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 PM2.

5 infrastructure SIP related to identifying PM25 precursors and PM2.5/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 PM2.

5, and accounted for PM25/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] ~ L 

' ) I . ~ -- -- i 

Bort'~ lr ~+6~ Director, Bureau of Air Management 

dnr.wi.gov 

wisconsin.gov Naturally WISCONSIN ''"'""" ONR£CYCl£D • PAPER 

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

Ralph Patterson - WDNR 

Kristin Hart - WDNR 

Page 2 
1 DEPARTMENT OF NATURAL RESOURCES NR 400.02

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on this Website Official? Register July 2014 No. 703

Chapter NR 400

AIR POLLUTION CONTROL DEFINITIONS

NR 400.01 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 detrimental effects on property and our environment.

Nothing in chs. NR 400 to 499 or in ch. 285, Stats., prohibits a county or local jurisdiction 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 pollution 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 effect of pollutants on plant life, animal life, soils and

water resources.

NR 400.01 Applicability; purpose. (1) APPLICABILITY.

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 applicable to terms, units or abbreviations used in those respective chapters or sections. If an individual chapter or section defines a term which is also defined in this

chapter, the definition contained in the individual chapter or section shall apply within that chapter or section, rather than the definition in this chapter.

(2) PURPOSE. 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 sections 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, eff. 10−1−86; am. Register, February, 1990, No. 410, eff. 3−1−90; am. (1), Register, April, 1995, No. 472, eff.

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, eff. 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

or after a specified calendar year.

(2) “Acid rain phase I affected unit” means any unit listed in

Table A of 42 USC 7651c. These are:

(a) Wisconsin Power and Light — Edgewater generating station unit 4.

(b) Dairyland Power Cooperative — Genoa generating station

unit 3.

(c) Wisconsin Power and Light — Nelson Dewey generating

station units 1 and 2.

(d) Wisconsin Electric Power Company — North Oak Creek

generating station units 1, 2, 3 and 4 and South Oak Creek generating station units 5, 6, 7 and 8.

(e) Wisconsin Public Service Corporation — Pulliam generating station unit 8.

(3) “Acid rain program” means the national sulfur dioxide and

nitrogen oxides air pollution control and emissions reduction program 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

permit implementing an applicable requirement of the acid rain

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 movement or 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 EPA or

designee.

(10) “Affected source” means a stationary source that

includes one or more affected 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) “Air contaminant” has the meaning given in s. 285.01

(1), Stats.

(13) “Air contaminant source” has the meaning given in s.

285.01 (2), Stats.

(14) “Air curtain destructor” has the meaning given in s.

289.51, Stats.

(15) “Air pollutant” means an air contaminant as defined in s.

285.01 (1), Stats.

(16) “Air pollution” means the presence in the atmosphere of

one or more air contaminants in such quantities and of such duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with

the enjoyment of life or property.

(17) “Air pollution control permit” has the meaning given in

s. 285.01 (4), Stats.

(18) “Air quality 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 intrastate regions.

(19) “Air region” means an area such as an AQCR designated

pursuant to federal or Wisconsin laws in which a program to maintain or achieve air standards is implemented on a regional basis.

(19m) “Air standard” 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 meaning designated in s. 285.01 (5), Stats.

(21) “Allowable emission” has the meaning given in s. 285.01

(7), Stats.
 NR 400.02 WISCONSIN ADMINISTRATIVE CODE 2

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(22) “Alternate designated representative” means a responsible natural person, authorized by the owners and operators of an

affected source and of all affected 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 department’s satisfaction to produce, in specific cases, results adequate

for the 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 contaminant 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

that have been promulgated or approved by EPA 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 provided for in the

applicable implementation plan approved or promulgated by EPA

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 EPA through rulemaking under title I of the Act

(42 USC 7401 to 7515).

(c) Any standard or other requirement under section 111 of the

Act (42 USC 7411).

(d) Any standard or other requirement under section 112 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)

or section 114 (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 commercial products, under section 183 (e) of the Act (42 USC 7511b

(e)).

(i) Any standard or other requirement for tank vessels, under

section 183 (f) of the Act (42 USC 7511b (f)).

(j) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under title VI of the Act

(42 USC 7671 to 7671q), unless the administrator has determined

that the requirements need not be contained in an operation permit.

(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.,

or chs. NR 400 to 499.

(m) Any source−specific emission limitation established pursuant to ch. 285, Stats., or rules promulgated thereunder.

(26m) “Application equipment” means a device used to apply

adhesive, coating, ink or polyester resin materials.

(27) “Approved” means approved by the department of natural resources.

(27m) “Approved material safety data sheet” means a material 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 effect on

February 1, 1998.

(28) “Baseline concentration” has the meaning given in s.

285.01 (11), Stats.

(29) “Basic emissions unit” means the smallest collection of

equipment which in combination emits or is capable of emitting

any air contaminant.

(30) “Belt conveyor” means a conveying device that transports material from one location to another by means of an endless

belt that is carried on a series of idlers and routed around a pulley

at each end.

(31) “Best available 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 failure of emission control

or emission monitoring equipment to function as a result of wear,

failure to repair, breakage, unavoidable damage, or other unintentional 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

or belt to which buckets are attached.

(36) “Bulk gasoline plant” means a gasoline storage and distribution 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

that are part of a processing plant.

(38) “Capture efficiency” 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 contaminant 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

air contaminant to a control device.

(40) “Coal” means all solid fuels classified as anthracite, bituminous, 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 articles into the machine, turning the machine on, and removing articles from the machine.

(43) “Cold cleaning” means the batch process of cleaning and

removing soils from metal surfaces by spraying, brushing, flushing or immersion while maintaining the solvent below its boiling

point. Wipe 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, dredging or landfilling specifically designed for 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 program of on−site modification which may include site clearance,

grading, dredging or landfilling in preparation for a specific modification 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 sufficiently
3 DEPARTMENT OF NATURAL RESOURCES NR 400.02

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strong to hold pieces together without further clamping, pressure

or airing.

(46) “Control device” means equipment used to destroy or

remove air contaminants in a gas stream exiting a capture system

prior to emission.

(47) “Control efficiency” means the percentage by which a

control device or technique reduces the emissions from a stationary 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 continuous process of cleaning and removing soils from metal surfaces 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 nonmetallic minerals, and includes, but is not limited to, the following

types: jaw, gyratory, cone, roll, rod mill, hammermill and impactor.

(52) “Day” means a 24−hour period beginning at midnight.

(53) “Department” means the department of natural

resources, state of Wisconsin.

(54) “Designated representative” means a responsible natural

person authorized by the owners and operators of an affected

source and of all affected units at the source, as evidenced by a certificate of representation submitted in accordance with 40 CFR

72.20 to 72.25, to represent and legally bind each owner and operator, 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

that prints the image directly on the selected substrate. Printing

using home and office 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 generator whose 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 indirectly, 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 conditions.

(63) “Facility” means an establishment—residential, commercial, institutional or industrial—which emits or causes emissions of air contaminants.

(64) “Federally enforceable” means all limitations and conditions 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 446 and under sections 111 and 112 of the

Act (42 USC 7411 and 7412), requirements within any applicable

state implementation plan and any permit requirements established pursuant to ch. NR 405, 406, 407, 408, or 409 except those

limitations and conditions which are designated as not federally

enforceable.

Note: Permit or state implementation plan limitations generally considered federally enforceable are limitations on the allowable capacity of the equipment, requirements 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. To 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

per year, 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 continuous 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 implementation 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

plant at which the processing equipment is attached or clamped by

a cable, 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 designated as a non−federal Class I area by EPA under 40 CFR 52.2581. The FCPC Class

I area has a geographic 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

or any derivative of fossil fuel, alone or in combination with any

other fuel, without regard to the percentage of fossil fuel consumed 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 emission 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 kilopascals or greater which is used as a fuel for internal combustion

engines.

(73) “Gasoline dispensing facility” means any site where gasoline is dispensed to motor vehicle gasoline tanks from stationary

storage tanks.

(73m) “General permit” means a permit that may be applicable 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

that is the aggregate of carbon dioxide (CO2), methane (CH4),

nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (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,

but are not limited to, the following types: hammer, roller, rod,

pebble and ball, and fluid energy. The grinding mill includes the

air conveying system, air separator or air classifier, where such

systems are used.

(76) ”Halogenated hazardous air pollutant compound” or

“halogenated HAP compound” means methylene chloride (CAS
 NR 400.02 WISCONSIN ADMINISTRATIVE CODE 4

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on this Website Official? Register July 2014 No. 703

no. 75−09−2), perchloroethylene (CAS no. 127−18−4), trichloroethylene (CAS no. 79−01−6), 1,1,1−trichloroethane (CAS

no. 71−55−6), carbon tetrachloride (CAS no. 56−23−5) or chloroform (CAS no. 67−66−3).

(77) “Halogenated hazardous air pollutant solvent” or “halogenated HAP solvent” means any solvent that contains a halogenated HAP compound or a combination of halogenated HAP compounds, in a total concentration greater than 5% by weight. The

concentration of these compounds in the solvent may be determined using Method 18 of Appendix A, 40 CFR part 60, incorporated by reference in s. NR 484.04 (16), material safety data sheets

or engineering calculations.

(78) “Hazardous air pollutants listed under section 112(b) of

the act” means the federally regulated air pollutants included in

the list in section 112(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 heating 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 implement, maintain and enforce air standards within the state, an air

region, or a portion of the state or region.

(83) “Incinerator” means a combustion apparatus designed

for high temperature operation in which solid, semisolid, liquid,

or gaseous 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 emissions 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 facilities; recreation, amusement, sports and entertainment facilities;

airports, bus terminals and train stations; office and government

buildings; and educational facilities.

(85m) “Industrial cleaning operations” means the process of

cleaning products, product components, tools, equipment or general work areas during production, repair, maintenance or servicing with solvents or solvent solutions.

(86) “Industrial sand mine” means any mine, pit or quarry to

which the standard industrial classification (SIC) category number 1446 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) “Kraft pulp” means any pulp produced with an alkaline

sulfide solution containing sodium hydroxide and sodium sulfide

for a 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 1411,

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 Classification 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 good operational

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 preventable upset condition or preventable equipment breakdown

are not malfunctions.

(95) “Maximum theoretical emissions” means the quantity of

air contaminants that theoretically could be emitted by a stationary source without control devices based on the design capacity

or maximum production capacity of the source. When determining annual maximum theoretical emissions, a source shall be presumed 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 materials, coatings and inks with the highest VOC content used in practice by the source. In determining the maximum theoretical emissions 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 with the highest hazardous

air contaminant 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 office of management

and budget in Metropolitan Areas, 1993, incorporated by reference in s. NR 484.05 (3).

Note: The 20 Wisconsin 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, Washington, Waukesha and Winnebago.

(97) “Minor source” means any stationary source which is not

a major source.

Note: Definitions for “major source” which apply in different 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, aircraft or 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, steamships, 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 the
5 DEPARTMENT OF NATURAL RESOURCES NR 400.02

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emission of an air contaminant not previously emitted. A modification does not include any changes identified in s. NR 406.04 (4).

(102) “Motor vehicle” 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 atmospheric temperature and pressure conditions.

(105) “New direct or portable source” means a direct or portable source, the construction or modification of which is commenced after April 1, 1972, or the effective date of promulgation

of an emission limit which applies.

(107) “Nitrogen oxides” or “NOx” means all oxides of nitrogen 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) Sodium compounds, including sodium carbonate, sodium

chloride and sodium sulfate.

(g) Pumice.

(h) Gilsonite.

(i) Talc and pyrophyllite.

(j) Boron, including borax, kernite and colemanite.

(k) Barite.

(L) Fluorospar.

(m) Feldspar.

(n) Diatomite.

(o) Perlite.

(p) Vermiculite.

(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 nonmetallic 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

hot solvent 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 efficiency” 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 oxidized by oxygen alone; ozone is a secondary pollutant resulting from the conversion of oxygen in the

presence of sunlight and such precursors as volatile organic compounds 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 airborne 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 contaminant per million parts of gas by volume.

(121) “Performance test” means measurements of emissions

or other procedures used for the purpose of determining compliance 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 institution, 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) “PM2.5” means particulate matter with an aerodynamic 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, incorporated by 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) “PM2.5 emissions” means PM2.5 emitted to the ambient air as measured by an applicable reference method or an equivalent or alternative method specified by the department. PM2.5

emissions include filterable emissions and gaseous emissions

from a source or activity that condense to form particulate matter

at ambient temperatures.

(123s) “PM10” means particulate matter with an aerodynamic 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) “PM10 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. PM10 emissions include filterable emissions and gaseous emissions from a source or activity

that condense to form particulate matter at ambient temperatures.
 NR 400.02 WISCONSIN ADMINISTRATIVE CODE 6

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(125) “Portable plant” means, with reference to any nonmetallic mineral processing plant, any plant that is mounted on any

chassis or skids and may be moved by the application of a lifting

or pulling force. In addition, there may be no cable, chain, turnbuckle, 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 transported to a different location. A portable source is

a type of direct stationary source.

Note: Examples are a portable asphalt plant, a portable package boiler or a portable 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

or on the type or amount of material combusted, stored or processed, 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 operations 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 process line.

(129) “Reasonably available control technology” or “RACT”

means that which provides the lowest emission rate that a particular source 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 categories.

(130) “Reconstruction” means the removal of components of

a stationary source and the substitution of those components with

similar new components to such an extent that the fixed capital

cost of the new components exceeds 50% of the fixed capital cost

that would be required to construct a comparable entirely new stationary source. The term “reconstruction” does not apply to minor

or indirect 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 emissions 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 source at a different location.

(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 container to a sink−like work area and the solvents or solvent solutions 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 operating condition.

(134) “Replacement of a source” means the physical dismantling of a stationary source and the substitution of that source with

a stationary 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 official” 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

or the proprietor, respectively.

(c) For a municipality, or a state, federal or other public

agency: either a principal executive officer or ranking elected official. For the purposes of this paragraph, a principal executive officer of a federal agency includes the chief executive officer having

responsibility for the overall operations of a principal geographic

unit of the agency, for example, a regional administrator of EPA.

(d) Notwithstanding pars. (a), (b) and (c), for affected 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 published as 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 and industrial sand mines, a monthly

average calculated each month by adding the total actual production of the preceding 12 calendar months, and dividing the total

by 12. If a new quarry has been in existence for less than 12 calendar months, 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 including 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

similar surfaces. Screening operation includes any grizzly, rotating screen or deck type screen. Screening operation does not

include washers that are designed to remove unwanted or unnecessary material from the product.

(142) “Secretary” means the secretary of the department of

natural resources, state of Wisconsin.

(143) “Semistationary source” means any facility, operation

or equipment that has the capability of emitting any air contaminant 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

direct or portable source or of emission control equipment.
7 DEPARTMENT OF NATURAL RESOURCES NR 400.02

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(145) “Smoke” means all products of combustion of sufficient density 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, incorporated by reference in s. NR 484.05 (1).

(150) “Standard pressure” means a pressure of 760 millimeters 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., technically impracticable rather than technically impossible.

(156) “Temperature sensor” means a thermometer or thermocouple 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 concentration 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 effects.

(159) “Total reduced sulfur” or “TRS” means the sum of any

sulfur containing compounds in which the oxidation state of sulfur

is less than zero.

Note: Common examples of such compounds are hydrogen sulfide, carbonyl sulfide, dimethyl sulfide, carbon disulfide, dimethyl disulfide and mercaptans.

(160) “Transfer point” means a point in a conveying operation where a nonmetallic mineral is transferred to or from a belt

conveyor except where the nonmetallic mineral is being transferred 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 photochemical 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−Trichloroethane (Methyl chloroform).

5. Trichlorofluoromethane (CFC−11).

6. Dichlorodifluoromethane (CFC−12).

7. Chlorodifluoromethane (HCFC−22).

8. Trifluoromethane (HFC−23).

9. 1,1,2−Trichloro−1,2,2−trifluoroethane (CFC−113).

10. 1,2−Dichloro−1,1,2,2−tetrafluoroethane (CFC−114).

11. Chloropentafluoroethane (CFC−115).

12. 1,1,1−Trifluoro−2,2−dichloroethane (HCFC−123).

13. 2−Chloro−1,1,1,2−tetrafluoroethane (HCFC−124).

14. Pentafluoroethane (HFC−125).

15. 1,1,2,2−Tetrafluoroethane (HFC−134).

16. 1,1,1,2−Tetrafluoroethane (HFC−134a).

17. 1,1−Dichloro−1−fluoroethane (HCFC−141b).

18. 1−Chloro−1,1−difluoroethane (HCFC−142b).

19. 1,1,1−Trifluoroethane (HFC−143a).

20. 1,1−Difluoroethane (HFC−152a).

21. Parachlorobenzotrifluoride (PCBTF).

22. Cyclic, branched or linear completely methylated siloxanes.

23. Acetone.

24. Perchloroethylene (Tetrachloroethylene).

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− Decafluoropentane (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

(C4F9OCH3 or HFE−7100).

41. 2−(Difluoromethoxymethyl)−1,1,1,2,3,3,3−heptafluoropropane ((CF3)2CFCF2OCH3).

42. 1−Ethoxy−1,1,2,2,3,3,4,4,4−nonafluorobutane

(C4F9OC2H5 or HFE−7200).

43. 2−(Ethoxydifluoromethyl)−1,1,1,2,3,3,3−heptafluoropropane ((CF3)2CFCF2OC2H5).

44. Methyl acetate.

45. 1,1,1,2,2,3,3−heptafluoro−3−methoxy−propane

(n−C3F7OCH3 or HFE−7000).

46. 3−Ethoxy−1,1,1,2,3,4,4,5,5,6,6,6−dodecafluoro−2−(trifluoromethyl) hexane (HFE−7500).

47. 1,1,1,2,3,3,3−Heptafluoropropane (HFC 227ea).

48. Methyl formate (HCOOCH3).

49. 1,1,1,2,2,3,4,5,5,5−decafluoro−3−methoxy−4−trifluoromethyl−pentane (C2F5CF(OCH3)CF(CF3)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.
 NR 400.02 WISCONSIN ADMINISTRATIVE CODE 8

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51. Dimethyl carbonate (C3H6O3).

52. Propylene carbonate (C4H6O3).

(b) The following compound is subject to all recordkeeping,

emissions reporting, photochemical dispersion modeling, inventory requirements and emissions fees which apply to VOCs and

shall be uniquely identified in emission reports, but is not considered 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

August 31, 2000, see the History note following s. NR 400.02 published in Register

November 2010, No. 659.

History: Cr. (36m), Register, August, 2000, No. 536, eff. 9−1−00; cr. (45m), Register, January, 2001, No. 541, eff. 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, eff. 11−1−03; CR 02−097: am. (95), cr. (162) (wm),

renum. NR 445.02 (1) to be NR 400.02 (27m) Register June 2004 No. 582, eff.

7−1−04;CR 01−081: am (64) Register September 2004 No. 585, eff 10−1−04; CR

03−066: renum. NR 404.02 (2) to be (19m) Register May 2005 No. 593, eff. 6−1−05;

CR 04−107: cr. (73m) and (131m) Register August 2005 No. 596, eff. 9−1−05; CR

04−106: am (64) Register November 2005 No. 599, eff. 12−1−05; CR 05−055:

renum. (162) (a) to be (a) 1., cr. (162) (a) (intro.) and 45. 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, eff. 1−1−06; CR 07−040: renum.

(162) (a) 49. to be (162) (a) 50., cr. (162) (a) 49. Register April 2008 No. 628, eff.

5−1−08;CR 10−012: cr. (162) (a) 51. and 52. Register September 2010 No. 657, eff.

10−1−10;CR 10−048: cr. (66m) Register November 2010 No. 659. eff. 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, eff. 12−1−10; EmR1046:

emerg. cr. (74m), eff. 12−15−10; CR 10−144: cr. (74m) Register August 2011 No.

668, eff. 9−1−11; CR 11−005: cr. (26m), (54m), (85m), (93m), (107m), (133e),

(133m), (133s) renum. from 423.02 (1), (8), (8L), (8t), (9c), (9n), (9r) Register January 2012 No. 673, eff. 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) “m2” — square meter

(em) “m3” — cubic meter

(f) “mg” — milligram—10−3 gram

(fm) “Mg” — megagram—106 gram

(g) “mm” — millimeter—10−3 meter

(gm) “mol” — mole

(h) “MW” — megawatt

(hm) “MWe” — 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) “μg” — 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) “ft2” — square feet

(h) “ft3” — cubic feet

(hm) “gal” — gallon

(i) “gr” — grain

(im) “hr” — hour

(j) “in” or ′′ — inch

(jm) “in Hg” — inches of mercury

(k) “in H2O” — 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) “yd2” — square yards

(sm) “yr” — year

(t) “μl” — microliter—10−6 liter

(tm) “μm” — micrometer—10−6 meter (micron)

(3) Chemical nomenclature:

(a) “Be” — beryllium

(b) “CdS” — cadmium sulfide

(c) “CO” — carbon monoxide

(d) “CO2” — carbon dioxide

(e) “HCl” — hydrochloric acid

(f) “Hg” — mercury

(g) “H2O” — water

(h) “H2S” — hydrogen sulfide

(i) “H2SO4” — sulfuric acid

(j) “N2” — nitrogen

(k) “NO” — nitric oxide

(L) “NO2” — nitrogen dioxide

(m) “NOx” — nitrogen oxides

(n) “O2” — oxygen

(o) “Pb” — lead

(om) “SF6” — sulfur hexafluoride

(p) “SO2” — sulfur dioxide

(q) “SO3” — sulfur trioxide

(r) “SOx” — sulfur oxides

(4) Miscellaneous:
8−1 DEPARTMENT OF NATURAL RESOURCES NR 400.03

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(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 Testing and Materials,

100 Barr Harbor Drive, West Conshohocken, PA 19428−2959

(c) “avg” — average

(cm) “BACT” — best available control technology

(cs) “CAS no.” — Chemical Abstracts Service registry number

(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) “EPA” — 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

air pollutants

(k) “O.D.” — outside diameter

(ke) “OSHA” — United States occupational safety and health

administration

(kg) “PFC” — perfluorocarbon

(ki) “PM2.5” — particulate matter with an aerodynamic diameter < 2.5 μm

(km) “PM10” — particulate matter with an aerodynamic diameter10 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, eff. 5−1−95; am. (2), Register,

December, 1995, No. 480, eff. 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, eff. 4−1−97; cr. (4) (ke), Register, September, 1997, No. 501, eff.

10−1−97; cr. (2) (ns), (rg), (4) (dg) and (ks), Register, October, 1999, No. 526, eff.

11−1−99;CR 05−040: cr. (4) (js) Register February 2006 No. 602, eff. 3−1−06; CR

10−050: cr. (4) (ki) Register November 2010 No. 659, eff. 12−1−10; EmR1046:

emerg. cr. (3) (om), (4) (go), (kg), eff. 12−15−10; CR 10−144: cr. (3) (om), (4) (go),

(kg) Register August 2011 No. 668, eff. 9−1−11.

17 DEPARTMENT OF NATURAL RESOURCES NR 405.02

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Chapter NR 405

PREVENTION OF SIGNIFICANT DETERIORATION

NR 405.01 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 405.11 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 (PALs).

NR 405.19 Forest County Potawatomi Class I area.

NR 405.01 Applicability; purpose. (1) APPLICABILITY.

The provisions of this chapter apply to the construction of any new

major stationary source or any project at an existing major stationary source located in an area designated as attainment or unclassifiable.

(2) PURPOSE. The purpose of this chapter is to establish, pursuant to s. 285.60, Stats., the requirements and procedures for

reviewing and issuing air pollution control construction permits

to any new major stationary source and any project at an existing

major stationary source located in an area designated as attainment or unclassifiable.

Note: Throughout the proposed rule, changes have been made which result in the

provisions of this PSD rule differing 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 Wisconsin’s statutory provisions on air

pollution. In addition, cross references in the federal regulation have been changed

in the rule to comparable provisions in Wisconsin’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”).

Eliminated from the rule are provisions of the federal regulations which do not apply

to the state’s PSD program (i.e., provisions governing EPA approval of plan revisions).

History: Cr. Register, January, 1987, No. 373, eff. 2−1−87; correction in (2) made

under s. 13.93 (2m) (b) 7., Stats., Register, December, 1996, No. 492; CR 03−118:

am. (1) and (2), Register June 2007 No. 618, eff. 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

a regulated NSR air contaminant from an emissions unit, as determined in accordance with pars. (a) to (c), except that this definition does not apply for calculating whether a significant emissions

increase has occurred, or for establishing a PAL under s. NR

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

(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 representative of normal source operation. The department shall allow the

use of a different 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 during the selected time period.

(b) The department may presume that source−specific allowable emissions for the unit are equivalent to the actual emissions

of the unit.

(c) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.

(2) “Allowable emissions” means the emissions rate of a stationary 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 111 and 112 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 permit condition.

(2m) “Baseline actual emissions” means the rate of emissions, 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, baseline 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 period immediately preceding when the owner

or operator begins actual construction of the project. The department shall allow the use of a different time period upon a determination 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, shutdowns 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 different consecutive 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 average 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

permit application is received by the department for a permit

required under ch. NR 406 or for a permit revision under ch. NR
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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, shutdowns 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 would have 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 promulgated 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 different consecutive 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, for all other purposes, shall equal the unit’s

potential to emit.

(d) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in par. (a),

for other existing emissions units in accordance with the procedures 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

minor source baseline date would construct or would have an air

quality impact equal to or greater than 1 g/m3 (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 which either

establishes a minor source baseline date or is subject to this chapter.

(4) (a) “Baseline concentration” means that ambient concentration 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,

but were not in operation by the applicable minor source baseline

date.

(b) The following will not be included in the baseline concentration and will affect the applicable maximum allowable

increases:

1. Actual emissions from any major stationary source on

which construction commenced after the major source baseline

date.

2. Actual emissions 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

not limited to, installation of building supports and foundations,

laying of underground pipework and construction of permanent

storage structures. With 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.

(7) “Best available control technology” or “BACT” means an

emissions limitation, including a visible emissions standard,

based on the maximum degree of reduction for each air contaminant 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 available 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 111

and 112 of the Act (42 USC 7411 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 economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of

an emissions standard infeasible, a design, equipment, work practice, operational standard 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 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 contaminant, belong 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 activities of any vessel. Regulated NSR air contaminant emitting 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, including technologies applied at the precombustion, combustion, or

post combustion stage, at a new or existing facility which will

achieve significant reductions in air 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.

(8s) “Clean coal technology demonstration project” means a

project using funds appropriated under the heading ‘Department

of Energy−Clean Coal Technology’, 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 DEPARTMENT OF NATURAL RESOURCES NR 405.02

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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 stationary 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 reasonable time.

(b) Entered into binding agreements or contractual obligations, 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

for processing the application. 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, installation, 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 determination 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 process and control device operational parameters, and to record

average operational parameter values on a continuous basis.

Note: Process and control device operational parameters include secondary voltages and electric currents, and other information, such as gas flow rate, O2 or CO2

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 energy output capacity of the affected 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 generating unit. For purposes of this chapter, there are 2 types of emissions 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 the department 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

feet or 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 possessing power of self−government.

(18) “Indian reservation” means any federally recognized reservation 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

at lower cost in terms of energy, economics, or nonair quality environmental 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) “Major modification” means any physical change in or

change in the method of operation of a major stationary source

that would result in a significant emissions increase of a regulated

NSR air contaminant and a significant net emissions increase of

that air 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 791a to 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 condition 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

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 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 prohibited under 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 issued pursuant to ch. NR 407, or pursuant to a

permit issued under 40 CFR Part 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 demonstration
 NR 405.02 WISCONSIN ADMINISTRATIVE CODE 20

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project, provided that the project complies with both of the following:

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 potential 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 PAL

for that 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 particulate matter 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 thermal dryers), kraft pulp mills, portland cement plants, primary zinc

smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging 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 natural 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, petroleum storage and transfer units with a total storage capacity

exceeding 300,000 barrels, taconite ore processing plants, glass

fiber processing plants, and charcoal production plants.

2. Notwithstanding the stationary source size specified in

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 stationary source by itself.

(b) A major source that is major for volatile organic compounds shall be considered major for ozone.

(c) Volatile 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 caused by 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

major stationary source or a major modification subject to 40 CFR

52.21 or to regulations approved pursuant to 40 CFR 51.166 submits a complete application under the relevant regulations. The

trigger date 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 difference between the sum of

emission increases and the sum of emission decreases of the following exceeds zero:

1. The increase in emissions from a particular physical

change or change in 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 subdivision 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 contemporaneous 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 and the permit is in effect when the

increase in actual emissions from the particular change occurs.

(d) An increase or decrease in actual emissions of sulfur dioxide, nitrogen oxides or particulate matter measured as PM10 which

occurs before the applicable minor source baseline date is creditable 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. The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of

actual emissions.

2. It is enforceable as a practical matter at and after the time

that actual 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. Any
21 DEPARTMENT OF NATURAL RESOURCES NR 405.02

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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 “PAL” means

an emission limitation expressed in tons per year, for a regulated

NSR air contaminant at a major stationary source, that is enforceable as a practical matter and established source−wide in accordance with s. NR 405.18.

(25) “Potential to emit” means the maximum capacity of a stationary 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

or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the

effect it would have on emissions is federally enforceable. Secondary 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 control device operational parameters and to calculate and record the

mass emissions rate on a continuous basis.

Note: Process and control device operational parameters include secondary voltages and electric currents, and other information, such as gas flow rate, O2 or CO2

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 incorporated into the state implementation plan to implement the requirements 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 date the unit resumes regular operation

after the 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 emissions unit’s capacity or potential would result in a significant net

emissions increase, “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 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 company’s expected business activity and the company’s highest projections 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 following 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 unrelated 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−fired utility 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 system of emissions control that achieves a removal efficiency for

sulfur dioxide of no less than 85% and a removal efficiency for

particulates of no less than 98%.

(c) It is equipped with low−NOx 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 following:

(a) Any air contaminant for which a national ambient air quality standard has been promulgated.

(ag) PM2.5 emissions and PM10 emissions. As defined in s. NR

400.02 (123m) and (124), respectively, these terms include filterable emissions and gaseous emissions from a source or activity

which condense to form particulate matter at ambient temperatures.

(ar) Any air contaminant that is identified under this paragraph

as a precursor to an air contaminant for which a national ambient

air quality standard has been promulgated by the EPA, or that the

EPA has determined to be a constituent or precursor to an air contaminant for which a national ambient air quality standard has

been promulgated by the EPA. The precursors identified by the

administrator are as follows:

1. Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas.

2. Sulfur dioxide is a precursor to PM2.5 in all attainment and

unclassifiable areas.

3. Nitrogen oxides are precursors to PM2.5 in all attainment

and unclassifiable areas, unless the department demonstrates to

the administrator’s satisfaction or the EPA demonstrates that

emissions of nitrogen oxides from sources in a specific area are

not a significant contributor to the area’s ambient PM2.5 concentrations.

(b) Any air contaminant that is subject to any standard promulgated under section 111 of the Act (42 USC 7411).

(c) Any Class I or II substance subject to a standard promulgated 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 112 of the Act (42 USC 7412) or added to the list

pursuant to section 112(b)(2) of the Act (42 USC 7412(b)(2)),

which have not been delisted pursuant to section 112(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 constituent or precursor of a general air contaminant listed under section 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 emission reductions may be generated from shutting down the existing

emissions unit that is replaced.
 NR 405.02 WISCONSIN ADMINISTRATIVE CODE 22

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(a) The emissions unit is a reconstructed unit within the meaning 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 technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics,

direct and indirect coal−fired turbines, integrated gasification fuel

cells, or as determined by the administrator, in consultation with

the federal secretary of energy, a derivative of one or more of these

technologies, and any other technology capable of controlling

multiple combustion emissions simultaneously with improved

boiler or generation efficiency 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

or both which has been awarded clean coal technology demonstration funding as of January 1, 1991, by the federal department

of energy.

(c) The department shall give expedited consideration to permit applications 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

emit a pollutant for the 2−year period after a physical change or

change in the method of operation of a unit, or a different consecutive 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 effect any such 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 representations, 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,

that portion of the unit’s emissions following the change that

could have been accommodated during the representative baseline period and is attributable to an increase in projected capacity

utilization at the unit that is unrelated to the particular change,

including any increased utilization due to the rate of electricity

demand growth for the utility system as a whole.

(26) “Secondary emissions” means emissions which occur as

a result of the construction or operation of a major stationary

source or major modification, but do not come from the major stationary 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 from any offsite support

facility which would not be constructed or increase its emissions

except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do

not include 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 contaminants in Table A, a rate of emissions that would equal or exceed

any of the rates in Table A.

Table 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. PM10: 15 tpy

5m. PM2.5: 10 tpy, also 40 tpy of nitrogen oxides or 40 tpy of

sulfur dioxide

6. Ozone: 40 tpy of volatile organic compounds

7. Lead: 0.60 tpy

8. Municipal solid waste landfill emissions (measured as nonmethane organic compounds): 50 tpy

9. Fluorides: 3.0 tpy

10. Sulfuric acid mist: 7.0 tpy

11. Hydrogen sulfide (H2S): 10 tpy

12. Total reduced sulfur (including H2S): 10 tpy

13. Reduced sulfur compounds (including H2S): 10 tpy

14. Municipal waste combustor (MWC) acid gases (measured as total sulfur dioxide and hydrogen chloride): 40 tpy

15. MWC metals (measured as particulate matter): 15 tpy

16. MWC organics (measured as total tetra− through octa−

chlorinated dibenzo−p−dioxins and dibenzofurans): 3.510−6 tpy

(c) “Significant” means any emissions rate in reference to a net

emissions increase or the potential of a source to emit an air contaminant subject to regulation under the Act other than air contaminants listed in par. (a) or under section 112 (b) of the Act (42 USC

7412 (b)).

(d) Notwithstanding par. (a), “significant” means any emissions 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/m3 (24−hour average).

(27m) “Significant emissions increase” means, for a regulated 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, facility 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

air contaminant, that the contaminant is subject to either a provision of the Act, or a nationally applicable regulation codified by

the administrator in title 40, chapter I, subchapter C of the CFR,

that requires actual control of the quantity of air emissions of the

contaminant, and that the control requirement has taken effect 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 project” means a clean 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 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, January, 1987, No. 373, eff. 2−1−87; am. (27) (a) Register,

December, 1988, No. 396, eff. 1−1−89; am. (intro.), (22) (c), (24) (d), (27) (b) and

(28), cr. (22) (d), Register, May, 1992, No. 437, eff. 6−1−92; emerg. am. (7) and (27)
23 DEPARTMENT OF NATURAL RESOURCES NR 405.05

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(a) and (b), eff. 11−15−92; am. (intro.), (1) (c), (7), (8) and (27) (a), cr. (1) (d), (8m),

(8s), (11m), (21) (b) 8. to 11., (24m), (25g), (25m), (25s) and (29), renum. (14) to be

NR 400.02 (39m) and am., r. (27) (b), Register, May, 1993, No. 449, eff. 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, eff. 5−1−95; am. (1) (d), (2) (intro.),

(3) (intro.), (a), (4) (a) (intro.), 1. and 2., (b) 1. and 2., (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, eff. 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, eff. 1−1−97; am. (21) (b) (intro.), 5. and (22)

(c), Register, October, 1999, No. 526, eff. 11−1−99; CR 01−081: am. (22) (c) Register

September 2004 No. 585, eff. 10−1−04; CR 03−118: am. (1) (intro.), (a) to (c), (8),

(11) and (12), r. (1) (d), (24m), (27) (a) 8., 17. and 18., cr. (2m), (11c), (11e), (11j),

(20m), (24j), (25b), (25d), (25e), (25f), (25i) and (27m), r. and recr. (21) and (24),

Register June 2007 No. 618, eff. 7−1−07; CR 06−109: cr. (27) (a) 8. Register May

2008 No. 629, eff. 6−1−08; CR 07−104: am. (12) (b) and (22) (a) 1., cr. (25k) Register

July 2008 No. 631, eff. 8−1−08; CR 07−036: am. (22) (c) Register November 2008

No. 635, eff. 12−1−08; CR 10−050: am. (25k) (intro.), cr. (27) (a) 5m. Register

November 2010 No. 659, eff. 12−1−10; EmR1046: emerg. cr. (28m), eff. 12−15−10;

CR 10−144: cr. (28m) Register August 2011 No. 668, eff. 9−1−11; 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) For projects that only involve existing

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 difference between the projected actual

emissions and the baseline actual emissions for each existing

emissions unit involved in the project.

(2) For projects that only involve construction of a new emissions unit or 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 differences between the potential

to emit from each new emissions unit following completion of the

project and the baseline actual emissions for each unit before the

project.

(3) For projects 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 03−118: cr. Register June 2007 No. 618, eff. 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 in size.

(d) National parks which exceed 6,000 acres in size.

(2) Any other area, unless otherwise specified in the legislation 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

or II:

(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 national lakeshore or seashore.

(b) A national park or national wilderness area established

after August 7, 1977, which exceeds 10,000 acres in size.

(4) The extent of the areas referred to in subs. (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, eff. 2−1−87; emerg. cr. (4), eff.

11−15−92; cr. (4), Register, May, 1993, No. 449, eff. 6−1−93.

NR 405.04 Exclusions from increment consumption. (1) All of the following concentrations shall be excluded

in determining compliance with a maximum allowable increase:

(a) Concentrations attributable to the increase in emissions

from stationary sources which have converted from the use of

petroleum products, natural gas, or both by reason of an order in

effect under sections 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (15 USC 791 to 798) over the

emissions from such sources before the effective date of such an

order.

(b) Concentrations attributable to the increase in emissions

from sources which have converted from using natural gas by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act (16 USC 791a to 828c) over the emissions from

such sources before the effective date of the plan.

(c) Concentrations of particulate matter attributable to the

increase in emissions from construction or other temporary emission−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 affected 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 effective dates.

(4) For purposes 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

a longer time is approved by the administrator.

(b) Specifies that the time period for excluding certain contributions 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 an area where an applicable increment is known to be violated.

2. Cause or contribute to the violation of a national ambient

air quality standard.

(d) Requires limitations to be in effect at the end of the time

period specified in accordance with par. (a) which would insure

that the emissions levels from stationary sources affected 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, eff. 2−1−87; am. (1) (e), (2), (3) and

(4) (a), Register, May,1992, No. 437, eff. 6−1−92; am. (1) (a) and (e), (4) (intro.) and

(a), r. (3), Register, December, 1995, No. 480, eff. 1−1−96; am. (1) (intro.), (a), (b),

(4) (c) (intro.), Register, December, 1996, No. 492, eff. 1−1−97.

NR 405.05 Redesignation. (1) All areas of the state,

except as otherwise provided under s. NR 405.03, shall be designated 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 administrator as a revision to the applicable state implementation plan.

(2) The department may redesignate areas of the state Class I

or Class II if the following criteria are met:

(a) At least one public hearing has been held in the area

affected.

57 DEPARTMENT OF NATURAL RESOURCES NR 408.02

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Chapter NR 408

CONSTRUCTION PERMITS FOR DIRECT MAJOR SOURCES IN NONATTAINMENT AREAS

NR 408.01 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 offsets.

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 408.11 Plant−wide applicability limitations (PALs).

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, eff. 6−1−93.

NR 408.01 Applicability; purpose. (1) APPLICABILITY.

This chapter applies to all new direct major sources and all major

modifications to direct major sources located in areas designated

as ozone transport regions or nonattainment areas by the U.S.

environmental protection agency or by the department.

(2) PURPOSE. The purpose of this chapter is to establish

requirements and procedures, in addition to those in ch. NR 406,

for reviewing and issuing construction permits to all new direct

major sources and all major modifications to direct major sources

located in areas designated as ozone transport regions or nonattainment areas by the U.S. environmental protection agency or by

the department.

History: Cr. Register, May, 1993, No. 449, eff. 6−1−93; am. Register, June, 1995,

No. 474, eff. 7−1−95.

NR 408.02 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

a regulated NSR air contaminant from an emissions unit, as determined in accordance with pars. (a) to (c), except that this definition does not apply for calculating whether a significant emissions

increase has occurred, or for establishing a PAL under s. NR

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

(a) Actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during 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 different time

period upon a determination by the department 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 during the

selected time period.

(b) For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.

(c) The department may presume that source−specific allowable emissions for the unit are equivalent to the actual emissions

of the unit.

(2) “Allowable emissions” means the emissions rate of a stationary 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 subject to such federally enforceable limits, and using the most stringent 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 limitation including a limitation with a future compliance date.

(d) Any emissions rate specified as a federally enforceable permit condition, including a limitation with a future compliance

date.

(2m) “Baseline actual emissions” means the rate of emissions, 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, baseline 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 period immediately preceding when the owner

or operator begins actual construction of the project. The department shall allow the use of a different time period upon a determination 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, shutdowns 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 different consecutive 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 average 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

permit application 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, shutdowns 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 would have 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
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an emission limitation is part of a maximum achievable control

technology standard that the administrator proposed or promulgated 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 different consecutive 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 PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in par. (a),

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

(3) “Begin actual construction” means the initiation of physical 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 underground pipe work and construction of permanent storage structures. With 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) “Best available 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 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 the source or modification through application of production

processes or available methods, systems and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of the air contaminant. In no event may application of best available control technology result in emissions of any

air contaminant which would exceed the emissions allowed by

any applicable standard under chs. NR 440 and 447 to 449 and

subch. IV of ch. NR 446 and 40 CFR parts 60 and 61. If the department determines that technological or economic limitations on the

application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard

infeasible, a design, equipment, work practice, operational standard 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

for compliance 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 contaminant, which belong 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 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.

(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 Technology’, 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 contribution 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

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 reasonable time.

(b) Entered into binding agreements or contractual obligations, 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 necessary, as determined by the department, for processing the application. 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, installation, 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 determination 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 a continuous

basis.

Note: Process and control device operational parameters include secondary voltages and electric currents, and other information, such as gas flow rate, O2 or CO2

concentrations.

(12) “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 of electrical output to any utility power dis-
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tribution 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 energy 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 generating unit. For purposes of this chapter, there are 2 types of emissions 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. (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 fossil fuel−fired units, to produce steam by indirect heat transfer, and

includes units that produce steam for electric generation. The heat

input for 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

that combust fossil fuel to produce electricity. The total heat input

for a plant from fossil fuel−firing is the sum of the heat inputs from

fossil fuel−firing for each combustion unit that is part of the plant.

(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

other organized 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,

for any 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 achievable.

(b) The most stringent emissions limitation which is achieved

in practice by the class or category of stationary source. This limitation, when applied to a modification, means the lowest achievable emission rate for the new or modified emissions units within

a stationary source. In no event may the application of the term

permit a 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 a major stationary source

that would result in a significant emissions increase of a regulated

NSR air contaminant and a significant net emissions increase of

that air contaminant from the major stationary source.

(a) Any physical change in, or change in the method of operation of a major source of VOCs located in an extreme nonattainment area for ozone which results in any increase in emissions of

VOCs from any discrete operation, emissions unit or other pollutant emitting 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

for ozone.

(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

net emissions increase of nitrogen oxides is considered significant

for ozone, 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 PM10 precursors, any significant

net emissions increase of a PM10 precursor is considered significant for PM10.

(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 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 791a to 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 December 21, 1976, unless the change would be prohibited under any

federally enforceable permit condition which was established

after December 21, 1976 pursuant to this chapter or ch. NR 405

or 406 or under an operation permit issued pursuant to ch. NR 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.

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 prohibited under any federally

enforceable permit condition which was established after December 21, 1976 pursuant to this chapter, ch. NR 405, or 406 or under

operation permits issued pursuant to ch. NR 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.

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 the following:

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 408.11 for a PAL for
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that air contaminant. Instead the definition in s. NR 408.11 (2) (e)

shall apply.

(21) “Major source” means the following:

(a) 1. Any stationary source of air contaminants which emits

or has the potential to emit 100 tons per year (tpy) or more of any

air contaminant 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 PM10, or where applicable, a PM10 precursor, in

any serious nonattainment area for PM10.

b. 50 tpy of VOC in 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 in the

state, the department will make the determination of whether stationary sources contribute significantly to the carbon monoxide levels in accordance with rules or guidance 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

permit application was submitted or was required to be submitted

after November 15, 1992 is major for nitrogen oxides if it is

located in any ozone nonattainment area or ozone transport region

and it emits, or has the potential to emit, nitrogen oxides as follows:

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 classified under the Act as attainment or unclassifiable for ozone that are located in any ozone transport region.

2. 50 tpy or more of nitrogen oxides in any serious nonattainment area for ozone.

3. 25 tpy or more of nitrogen oxides in any severe nonattainment area for ozone.

4. 10 tpy or more of nitrogen oxides in any extreme nonattainment area for ozone.

(c) A stationary source that is major for VOC shall be considered 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 PM10 precursor shall be considered major for PM10.

(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 produce ethanol by natural 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).

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.

11. 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. Taconite ore processing plants.

29. Any other stationary source category regulated under section 111 or 112 of the Act (42 USC 7411 or 7412) before November 15, 1990.

(f) Mobile source emissions indirectly caused by 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 quality control laws and regulations and those air quality control laws

and regulations which are part of the applicable state implementation 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 difference between the sum of

emission increases and the sum of emission decreases of the following exceeds zero:

1. The increase in emissions from a particular physical

change or change in 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 subdivision 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 contemporaneous 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.
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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 and the permit is in effect 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. The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of

actual emissions.

2. It is enforceable as a practical matter at and after the time

that actual 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 determining creditable increases and decreases or after a change.

(24) (a) “Nonattainment area” means any area that does not

meet the 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

for the purpose of applying an attainment date or for other purposes, 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 PM10: 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

that has been approved by the administrator and incorporated into

the state implementation plan to implement the requirements of 40

CFR part 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 “PAL” means

an emission limitation expressed in tons per year, for a regulated

NSR air contaminant at a major stationary source, that is enforceable as a practical matter and established source−wide in accordance with s. NR 408.11.

(26) “PM10 precursor” means, for the purposes of implementing the requirements of s. NR 408.03 (4), sulfur dioxide, nitrogen

oxides or volatile organic compounds.

(28) “Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operation limitation on the capacity

of the source to emit a pollutant shall be treated as part of its design

if the limitation or the effect it would have on emissions is federally 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

or on the type or amount of material combusted, stored or processed. Secondary emissions may not be counted in determining

a source’s potential to emit.

Note: A permit limitation on 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 control device operational parameters and to calculate and record the

mass emissions rate on a continuous basis.

Note: Process and control device operational parameters include secondary voltages and electric currents, and other information, such as gas flow rate, O2 or CO2

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 date the unit resumes regular operation

after the 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 emissions unit’s capacity or potential would result in a significant net

emissions increase, “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 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 company’s expected business activity and the company’s highest projections 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 following 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 unrelated 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 incremental reductions in emissions of the relevant air pollutant required by

part D of title I of the Act (42 USC 7501 to 7515) or may reasonably be required by the department or the administrator for the

purpose of ensuring attainment of the applicable national ambient

air quality standards in an area by the applicable statutory deadline.

(29m) “Regulated NSR air contaminant” means all of the following:
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(a) Nitrogen oxides or any volatile organic compounds.

(b) Any air contaminant for which a national ambient air quality standard has been promulgated.

(c) Any air contaminant that is identified under this paragraph

as a precursor of a general air contaminant listed under par. (a) or

(b), or that the EPA has determined to be a constituent or precursor

of a general air contaminant listed under par. (a) or (b), provided

that a constituent or precursor pollutant may only be regulated

under this chapter as part of regulation of the general air contaminant. The precursors identified by the administrator are as follows:

1. Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas.

2. Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas.

3. Nitrogen oxides are presumed to be precursors to PM2.5 in

all PM2.5 nonattainment areas, unless the department demonstrates to the administrator’s satisfaction or the EPA demonstrates

that emissions of nitrogen oxides from sources in a specific area

are not a significant contributor to the area’s ambient PM2.5 concentrations.

(d) PM2.5 emissions and PM10 emissions. As defined in s. NR

400.02 (123m) and (124), respectively, these terms include filterable emissions and gaseous emissions from a source or activity

which condense to form particulate matter at ambient temperatures.

(29s) “Replacement unit” means an emissions unit for which

all the criteria listed in pars. (a) to (d) are met. No creditable emission reductions shall be generated from shutting down the existing

emissions unit that is replaced.

(a) The emissions unit is a reconstructed unit within the meaning 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

emit a pollutant for the 2−year period after a physical change or

change in the method of operation of a unit, or a different consecutive 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 effect 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 representations, 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,

that portion of the unit’s emissions following the change that

could have been accommodated during the representative baseline period and is attributable to an increase in projected capacity

utilization at the unit that is unrelated to the particular change,

including any increased utilization 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

or major modification, but do not come from the major source or

major modification itself. For the purpose of this chapter, secondary emissions shall be specific, well defined, quantifiable and

impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions

include emissions from any off−site support facility which would

not be constructed or increase its emissions except as a result of

the construction or operation of the major source or major modification. 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. PM10: 15 tpy.

5m. PM2.5: 10 tpy; 40 tpy for nitrogen oxides; and 40 tpy for

sulfur dioxide.

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 emissions resulting from any physical change in, or change in the

method of operation of, a stationary source in a serious nonattainment area for carbon monoxide is significant if the increase

exceeds 50 tpy, provided stationary sources contribute significantly to carbon monoxide levels in that area.

Note: If any serious nonattainment area for carbon monoxide is designated in the

state, the department will make the determination of whether stationary sources contribute significantly to the carbon monoxide levels in accordance with rules or guidance 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

result from any physical change in, or change in the method of

operation of, a stationary source for which a complete construction permit application was submitted or was required to be submitted after November 15, 1992 and which is located in a serious

or severe 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

major source of VOCs located in an extreme nonattainment area

for ozone shall be considered significant.

(e) Notwithstanding the significant emission rates for PM10

under par. (a), a net increase in PM10 emission resulting from a

physical change in, or a change in the method of operation of, a

stationary source in a serious nonattainment area for PM10 is significant 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 a complete 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 DEPARTMENT OF NATURAL RESOURCES NR 408.04

The Wisconsin Administrative Code on this web site is updated on the 1st day of each month, current as of that date. See also Are the Codes

on this Website Official? 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 PM10 precursor located in a moderate PM10 nonattainment area, the significant emission rate for

the PM10 precursor is 15 tpy.

(h) For the purposes of applying the requirements of s. NR

408.03 (4) to a major source of a PM10 precursor located in a serious PM10 nonattainment area, the significant emission rate for the

PM10 precursor is 10 tpy.

(32m) “Significant emissions increase” means, for a regulated 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 project” means a clean coal technology demonstration project that is

operated for a period of 5 years or less, and which complies with

the state implementation plan 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, eff. 6−1−93; am. (21) (a) 1. intro., cr.

(21) (f), Register, June, 1995, No. 474, eff. 7−1−95; am. (4), (5), (20) (e) 5. a. and b.,

(21) (intro.), Register, December, 1995, No. 480, eff. 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, eff. 1−1−97; CR 01−081:

am. (2) (a) and (4) Register September 2004 No. 585, eff. 10−1−04; CR 03−118: am.

(1), (4), (5), (11), (13) and (21) (a) 1., cr. (2m), (11e), (11m), (11s), (13m), (24m),

(25s), (28e), (28j), (28m), (28s), (29m) and (32m), r. and recr. (20) and (23), r. (27),

Register June 2007 No. 618, eff. 7−1−07; CR 07−104: am. (13) (b) and (21) (e) 5.,

cr. (29s) Register July 2008 No. 631, eff. 8−1−08; CR 07−036: am. (2) (a) and (4) Register November 2008 No. 635, eff. 12−1−08; CR 10−050: cr. (32) (a) 5m. Register

November 2010 No. 659, eff. 12−1−10; CR 13−070: am. (20) (e) 5. a., b., 6., renum.

(29m) (c) to (c) (intro.) 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) For projects that only involve existing

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 difference between the projected actual

emissions and the baseline actual emissions for each existing

emissions unit involved in the project.

(2) For projects that only involve construction of a new emissions unit or 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 differences between the potential

to emit from each new emissions unit following completion of the

project and the baseline actual emissions for each unit before the

project.

(3) For projects 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 03−118: cr. Register June 2007 No. 618, eff. 7−1−07.

NR 408.03 Source applicability and exemptions.

(1) No person may begin actual construction of a major source or

major modification to which the requirements of this chapter

apply unless the person has a permit which states that the stationary 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

for the pollutant, or the precursor of the pollutant, as applicable,

for which 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 be constructed anywhere in the designated 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 significant net 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 PM10 shall also

apply to each PM10 precursor for which the source is a major

source, except that the requirements do not apply where the

administrator determines that the sources of PM10 precursors do

not significantly contribute to PM10 levels which exceed the PM10

ambient standards.

(5) The requirements of ss. NR 408.04 to 408.10 applicable

for new 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

not apply if the administrator determines, when the administrator

approves a plan, plan revision or petition under provisions of section 182 (f) of the Act (42 USC 7511a(f)), that the statutory

requirements of section 182 (f) do not apply.

(6) For any major modification which results in a significant

net emissions increase of VOCs in a serious or severe nonattainment area 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

not apply with respect to the VOCs if the owner or operator of the

source elects to offset the increase in VOC emissions by a greater

reduction in emissions of VOCs from other operations, units or

activities within the source, at an internal offset ratio of at least 1.3

to 1.

(7) Notwithstanding the requirements for offsets under s. NR

408.06, emission offsets for an increase in the emissions of VOCs

will not be required for a major modification which results in a significant 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 implementation 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 are considered

in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the source categories contained in s. NR 408.02 (21) (e).

(9) For attainment 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, eff. 6−1−93; am. (5), Register, December, 1996, No. 492, eff. 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 standard or standard of performance under chs. NR 440 and447 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 the requirements of this

chapter for which it would result in a significant 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 operation in the unit.

(4) For phased construction projects, the determination of the

lowest achievable 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 affected stationary source may be