NR 408.02(32)(b)(b) Notwithstanding the significant emission rate for carbon monoxide under par. (a), a net increase in carbon monoxide emissions resulting from any physical change in, or change in the method of operation of, a stationary source in a serious nonattainment area for carbon monoxide is significant if the increase exceeds 50 tpy, provided stationary sources contribute significantly to carbon monoxide levels in that 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(32)(c)(c) Notwithstanding the significant emissions rate for ozone under par. (a), a net increase in emissions of VOCs that would result from any physical change in, or change in the method of operation of, a stationary source for which a complete construction permit application was submitted or was required to be submitted after November 15, 1992 and which is located in a serious or severe nonattainment area for ozone is significant if the increase exceeds 25 tpy when aggregated with all creditable increases and decreases in emissions of that precursor from the source over any period of 5 consecutive years, which includes the calendar year in which the increase will occur.

NR 408.02(32)(d)(d) Notwithstanding the significant emissions rates for ozone under pars. (a) and (c), any increase in VOC emissions from any discrete operation, unit or other pollutant emitting activity at a major source of VOCs located in an extreme nonattainment area for ozone shall be considered significant.

NR 408.02(32)(e)(e) Notwithstanding the significant emission rates for PM10 under par. (a), a net increase in PM10 emission resulting from a physical change in, or a change in the method of operation of, a stationary source in a serious nonattainment area for PM10 is significant if the increase exceeds 10 tpy.

NR 408.02(32)(f)(f) For the purposes of applying the requirements of s. NR 408.03 (5) to major sources of nitrogen oxides for which a complete construction permit application was submitted or was required to be submitted after November 15, 1992 and which are located in ozone nonattainment areas or in ozone transport regions, the significant emission rates and other requirements for VOC in this subsection shall apply to nitrogen oxides emissions.

NR 408.02(33)(33) “Temporary clean coal technology demonstration project” means a clean coal technology demonstration project that is operated for a period of 5 years or less, and which complies with the state implementation plan and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.

NR 408.02 HistoryHistory: Cr. Register, May, 1993, No. 449, eff. 6-1-93; am. (21) (a) 1. intro., cr. (21) (f), Register, June, 1995, No. 474, eff. 7-1-95; am. (4), (5), (20) (e) 5. a. and b., (21) (intro.), Register, December, 1995, No. 480, eff. 1-1-96; am. (1)(b), (c), (4), (6), (8) (intro.), (20) (e) 2., 3., 8., 9. (intro.), (21) (b) 1. a., (e) 29., (23) (b) (intro.), 1., (24) (a), (b) 1., (25), (29), Register, December, 1996, No. 492, eff. 1-1-97; CR 01-081: am. (2) (a) and (4) Register September 2004 No. 585, eff. 10-1-04; CR 03-118: am. (1), (4), (5), (11), (13) and (21) (a) 1., cr. (2m), (11e), (11m), (11s), (13m), (24m), (25s), (28e), (28j), (28m), (28s), (29m) and (32m), r. and recr. (20) and (23), r. (27), Register June 2007 No. 618, eff. 7-1-07; CR 07-104: am. (13) (b) and (21) (e) 5., cr. (29s) Register July 2008 No. 631, eff. 8-1-08; CR 07-036: am. (2) (a) and (4) Register November 2008 No. 635, eff. 12-1-08; CR 10-050: cr. (32) (a) 5m. Register November 2010 No. 659, eff. 12-1-10; CR 13-070: am. (20) (e) 5. a., b., 6., renum. (29m) (c) to (c) (intro.) and am., cr. (29m) (c) 1. to 3., (d) Register July 2014 No. 703, eff. 8-1-14; CR 21-022: cr. (24) (c), am. (32) (a) 6. Register February 2022 No. 794, eff. 3-1-22.

NR 408.025(1)(1) For projects that only involve existing emissions units, any increase in actual emissions from a physical change or change in the method of operation at a stationary source shall equal the sum of the difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit involved in the project.

NR 408.025(2)(2) For projects that only involve construction of a new emissions unit or units, any increase in actual emissions from a physical change or change in the method of operation at a stationary source shall equal the sum of the differences between the potential to emit from each new emissions unit following completion of the project and the baseline actual emissions for each unit before the project.

NR 408.025(3)(3) For projects that involve existing and new emissions units, any increase in actual emissions from a physical change or change in the method of operation at a stationary source shall equal the sum of the emissions increases for each emissions unit involved in the project, using the method specified in sub. (1) for existing emissions units and the method in sub. (2) for new emissions units.

NR 408.025 HistoryHistory: CR 03-118: cr. Register June 2007 No. 618, eff. 7-1-07.

NR 408.03(1)(1) No person may begin actual construction of a major source or major modification to which the requirements of this chapter apply unless the person has a permit which states that the stationary source or modification will meet the requirements of ss. NR 408.04 to 408.10.

NR 408.03(2)(2) The requirements of ss. NR 408.04 to 408.10 shall apply only to any new major source or major modification that is major for the pollutant, or the precursor of the pollutant, as applicable, for which an area is designated as nonattainment, or as an ozone transport region, as of the date the permit is issued, if the stationary source or modification would be constructed anywhere in the designated nonattainment area or ozone transport region.

NR 408.03(3)(3) The requirements of ss. NR 408.04 to 408.10 shall apply with respect to any air contaminant for which an applicable source is major and in the case of a modification, would result in a significant net emissions increase for that pollutant.

NR 408.03(4)(4) The requirements of ss. NR 408.04 to 408.10 applicable to new major sources or major modifications of PM10 shall also apply to each PM10 precursor for which the source is a major source, except that the requirements do not apply where the administrator determines that the sources of PM10 precursors do not significantly contribute to PM10 levels which exceed the PM10 ambient standards.

NR 408.03(5)(5) The requirements of ss. NR 408.04 to 408.10 applicable for new major sources or major modifications of VOC shall apply to nitrogen oxides emissions from new major sources or major modifications of nitrogen oxides, except that the requirements do not apply if the administrator determines, when the administrator approves a plan, plan revision or petition under provisions of section 182 (f) of the Act (42 USC 7511a(f)), that the statutory requirements of section 182 (f) do not apply.

NR 408.03(6)(6) For any major modification which results in a significant net emissions increase of VOCs in a serious or severe nonattainment area for ozone, if the source’s potential to emit is less than 100 tpy of VOCs, the requirements of ss. NR 408.04 to 408.10 will not apply with respect to the VOCs if the owner or operator of the source elects to offset the increase in VOC emissions by a greater reduction in emissions of VOCs from other operations, units or activities within the source, at an internal offset ratio of at least 1.3 to 1.

NR 408.03(7)(7) Notwithstanding the requirements for offsets under s. NR 408.06, emission offsets for an increase in the emissions of VOCs will not be required for a major modification which results in a significant increase in VOC emissions in an extreme nonattainment area for ozone if the modification consists of the installation of equipment required to comply with the applicable implementation plan, permit or provision under the act.

NR 408.03(8)(8) The provisions of this chapter do not apply to a source or modification that would be a major source or major modification only if fugitive emissions to the extent quantifiable are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the source categories contained in s. NR 408.02 (21) (e).

NR 408.03(9)(9) For attainment or unclassifiable areas within an ozone transport region, the permitting requirements of both ch. NR 405 and this chapter shall apply and where requirements conflict or overlap, the more stringent requirements shall prevail.