### State of Wisconsin DEPARTMENT OF NATURAL RESOURCES 101 5. Webster Street Box 7921 Madison WI 53707-7921



### August II, 2014

Ms. Susan Hedman USEPA-Region V (R-19J) 77 West Jackson Boulevard Chicago IL 60604 Scott Walker, Governor Cathy Stepp, Secretary

Telephone 608-266-2621 Toll Free 1-888-936-7463 TIY Access via relay

. 711



### Subject: Wisconsin SIP Revision- Major Modification- AM

- 21- 12
Dear Ms. Hedman: WISCONSIN DEPT. OF NATURAL RESOURCES



### In a March 12,2014, the Wisconsin Department of Natural Resources (WDNR) requested EPA begin the state implementation plan (SIP) parallel processing procedure that would address EPA disapprovals in Federal Registers published on June 15, 2012 (77 FR 35870) and October 12,2012 (77 FR 65478). In those two Federal Register notices, EPA disapproved narrow portions of Wisconsin's SIP related to the definition of major modification and identification of NO, as a precursor to ozone under the Prevention of Significant Deterioration (PSD) penn it program. Additionally, EPA disapproved parts of Wisconsin's 2006 PM 2 . 5 

### infrastructure SIP related to identifying PM 25 

### precursors and PM 2 . 5 

### /PM 10 

### condensables in the PSD program.
The March 12 submittal supplied rulemaking information in DNR Board Order AM-21-12 which addressed EPA's major modification concerns, identified precursors for ozone and PM 2 . 5 , 

### and accounted for PM 25 

### /PM 10 

### condensables in the PSD program. The rule sections of AM-21-12 that addressed the deficiencies were:

o 

### NR 400.02(123m) and (124);

o 

### NR405.02(2I)(b)5.a. and b. and 6;

o 

### NR 405.02(25i)(a), (ag) and (ar);

o 

### NR 408.02(20)(e)5.a. and b. and 6.
At the time the Jetter was submitted, the provisions of AM-12-12 had not been published in Wisconsin Register and were not official. We worked with your staff to begin the SIP revision and it was understood that once these provisions were published in Wisconsin Register and became official, that we would supply EPA with a copy of the published rules to complete the parallel processing SIP revision. This information is included as attachments to this Jetter. We request EPA complete the rulemaking process for these rule sections.
In an April 15, 2014 submittal, WDNR supplied additional information regarding this SIP submittal by furnishing information on s. NR 404.02(27)(a)5m, Wis. Adm. Code which was· finalized in August 20 I I. We also request that EPA complete the rulemaking process for this rule section.
We appreciate the work completed by your staff in order to complete the work using the parallel processing SIP procedure in a timely manner. If you or your staff has any questions regarding this SIP revision, please contact Ralph Patterson at 608- 267-7546.
Sincere]

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# lr**~+6~** Director, Bureau of Air Management

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.

### cc: Andrea Morgan, USEPA-Region V(AR-18J), 77 West Jackson Boulevard, Chicago, lL 60604-3507 Ralph Patterson

- WDNR Kristin Hart

- WDNR Page 21 NR 400.02 DEPARTMENTOF NA

TURAL RESOURCES

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ficial? Register July 2014 No. 703 

## Chapter NR 400 AIR POLLUTION CONTROL DEFINITIONS

NR400.01 Applicability; purpose. NR 400.02 Definitions. NR 400.03 Units and abbreviations.

Note: Chapter 285 , Stats., directs the department of natural resources to organize a comprehensive program to enhance the quality , management and protection of the state’s air resources. Chapters NR 400 to 499 are the central part of that program. Chapter 285 , Stats., also addresses the role of county government in establishing local air pollution control programs in cooperation with the department. The objectives of these rules are to maintain standards of air quality at a level which will provide adequate protection to public health and welfare, and prevent detrimen

tal ef fects on property and our environment. Nothing in chs. NR 400 to 499 or in ch. 285 , Stats., prohibits a county or local juris

diction from adopting more restrictive ordinances where local conditions indicate their need. Chapters NR 400 to 499 , all or in part, may be adopted by reference by a county or municipality

. It is the department’ s policy to seek reasonable uniformity among local air pollu

tion control ordinances in order to make the statewide comprehensive program more effective and less complicated for all persons concerned. Chapters NR 400 to 499 are subject to periodic revision to reflect changing state and federal mandates, advancing control technology , increasing knowledge of the effect on human health of sub−acute long term exposure to air pollutants, and increased knowledge of

the ef fect of pollutants on plant life, animal life, soils and water resources. NR 400.01 Applicability; purpose. (1) A PPLICABILITY. This chapter applies to terms, units and abbreviations used in chs. NR 400 to 499 . In addition to the definitions in this chapter, other definitions may be included in individual chapters or sections in chs. NR 401 to 499 which are applicableto terms, units or abbrevi

ations used in those respective chapters or sections. If an individ

ual chapter or section defines a term which is also defined in this chapter , the definition contained in the individual chapter or sec

tion shall apply within that chapter or section, rather than the defi

nition in this chapter

. (2) P URPOSE. This chapter is adopted under ss. 285.11 and 285.13 , Stats., to establish a set of definitions for terms commonly used throughout chs. NR 400 to 499 . Individual chapters or sec

tions in chs. NR 401 to 499 may contain additional definitions for terms unique to an individual chapter or section or to a specified series of chapters. History: Cr

. Register, September, 1986, No. 369 , ef f. 10−1−86; am. Register, Feb

ruary, 1990, No. 410 , ef f. 3−1−90; am. (1), Register, April, 1995, No. 472 , ef f. 5−1−95; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, 1996, No. 492 ; am. (1) and (2), Register, March, 1997, No. 495 , ef f. 4−1−97. NR 400.02 Definitions. (1) “Acid rain allowance” or “allowance” means an authorization by the administrator under the acid rain program to emit up to one ton of sulfur dioxide during orafter a specified calendar year

. (2) “Acid rain phase I af fected unit” means any unit listed in T able A of 42 USC 7651c . These are: (a) W isconsin Power and Light — Edgewater generating sta

tion unit 4. (b) Dairyland Power Cooperative — Genoa generating station unit3. (c) W isconsin Power and Light — Nelson Dewey generating station units 1 and 2. (d) W isconsin Electric Power Company — North Oak Creek generating station units 1, 2, 3 and 4 and South Oak Creek generat

ing station units 5, 6, 7 and 8. (e) W isconsin Public Service Corporation — Pulliam generat

ing station unit 8. (3) “Acid rain program” means the national sulfur dioxide and nitrogen oxides air pollution control and emissions reductionpro
gram established in accordance with title IV of the Act ( 42 USC 7651 to 7651o ) and 40 CFR parts 72 to 78

. (4) “Acid rain provision” means any provision of an operation permitimplementing an applicable requirement of the acidrain program. (5) “Act” means the federal Clean Air Act, as defined in s. 285.01 (19) , Stats. (6) “Actual emissions” means the total emissions generated by a facility over a specified period of time taking into account any reductions made by a control device or technique. (7) “Actual operation” means, for purposes of nonmetallic mineral quarrying or

mining, the number of calendar days on which there is operation of any blasting, drilling or other move

mentor transfer of naturally occurring rock at a quarry or mine. (8) “Actual production” means, for purposes of nonmetallic mineral quarrying or mining, sales amount in tons of nonmetallic mineral as measured at the quarry or mine. (9) “Administrator” means the administrator of the EP A or designee. (10) “Affected source” means a stationary source that includes one or more af

fected units that are subject to an emissions reduction requirement or emissions limitation under the acid rain program. (11) “Affected unit” means an emissions unit that is subject to any emissions reduction requirement or emissions limitation under the acid rain program. (12) “Aircontaminant” has the meaning given in s. 285.01 (1) , Stats. (13) “Aircontaminant source” has the meaning given in s. 285.01 (2) , Stats. (14) “Aircurtain destructor” has the meaning given in s. 289.51 , Stats. (15) “Airpollutant” means an air contaminant as defined ins. 285.01 (1) , Stats. (16) “Airpollution” means the presence in the atmosphere of one or more air contaminants in such quantities and of such dura

tion as is or tends to be injurious to human health or welfare, ani

mal or plant life, or property, or would unreasonably interfere with the enjoyment of life or property

. (17) “Airpollution control permit” has the meaning given in s. 285.01 (4) , Stats. (18) “Airquality control region” or “AQCR” means an area designated under 42 USC 7407 or s. NR 404.03 in which a plan to maintain or achieve air standards is implemented on a regional basis. Air quality control regions include both interstate and intra

state regions. (19) “Airregion” means an area such as an AQCR designated pursuant to federal or W

isconsin laws in which a program to main

tain or achieve air standards is implemented on a regional basis. (19m) “Airstandard” or “ambient air quality standard” means the specified levels of air quality which are necessary to protect public health and welfare. Ambient air quality standards include primary and secondary air standards. (20) “Allocation of the available air resource” has the mean

ing designated in s. 285.01 (5) , Stats. (21) “Allowable emission” has the meaning given in s. 285.01 (7) , Stats.2

NR 400.02 WISCONSIN ADMINISTRA TIVE CODE

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ficial? Register July 2014 No. 703 (22) “Alternate designated representative” means a responsi

ble natural person, authorized by the owners and operators of an affected source and of all af fected units at the source to act in lieu of the designated representative, as evidenced by a certificate of representation submitted in accordance with 40 CFR 72.22 , who may act on behalf of the designated representative to represent and legally bind each owner and operator , as a matter of federal law , in matters pertaining to the acid rain program. (23) “Alternative method” means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method but which has been demonstrated to the depart

ment’s satisfaction to produce, in specific cases, results adequate forthe department’ s determination of compliance. (24) “Ambient air” means the portion of the atmosphere external to buildings and to which the general public has access. (25) “Ambient air increment” or “air increment” means the maximum allowable increase in concentration of an air contami

nant above the base line concentration of the air contaminant. (26) “Applicable requirement” means all of the following as they apply to emissions units at a source, including requirements thathave been promulgated or approved by EP A or the department through rulemaking at the time of permit issuance but for which compliance is required after the date of permit issuance: (a) Any standard or other requirement providedfor in the applicable implementation plan approved or promulgated by EP A through rulemaking in 40 CFR part 52

. (b) Any term or condition of any construction permit issued pursuant to ch. NR 405 , 406 or 408 or to regulations approved or promulgated by EP

A through rulemaking under title I of the Act ( 42 USC 7401 to 7515 ). (c) Any standard or other requirement under section 1 1 1 of the Act( 42 USC 741 1 ). (d) Any standard or other requirement under section 1 12 of the Act( 42 USC 7412 ). (e) Any standard or other requirement of the acid rain program. (f) Any requirements established pursuant to section 504 (b) orsection 1 14 (a) (3) of the Act ( 42 USC 7661c (b) or 7414 (a) (3)). (g) Any standard or other requirement governing solid waste incineration, under section 129 of the Act ( 42 USC 7429 ). (h) Any standard

or other requirement for consumer and com

mercial products, under section 183 (e) of the Act ( 42 USC 751 1b (e)). (i) Any standard or other requirement for tank vessels, under section 183 (f) of the Act ( 42 USC 751 1b (f)). (j) Any standard or other requirement of the regulations pro

mulgated to protect stratospheric ozone under title VI of the Act ( 42 USC 7671 to 7671q ), unless the administrator has determined thatthe requirements need not be contained in an operation per

mit. (k) Any national ambient air quality standard or increment or visibility requirement under part C of title I of the Act ( 42 USC 7470 to 7492 ). (L) Any emission limit or other requirement in ch. 285 , Stats., orchs. NR 400 to 499

. (m) Any source−specific emission limitation established pur

suant to ch. 285 , Stats., or rules promulgated thereunder

. (26m) “Application equipment” means a deviceused to apply adhesive, coating, ink or polyester resin materials. (27) “Approved” means approved by the department of natu

ral resources. (27m) “Approved material safety data sheet” means a mate

rial safety data sheet which meets the reporting requirements of the Superfund Amendments Reauthorization Act of 1986 ( 42 USC 9671 to 9675 ) or regulations of the occupational safety and health administration under 29 CFR 1910.1200 (g), as in ef fecton February 1, 1998. (28) “Baseline concentration” has the meaning given in s. 285.01 (1 1) , Stats. (29) “Basic emissions unit” means the smallest collection of equipment which in combination emits or is capable of emitting any air contaminant. (30) “Beltconveyor” means a conveying device that trans

ports material from one location to another by means of an endless beltthat is carried on a series of idlers and routed around a pulley ateach end. (31) “Bestavailable control technology” has the meaning given in s. 285.01 (12) , Stats. (32) “Biweekly” means any 14−day period of time. (33) “Boiler” means any device with an enclosed combustion chamber in which fuel is burned to heat a liquid for the primary purpose of producing heat or power by indirect heat transfer

. (34) “Breakdown” means a sudden failureof emission control oremission monitoring equipment to function as a result of wear , failure to repair, breakage, unavoidable damage, or other uninten

tional causes. (35) “Bucket elevator” means a conveying device for grain, minerals or other materials consisting of a head and foot assembly which supports and drives an endless single or double strand chain orbelt to which buckets are attached. (36) “Bulkgasoline plant” means a gasoline storage and dis

tribution facility which receives gasoline from bulk terminals, stores it in stationary storage tanks, and subsequently distributes it to gasoline dispensing facilities. (36m) “Business day” means any day except Saturday , Sunday or a state holiday as designated in s. 230.35 (4) (a) , Stats. (37) “Capacity” means, for purposes of nonmetallic mineral processing, the cumulative rated capacity of all initial crushers thatare part of a processing plant. (38) “Capture ef

ficiency” means the weight per unit time of an air contaminant entering a capture system and delivered to a control device divided by the weight per unit time of the air con

taminant generated by the source, expressed as a percentage. (39) “Capture system” means the equipment (including hoods, ducts, fans, etc.) used to contain, capture, or transport an aircontaminant to a control device. (40) “Coal” means all solid fuels classified as anthracite, bitu

minous, subbituminous or lignite by ASTM designation D388−99e1 (2004), incorporated by reference in s. NR 484.10 (7). (41) “Coal−derived

fuel” means any fuel, whether in a solid, liquid or gaseous state, produced by the mechanical, thermal or chemical processing of coal, such as pulverized coal, coal refuse, liquified or gasified coal, washed coal, chemically cleaned coal, coal−oil mixtures and coke. (42) “Coin−operated

dry cleaning machine” means a dry cleaning machine that is operated by the customer by placing arti

cles into the machine, turning the machine on, and removing arti

cles from the machine. (43) “Cold cleaning” means the batch process of cleaning and removing soils from metal surfaces by spraying, brushing, flush

ing or immersion while maintaining the solvent below its boiling point. W ipe cleaning is not included in this definition. (44) “Commence construction” means to engage in a program of on−site construction, including a site clearance, grading, dredg

ing or landfilling specifically designedfor a stationary source in preparation for the fabrication, erection or installation of the building components of the stationary source. (45) “Commence modification” means to engage in a pro

gram of on−site modification which may include site clearance, grading, dredging or landfilling in preparation for a specific modi

fication of a stationary source. (45m) “Contact adhesive” means an adhesive that is applied to 2 substrates, dried and mated under only enough pressure to result in good contact. The bond is immediate and suf ficiently3 NR 400.02 DEPARTMENTOF NA

TURAL RESOURCES

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ficial? Register July 2014 No. 703 strong to hold pieces together without further clamping, pressure orairing. (46) “Control device” means equipment used to destroy or remove air contaminants in a gas stream exiting a capture system priorto emission. (47) “Control ef

ficiency” means the percentage by which a control device or technique reduces the emissions from a station

ary source. (48) “Control system” means any number of control devices, including condensers, which are designed and operated to reduce the quantity of air contaminants emitted to the atmosphere. (49) “Conveyorized non−vapor degreasing” means the con

tinuous process of cleaning and removing soils from metal sur

faces by operating with non−vaporized solvents. (50) “Conveyorized vapor degreasing” means the continuous process of cleaning and removing soils from metal surfaces by operating with vaporized solvents. (51) “Crusher” means a machine used to crush any nonmetal

lic minerals, and includes, but is not limited to, the following types: jaw , gyratory , cone, roll, rod mill, hammermill and impac

tor. (52) “Day” means a 24−hour period beginning at midnight. (53) “Department” means the department of natural resources, state of W

isconsin. (54) “Designated representative” means a responsible natural person authorized by the owners and operators of an af fected source and of all af

fected units at the source, as evidenced by a cer

tificate of representation submitted in accordance with 40 CFR 72.20 to 72.25 , to represent and legally bind eachowner and oper

ator, as a matter of federal law , in matters pertaining to the acid rain program. (54m) “Digital printing” means the transfer of electronic files directly from a computer to an electronically driven output device thatprints the image directly on the selected substrate. Printing using home and

of fice equipment is excluded from this definition. (55) “Direct source” means any stationary source which may directly result in the emission of any air contaminant at a fixed location. Note: Examples are a foundry , a grain elevator , a gravel or stone quarry , a paper mill, a power plant or the demolition of a building. (56) “Emergency electric generator” means an electric gener

atorwhose purpose is to provide electricity to a facility if normal electrical service is interrupted and which is operated no more than 200 hours per year

. (57) “Emission” means a release, whether directly or indi

rectly, of any air contaminant to the atmosphere. (58) “Emission limitation” or “emission standard” has the meaning given in s. 285.01 (16) , Stats. (59) “Emission point” means any individual opening at a fixed location through which air contaminants are emitted. (60) “Emission reduction option” has the meaning given in s. 285.01 (17) , Stats. (61) “Emissions unit” means any part of a stationary source which emits or is capable of emitting any air contaminant. (62) “Equivalent method” means any method of sampling and analyzing for an air pollutant which has been demonstrated to the department’s satisfaction to have a consistent and quantitatively known relationship to the reference method, under specified con

ditions. (63) “Facility” means an establishment—residential, com

mercial, institutional or industrial—which emits or causes emis

sions of air contaminants. (64) “Federally enforceable” means all limitations and condi

tions which are enforceable by the administrator , including those requirements developed pursuant to chs. NR 440 and 447 to 449 and subch. III of ch. NR 446and under sections 1 1 1 and 1 12 of the Act(42 USC 741 1 and 7412 ), requirements within any applicable state implementation plan and any permit requirements estab

lished pursuant to ch. NR 405 , 406 , 407 , 408 , or 409 except those limitations andconditions which are designated as not federally enforceable. Note: Permit or state implementation plan limitations generally considered feder

ally enforceable are limitations on the allowable capacity of the equipment, require

ments for the installation, operation and maintenance of pollution control equipment, limits on hours of operation and restrictions on amounts of materials combusted, stored or produced. T

o be federally enforceable, restrictions on operation, production or emissions must reflect the shortest practicable time period, in no event for a period in excess of 30 days, and

they must be tied to other enforceable operating restrictions at the source. General limitations on potential to emit, such as yearly limits in tons peryear, by themselves, are not considered federally enforceable. The use of hourly, daily, weekly or monthly rolling averages are generally acceptable. Any federally enforceable limitations or conditions must be practically enforceable, ensure contin

uous compliance with the restrictions and include adequate testing, monitoring and recordkeeping procedures in an applicable federally issued permit, in a federally approved state implementation plan or in a permit issued under the state implementa

tion plan. (65) “Fixed capital cost” means the capital needed to provide all of the depreciable components of a stationary source. (66) “Fixed plant” means any nonmetallic mineral processing plantat which the processing equipment is attached or clamped by acable, chain, turnbuckle, bolt or other means, except electrical connections, to any anchor , slab or structure including bedrock. (66m) “Forest County Potawatomi Community Class I area” or“FCPC Class I area” means those land parcels of the Forest County Potawatomi Reservation that are designatedas a non−fed

eral Class Iarea by EP

A under 40 CFR 52.2581 . The FCPC Class I area has ageographic center , as determined by the department, at latitude 45.49978 ° N, longitude 88.64377 ° W. (67) “Fossil fuel” means natural gas, petroleum, coal or any form of solid, liquid or gaseous fuel derived from such material. (68) “Fossil fuel−fired” means the combustion of fossil fuel orany derivative of fossil fuel, alone or in combination with any otherfuel, without regard to the percentage of fossil fuel con

sumed in any calendar year

. (69) “Fuel” means any solid, liquid or gaseous materials used to produce useful heat or power by burning. (70) “Fuel oil” means any petroleum−based fuel, including diesel fuel or petroleum derivatives such as oil tar , as defined in ASTM D396−02a, incorporated by reference in s. NR 484.10 (8), and any recycled or blended petroleum products or petroleum by− products used as a fuel whether in a liquid, solid or gaseous state. (71) “Fugitive emission” means an emission from any emis

sion point within a facility other than a flue or stack. (72) “Gasoline” means any petroleum distillate or petroleum distillate/alcohol blend having a Reid vapor pressure of 27.6 kilo

pascals or greater which is used as a fuel for internal combustion engines. (73) “Gasoline dispensing facility” means any site where gas

oline is dispensed to motor vehicle gasoline tanks from stationary storage tanks. (73m) “General permit” means a permit that may be applica

ble to similar stationary sources and is issued in accordance with s. 285.60 (3) , Stats. (74) “Graphic arts” means any printing operations described by 2−digit major group 27 in the Standard Industrial Classification Manual, 1987, incorporated by reference in s. NR 484.05 (1). (74m) “Greenhouse gases” or “GHG” means an air pollutant thatis the aggregate of carbon dioxide (CO 2 ), methane (CH 4 ), nitrous oxide (N 2 O), sulfur hexafluoride (SF 6 ), hydrofluorocar

bons (HFCs), and perfluorocarbons (PFCs). (75) “Grinding mill” means a machine used for the wet or dry fine crushing of any nonmetallic mineral. Grinding mills include, butare not limited to, the following types: hammer , roller , rod, pebble and ball, and fluid energy . The grinding mill includes the airconveying system, air separator or air classifier , where such systems are used. (76) ”Halogenated hazardous air pollutant compound” or “halogenated HAP compound” means methylene chloride (CAS4

NR 400.02 WISCONSIN ADMINISTRA TIVE CODE

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ficial? Register July 2014 No. 703 no. 75−09−2),

perchloroethylene (CAS no. 127−18−4), tri

chloroethylene (CAS no. 79−01−6), 1,1,1−trichloroethane (CAS no. 71−55−6),

carbon tetrachloride (CAS no. 56−23−5) or chlo

roform (CAS no. 67−66−3). (77) “Halogenated hazardous air pollutant solvent” or “halo

genated HAP solvent” means any solvent that contains a haloge

nated HAP compound or a combination of halogenated HAP com

pounds, in a total concentration greater than 5% by weight. The concentration of these compounds in the solvent may be deter

mined using Method 18 of Appendix A, 40 CFR part 60 , incorpo

rated by reference in s. NR 484.04 (16), material safety data sheets orengineering calculations. (78) “Hazardous air pollutants listed under section 1 12(b) of the act” means the federally regulated air pollutants included in the list in section 1 12(b)(1) of the Act ( 42 USC 7412 (b)(1)) as revised by 40 CFR part 63 Subpart C. (79) “Heat input” means the total gross calorific value per unit of time of all fuels being burned, where gross calorific value of a fuel is measured by ASTM Method D240−02, D1826−94 or D5865−04, incorporated by reference in s. NR 484.10 (4), (26) and (55g). Where the test method gives a higher and a lower heat

ing value, heat input is calculated in Btu per hour using the higher heating value of the fuel. (80) “Highway” has the meaning given it in s. 340.01 (22) , Stats. (81) “Hour” means any 3,600 second period. (82) “Implementation plan” means a plan adopted to imple

ment, maintain and enforce air standards within the state, an air region, or a portion of the state or region. (83) “Incinerator” means acombustion apparatus designed forhigh temperature operation in which solid, semisolid, liquid, orgaseous combustible wastes are ignited and burned to produce solid and gaseous residues containing little or no combustible material. (84) “Increase in the net amount of emissions” has the same meaning as the phrase “net emissions increase” which is defined in s. NR 405.02 (24)

. (85) “Indirect source” means any stationary source which attracts or may attract mobile source activity or on which mobile source activity is conducted, thus resulting in the indirect emis

sions of any air contaminant, at or on the indirect source itself, attributable to the motor vehicles or the mobile source activity

. Such indirect sources include, but are not limited to highways and roads; parking facilities; retail, commercial and industrial facili

ties; recreation, amusement, sports and entertainment facilities; airports, bus terminals and train stations; of fice and government buildings; and educational facilities. (85m) “Industrial cleaning operations” means the process of cleaning products, product components, tools, equipment or gen

eral work areas during production, repair , maintenance or servic

ing with solvents or solvent solutions. (86) “Industrial sand mine” means any mine, pit or quarry to which the standard industrial classification (SIC) category num

ber1446 applies. The SIC category for a source is determined by reference to the Standard Industrial Classification Manual, 1987, which is incorporated by reference in s. NR 484.05 (1). (87) “Infectious waste” has the meaning given in s. 287.07 (7) (c) 1. c. , Stats. Note: For more detailed information on what the department treats as infectious waste, see subch. II of ch. NR 526

. (88) “Intersection” has the meaning given in s. 340.01 (25) , Stats. (89) “Kraftpulp” means any pulp produced with an alkaline sulfide solution containing sodium hydroxide and sodium sulfide fora cooking liquor

. (90) “Laboratory” means a facility or portion of a multi−use facility which does not produce a product for regular commercial use or sale and which is used primarily for scientific or technical experimentation or observation of matter for the purpose of research, development, quality assurance, analysis or teaching. (91) “Ledge rock quarry” means any open pit to which the standard industrial classification (SIC) category number 141 1, 1422, 1423, or 1429 applies where drilling and blasting is required to extract the nonmetallic mineral. The SIC category for a source is determined by reference to the Standard Industrial Classifica

tion Manual, 1987, which is incorporated by reference in s. NR 484.05 (1). (92) “Light−duty

trucks” means any motor vehicles rated at 3864 kilograms (8500 pounds) gross weight or less which are designed primarily for the purpose of transporting goods and materials, or derivatives of such vehicles. (93) “Lowest achievable emission rate” has the meaning given in s. 285.01 (23) , Stats. (93m) “Maintenance cleaning” means an activity carried out to keep general work areas, tools, machinery or equipment, excluding application equipment, in clean and goodoperational condition. (94) “Malfunction” means any sudden failure of air pollution control equipment

or process equipment or of a process to operate in a normal or usual manner . Failures that are caused entirely or in part by poor maintenance, careless operation or any other pre

ventable upset condition or preventable equipment breakdown are not malfunctions. (95) “Maximum theoretical emissions” means the quantity of aircontaminants that theoretically could be emittedby a station

ary source without control devices based on the design capacity ormaximum production capacity of the source. When determin

ing annual maximum theoretical emissions, a source shall be pre

sumed to operate 8,760 hours per year unless its physical design precludes 8,760 hours of operation per year . Where a source’ s physical design restricts the number of hours it may operate, annual maximum theoretical emissions shall be calculated taking this restriction into account. In determining the maximum theoretical emissions of VOCs for a source, the design capacity or maximum production capacity shall include the use of raw materi

als, coatings and inks with the highest VOC content used in prac

tice by the source. In determining the maximum theoretical emis

sions of a hazardous air contaminant for a source, the design capacity or maximum production capacity shall include the use of raw materials, coatings, inks and fuels withthe highest hazardous aircontaminant content used in practice by the source. Realistic operating conditions shall be taken into account in determining emissions under this subsection. (96) “Metropolitan county” means a county which has been designated as either a metropolitan statistical area or a primary metropolitan statistical area by the federal of fice of management and budget in Metropolitan Areas, 1993, incorporated by refer

ence in s. NR 484.05 (3). Note: The 20 W

isconsin counties which have been so designated are the counties of Brown, Calumet, Chippewa, Dane, Douglas, Eau Claire, Kenosha, La Crosse, Marathon, Milwaukee, Outagamie, Ozaukee, Pierce, Racine, Rock, Sheboygan, St. Croix, W ashington, W

aukesha and W

innebago. (97) “Minorsource” means any stationary source which is not amajor source. Note: Definitions for “major source” which apply in dif ferent situations are given in ss. NR 405.02 (22) , 407.02 (4) , 408.02 (21) , 460.02 (24) , 468.20 (2) (L) and 468.30 (2) (g)

. (98) “Mobile source” means any motor vehicle, vessel, air

craftor equipment other than a semistationary source which is capable of emitting any air contaminant while moving or idling on the ground or in the water . Mobile sources include automobiles, motorcycles, trucks, buses, snowmobiles, motorboats, steam

ships, earthmoving equipment, locomotives and aircraft. (99) “Modification” means any physical change in, or change in the method of operation of, a stationary source that increases the amount of emissions of an air contaminant or that results in the5 NR 400.02 DEPARTMENTOF NA

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ficial? Register July 2014 No. 703 emission of an air contaminant not previously emitted. A modifi

cation does not

include any changes identified in s. NR 406.04 (4)

. (102) “Motorvehicle” or “vehicle” means every self− propelled device, except railroad trains, by which any person or property is or may be transported or drawn upon a highway

. (103) “Municipality” has the meaning given it in s. 285.01 (28) , Stats. (104) “Natural gas” means a naturally occurring fluid mixture of hydrocarbons containing little or no sulfur such as methane, ethane or propane, produced in geological formations beneath the earth’s surface, and maintaining a gaseous state at standard atmos

pheric temperature and pressure conditions. (105) “New direct or

portable source” means a direct or porta

ble source, the construction or modification of which is com

menced after April 1, 1972, or the ef fective date of promulgation of an emission limit which applies. (107) “Nitrogen oxides” or “NO x ” means all oxides of nitro

gen except nitrous oxide. (107m) “Non−atomized flow” means the use of solvent or solvent solution in the form of a liquid stream without atomization to remove uncured adhesives, uncured inks, uncured coatings or contaminants from an article. (108) “Nonattainment area” has the meaning given in s. 285.01 (30) , Stats. (109) “Nonmetallic mineral” means any of the following minerals or any mixture of which more than half the weight is any combination of the following minerals: (a) Crushed and broken stone, including limestone, dolomite, granite, traprock, sandstone, quartz, quartzite, marl, marble, slate, shale, oil shale and shell. (b) Sand and gravel. (c) Clay including kaolin, fireclay , bentonite, Fuller ’ s earth, Ball clay and common clay

. (d) Rock salt. (e) Gypsum. (f) Sodiumcompounds, including sodium carbonate, sodium chloride and sodium sulfate. (g) Pumice. (h) Gilsonite. (i) T alc and pyrophyllite. (j) Boron, including borax, kernite and colemanite. (k) Barite. (L) Fluorospar

. (m) Feldspar

. (n) Diatomite. (o) Perlite. (p) V ermiculite. (q) Mica. (r) Kyanite, including andalusite, sillimanite, topaz and dumortierite. (110) “Nonmetallic mineral processing plant” means any combination of equipment that is used to crush or grind any non

metallic mineral wherever located, including but not limited to lime plants, power plants, steel mills, asphalt concrete plants and portland cement plants. (111) “Opacity” means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. Note: 20% opacity is equal to one unit on the Ringlemann Chart. (112) “Open top vapor degreasing” means the batch process of cleaning and removing soils from metal surfaces by condensing hotsolvent vapor on the colder metal parts. (113) “Operator” means any person who leases, controls, operates or supervises a facility , an air contaminant source, or air pollution control equipment. (114) “Organic compound” means a compound of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates and ammonium carbonate. (115) “Overall emission reduction ef ficiency” means the weight per unit time of an air contaminant removed by a control device divided by the weight per unit time of the air contaminant generated by the source, expressed as a percentage. (116) “Ozone” means an allotropic form of oxygen found in the atmosphere which is a photochemical oxidant that oxidizes compounds not readily oxidizedby oxygen alone; ozone is a sec

ondary pollutant resulting from the conversion of oxygen in the presence of sunlight and such precursors as volatile organic com
pounds and nitrogen oxides. (117) “Ozone season” means the period from May 1 through September 30 of any year

. (118) “Particulate” or “particulate matter” means any air

borne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers. (119) “Particulate matter emissions” means all finely divided solid or liquid material, other than uncombined water , emitted to the ambient air as measured by an applicable reference method or an equivalent or alternative method specified by the department. (120) “Parts per million” or “ppm” means parts of a contami

nant per million parts of gas by volume. (121) “Performance test” means measurements of emissions orother procedures used for the purpose of determining com

pliance with a standard of performance. (122) “Permit” means any air pollution control permit issued by the department under s. 285.60 , Stats. (123) “Person” means any individual, corporation, company , cooperative, operator , tenant, lessee, syndicate, partnership, co− partnership, firm, association, trust, estate, public or private insti

tution, joint stock company , political subdivision of the state of Wisconsin, state agency , interstate agency , federal agency , or any legal successor , representative, agent or agency of the foregoing. (123e) “PM 2.5 ” means particulate matter with an aerody

namic diameter less than or equal to a nominal 2.5 micrometers as measured in the ambient air by a reference method based on Appendix L of 40 CFR part 50 , incorporatedby reference in s. NR 484.04 (6g), and designated in accordance with 40 CFR part 53 , incorporated by reference in s. NR 484.03 (5), or by an equivalent method. (123m) “PM 2.5 emissions” means PM 2.5 emitted to theambi

entair as measured by an applicable reference method or an equiv

alentor alternative method specified by the department. PM 2.5 emissions include filterable emissions and gaseous emissions from a source or activity that condense to form particulate matter atambient temperatures. (123s) “PM 10 ” means particulate matter with an aerody

namic diameter less than or equal to a nominal 10 micrometers as measured in the ambient air by a reference method based on Appendix J of 40 CFR part 50 , incorporated by reference in s. NR 484.04 (5), and designated in accordance with 40 CFR part 53 , incorporated by reference in s. NR 484.03 (5), or by an equivalent method. (124) “PM 10 emissions” means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10 micrometers, emitted to the ambient air as measured by an applicable reference method or an equivalent or alternative method specified by the department. PM 10 emissions include fil

terable emissions and gaseous emissions from a source or activity thatcondense to form particulate matter at ambient temperatures.6

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ficial? Register July 2014 No. 703 (125) “Portable plant” means, with reference to any nonme

tallic mineral processing plant, any plant that is mounted on any chassis or skids and may be moved by the application of a lifting orpulling force. In addition, there may be no cable, chain, turn

buckle, bolt or other means, except electrical connections, by which any piece of equipment is attached or clamped to any anchor, slab or structure, including bedrock, that would have to be removed prior to the application of a lifting or pulling force for the purpose of transporting the unit. (126) “Portable source” means any facility , installation, operation or equipment which may directly result in the emission of any air contaminant only while at a fixed location but is capable of being transportedto a dif ferent location. A portable source is a type of direct stationary source. Note: Examples are a portable asphalt plant, a portable package boiler or a porta

ble air curtain destructor

. (127) “Potential to emit” means the maximum capacity of a stationary source to emit any air contaminant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air contaminant, including air pollution control equipment and restrictions on hours of operation oron the type or

amount of material combusted, stored or pro

cessed, shall be treated as part of its design if the limitation is enforceable by the administrator

. (128) “Process line” means one or more actions or unit opera

tions which must function simultaneously or in sequence in order to manufacture or modify a product. Note: For example, a spray booth, conveyor and drying oven are considered a pro

cess line. (129) “Reasonably available control technology” or “RACT” means that which provides the lowest emission rate that a particu

larsource is capable of achieving by the application of control technology that is reasonably available considering technological and economic feasibility . Such technology may previously have been applied to similar , but not necessarily identical, source cate

gories. (130) “Reconstruction” means the removal of components of astationary source and the substitution of those components with similarnew components to such an extent that the fixed capital costof the new components exceeds 50% of the fixed capital cost thatwould be required to construct a comparableentirely new sta

tionary source. The

term “reconstruction” does not apply to minor orindirect sources. (131) “Reference method” means any method of sampling and analyzing for an air pollutant as described in Appendix A of 40 CFR part 60 , Appendix B of 40 CFR part 61 or Appendix A of 40 CFR part

63 , incorporated by reference in s. NR 484.04 (13), (23), and (25). (131m) “Registration permit” means a permit that may be applicable to stationary sources with low actual or potential emis

sions and is issued in accordance with s. 285.60 (2g) , Stats. (132) “Relocation” means the removal of a stationary source from one location and the siting of the stationary sourceat a differentlocation. (133) “Remediation” means the removal of a contaminant from a solid or liquid material. (133e) “Remote reservoir cleaner” means a cleaning device in which solvents or solvent solutions are pumped from a con

tainerto a sink−like work area and the solvents or solvent solu

tions from the sink−like area drain into an enclosed container while parts are being cleaned. (133m) “Repair cleaning” means a cleaning operation or activity carried out during a repair process. (133s) “Repair process” means the process of returning a damaged object or an object not operating properly to good oper

ating condition. (134) “Replacement of a source” means the physical disman

tling of a stationary source and the substitution of that source with astationary source which is similar in operating capacity and function. (135) “Residual fuel oil” means an industrial fuel oil of grade No. 4, 5 or 6, as determined by the specifications in ASTM D396−02a, incorporated by reference in s. NR 484.10 (8). (136) “Responsible of

ficial” means one of the following: (a) For a corporation, one of the following: 1. A president, secretary , treasurer or vice−president of the corporation in charge of a principal business function. 2. Any other person who performs similar policy or decision− making functions for the corporation. 3. A duly authorized representative of a person listed in subd. 1. or 2. if the representative is responsible for the overall operation of one or more manufacturing, production or operating facilities applying for or subject to a permit and the representative is approved in advance by the department. (b) For a partnership or sole proprietorship: a general partner orthe proprietor , respectively

. (c) For a municipality , or a state, federal or other public agency: either a

principal executive of

ficer or ranking elected official. For the purposes of this paragraph, a principal executive officerof a federal agency includes the chief executive of ficer having responsibility for the overall operations of a principal geographic unitof the agency , for example, a regional administrator of EP A. (d) Notwithstanding pars. (a) , (b) and (c) , for af fected sources, the designated representative. (137) “Ringlemann Chart” means the chart published by the U.S. bureau of mines in which are illustrated graduated shades of grey to black

for use in estimating the shade or density of smoke. Note: One unit on the Ringlemann Chart equals 20% opacity . The Ringlemann Chart is publishedas Figure 1 in “Fundamentals of Smoke Abatement,” December 1950, bureau of mines Information Circular 7588, which is incorporated by reference in s. NR 484.06 (2)

. (138) “Road” means the entire width between boundary lines of any way open to the public for vehicular travel. (139) “Roadway” has the meaning given it in s. 340.01 (54) , Stats. (140) “Rolling 12 month average” means, with reference to only ledge rock quarries andindustrial sand mines, a monthly average calculated each month by adding the total actual produc

tion of the preceding 12 calendar months, and dividing the total by 12. If a new quarry has been in existence for less than 12 calen

darmonths, then the average shall be calculated by adding the total actual production since initial operation, and dividing the total by the number of calendar months subsequent to and includ

ing the month of initial operation. (141) “Screening operation” means a device for separating material according to size by passing undersize material through one or more mesh surfaces, screens or similar surfaces in series, and retaining oversize material on the mesh surfaces, screens or similarsurfaces. Screening operation includes any grizzly , rotat

ing screen or deck type screen. Screening operation does not include washers that are designed to remove unwanted or unnec

essary material from the product. (142) “Secretary” means the secretary of the department of natural resources, state of W isconsin. (143) “Semistationary source” means any facility , operation orequipment that has the capability of emitting any air contami

nant while moving, but generally does not emit while moving. Note: Examples are diesel cranes, air compressors and electric generators such as those used at construction sites. (144) “Shutdown” means the cessation of operation of a director portable source or of emission control equipment.7 NR 400.02 DEPARTMENTOF NA

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ficial? Register July 2014 No. 703 (145) “Smoke” means all products of combustion of sufficientdensity to be observable, including but not limited to carbon, dust, fly ash, and other particles, but not including uncombined water. (146) “Solvent” means organic materials which are liquid at standard conditions and which are used as dissolvers, viscosity reducers, or cleaning agents. (147) “Stack” means any device or opening designed or used to emit air contaminants to the ambient air

. (148) “Standard conditions” means a temperature of 20 ° C (293 K, 68 ° F) and a pressure of 760 millimeters of mercury (101.3 kPa, 29.92 in Hg). (149) “Standard industrial classification code” or “SIC code” means the series of codes which classify facilities according to the type of economic activity in which they are engaged, as described in the Standard Industrial Classification Manual, 1987, incorpo

rated by reference in s. NR 484.05 (1). (150) “Standard pressure” means a pressure of 760 millime

ters of mercury (29.92 inches of mercury). (151) “Standard temperature” means a temperature of 20 ° C (68 ° F). (152) “Startup” means the setting in operation of a facility or its emission control equipment for any purpose which produces emissions. (153) “Stationary source” has the meaning given in s. 285.01 (41) , Stats. (154) “Storage bin” means a facility for storage, including surge bins, for nonmetallic minerals prior to further processing or loading. (155) “Technological infeasibility” means incapable of being accomplished or carried out as a matter of practicality; i.e., techni

cally impracticable rather than technically impossible. (156) “Temperature sensor” means a thermometer or thermo

couple used to measure temperature. (157) “Thermal evaporation unit” means any device which uses temperatures greater than 140 ° F to assist in evaporating organic compounds from soil or water

. (158) “Threshold limit value” means the airborne concentra

tion of substances, which represents exposure conditions under which it is believed that nearly all workers may be repeatedly exposed to day after day without adverse health ef fects. (159) “Total reduced sulfur” or “TRS” means the sum of any sulfurcontaining compounds in which the oxidationstate of sulfur is less than zero. Note: Common examples of such compounds are hydrogen sulfide, carbonyl sul

fide, dimethyl sulfide, carbon disulfide, dimethyl disulfide and mercaptans. (160) “Transfer point” means a point in a conveying opera

tion where a nonmetallic mineral is transferred to or from a belt conveyor except

where the nonmetallic mineral is being trans

ferred to a stockpile from a belt conveyor

. (161) “Uncombined water” means water not chemically or physically bound to another materials. (162) “Volatile organic compound” or “VOC” means any organic compound which participates in atmospheric photochem

ical reactions. This includes any such organic compound other than the following compounds, which have been determined to have negligible photochemical reactivity: (a) Organic compounds excluded for all purposes: 1. Methane. 2. Ethane. 3. Methylene chloride (Dichloromethane). 4. 1,1,1−T

richloroethane (Methyl chloroform). 5. T richlorofluoromethane (CFC−1 1). 6. Dichlorodifluoromethane (CFC−12). 7. Chlorodifluoromethane (HCFC−22). 8. T rifluoromethane (HFC−23). 9. 1,1,2−T

richloro−1,2,2−trifluoroethane (CFC−1 13). 10. 1,2−Dichloro−1,1,2,2−tetrafluoroethane (CFC−1 14). 1 1. Chloropentafluoroethane (CFC−1 15). 12. 1,1,1−T

rifluoro−2,2−dichloroethane (HCFC−123). 13. 2−Chloro−1,1,1,2−tetrafluoroethane (HCFC−124). 14. Pentafluoroethane (HFC−125). 15. 1,1,2,2−T

etrafluoroethane (HFC−134). 16. 1,1,1,2−T

etrafluoroethane (HFC−134a). 17. 1,1−Dichloro−1−fluoroethane (HCFC−141b). 18. 1−Chloro−1,1−difluoroethane (HCFC−142b). 19. 1,1,1−T

rifluoroethane (HFC−143a). 20. 1,1−Difluoroethane (HFC−152a). 21. Parachlorobenzotrifluoride (PCBTF). 22. Cyclic, branched or linear completely methylated silox

anes. 23. Acetone. 24. Perchloroethylene (T etrachloroethylene). 25. 3,3−Dichloro−1,1,1,2,2−pentafluoropropane (HCFC− 225ca). 26. 1,3−Dichloro−1,1,2,2,3−pentafluoropropane (HCFC− 225cb). 27. 1 ,1,1,2,3,4,4,5,5,5− Decafluoropentan e ( HFC 43−10mee). 28. Difluoromethane (HFC−32). 29. Ethylfluoride (HFC−161). 30. 1,1,1,3,3,3−Hexafluoropropane (HFC−236fa). 31. 1,1,2,2,3−Pentafluoropropane (HFC−245ca). 32. 1,1,2,3,3−Pentafluoropropane (HFC−245ea). 33. 1,1,1,2,3−Pentafluoropropane (HFC−245eb). 34. 1,1,1,3,3−Pentafluoropropane (HFC−245fa). 35. 1,1,1,2,3,3−Hexafluoropropane (HFC−236ea). 36. 1,1,1,3,3−Pentafluorobutane (HFC−365mfc). 37. Chlorofluoromethane (HCFC−31). 38. 1−Chloro−1−fluoroethane (HCFC−151a). 39. 1,2−Dichloro−1,1,2−trifluoroethane (HCFC−123a). 40. 1,1,1, 2,2,3,3,4,4−Nonafluoro−4−methoxybutane (C 4 F 9 OCH 3 o r H FE−7100). 41. 2− (Difluoromethoxymethyl)−1,1,1,2,3,3,3−heptafluoropropane ((CF 3 ) 2 CFCF 2 OCH 3 ). 42. 1−Ethoxy−1, 1,2,2,3,3,4,4,4−nonafluorobutane (C 4 F 9 OC 2 H 5 o r H FE−7200). 43. 2−(Ethoxydifluoromethyl)−1,1,1,2,3,3,3−heptafluoro

propane ((CF 3 ) 2 CFCF 2 OC 2 H 5 ). 44. Methyl acetate. 45. 1,1,1,2,2,3,3−heptafluoro−3−methoxy−propane (n−C 3 F 7 OCH 3 or HFE−7000). 46. 3−Ethoxy−1,1,1,2,3,4,4,5,5,6,6,6−dodecafluoro−2−(tri

fluoromethyl) hexane (HFE−7500). 47. 1,1,1,2,3,3,3−Heptafluoropropane (HFC 227ea). 48. Methyl formate (HCOOCH 3 ). 49. 1,1,1,2,2,3,4,5,5,5−decafluoro−3−methoxy−4−trifluoro

methyl−pentane

(C 2 F 5 CF(OCH 3 )CF(CF 3 ) 2 or HFE−7300). 50. Perfluorocarbon compounds which fall into the following classes:
a. Cyclic, branched or linear completely fluorinated alkanes. b. Cyclic, branched or linear completely fluorinated ethers with no unsaturations. c. Cyclic, branched or linear completely fluorinated tertiary amines with no unsaturations. d. Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.8

NR 400.02 WISCONSIN ADMINISTRA TIVE CODE

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ficial? Register July 2014 No. 703 51. Dimethyl carbonate (C 3 H 6 O 3 ). 52. Propylene carbonate (C 4 H 6 O 3 ). (b) The following compound is subject to all recordkeeping, emissions reporting, photochemical dispersion modeling, inven

tory requirements andemissions fees which apply to VOCs and shall be uniquely identified in emission reports, but is not consid

ered a VOC for purposes of VOC emissions limitations or VOC content requirements: t−butyl acetate. Note: The test methods used to measure VOC are specified in s. NR 439.06 (3)

. (163) “Year” or “yearly” means any consecutive 12−month period of time. Note: For a complete history of s. NR 400.02 from September 1, 1986, through August31, 2000, see the History note following s. NR 400.02 published in Register November2010, No. 659

. History: Cr

. (36m), Register, August, 2000, No. 536 , ef f. 9−1−00; cr . (45m), Register, January , 2001, No. 541 , ef f. 2−1−01; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2001, No. 541 ; CR 02−146 : am. (40), (70), (79) and (135) Register October 2003 No. 574 , ef f. 1 1−1−03; CR 02−097 : am. (95), cr. (162) (wm), renum. NR 445.02 (1) to be NR 400.02 (27m) Register June 2004 No. 582 , ef f. 7−1−04; CR 01−081 : am (64) Register September 2004 No. 585 , ef f 10−1−04; CR 03−066 : renum. NR 404.02 (2) to be (19m) Register May 2005 No. 593 , ef f. 6−1−05; CR04−107 : cr . (73m) and(131m) Register August 2005 No. 596 , ef f. 9−1−05; CR 04−106 : am (64) Register November 2005 No. 599 , ef f. 12−1−05; CR 05−055 : renum. (162) (a) to be (a) 1., cr . (162) (a) (intro.) and45. to 48. and (162) (b), renum. (162) (b) to (y) to be (162) (a) 2. to 44. and am. 40. and 42., renum. (162) (z) to be (162) (a) 49. Register December 2005 No. 600 , ef f. 1−1−06; CR 07−040 : renum. (162) (a) 49. to be (162) (a) 50., cr . (162) (a) 49. Register April 2008 No. 628 , ef f. 5−1−08; CR 10−012 : cr

. (162) (a) 51. and 52. Register September 2010 No. 657 , ef f. 10−1−10; CR 10−048 : cr

. (66m) Register November 2010 No. 659 . ef f. 12−1−10; CR 10−050 : (123e), (123s) renum. from NR 404.02 (4e), (4m) and am., am. (40), (70), (79), (135), cr . (123m) Register November 2010 No. 659 , ef f. 12−1−10; EmR1046 : emerg. cr . (74m), ef

f. 12−15−10; CR 10−144 : cr . (74m) Register August 201 1 No. 668 , ef f. 9−1−1 1; CR 1 1−005 : cr . (26m), (54m), (85m), (93m), (107m), (133e), (133m), (133s) renum. from 423.02 (1), (8), (8L), (8t), (9c), (9n), (9r) Register Jan

uary 2012 No. 673 , ef

f. 2−1−12; correction in (64) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675 ; CR 13−070 : r . (101), (106), am. (123m), (124) Register July 2014 No. 703 , eff. 8−1−14. NR 400.03 Units and abbreviations. Abbreviations and symbols of units of measure used in chs. NR 400 to 499 are defined as follows: (1) System international (SI) units of measure: (a) “A” — ampere (am) “g” — gram (b) “Hz” — hertz (bm) “J” — joule (c) “K” — degree Kelvin (cm) “kg” — kilogram (d) “kPa” — kilo pascal (1.0 kPa = 0.15 psia) (dm) “m” — meter (e) “m 2” — square meter (em) “m 3” — cubic meter (f) “mg” — milligram—10 −3 gram (fm) “Mg” — megagram—10 6 gram (g) “mm” — millimeter—10 −3 meter (gm) “mol” — mole (h) “MW” — megawatt (hm) “MW

e” — megawatt electrical (i) “N” — newton (im) “ng” — nanogram—10 −9 gram (j) “nm” — nanometer—10 −9 meter (jm) “Pa” — pascal (k) “s” — second (km) “V” — volt (L) “W” — watt (Lm) “ μ g” — microgram—10 −6 gram (m) “ Ω ” — ohm (2) Other units of measure: (a) “Btu” — British thermal unit (am) “ ° C” — degree Celsius (centigrade) (b) “cc” — cubic centimeters (bm) “cfm” — cubic feet per minute (c) “Ci” — curie (cm) “d” — day (d) “dcf” — dry cubic feet (dm) “dcm” — dry cubic meters (e) “dscf” — dry cubic feet at standard conditions (em) “dscm” — dry cubic meters at standard conditions (f) “eq” — equivalent (fm) “ ° F” — degree Fahrenheit (g) “ft” — foot (gm) “ft 2 ” — square feet (h) “ft 3 ” — cubic feet (hm) “gal” — gallon (i) “gr” — grain (im) “hr” — hour (j) “in” or ′′

— inch (jm) “in Hg” — inches of mercury (k) “in H 2 O” — inches of water (km) “l” — liter (L) “lb” — pound (Lm) “lpm” — liter per minute (m) “mil” — 10 −3 in (mm) “min” — minute (n) “ml” — milliliter — 10 −3 liter (nm) “mmBtu” — million Btu (ns) “MPH” — miles per hour (o) “mrem” — millirem — 10 −3 rem (om) “oz” — ounce (p) “pCi” — picocurie — 10 −12 curie (pm) “ppm” or “ppmv” — parts per million (by volume) (q) “psia” — pounds per square inch absolute (qm) “psig” — pounds per square inch gauge (r) “ ° R” — degree Rankine (rg) “tpy” — tons per year (rm) “v/v” — volume per volume (s) “yd 2 ” — square yards (sm) “yr” — year (t) “ μ l” — microliter—10 −6 liter (tm) “ μ m” — micrometer—10 −6 meter (micron) (3) Chemical nomenclature: (a) “Be” — beryllium (b) “CdS” — cadmium sulfide (c) “CO” — carbon monoxide (d) “CO 2 ” — carbon dioxide (e) “HCl” — hydrochloric acid (f) “Hg” — mercury (g) “H 2 O” — water (h) “H 2 S” — hydrogen sulfide (i) “H 2 SO 4 ” — sulfuric acid (j) “N 2 ” — nitrogen (k) “NO” — nitric oxide (L) “NO 2 ” — nitrogen dioxide (m) “NO x ” — nitrogen oxides (n) “O 2 ” — oxygen (o) “Pb” — lead (om) “SF 6 ” — sulfur hexafluoride (p) “SO 2 ” — sulfur dioxide (q) “SO 3 ” — sulfur trioxide (r) “SO x ” — sulfur oxides (4) Miscellaneous:8−1 NR 400.03 DEPARTMENTOF NA

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ficial? Register July 2014 No. 703 (a) “API” — American Petroleum Institute, 1220 L Street NW , Washington DC 20005 (am) “AQCR” — air quality control region (b) “ASME” — American Society of Mechanical Engineers, 22 Law Drive, Fairfield, NJ 07007−2900 (bm) “ASTM” — American Society for T

esting and Materials, 100 Barr Harbor Drive, W est Conshohocken, P

A 19428−2959 (c) “avg” — average (cm) “BACT” — best available control technology (cs) “CAS no.” — Chemical Abstracts Service registry num

ber (d) “CEM” — continuous emission monitor (dg) “CERCLA” — federal comprehensive environmental response, compensation and liability act (dm) “CFC” — chlorofluorocarbon (e) “CFR” — code of federal regulations (em) “DOE” — United States department of energy (f) “EP A” — United States environmental protection agency (fm) “FC” — fluorocarbon (g) “FR” — federal register (gm) “GACT” — generally available control technology (go) “GHG” — greenhouse gases (gs) “HAP” — hazardous air pollutant (h) “HCFC” — hydrochlorofluorocarbon (hm) “HFC” — hydrofluorocarbon (i) “I.D.” — inside diameter (im) “LAER” — lowest achievable emission rate (j) “MACT” — maximum achievable control technology (jm) “MSDS” — material safety data sheet (js) “NESHAP” — national emission standards for hazardous airpollutants (k) “O.D.” — outside diameter (ke) “OSHA” — United States occupational safety and health administration (kg) “PFC” — perfluorocarbon (ki) “PM 2.5 ” — particulate matter with an aerodynamic diam

eter< 2.5 μ m (km) “PM 10 ” — particulate matter with an aerodynamic diam

eter  10  m (ks) “PSD” — prevention of significant deterioration (L) “RACT” — reasonably available control technology (Lm) “rpm” — revolutions per minute (m) “SIC” — standard industrial classification (mm) “TRS” — total reduced sulfur (n) “TSP” — total suspended particulates (nm) “USC” — United States Code (o) “VOC” — volatile organic compound (om) “  ” — greater than or equal to (p) “ ” — less than or equal to (pm) “%” — percent (q) “  ” — plus or minus History: Cr

. Register, April, 1995, No. 472 , ef f. 5−1−95 ; am. (2), Register, December, 1995, No. 480 , ef f. 1−1−96; correction made under s. 13.93 (2m) (b) 1., Stats., Register, December , 1995, No. 480 ; cr . (4) (cs) and (gs), Register, March, 1997, No. 495 , ef

f. 4−1−97; cr . (4) (ke), Register, September , 1997, No. 501 , ef f. 10−1−97; cr . (2) (ns), (r g), (4) (dg) and (ks), Register, October , 1999, No. 526 , ef f. 11−1−99; CR 05−040 : cr. (4) (js) Register February 2006 No. 602 , ef f. 3−1−06; CR 10−050 : cr . (4) (ki) Register November 2010 No. 659 , ef f. 12−1−10; EmR1046 : emerg. cr. (3) (om), (4) (go), (kg), ef f. 12−15−10; CR 10−144 : cr. (3) (om), (4) (go), (kg) Register August 201 1 No. 668 , ef f. 9−1−1 1.17 NR 405.02 DEPARTMENTOF NA

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## Chapter NR 405 PREVENTION OF SIGNIFICANT DETERIORA TION

NR405.01 Applicability; purpose. NR 405.02 Definitions. NR 405.025 Methods for calculation of increases in actual emissions. NR 405.03 Restrictions on area classifications. NR 405.04 Exclusions from increment consumption. NR 405.05 Redesignation. NR 405.06 Stack heights. NR 405.07 Review of major stationary sources and major modifications —

source applicability and exemptions. NR 405.08 Control technology review

. NR 405.09 Source impact analysis. NR 405.10 Air quality models. NR 405.1 1 Air quality analysis. NR 405.12 Source information. NR 405.13 Additional impact analyses. NR 405.14 Sources impacting federal Class I areas — additional requirements. NR 405.15 Public participation. NR 405.16 Source obligation. NR 405.17 Innovative control technology

. NR 405.18 Plant−wide applicability limitations (P ALs). NR 405.19 Forest County Potawatomi Class I area.

NR 405.01 Applicability; purpose. (1) A PPLICABILITY. The provisions of this chapter apply to the construction of any new majorstationary source or any project at an existing major station

ary source located in an area designated as attainment or unclassi

fiable. (2) P URPOSE. The purpose of this chapter is to establish, pur

suant to s. 285.60 , Stats., the requirements and procedures for reviewing and issuing air pollution control construction permits to any new major stationary source andany project at an existing majorstationary source located in an area designated as attain

mentor unclassifiable. Note: Throughout the proposed rule, changes have been made which result in the provisions of this PSD rule dif fering from 40 CFR 51.166 , the federal regulation on which it is based. In this rule, the term “air contaminant” is substituted for the term “pollutant” in the federal regulation and “department” for “the State”, “the Governor” and “reviewing authority”. The federal definition for “building, structure, facility or installation” is applied to the phrase “facility, building, structure, equipment, vehicle or action” – a similar term which appears in W isconsin’ s statutory provisions on air pollution. In addition, cross references in the federal regulation have been changed in the rule to comparable provisions in W isconsin’ s rule (e.g., “ 40 CFR Parts 60 and 61 ” has been changed to “chs. NR 440 and 447 to 449 and subch. IV of ch. NR 446 ”). Eliminatedfrom the rule are provisions of the federal regulations which do not apply to the state’ s PSD program (i.e., provisions governing EP A approval of plan revi

sions). History: Cr

. Register, January, 1987, No. 373 , ef f. 2−1−87; correction in (2) made unders. 13.93 (2m) (b) 7., Stats., Register, December , 1996, No. 492 ; CR 03−1 18 : am. (1) and (2), Register June 2007 No. 618 , ef f. 7−1−07. NR 405.02 Definitions. The definitions contained in ch. NR 400 apply to the terms used in this chapter . In addition, the following definitions apply to the terms used in this chapter: (1) “Actual emissions” means the actual rate of emissions of aregulated NSR air contaminant from an emissions unit, as deter

mined in accordance with pars. (a) to (c) , except that this defini

tion does not apply for calculating whether a significant emissions increase has occurred, or for establishing a P AL under s. NR 405.18

. Instead, subs. (2m) and (25f) shall apply for those pur

poses. (a) In general, actual emissions as of a particular date shall equal the average rate, in tons per year , at which the unit actually emitted the air contaminant during a consecutive 24−month period which precedes the particular date and which is representa

tive of normal source operation. The department shall allow the use of a dif

ferent time period upon a

determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit’ s actual operating hours, production rates, and types of materials processed, stored, or combusted dur

ing the selected time period. (b) The department may presume that source−specific allow

able emissions for

the unit are equivalent to the actual emissions of the unit. (c) For any emissions unit that has not begun normal opera

tions on the particular date, actual emissions shall equal the poten

tial to emit of the unit on that date. (2) “Allowable emissions” means the emissions rate of a sta

tionary source calculated using the maximum rated capacity of the source, unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both, and the most stringent of the following: (a) The applicable standards as set forth in chs. NR 440 and 445 to 449 and under sections 1 1 1 and 1 12 of the Act ( 42 USC 7411 and 7412 ). (b) The applicable emissions limitations, as set forth in chs. NR 400 to 499

. (c) The emissions rate specified as a federally enforceable per

mitcondition. (2m) “Baseline actual emissions” means the rate of emis

sions, in tons per year , of a regulated NSR air contaminant, as determined in accordance with pars. (a) to (d)

. (a) For any existing electric utility steam generating unit, base

line actual emissions means the average rate, in tons per year , at which the unit actually emitted the air contaminant during any consecutive 24−month period selected by the owner or operator within the 5−year periodimmediately preceding when the owner oroperator begins actual construction of the project. The depart

mentshall allow the use of a dif ferent time period upon a deter

mination that it is more representative of normal source operation. 1. The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shut

downs and malfunctions. 2. The average rate shall be adjusted downward to exclude any emissions in excess of an emission limitation that was legally enforceable during the consecutive 24−month period. 3. For a regulated NSR air contaminant, when a project involves multiple emissions units, only one consecutive 24−month

period may be used to determine the baseline actual emissions for

the emissions units being changed. A dif ferent con

secutive 24−month period may be used for each regulated NSR air contaminant. 4. The average rate may not be based on any consecutive 24−month

period for which there is inadequate information for determining annual emissions, in tons per year , or for adjusting this amount if required by subd. 2. (b) For an existing emissions unit, other than an electric utility steam generating unit, baseline actual emissions means the aver

age rate, in tons per year , at which the emissions unit actually emitted the air

contaminant during any consecutive 24−month period selected by the owner or operator within the 10−year period immediately preceding either the date the owner or operator begins actual construction of the project, or , the date a complete permitapplication is received by the department for a permit required under ch. NR 406 or for a permit revision under ch. NR18

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ficial? Register July 2014 No. 703 407 , whichever is earlier , except that the 10−year period may not include any period earlier than November 15, 1990. 1. The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shut

downs and malfunctions. 2. The average rate shall be adjusted downward to exclude any emissions in excess of an emission limitation that was legally enforceable during the consecutive 24−month period. 3. The average rate shall be adjusted downward to exclude any emissions that wouldhave exceeded an emission limitation with which the major stationary source must currently comply , had the major stationary source been required to comply with the limitation during the consecutive 24−month period. However , if an emission limitation is part of a maximum achievable control technology standard that the administrator proposed or promul

gated under 40 CFR part 63 , the baseline actual emissions need only be adjusted if the state has taken credit for the emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of s. NR 408.06 (9)

. 4. For a regulated NSR air contaminant, when a project involves multiple emissions units, only one consecutive 24−month

period may be used to determine the baseline actual emissions for

the emissions units being changed. A dif ferent con

secutive 24−month period may be used for each regulated NSR air contaminant. 5. The average rate may not be based on any consecutive 24−month

period for which there is inadequate information for determining annual emissions, in tons per year , or for adjusting this amount if required by subds. 2. and 3. (c) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of the unit shall equal zero; andthereafter , for all other purposes, shall equal the unit’ s potential to emit. (d) For a P

AL for a stationary source, the baseline actual emis

sions shall be calculated for existing electric utility steam generat

ing units in accordance with the procedures contained in par

. (a) , forother existing emissions units in accordance with the proce

dures contained in par

. (b) , and for a new emissions unit, in accordance with the procedures contained in par

. (c)

. (3) “Baseline area” means any intrastate area, and every part thereof, designated as attainment or unclassifiable under section 107 (d) (1) (D) or (E) of the Act ( 42 USC 7407 (d) (1) (D) or (E)) in which the major source or major modification establishing the minorsource baseline date would construct or would have an air quality impact equal to or greater than 1  g/m 3 (annual average) of the air contaminant for

which the minor source baseline date is established. Area redesignations under section 107 (d) (1) (D) or (E) of the Act cannot intersect or be smaller than the area of impact of any major stationary source or major modification whicheither establishes a minor source baseline date or is subject to this chap

ter. (4) (a) “Baseline concentration” means that ambient con

centration level which exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is determined for each air contaminant for which a minor source baseline date is established and shall include: 1. The actual emissions representative of sources in existence on the applicable minor source baseline date, except as provided in par
. (b)

. 2. The allowable emissions of major stationary sources which commenced construction before the major source baseline date, butwere not in operation by the applicable minor source baseline date. (b) The following will not be included in the baseline con

centration and will af

fect the applicable maximumallowable increases: 1. Actual emissions from any major stationary source on which construction commencedafter the major source baseline date. 2. Actualemissions increases and decreases at any stationary source occurring after the minor source baseline date. (6) “Begin actual construction” means, in general, initiation of physical on−site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are notlimited to, installation of building supports and foundations, laying of underground pipework and construction of permanent storage structures. W

ith respect to a change in method of opera

tion, this term refers to those on−site activities, other than prepara

tory activities, which mark the initiation of the change. (7) “Bestavailable control technology” or “BACT” means an emissions limitation, including a visible emissions standard, based on the maximum degree of reduction for each air contami

nant subject to regulation under the Act which would be emitted from any proposed major stationary source or major modification which the department, on a case−by−case basis, taking into account energy , environmental, and economic impacts, and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including clean fuels, fuel cleaning or treatment or innovative fuel combination techniques for control of the air contaminant. In no event may application of best avail

able control technology result in emissions of any air contaminant which would exceed the emissions allowed by any applicable standard under

chs. NR 440 and 445 to 449 and under sections 1 11 and 1 12 of the Act

(42 USC 741 1 and 7412 ). Emissions from any source utilizing clean fuels or any other means to comply with this subsection may not be allowed to increase above the levels that would have been required under this subsection as it existed prior to enactment of the 1990 clean air Act amendments on November 15, 1990. If the department determines that technological or eco

nomic limitations on the application of measurement methodol

ogy to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work prac

tice, operational standard or combination thereof, may be pre

scribed instead to satisfy the requirement for the application of bestavailable control technology . The standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. (8) “Building, structure, facility or installation” or “facility , building, structure, equipment, vehicle or action” means all of the activities which emit or may emit a regulated NSR air contami

nant, belong to the same industrial grouping, are located on one ormore contiguous or adjacent properties, and are under the con

trol of the same person, or persons under common control, except the activities of any vessel. Regulated NSR air contaminant emit

ting activities shall be considered as part of the same industrial grouping if they are classified under the same 2−digit major group as described in the Standard Industrial Classification Manual, 1987, incorporated by reference in s. NR 484.05

. (8m) “Clean coal technology” means any technology , includ

ing technologies applied at the precombustion, combustion, or postcombustion stage, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxideor oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam, which was not in wide

spread use as of November 15, 1990. (8s) “Clean coal technology demonstration project” means a project using funds appropriated under the heading ‘Department of Energy−Clean Coal T

echnology’, up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar

projects funded through appropriations for the U.S. environmental protection agency . The federal contribu

-19 NR 405.02 DEPARTMENTOF NA

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ficial? Register July 2014 No. 703 tion for a qualifying project shall be at least 20% of the total cost of the demonstration project. (9) “Commence” as applied to construction of a major station

ary source or major modification means that the owner or operator has all necessary preconstruction approvals or permits and has done one of the following: (a) Begun, or caused to begin, a continuous program of actual on−site construction of the source, to be completed within a rea

sonable time. (b) Entered into binding agreements or contractual obliga

tions, which cannot be canceled or modified without substantial loss to the owner or operator , to undertake a program of actual construction of the source to be completed within a reasonable time. (10) “Complete” means, in reference to an application for a permit, that the application contains all the information necessary forprocessing the application. Designating an application com

plete for purposes of permit processing does not preclude the department from requesting or accepting any additional informa

tion. (11) “Construction” means any physical change or change in the method of operation, including fabrication, erection, installa

tion, demolition, or modification of an emissions unit, which would result in a change in emissions. (11c) “Continuous emissions monitoring system” or “CEMS” means all of the equipment that may be required to meet the data acquisition and availability requirements of this chapter , to sample, condition if applicable, analyze and provide a record of emissions on a continuous basis. (11e) “Continuous emissions rate monitoring system” or “CERMS” means the total equipment required for the determina

tion and recording of the air contaminant mass emissions rate in terms of mass per unit of time. (11j) “Continuous parameter monitoring system” or “CPMS” means all of the equipment necessary to meet the data acquisition and data availability requirements of this chapter to monitor pro

cess and control device operational parameters, and to record average operational parameter values on a continuous basis. Note: Process andcontrol device operational parameters include secondary volt

ages and electric currents, and other information, such as gas flow rate, O 2 or CO 2 concentrations. (11m) “Electric utility steam generating unit” means any steam electric generating unit that is constructed for the purpose of supplying more than one−third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam− electric generator that would produce electrical energy for sale is also considered in determining the electrical ener gy output capac

ity of the af

fected facility

. (12) “Emissions unit” means any part of a stationary source which emits or would have the potential to emit any regulated NSR air contaminant and includes an electric utility steam gener

ating unit. For purposes of this chapter , there are 2 types of emis

sions units described as follows: (a) A new emissions unit is any emissions unit which is or will be newly constructed and which has existed for less than 2 years from the date the emissions unit first operated. (b) An existing emissions unit is any emissions unit that does not meet the requirements in par

. (a)

. Notwithstanding par

. (a) , a replacement unit, as defined in sub. (25k) , is an existing emissions unit. (13) “Federal land manager” means, with respect to any lands in the United States, the secretary of thedepartment with authority over such lands. (15) “Fugitive emissions” means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. (16) “High terrain” means any area having an elevation 900 feetor more above the base of the stack of a source. (17) “Indian governing body” means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possess

ing power of self−government. (18) “Indian reservation” means any federally recognized res

ervation established by treaty , agreement, executive order , or act of congress. (19) “Innovative control technology” means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of

achieving at least comparable reductions atlower cost in terms of ener gy , economics, or nonair quality envi

ronmental impacts. (20) “Low terrain” means any area other than high terrain. (20m) “Lowest achievable emission rate” or “LAER” has the meaning given in s. NR 408.02 (19)

. (21) “Majormodification” means any physical change in or change in the method of operation of amajor stationary source thatwould result in a significant emissions increase of a regulated NSR air contaminant and a significant net emissions increase of thatair contaminant from the major stationary source. (a) Any significant emissions increase from any emissions units or net

emissions increase at a major stationary source that is significant for volatile organic compounds shall be considered significant for ozone. (b) A physical change or change in the method of operation does not include any of the following: 1. Routine maintenance, repair and replacement. 2. Use of an alternative fuel or raw material by reason of any order under sections 2 (a) and (b) of the Federal Energy Supply and Environmental Coordination Act of 1974 ( 15 USC 791 to 798 ) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act ( 16 USC 791ato 828c ). 3. Use of an alternative fuel by reason of an order or rule under section 125 of the Act ( 42 USC 7425 ). 4. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste. 5. Use of an alternative fuel or raw material by a stationary source when one of the following applies:
a. The source was capable of accommodating the alternative fuel or raw material before January 6, 1975, unless the change would be prohibited under any federally enforceable permit con

dition which

was established after January 6, 1975 pursuant to this chapter or ch. NR 406 or 408 or under an operation permit issued pursuant to ch. NR 407 , or pursuant to a permit issued under 40 CFRPart 51 Appendix S, 40 CFR 52.21 , or regulations approved pursuant to 40 CFR Part 51 subpart I. b. The source is approved to use the alternative fuel or raw material under any permit issued under this chapter or ch. NR 406 , 407 , or 408 , or pursuant to a permit issued under 40 CFR Part 51 Appendix S, 40 CFR 52.21 , or regulations approved pursuant to 40 CFR Part 51 subpart I. 6. An increase in the hours of operation or in the production rate, unless the change would be prohibitedunder any federally enforceable permit condition which was established after January 6, 1975 pursuant to this chapter , ch. NR 406 , or 408 or under an operation permit issuedpursuant to ch. NR 407 , or pursuant to a permitissued under 40 CFRPart 51 Appendix S, 40 CFR Part 52.21 , or regulations approved pursuant to 40 CFR Part 51 subpart I. 7. Any change in ownership at a stationary source. 8. The installation, operation, cessation of operation or removal of a temporary clean coal technology demonstration20

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ficial? Register July 2014 No. 703 project, provided that the project complies with both of thefollow

ing: a. The state implementation plan. b. Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. 9. The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the poten

tial to emit of any regulated air contaminant emitted by the unit. This exemption shall apply on a pollutant−by−pollutant basis. 10. The reactivation of a very clean coal−fired electric utility steam generating unit. (c) This definition does not apply with respect to a particular regulated NSR air contaminant when the major stationary source is complying with the requirements under s. NR 405.18 for a P AL forthat air contaminant. Instead, the definition at s. NR 405.18 (2) (e) shall apply

. (21m) “Major source baseline date” means: (a) In the case of particulatematter and sulfur dioxide, January 6, 1975. (b) In the case of nitrogen dioxide, February 8, 1988. (22) (a) “Major stationary source” means: 1. Any of the following stationary sources of air contaminants which emits, or has the

potential to emit, 100 tons per year or more of any air contaminant subject to regulation under the Act: Fossil fuel fired steam electric plants of more than 250 million British thermal units per hour heat input, coal cleaning plants (with ther

mal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduc

tion plants, primary copper smelters, municipal incinerators capa

ble of char

ging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants (which does not include ethanol production facilities that produce ethanol by natu

ral fermentation, as described by the 6−digit code of 312140 or 325193 in the North American Industry Classification System United States, 2007, incorporated by reference in s. NR 484.05 (17)), fossil fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input, petro

leum storage and transfer units with a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiberprocessing plants, and charcoal production plants. 2. Notwithstanding the stationary source size specifiedin subd. 1. , any stationary source which emits, or has the potential to emit, 250 tons per year or more of any air contaminant subject to regulation under the act. 3. Any physical change that would occur at a stationary source not otherwise qualifying under this subsection as a major stationary source, if the change would constitute a major station

ary source by itself. (b) A major source that is major for volatile organic com

pounds shall be considered major for ozone. (c) V olatile organic compounds exclude the compounds listed under s. NR 400.02 (162) unless the compound is subject to an emission limitation under chs. NR 440 and 447 to 449 and subch. IV of ch. NR 446

. (d) Mobile source emissions indirectly causedby a source which attracts mobile source activity may not be considered in determining whether the source is a major stationary source for the purposes of this chapter

. (22m) (a) “Minor source baseline date” means the earliest date after the trigger date on which the owner or operator of a majorstationary source or a major modification subject to 40 CFR 52.21 or to regulations approved pursuant to 40 CFR 51.166 sub

mits a complete application under the relevant regulations. The triggerdate is: 1. In the case of particulate matter and sulfur dioxide, August 7, 1977. 2. In the case of nitrogen dioxide, February 8, 1988. (b) The minor source baseline date is established for each air contaminant for which increments or other equivalent measures have been established if: 1. The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under section 107 (d) (1) (D) or (E) of the Act ( 42 USC 7407 (d)(1)(D) or (E)) for the air contaminant on the date of its complete application under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166

. 2. In the case of a major stationary source, the air contaminant would be emitted in significant amounts or , in the case of a major modification, there would be a significant net emissions increase of the air contaminant. (23) “Necessary preconstruction approvals or permits” means those permits or

approvals required under chs. NR 400 to 499

. (24) (a) “Net emissions increase” means, with respect to any regulated NSR air contaminant emitted by a major stationary source, the amount by which the dif ference between the sum of emission increases and the sum of emission decreases of the fol

lowing exceeds zero: 1. The increase in emissions from a particular physical change or changein the method of operation at a stationary source as calculated pursuant to the methods contained in s. NR 405.025

. 2. Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this sub

division shall be determined as provided in sub. (2m) , except that sub. (2m) (a) 3. and (b) 4. do not apply

. (b) An increase or decrease in actual emissions is contempora

neous with the increase from the particular change only if it occurs between the following: 1. The date 5 years before construction on the particular change commences. 2. The date that the increase from the particular change occurs. (c) An increase or decrease in actual emissions is creditable only if all of the following are satisfied: 1. It is contemporaneous with the particular change. 2. The department has not relied on it in issuing a permit for the source under this chapter andthe permit is in ef

fect when the increase in actual emissions from the particular change occurs. (d) An increase or decrease in actual emissions of sulfur diox

ide, nitrogen oxides or particulate matter measured as PM 10 which occurs before the applicable minor source baseline date is credit

able only if it is required to be considered in calculating the amount of maximum allowable increases remaining available. (e) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level. (f) A decrease in actual emissions is creditable only to the extent that all of the following are satisfied: 1. Theold level of actual emissions or the old level of allow

able emissions, whichever is lower , exceeds the new level of actual emissions. 2. It is enforceable as a practical matter at and after the time thatactual construction on the particular change begins. 3. It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change. (g) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit an air contaminant. Any21 NR 405.02 DEPARTMENTOF NA

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ficial? Register July 2014 No. 703 replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. (h) Section NR 405.02 (1) (a) does not apply for determining creditable increases and decreases. (24j) “Plant−wide

applicability limitation” or “P AL” means an emission limitation expressedin tons per year , for a regulated NSR air contaminant at a major stationary source, that is enforce

able as a practical matter

and established source−wide in accord

ance with s. NR 405.18

. (25) “Potential to emit” means themaximum capacity of a sta

tionary source to emit

an air contaminant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit an air contaminant, including air pollution control equipment and restrictions on hours of operation oron the type or amount of material combusted, stored, or pro

cessed, shall be treated as part of its design if the limitation or the effectit would have on emissions is federally enforceable. Secon

dary emissions do not count in determining the potential to emit of a stationary source. (25b) “Predictive emissions monitoring system” or “PEMS” means all of the equipment necessary to monitor process and con

trol device operational parameters andto calculate and record the mass emissions rate on a continuous basis. Note: Process andcontrol device operational parameters include secondary volt

ages and electric currents, and other information, such as gas flow rate, O 2 or CO 2 concentrations. (25d) “Prevention of significant deterioration program” or “PSD program” means a major source preconstruction permit program that has been approved by the administrator and incorpo

rated into the state implementation plan to implement the require

ments of 40 CFR 51.166 . Any permit issued under a PSD program is a major NSR permit. (25e) “Project” means a physical change in, or change in method of operation of, an existing major stationary source. (25f) (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 datethe unit resumes regular operation afterthe 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 emis

sions unit’ s capacity or

potential would result in a significant net emissions increase, “projected actual emissions” means the maxi

mum annual rate, in tons per year , at which an existing emissions unitis 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. (b) 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: a. Consider

all relevant information, including historical operational data, the company’ s own representations, the compa

ny’s expected business activity and the company’ s highest projec

tions of business activity , the company’ s filings with the state or federal regulatory authorities and compliance plans under the approved state implementation plan. b. Include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns and malfunctions. 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 follow

ing 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 unre
lated to the particular project, including any increased utilization due to product demand growth. (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. (25)

. (25g) “Reactivation of a very clean coal−fired electric utility steam generating unit” means any physical change or change in the method of operation associated with the commencement of commercial operations by a coal−firedutility unit after a period of discontinued operation where the unit meets all of the following criteria: (a) It has not

been in operation for the 2−year period prior to the enactment of the clean air Act amendments of 1990 on November 15, 1990, and the emissions from the unit continue to be carried in the department’ s emissions inventory at the time of enactment. (b) It was as equipped prior to shutdown with a continuous sys

temof emissions control that achieves a removal ef ficiency for sulfurdioxide of

no less than 85% and a removal ef ficiency for particulates of no less than 98%. (c) It is equipped with low−NO x burners prior to the time of commencement of operations following reactivation. (d) It is otherwise in compliance with the requirements of the act. (25i) “Regulated NSR air contaminant” means all of the fol

lowing: (a) Any air contaminant

for which a national ambient air qual

ity standard has been promulgated. (ag) PM2.5 emissions and PM 10 emissions. As defined in s. NR 400.02 (123m) and (124) , respectively , these terms include filter

able emissions and gaseous emissions from a source or activity which condense to form particulate matter at ambient tempera

tures. (ar) Any air contaminant that is identified under this paragraph as a precursor to an air contaminant for whicha national ambient air quality standard has been promulgated by the EP A, or that the EPA has determined to be a constituent or precursor to an air con

taminant for which a national ambient air quality standard has been promulgated by the EP A. The precursors identified by the administrator are as follows: 1. V olatile organic compounds and nitrogen oxides are pre
cursors to ozone in all attainment and unclassifiable areas. 2. Sulfur dioxide is a precursor to PM 2.5 in all attainment and unclassifiable areas. 3. Nitrogen oxides are precursors to PM 2.5 in all attainment and unclassifiable areas, unless the department demonstrates to the administrator ’ s satisfaction or the EP A demonstrates that emissions of

nitrogen oxides from sources in a specific area are nota significant contributor to the area’ s ambient PM 2.5 con
centrations. (b) Any air contaminant that is subject to any standard promul

gated under section 1 1 1 of the Act ( 42 USC 741 1 ). (c) Any Class I or II substance subject to a standard promul

gated under or established by title VI of the Act ( 42 USC 7671 to 7671q ). (d) Any air contaminant that otherwise is subject to regulation under the Act; except that any or all hazardous air pollutants either listed in section 1 12 of the Act ( 42 USC 7412 ) or added to the list pursuant to section 1 12(b)(2) of the Act ( 42 USC 7412 (b)(2)), which have not been delisted pursuant to section 1 12(b)(3) of the Act( 42 USC 7412 (b)(3)), are not regulated NSR air contaminants unless the listed hazardous air pollutant is also regulated as a con

stituent or precursor of a general air contaminant listed under sec

tion 108 of the Act ( 42 USC 7408 ). (25k) “Replacement unit” means an emissions unit for which all the criteria listed in pars. (a) to (d) are met. No creditable emis

sion reductions may be generatedfrom shutting down the existing emissions unit that is replaced.22

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ficial? Register July 2014 No. 703 (a) The emissions unit is a reconstructed unit within themean
ing of s. NR 400.02 (130) , or the emissions unit completely takes the place of an existing emissions unit. (b) The emissions unit is identical to or functionally equivalent to the replaced emissions unit. (c) The replacement does not change any of the basic design parameters of the process line. (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. (25m) (a) “Repowering” means replacement of an existing coal−fired boiler with one of the following clean coal technolo

gies: atmospheric or pressurized fluidized bed combustion, inte

grated gasification combined cycle, magnetohydrodynamics, directand indirect coal−fired turbines, integrated gasification fuel cells, or as determined by the administrator , in consultation with the federal secretary of ener gy , a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boileror generation ef

ficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990. (b) Repowering shall also include any unit fired by oil or gas orboth which has been awarded clean coal technology demon

stration funding as of January 1, 1991, by the federal department of energy. (c) The department shall give expedited consideration to per

mitapplications for any source that satisfies the requirements of this subsection and is granted an extension under section 409 of the Act ( 42 USC 7651h ). (25s) “Representative actual annual emissions” means the average rate, in tons per year , at which the source is projected to emita pollutant for the 2−year period after aphysical change or change in the method of operation of a unit, or a dif ferent consecu

tive 2−year period within 10 years after that change, where the department determines that such period is more representative of normal source operations, considering the ef fectany such change will have on increasing or decreasing the hourly emissions rate and on projected capacity utilization. In projecting future emis

sions the department shall: (a) Consider all relevant information, including but not limited to, historical operational data, the company’ s own representa

tions, filings with the state or federal regulatory authorities, and compliance plans under title IV of the act. (b) Exclude, in calculating any increase in emissions that results from the particular physical change or change in the method of operation at an electric utility steam generating unit, thatportion of the unit’ s emissions following the change that could have been accommodated during the representative base

line period and is attributable to an increase in projectedcapacity utilization at the unit that is unrelated to the particular change, including any increasedutilization due to the rate of electricity demand growth for the utility system as a whole. (26) “Secondary emissions” means emissions which occur as aresult of the construction or operation of a major stationary source or major modification, but do not come from the major sta

tionary source or major modification itself. For the purposes of this chapter , secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions fromany of fsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major sta

tionary source or major

modification. Secondary emissions do notinclude any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel. (27) (a) “Significant” means, in reference to a net emissions increase or the potential of a source to emit any of the air contami

nants in T able A, a rate of emissions that would equal or exceed any of the rates in T

able A. T able A Pollutant and Emissions Rate 1. Carbon monoxide: 100 tons per year (tpy) 2. Nitrogen oxides: 40 tpy 3. Sulfur dioxide: 40 tpy 4. Particulate matter: 25 tpy 5. PM 10 : 15 tpy 5m. PM 2.5 : 10 tpy, also 40 tpy of nitrogen oxides or 40 tpy of sulfurdioxide 6. Ozone: 40 tpy of volatile organic compounds 7. Lead: 0.60 tpy 8. Municipal solid waste landfill emissions (measured as non
methane organic compounds): 50 tpy 9. Fluorides: 3.0 tpy 10. Sulfuric acid mist: 7.0 tpy 1 1. Hydrogen sulfide (H 2 S): 10 tpy 12. T otal reduced sulfur (including H 2 S): 10 tpy 13. Reduced sulfur compounds (including H 2 S): 10 tpy 14. Municipal waste combustor (MWC) acid gases (mea

sured as total sulfur dioxide and hydrogen chloride): 40 tpy 15. MWC metals (measured as particulate matter): 15 tpy 16. M W C o rganic s ( measure d a s t ota l t etra − t hroug h o cta− chlorinated d ibenzo−p−dioxin s an d d ibenzofurans) : 3 .5  10 −6 t py (c) “Significant” means any emissions rate in referenceto a net emissions increase or the potential of a source to emit an air con

taminant subject to regulation under the Act other than air contam

inants listed in par

. (a) or under section 1 12 (b) of the Act ( 42 USC 7412 (b)). (d) Notwithstanding par

. (a) , “significant” means any emis

sions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within 10 kilometers of a Class I area, and have an impact on such area equal to or greater than 1  g/m 3 (24−hour average). (27m) “Significant emissions increase” means, for a regu

lated NSR air contaminant, an increase in emissions that is equal to or greater than the value for that air contaminant listed in s. NR 405.02 (27)

. (28) “Stationary source” means any building, structure, facil

ity or installation which emits or may emit any air contaminant subject to regulation under the act. (28m) “Subject to regulation under the Act” means, for any aircontaminant, that the contaminant is subject to either a provi

sion of the Act, or a nationally applicable regulation codified by the administrator in title 40, chapter I, subchapter C of the CFR, thatrequires actual control of the quantity of air emissions of the contaminant, and that

the control requirement has taken ef fect and is operative to control, limit, or restrict the quantity of emissions of the contaminant released from the regulated activity

. (29) “Temporary clean coal technology demonstration proj

ect” means aclean coal technology demonstration project that is operated for a period of 5 years or less, and which complies with the state implementation plans for the state in which the project is located andother requirements necessary to attain and maintain the national ambient

air quality standards during the project and afterit is terminated. History: Cr

. Register, January , 1987, No. 373 , ef f. 2−1−87; am. (27) (a) Register, December, 1988, No. 396 , ef f. 1−1−89; am. (intro.), (22) (c), (24) (d), (27) (b) and (28), cr . (22) (d), Register, May, 1992, No. 437 , ef f. 6−1−92; emer

g. am. (7) and

(27)23 NR 405.05 DEPARTMENTOF NA

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ficial? Register July 2014 No. 703 (a) and (b), ef

f. 1 1−15−92; am. (intro.), (1) (c), (7), (8) and (27) (a), cr. (1) (d), (8m), (8s), (1 1m), (21) (b) 8. to 1 1., (24m), (25g), (25m), (25s) and (29), renum. (14) to be NR400.02 (39m) and am., r . (27) (b), Register, May , 1993, No. 449 , ef f. 6−1−93; corrections in (1) (intro.) and (25g) (a) made under s. 13.93 (2m) (b) 7. and 6., Stats., Register, May

, 1993, No. 449 ; am. (1) (b), (2) (a), (3) (intro.), (7), (21) (b) 6., (24) (d), (25m) (b), (c), Register, April, 1995, No. 472 , ef f. 5−1−95 ; am. (1) (d), (2) (intro.), (3) (intro.), (a), (4) (a) (intro.), 1. and 2., (b) 1. and2., (7), (8), (12), (21) (intro.), (b) 3., 5. a. and b., 6., 8. a., (22) (a) 1. and 2., (24) (d), (25g) (d), (25m) (a) and (c), (25s) (intro.) and (a), (27) (c) and (28), r

. (5), cr . (21m) and (22m), Register, December , 1995, No. 480 , ef

f. 1−1−96; am. (3) (intro.), (7), (9) (intro.), (21) (b) 2., 3., 8 and 9. (intro.) (22m) (b) 1., (24) (b) (intro.), 1., (24m) (intro.), (25g) and (25m) (a), r . (3) (a), (b), Register, December, 1996 , No., 492, ef f. 1−1−97; am. (21) (b) (intro.), 5. and (22) (c), Register, October, 1999, No. 526 , ef f. 1 1−1−99; CR 01−081 : am. (22) (c) Register September

2004 No. 585 , ef

f. 10−1−04; CR 03−1 18 : am. (1) (intro.), (a) to (c), (8), (1 1) and (12), r . (1) (d), (24m), (27) (a) 8., 17. and 18., cr . (2m), (1 1c), (1 1e), (1 1j), (20m), (24j), (25b), (25d), (25e), (25f), (25i) and (27m), r . and recr . (21) and (24), Register June 2007 No. 618 , ef

f. 7−1−07; CR 06−109 : cr . (27) (a) 8. Register May 2008 No. 629 , ef

f. 6−1−08; CR 07−104 : am. (12) (b) and (22) (a) 1., cr . (25k) Register July 2008 No. 631 , ef

f. 8−1−08; CR 07−036 : am. (22) (c) Register November 2008 No. 635 , ef

f. 12−1−08; CR 10−050 : am. (25k) (intro.), cr . (27) (a) 5m. Register November2010 No. 659 , ef f. 12−1−10; EmR1046 : emer g. cr. (28m), ef

f. 12−15−10; CR10−144 : cr. (28m) Register August 201 1 No. 668 , ef f. 9−1−1 1; CR 13−070 : am. (21) (b) 5. a., b., 6., (25i) (a), cr . (25i) (ag), (ar) Register July 2014 No. 703 , eff. 8−1−14. NR 405.025 Methods for calculation of increases in actual emissions. (1) Forprojects that only involve existing emissions units, any increase in actual emissions from a physical change or changein the method of operation at a stationary source shall equal the sum of the dif ference between the projected actual emissions and the baseline actual emissions for each existing emissions unit involved in the project. (2) Forprojects that only involve construction of a new emis

sions unit or units, any increase in actual emissions from a physi

cal change or

change in the method of operation at a stationary source shall equal the sum of the dif ferences between the potential to emit from each new emissions unit following completion of the project andthe baseline actual emissions for each unit before the project. (3) Forprojects that involve existing and new emissions units, any increase in actual emissions from a physical change or change in the method of operation at a stationary source shall equal the sum of the emissions increases for each emissions unit involved in the project, using the method specified in sub. (1) for existing emissions units and the method in sub. (2) for new emissions units. History: CR 03−1 18 : cr
. Register June 2007 No. 618 , ef f. 7−1−07. NR 405.03 Restrictions on area classifications. (1) All of

the following areas which were in existence on August 7, 1977, shall be Class I areas and may not be redesignated by the department: (a) International parks. (b) National wilderness areas which exceed 5,000 acres in size. (c) National memorial parks which exceed 5,000 acres insize. (d) National parks which exceed 6,000 acres in size. (2) Any other

area, unless otherwise specified in the legisla

tion creating such an area, is initially designated Class II, but may be redesignated as provided in this chapter

. (3) The following areas may be redesignated only as Class I orII: (a) An area which as of August 7, 1977, exceeded 10,000 acres in size and was a

national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a nationallakeshore or sea

shore. (b) A national park or national wilderness areaestablished afterAugust 7, 1977, which exceeds 10,000 acres in size. (4) The extent of the areas referred to insubs. (1) and (3) shall conform to any changes in the boundaries which have occurred subsequent to August 7, 1977. History: Cr

. Register, January , 1987, No. 373 , ef f. 2−1−87; emerg. cr . (4), ef f. 11−15−92;

cr . (4), Register, May , 1993, No. 449 , ef f. 6−1−93. NR 405.04 Exclusions from increment consump tion. (1) All of the following concentrations shall be excluded in determining compliance with amaximum allowable increase: (a) Concentrations attributable to the increase in emissions from stationary sources which have convertedfromthe use of petroleum products, natural gas, or both by reason of an order in effectunder sections 2 (a) and (b) of the Ener gy Supply and Envi

ronmental Coordination Act of 1974 ( 15 USC 791 to 798 ) over the emissions fromsuch sources before the ef fective date of such an order. (b) Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by rea

son of a natural gas curtailment plan inef fect pursuant to the Fed

eral Power Act ( 16 USC 791ato 828c ) over the emissions from such sources before the ef fective date of the plan. (c) Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emis

sion−related

activities of new or modified sources. (d) The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration. (e) Concentrations attributable to the temporary increase in emissions of

sulfur dioxide, nitrogen dioxide or particulate matter from stationary sources which are af fected by plan revisions approved by the administrator as meeting the criteria specified in sub. (4)

. (2) No sources which have concentrations which are excluded from increment consumption under sub. (1) (a) and (b) may any longer have those concentrations excluded 5 years after the effective date of the order to which sub. (1) (a) refers or the plan to which sub. (1) (b) refers, whichever is applicable. If both such order and plan are applicable, no such exclusion may apply more than 5 years after the later of such ef fective dates. (4) Forpurposes of excluding concentrations pursuant to sub. (1) (e) , the administrator may approve a plan revision that: (a) Specifies the time over which the temporary emissions increase of sulfur dioxide, nitrogen dioxide or particulate matter would occur. Such time is not to exceed 2 years in duration unless alonger time is approved by the administrator

. (b) Specifies that the time period for excluding certain con

tributions in accordance with par

. (a) is not renewable. (c) Allows no emissions increase from a stationary source which would do either of the following: 1. Impact a Class I area or anarea where an applicable incre

mentis known to be violated. 2. Cause or contribute to the violation of a national ambient air quality standard. (d) Requires limitations to be in ef fect at the end of the time period specified in accordance with par

. (a) which would insure thatthe emissions levels from stationary sources af fected by the plan revision would not exceed those levels occurring from such sources before the plan revision was approved. History: Cr

. Register, January, 1987, No. 373 , ef f. 2−1−87; am. (1) (e), (2), (3) and (4) (a), Register, May,1992, No. 437 , ef f. 6−1−92 ; am. (1) (a) and (e), (4) (intro.) and (a), r. (3), Register, December , 1995, No. 480 , ef f. 1−1−96; am. (1) (intro.), (a), (b), (4) (c) (intro.), Register, December , 1996, No. 492 , ef f. 1−1−97. NR 405.05 Redesignation. (1) All areas of the state, except as otherwise provided under s. NR 405.03 , shall be desig

nated either Class I, Class II, or Class III. Any designation other than Class II shall be subject to the redesignation procedures of this section. Any redesignation must be approved by the adminis

tratoras a revision to the applicable state implementation plan. (2) The department may redesignate areas of the state Class I orClass II if the following criteria are met: (a) At least one public hearing has been held in the area affected.57 NR 408.02 DEPARTMENT OF NA

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## Chapter NR 408 CONSTRUCTION PERMITS FOR DIRECT MAJOR SOURCES IN NONA TT AINMENT AREAS

NR408.01 Applicability; purpose. NR 408.02 Definitions. NR 408.025 Methods for calculation of increases in actual emissions. NR 408.03 Source applicability and exemptions. NR 408.04 Control technology review

. NR 408.05 Reasonable further progress. NR 408.06 Emissions of fsets. NR 408.07 Source impact analysis. NR 408.08 Additional conditions for approval. NR 408.09 Permit application review; public participation. NR 408.10 Source obligation. NR 408.1 1 Plant−wide applicability limitations (P ALs).

Note: The preexisting sections NR 408.01 and 408.02 were repealed, sections NR 408.025 to 408.07 were renumbered to NR 406.08 to 406.13 and am. NR 406.10 and 406.11, Register, May , 1993, No. 449 , ef f. 6−1−93. NR 408.01 Applicability; purpose. (1) A PPLICABILITY. This chapter applies to all new direct major sources and all major modifications to direct major sources locatedin areas designated as ozone transport regions or nonattainment areas by the U.S. environmental protection agency or by the department. (2) P URPOSE. The purpose of this chapter is to establish requirements and procedures, in addition to those in ch. NR 406 , forreviewing and issuing construction permits to all new direct majorsources and all major modifications to direct major sources located in areas designated as ozone transport regions or nonat

tainment areas by the U.S. environmental protection agency or by the department. History: Cr

. Register, May, 1993, No. 449 , ef f. 6−1−93; am. Register, June, 1995, No. 474 , ef

f. 7−1−95. NR 408.02 Definitions. The definitions contained in ch. NR 400apply to the terms used in this chapter . In addition, the fol

lowing definitions apply to the terms used in this chapter: (1) “Actual emissions” means the actual rate of emissions of aregulated NSR air contaminant from an emissions unit, as deter

mined in accordance with pars. (a) to (c) , except that this defini

tion does not apply for calculating whether a significant emissions increase has occurred, or for establishing a P AL under s. NR 408.11

. Instead, subs. (2m) and (28s) shall apply for those pur

poses. (a) Actual emissions as of a particular date shall equal the aver

age rate, in tons per year

, at which the unit actuallyemitted the pol

lutantduring a consecutive 24−month period which precedes the particular date and which is representative of normal source operation. The department shall allow the use of a dif ferent time period upon a determination by the department that it is more rep

resentative of normal source operation. Actual emissions shall be calculated using the unit’ s actual operating hours, productionrates and types of materials processed, stored or combusted during the selected time period. (b) For any emissions unit which has not begun normal opera

tions on the particular date, actual emissions shall equal the poten

tial to emit of the unit on that date. (c) The department may presume that source−specific allow

able emissions for the unit are equivalent to the actual emissions of the unit. (2) “Allowable emissions” means the emissions rate of a sta

tionary source calculated using the maximum rated capacity of the source, or

using federally enforceable limits which restrict the operating rate, or hours of operation or both, if the source is sub

jectto such federally enforceable limits, and using the most strin

gent of the following: (a) Any applicable standards in chs. NR 440 and 447 to 449 and subch. IV of ch. NR 446

. (b) Any applicable emissions limitations in chs. NR 400 to 499

. (c) Any applicable state implementation plan emissions limi

tation including a limitation with a future compliance date. (d) Any emissions rate specified as a federally enforceable per

mitcondition, including a limitation with a future compliance date. (2m) “Baseline actual emissions” means the rate of emis

sions, in tons per year , of a regulated NSR air contaminant, as determined in accordance with pars. (a) to (d)

. (a) For any existing electric utility steam generating unit, base

line actual emissions means the average rate, in tons per year , at which the unit actually emitted the air contaminant during any consecutive 24−month period selected by the owner or operator within the 5−year periodimmediately preceding when the owner oroperator begins actual construction of the project. The depart

mentshall allow the use of a dif ferent time period upon a deter

mination that it is more representative of normal source operation. 1. The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shut

downs and malfunctions. 2. The average rate shall be adjusted downward to exclude any emissions in excess of an emission limitation that was legally enforceable during the consecutive 24−month period. 3. For a regulated NSR air contaminant, when a project involves multiple emissions units, only one consecutive 24−month

period may be used to determine the baseline actual emissions for theemissions units being changed. A dif ferent con

secutive 24−month period may be used for each regulated NSR air contaminant. 4. The average rate may not be based on any consecutive 24−month

period for which there is inadequate information for determining annual emissions, in tons per year , or for adjusting this amount if required by subd. 2. (b) For an existing emissions unit, other than an electric utility steam generating unit, baseline actual emissions means the aver

age rate, in tons per year , at which the emissions unit actually emitted the air

contaminant during any consecutive 24−month period selected by the owner or operator within the 10−year period immediately preceding either the date the owner or operator begins actual construction of the project, or , the date a complete permitapplication is received by the department for a permit required under ch. NR 406 or for a permit revision under ch. NR 407 , whichever is earlier , except that the 10−year period may not include any period earlier than November 15, 1990. 1. The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shut

downs and malfunctions. 2. The average rate shall be adjusted downward to exclude any emissions in excess of an emission limitation that was legally enforceable during the consecutive 24−month period. 3. The average rate shall be adjusted downward to exclude any emissions that wouldhave exceeded an emission limitation with which the major stationary source must currently comply , had the major stationary source been required to comply with the limitation during the consecutive 24−month period. However , if58

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ficial? Register July 2014 No. 703 an emission limitation is part of a maximum achievable control technology standard that the administrator proposed or promul

gated under 40 CFR part 63 , the baseline actual emissions need only be adjusted if the state has taken credit for the emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of s. NR 408.06 (9)

. 4. For a regulated NSR air contaminant, when a project involves multiple emissions units, only one consecutive 24−month

period may be used to determine the baseline actual emissions for

the emissions units being changed. A dif ferent con

secutive 24−month period may be used for each regulated NSR air contaminant. 5. The average rate may not be based on any consecutive 24−month

period for which there is inadequate information for determining annual emissions, in tons per year , or for adjusting this amount if required by subds. 2. and 3. (c) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of the unit shall equal zero; and thereafter , shall equal the unit’ s potential to emit. (d) For a P

AL for a stationary source, the baseline actual emis

sions shall be calculated for existing electric utility steam generat

ing units in accordance with the procedures contained in par

. (a) , forother existing emissions units in accordance with the proce

dures contained in par

. (b) , and for a new emissions unit in accord

ance with the procedures contained in par

. (c)

. (3) “Begin actual construction” means the initiation of physi

cal on−site construction activities on an emissions unit which are of a permanent nature. Activities include, but are not limited to, installation of building supports and foundations, laying of under

ground pipe work and construction of permanent storage struc

tures. W ith respect to a change in method of operation, this term refers to those on−site activities other than preparatory activities which mark the initiation of the change. (4) “Bestavailable control technology” or “BACT” means an emission limitation, including a visible emissions standard, based on the maximum degree of reduction for each regulated NSR air contaminant which would be emitted from any proposedmajor stationary source or major modification which the department, on acase−by−case basis, taking into account energy , environmental and economic impacts and other costs, determines is achievable forthe source or modification through application of production processes or available methods, systems and techniques, includ

ing fuel cleaning or treatment or innovative fuel combustion tech

niques for control of the air contaminant. In no event may applica

tion of best available control technology result in emissions of any aircontaminant which would exceed the emissions allowed by any applicable standard under chs. NR 440 and 447 to 449 and subch. IV of ch. NR 446and 40 CFR parts 60and 61 . If the depart

ment determines that technological or economic limitations on the application of measurement methodology to a particular emis

sions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational stan

dard or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. The standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of a design, equipment, work practice or operation, and shall provide forcompliance by means which achieve equivalent results. (5) “Building, structure, facility or installation” means all of the activities which emit or may emit a regulated NSR air contami

nant, whichbelong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person, or persons under common control, except the activity of any vessel. Regulated NSR air contaminant sources shall be considered as part of thesame industrial grouping if they are classified under the same 2−digit major group as described in the Standard Industrial Classification Manual, 1987, incorporated by reference in s. NR 484.05

. (6) “Clean coal technology” means any technology , including technologies applied at the precombustion, combustion or post combustion stage, at a new or existing facility which will achieve significant reductions in emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity or process steam which was not in widespread use as of November 15, 1990. (7) “Clean coal technology demonstration project” means a project using funds appropriated under the heading ‘Department of Energy−Clean Coal T

echnology’, up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar

projects funded through appropriations for the U.S. environmental protection agency . The federal contribu

tion for a qualifying project shall be at least 20% of the total cost of the demonstration project. (8) “Commence” as applied to construction of a major source ormajor modification means that the owner or operator has all necessary preconstruction approvals or permits and has done one of the following: (a) Begun, or caused to begin, a continuous program of actual on− site construction of the source, to be completed within a rea

sonable time. (b) Entered into binding agreements or contractual obliga

tions, which cannot be canceled or modified without substantial loss to the owner or operator , to undertake a program of actual construction of the source to be completed within a reasonable time. (9) “Commence operation” means the initial startup of an emissions unit following completion of construction which results in the emission of an air contaminant for which the area is designated nonattainment. Any replacement unit that requires shakedown commences operation after a reasonable shakedown period, not to exceed 180 days. (10) “Complete” means, in reference to an application for a permit, that the application contains all of the information neces

sary, as determined by the department, for processing the applica

tion. Designating an application complete for purposes of permit processing does not preclude the department from requesting or accepting any additional information. (11) “Construction” means any physical change or change in the method of operation, including fabrication, erection, installa

tion, demolition or modification of an emissions unit, which would result in a change in emissions. (11e) “Continuous emissions monitoring system” or “CEMS” means all of the equipment that may be required to meet the data acquisition and availability requirements of this chapter , to sample, condition if applicable, analyze and provide a record of emissions on a continuous basis. (11m) “Continuous emissions rate monitoring system” or “CERMS” means the total equipment required for the determina

tion and recording of the air contaminant mass emissions rate in terms of mass per unit of time. (11s) “Continuous parameter monitoring system” or “CPMS” means all of the equipment necessary to meet the data acquisition and data availability requirements of this chapter to monitor process and control device operational parameters, and to record average operational parameter values on acontinuous basis. Note: Process andcontrol device operational parameters include secondary volt

ages and electric currents, and other information, such as gas flow rate, O 2 or CO 2 concentrations. (12) “Electric utility steam generating unit” means any steam electric generating unit that is constructed for the purpose of sup

plying more than one−third of its potential electric output capacity and more than 25 MW of electrical output to any utility power dis

-59 NR 408.02 DEPARTMENT OF NA

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ficial? Register July 2014 No. 703 tribution system for

sale. Any steam supplied to a steam distribu

tion system for the purpose of providing steam to a steam−electric generator that would produce electrical ener gy for sale is also con

sidered in determining the electrical ener gy output capacity of the affected facility

. (13) “Emissions unit” means any part of a stationary source which emits or would have the potential to emit any regulated NSR air contaminant and includes an electric utility steam gener

ating unit. For purposes of this chapter , there are 2 types of emis

sions units described as follows: (a) A new emissions unit is any emissions unit which is or will be newly constructed and which has existed for less than 2 years from the date the emissions unit first operated. (b) An existing emissions unit is any emissions unit that does notmeet the requirements in par

. (a) . Notwithstanding par

. (a) , a replacement unit, as defined in sub. (29s) , is an existing emissions unit. (13m) “Federal land manager” means, with respect to any lands in the United States, the secretary of the department with authority over the lands. (14) “Fossil fuel−fired boiler” means a unit, or combination of units, which combusts fossil fuel, or receives heat from other fos

sil fuel−fired units, to produce steam by indirect heat transfer, and includes units that producesteam for electric generation. The heat inputfor the units includes any heat provided to the units from the combustion of fossil fuels in other units. The total heat input from fossil fuel−firing for a combination of units is the sum of the heat inputs from fossil fuel−firing for each unit. (15) “Fossil fuel−fired electric plant” means one or more units thatcombust fossil fuel to produce electricity . The total heat input fora plant from fossil fuel−firing is the sum of theheat inputs from fossil fuel−firing for each combustion unit that is part of theplant. (16) “Fugitive emissions” means those emissions which could not reasonably pass through a stack, chimney , vent or other functionally equivalent opening. (17) “Indian governing body” means the governing body of any tribe, band or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self− government. (18) “Indian tribe” means any Indian tribe, band, nation or otherorganized group or community , including any Alaskan native village, which is federally recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (19) “Lowest achievable emission rate” or “LAER” means, forany source, the more stringent rate of emissions based on the following: (a) The most stringent emissions limitation which is contained in the implementation plan of any state for the class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that the limitation is not achieva

ble. (b) The most stringent emissions limitation which is achieved in practice by the class or category of stationary source. This limi

tation, when applied to a modification, means the lowest achieva

ble emission rate for the new or modified emissions units within astationary source. In no event may the application of the term permita proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under a new source standard of performance which applies under ch. NR 440 or under 40 CFR part 60. (20) “Major modification” means any physical change in, or change in the method of operation of amajor stationary source thatwould result in a significant emissions increase of a regulated NSR air contaminant and a significant net emissions increase of thatair contaminant from the major stationary source. (a) Any physical change in, or change in the method of opera

tion of a major source of VOCs located in an extreme nonattain

mentarea for ozone which results in any increase in emissions of VOCs from any discrete operation, emissions unit or other pollu

tantemitting activity at the source shall be considered a major modification for ozone. (b) Any significant emissions increase from any emissions units or net emissions increase at a major stationary source, that is considered significant for VOCs shall be considered significant forozone. (c) For the purpose of applying the requirements of s. NR 408.03 (6) to major sources of nitrogen oxides located in ozone nonattainment areas or in ozone transport regions, any significant netemissions increase of

nitrogen oxides is considered significant forozone, in addition to any separate requirements for nitrogen oxides. (d) For the purposes of applying the requirements of s. NR 408.03 (4) to major sources of PM 10 precursors, any significant netemissions increase of a PM 10 precursor is considered signifi

cantfor PM 10 . (e) A physical change or change in the method of operation does not include: 1. Routine maintenance, repair and replacement. 2. Use of an alternative fuel or raw material by reason of any order under section 2 (a) and (b) of the Federal Ener gy Supply and Environmental Coordination Act of 1974 ( 15 USC 791 to 798 ) or by reason of a natural gas curtailment plan pursuant to the Federal PowerAct ( 16 USC 791ato 828c ). 3. Use of an alternative fuel by reason of an order or rule under section 125 of the Act ( 42 USC 7425 ). 4. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste. 5. Use of an alternative fuel or raw material by a stationary source when one of the following applies:
a. The source was capable of accommodating before Decem

ber21, 1976, unless the change would be prohibited under any federally enforceable permit condition which was established afterDecember 21, 1976 pursuant to this chapter or ch. NR 405 or 406 or under an operation permit issued pursuant to ch. NR 407 , orpursuant to a permit issued under 40 CFR Part 51 Appendix S, 40 CFR 52.21 , or regulations approved pursuant to 40 CFR Part 51 subpart I. b. The source is approved to use an alternative fuel or raw material under any permit issued under this chapter or ch. NR 405 , 406 , or 407 , or pursuant to a permit issued under 40 CFR Part 51 Appendix S, 40 CFR 52.21 , or regulations approved pursuant to 40 CFR Part 51 subpart I. 6. An increase in the hours of operation or in the production rate, unless the change would be prohibitedunder any federally enforceable permit condition which was established after Decem

ber21, 1976 pursuant to this chapter, ch. NR 405 , or 406 or under operation permits issued pursuant to ch. NR 407 , or pursuant to a permitissued under 40 CFR Part 51 Appendix S, 40 CFR 52.21 , orregulations approved pursuant to 40 CFR Part 51 subpart I. 7. Any change in ownership at a stationary source. 8. The installation, operation, cessation of operation or removal of a temporary clean coal technology demonstration project, provided that the project complies with both of thefollow

ing:
a. The state implementation plan. b. Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. (f) This definition does not apply with respect to a particular regulated NSR air contaminant when the major stationary source is complying with the requirements of s. NR 408.1 1 for a P AL for60

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ficial? Register July 2014 No. 703 that air contaminant. Instead the definition in s. NR 408.1 1 (2) (e) shall apply

. (21) “Major source” means the following: (a) 1. Any stationary source of air contaminants which emits orhas the potential to emit 100 tons per year (tpy) or more of any aircontaminant for which the area in which the source is located is nonattainment, except that lower emissions thresholds shall apply as follows to any stationary source for which a complete construction permit application was submitted or was required to be submitted after November 15, 1992:
a. 70 tpy of PM 10 , or where applicable, a PM 10 precursor , in any serious nonattainment area for PM 10 . b. 50 tpy of VOCin any serious nonattainment area for ozone.
c. 50 tpy of VOC in areas within ozone transport regions except for any severe or extreme nonattainment area for ozone. d. 25 tpy of VOC in any severe nonattainment area for ozone.
e. 10 tpy of VOC in any extreme nonattainment area for ozone. f. 50 tpy of carbon monoxide in any serious nonattainment area for carbon monoxide, where stationary sources contribute significantly to carbon monoxide levels in the area. Note: If any serious nonattainment area for carbon monoxide is designated inthe state, the department will make the determination of whether stationary sources con

tribute significantly to the carbon monoxide levels in accordance with rules or guid

ance issued by the U.S. environmental protection agency

. 2. Any stationary source of nitrogen oxides identified under par. (b)

. 3. Any physical change that would occur at a stationary source not qualifying under subd. 1. or 2. as a major source, if the change would constitute a major source by itself. (b) For the purposes of applying the requirements of s. NR 408.03 (5) , a

stationary source for which a complete construction permitapplication was submitted or was required to be submitted afterNovember 15, 1992 is major for nitrogen oxides if it is located in anyozone nonattainment area or ozone transport region and it emits, or

has the potential to emit, nitrogen oxides as fol

lows: 1. 100 tpy or more of nitrogen oxides in:
a. Any ozone nonattainment area classified as rural transport, marginal or moderate. b. Any ozone nonattainment area classified as transitional, submarginal or an incomplete or no data area, that is located in any ozone transport region.
c. Areas classifiedunder the Act as attainment or unclassifi

able for ozone that are located in any ozone transport region. 2. 50 tpy or more of nitrogen oxides in any serious nonattain

mentarea for ozone. 3. 25 tpy or more of nitrogen oxides inany severe nonattain

mentarea for ozone. 4. 10 tpy or more of nitrogen oxides in any extreme nonattain

mentarea for ozone. (c) A stationary source that is major for VOC shall be consid

ered major for ozone and subject to the requirements for ozone in this chapter

. (d) For purposes of implementing the requirements of s. NR 408.03 (4) , a stationary source that is major for any PM 10 precur
sorshall be considered major for PM 10 . (e) The fugitive emissions of a stationary source may not be included in determining, for any of the purposes of this chapter , whether it is a major source unless the source belongs to one of the following categories of stationary sources: 1. Carbon black plants (furnace process). 2. Coal cleaning plants (with thermal dryers). 3. Coke oven batteries. 4. Charcoal production plants. 5. Chemical process plants. The chemical processing plants category does not include ethanol production facilities that pro

duce ethanol by natural fermentation, as described by the 6−digit code of 312140 or 325193 in the North American Industry Classi

fication System United States, 2007, incorporated by reference in s. NR 484.05 (17). 6. Fuel conversion plants. 7. Fossil fuel−fired boilers (or combination thereof) totaling more than 250 million Btu per hour heat input. 8. Fossil fuel−fired electric plants of more than 250 million Btu per hour heat input. 9. Glass fiber manufacturing plants. 10. Hydrofluoric acid plants. 1 1. Iron and steel mills. 12. Kraft pulp mills. 13. Lime plants. 14. Municipal incinerators (or combinations thereof) capable of charging more than 50 tons of refuse per day

. 15. Nitric acid plants. 16. Petroleum refineries. 17. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels. 18. Phosphate rock processing plants. 19. Portland cement plants. 20. Primary aluminum ore reduction plants. 21. Primary copper smelters. 22. Primary lead smelters. 23. Primary zinc smelters. 24. Secondary metal production plants. 25. Sintering plants. 26. Sulfuric acid plants. 27. Sulfur recovery plants. 28. T aconite ore processing plants. 29. Any other stationary source category regulated under sec

tion 1 1 1 or

1 12 of the Act ( 42 USC 741 1 or 7412 ) before Novem

ber15, 1990. (f) Mobile source emissions indirectly causedby a source which attracts mobile source activity may not be considered in determining whether the source is a major stationary source for the purposes of this chapter

. (22) “Necessary preconstruction approvals or permits” means those permits or approvals required under federal air qual

ity control laws and regulations and those air quality control laws and regulations which are part of the applicable stateimplementa

tion plan. (23) (a) “Net emissions increase” means, with respect to any regulated NSR air contaminant emitted by a major stationary source, the amount by which the dif ference between the sum of emission increases and the sum of emission decreases of the fol

lowing exceeds zero: 1. The increase in emissions from a particular physical change or changein the method of operation at a stationary source calculated pursuant to the methods contained in s. NR 408.025

. 2. Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this sub

division shall be determined as provided in sub. (2m) , except that sub. (2m) (a) 3. and (b) 4. do not apply

. (b) An increase or decrease in actual emissions is contempora

neous with the increase from the particular change only if it occurs between the following: 1. The date 5 years before construction on the particular change commences.61 NR 408.02 DEPARTMENT OF NA

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ficial? Register July 2014 No. 703 2. The date that the increase from the particular change occurs. (c) An increase or decrease in actual emissions is creditable only if all of the following are satisfied: 1. It is contemporaneous with the particular change. 2. The department has not relied on it in issuing a permit for the source under this chapter andthe permit is in ef

fect when the increase in actual emissions from the particular change occurs. (d) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level. (e) A decrease in actual emissions is creditable only to the extent that all of the following are satisfied: 1. Theold level of actual emissions or the old level of allow

able emissions, whichever is lower , exceeds the new level of actual emissions. 2. It is enforceable as a practical matter at and after the time thatactual construction on the particular change begins. 3. 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. 4. It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change. (f) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit an air contaminant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. (g) Subsection NR 408.02 (1) (a) does not apply for determin

ing creditable increases and decreases or after a change. (24) (a) “Nonattainment area” means any area that does not meetthe primary or secondary ambient air quality standard for a pollutant and that is designated nonattainment with respect to that pollutant by the administrator pursuant to section 107 (d) of the Act(42 USC 7407 (d)) or by the department pursuant to s. 285.23 (2) , Stats. (b) For certain pollutants, nonattainment areas are classified forthe purpose of applying an attainment date or for other pur

poses, in accordance with procedures in the act. The following nonattainment area classifications have been established: 1. For ozone: rural transport, marginal, moderate, serious, severe and extreme. 2. For PM 10 : moderate and serious. 3. For carbon monoxide: moderate and serious. Note: See 40 CFR part 81 for a listing of the specific areas. (24m) “Nonattainment major new source review” or “NSR” program means a major source preconstruction permit program thathas beenapproved by the administrator and incorporated into the state implementation plan to implement the requirements of 40 CFRpart 51 , Appendix S, Sections I to VI. Any permit issued under the program is a major NSR permit. (25) “Ozone transport region” means any interstate transport region which has been established for ozone pursuant to section 176A of the Act ( 42 USC 7506a ). (25s) “Plant−wide

applicability limitation” or “P AL” means an emission limitation expressedin tons per year , for a regulated NSR air contaminant at a major stationary source, that is enforce

able as a practical matter

and established source−wide in accord

ance with s. NR 408.1 1

. (26) “PM 10 precursor” means, for the purposes of implement

ing the requirements of s. NR 408.03 (4) , sulfur dioxide, nitrogen oxides or volatile organic compounds. (28) “Potential to emit” means themaximum capacity of a sta

tionary source to emit a pollutant under its physical and opera

tional design. Any physical or operation limitationon the capacity of the source to emit a pollutant shall be treated as part of its design if the limitation or the ef

fect it would have on emissions is feder

ally 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 oron the type or

amount of material combusted, stored or pro

cessed. Secondary emissions may not be counted in determining asource’ s potential to emit. Note: A permit limitationon 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. (28e) “Predictive emissions monitoring system” or “PEMS” means all of the equipment necessary to monitor process and con

trol device operational parameters andto calculate and record the mass emissions rate on a continuous basis. Note: Process andcontrol device operational parameters include secondary volt

ages and electric currents, and other information, such as gas flow rate, O 2 or CO 2 concentrations. (28j) “Prevention of significant deterioration permit” or “PSD permit” means a major source preconstruction permit issued under ch. NR 405

. (28m) “Project” means a physical change in, or change in method of operation of, an existing major stationary source. (28s) (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 datethe unit resumes regular operation afterthe 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 emis

sions unit’ s capacity or

potential would result in a significant net emissions increase, “projected actual emissions” means the maxi

mum annual rate, in tons per year , at which an existing emissions unitis 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. (b) 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:
a. Consider

all relevant information, including historical operational data, the company’ s own representations, the compa

ny’s expected business activity and the company’ s highest projec

tions of business activity , the company’ s filings with the state or federal regulatory authorities and compliance plans under the approved state implementation plan. b. Include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns and malfunctions. 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 follow

ing 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 unre
lated to the particular project, including any increased utilization due to product demand growth. (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)

. (29) “Reasonable further progress” means annual incremen

tal reductions in emissions of the relevant air pollutant required by partD of title I of the Act ( 42 USC 7501 to 7515 ) or may reason

ably be required by the department or the administrator for the purpose of ensuring attainment of the applicable national ambient airquality standards in an area by the applicable statutory dead

line. (29m) “Regulated NSR air contaminant” means all of thefol

lowing:62

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ficial? Register July 2014 No. 703 (a) Nitrogen oxides or any volatile organic compounds. (b) Any air contaminant for which a national ambient air qual

ity standard has been promulgated. (c) Any air contaminant that is identifiedunder this paragraph as a precursor of a general air contaminant listed under par

. (a) or (b) , or that the EP

A has determined to be a constituent or precursor of a general air contaminant listed under par

. (a) or (b) , provided thata constituent or precursor pollutant may only be regulated under this chapter as part of regulation of the general air contami

nant. The precursors identified by the administrator are as fol

lows: 1. V olatile organic compounds and nitrogen oxides are pre
cursors to ozone in all ozone nonattainment areas. 2. Sulfur dioxide is a precursor to PM 2.5 in all PM 2.5 non
attainment areas. 3. Nitrogen oxides are presumed to be precursors to PM 2.5 in all PM 2.5 nonattainment areas, unless the department demon

strates tothe administrator ’ s satisfaction or the EP A demonstrates thatemissions of nitrogen oxides from sources in a specific area are not a significant contributor to the area’ s ambient PM 2.5 con
centrations. (d) PM 2.5 emissions and PM 10 emissions. As defined in s. NR 400.02 (123m) and (124) , respectively , these terms include filter

able emissions and gaseous emissions from a source or activity which condense to form particulate matter at ambient tempera

tures. (29s) “Replacement unit” means an emissions unit for which all the criteria listed in pars. (a) to (d) are met. No creditable emis

sion reductions shall be generated from shutting down the existing emissions unit that is replaced. (a) The emissions unit is a reconstructed unit within themean
ing of s. NR 400.02 (130) , or the emissions unit completely takes the place of an existing emissions unit. (b) The emissions unit is identical to or functionally equivalent to the replaced emissions unit. (c) The replacement does not change any of the basic design parameters of the process line. (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. (30) “Representative actual annual emissions” means the average rate, in tons per year , at which the source is projected to emita pollutant for the 2−year period after aphysical change or change in the method of operation of a unit, or a dif ferent consecu

tive 2−year period within 10 years after that change, where the department determines that the period is more representative of normal source operations, considering the ef fect any change will have on increasing or decreasing the hourly emissions rate and on projected capacity utilization. In projecting future emissions the department shall: (a) Consider all relevant information, including but not limited to, historical operational data, the company’ s own representa

tions, filings with the state or federal regulatory authorities, and compliance plans under title IV of the act. (b) Exclude, in calculating any increase in emissions that results from the particular physical change or change in the method of operation at an electric utility steam generating unit, thatportion of the unit’ s emissions following the change that could have been accommodated during the representative base

line period and is attributable to an increase in projectedcapacity utilization at the unit that is unrelated to the particular change, including any increasedutilization due to the rate of electricity demand growth for the utility system as a whole. (31) “Secondary emissions” means emissions which would occur as a result of the construction or operation of a major source ormajor modification, but do not come from the major source or majormodification itself. For the purpose of this chapter , secon
dary emissions shall be specific, well defined, quantifiable and impact the same general area as the stationary source or modifica

tion which causes thesecondary emissions. Secondary emissions include emissions from any of f−site support

facility which would notbe constructed or increase its emissions except as a result of the construction or operation of the major source or major modifi

cation. Secondary emissions do not include tailpipe emissions from any source regulated under title II of the Act or any emissions from in−transit marine vessels. (32) (a) “Significant” means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following, except as provided in pars. (b) to (h) : 1. Carbon monoxide: 100 tons per year (tpy). 2. Nitrogen oxides: 40 tpy

. 3. Sulfur dioxide: 40 tpy

. 4. Particulate matter: 25 tpy

. 5. PM 10 : 15 tpy

. 5m. PM 2.5 : 10 tpy; 40 tpy for nitrogen oxides; and 40 tpy for sulfurdioxide. 6. Ozone: 40 tpy of VOC. 7. Lead: 0.60 tpy

. (b) Notwithstanding the significant emission rate for carbon monoxide under par

. (a) , a net increase in carbon monoxide emis

sions resulting from any physical change in, or change in the method of operation of, a stationary source ina serious nonattain

mentarea for carbon monoxide is significant if the increase exceeds 50 tpy , provided stationary sources contribute signifi

cantly to carbon monoxide levels in that area. Note: If any serious nonattainment area for carbon monoxide is designated inthe state, the department will make the determination of whether stationary sources con

tribute significantly to the carbon monoxide levels in accordance with rules or guid

ance issued by the U.S. environmental protection agency

. (c) Notwithstanding the significant emissions rate for ozone under par
. (a) , a net increase in emissions of VOCs that would resultfrom any physical change in, or change in the method of operation of, a stationary source for which a complete construc

tion permit application was submitted or was required to be sub

mitted after November

15, 1992 and which is located in a serious orsevere nonattainment area for ozone is significant if the increase exceeds 25 tpy when aggregated with all creditable increases and decreases in emissions of that precursor from the source over any period

of 5 consecutive years, which includes the calendar year in which the increase will occur

. (d) Notwithstanding the significant emissions rates for ozone under pars. (a) and (c) , any increase in VOC emissions from any discrete operation, unit or other pollutant emitting activity at a majorsource of VOCs locatedin an extreme nonattainment area forozone shall be considered significant. (e) Notwithstanding the significant emission rates for PM 10 under par
. (a) , a net increase in PM 10 emission resulting froma physical change in, or a change in the method of operation of, a stationary source in a serious nonattainment area for PM 10 is sig

nificant if the increase exceeds 10 tpy

. (f) For the purposes of applying the requirements of s. NR 408.03 (5) to major sources of nitrogen oxides for which acom
plete construction permit application was submitted or was required to be submitted after November 15, 1992 and which are located in ozone nonattainment areas or in ozone transport regions, the significant emission rates and other requirements for VOC in this subsection shall apply to nitrogen oxides emissions.63 NR 408.04 DEPARTMENT OF NA

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ficial? Register July 2014 No. 703 (g) For the purposes of applying the requirements of s. NR 408.03 (4) to a major source of a PM 10 precursor located in a mod

erate PM 10 nonattainment area, the significant emission rate for the PM 10 precursor is 15 tpy

. (h) For the purposes of applying the requirements of s. NR 408.03 (4) to a major source of a PM 10 precursor located in a seri

ous PM 10 nonattainment area, the significant emission rate for the PM 10 precursor is 10 tpy

. (32m) “Significant emissions increase” means, for a regu

lated NSR air contaminant, an increase in emissions that is equal to or greater than the value for that air contaminant listed in s. NR 408.02 (32)

. (33) “Temporary clean coal technology demonstration proj

ect” means aclean coal technology demonstration project that is operated for a period of 5 years or less, and which complies with the state implementation plan and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. History: Cr

. Register, May , 1993, No. 449 , ef f. 6−1−93; am. (21) (a) 1. intro., cr

. (21) (f), Register, June, 1995, No. 474 , ef f. 7−1−95 ; am. (4), (5), (20) (e) 5. a. and b., (21) (intro.), Register, December, 1995, No. 480 , ef f. 1−1−96; am. (1)(b), (c), (4), (6), (8) (intro.), (20) (e) 2., 3., 8., 9. (intro.), (21) (b) 1. a., (e) 29., (23) (b) (intro.), 1., (24) (a), (b) 1., (25), (29), Register, December , 1996, No. 492 , ef f. 1−1−97; CR 01−081 : am. (2) (a) and

(4) Register September 2004 No. 585 , ef f. 10−1−04; CR 03−1 18 : am. (1), (4), (5), (1 1), (13) and (21) (a) 1., cr . (2m), (1 1e), (1 1m), (1 1s), (13m), (24m), (25s), (28e), (28j), (28m), (28s), (29m) and (32m), r. and recr. (20) and(23), r. (27), Register June 2007 No. 618 , ef

f. 7−1−07; CR 07−104 : am. (13) (b) and (21) (e) 5., cr. (29s) Register July 2008 No. 631 , ef f. 8−1−08; CR 07−036 : am. (2) (a) and (4) Register November 2008 No. 635 , ef f. 12−1−08; CR 10−050 : cr . (32) (a) 5m. Register November2010 No. 659 , ef f. 12−1−10; CR 13−070 : am. (20) (e) 5. a., b., 6., r enum. (29m) (c) to (c) (intr o.) and am., cr . (29m) (c) 1. to 3., (d) Register July 2014 No. 703 , eff. 8−1−14. NR 408.025 Methods for calculation of increases in actual emissions. (1) Forprojects that only involve existing emissions units, any increase in actual emissions from a physical change or changein the method of operation at a stationary source shall equal the sum of the dif ference between the projected actual emissions and the baseline actual emissions for each existing emissions unit involved in the project. (2) Forprojects that only involve construction of a new emis

sions unit or units, any increase in actual emissions from a physi

cal change or

change in the method of operation at a stationary source shall equal the sum of the dif ferences between the potential to emit from each new emissions unit following completion of the project andthe baseline actual emissions for each unit before the project. (3) Forprojects that involve existing and new emissions units, any increase in actual emissions from a physical change or change in the method of operation at a stationary source shall equal the sum of the emissions increases for each emissions unit involved in the project, using the method specified in sub. (1) for existing emissions units and the method in sub. (2) for new emissions units. History: CR 03−1 18 : cr
. Register June 2007 No. 618 , ef f. 7−1−07. NR 408.03 Source applicability and exemptions. (1) No person may beginactual construction of a major source or majormodification to which the requirements of this chapter apply unless the person has a permit which states that the station

ary source or modification will meet the requirements of ss. NR 408.04 to 408.10

. (2) The requirements of

ss. NR 408.04 to 408.10 shall apply only to any new major source or major modification that is major forthe pollutant, or the precursor of the pollutant, as applicable, forwhich an area is designated as nonattainment, or as an ozone transport region, as of the date the permit is issued, if the stationary source or modification would beconstructed anywhere in the des

ignated nonattainment area or ozone transport region. (3) The requirements of

ss. NR 408.04 to 408.10 shall apply with respect to any air contaminant for which an applicable source is major and in the case of a modification, would result in a signifi

cantnet emissions increase for that pollutant. (4) The requirements of ss. NR 408.04 to 408.10 applicable to new major sources or major modifications of PM 10 shall also apply to each PM 10 precursor for which the source is a major source, except that the requirements do not apply where the administrator determines that the sources of PM 10 precursors do notsignificantly contribute to PM 10 levels which exceed the PM 10 ambient standards. (5) The requirements of ss. NR 408.04 to 408.10 applicable fornew major sources or major modifications of VOC shall apply to nitrogen oxides emissions from new major sources or major modifications of nitrogen oxides, except that the requirements do notapply if the administrator determines, when the administrator approves a plan, planrevision or petition under provisions of sec

tion 182 (f) of the Act ( 42 USC 751 1a (f)), that the statutory requirements of section 182 (f) do not apply

. (6) For any major modification which results in asignificant netemissions increase of VOCs in a serious or severe nonattain

mentarea for ozone, if the source’ s potential to emit is less than 100 tpy of VOCs, the requirements of ss. NR 408.04 to 408.10 will notapply with respect to the VOCs if the owner or operator of the source elects to of

fset the increase in VOC emissions by a greater reduction in emissions of VOCs from other operations, units or activities withinthe source, at an internal of fset ratio of at least 1.3 to 1. (7) Notwithstanding the requirements for of fsets under s. NR 408.06 , emission of

fsets for an increase in the emissions of VOCs will not be required for a major modification which results in a sig

nificant increase in VOC emissions in an extreme nonattainment area for ozone if the modification consists of the installation of equipment required to comply with the applicable implementa

tion plan, permit or provision under the act. (8) The provisions of this chapter do not apply to a source or modification that would be a major source or major modification only if fugitive emissions to the extent quantifiable areconsidered in calculating the potential to emit of the stationary source or mod

ification and the source does not belong to any of the source cate

gories contained in s. NR 408.02 (21) (e)

. (9) Forattainment or unclassifiable areas within an ozone transport region, the permitting requirements of both ch. NR 405 and this chapter shall apply and where requirements conflict or overlap, the more stringent requirements shall prevail. History: Cr

. Register, May

, 1993, No. 449 , ef

f. 6−1−93; am. (5), Register, Decem

ber, 1996, No. 492 , ef

f. 1−1−97. NR 408.04 Control technology review

. (1) A major source or major modification shall meet each applicable emission limitation under this chapter and each applicable emission stan

dard or standard of performance under chs. NR 440 and 447 to 449 and subch. IV of ch. NR 446

. (2) A new major source shall apply the lowest achievable emission rate for each pollutant subject to the provisions of this chapter that it would

have the potential to emit in an amount which makes the source a major source. This provision applies to each new emissions unit at which emission increases would occur

. (3) A major modification shall apply the lowest achievable emission rate for each pollutant subject to therequirements of this chapter for which it would result in asignificant net emissions increase at

the source. This requirement applies to each emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of opera

tion in the unit. (4) Forphased construction projects, the determination of the lowestachievable emission rate shall be reviewed and modified as appropriate at the latest reasonable time which occurs no more than 18 months prior to commencement of construction of each independent phase of the project. At the time of the review , the owner or operator of the af fected stationary source may be