Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 408 - Construction Permits For Direct Major Sources In Nonattainment Areas › Section NR 408.04 - Control technology review

Current through June 24, 2024
(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 and
			447 to
			449 and subch. IV of ch. NR
			446..
(2) A new major source shall
			apply the lowest achievable emission rate for each pollutant subject to the
			provisions of this chapter that it would have the potential to emit in an
			amount which makes the source a major source. This provision applies to each
			new emissions unit at which emission increases would occur.
(3) A major modification shall apply the
			lowest achievable emission rate for each pollutant subject to 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 required to demonstrate the adequacy of any previous
			determination of the lowest achievable emission rate for the source.
(5) In the case of any major modification
			which results in a significant net emissions increase in VOC emissions in a
			serious or severe nonattainment area for ozone, if the modification occurs at a
			source which emits or has the potential to emit 100 tons or more of the VOCs
			per year, the requirements of sub. (3), concerning compliance with the lowest
			achievable emission rate, will not apply if the owner or operator of the source
			elects to offset the increase of emissions of the VOCs by a greater reduction
			in emissions of VOCs from other operations, units or pollutant emitting
			activities within the source at an internal offset ratio of at least 1.3 to
			1.
(6) In the case of any major
			modification which results in a significant net emissions increase in VOC
			emissions in a serious or severe nonattainment area for ozone, if the source's
			potential to emit is less than 100 tpy of VOCs, the source shall be required to
			comply with BACT as a substitute for the LAER otherwise required under sub.
			(3).
(7) The department shall, for
			each new major source and major modification, submit to the U.S. environmental
			protection agency, within 60 days of issuance of the construction permit, all
			information on the emissions prevention or control technology for the new major
			source or major modification.
The data submitted by the department will be included in
				the U.S. environmental protection agency's RACT/BACT/LAER Clearinghouse.