7)(7) Conditions for specific exemptions. To be eligible for a specific exemption under sub. (1) (a) 5., (ce), (cm), (d), (e), (g), (gm), (h), (j), (m), (o), (w), (y) or (z), the owner or operator of a direct stationary source shall keep and maintain records, for a minimum of 5 years, of materials used, emissions, or production rates, that are adequate to demonstrate that the source qualifies for the exemption. Any direct stationary source that ever exceeds any level listed in sub. (1) (a) 5., (ce), (cm), (d), (e), (g), (gm), (h), (j), (m), (o), (w), (y) or (z) is not thereafter eligible for the exemption under that subsection. NR 406.04 HistoryHistory: Cr. Register, March, 1972, No. 195, eff. 4-1-72; r. and recr. Register, June, 1975, No. 234, eff. 7-1-75; am. 1), renum. 2) and (3) to be (3) and (4) and am., cr. (2), Register, April, 1977, No. 256, eff. 5-1-77; r. and recr. Register, April, 1983, No. 328, eff. 5-1-83; reprinted to correct error in (2) (a) 8., Register, July, 1983, No. 331; renum. from NR 154.04 (2) to (6), Register, September, 1986, No. 369, eff. 10-1-86; am. (1) (intro.), (e) and (f), (2) (intro.) and (g), (4) (a) (intro.), r. (1) (m) to (o), renum. (3) (intro.), (a) to (c), (7) (a) to (c) to be (4) (intro.), (e) 1. to 3., NR 406.07 (1) and (2) and NR 406.04 (7) and am. (4) (intro.), (e) 3., NR 406.07 and NR 406.04 (7), cr. (4) (e) (intro.), Register, April, 1988, No. 388, eff. 5-1-88; r. (2) (e) and (4) (d), renum. (2) (d), (f), (g) and (4) (e) to be (2) (e), (g), (h) and (4) (d) and am. (2) (g), cr. (2) (d), (f), (3) and (4) (a) 4., am. (4) (a) 2. and 3., Register, September, 1988, No. 393, eff. 10-1-88; cr. (2) (cm), Register, December, 1988, No. 396, eff. 1-1-89; cr. (1) (m), am. (1) (a) 1. to 3., (g), (h), and (j), (2) (b), (c), (cm), (d), (e) 1. and 5., (f) 1. to 3. and (g), (7) (a), (b) and (c) 1. and 5., Register, August, 1991, No. 428, eff. 9-1-91; cr. (1) (n), Register, October, 1991, No. 430, eff. 11-1-91; correction in (1) (a) and (b), (4) (d) 2. made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1991, No. 430; correction in (1) (a) and (n) made under s. 13.93 (2m) (b) 1. and 7., Stats., Register, May, 1992, No. 437; emerg. am. (1) (intro.), (a) (intro.) and 5., (b), (c), (e), (g), (h), (j) and (l), (2), (4) (intro.) to (c), (5) and (6) (intro.), cr. (1) (lm), (4) (e) to (g), r. and recr. (4) (d), r. (7), eff. 11-15-92; am. (1) (intro.), (a) (intro.) and 5., (b), (c), (e), (g), (h), (j) and (l), (2), (4) (intro.) to (c), (5) (a) (intro.), (b) and (6) (intro.), r. (1) (d) and (7), cr. (2) (i), (4) (a) 5. and 6., (e) to (g), r. and recr. (4) (d), Register, May, 1993, No. 449, eff. 6-1-93; corrections made under s. 13.93 (2m) (b) 12., Stats., Register, May, 1993, No. 449; cr. (1) (d), (o) to (w), am. (1) (e) and (f), Register, December, 1993, No. 456, eff. 1-1-94; cr. (1) (x) to (zb), Register, June, 1994, No. 462, eff. 7-1-94; am. (1) (m) (intro.) to 3., r. (1) (m) 5., renum. (1) (m) 6. to 10. to be 5. to 9. and am. 7. and 9., Register, September, 1994, No. 465, eff. 10-1-94; am. (2) (f) 3., (3) (a), cr. (2) (f) 3m., Register, December, 1994, No. 468, eff. 1-1-95; am. (1) (n) 2. c., Register, February, 1995, No. 470, eff. 3-1-95; am. (1) (a) 5., re. and recr. (1) (r), Register, June, 1995, No. 474, eff. 7-1-95; am. (1) (m) (intro.), Register, August, 1995, No. 476, eff. 9-1-95; am. (1) (intro.), (g), (h), (j), (2) (intro.), (c), (f) 3m., (h), (i) and (4) (a) 6., cr. (7), Register, December, 1995, No. 480, eff. 1-1-96; am. (1) (g), (i) 1. (intro.) (m) 9., (n) (intro.), 2., (2) (i), (3) (c), (4) (a) 4., 5., 6., (5) (a) (intro.), (6) (intro.), Register, December, 1996, No. 492, eff. 1-1-97; am. (1) (o) and (p) and cr. (1) (om) and (pm), Register, March, 1997, No. 495, eff. 4-1-97; cr. (1) (rm), Register, September, 1997, No. 501, eff. 10-1-97; am. (1) (c) and (7), cr. (1) (ce), (cm), (i) 1. c., (zc) and (zg); r. (2) (g), Register, December, 1997, No. 504, eff. 1-1-98; cr. (intro.) and (4) (h); am. (1) (intro.), (a) (intro.), 2., 5., (g), (h) and (j); renum. (1) (i) 1. (intro.) and a. to c. to be (1) (i) (intro.) and 1. to 3.; renum. and am. (1) (i) 2. to be (1) (i) 4. and (2) (i) to be (2) (h); r. (2) (e) and (h) and r. and recr. (4) (intro.), Register, October, 1999, No. 526, eff. 11-1-99; cr. (1) (gm), am. (7), Register, January, 2001, No. 541, eff. 2-1-01; correction in (7) made under s. 13.93 (2m) (b) 7., Stats., Register June 2004 No. 582; CR 02-097: am. (2) (f) 1., (3) (a) and (c), cr. (3) (e), r. and recr. (2) (f) 2. and 3., r. (2) (f) 3m. and (4) (a) 4., renum. (4) (a) 5. and 6. to be 4. and 5. and am. 4., Register June 2004 No. 582, eff. 7-1-04; CR 01-081: am (intro.) Register September 2004 No. 585, eff. 10-1-04; CR 04-107: r. (1) (c), am. (1) (ce), (cm) and (m) (intro.), cr. (2m) Register August 2005 No. 596, eff. 9-1-05; CR 06-047: cr. (1) (zh), (1q), (4) (h) and (i), renum. (4) (h) to be (4) (j), Register May 2007 No. 617, eff. 6-1-07; corrections in (1) (a) and (b) made under s. 13.93 (2m) (b) 7., Stats., Register May 2007 No. 617; CR 06-019: cr. (1f) and (1k) Register June 2007 No. 618, eff. 7-1-07; CR 07-040: am. (2m) (b), cr. (2m) (b) (note) Register April 2008 No. 628, eff. 5-1-08; CR 07-076: am. (3) (e) Register July 2008 No. 631, eff. 8-1-08; CR 07-036: am. (intro.) Register November 2008 No. 635, eff. 12-1-08; CR 04-023: cr. (1) (zi) Register December 2008 No. 636, eff. 1-1-09; CR 09-020: am. (1f) (b), (1k) (b), (1q) (intro.), (g), (2) (h), (4) (a) 5., (h) 2., (i) 3., (j) 3. Register January 2010 No. 649, eff. 2-1-10; CR 10-050: am (1) (n) (intro.), 1., 2. (intro.), cr. (2) (cs) Register November 2010 No. 659, eff. 12-1-10; 2011 Wis. Act 122: r. in part (3) (e) eff. 3-22-12; CR 15-005: renum. (1) (w) to (1) (w) (intro.) and am., cr. (1) (w) 1., 2. Register November 2015 No. 719, eff. 12-1-15; CR 19-015: cr. (1) (a) 4m., (bm), am. (1) (i) (intro.), 2., 3., renum. (1) (i) 4. to (1) (i) 4. (intro.), a., b., c., and am. (intro.), am. (1) (m) (intro.), (zg) 1., r. (1f) (c), cr. (1f) (f), am. (1k) (intro.), (1q) (f), (g), (2) (h), (4) (a) 5., (b), cr. (4) (e) 3., am. (4) (h) 2., (j) 2., (7) Register September 2020 No. 777, eff. 10-1-20. NR 406.07NR 406.07 Scope of permit exemption. NR 406.07(1)(1) Exemption or the granting of an exemption under this chapter from the requirement to obtain a permit does not relieve any person from compliance with the emission limitations of chs. NR 400 to 499, the air quality requirements of ch. NR 404, the reporting requirements of ch. NR 438, or with any other provision of law. NR 406.07(2)(2) If a source undergoes a modification which is exempt from the requirement to obtain a construction permit under s. NR 406.04 (4), it will not be treated as a modified source for purposes of the emission limitations under chs. NR 400 to 499. NR 406.07(3)(3) A source that undergoes a modification which is exempt from the requirement to obtain a construction permit under s. NR 406.04 (1f) or (1k) shall be treated as a new or modified source for the purposes of the emission limitations under chs. NR 400 to 499 unless the modification is excluded from being considered a modification under s. NR 406.04 (4). NR 406.07 HistoryHistory: Renum. from NR 406.04 (7) (a) and (b), Register, April, 1988, No. 388, eff. 5-1-88; am. (2), Register, September, 1988, No. 393, eff. 10-1-88; emerg. am. (2), eff. 11-15-92; am., Register, May, 1993, No. 449, eff. 6-1-93; CR 06-019: cr. (3) Register June 2007 No. 618, eff. 7-1-07. NR 406.075NR 406.075 Federally enforceable requirements. NR 406.075(1)(1) Except as provided in sub. (2), all terms and conditions in a construction permit, including any provisions designed to limit a stationary source’s potential to emit, are federally enforceable by the administrator under section 113 of the Act (42 USC 7413). NR 406.075(2)(2) Notwithstanding sub. (1), the department shall specifically designate as not federally enforceable any terms and conditions included in the permit that are not required under the Act, under any of the federal regulations implementing the Act or under the state implementation plan. NR 406.075 HistoryHistory: CR 04-106: cr. Register November 2005 No. 599, eff. 12-1-05. NR 406.08NR 406.08 Action on permit applications. NR 406.08(1)(1) This section applies to actions on permits for which applications are received on or after August 1, 2015. This section does not apply to actions on applications for permits where the source commences construction, reconstruction, replacement, relocation, or modification prior to issuance of a construction permit. This section does not apply to construction permits which are subject to the notice, comment, and hearing provisions of s. 293.43, 295.45, or 295.57, Stats. NR 406.08(2)(a)(a) The department shall make a determination under s. 285.61 (8), Stats., on a permit application within 205 business days of receipt of a complete application for construction or modification of a major stationary source as defined in s. NR 405.02 (22) or a major source as defined in s. NR 408.02 (21), unless compliance with s. 1.11, Stats., requires a longer time. For a major source that is located in an attainment area, the department shall complete its responsibilities under s. 1.11, Stats., within one year. NR 406.08(2)(b)(b) The department shall make a determination under s. 285.61 (8), Stats., on a permit application within 145 business days of receipt of a complete application for construction or modification of any stationary source not described in par. (a), unless compliance with s. 1.11, Stats., requires a longer time. NR 406.08(3)(3) If the department does not make a determination within the applicable time period specified in sub. (2), the department may not impose an application fee for the permit under s. NR 410.03, and shall refund any application fee submitted with the application. NR 406.08(4)(a)(a) The Forest County Potawatomi Community shall have the opportunity to review best available control technology (BACT) or maximum achievable control technology (MACT) determinations made by the department for any new or modified source that is either of the following: NR 406.08(4)(a)1.1. 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). NR 406.08(4)(a)2.2. Wholly or partially locating or located within 62 miles of the FCPC Class I area, and has a modeled impact exceeding 1 microgram per cubic meter averaged over any 24-hour period for mercury or for any regulated pollutant that has an ambient air quality standard in s. NR 404.04. NR 406.08(4)(b)(b) Disagreements between the department and the Forest County Potawatomi Community regarding BACT or MACT determinations are subject to dispute resolution but the department shall act on a permit application according to time period requirements under ss. 285.61 and 285.62, Stats. NR 406.08 NoteNote: The geographic center of the FCPC Class I area, as identified in s. NR 400.02 (66m), 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. NR 406.08 NoteThe Department has determined that any source wholly located outside of a circle with a radius of 74.25 miles from the geographic center of the FCPC Class I area is not within 62 miles of the FCPC Class I area. The 74.25-mile radius was determined by adding 62 miles to the distance of the outermost portion of the FCPC Class I area from the geographic center of the FCPC Class I area. It is the Department’s intent that this circle be used as a screening tool for determining applicability of this subsection, and evidence that a source is wholly outside of this circle will be accepted as proof that the source is not within 62 miles of the FCPC Class I area.
NR 406.08 NoteThe 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. Dispute resolution follows a process agreed to by the Department and the Forest County Potawatomi Community pursuant to the Final Agreement.
NR 406.08 NoteThe Final Agreement and a map showing the approximate 22.25-mile and 74.25-mile radii are available from the Department upon request, or may be found on the Department’s web site.
NR 406.08 HistoryHistory: Cr. Register, September, 1986, No. 369, eff. 10-1-86; emerg. renum. from NR 408.025, eff. 11-15-92; renum. from NR 408.025, Register, May, 1993, No. 449, eff. 6-1-93; r. and recr., Register, August, 2000, No. 536, eff. 9-1-00; CR 10-048: cr. (4) Register November 2010 No. 659, eff. 12-1-10; CR 13-057: am. (1) Register July 2015 No. 715, eff. 8-1-15; CR 15-005: am. (1) Register November 2015 No. 719, eff. 12-1-15. NR 406.09NR 406.09 Air quality analysis. The air quality impact of a proposed stationary source will be determined at such locations where members of the public might reasonably be exposed for time periods consistent with the ambient air quality standards for the pollutants for which analysis is carried out. NR 406.09 HistoryHistory: Renum. from NR 154.05 (8) and am. Register, September, 1986, No. 369, eff. 10-1-86; emerg. renum. from NR 408.03, eff. 11-15-92; renum. from NR 408.03, Register, May, 1993, No. 449, eff. 6-1-93. NR 406.10NR 406.10 Violations. Any owner or operator who fails to construct a stationary source in accordance with the application as approved by the department; any owner or operator who fails to construct and operate a stationary source in accordance with conditions imposed by the department under s. 285.65, Stats.; any owner or operator who modifies a stationary source in violation of conditions imposed by the department under s. 285.65, Stats.; or any owner or operator who commences construction, reconstruction, replacement, relocation, or modification of a stationary source without applying for and receiving a permit as required under this chapter or ch. NR 405 or 408 shall be considered in violation of s. 285.60, Stats.
