(1) Approval to construct does not relieve
any owner or operator of the responsibility to comply fully with applicable
provisions of the chs.
NR
400 to
499 and any other requirements
under local, state or federal law.
(2) At such time that a particular source or
modification becomes a major stationary 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 an air contaminant such as a restriction on hours of operation, then
the requirements of ss.
NR 405.08 to 405.17 shall apply to the source or
modification as though construction had not yet commenced on the major source
or major modification.
(3) 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 405.02(25f) (b) 1. to 2., and
baseline actual emissions does not exceed the level that is considered
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 405.02(24) (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 405.02(25f) (b) 2. and an explanation
why the amount was excluded, and any netting calculations, if
applicable.
(b) If the
emissions unit is an existing electric utility steam generating unit, before
beginning actual construction, provide a copy of the information in par. (a) to
the department. Nothing in this paragraph shall be construed to require the
owner or operator of the unit to obtain any determination from the department
before beginning actual construction.
(c) If the owner or operator excludes
emissions from the calculation of projected actual emissions under s.
NR 405.02(25f) (b) 2. and the difference
between projected actual emissions and baseline actual emissions exceeds the
level that is considered to be significant for the air contaminant prior to the
exclusion of emissions from the calculation of projected actual emissions under
s.
NR 405.02(25f) (b) 2., before beginning
actual construction, provide a copy of the information in par. (a) to the
department. Nothing in this paragraph shall be construed to require the owner
or operator of the unit to obtain any determination from the department before
beginning actual construction.
(d)
Monitor the emissions of any regulated NSR air contaminant that could increase
as a result of the project and that is emitted by any emissions unit identified
in par. (a) 2. and calculate and maintain a record of the annual emissions, in
tons per year on a calendar year basis, for a period of 5 years following
resumption of regular operations after the change, or for a period of 10 years
following resumption of regular operations after the change if the project
increases the design capacity or potential to emit of that regulated NSR air
contaminant at the emissions unit.
(e) If the unit is an existing electric
utility steam generating unit, submit a report to the department within 60 days
after the end of each year during which records must be generated under par.
(d) setting out the unit's annual emissions during the calendar year that
preceded submission of the report.
(f) If the unit is an existing unit other
than an electric utility steam generating unit, submit a report to the
department if the annual emissions, in tons per year, from the project
identified in par. (a), exceed the baseline actual emissions, as documented and
maintained pursuant to par. (d) by a significant amount, as defined in s.
NR 405.02(27), for that regulated NSR
air contaminant, and if the emissions differ from the preconstruction
projection that was provided to the department pursuant to par. (c). The report
shall be submitted to the department within 60 days after the end of the year.
The report shall contain all of the following:
1. The name, address and telephone number of
the major stationary source.
2. The
annual emissions as calculated pursuant to par. (a) 3.
3. Any other information that the owner or
operator wishes to include in the report, e.g., an explanation as to why the
emissions differ from the preconstruction projection.
(4) The owner or operator of the
source shall make the information required to be documented and maintained
pursuant to sub. (3) available for inspection, upon request by the department
or the general public.
