NR 440.14(11)(11) The installation, operation, cessation or removal of a temporary clean coal technology demonstration project is exempt from the requirements of this section. A temporary clean coal control technology demonstration project for the purposes of this section is 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 for the state in which the project is located and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. NR 440.14(12)(12) The reactivation of a very clean coal fired electric utility steam generating unit is exempt from the requirements of this section. NR 440.14 HistoryHistory: Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. (1), (2) (a), (5) (d), cr. (8) to (12), Register, December, 1995, No. 480, eff. 1-1-96; CR 06-109: cr. (2) (intro.), am. (2) (a) Register May 2008 No. 629, eff. 6-1-08. NR 440.15(1)(1) An existing facility, upon reconstruction, becomes an affected facility, irrespective of any change in emission rate. NR 440.15(2)(2) “Reconstruction” means the replacement of components of an existing facility to such an extent that: NR 440.15(2)(a)(a) The fixed capital cost of the new components exceeds 50% of the fixed capital cost that would be required to construct a comparable entirely new facility, and NR 440.15(2)(b)(b) It is technologically and economically feasible to meet the applicable standards set forth in this chapter. NR 440.15(3)(3) “Fixed capital cost” means the capital needed to provide all the depreciable components. NR 440.15(4)(4) If an owner or operator of an existing facility proposes to replace components, and the fixed capital cost of the new components exceeds 50% of the fixed capital cost that would be required to construct a comparable entirely new facility, the owner or operator shall notify the department of the proposed replacements. The notice shall be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and shall include the following information: NR 440.15(4)(c)(c) A brief description of the existing facility and the components which are to be replaced. NR 440.15(4)(d)(d) A description of the existing air pollution control equipment and the proposed air pollution control equipment. NR 440.15(4)(e)(e) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new facility. NR 440.15(4)(f)(f) The estimated life of the existing facility after the replacements. NR 440.15(4)(g)(g) A discussion of any economic or technical limitations the facility may have in complying with the applicable standards of performance after the proposed replacements. NR 440.15(5)(5) The department shall determine, within 30 days of the receipt of the notice required by sub. (4) and any additional information it may reasonably require, whether the proposed replacement constitutes reconstruction. NR 440.15(6)(6) The department’s determination under sub. (5) shall be based on: NR 440.15(6)(a)(a) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new facility; NR 440.15(6)(b)(b) The estimated life of the facility after the replacements compared to the life of a comparable entirely new facility; NR 440.15(6)(c)(c) The extent to which the components being replaced cause or contribute to the emissions from the facility; and NR 440.15(6)(d)(d) Any economic or technical limitations on compliance with applicable standards of performance which are inherent in the proposed replacements. NR 440.15(7)(7) Individual sections of this chapter may include specific provisions which refine and delimit the concept of reconstruction set forth in this section. NR 440.15 HistoryHistory: Cr. Register, January, 1984, No. 337, eff. 2-1-84. NR 440.17NR 440.17 Incorporation by reference of code of federal regulations provisions and other materials. NR 440.17(1)(1) Appendices. Appendices A, B, C, F and I of 40 CFR part 60, Appendix B of 40 CFR part 61 and Appendices A, B, D, E and F of 40 CFR part 75, as in effect on June 1, 2008, are incorporated by reference and made a part of this chapter. Copies of these Appendices are available for inspection in the offices of the department of natural resources and legislative reference bureau, Madison, Wisconsin, or may be purchased for personal use from the superintendent of documents, U.S. government printing office, Washington DC 20402.