NR 408.06(7)(a)2.2. The area has a U.S. environmental protection agency approved state implementation plan, except as provided in par. (b).

NR 408.06(7)(a)3.3. The source notifies the department in writing prior to the date the shut down or curtailment occurs. The notification shall include documentation of the type and quantity of emission reduction credit to be generated.

NR 408.06(7)(a)4.4. The shutdown or curtailment occurs on or after the date specified for this purpose in the state implementation plan, and if the date specified is on or after the date of the most recent emissions inventory used in the plan’s demonstration of attainment. The department may consider a prior shutdown or curtailment to have occurred after the date of its most recent emissions inventory, if the inventory explicitly includes as current existing emissions the emissions from the previously shut down or curtailed sources. However, no credit is available for shutdowns which occurred prior to August 7, 1977.

NR 408.06(7)(b)(b) The emission reductions described in par. (a) may be credited in the absence of a U.S. environmental protection agency approved state implementation plan only if the shutdown or curtailment occurs on or after the date the construction permit application is filed or if the applicant can establish that the proposed new source is a replacement for the shut down or curtailed source, and the cutoff date provisions of par. (a) 4. are observed.

NR 408.06(8)(8) No emissions reduction credit may be allowed for reductions in any organic compound specifically excluded from the definition of “VOC” in s. NR 400.02 (162).

NR 408.06(9)(9) Credit for an emissions reduction may be claimed to the extent that the department has not relied on it in issuing any permit under ch. NR 405, 406, 407 or this chapter or the state has not relied on it in demonstrating attainment or reasonable further progress. Incidental emissions reductions which are not otherwise required under the Act or chs. NR 400 to 499 may be creditable as emissions reductions for such purposes if the emissions reductions meet the applicable requirements of subs. (1) and (2).

NR 408.06(10)(10) The total increase in emissions, in tons per year, resulting from a major modification that must be offset in accordance with this section shall be determined by summing the difference between the allowable emissions after the modification and the actual emissions before the modification for each emissions unit.

NR 408.06 HistoryHistory: Cr. Register, May, 1993, No. 449, eff. 6-1-93; am. (4) (intro.), (a), (5), Register, December, 1996, No. 492, eff. 1-1-97; am. (2) (intro.), (a) and (8), Register, October, 1999, No. 526, eff. 11-1-99; CR 03-118: cr. (10) Register June 2007 No. 618, eff. 7-1-07; CR 10-050: cr. (1) (cm) Register November 2010 No. 659, eff. 12-1-10; CR 13-070: am. (1) (a) Register July 2014 No. 703, eff. 8-1-14.

NR 408.07NR 408.07 Source impact analysis. The applicant for a permit under this chapter shall demonstrate to the satisfaction of the department that all of the following conditions are met:

NR 408.07(1)(1) The emissions offsets required under s. NR 408.06, when considered in conjunction with the proposed emissions increase, will have a net air quality benefit in the affected area, as required under s. NR 408.06 (1) (d).

NR 408.07(2)(2) The emissions from the proposed new major source or major modification, when considered in conjunction with the emissions offsets required under s. NR 408.06, will not contribute to nonattainment in, or interfere with maintenance by, any other state with respect to any national primary or secondary ambient air quality standard.

NR 408.07(3)(3) The emissions from the proposed new major source or major modification, when considered in conjunction with the emissions offsets required under s. NR 408.06, will not interfere with measures required to be included in the applicable implementation plan for any other state under a program for the prevention of significant deterioration or for the protection of visibility.

NR 408.07 HistoryHistory: Cr. Register, May, 1993, No. 449, eff. 6-1-93; am. (intro.), Register, December, 1996, No. 492, eff. 1-1-97.

NR 408.08NR 408.08 Additional conditions for approval. For the department to approve a permit required or allowed under s. 285.60, Stats., and this chapter the following criteria shall be met:

NR 408.08(1)(1) All major sources owned or operated by the owner or operator of the proposed source, or by any entity controlling, controlled by, or under common control with the owner or operator, in the state are subject to emission limitations and are in compliance, or on a schedule for compliance, with all applicable emissions limitations and standards under the Act and chs. NR 400 to 499.

NR 408.08(2)(2) By means of an analysis of alternative sites, sizes, production processes and environmental control techniques for proposed new or modified stationary source, the owner or operator of the proposed stationary source or modification can demonstrate to the satisfaction of the department that the benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction or modification.

NR 408.08(3)(3) The administrator has not determined that the applicable implementation plan is not being adequately implemented for the nonattainment area in which the proposed stationary source or modification is to be constructed in accordance with the requirements of part D of title I of the Act (42 USC 7501 to 7515).

NR 408.08 HistoryHistory: Cr. Register, May, 1993, No. 449, eff. 6-1-93; am. (3), Register, December, 1996, No. 492, eff. 1-1-97; correction made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1996, No. 492.

NR 408.09(1)(1) The department shall notify all applicants within 20 days as to the completeness of the construction permit application or any deficiency in the application or information submitted. In the event of a deficiency, the date of receipt of the application shall be the date on which the department received all required information.

NR 408.09(2)(a)(a) Make a preliminary determination as to whether construction should be approved, approved with conditions or disapproved.

NR 408.09(2)(b)(b) Make available in at least one location in each area in which the proposed source would be constructed a copy of all materials the applicant has submitted, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination.

NR 408.09(2)(c)(c) Notify the public, by advertisement in a newspaper of general circulation in each area in which the proposed source would be constructed, of the application, the preliminary determination, a description of the amount and location of emission reductions that will offset the emissions increase from the new source, or significant net emissions increase from the modification; the determination of lowest achievable emission rate; and the opportunity for comment at a public hearing as well as for written public comment.

NR 408.09(2)(d)(d) Send a copy of the notice of the opportunity for public comment to the applicant, the administrator of the U.S. environmental protection agency, region 5, and officials and agencies having jurisdiction over the location where the proposed construction would occur, including any other state or local air pollution control agencies, the chief executives of the city and county where the source would be located, any comprehensive regional land use planning agency, and any state, federal land manager or Indian governing body whose lands may be affected by emissions from the source or modification.

NR 408.09(2)(e)(e) Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the source, alternatives to it, the control technology required and other appropriate considerations.

NR 408.09(2)(f)(f) Consider all written comments submitted within a time specified in the notice of public comment and all comments received at any public hearings in making a final decision on the approvability of the application. The department shall make all comments available for public inspection in the same locations where the department earlier made available preconstruction information relating to the proposed source or modification.

NR 408.09(2)(g)(g) Make a final determination as to whether construction should be approved, approved with conditions or disapproved.