NR 408.02(16)(16) “Fugitive emissions” means those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening. NR 408.02(17)(17) “Indian governing body” means the governing body of any tribe, band or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self- government. NR 408.02(18)(18) “Indian tribe” means any Indian tribe, band, nation or other organized group or community, including any Alaskan native village, which is federally recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. NR 408.02(19)(19) “Lowest achievable emission rate” or “LAER” means, for any source, the more stringent rate of emissions based on the following: NR 408.02(19)(a)(a) The most stringent emissions limitation which is contained in the implementation plan of any state for the class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that the limitation is not achievable. NR 408.02(19)(b)(b) The most stringent emissions limitation which is achieved in practice by the class or category of stationary source. This limitation, when applied to a modification, means the lowest achievable emission rate for the new or modified emissions units within a stationary source. In no event may the application of the term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under a new source standard of performance which applies under ch. NR 440 or under 40 CFR part 60. NR 408.02(20)(20) “Major modification” means any physical change in, or change in the method of operation of a major stationary source that would result in a significant emissions increase of a regulated NSR air contaminant and a significant net emissions increase of that air contaminant from the major stationary source. NR 408.02(20)(a)(a) Any physical change in, or change in the method of operation of a major source of VOCs located in an extreme nonattainment area for ozone which results in any increase in emissions of VOCs from any discrete operation, emissions unit or other pollutant emitting activity at the source shall be considered a major modification for ozone. NR 408.02(20)(b)(b) Any significant emissions increase from any emissions units or net emissions increase at a major stationary source, that is considered significant for VOCs shall be considered significant for ozone. NR 408.02(20)(c)(c) For the purpose of applying the requirements of s. NR 408.03 (6) to major sources of nitrogen oxides located in ozone nonattainment areas or in ozone transport regions, any significant net emissions increase of nitrogen oxides is considered significant for ozone, in addition to any separate requirements for nitrogen oxides. NR 408.02(20)(d)(d) For the purposes of applying the requirements of s. NR 408.03 (4) to major sources of PM10 precursors, any significant net emissions increase of a PM10 precursor is considered significant for PM10. NR 408.02(20)(e)(e) A physical change or change in the method of operation does not include: NR 408.02(20)(e)2.2. Use of an alternative fuel or raw material by reason of any order under section 2 (a) and (b) of the Federal Energy Supply and Environmental Coordination Act of 1974 (15 USC 791 to 798) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act (16 USC 791a to 828c). NR 408.02(20)(e)4.4. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste. NR 408.02(20)(e)5.5. Use of an alternative fuel or raw material by a stationary source when one of the following applies: NR 408.02(20)(e)5.a.a. The source was capable of accommodating before December 21, 1976, unless the change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976 pursuant to this chapter or ch. NR 405 or 406 or under an operation permit issued pursuant to ch. NR 407, or pursuant to a permit issued under 40 CFR Part 51 Appendix S, 40 CFR 52.21, or regulations approved pursuant to 40 CFR Part 51 subpart I. NR 408.02(20)(e)6.6. An increase in the hours of operation or in the production rate, unless the change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976 pursuant to this chapter, ch. NR 405, or 406 or under operation permits issued pursuant to ch. NR 407, or pursuant to a permit issued under 40 CFR Part 51 Appendix S, 40 CFR 52.21, or regulations approved pursuant to 40 CFR Part 51 subpart I. NR 408.02(20)(e)8.8. The installation, operation, cessation of operation or removal of a temporary clean coal technology demonstration project, provided that the project complies with both of the following: NR 408.02(20)(e)8.b.b. Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. NR 408.02(20)(f)(f) This definition does not apply with respect to a particular regulated NSR air contaminant when the major stationary source is complying with the requirements of s. NR 408.11 for a PAL for that air contaminant. Instead the definition in s. NR 408.11 (2) (e) shall apply. NR 408.02(21)(a)1.1. Any stationary source of air contaminants which emits or has the potential to emit 100 tons per year (tpy) or more of any air contaminant for which the area in which the source is located is nonattainment, except that lower emissions thresholds shall apply as follows to any stationary source for which a complete construction permit application was submitted or was required to be submitted after November 15, 1992: NR 408.02(21)(a)1.a.a. 70 tpy of PM10, or where applicable, a PM10 precursor, in any serious nonattainment area for PM10. NR 408.02(21)(a)1.c.c. 50 tpy of VOC in areas within ozone transport regions except for any severe or extreme nonattainment area for ozone. NR 408.02(21)(a)1.f.f. 50 tpy of carbon monoxide in any serious nonattainment area for carbon monoxide, where stationary sources contribute significantly to carbon monoxide levels in the area. NR 408.02 NoteNote: 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.
NR 408.02(21)(a)3.3. Any physical change that would occur at a stationary source not qualifying under subd. 1. or 2. as a major source, if the change would constitute a major source by itself. NR 408.02(21)(b)(b) For the purposes of applying the requirements of s. NR 408.03 (5), a stationary source for which a complete construction permit application was submitted or was required to be submitted after November 15, 1992 is major for nitrogen oxides if it is located in any ozone nonattainment area or ozone transport region and it emits, or has the potential to emit, nitrogen oxides as follows: NR 408.02(21)(b)1.a.a. Any ozone nonattainment area classified as rural transport, marginal or moderate. NR 408.02(21)(b)1.b.b. Any ozone nonattainment area classified as transitional, submarginal or an incomplete or no data area, that is located in any ozone transport region. NR 408.02(21)(b)1.c.c. Areas classified under the Act as attainment or unclassifiable for ozone that are located in any ozone transport region. NR 408.02(21)(b)2.2. 50 tpy or more of nitrogen oxides in any serious nonattainment area for ozone. NR 408.02(21)(b)3.3. 25 tpy or more of nitrogen oxides in any severe nonattainment area for ozone. NR 408.02(21)(b)4.4. 10 tpy or more of nitrogen oxides in any extreme nonattainment area for ozone. NR 408.02(21)(c)(c) A stationary source that is major for VOC shall be considered major for ozone and subject to the requirements for ozone in this chapter. NR 408.02(21)(d)(d) For purposes of implementing the requirements of s. NR 408.03 (4), a stationary source that is major for any PM10 precursor shall be considered major for PM10. NR 408.02(21)(e)(e) The fugitive emissions of a stationary source may not be included in determining, for any of the purposes of this chapter, whether it is a major source unless the source belongs to one of the following categories of stationary sources: NR 408.02(21)(e)5.5. Chemical process plants. The chemical processing plants category does not include ethanol production facilities that produce ethanol by natural fermentation, as described by the 6-digit code of 312140 or 325193 in the North American Industry Classification System United States, 2007, incorporated by reference in s. NR 484.05 (17). NR 408.02(21)(e)7.7. Fossil fuel-fired boilers (or combination thereof) totaling more than 250 million Btu per hour heat input. NR 408.02(21)(e)8.8. Fossil fuel-fired electric plants of more than 250 million Btu per hour heat input. NR 408.02(21)(e)14.14. Municipal incinerators (or combinations thereof) capable of charging more than 50 tons of refuse per day. NR 408.02(21)(e)17.17. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels. NR 408.02(21)(f)(f) 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. NR 408.02(22)(22) “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. NR 408.02(23)(a)(a) “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: NR 408.02(23)(a)1.1. 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. NR 408.02(23)(a)2.2. 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. NR 408.02(23)(b)(b) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between the following: NR 408.02(23)(b)1.1. The date 5 years before construction on the particular change commences. NR 408.02(23)(c)(c) An increase or decrease in actual emissions is creditable only if all of the following are satisfied: NR 408.02(23)(c)2.2. 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.
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