NR 440.14(5)(5)The following may not, by themselves, be considered modifications under this chapter:
NR 440.14(5)(a)(a) Maintenance, repair and replacement which the department determines to be routine for a source category, subject to the provisions of sub. (3) and s. NR 440.15.
NR 440.14(5)(b)(b) An increase in production rate of an existing facility, if that increase can be accomplished without a capital expenditure on that facility.
NR 440.14(5)(c)(c) An increase in the hours of operation.
NR 440.14(5)(d)(d) Use of an alternative fuel or raw material if, prior the date any standard under this chapter became applicable to that source type, the existing facility was designed to accommodate that alternative use. A facility shall be considered to be designed to accommodate an alternative fuel or raw material if that use could be accomplished under the facility’s construction specifications as amended prior to the change. Conversion to coal required for energy considerations, as specified in section 111 (a) (8) of the act (42 USC 7411 (a) (8)), will not be considered a modification under this chapter.
NR 440.14(5)(e)(e) The addition or use of any system or device whose primary function is the reduction of air pollutants, except when an emission control system is removed or is replaced by a system which the department determines to be less environmentally beneficial.
NR 440.14(5)(f)(f) The relocation or change in ownership of an existing facility.
NR 440.14(6)(6)Special provisions set forth under any other applicable section of this chapter shall supersede any conflicting provisions of this section.
NR 440.14(7)(7)Within 180 days of the completion of any physical or operational change subject to the control measures specified in sub. (1), compliance with all applicable standards shall be achieved.
NR 440.14(8)(8)No physical change or change in the method of operation at an existing electric utility steam generating unit may be treated as a modification for the purposes of this section provided that the change does not increase the maximum hourly emissions of any pollutant regulated under this section above the maximum hourly emissions achievable at that unit during the 5 years prior to the change.
NR 440.14(9)(9)Repowering projects that are awarded funding from the department of energy as permanent clean coal technology demonstration projects, or similar projects funded by the U.S. environmental protection agency, are exempt from the requirements of this section provided that the change does not increase the maximum hourly emissions of any pollutant regulated under this section above the maximum hourly emissions achievable at that unit during the 5 years prior to the change.
NR 440.14(10)(10)
NR 440.14(10)(a)(a) Repowering projects that qualify for an extension under section 409 (b) of the act (42 USC 7651h (b)) are exempt from the requirements of this section provided that the change does not increase the actual hourly emissions of any pollutant regulated under this section above the actual hourly emissions achievable at that unit during the 5 years prior to the change.
NR 440.14(10)(b)(b) This exemption does not apply to any new unit that:
NR 440.14(10)(b)1.1. Is designated as a replacement for an existing unit;
NR 440.14(10)(b)2.2. Qualifies under section 409 (b) of the act (42 USC 7651h (b)) for an extension of an emission limitation compliance date under section 405 of the act (42 USC 7651d) and;
NR 440.14(10)(b)3.3. Is located at a different site than the existing unit.
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 440.15NR 440.15Reconstruction.
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)(a)(a) Name and address of the owner or operator.
NR 440.15(4)(b)(b) The location of the existing facility.