Current through August 26, 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 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 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) (A) (ii) or (iii) of the Act (42 USC 7407(d) (1) (A)
(ii) or (iii)) in which the major source or
major modification establishing the minor source baseline date would construct
or would have an air quality impact for the pollutant for which the baseline
date is established equal to or greater than 1 mg/m 3 (annual average) for
SO2, NO2, or PM 10, or equal to
or greater than 0.3mg/m 3 (annual average) for PM 2.5. Area redesignations
under section 107 (d) (1) (A) (ii) or (iii) of the Act (42 USC 7407(d) (1) (A)
(ii) or (iii)) 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 contribution 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 or nitrogen oxides 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
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 PM 10 and sulfur
dioxide, January 6, 1975.
(b) In
the case of nitrogen dioxide, February 8, 1988.
(c) In the case of PM 2.5, October 20,
2010.
(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 or nitrogen oxides 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 PM 10 and sulfur dioxide,
August 7, 1977.
2. In the case of
nitrogen dioxide, February 8, 1988.
3. In the case of PM 2.5, October 20,
2011.
(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) (A) (ii) or (iii) of the Act (42 USC 7407(d)(1)
(A)(ii) or (iii)) 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 PM 10 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
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) PM 2.5
emissions and PM 10 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 PM 2.5 in all attainment and
unclassifiable areas.
3. Nitrogen
oxides are precursors to PM 2.5 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 PM 2.5 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.
(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 - See PDF for
table
|
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 or
nitrogen oxides |
|
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): 3.5 X 10
-6 tpy - |
See PDF for table
(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 mg/m 3 (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.
