reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 407 - Operation Permits › Section NR 407.075 - Greenhouse gases

Current through June 24, 2024
Emissions of greenhouse gases at a stationary source shall
			  only be subject to regulation under the Act if, on or after July 1, 2011, the
			  source emits or has the potential to emit 100,000 tpy or more of GHG on a
			  carbon dioxide equivalent basis. For purposes of this section, emissions of GHG
			  on a carbon dioxide equivalent basis shall be determined according to s.
			  NR
			  405.07(9) (b).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 407 - Operation Permits › Section NR 407.08 - Dates by which permits are required

Current through June 24, 2024
(1) EXISTING
			SOURCES. Except as provided in s.
			285.62(8),
			Stats., no stationary source which is required to obtain an operation permit
			under s.
			285.60(2)
			(a), Stats., and this chapter may operate
			after the date specified for that source in Table 1 of s.
			NR
			407.04 without an operation permit issued by the
			department.
(2) NEW OR MODIFIED
			SOURCES. Except as provided in ss.
			285.60(1) (a)
			2 and
			285.62(8),
			Stats., no new or modified source which is required to obtain an operation
			permit under s.
			285.60(1)
			(b), Stats., and this chapter may operate
			without an operation permit issued by the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 407 - Operation Permits › Section NR 407.09 - Permit content

Current through June 24, 2024
(1) STANDARD PERMIT REQUIREMENTS. Each permit
			issued under this chapter shall include, at a minimum, the following elements:
(a) Emission limitations and standards,
			including those operational requirements and limitations that are applied to
			assure compliance with all applicable requirements at the time of permit
			issuance, as follows:
1. The origin of and
			authority for each limitation, standard or requirement shall be specified and
			referenced and any difference in form as compared to the applicable requirement
			upon which the limitation, standard or requirement is based shall be
			identified.
2. Where an applicable
			requirement of the Act is more stringent than an applicable requirement of the
			acid rain program, both provisions shall be incorporated into the permit and
			shall be enforceable by the department and by EPA.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 407 - Operation Permits › Section NR 407.107 - Petitions for issuance of general operation permits and registration operation permits

Current through June 24, 2024
(1) A person may petition the department to
			make a determination that a category of stationary source meets the criteria
			for a general operation permit under s.
			285.60(3),
			Stats., and s.
			NR
			407.10(1). A person may petition the
			department to make a determination that a stationary source meets the criteria
			for a registration operation permit under s.
			285.60(2g),
			Stats., and s.
			NR 407.105(1) and
			(2) (b). The department may consider the
			number of sources that would be eligible for the permit, the complexity of air
			regulations applicable to the sources, the likelihood that sources would need
			source-specific emission limitations and other factors in determining its
			priority for developing a general or registration operation permit. Within 30
			days after receipt of the petition, the department shall provide a written
			response to the petitioner granting or denying the petition. If the department
			grants the petition, the department shall issue the general operation permit or
			the registration operation permit as soon as practicable, but no later than 365
			days after receipt of the petition.
(2) The person shall submit the petition
			using department approved petition forms.
Contact the regional offices or service centers of the
				department or the Permits and Stationary Source Modeling Section of the Bureau
				of Air Management, 608-266-7718, for information on how to obtain and submit
				the department approved forms.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 407 - Operation Permits › Section NR 407.11 - Administrative permit revisions

Current through June 24, 2024
(1) Eligibility.
			Upon request of a permittee, the department may revise an operation permit
			administratively using the procedures in this section if the revision requested
			is one of the following:
(a) Correction of a
			typographical error.
(b) A change
			in the name, address or telephone number of any person identified in the
			permit, or a similar administrative change at the stationary source, unrelated
			to emissions.
(c) More frequent
			monitoring, recordkeeping or reporting by the permittee.
(d) A change in ownership or operational
			control of a stationary source if the department determines that no other
			change in the permit is necessary, provided that a written agreement containing
			a specific date for transfer of permit responsibility, coverage and liability
			between the current and new permittee has been submitted to the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 407 - Operation Permits › Section NR 407.12 - Minor revisions

Current through June 24, 2024
(1) Eligibility. Any person holding an
			operation permit may submit a request to the department to revise the operation
			permit, to reflect a proposed change at the facility, using the minor permit
			revision procedures described in this section, provided the proposed change
			meets all of the following criteria:
(a) Does
			not violate any applicable requirement.
(b) Does not involve significant changes to
			existing monitoring, reporting or recordkeeping requirements in the
			permit.
(c) Does not require or
			change a source-specific determination of an emission limitation or other
			standard, a source-specific limitation based on ambient air impacts or a
			visibility or ambient air increment analysis.
(d) Does not seek to establish or change a
			permit term or condition for which there is no corresponding underlying
			applicable requirement and which the source has accepted in its permit in order
			to avoid an applicable requirement to which it would otherwise be subject. This
			type of term or condition includes, but is not limited to:
1. An emissions cap accepted by the source to
			avoid a previous change being classified as a modification under s.
			285.01(26),
			Stats., and rules promulgated thereunder.
2. An alternative emission limit approved
			pursuant to regulations promulgated under section 112 (i) (5) of the Act (
			42 USC 7412(i)
			(5) ).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 407 - Operation Permits › Section NR 407.13 - Significant revisions

Current through June 24, 2024
This section applies to operation permit revisions requested
			  by the permittee that cannot be accomplished under s.
			  NR
			  407.11 or
			  407.12. A permit revision to any acid
			  rain provisions of the permit shall be governed by s.
			  NR
			  409.12. Requests for significant permit revisions
			  shall comply with s.
			  285.62,
			  Stats., and s.
			  NR 407.05.
			  The department shall use the procedures in s.
			  285.62,
			  Stats., and ss.
			  NR 407.07
			  and when 407.09 processing requests for significant revisions. The department
			  shall process the majority of significant revisions within 9 months after
			  receipt of a complete application.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 407 - Operation Permits › Section NR 407.14 - Permit revision by the department

Current through June 24, 2024
(1) Mandatory
			revisions. Except for a change in an applicable requirement that is due to an
			addition of, or revision to, a hazardous air contaminant standard or control
			requirement in subch. II of ch. NR 445, the department shall revise an
			operation permit for any of the following reasons:
(a) The permit needs to be revised to assure
			compliance with applicable requirements.
(b) There is a change in any applicable
			requirement, a new applicable requirement, or an additional applicable
			requirement, and there are 3 or more years remaining in the permit
			term.
(c) There is a change in any
			applicable emission limitation, ambient air quality standard or ambient air
			quality increment that requires either a temporary or permanent reduction or
			elimination of the permitted emission, and there are 3 or more years remaining
			in the permit term.
(d) The permit
			contains a material mistake or inaccurate or unclear statements.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 407 - Operation Permits › Section NR 407.16 - Revision procedures for non-part 70 source permits and state-only requirements for part 70 sources

Current through June 24, 2024
Notwithstanding the requirements to give notice to affected
			  states and EPA under ss.
			  NR
			  407.12(4), 407.13, 407.14(4) and
			  407.15(1), an operation permit may be revised, suspended or revoked without
			  giving notice to affected states or EPA if the operation permit is for a source
			  that is a non-part 70 source, or if the condition being revised is a
			  requirement identified as not being federally enforceable under s.
			  NR
			  407.09(3) (b).
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 408.01 - Applicability; purpose

Current through June 24, 2024
(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.
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 408.02 - Definitions

Current through June 24, 2024
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.
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 408.025 - Methods for calculation of increases in actual emissions

Current through June 24, 2024
(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.
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 408.05 - Reasonable further progress

Current through June 24, 2024
(1) By the time the
			proposed major source or major modification is to commence operation,
			sufficient offsetting emissions shall be in effect such that the total
			emissions from existing sources in the area, from new or modified sources which
			are not major sources and from the proposed source will be sufficiently less
			than total emissions from existing sources prior to the application for the
			permit to construct or modify so as to represent, when considered together with
			the plan provisions required under section 172 of the Act (
			42 USC
			7502 ), reasonable further
			progress.
(2) For the purposes of
			satisfying the requirements of sub. (1):
(a)
			The determination of total emissions at both the time prior to the application
			for a permit subject to the requirements of this chapter and the time the
			permitted source or modification would commence operation, shall be made in a
			manner consistent with the assumptions in the applicable state implementation
			plan approved by the administrator concerning baseline emissions for the
			demonstration of reasonable further progress and attainment of the national
			ambient air quality standards for the particular pollutant subject to review
			under this chapter.
(b) To
			demonstrate reasonable further progress a new or modified source subject to
			review under this chapter shall obtain offsets in an amount equal to or greater
			than the amount specified by the applicable offset ratio. If an offset ratio is
			not specified, the offset ratio shall be at least 1 to 1.
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 408.06 - Emissions offsets

Current through June 24, 2024
(1) To be eligible for use under this
			chapter, emissions offsets shall meet all of the following criteria:
(a) Except as provided in par. (cm), offsets
			shall be of the same air contaminant class, that is, volatile organic
			compounds, particulate matter, carbon monoxide, nitrogen oxides, sulfur
			dioxide, or lead.
(b) Offsets for
			particulate matter, carbon monoxide, nitrogen oxides, sulfur dioxide and lead
			shall be in a time frame compatible with the applicable air quality
			standard.
(c) Offsets for volatile
			organic compounds and nitrogen oxides, where applicable, shall be quantified on
			an annual basis. In addition, the source shall submit emission estimates in a
			time frame consistent with the air quality standard for ozone.
Note:
The time frame for the air quality
			  standard for each pollutant is given in s.
			  NR
			  404.04.
(cm) PM2.5 emission
			increases may be offset by decreases in nitrogen oxides or sulfur dioxide
			emissions, that are otherwise creditable, at a ratio of 40 tpy of sulfur
			dioxide for each ton of direct PM2.5 emissions and 200
			tpy of nitrogen oxides for each ton of direct PM2.5
			emissions.
(d) Offsets shall result
			in a net air quality benefit.
Note:
The term "net air quality benefit" will
			  be interpreted based on EPA's December 4, 1986 Emission Trading Policy
			  Statement, incorporated by reference in s.
			  NR
			  484.06, until revised by EPA or until the term is
			  defined by the department.
(e) The emission reductions used as offsets
			shall be generated after the date used as a baseline or shall be included in
			the baseline for the portion of the latest state implementation plan which
			relates to the nonattainment status of the area. Emission reductions occurring
			before August 7, 1977 may not be used as offsets.
(f) The assumptions used to calculate the
			offset shall be consistent with the assumptions used to develop the area's
			implementation plan.
(g) Offsets
			shall be surplus, permanent, quantifiable and federally enforceable at the time
			of their use.
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 408.07 - Source impact analysis

Current through June 24, 2024
The applicant for a permit under this chapter shall
			  demonstrate to the satisfaction of the department that all of the following
			  conditions are met:
(1) The emissions
			offsets required under s.
			NR 408.06, when
			considered in conjunction with the proposed emissions increase, will have a net
			air quality benefit in the affected area, as required under s.
			NR 408.06(1)
			(d).
(2) The emissions from the proposed new major
			source or major modification, when considered in conjunction with the emissions
			offsets required under s.
			NR 408.06, will
			not contribute to nonattainment in, or interfere with maintenance by, any other
			state with respect to any national primary or secondary ambient air quality
			standard.
(3) The emissions from
			the proposed new major source or major modification, when considered in
			conjunction with the emissions offsets required under s.
			NR 408.06, will
			not interfere with measures required to be included in the applicable
			implementation plan for any other state under a program for the prevention of
			significant deterioration or for the protection of visibility.
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 408.08 - Additional conditions for approval

Current through June 24, 2024
For the department to approve a permit required or allowed
			  under s.
			  285.60,
			  Stats., and this chapter the following criteria shall be met:
(1) All major sources owned or operated by
			the owner or operator of the proposed source, or by any entity controlling,
			controlled by, or under common control with the owner or operator, in the state
			are subject to emission limitations and are in compliance, or on a schedule for
			compliance, with all applicable emissions limitations and standards under the
			Act and chs.
			NR
			400 to
			499.
(2) By means of an analysis of alternative
			sites, sizes, production processes and environmental control techniques for
			proposed new or modified stationary source, the owner or operator of the
			proposed stationary source or modification can demonstrate to the satisfaction
			of the department that the benefits of the proposed source significantly
			outweigh the environmental and social costs imposed as a result of its
			location, construction or modification.
(3) The administrator has not determined that
			the applicable implementation plan is not being adequately implemented for the
			nonattainment area in which the proposed stationary source or modification is
			to be constructed in accordance with the requirements of part D of title I of
			the Act (
			42
			USC 7501 to
			7515
			).
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 408.10 - Source obligation

Current through June 24, 2024
(1) Any owner or operator who constructs or
			operates a stationary source or modification not in accordance with the
			application submitted under this chapter or with the terms of any approval to
			construct, or any owner or operator of a stationary source or modification
			subject to this chapter who commences construction after June 1, 1993 without
			applying for and receiving approval as described in this chapter, shall be
			subject to enforcement action and penalties as provided in ch. NR
			494.
(2) The approval to construct
			or modify a stationary source shall become invalid 18 months after the date a
			construction permit is issued by the department unless the permit specifies
			otherwise. The department may extend the 18 month period upon a satisfactory
			showing that an extension is justified unless otherwise specified in the
			construction permit.
(3) The
			approval to construct does not relieve any owner or operator of the
			responsibility to comply fully with applicable provision of chs.
			NR
			400 to
			499 or any other requirements
			under local, state or federal law.
(4) At the time that a particular source or
			modification becomes a major source or major modification solely by virtue of a
			relaxation in any enforceable limitation which was established after August 7,
			1980, on the capacity of the source or modification otherwise to emit a
			pollutant, such as a restriction on hours of operation, then the requirements
			of ss.
			NR
			408.04 to
			408.09 and this section shall apply to
			the source or modification as though construction has not yet commenced on the
			source or modification.
(5) For a
			project involving existing emissions units at a major stationary source, which
			does not have a PAL, in circumstances where the calculated difference between
			projected actual emissions using the method specified in s.
			NR
			408.02(28s) (b) 1. and 2., and
			baseline actual emissions does not exceed the level that is considered to be
			significant for the air contaminant, the owner or operator shall do the
			following as applicable:
(a) Before beginning
			actual construction of the project, document and maintain a record of all of
			the following:
1. A description of the
			project.
2. Identification of the
			emissions unit or units whose emissions of a regulated NSR air contaminant
			could be affected by the project.
3. The calculation of the net emissions
			increase under s.
			NR
			408.02(23) (a) that was used to
			determine that the project is not a major modification for any regulated NSR
			air contaminant, including the baseline actual emissions, the projected actual
			emissions, the amount of emissions excluded under s.
			NR
			408.02(28s) (b) 2. and an explanation
			why the amount was excluded, and any netting calculations, if
			applicable.
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 408.11 - Plant-wide applicability limitations (PALs)

Current through June 24, 2024
(1) APPLICABILITY.
(a) This section applies to any existing
			major stationary source which wishes to operate under a PAL. The department may
			approve the use of a PAL for any existing major stationary source if the source
			and its application for a PAL meets all of the requirements in this
			section.
(b) The department may not
			allow a PAL for VOC or NOX for any major stationary
			source located in an extreme ozone nonattainment area.
(c) Any physical change in or change in the
			method of operation of a major stationary source that maintains its total
			source-wide emissions below the PAL level, meets the requirements in this
			section, and complies with the PAL permit:
1.
			Is not a major modification for the PAL regulated air contaminant.
2. Does not have to be approved under this
			chapter.
3. Is not subject to the
			provisions in s.
			NR
			408.10(4).
(d) Except as provided under par. (c) 3., a
			major stationary source shall continue to comply with all applicable federal or
			state requirements, emission limitations and work practice requirements that
			were established prior to the effective date of the PAL.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 409 - Acid rain portion of operation permits › Section NR 409.01 - Applicability; purpose; and scope

Current through June 24, 2024
(1) APPLICABILITY.
(a) Each of the following emissions units is
			an affected unit and any source that includes such a unit shall be an affected
			source subject to the requirements of the acid rain program:
1. A unit listed in Table 1 of
			40 CFR
			73.10(a).
2. An existing unit that is identified in
			Table 2 or 3 of
			40 CFR
			73.10 and any other existing utility unit,
			except a unit excluded under par. (b).
3. A utility unit, except a unit excluded
			under par. (b), that:
a. Is a new
			unit.
b. Did not serve a generator
			with a nameplate capacity greater than 25 MWe on November 15, 1990 but serves
			such a generator after November 15, 1990.
c. Was a simple cycle combustion turbine on
			November 15, 1990 but adds or uses auxiliary firing after November 15,
			1990.
d. Was an exempt cogeneration
			facility under par. (b) 4. but during any 3 calendar year period after November
			15, 1990 sold, to a utility power distribution system, an annual average of
			more than one-third of its potential electrical out-put capacity and more than
			219,000 MWe-hrs electric output, on a gross basis.
e. Was an exempt qualifying facility under
			par. (b) 5. but, at any time after the later of November 15, 1990 or the date
			the facility commences commercial operation, fails to meet the definition of a
			qualifying facility as defined in s.
			NR
			409.02.
f.
			Was an exempt independent power production facility under par. (b) 6. but, at
			any time after the later of November 15, 1990 or the date the facility
			commences commercial operation, fails to meet the definition of independent
			power production facility.
g. Was
			an exempt solid waste incinerator under par. (b) 7. but during any 3 calendar
			year period after November 15, 1990 consumes 20% or more of the total heat
			input, expressed on a Btu basis, as fossil fuel.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 409 - Acid rain portion of operation permits › Section NR 409.02 - Definitions

Current through June 24, 2024
The definitions contained in chs.
			  NR
			  400,
			  406 and
			  407 and title IV of the act (
			  42 USC 7651
			  to
			  7651 o )
			  apply to the terms used in this chapter. In addition, the following definitions
			  apply to the terms used in this chapter:
(1) "Acid rain compliance option" means one
			of the methods of compliance used by an affected unit under the acid rain
			program as described in a compliance plan submitted and approved in accordance
			with s.
			NR
			409.09 or regulations implementing section 407 of the
			act (
			42 USC 7651
			f ).
(2) "Acid rain emissions
			limitation" means:
(a) For the purposes of
			sulfur dioxide emissions:
1. The tonnage
			equivalent of the allowances authorized to be allocated to an affected unit for
			use in a calendar year under section 404 (a) (1) and (3) of the act (
			42 USC 7651
			c ) or the basic phase II allowance allocations authorized to be allocated to
			an affected unit for use in a calendar year;
2. As adjusted:
a. By allowances allocated by the
			administrator pursuant to sections 403, 405 (a) (2) and (3), (b) (2), (c) (4),
			(d) (3) and (h) (2) and 406 of the act (
			42 USC 7651
			b, 7651d and 7651e );
b. By
			allowances allocated by the administrator pursuant to subpart D of 40 CFR part
			72; and thereafter
c. By allowance
			transfers to or from the compliance subaccount for that unit that were recorded
			or properly submitted for recordation by the allowance transfer deadline as
			provided in
			40
			CFR 73.35, after deductions and other
			adjustments are made pursuant to
			40 CFR
			73.34(c).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 409 - Acid rain portion of operation permits › Section NR 409.04 - New units exemption

Current through June 24, 2024
(1) APPLICABILITY. This section applies to
			any new utility unit that has not previously lost an exemption under sub. (6)
			(d) and that, in each year starting with the first year for which the unit is
			to be exempt, satisfies all of the following:
(a) Serves during the entire year, except for
			any period before the unit commenced commercial operation, one or more
			generators with total nameplate capacity of 25 MWe or less.
(b) Burns fuel that does not include any coal
			or coal-derived fuel, except coal-derived gaseous fuel with a total sulfur
			content no greater than natural gas.
(c) Burns gaseous fuel with an annual average
			sulfur content of 0.05% or less by weight, as determined under sub. (4) and
			nongaseous fuel with an annual average sulfur content of 0.05% or less by
			weight, as determined under sub. (4).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 409 - Acid rain portion of operation permits › Section NR 409.05 - Retired units exemption

Current through June 24, 2024
(1) APPLICABILITY.
			This section applies to any affected unit, except for an opt-in source, that is
			permanently retired.
(2) SOURCE
			OBLIGATIONS.
(a)
Scope of
			exemption.
Any affected unit, except for an opt-in source, that is
			permanently retired shall be exempt from the acid rain program, except for the
			provisions of this section,
			40
			CFR 72.2 to
			72.6,
			72.10
			to
			72.13,
			and subpart B of 40 CFR part 73.
(b)
Submissions.
The
			exemption under par.(a) shall become effective on January 1 of the first full
			calendar year during which that the unit is permanently retired. By December 31
			of the first year that the unit is to be exempt under this section, the
			designated representative, authorized in accordance with subpart B of 40 CFR
			part 72, or, if no designated representative has been authorized, a certifying
			official of each owner of the unit, shall submit a statement to the department.
			A copy of the statement shall also be submitted to the administrator. The
			statement shall state, in a format prescribed by the administrator, that the
			unit is permanently retired and will comply with the requirements of sub.
			(4).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 409 - Acid rain portion of operation permits › Section NR 409.055 - Non-cogeneration industrial utility units exemption

Current through June 24, 2024
(1) APPLICABILITY.
			This section applies to any non-cogeneration, industrial utility unit that has
			not previously lost an exemption under sub. (4) (d) and that meets all of the
			following criteria:
(a) Starting on the date
			of the signing of the interconnection agreement under par. (b) and thereafter
			there has been no owner or operator of the unit, division or subsidiary or
			affiliate or parent company of an owner or operator of the unit, or combination
			thereof, whose principal business is the sale, transmission or distribution of
			electricity or that is a public utility under the jurisdiction of a state or
			local utility regulatory authority.
(b) On or before March 23, 1993, the owners
			or operators of the unit entered into an interconnection agreement and any
			related power purchase agreement with a person whose principal business is the
			sale, transmission or distribution of electricity or that is a public utility
			under the jurisdiction of a state or local utility regulatory authority,
			requiring the generator or generators served by the unit to produce electricity
			for sale only for incidental electricity sales to the person.
(c) The unit served or serves one or more
			generators that, in 1985 or any year thereafter, actually produced electricity
			for sale only for incidental electricity sales required under the
			interconnection agreement and any related power purchase agreement under par.
			(b) or a successor agreement under sub. (4) (d) 2.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 409 - Acid rain portion of operation permits › Section NR 409.06 - Standard requirements

Current through June 24, 2024
(1) PERMIT REQUIREMENTS.
(a) The designated representative of each
			affected source and each affected unit at the source shall:
1. Except for a phase I acid rain permit to
			be issued by EPA, submit a complete acid rain portion of an operation permit
			application under this chapter in accordance with the deadlines specified in s.
			NR
			409.08(1).
2. Submit in a timely manner any supplemental
			information that the department determines is necessary in order to review an
			application for the acid rain portion of an operation permit and issue or deny
			an acid rain portion of an operation permit.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 409 - Acid rain portion of operation permits › Section NR 409.065 - Nitrogen oxides requirements

Current through June 24, 2024
(1) APPLICABILITY.
(a) Except as provided in pars. (b) to (c),
			this section applies to each coal-fired utility unit that is subject to an acid
			rain emissions limitation or reduction requirement for
			SO2 under Phase I or Phase II pursuant to section 404,
			405 or 409 of the act (
			42 USC 7651
			c, 7651d or 7651h ).
(b) The
			emission limitations for NOx under this section apply to
			each affected coal-fired utility unit subject to section 404(d) or 409(b) of
			the act on the date the unit is required to meet the acid rain emissions
			reduction requirement for SO2.
(c) The provisions of this section apply to
			each coal-fired substitution unit or compensating unit, designated and approved
			by U.S. EPA as a Phase I unit pursuant to
			40 CFR
			72.41 or
			72.43
			as follows:
1. A coal-fired substitution unit
			that is designated in a substitution plan that is approved by U.S. EPA and
			active as of January 1, 1995 shall be treated as a Phase I coal-fired utility
			unit for purposes of this section. In the event the designation of the unit as
			a substitution unit is terminated after December 31, 1995, pursuant to
			40 CFR
			72.41 and the unit is no longer required to
			meet Phase I SO2 emissions limitations, the provisions
			of this section will continue to apply.
2. A coal-fired substitution unit that is
			designated in a substitution plan that is not approved by U.S. EPA or not
			active as of January 1, 1995, or a coal-fired compensating unit, shall be
			treated as a Phase II coal-fired utility unit for purposes of this
			section.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 409 - Acid rain portion of operation permits › Section NR 409.07 - Designated representative

Current through June 24, 2024
(1) SUBMISSIONS.
(a) The designated representative shall
			submit a certificate of representation, and any superseding certificate of
			representation, to the administrator in accordance with subpart B of 40 CFR
			part 72 and, concurrently, shall submit a copy to the department.
(b) Each submission under the acid rain
			program shall be submitted, signed and certified by the designated
			representative for all sources on behalf of which the submission is
			made.
(c) In each submission under
			the acid rain program, the designated representative shall certify, by his or
			her signature:
1. The following statement,
			which shall be included verbatim in the submission: "I am authorized to make
			this submission on behalf of the owners and operators of the affected source or
			affected units for which the submission is made."
2. The following statement, which shall be
			included verbatim in the submission: "I certify under penalty of law that I
			have personally examined, and am familiar with, the statements and information
			submitted in this document and all its attachments. Based on my inquiry of
			those individuals with primary responsibility for obtaining the information, I
			certify that the statements and information are to the best of my knowledge and
			belief true, accurate, and complete. I am aware that there are significant
			penalties for submitting false statements and information or omitting required
			statements and information, including the possibility of fine or
			imprisonment."
(d) The
			department shall accept or act on a submission made on behalf of owners or
			operators of an affected source and an affected unit only if the submission has
			been made, signed and certified in accordance with pars. (b) and (c).
(e) The designated representative of a source
			shall serve notice on each owner and operator of the source and of an affected
			unit at the source:
1. By the date of
			submission, of any acid rain program submissions by the designated
			representative;
2. Within 10
			business days of receipt of a determination, of any written determination by
			the administrator or the department; and
3. Provided that the submission or
			determination covers the source or the unit.
(f) The designated representative of a source
			shall provide each owner and operator of an affected unit at the source a copy
			of any submission or determination under par. (e), unless the owner or operator
			expressly waives the right to receive a copy.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 409 - Acid rain portion of operation permits › Section NR 409.08 - Application for the acid rain portion of an operation permit

Current through June 24, 2024
(1) REQUIREMENT TO
			APPLY.
(a)
Duty to apply.
1. The designated representative of any
			source with an affected unit shall submit a complete acid rain portion of an
			operation permit application by the applicable deadline in pars. (b) and (c),
			and the owners and operators of the source and any affected unit at the source
			may not operate the source or unit without a permit or permit application
			meeting the requirements of sub. (3) that states its acid rain program
			requirements.
2. The designated
			representative of any source with an affected unit subject to s.
			NR
			409.065 shall submit, by the applicable deadline under
			par. (c) 2., a complete acid rain portion of an operation permit application
			or, if the unit is covered by an acid rain portion of an operation permit, a
			complete permit revision that includes a complete compliance plan for
			NOx emissions covering the unit.
Note: Application forms may be obtained from the regional and
			  area offices of the department or from the Wisconsin Department of Natural
			  Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921,
			  Attention: Operation permits.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 409 - Acid rain portion of operation permits › Section NR 409.09 - Acid rain compliance plan and compliance options

Current through June 24, 2024
(1) GENERAL.
(a)
Acid rain portion of an operation
			permit application.
1. For each
			affected unit included in the acid rain portion of an operation permit
			application, a complete compliance plan shall include, for sulfur dioxide
			emissions, a certification that, as of the allowance transfer deadline, the
			designated representative shall hold allowances in the unit's compliance
			subaccount, after deductions under
			40 CFR
			73.34(c), not less than the
			total annual emissions of sulfur dioxide from the unit. The compliance plan may
			also specify, in accordance with this section, one or more of the acid rain
			compliance options.
2. A complete
			compliance plan for NOx shall, for each affected unit
			included in the permit application and subject to s.
			NR
			409.065, either certify that the unit will comply with
			the applicable emissions limitation under s.
			NR 409.065(2), (3) or
			(4) or specify one or more other acid rain
			compliance options for NOx in accordance with the
			requirements of s.
			NR
			409.065.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 409 - Acid rain portion of operation permits › Section NR 409.10 - Acid rain portion of an operation permit

Current through June 24, 2024
(1) CONTENTS.
(a) Each acid rain portion of an operation
			permit, including any draft or proposed acid rain portion of an operation
			permit, shall contain the following elements:
1. All elements required for a complete acid
			rain portion of an operation permit application under s.
			NR
			409.08(2), as approved or adjusted by
			the department.
2. The applicable
			acid rain emissions limitation for sulfur dioxide.
3. The applicable acid rain emissions
			limitation for nitrogen oxides.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 409 - Acid rain portion of operation permits › Section NR 409.11 - Acid rain portion of an operation permit issuance procedures

Current through June 24, 2024
(1) GENERAL. The
			department shall issue or deny all acid rain portions of title V permits in
			accordance with s.
			285.62,
			Stats. and s.
			NR
			409.10.
Note: These rules are intended to follow the requirements in
			  40 CFR
			  72.72 regarding state permit program approval
			  criteria.
(a)
Permit issuance
			deadline and effective date.
1. On or
			before December 31, 1997, the department shall issue an operation permit with a
			phase II acid rain portion to each affected source whose designated
			representative submitted a timely and complete application for the acid rain
			portion of its operation permit by January 1, 1996 in accordance with s.
			NR
			409.07(1) and which meets the
			requirements of this chapter and ch. NR 407.
2. Not later than January 1, 1999, for each
			unit subject to an acid rain NOx emissions limitation,
			the department shall begin the process of amending the acid rain portion of an
			operation permit under s.
			NR
			409.12(4) to add any
			NOx early election plan that was approved by the
			administrator under
			40 CFR
			76.8 and has not been terminated and begin
			the process of amending the acid rain portion of the permit to add the acid
			rain program nitrogen oxides requirements; provided that the designated
			representative of the affected source submitted a timely and complete acid rain
			portion of an operation permit application for nitrogen oxides in accordance
			with s.
			NR
			409.07(1). The amending may not
			affect the term of the acid rain portion of an operation permit.
3. Each acid rain portion of an operation
			permit issued in accordance with this chapter shall have a term of 5 years
			commencing on its effective date, provided that, at the discretion of the
			department, the first acid rain portion of an operation permit for Phase II may
			have a term of less than 5 years where necessary to coordinate the term of the
			permit with the term of an operation permit issued by the department to the
			source. Each acid rain portion of an operation permit issued in accordance with
			subd. 1. shall take effect by the later of January 1, 2000 or, where the permit
			governs a unit under s.
			NR 409.01(1) (a)
			3., the deadline for monitor certification
			under 40 CFR part 75.
4. The acid
			rain portion of an operation permit shall be binding on any new owner or
			operator or designated representative of any source or unit governed by the
			permit.