Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 405 - Prevention Of Significant Deterioration › Section NR 405.14 - Sources impacting federal Class I areas - additional requirements

Current through June 24, 2024
(1) NOTICE TO
			EPA. The department shall transmit to the administrator a copy of each permit
			application relating to a major stationary source or major modification and
			provide notice to the administrator of every action related to the
			consideration of such permit.
(2)
			FEDERAL LAND MANAGER. The federal land manager and the federal official charged
			with direct responsibility for management of Class I lands have an affirmative
			responsibility to protect the air quality related values (including visibility)
			of any such lands and to consider, in consultation with the administrator,
			whether a proposed source or modification would have an adverse impact on such
			values.
(3) DENIAL - IMPACT ON AIR
			QUALITY RELATED VALUES. The department shall allow the federal land manager of
			any Class I lands the opportunity to present to the department after the
			department's preliminary determination required under procedures developed in
			accordance with s.
			NR 405.16, a
			demonstration that the emissions from the proposed major source or major
			modification would have an adverse impact on the air quality related values
			(including visibility) of any federal mandatory Class I lands, notwithstanding
			that the change in air quality resulting from emissions from such source or
			modification would not cause or contribute to concentrations which would exceed
			the maximum allowable increases for a Class I area. If the department concurs
			with such demonstration, the permit may not be issued.
(4) CLASS I VARIANCES. The owner or operator
			of a proposed major source or major modification may demonstrate to the federal
			land manager that the emissions from the source would have no adverse impact on
			the air quality-related values, including visibility, of these lands,
			notwithstanding that the change in air quality resulting from emissions from
			the source or modification would cause or contribute to concentrations which
			would exceed the maximum allowable increases for a Class I area. If the federal
			land manager concurs with this demonstration and so certifies to the
			department, the department may, provided that applicable requirements of this
			chapter are otherwise met, issue the permit with such emission limitations as
			may be necessary to assure that emissions of particulate matter measured as
			PM10, sulfur dioxide and nitrogen dioxide would not
			exceed the following maximum allowable increases over minor source baseline
			concentration for these air contaminants.
Pollutant
Maximum allowable increase
(µg/m3)
PM10
Annual arithmetic mean
17
24-hour maximum
30
Sulfur dioxide
Annual arithmetic mean
20
24-hour maximum
91
3-hour maximum
325
Nitrogen dioxide
Annual arithmetic mean
25
(5)
			SULFUR DIOXIDE VARIANCE BY DEPARTMENT WITH FEDERAL LAND MANAGER'S CONCURRENCE.
(a) The owner or operator of a proposed major
			source or major modification which cannot be approved under procedures
			developed pursuant to sub. (4) may demonstrate to the department that the
			source or modification cannot be constructed by reason of any maximum allowable
			increase for sulfur dioxide for periods of 24-hours or less applicable to any
			Class I area and, in the case of federal mandatory Class I areas, that a
			variance under this subsection would not adversely affect the air quality
			related values of the area (including visibility).
(b) The department, after consideration of
			the federal land manager's recommendation (if any) and subject to his or her
			concurrence, may grant, after notice and an opportunity for a public hearing, a
			variance from such maximum allowable increase.
(c) If such variance is granted, the
			department shall issue a permit to such major source or major modification in
			accordance with provisions developed pursuant to sub. (7), provided that the
			applicable requirements of this chapter are otherwise met.