NR 405.02(22m)(b)1. 1. The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under section 107 (d) (1) (A) (ii) or (iii) of the Act (42 USC 7407(d)(1) (A)(ii) or (iii)) for the air contaminant on the date of its complete application under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166.

NR 405.02(22m)(b)2. 2. In the case of a major stationary source, the air contaminant would be emitted in significant amounts or, in the case of a major modification, there would be a significant net emissions increase of the air contaminant.

NR 405.02(23) (23) “Necessary preconstruction approvals or permits” means those permits or approvals required under chs. NR 400 to 499.

NR 405.02(24) (24) 

NR 405.02(24)(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 405.02(24)(a)1. 1. The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to the methods contained in s. NR 405.025.

NR 405.02(24)(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 405.02(24)(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 405.02(24)(b)1. 1. The date 5 years before construction on the particular change commences.

NR 405.02(24)(b)2. 2. The date that the increase from the particular change occurs.

NR 405.02(24)(c) (c) An increase or decrease in actual emissions is creditable only if all of the following are satisfied:

NR 405.02(24)(c)1. 1. It is contemporaneous with the particular change.

NR 405.02(24)(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.

NR 405.02(24)(d) (d) An increase or decrease in actual emissions of sulfur dioxide, nitrogen oxides or particulate matter measured as PM10 which occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.

NR 405.02(24)(e) (e) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

NR 405.02(24)(f) (f) A decrease in actual emissions is creditable only to the extent that all of the following are satisfied:

NR 405.02(24)(f)1. 1. The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions.

NR 405.02(24)(f)2. 2. It is enforceable as a practical matter at and after the time that actual construction on the particular change begins.

NR 405.02(24)(f)3. 3. It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

NR 405.02(24)(g) (g) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit an air contaminant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.

NR 405.02(24)(h) (h) Section NR 405.02 (1) (a) does not apply for determining creditable increases and decreases.

NR 405.02(24j) (24j) “Plant-wide applicability limitation” or “PAL” means an emission limitation expressed in tons per year, for a regulated NSR air contaminant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with s. NR 405.18.

NR 405.02(25) (25) “Potential to emit” means the maximum capacity of a stationary source to emit an air contaminant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit an air contaminant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.

NR 405.02(25b) (25b) “Predictive emissions monitoring system” or “PEMS” means all of the equipment necessary to monitor process and control device operational parameters and to calculate and record the mass emissions rate on a continuous basis.

NR 405.02 Note Note: Process and control device operational parameters include secondary voltages and electric currents, and other information, such as gas flow rate, O2 or CO2 concentrations.

NR 405.02(25d) (25d) “Prevention of significant deterioration program” or “PSD program” means a major source preconstruction permit program that has been approved by the administrator and incorporated into the state implementation plan to implement the requirements of 40 CFR 51.166. Any permit issued under a PSD program is a major NSR permit.

NR 405.02(25e) (25e) “Project” means a physical change in, or change in method of operation of, an existing major stationary source.

NR 405.02(25f) (25f) 

NR 405.02(25f)(a) (a) “Projected actual emissions” means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR air contaminant in any one of the 5 years following the date the unit resumes regular operation after the project. If the project involves increasing the emissions unit’s design capacity or the emissions unit’s potential to emit the regulated NSR air contaminant, and full utilization of the emissions unit’s capacity or potential would result in a significant net emissions increase, “projected actual emissions” means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR air contaminant in any one of the 10 years following the date the unit resumes regular operation after the project.