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 408.03 - Source applicability and exemptions

Current through June 24, 2024
(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 shall 408.10 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 shall 408.10 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 applicable 408.10 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 applicable 408.10 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 ((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 will 408.10 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.