FINAL AIR POLLUTION CONTROL CONSTRUCTION PERMIT

EI FACILITY NO: 230006260 CONSTRUCTION PERMIT NO.: 11-RSG-182

TYPE:

Construction Permit for Processes: P34, P35, P36

In compliance with the provisions of Chapter 285, Wis. Stats., and Chapters NR 400 to NR 499, Wis. Adm. Code,

Name of Source: Wisconsin Electric Power Company, D/B/A We Energies 

Street Address: 8000 95th Street,

Pleasant Prairie, Kenosha County, Wisconsin

Responsible Official, & Title: Tom Ventimiglia, Asset Manager - P4

is authorized to replace the existing dust collection systems of the in-plant coal transfer system and the coal crusher 

house described in the plans and specifications dated October 12, 2011 (application received), and to initially 

operate the in-plant coal transfer system and the coal crusher house with new dust collection systems in conformity 

with the conditions herein. The authority to construct, modify, replace and/or reconstruct any process covered in 

this Construction Permit expires eighteen (18) months from the date of issuance. This approved period to construct, 

modify, replace and/or reconstruct may be extended for up to 18 months upon request for cause, prior to expiration, 

unless otherwise specified by this construction permit. The conditions of this construction permit are permanent and 

may only be revised through a revision of the construction permit or through the issuance of a new construction 

permit. [s. 285.60(1), Wis. Stats.]

Conditions of the construction permit marked with an asterisk (*) have been created outside of the Wisconsin’s 

federally approved State Implementation Plan (SIP) and are not federally enforceable.

This authorization requires compliance by the permit holder with the emission limitations, monitoring requirements 

and other terms and conditions set forth in Parts I and II hereof.

Dated at Sturtevant, Wisconsin October 29, 2012

STATE OF WISCONSIN

DEPARTMENT OF NATURAL RESOURCES

For the Secretary

By /s/ Daniel Schramm

Daniel Schramm 

Air Management Supervisor

Milwaukee Service Center
FID No. 230006260, Construction Permit No. 11-RSG-182 Page 2 of 16

Part I

A. Process P34, Control Device C34 (baghouse), Stack S34 – In-Plant Coal Transfer System Unit 1.

 Process P35, Control Device C35 (baghouse), Stack S35 – In-Plant Coal Transfer System Unit 2.

Pollutant a. Limitations b. Compliance Demonstration c. Reference Test Methods, Recordkeeping 

and Monitoring Requirements

1. Particulate Matter 

Emissions

Note: Also see I.A.3 for requirements 

under NSPS for Coal Preparation and 

Processing Plants. 

(1) Particulate matter (total PM) 

emissions from each stack (Stacks 

S34 and S35) may not exceed 1.71 

pounds per hour.[ss. 285.65(3),(7), 

Wis. Stats.]

(2) Particulate matter (total PM) 

emissions from each stack (Stacks

S34 and S35) may not exceed:

E = 17.31 P0.16

Where, 

E = allowable emissions in pounds 

per hour

P = process weight rate in tons per 

hour

[s. NR 415.05(2), Wis. Adm. Code]

(1) The permittee shall operate a baghouse 

system (C34 and C35) to control particulate 

matter emissions from P34 and P35.

[s. 285.65(3), Wis. Stats.]

(2) Each baghouse shall be equipped with 

instrumentation to monitor the pressure drop 

across the baghouse and an alarm system.

[s. NR 439.055(1), Wis. Adm. Code]

(3) The permittee shall monitor the 

differential pressure across each baghouse 

(C34 and C35). The differential pressure 

monitoring and alarm system shall be in 

operation at all times the baghouse system is 

in operation. If the differential pressure falls 

below 0.1 inches of water column or a 

minimum pressure drop approved by the 

Department, in writing, an alarm shall signal 

an operator and an inspection of the hopper 

and bag collectors shall be performed and

any necessary remedial action shall be taken.

[s. 285.65(3), Wis. Stats.]

(4) The permittee shall perform an initial 

performance test on stacks S34 and S35 to 

demonstrate compliance with the particulate 

matter emission limit in condition I.A.1.a.(1) 

within 180 days of the date P34 and P35 

commences operation after the change (i.e. 

first time any process related air contaminant 

is emitted into the ambient air via stacks S34

and S35), while In-Plant Coal Transfer 

(1) Reference Test Method for Particulate 

Matter Emissions:

Whenever compliance emission testing is 

required to demonstrate compliance with 

condition I.A.1.a.(1), U.S. EPA Method 5 

or 17 in 40 CFR Part 60, Appendix A

including condensable back half emissions 

(Method 202 in 40 CFR Part 51, Appendix 

M) or any other method approved by the 

Department in writing shall be used to 

demonstrate compliance.

[s. NR 439.06(1), Wis. Adm. Code]

(2) The permittee shall inspect the 

baghouses (C34 and C35) daily. [s. 

285.65(3), Wis. Stats., s. NR 439.055(1), 

Wis. Adm. Code]

(3) The permittee shall keep records of:

(a) The date and time of baghouse 

differential pressure alarms;

(b) Any corrective actions taken as a result 

of the inspection of the baghouses or 

alarms.

[s. NR 439.04(1)(d), Wis. Adm. Code]
FID No. 230006260, Construction Permit No. 11-RSG-182 Page 3 of 16

A. Process P34, Control Device C34 (baghouse), Stack S34 – In-Plant Coal Transfer System Unit 1.

 Process P35, Control Device C35 (baghouse), Stack S35 – In-Plant Coal Transfer System Unit 2.

Pollutant a. Limitations b. Compliance Demonstration c. Reference Test Methods, Recordkeeping 

and Monitoring Requirements

System is operating at capacity or as close to 

capacity as practicable or at a capacity 

approved by the Department in writing. 

[s. 285.65(3), Wis. Stats., s. NR 439.075(1), 

Wis. Adm. Code]

Note: The above required test for total PM (filterable 

and condensable) may be conducted in conjunction 

with the initial performance test for particulate matter 

(filterable only) required in condition I.A.3.b.(1).

(5) The tests required in condition I.A.1.b.(4) 

shall be performed for each of the following 

two scenarios:

(a) Coal on belt

(b) Coal not on belt

[s. 285.65(3), Wis. Stats.]

2. Visible Emissions

Note: Also see I.A.3 for requirements 

under NSPS for Coal Preparation and 

Processing Plants. 

(1) Number 1 on the Ringlemann 

chart or 20% opacity.

[s. NR 431.05, Wis. Adm. Code]

(1) The permittee shall comply with 

requirements in I.A.1.b.(1) through (3). 

[s. 285.65(3), Wis. Stats.]

(1) Reference Test methods for Visible 

Emissions: Whenever compliance emission 

testing is required to demonstrate 

compliance with condition I.A.2.a.(1), U.S. 

EPA Method 9 in 40 CFR Part 60, 

Appendix A, shall be used to demonstrate 

compliance. [s. NR 439.06(9)(a)1., Wis. 

Adm. Code]

3. New Source Performance 

Standards (NSPS) for Coal 

Preparation and Processing 

Plants

(40 CFR Part 60, Subpart Y)

(1) On and after the date on which 

the performance test is conducted or 

required to be completed under 40 

CFR 60.8, whichever date comes 

first, the permittee must meet the 

requirements in (a) and (b) below.

(a) The permittee must not cause to 

be discharged into the atmosphere 

any gases which exhibit 10 percent 

(1) The permittee must conduct performance 

tests according to the requirements of s. NR 

440.08, Wis. Adm. Code (40 CFR 60.8) to 

demonstrate compliance with the emission 

standards in condition I.A.3.a.(1)(a) and (b) 

as specified in conditions I.A.3.b.(2) and (3) 

below.

[ss. 285.65(3) and (13), Wis. Stats., 40 CFR 

60.255(b)(1), s. NR 440.08, Wis. Adm. 

(1) Reference Test Method for Visible 

Emissions: The permittee must determine 

compliance with the opacity standard in 

condition I.A.3.a.(1)(a) as specified in 

paragraphs (a) through (b) below.

(a) Method 9 of Appendix A-4 (of 40 CFR 

Part 60) and the procedures in 40 CFR 

60.11 must be used to determine opacity, 

with the exceptions specified in (i) and (ii) 
FID No. 230006260, Construction Permit No. 11-RSG-182 Page 4 of 16

A. Process P34, Control Device C34 (baghouse), Stack S34 – In-Plant Coal Transfer System Unit 1.

 Process P35, Control Device C35 (baghouse), Stack S35 – In-Plant Coal Transfer System Unit 2.

Pollutant a. Limitations b. Compliance Demonstration c. Reference Test Methods, Recordkeeping 

and Monitoring Requirements

opacity or greater.

(b) The permittee must not cause to 

be discharged into the atmosphere 

from any mechanical vent on an 

affected facility gases which contain 

particulate matter in excess of 0.010 

gr/dscf (0.023 g/dscm).

[s. 285.65(13), Wis. Stats., 40 CFR 

60.254(b), 40 CFR 60.250(d)]

Code]

(2) For each Process P34, P35:

The permittee shall perform an initial 

performance test for the particulate matter 

standard. Thereafter, a new performance test 

must be conducted according to the 

requirements in (a) through (c) below, as 

applicable.

(a) If the results of the most recent 

performance test demonstrate that emissions 

are greater than 50 percent of the emission 

standard, a new performance test must be 

conducted within 12 calendar months of the 

date that the previous performance test was 

required to be completed.

(b) If the results of the most recent 

performance test demonstrate that emissions 

are 50 percent or less of the emission 

standard, a new performance test must be 

conducted within 24 calendar months of the 

date that the previous performance test was 

required to be completed.

(c) If affected facilities have not operated for 

the 60 calendar days prior to the due date of 

a performance test, the permittee is not 

required to perform the subsequent 

performance test until 30 calendar days after 

the next operating day.

[s. 285.65(13), Wis. Stats., 40 CFR 

60.255(b)(1)]

(3) For each Process P34, P35:

The permittee shall perform an initial 

below:

 (i) The duration of the Method 9 of 

Appendix A-4 (of 40 CFR Part 60) 

performance test shall be 1 hour (ten 6-

minute averages).

 (ii) If, during the initial 30 minutes of the 

observation of a Method 9 of 

Appendix A-4 (of 40 CFR Part 60) 

performance test, all of the 6-minute 

average opacity readings are less than 

or equal to half the applicable opacity 

limit, then the observation period may 

be reduced from 1 hour to 30 minutes. 

(b) A visible emissions observer may 

conduct visible emission observations for 

up to three fugitive, stack or vent emission 

points within a 15-second interval if the 

following conditions in (i) through (iii) 

below are met:

 (i) No more than three emissions points 

may be read concurrently.

 (ii) All three emissions points must be 

within a 70 degree viewing sector or 

angle in front of the observer such that 

the proper sun position can be 

maintained for all three points.

 (iii) If an opacity reading for any one of 

the three emissions points is within 5% 

opacity of the applicable opacity 

standard, then the observer must stop 

taking readings for the other two points 

and continue reading just that single 
FID No. 230006260, Construction Permit No. 11-RSG-182 Page 5 of 16

A. Process P34, Control Device C34 (baghouse), Stack S34 – In-Plant Coal Transfer System Unit 1.

 Process P35, Control Device C35 (baghouse), Stack S35 – In-Plant Coal Transfer System Unit 2.

Pollutant a. Limitations b. Compliance Demonstration c. Reference Test Methods, Recordkeeping 

and Monitoring Requirements

performance test for the opacity standard. 

Thereafter, a new performance test must be 

conducted according to the requirements in 

(a) through (b) below, as applicable, except 

as provided for in condition I.A.3.b.(4).

(a) If any 6-minute average opacity reading 

in the most recent performance test exceeds 

half the opacity limit, a new performance test 

must be conducted within 90 operating days 

of the date that the previous performance test 

was required to be completed.

(b) If all 6-minute average opacity readings 

in the most recent performance test are equal 

to or less than half the opacity limit, a new 

performance test must be conducted within 

12 calendar months of the date that the 

previous performance test was required to be 

completed.

[s. 285.65(13), Wis. Stats., 40 CFR 

60.255(b)(2)]

(4) As an alternative to meeting the 

requirements in condition I.A.3.b.(3), the 

permittee may elect to comply with the 

requirements in 40 CFR 60.255(f)(1) or (2).

[s. 285.65(13), Wis. Stats., 40 CFR 

60.255(f)]

point.

[s. 285.65(13), Wis. Stats., 40 CFR 

60.257(a)]

(2) Reference Test Method for Particulate 

Matter Emissions:

The permittee must determine compliance 

with the particulate matter standard in 

condition I.A.3.a.(1)(b) using Method 5 or 

17 in Appendix A of 40 CFR Part 60, 

incorporated by reference in s. NR 440.17, 

Wis. Adm. Code.

[ss. 285.65(3),(13), Wis. Stats., 40 CFR 

60.257(b)(5), s. NR 440.42(5)(a), Wis. 

Adm. Code]

(3) Comply with conditions I.ZZZ.1.a.(1) 

through (3) for reporting and recordkeeping 

requirements under 40 CFR 60.258.

[s. 285.65(13), Wis. Stats., 40 CFR 60.258, 

40 CFR 60.250(d)]
FID No. 230006260, Construction Permit No. 11-RSG-182 Page 6 of 16

B. Process P36, Control Device(s) C36 (baghouse), Stack S36 – Coal Crusher House.

 This process may use wet suppression as an alternative control.

Pollutant a. Limitations b. Compliance Demonstration c. Reference Test Methods, 

Recordkeeping and Monitoring 

Requirements

1. Particulate Matter 

Emissions

Note: Also see I.B.3 for requirements 

under NSPS for Coal Preparation and 

Processing Plants. 

(1) Particulate matter (total PM) 

emissions from stack S36 may not 

exceed 1.15 pounds per hour.

[ss. 285.65(3) and (7), Wis. Stats., 

ss. NR 415.05(1) & (2), Wis. Adm. 

Code]

(1) The permittee shall use a baghouse (C36)

or wet suppression system to control 

particulate matter emissions at all times the 

coal crusher house is in operation.

[s. 285.65(3), Wis. Stats.]

(2) The permittee shall monitor the 

differential pressure across the baghouse 

(C36). The differential pressure monitoring 

and alarm system shall be in operation at all 

times the baghouse system is in operation. If 

the differential pressure falls below 0.1 

inches of water column or a minimum 

pressure drop approved by the Department, 

in writing, an alarm shall signal an operator 

and an inspection of the hopper and bag 

collectors shall be performed and any 

necessary remedial action shall be taken. [s. 

285.65(3), Wis. Stats.]

(3) Whenever the wet suppression system is 

in operation as the primary particulate matter 

emission control system for P36, the 

permittee shall monitor and record the liquid 

flow rate once every 8 hours or once per day, 

whichever yields the greater number of 

measurements. [s. NR 439.055(2)(b)5., Wis. 

Adm. Code]

(4) The liquid flow rate to the wet 

suppression system during operation shall be 

as recommended by the manufacturer. [s. 

285.65(3), Wis. Stats.]

(5) The permittee shall perform an initial 

(1) Reference Test Method for 

Particulate Matter Emissions:

Whenever compliance emission testing is 

required to demonstrate compliance with 

condition I.B.1.a.(1), US EPA Method 5

or 17 in 40 CFR Part 60, Appendix A, 

including condensable back half 

emissions (Method 202 in 40 CFR Part 

51, Appendix M), or any other method 

approved in writing by the Department

shall be used to demonstrate compliance. 

[s. NR 439.06(1), Wis. Adm. Code]

(2) The permittee shall inspect the 

baghouse (C36) daily. [s. 285.65(3), Wis. 

Stats., s. NR 439.055(1), Wis. Adm. 

Code]

(3) The permittee shall keep records of:

(a) The date and time of bag house 

differential pressure alarms;

(b) Any corrective actions taken as a 

result of the inspections of the baghouse 

or alarms.

[s. NR 439.04(1)(d), Wis. Adm. Code]

(4) The permittee shall keep records of 

the liquid flow rate measurements 

required under condition I.B.1.b.(3).

[s. NR 439.04(1)(d), Wis. Adm. Code]
FID No. 230006260, Construction Permit No. 11-RSG-182 Page 7 of 16

B. Process P36, Control Device(s) C36 (baghouse), Stack S36 – Coal Crusher House.

 This process may use wet suppression as an alternative control.

Pollutant a. Limitations b. Compliance Demonstration c. Reference Test Methods, 

Recordkeeping and Monitoring 

Requirements

performance test for the particulate matter 

(total PM) emission limit in condition 

I.B.1.a.(1) for stack S36 within 180 days of 

the date P36 commences operation after the 

change (i.e. first time any process related air 

contaminant is emitted into the ambient air 

via stack S36), while P36 is operating at 

capacity or as close to capacity as practicable 

or at a capacity approved by the Department 

in writing. 

[s. 285.65(3), Wis. Stats., s. NR 439.075(1), 

Wis. Adm. Code]

Note: The above required test for total PM (filterable 

and condensable) may be conducted in conjunction 

with the initial performance test for particulate matter 

(filterable only) required in condition I.B.3.b.(1).

(6) The stack test shall be performed while 

the baghouse is used to control PM 

emissions from P36. The alternative wet 

suppression control system shall not be in 

operation during the stack test. [s. 285.65(3), 

Wis. Stats.]

2. Visible Emissions

Note: Also see I.B.3 for requirements 

under NSPS for Coal Preparation and 

Processing Plants. 

(1) Number 1 on the Ringlemann 

chart or 20% opacity.

[s. NR 431.05, Wis. Adm. Code]

(1) The permittee shall comply with 

requirements in I.B.1.b.(1) through (3). 

[s. 285.65(3), Wis. Stats.]

(1) Reference Test methods for Visible 

Emissions: Whenever compliance 

emission testing is required to 

demonstrate compliance with condition 

I.B.2.a.(1), U.S. EPA Method 9 in 40 

CFR Part 60, Appendix A, shall be used 

to demonstrate compliance. [s. NR 

439.06(9)(a)1., Wis. Adm. Code]

3. New Source Performance 

Standards (NSPS) for Coal 

Preparation and Processing 

(1) On and after the date on which 

the performance test is conducted or 

required to be completed under 40 

(1) The permittee must conduct performance 

tests according to the requirements of s. NR 

440.08, Wis. Adm. Code (40 CFR 60.8) to 

(1) Reference Test method for Visible 

Emissions: The permittee must determine 

compliance with the opacity standard in 
FID No. 230006260, Construction Permit No. 11-RSG-182 Page 8 of 16

B. Process P36, Control Device(s) C36 (baghouse), Stack S36 – Coal Crusher House.

 This process may use wet suppression as an alternative control.

Pollutant a. Limitations b. Compliance Demonstration c. Reference Test Methods, 

Recordkeeping and Monitoring 

Requirements

Plants

(40 CFR Part 60, Subpart Y)

CFR 60.8, whichever date comes 

first, the permittee must meet the 

requirements in (a) and (b) below.

(a) The permittee must not cause to 

be discharged into the atmosphere 

any gases which exhibit 10 percent 

opacity or greater.

(b) The permittee must not cause to 

be discharged into the atmosphere 

from any mechanical vent on an 

affected facility gases which contain 

particulate matter in excess of 0.010 

gr/dscf (0.023 g/dscm).

[s. 285.65(13), Wis. Stats., 40 CFR 

60.254(b), 40 CFR 60.250(d)]

demonstrate compliance with the emission 

standards in condition I.B.3.a.(1)(a) and (b) 

as specified in conditions I.B.3.b.(2) and (3) 

below.

[ss. 285.65(3) and (13), Wis. Stats., 40 CFR 

60.255(b)(1), s. NR 440.08, Wis. Adm. 

Code]

(2)The permittee shall perform an initial 

performance test for the particulate matter 

standard. Thereafter, a new performance test 

must be conducted according to the 

requirements in (a) through (c) below, as 

applicable.

(a) If the results of the most recent 

performance test demonstrate that emissions 

from the coal crusher house (Stack S36) are 

greater than 50 percent of the emission 

standard, a new performance test must be 

conducted within 12 calendar months of the 

date that the previous performance test was 

required to be completed.

(b) If the results of the most recent 

performance test demonstrate that emissions 

from the coal crusher house (Stack S36) are 

50 percent or less of the emission standard, a 

new performance test must be conducted 

within 24 calendar months of the date that 

the previous performance test was required 

to be completed.

(c) If affected facilities at the coal crusher 

house have not operated for the 60 calendar 

days prior to the due date of a performance 

test, the permittee is not required to perform 

condition I.B.3.a.(1)(a) as specified in 

paragraphs (a) through (b) below.

(a) Method 9 of Appendix A-4 (of 40 

CFR part 60) and the procedures in 40 

CFR 60.11 must be used to determine 

opacity, with the exceptions specified in 

(i) and (ii) below:

 (i) The duration of the Method 9 of 

Appendix A-4 (of 40 CFR part 60) 

performance test shall be 1 hour (ten 

6-minute averages).

 (ii) If, during the initial 30 minutes of 

the observation of a Method 9 of 

Appendix A-4 (of 40 CFR part 60) 

performance test, all of the 6-minute 

average opacity readings are less 

than or equal to half the applicable 

opacity limit, then the observation 

period may be reduced from 1 hour 

to 30 minutes. 

(b) A visible emissions observer may 

conduct visible emission observations for 

up to three fugitive, stack or vent 

emission points within a 15-second 

interval if the following conditions in (i) 

through (iii) below are met:

 (i) No more than three emissions 

points may be read concurrently.

 (ii) All three emissions points must be 

within a 70 degree viewing sector or 

angle in front of the observer such 

that the proper sun position can be 
FID No. 230006260, Construction Permit No. 11-RSG-182 Page 9 of 16

B. Process P36, Control Device(s) C36 (baghouse), Stack S36 – Coal Crusher House.

 This process may use wet suppression as an alternative control.

Pollutant a. Limitations b. Compliance Demonstration c. Reference Test Methods, 

Recordkeeping and Monitoring 

Requirements

the subsequent performance test until 30 

calendar days after the next operating day.

[s. 285.65(13), Wis. Stats., 40 CFR 

60.255(b)(1)]

(3) The permittee shall perform an initial 

performance test for the opacity standard.

Thereafter, a new performance test must be 

conducted according to the requirements in 

(a) through (b) below, as applicable, except 

as provided for in condition I.B.3.b.(4).

(a) If any 6-minute average opacity reading 

in the most recent performance test exceeds 

half the opacity limit, a new performance test 

must be conducted within 90 operating days 

of the date that the previous performance test 

was required to be completed.

(b) If all 6-minute average opacity readings 

in the most recent performance test are equal 

to or less than half the opacity limit, a new 

performance test must be conducted within 

12 calendar months of the date that the 

previous performance test was required to be 

completed.

[s. 285.65(13), Wis. Stats., 40 CFR 

60.255(b)(2)]

(4) As an alternative to meeting the 

requirements in condition I.B.3.b.(3), the 

permittee may elect to comply with the 

requirements in 40 CFR 60.255(f)(1) or (2).

[s. 285.65(13), Wis. Stats., 40 CFR 

60.255(f)]

maintained for all three points.

 (iii) If an opacity reading for any one 

of the three emissions points is 

within 5% opacity of the applicable 

opacity standard, then the observer 

must stop taking readings for the 

other two points and continue 

reading just that single point.

[s. 285.65(13), Wis. Stats., 40 CFR 

60.257(a)]

(2) Reference Test method for Particulate 

Matter Emissions:

The permittee must determine 

compliance with the particulate matter

standard in condition I.B.3.a.(1)(b) using 

Method 5 or 17 in Appendix A of 40 

CFR part 60, incorporated by reference 

in s. NR 440.17, Wis. Adm. Code.

[ss. 285.65(3),(13), Wis. Stats., 40 CFR 

60.257(b)(5), s. NR 440.42(5)(a), Wis. 

Adm. Code]

(3) Comply with conditions I.ZZZ.1.a.(1) 

through (3) for reporting and 

recordkeeping requirements under 40 

CFR 60.258.

[s. 285.65(13), Wis. Stats., 40 CFR 

60.258, 40 CFR 60.250(d)]
FID No. 230006260, Construction Permit No. 11-RSG-182 Page 10 of 16

C. Process P34, Control Device(s) C34 (baghouse), Stack S34 – Coal Crusher House.

 Process P35, Control Device(s) C35 (baghouse), Stack S35 – Coal Crusher House.

 Process P36, Control Device(s) C36 (baghouse), Stack S36 – Coal Crusher House. Note: P36 may use wet suppression as an alternative control.

Condition Type a. Conditions

1. Source Obligation (1) The permittee shall monitor the emissions of any regulated NSR air contaminant that could increase as a result of the project

covered under the construction permit 11-RSG-182 and that is emitted by any emissions unit in P34, P35, and P36 and 

calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of 10 years 

following resumption of regular operations after the change.

[s. NR 405.16(3)(d), Wis. Adm. Code]

(2) The permittee shall submit a report to the Department if the annual emissions, in tons per year, from the project covered 

under the construction permit 11-RSG-182, exceed the baseline actual emissions by a significant amount for that regulated 

NSR air contaminant, and if the emissions differ from the preconstruction projection that was provided to the Department. 

The report shall be submitted to the Department within 60 days after the end of the year. The report shall contain all of the 

following:

(a) The name, address and telephone number of the major stationary source.

(b) The annual emissions as calculated.

(c) Any other information that the owner or operator wishes to include in the report, e.g., an explanation as to why the emissions 

differ from the preconstruction projection.

[s. NR 405.16(3)(f), Wis. Adm. Code]

(3) The permittee shall make the information required to be documented and maintained pursuant to I.C.1.a.(1) available for 

inspection, upon request by the Department or the general public.

[s. NR 405.16(4) , Wis. Adm. Code]

 
FID No. 230006260, Construction Permit No. 11-RSG-182 Page 11 of 16

ZZZ. Conditions Applicable to the Entire Facility.

Note: This section of permit 11-RSG-182 does not include all the requirements applicable to the facility.

Condition Type a. Conditions, Compliance Demonstration

1. Reporting and 

recordkeeping 

requirements 

under 40 CFR 

Part 60, Subpart 

Y – for P34, P35, 

and P36

(40 CFR 60.258)

(1) The owner or operator of a coal preparation and processing plant that commenced construction, reconstruction, or modification after 

April 28, 2008, shall maintain in a logbook (written or electronic) on-site and make it available upon request. The logbook shall 

record the following:

(a) The manufacturer’s recommended maintenance procedures and the date and time of any maintenance and inspection activities and 

the results of those activities. Any variance from manufacturer recommendation, if any, shall be noted.

(b) The date and time of periodic coal preparation and processing plant (P34, P35, P36) visual observations, noting those sources with 

visible emissions along with corrective actions taken to reduce visible emissions. Results from the actions shall be noted.

(c) The amount and type of coal processed each calendar month.

(d) The amount of chemical stabilizer or water purchased for use in the coal preparation and processing plant (P34, P35, P36).

(e) Monthly certification that the dust suppressant systems were operational when any coal was processed and that manufacturer’s 

recommendations were followed for all control systems. Any variance from the manufacturer’s recommendations, if any, shall be 

noted.

(f) Monthly certification that the fugitive coal dust emissions control plan was implemented as described. Any variance from the plan, 

if any, shall be noted. A copy of the applicable fugitive coal dust emissions control plan and any letters from the Administrator 

providing approval of any alternative control measures shall be maintained with the logbook. Any actions, e.g. objections, to the 

plan and any actions relative to the alternative control measures, e.g. approvals, shall be noted in the logbook as well.

(g) During a performance test of control equipment other than a wet scrubber, and each operating day thereafter, the owner or operator 

shall record the measurements of the reagent injection flow rate, as applicable.

[s. 285.65(13), Wis. Stats., 40 CFR 60.258(a)(1)-(6),(10)]

(2) The permittee shall submit the results of initial performance tests to the Administrator or to the Department, consistent with the 

provisions of 40 CFR 60.8. The owner or operator who elects to comply with the reduced performance testing provisions of 40 

CFR 60.255(c) shall include in the performance test report identification of each affected facility that will be subject to the reduced 
FID No. 230006260, Construction Permit No. 11-RSG-182 Page 12 of 16

ZZZ. Conditions Applicable to the Entire Facility.

Note: This section of permit 11-RSG-182 does not include all the requirements applicable to the facility.

Condition Type a. Conditions, Compliance Demonstration

testing. 

[s. 285.65(13), Wis. Stats., 40 CFR 60.258(c)]

(3) Within 60 days after the date of completing each performance evaluation conducted to demonstrate compliance with this subpart (40 

CFR part 60, subpart Y), the permittee must submit the test data to EPA by successfully entering the data electronically into EPA’s 

WebFIRE data base available at http://cfpub.epa.gov/oarweb/index.cfm?action=fire.main. For performance tests that cannot be 

entered into WebFIRE (i.e., Method 9 of appendix A-4 of 40 CFR part 60 opacity performance tests) the permittee must mail a 

summary copy to United States Environmental Protection Agency; Energy Strategies Group; 109 TW Alexander DR; mail code: 

D243-01; RTP, NC 27711.

[s. 285.65(13), Wis. Stats., 40 CFR 60.258(d)]
FID No. 230006260, Construction Permit No. 11-RSG-182 Page 13 of 16

ZZZ. Conditions Applicable to the Entire Facility.

Note: This section of permit 11-RSG-182 does not include all the requirements applicable to the facility.

Condition Type a. Conditions b. Compliance Demonstration, Recordkeeping and Monitoring Requirements

2. Construction Permit 

11-RSG-182 

Transitional 

Language

(1) Notifications. The permittee shall inform 

the Department of the following dates:

(a) The date construction commences on 

modified emission unit(s) addressed in 

this permit.

(b) The date the modified emission unit(s) 

becomes operational.

Note: For purposes of this permit, 

“operational” shall be defined as the first 

time of any process related air 

contaminant is emitted into the ambient 

air after modification.

[s. NR 439.03(1), Wis. Adm. Code]

(2) Construction Authorization 

Expiration. The Authorization to 

Construct, under Construction Permit 11-

RSG-182 expires 18 months after the 

date of issuance. Construction or 

modification and an initial operation 

period for equipment shakedown, testing 

and Department evaluation of operation 

to assure conformity with the permit 

conditions is authorized for each 

emissions unit covered in this permit. 

Please note that the sources covered by 

this permit are required to meet all 

 (1) Notifications. The permittee shall submit to the Department of Natural Resources, 

Southeast Region Air Program, Sturtevant Service Center in writing, within 15 days of 

the date the event, the following:

(a) (a) The date construction commences on dust control systems (C34, C35, C36) 

addressed in Permit 11-RSG-182.

( (b) The date the new dust collection systems (C34, C35, C36) become operational.

[s. NR 439.04(1)(d), Wis. Adm. Code]

(2) Emission Stack Testing. Upon completion of any required compliance emission 

tests of the emission units P34, P35 and P36, the permittee shall submit to the 

Department of Natural Resources, Southeast Region Air Program, Sturtevant Service 

Center two copies of the report on the tests for evaluation within 60 days of the date the 

tests were completed.

[s. NR 440.13(3)(b), Wis. Adm. Code, s. NR 439.07(9), Wis. Adm. Code, ss. 

285.65(3),(13), Wis. Stats.]

(3) Submittal of Compliance Testing Information and other updates. The permittee 

shall submit to the department any updates of the permit application. Updates are 

required if any changes that occur which are not specified or described in the plans 

and specifications dated October 12, 2011 (application received). The updates shall 

be made within 60 days of the date of the change. Other information to be submitted 

shall include the notification requirements and stack tests results. The continued 

operation of the modified emission units addressed in this construction permit are 

prohibited once the authorization to construct expires per Condition ZZZ.2.a.(2), 

unless any required updates have been submitted and the permittee has satisfied the 

notification requirements of Condition ZZZ.2.b.(1).

[s. NR 439.04(1)(d), Wis. Adm. Code]

(4) Submittal of Malfunction Prevention and Abatement Plan. The permittee shall 
FID No. 230006260, Construction Permit No. 11-RSG-182 Page 14 of 16

ZZZ. Conditions Applicable to the Entire Facility.

Note: This section of permit 11-RSG-182 does not include all the requirements applicable to the facility.

Condition Type a. Conditions b. Compliance Demonstration, Recordkeeping and Monitoring Requirements

emission limits and conditions contained 

in the permit at all times, including 

during the initial operation period. If 18 

months is an insufficient time period for 

construction or modification, equipment 

shakedown, testing and Department 

evaluation of operation, the permit 

holder may request and the Department 

may approve in writing an extension of 

this permit. The conditions of the 

construction permit are permanent, 

unless revised, superseded or revoked.

[ss. 285.60(1)(a)2. and 285.66(1), Wis. 

Stats., and s. NR 406.12, Wis. Adm. 

Code]

(3) Malfunction Prevention and 

Abatement Plan. The permittee shall update 

the facility’s Malfunction Prevention and 

Abatement Plan to include the operation and 

maintenance of the control equipment 

associated with the emission units P34, P35 

and P36 no later than 60 days after the date 

each unit becomes operational after 

modification.

[s. NR 439.11, Wis. Adm. Code]

(a)(4) Stack Testing.

All(a) All testing shall be performed while the 

submit a copy of the facility’s updated Malfunction Prevention and Abatement Plan 

to the Department within 60 days of being updated.

[ss. NR 439.04(1)(d) and NR 439.11(1)(h), Wis. Adm. Code]

(5) All submittals described in this permit shall be made in writing and include the 

name of the facility, the construction permit number and a description of the 

affected emission unit(s).

[s. NR 439.04(1)(d), Wis. Adm. Code]
FID No. 230006260, Construction Permit No. 11-RSG-182 Page 15 of 16

ZZZ. Conditions Applicable to the Entire Facility.

Note: This section of permit 11-RSG-182 does not include all the requirements applicable to the facility.

Condition Type a. Conditions b. Compliance Demonstration, Recordkeeping and Monitoring Requirements

emission unit is operating at capacity or as 

close to capacity as practicable. 

[s. NR 439.07(1), Wis. Adm. Code, s. 

285.65(3), Wis. Stats.]

(c) (b) For each process P34, P35 and P36, the 

Department shall be notified at least 20 

working (business) days prior to stack 

testing, so a Department representative can 

witness the testing. At the time of 

notification, a compliance emission test plan 

shall also be submitted to the Department for 

approval. When approved in writing, an 

equivalent test method may be substituted for 

the reference test method. The notification 

and test plan shall be submitted to the 

Wisconsin Department of Natural Resources, 

Southeast Region Air Program, Sturtevant

Service Center.

[s. NR 439.07(2), Wis. Adm. Code]

(b) (c) For each process P34, P35 and P36, the 

Department shall be informed at least 30 

working (business) days prior to stack testing

(required by 40 CFR Part 60, Subpart Y), so 

a Department representative can witness the 

testing. If after 30 days notice for an initially 

scheduled performance test, there is a delay 

in conducting the scheduled performance 

test, the permittee shall notify the 
FID No. 230006260, Construction Permit No. 11-RSG-182 Page 16 of 16

ZZZ. Conditions Applicable to the Entire Facility.

Note: This section of permit 11-RSG-182 does not include all the requirements applicable to the facility.

Condition Type a. Conditions b. Compliance Demonstration, Recordkeeping and Monitoring Requirements

Department as soon as possible of any delay 

in the original test date, either by providing 

at least 7 days prior notice of the rescheduled 

date of the performance test, or by arranging 

a rescheduled date with the Department by 

mutual agreement. At the time of 

notification, a compliance emission test plan 

shall also be submitted to the Department for 

approval. The notification and test plan shall 

be submitted to the Wisconsin Department of 

Natural Resources, Southeast Region Air 

Program, Sturtevant Service Center.

[s. NR 440.08(4), Wis. Adm. Code, s. 

285.65(3), Wis. Stats. ]

205598-2