NR 408.02(20)(e)5. 5. Use of an alternative fuel or raw material by a stationary source when one of the following applies:

NR 408.02(20)(e)5.a. a. The source was capable of accommodating before December 21, 1976, unless the change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976 pursuant to this chapter or ch. NR 405 or 406 or under an operation permit issued pursuant to ch. NR 407, or pursuant to a permit issued under 40 CFR Part 51 Appendix S, 40 CFR 52.21, or regulations approved pursuant to 40 CFR Part 51 subpart I.

NR 408.02(20)(e)5.b. b. The source is approved to use an alternative fuel or raw material under any permit issued under this chapter or ch. NR 405, 406, or 407, or pursuant to a permit issued under 40 CFR Part 51 Appendix S, 40 CFR 52.21, or regulations approved pursuant to 40 CFR Part 51 subpart I.

NR 408.02(20)(e)6. 6. An increase in the hours of operation or in the production rate, unless the change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976 pursuant to this chapter, ch. NR 405, or 406 or under operation permits issued pursuant to ch. NR 407, or pursuant to a permit issued under 40 CFR Part 51 Appendix S, 40 CFR 52.21, or regulations approved pursuant to 40 CFR Part 51 subpart I.

NR 408.02(20)(e)7. 7. Any change in ownership at a stationary source.

NR 408.02(20)(e)8. 8. The installation, operation, cessation of operation or removal of a temporary clean coal technology demonstration project, provided that the project complies with both of the following:

NR 408.02(20)(e)8.a. a. The state implementation plan.

NR 408.02(20)(e)8.b. b. Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.

NR 408.02(20)(f) (f) This definition does not apply with respect to a particular regulated NSR air contaminant when the major stationary source is complying with the requirements of s. NR 408.11 for a PAL for that air contaminant. Instead the definition in s. NR 408.11 (2) (e) shall apply.

NR 408.02(21) (21) “Major source” means the following:

NR 408.02(21)(a) (a)

NR 408.02(21)(a)1. 1. Any stationary source of air contaminants which emits or has the potential to emit 100 tons per year (tpy) or more of any air contaminant for which the area in which the source is located is nonattainment, except that lower emissions thresholds shall apply as follows to any stationary source for which a complete construction permit application was submitted or was required to be submitted after November 15, 1992:

NR 408.02(21)(a)1.a. a. 70 tpy of PM10, or where applicable, a PM10 precursor, in any serious nonattainment area for PM10.

NR 408.02(21)(a)1.b. b. 50 tpy of VOC in any serious nonattainment area for ozone.

NR 408.02(21)(a)1.c. c. 50 tpy of VOC in areas within ozone transport regions except for any severe or extreme nonattainment area for ozone.

NR 408.02(21)(a)1.d. d. 25 tpy of VOC in any severe nonattainment area for ozone.

NR 408.02(21)(a)1.e. e. 10 tpy of VOC in any extreme nonattainment area for ozone.

NR 408.02(21)(a)1.f. f. 50 tpy of carbon monoxide in any serious nonattainment area for carbon monoxide, where stationary sources contribute significantly to carbon monoxide levels in the area.

NR 408.02 Note Note: 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(21)(a)2. 2. Any stationary source of nitrogen oxides identified under par. (b).

NR 408.02(21)(a)3. 3. Any physical change that would occur at a stationary source not qualifying under subd. 1. or 2. as a major source, if the change would constitute a major source by itself.

NR 408.02(21)(b) (b) For the purposes of applying the requirements of s. NR 408.03 (5), a stationary source for which a complete construction permit application was submitted or was required to be submitted after November 15, 1992 is major for nitrogen oxides if it is located in any ozone nonattainment area or ozone transport region and it emits, or has the potential to emit, nitrogen oxides as follows:

NR 408.02(21)(b)1. 1. 100 tpy or more of nitrogen oxides in:

NR 408.02(21)(b)1.a. a. Any ozone nonattainment area classified as rural transport, marginal or moderate.

NR 408.02(21)(b)1.b. b. Any ozone nonattainment area classified as transitional, submarginal or an incomplete or no data area, that is located in any ozone transport region.

NR 408.02(21)(b)1.c. c. Areas classified under the Act as attainment or unclassifiable for ozone that are located in any ozone transport region.

NR 408.02(21)(b)2. 2. 50 tpy or more of nitrogen oxides in any serious nonattainment area for ozone.

NR 408.02(21)(b)3. 3. 25 tpy or more of nitrogen oxides in any severe nonattainment area for ozone.

NR 408.02(21)(b)4. 4. 10 tpy or more of nitrogen oxides in any extreme nonattainment area for ozone.