NR 408.02(26) (26) “PM10 precursor” means, for the purposes of implementing the requirements of s. NR 408.03 (4), sulfur dioxide, nitrogen oxides or volatile organic compounds.

NR 408.02(28) (28) “Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operation limitation on the capacity of the source to emit a pollutant shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable. Limitations which can be considered in the determination of potential to emit include the application of air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed. Secondary emissions may not be counted in determining a source’s potential to emit.

NR 408.02 Note Note: A permit limitation on emissions from any source, including a minor source which would otherwise be considered a major source, shall include adequate testing, monitoring and recordkeeping procedures in order to be considered a federally enforceable limitation.

NR 408.02(28e) (28e) “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 408.02 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 408.02(28j) (28j) “Prevention of significant deterioration permit” or “PSD permit” means a major source preconstruction permit issued under ch. NR 405.

NR 408.02(28m) (28m) “Project” means a physical change in, or change in method of operation of, an existing major stationary source.

NR 408.02(28s) (28s) 

NR 408.02(28s)(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.

NR 408.02(28s)(b) (b)

NR 408.02(28s)(b)1. 1. In determining the projected actual emissions before beginning actual construction, the owner or operator of the major stationary source shall do all of the following:

NR 408.02(28s)(b)1.a. a. Consider all relevant information, including historical operational data, the company’s own representations, the company’s expected business activity and the company’s highest projections of business activity, the company’s filings with the state or federal regulatory authorities and compliance plans under the approved state implementation plan.

NR 408.02(28s)(b)1.b. b. Include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns and malfunctions.

NR 408.02(28s)(b)2. 2. In determining the projected actual emissions before beginning actual construction, the owner or operator shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under sub. (2m) and that are also unrelated to the particular project, including any increased utilization due to product demand growth.

NR 408.02(28s)(c) (c) In lieu of using the method in par. (b), the owner or operator may elect to use the emissions unit’s potential to emit, in tons per year, as defined under sub. (28).

NR 408.02(29) (29) “Reasonable further progress” means annual incremental reductions in emissions of the relevant air pollutant required by part D of title I of the Act (42 USC 7501 to 7515) or may reasonably be required by the department or the administrator for the purpose of ensuring attainment of the applicable national ambient air quality standards in an area by the applicable statutory deadline.

NR 408.02(29m) (29m) “Regulated NSR air contaminant” means all of the following:

NR 408.02(29m)(a) (a) Nitrogen oxides or any volatile organic compounds.

NR 408.02(29m)(b) (b) Any air contaminant for which a national ambient air quality standard has been promulgated.

NR 408.02(29m)(c) (c) Any air contaminant that is identified under this paragraph as a precursor of a general air contaminant listed under par. (a) or (b), or that the EPA has determined to be a constituent or precursor of a general air contaminant listed under par. (a) or (b), provided that a constituent or precursor pollutant may only be regulated under this chapter as part of regulation of the general air contaminant. The precursors identified by the administrator are as follows:

NR 408.02(29m)(c)1. 1. Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas.

NR 408.02(29m)(c)2. 2. Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas.

NR 408.02(29m)(c)3. 3. Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5 nonattainment areas, unless the department demonstrates to the administrator’s satisfaction or the EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to the area’s ambient PM2.5 concentrations.

NR 408.02(29m)(d) (d) PM2.5 emissions and PM10 emissions. As defined in s. NR 400.02 (123m) and (124), respectively, these terms include filterable emissions and gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures.

NR 408.02(29s) (29s) “Replacement unit” means an emissions unit for which all the criteria listed in pars. (a) to (d) are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.

NR 408.02(29s)(a) (a) The emissions unit is a reconstructed unit within the meaning of s. NR 400.02 (130), or the emissions unit completely takes the place of an existing emissions unit.

NR 408.02(29s)(b) (b) The emissions unit is identical to or functionally equivalent to the replaced emissions unit.

NR 408.02(29s)(c) (c) The replacement does not change any of the basic design parameters of the process line.

NR 408.02(29s)(d) (d) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit.