NR 406.04(2m) (2m) Exemptions for sources with general operation and registration operation permits. Notwithstanding the provisions in s. NR 406.04 (1) and (2), no construction permit is required prior to commencing construction, reconstruction, replacement, relocation or modification of a stationary source if all the following criteria are met:

NR 406.04(2m)(a) (a) The source is covered under a general operation permit issued under s. NR 407.10 or a registration operation permit issued under s. NR 407.105.

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 Note Note: 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 Note Note: This exemption applies to new or modified facilities if they are covered under a general or registration operation permit.

NR 406.04(3) (3) Determination of hazardous emissions.

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 Note Note: 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 Note NR 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 Note 285.28 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)1. 1. The source has continuously had such design capability.

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)4. 4. The use will not result in a violation of any emission limit in chs. NR 405, 408, 409, 415 to 436 and 445.

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) (c) Resumption of operation.

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.