(1) Any owner or operator who constructs or
operates a stationary source or modification not in accordance with the
application submitted under this chapter or with the terms of any approval to
construct, or any owner or operator of a stationary source or modification
subject to this chapter who commences construction after June 1, 1993 without
applying for and receiving approval as described in this chapter, shall be
subject to enforcement action and penalties as provided in ch. NR
494.
(2) The approval to construct
or modify a stationary source shall become invalid 18 months after the date a
construction permit is issued by the department unless the permit specifies
otherwise. The department may extend the 18 month period upon a satisfactory
showing that an extension is justified unless otherwise specified in the
construction permit.
(3) The
approval to construct does not relieve any owner or operator of the
responsibility to comply fully with applicable provision of chs.
NR
400 to
499 or any other requirements
under local, state or federal law.
(4) At the time that a particular source or
modification becomes a major source or major modification solely by virtue of a
relaxation in any enforceable limitation which was established after August 7,
1980, on the capacity of the source or modification otherwise to emit a
pollutant, such as a restriction on hours of operation, then the requirements
of ss.
NR 408.04 to 408.09 and this section shall apply to
the source or modification as though construction has not yet commenced on the
source or modification.
(5) For a
project involving existing emissions units at a major stationary source, which
does not have a PAL, in circumstances where the calculated difference between
projected actual emissions using the method specified in s.
NR 408.02(28s) (b) 1. and 2., and
baseline actual emissions does not exceed the level that is considered to be
significant for the air contaminant, the owner or operator shall do the
following as applicable:
(a) Before beginning
actual construction of the project, document and maintain a record of all of
the following:
1. A description of the
project.
2. Identification of the
emissions unit or units whose emissions of a regulated NSR air contaminant
could be affected by the project.
3. The calculation of the net emissions
increase under s.
NR 408.02(23) (a) that was used to
determine that the project is not a major modification for any regulated NSR
air contaminant, including the baseline actual emissions, the projected actual
emissions, the amount of emissions excluded under s.
NR 408.02(28s) (b) 2. and an explanation
why the amount was excluded, and any netting calculations, if
applicable.
(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 408.02(28s) (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 408.02(28s) (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 408.02(32) 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.
(6) The owner or operator of the
source shall make the information required to be documented and maintained
pursuant to sub. (5) available for inspection, upon request, by the department
or the general public.
