NR 405.05(3) (3) Any area other than an area to which s. NR 405.03 refers may be redesignated as Class III if the following criteria are met:

NR 405.05(3)(a) (a) The redesignation meets the requirements of provisions established in accordance with sub. (2).

NR 405.05(3)(b) (b) The redesignation, except any established by an Indian governing body, is specifically approved by the department.

NR 405.05(3)(c) (c) The redesignation does not cause, or contribute to, a concentration of any air contaminant which exceeds any maximum allowable increase permitted under the classification of any other area or any national ambient air quality standard.

NR 405.05(3)(d) (d) Any permit application for any major stationary source or major modification subject to provisions established in accordance with s. NR 405.10, which can receive a permit only if the area in question is redesignated as Class III, and any material submitted as part of that application is available, insofar as is practicable, for public inspection prior to any public hearing on redesignation of any area as Class III.

NR 405.05(4) (4) Lands within the exterior boundaries of Indian reservations may be redesignated only by the appropriate Indian governing body. The appropriate Indian governing body may submit to the administrator a proposal to redesignate areas Class I, Class II, or Class III provided that the following conditions are met:

NR 405.05(4)(a) (a) The Indian governing body has followed procedures equivalent to those required of the department under subs. (2) and (3) (c) and (d).

NR 405.05(4)(b) (b) Such redesignation is proposed after consultation with the state in which the Indian reservation is located and which border the Indian reservation.

NR 405.05(5) (5) If the administrator disapproves a proposed redesignation, the classification of the area shall be that which was in effect prior to the disapproval of the redesignation.

NR 405.05(6) (6) If the administrator disapproves any proposed area redesignation, the department or Indian governing body, as appropriate, may resubmit the proposal after correcting the deficiencies noted by the administrator.

NR 405.05 Note Note: The time period provided for a federal land manager’s comments in the federal regulations (not in excess of 60 days) is specified as 30 days in sub. (2) (d).

NR 405.05 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. (1), (4) (intro.), (5) and (6), Register, December, 1995, No. 480, eff. 1-1-96; am. (3) (intro.), (c), (4) (intro.), Register, December, 1996, No. 492, eff. 1-1-97.

NR 405.06 NR 405.06 Stack heights. The degree of emission limitation required for control of any air contaminant under chs. NR 400 to 499 may not be affected in any manner by:

NR 405.06(1) (1) So much of a stack height, not in existence before December 31, 1970, as exceeds good engineering practice, or

NR 405.06(2) (2) Any other dispersion technique not implemented before then.

NR 405.06 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87.

NR 405.07 NR 405.07 Review of major stationary sources and major modifications — source applicability and exemptions.

NR 405.07(1) (1) No major stationary source or major modification may begin actual construction unless the requirements of ss. NR 405.08 to 405.16 have been met.

NR 405.07(2) (2) The requirements of ss. NR 405.08 to 405.16 shall apply to any major stationary source and any major modification with respect to each air contaminant that it would emit, except as this chapter would otherwise allow.

NR 405.07(3) (3) The requirements of ss. NR 405.08 to 405.11 apply only to any major stationary source or major modification that would be constructed in an area which is designated as attainment or unclassifiable under section 107 (a) (1) (D) or (E) of the Act (42 USC 7407(a)(1)(D) or (E)).

NR 405.07(4) (4) A major source or major modification is exempt from the requirements of ss. NR 405.08 to 405.16 if any of the following apply:

NR 405.07(4)(a) (a) The source or modification would be a major stationary 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 such source does not belong to any of the following categories:

NR 405.07(4)(a)1. 1. Coal cleaning plants (with thermal dryers).

NR 405.07(4)(a)2. 2. Kraft pulp mills.

NR 405.07(4)(a)3. 3. Portland cement plants.

NR 405.07(4)(a)4. 4. Primary zinc smelters.

NR 405.07(4)(a)5. 5. Iron and steel mills.

NR 405.07(4)(a)6. 6. Primary aluminum ore reduction plants.

NR 405.07(4)(a)7. 7. Primary copper smelters.