Chapter NR 417

NR 417.07(5)(f) (f) The owner or operator of the source demonstrates that the ambient air quality impact of the emissions from the source while emitting at the proposed alternate emission limitation, when added to the background concentration of sulfur dioxide in the vicinity of the source, does not exceed 75% of the ambient air quality standards for sulfur dioxide. In calculating the 75% figure, sulfur dioxide emissions from sources which are regulated under ch. NR 440 may not be considered. The condition in this paragraph may be waived by the department if a public hearing is held on the proposed alternate emission limitation and the public comments on the proposed alternate emission limitation indicate that there is no significant opposition to waiving this condition.

NR 417.07(5)(g) (g) The projected annual emissions of sulfur dioxide from the source, resulting from the proposed alternate emission limitation, will not exceed the annual sulfur dioxide emissions from the source in calendar years 1979 to 1983, either in terms of the highest total tons of sulfur dioxide per calendar year or in terms of the highest annual average emission rate, as expressed in pounds of sulfur dioxide per million Btu for steam generating units or fuel burning equipment or in pounds of sulfur dioxide per ton of air dried unbleached pulp for process sources at a kraft mill or sulfite mill. This condition does not apply to a source which is authorized by statute to increase its annual emissions of sulfur dioxide, to fuel burning equipment which had the capability of firing residual fuel oil but which derived more than 50% of its annual heat input from natural gas for each calendar year from 1979 to 1983, or to fuel burning equipment which had the capability of firing coal but which derived more than 50% of its annual heat input from wood or wood waste for each calendar year from 1979 to 1983.

NR 417.07(5)(h) (h) The owner or operator of the source submits an application for and receives an elective operation permit or a modification to an operation permit for the source.

NR 417.07(6) (6) Compliance schedules.

NR 417.07(6)(a) (a) When a source is subject to the emission limitations of sub. (2), the owner or operator shall achieve final compliance with those emission limitations and so certify to the department on or before December 31, 1987.

NR 417.07(7) (7) Compliance demonstrations.

NR 417.07(7)(a) (a) For purposes of determining compliance with the emission limitations of sub. (2) or the alternate emission limitations of sub. (5), the owner or operator of the source shall use one or more of the following:

NR 417.07(7)(a)1. 1. Installation, calibration, maintenance and operation of a continuous emission monitor, utilizing equipment and procedures reviewed and approved by the department under s. NR 439.09.

NR 417.07(7)(a)2. 2. Collection and analysis of fuel used, utilizing equipment and procedures reviewed and approved by the department under s. NR 439.08.

NR 417.07(7)(a)3. 3. Emission testing, utilizing equipment and procedures reviewed and approved by the department under s. NR 439.07.

NR 417.07(7)(a)4. 4. Other appropriate methods reviewed and approved by the department.

NR 417.07(7)(b) (b) An owner or operator of a source subject to the emission limitations of sub. (2) or the alternate emission limitations of sub. (5), shall maintain complete records of emissions data and calculations used to verify emissions data at the premises of the source and shall make such records available for inspection upon request by authorized representatives of the department during regular business hours.

NR 417.07(8) (8) Variance from emission limits.

NR 417.07(8)(a) (a) The department may grant a source-specific variance from an emission limitation provided in sub. (2), an alternate emission limitation authorized under sub. (5) or a compliance schedule in sub. (6) if compliance with the emission limitations of subs. (2) and (5) or the compliance schedule of sub. (6) are shown to be technologically or economically infeasible. A variance may be granted, by setting alternate emission limitations or alternate compliance schedules, or both, provided that:

NR 417.07(8)(a)1. 1. The variance will not delay attainment or prevent maintenance of an ambient air quality standard for sulfur dioxide, as determined by methods acceptable to the department.

NR 417.07(8)(a)2. 2. The owner or operator of the source for which a variance is requested demonstrates that all direct or portable sources owned or operated in the state by such person are in compliance with all applicable requirements of chs. NR 400 to 499 or are on a schedule for complying with such requirements.

NR 417.07(8)(a)3. 3. The owner or operator submits to the department on or before December 31, 1985 a request for a source-specific variance which demonstrates, to the department’s satisfaction, that compliance with the applicable emission limitation or compliance schedule from which a variance is sought is technologically or economically infeasible.

NR 417.07(8)(b) (b) A request for a source-specific variance under this subsection shall be signed by the principal executive officer, sole proprietor, principal governmental executive or elected official or a duly authorized representative of the source and shall contain the following information:

NR 417.07(8)(b)1. 1. The specific conditions or special circumstances which make compliance with the applicable emission limitation or compliance schedule by the source technologically or economically infeasible.

NR 417.07(8)(b)2. 2. If a variance from an emission limitation is sought, the owner or operator shall submit proposed emission limitations.

NR 417.07(8)(b)3. 3. If a variance from a compliance schedule is sought, the owner or operator shall submit a proposed compliance schedule which demonstrates reasonable further progress toward final compliance and contains a date for final compliance as soon as practicable.

NR 417.07(8)(b)4. 4. Other relevant information as required by the department.

NR 417.07(8)(c) (c) The department, in acting upon any request for a variance under this subsection, shall:

NR 417.07(8)(c)1. 1. Act on a request for a variance within 65 business days of the filing of a completed request.

NR 417.07(8)(c)2. 2. Offer, through public notice, the opportunity for public comments including, if requested, a public hearing.

NR 417.07(8)(c)3. 3. State in writing the reasons for denying, or granting, or for granting in modified form, any request for a variance.

NR 417.07(8)(d) (d) The department may, after notice and opportunity for hearing, revoke or modify any variance for any of the following reasons:

NR 417.07(8)(d)1. 1. Any term or condition of the variance has been violated.

NR 417.07(8)(d)2. 2. Changes in ambient air quality indicate that the source has a significant adverse impact on the attainment or maintenance of any ambient air quality standard for sulfur dioxide.

NR 417.07(8)(d)3. 3. The owner or operator did not act in good faith in demonstrating the technological or economic infeasibility of compliance with the applicable emission limitation or compliance schedule or in submitting other relevant information in support of the variance request.

NR 417.07 History History: Renum. from NR 154.12 (11) and am. Register, September, 1986, No. 369, eff. 10-1-86; am. (1) (a), (2) (a) to (d), (g) 1. and 2., (3) (a), (b) and (e) 2., (5) (c), (d) and (f), Register, May, 1992, No. 437, eff. 6-1-92; renum. (6) (a) (intro.) to be (6), r. (6) (a) 1. to 5., (b) to (d) and (9), am. (7) (a) (intro.) and 1. to 3., Register, December, 1995, No. 480, eff. 1-1-96; am. (8) (d) (intro.), Register, December, 1996, No. 492, eff. 1-1-97; am. (5) (g), Register, October, 1999, No. 526, eff. 11-1-99.