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 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.
(2) "Allowable emissions" means the emissions
rate of a stationary source calculated using the maximum rated capacity of the
source, or using federally enforceable limits which restrict the operating
rate, or hours of operation or both, if the source is subject to such federally
enforceable limits, and using the most stringent of the following:
(a) Any applicable standards in chs.
NR 440 and 447 to 449 and subch.
IV of ch. NR 446.
(b) Any
applicable emissions limitations in chs.
NR
400 to 499.
(c) Any applicable state implementation plan
emissions limitation including a limitation with a future compliance
date.
(d) Any emissions rate
specified as a federally enforceable permit condition, including a limitation
with a future compliance date.
(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, 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) "Begin actual construction" means the
initiation of physical on-site construction activities on an emissions unit
which are of a permanent nature. Activities include, but are not limited to,
installation of building supports and foundations, laying of underground pipe
work 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.
(4) "Best available control technology" or
"BACT" means an emission limitation, including a visible emissions standard,
based on the maximum degree of reduction for each regulated NSR air contaminant
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 the source or modification through application of production
processes or available methods, systems and techniques, including fuel cleaning
or treatment or innovative fuel combustion 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 447 to 449 and subch.
IV of ch. NR 446 and 40 CFR parts 60 and 61. 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 a design, equipment, work practice or
operation, and shall provide for compliance by means which achieve equivalent
results.
(5) "Building, structure,
facility or installation" means all of the activities which emit or may emit a
regulated NSR air contaminant, which 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
activity of any vessel. Regulated NSR air contaminant sources 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.
(6) "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 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.
(7) "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.
(8) "Commence" as applied to construction of
a major 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.
(9) "Commence operation" means the
initial startup of an emissions unit following completion of construction which
results in the emission of an air contaminant for which the area is designated
nonattainment. Any replacement unit that requires shakedown commences operation
after a reasonable shakedown period, not to exceed 180 days.
(10) "Complete" means, in reference to an
application for a permit, that the application contains all of the information
necessary, as determined by the department, 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.
(11e) "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.
(11m) "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.
(11s) "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, O 2 or CO 2 concentrations.
(12) "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 of 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.
(13) "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. (29s), is an existing
emissions unit.
(13m)
"Federal land manager" means, with respect to any lands in the United States,
the secretary of the department with authority over the lands.
(14) "Fossil fuel-fired boiler" means a unit,
or combination of units, which combusts fossil fuel, or receives heat from
other fossil fuel-fired units, to produce steam by indirect heat transfer, and
includes units that produce steam for electric generation. The heat input for
the units includes any heat provided to the units from the combustion of fossil
fuels in other units. The total heat input from fossil fuel-firing for a
combination of units is the sum of the heat inputs from fossil fuel-firing for
each unit.
(15) "Fossil fuel-fired
electric plant" means one or more units that combust fossil fuel to produce
electricity. The total heat input for a plant from fossil fuel-firing is the
sum of the heat inputs from fossil fuel-firing for each combustion unit that is
part of the plant.
(16) "Fugitive
emissions" means those emissions which could not reasonably pass through a
stack, chimney, vent or other functionally equivalent opening.
(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 tribe" means any Indian tribe,
band, nation or other organized group or community, including any Alaskan
native village, which is federally recognized as eligible for the special
programs and services provided by the United States to Indians because of their
status as Indians.
(19) "Lowest
achievable emission rate" or "LAER" means, for any source, the more stringent
rate of emissions based on the following:
(a)
The most stringent emissions limitation which is contained in the
implementation plan of any state for the class or category of stationary
source, unless the owner or operator of the proposed stationary source
demonstrates that the limitation is not achievable.
(b) The most stringent emissions limitation
which is achieved in practice by the class or category of stationary source.
This limitation, when applied to a modification, means the lowest achievable
emission rate for the new or modified emissions units within a stationary
source. In no event may the application of the term permit a proposed new or
modified stationary source to emit any pollutant in excess of the amount
allowable under a new source standard of performance which applies under ch. NR
440 or under 40 CFR part 60 .
(20) "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
physical change in, or change in the method of operation of a major source of
VOCs located in an extreme nonattainment area for ozone which results in any
increase in emissions of VOCs from any discrete operation, emissions unit or
other pollutant emitting activity at the source shall be considered a major
modification for ozone.
(b) Any
significant emissions increase from any emissions units or net emissions
increase at a major stationary source, that is considered significant for VOCs
shall be considered significant for ozone.
(c) For the purpose of applying the
requirements of s.
NR 408.03(6) to major sources of
nitrogen oxides located in ozone nonattainment areas or in ozone transport
regions, any significant net emissions increase of nitrogen oxides is
considered significant for ozone, in addition to any separate requirements for
nitrogen oxides.
(d) For the
purposes of applying the requirements of s.
NR 408.03(4) to major sources of PM 10
precursors, any significant net emissions increase of a PM 10 precursor is
considered significant for PM 10.
(e) A physical change or change in the method
of operation does not include:
1. Routine
maintenance, repair and replacement.
2. Use of an alternative fuel or raw material
by reason of any order under section 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
before December 21, 1976, unless the change would be prohibited under any
federally enforceable permit condition which was established after December 21,
1976 pursuant to this chapter or ch. NR 405 or 406 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 an alternative fuel or raw material under any permit
issued under this chapter or ch. NR 405, 406, or 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.
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 December 21,
1976 pursuant to this chapter, ch. NR 405, or 406 or under operation permits
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.
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.
(f) This definition does not apply with
respect to a particular regulated NSR air contaminant when the major stationary
source is complying with the requirements of s.
NR 408.11 for a PAL for that air contaminant. Instead the
definition in s.
NR 408.11(2) (e) shall apply.
(21) "Major source" means the
following:
(a)
1. Any stationary source of air contaminants
which emits or has the potential to emit 100 tons per year (tpy) or more of any
air contaminant for which the area in which the source is located is
nonattainment, except that lower emissions thresholds shall apply as follows to
any stationary source for which a complete construction permit application was
submitted or was required to be submitted after November 15, 1992:
a. 70 tpy of PM 10, or where applicable, a PM
10 precursor, in any serious nonattainment area for PM 10.
b. 50 tpy of VOC in any serious nonattainment
area for ozone.
c. 50 tpy of VOC in
areas within ozone transport regions except for any severe or extreme
nonattainment area for ozone.
d. 25
tpy of VOC in any severe nonattainment area for ozone.
e. 10 tpy of VOC in any extreme nonattainment
area for ozone.
f. 50 tpy of carbon
monoxide in any serious nonattainment area for carbon monoxide, where
stationary sources contribute significantly to carbon monoxide levels in the
area.
Note: If any serious nonattainment area for
carbon monoxide is designated in the state, the department will make the
determination of whether stationary sources contribute significantly to the
carbon monoxide levels in accordance with rules or guidance issued by the U.S.
environmental protection agency.
2. Any stationary source of nitrogen oxides
identified under par. (b).
3. Any
physical change that would occur at a stationary source not qualifying under
subd. 1. or 2. as a major source, if the change would constitute a major source
by itself.
(b) For the
purposes of applying the requirements of s.
NR 408.03(5), a stationary source for
which a complete construction permit application was submitted or was required
to be submitted after November 15, 1992 is major for nitrogen oxides if it is
located in any ozone nonattainment area or ozone transport region and it emits,
or has the potential to emit, nitrogen oxides as follows:
1. 100 tpy or more of nitrogen oxides in:
a. Any ozone nonattainment area classified as
rural transport, marginal or moderate.
b. Any ozone nonattainment area classified as
transitional, submarginal or an incomplete or no data area, that is located in
any ozone transport region.
c.
Areas classified under the Act as attainment or unclassifiable for ozone that
are located in any ozone transport region.
2. 50 tpy or more of nitrogen oxides in any
serious nonattainment area for ozone.
3. 25 tpy or more of nitrogen oxides in any
severe nonattainment area for ozone.
4. 10 tpy or more of nitrogen oxides in any
extreme nonattainment area for ozone.
(c) A stationary source that is major for VOC
shall be considered major for ozone and subject to the requirements for ozone
in this chapter.
(d) For purposes
of implementing the requirements of s.
NR 408.03(4), a stationary source that
is major for any PM 10 precursor shall be considered major for PM 10.
(e) The fugitive emissions of a stationary
source may not be included in determining, for any of the purposes of this
chapter, whether it is a major source unless the source belongs to one of the
following categories of stationary sources:
1.
Carbon black plants (furnace process).
2. Coal cleaning plants (with thermal
dryers).
3. Coke oven
batteries.
4. Charcoal production
plants.
5. Chemical process plants.
The chemical processing plants category 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).
6. Fuel conversion plants.
7. Fossil fuel-fired boilers (or combination
thereof) totaling more than 250 million Btu per hour heat input.
8. Fossil fuel-fired electric plants of more
than 250 million Btu per hour heat input.
9. Glass fiber manufacturing
plants.
10. Hydrofluoric acid
plants.
11. Iron and steel
mills.
12. Kraft pulp
mills.
13. Lime plants.
14. Municipal incinerators (or combinations
thereof) capable of charging more than 50 tons of refuse per day.
15. Nitric acid plants.
16. Petroleum refineries.
17. Petroleum storage and transfer units with
a total storage capacity exceeding 300,000 barrels.
18. Phosphate rock processing
plants.
19. Portland cement
plants.
20. Primary aluminum ore
reduction plants.
21. Primary
copper smelters.
22. Primary lead
smelters.
23. Primary zinc
smelters.
24. Secondary metal
production plants.
25. Sintering
plants.
26. Sulfuric acid
plants.
27. Sulfur recovery
plants.
28. Taconite ore processing
plants.
29. Any other stationary
source category regulated under section 111 or 112 of the Act (42 USC
7411 or
7412)
before November 15, 1990.
(f) 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.
(22)
"Necessary preconstruction approvals or permits" means those permits or
approvals required under federal air quality control laws and regulations and
those air quality control laws and regulations which are part of the applicable
state implementation plan.
(23)
(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 calculated pursuant to the methods contained in s.
NR 408.025.
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 in actual emissions is creditable only to the extent that the new
level of actual emissions exceeds the old level.
(e) 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. The department has not relied on it in
issuing any permit under ch. NR 405, 406, 407 or this chapter or the state has
not relied on it in demonstrating attainment or reasonable further
progress.
4. It has approximately
the same qualitative significance for public health and welfare as that
attributed to the increase from the particular change.
(f) 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.
(g) Subsection NR 408.02(1) (a) does not
apply for determining creditable increases and decreases or after a
change.
(24)
(a) "Nonattainment area" means any area that
does not meet the primary or secondary ambient air quality standard for a
pollutant and that is designated nonattainment with respect to that pollutant
by the administrator pursuant to section 107 (d) of the Act (42
USC 7407(d)) or by the
department pursuant to s.
285.23(2),
Stats.
(b) For certain pollutants,
nonattainment areas are classified for the purpose of applying an attainment
date or for other purposes, in accordance with procedures in the act. The
following nonattainment area classifications have been established:
1. For ozone: rural transport, marginal,
moderate, serious, severe and extreme.
2. For PM 10: moderate and serious.
3. For carbon monoxide: moderate and serious.
Note: See 40 CFR part 81 for a listing of the
specific areas.
(c) The classification with the lowest
emission threshold under s.
NR 407.02(4) (c) 1.
a. determines the major source or major
modification threshold in an area classified as nonattainment for more than one
ozone national ambient air quality standard, until the area is redesignated to
attainment for a current standard or a redesignation substitute for a revoked
standard has been approved by the EPA for the standard with the lowest emission
threshold.
Note: The department maintains materials
accessible to the public that show current Wisconsin nonattainment areas and
summarizes the applicable permitting requirements for major sources of
emissions within these areas.
(24m) "Nonattainment major new source review"
or "NSR" 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 part 51, Appendix
S, Sections I to VI. Any permit issued under the program is a major NSR
permit.
(25) "Ozone transport
region" means any interstate transport region which has been established for
ozone pursuant to section 176A of the Act (42 USC
7506a).
(25s) "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 408.11.
(26) "PM 10 precursor" means, for the
purposes of implementing the requirements of s.
NR 408.03(4), sulfur dioxide, nitrogen
oxides or volatile organic compounds.
(28) "Potential to emit" means the maximum
capacity of a stationary source to emit a pollutant under its physical and
operational design. Any physical or operation limitation on the capacity of the
source to emit a pollutant shall be treated as part of its design if the
limitation or the effect it would have on emissions is federally enforceable.
Limitations which can be considered in the determination of potential to emit
include the application of air pollution control equipment and restrictions on
hours of operation or on the type or amount of material combusted, stored or
processed. Secondary emissions may not be counted in determining a source's
potential to emit.
Note: A permit limitation on emissions from any
source, including a minor source which would otherwise be considered a major
source, shall include adequate testing, monitoring and recordkeeping procedures
in order to be considered a federally enforceable limitation.
(28e) "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, O 2 or CO 2 concentrations.
(28j) "Prevention of significant
deterioration permit" or "PSD permit" means a major source preconstruction
permit issued under ch. NR 405.
(28m) "Project" means a physical change in,
or change in method of operation of, an existing major stationary
source.
(28s)
(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.
(28).
(29) "Reasonable
further progress" means annual incremental reductions in emissions of the
relevant air pollutant required by part D of title I of the Act (42 USC
7501 to
7515) or
may reasonably be required by the department or the administrator for the
purpose of ensuring attainment of the applicable national ambient air quality
standards in an area by the applicable statutory deadline.
(29m) "Regulated NSR air contaminant" means
all of the following:
(a) Nitrogen oxides or
any volatile organic compounds.
(b)
Any air contaminant for which a national ambient air quality standard has been
promulgated.
(c) Any air
contaminant that is identified under this paragraph as a precursor of a general
air contaminant listed under par. (a) or (b), or that the EPA has determined to
be a constituent or precursor of a general air contaminant listed under par.
(a) or (b), provided that a constituent or precursor pollutant may only be
regulated under this chapter as part of regulation of the general air
contaminant. The precursors identified by the administrator are as follows:
1. Volatile organic compounds and nitrogen
oxides are precursors to ozone in all ozone nonattainment areas.
2. Sulfur dioxide is a precursor to PM 2.5 in
all PM 2.5 nonattainment areas.
3.
Nitrogen oxides are presumed to be precursors to PM 2.5 in all PM 2.5
nonattainment 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.
(d) 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.
(29s)
"Replacement unit" means an emissions unit for which all the criteria listed in
pars. (a) to (d) are met. No creditable emission reductions shall 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.
(30) "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 the period is
more representative of normal source operations, considering the effect any
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.
(31) "Secondary emissions" means emissions
which would occur as a result of the construction or operation of a major
source or major modification, but do not come from the major source or major
modification itself. For the purpose of this chapter, secondary emissions shall
be specific, well defined, quantifiable and impact the same general area as the
stationary source or modification which causes the secondary emissions.
Secondary emissions include emissions from any off-site support facility which
would not be constructed or increase its emissions except as a result of the
construction or operation of the major source or major modification. Secondary
emissions do not include tailpipe emissions from any source regulated under
title II of the Act or any emissions from in-transit marine vessels.
(32)
(a)
"Significant" means, in reference to a net emissions increase or the potential
of a source to emit any of the following pollutants, a rate of emissions that
would equal or exceed any of the following, except as provided in pars. (b) to
(h):
1. Carbon monoxide: 100 tons per year
(tpy).
2. Nitrogen oxides: 40
tpy.
3. Sulfur dioxide: 40
tpy.
4. Particulate matter: 25
tpy.
5. PM 10: 15 tpy.
5m. PM 2.5: 10 tpy; 40 tpy for nitrogen
oxides; and 40 tpy for sulfur dioxide.
6. Ozone: 40 tpy of VOC or 40 tpy of nitrogen
oxides.
7. Lead: 0.60
tpy.
(b) Notwithstanding
the significant emission rate for carbon monoxide under par. (a), a net
increase in carbon monoxide emissions resulting from any physical change in, or
change in the method of operation of, a stationary source in a serious
nonattainment area for carbon monoxide is significant if the increase exceeds
50 tpy, provided stationary sources contribute significantly to carbon monoxide
levels in that area.
Note: If any serious nonattainment area for
carbon monoxide is designated in the state, the department will make the
determination of whether stationary sources contribute significantly to the
carbon monoxide levels in accordance with rules or guidance issued by the U.S.
environmental protection agency.
(c) Notwithstanding the significant emissions
rate for ozone under par. (a), a net increase in emissions of VOCs that would
result from any physical change in, or change in the method of operation of, a
stationary source for which a complete construction permit application was
submitted or was required to be submitted after November 15, 1992 and which is
located in a serious or severe nonattainment area for ozone is significant if
the increase exceeds 25 tpy when aggregated with all creditable increases and
decreases in emissions of that precursor from the source over any period of 5
consecutive years, which includes the calendar year in which the increase will
occur.
(d) Notwithstanding the
significant emissions rates for ozone under pars. (a) and (c), any increase in
VOC emissions from any discrete operation, unit or other pollutant emitting
activity at a major source of VOCs located in an extreme nonattainment area for
ozone shall be considered significant.
(e) Notwithstanding the significant emission
rates for PM 10 under par. (a), a net increase in PM 10 emission resulting from
a physical change in, or a change in the method of operation of, a stationary
source in a serious nonattainment area for PM 10 is significant if the increase
exceeds 10 tpy.
(f) For the
purposes of applying the requirements of s.
NR 408.03(5) to major sources of
nitrogen oxides for which a complete construction permit application was
submitted or was required to be submitted after November 15, 1992 and which are
located in ozone nonattainment areas or in ozone transport regions, the
significant emission rates and other requirements for VOC in this subsection
shall apply to nitrogen oxides emissions.
(g) For the purposes of applying the
requirements of s.
NR 408.03(4) to a major source of a PM
10 precursor located in a moderate PM 10 nonattainment area, the significant
emission rate for the PM 10 precursor is 15 tpy.
(h) For the purposes of applying the
requirements of s.
NR 408.03(4) to a major source of a PM
10 precursor located in a serious PM 10 nonattainment area, the significant
emission rate for the PM 10 precursor is 10 tpy.
(32m) "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 408.02(32).
(33) "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 plan and other requirements
necessary to attain and maintain the national ambient air quality standards
during the project and after it is terminated.
