Current through August 26, 2024
(1) Except as provided under subs. (5), (6)
and (8) to (12), any physical or operational change to an existing facility
which results in an increase in the emission rate to the atmosphere of any
pollutant to which a standard applies shall be considered a modification within
the meaning of this chapter. Upon modification, an existing facility becomes an
affected facility for each pollutant to which a standard applies and for which
there is an increase in the emission rate to the atmosphere.
(2) Emission rate shall be expressed as kg/hr
of any pollutant discharged into the atmosphere for which a standard is
applicable. The department shall use the following to determine emission rate:
(a) Emission factors as specified in
"Compilation of Air Pollutant Emission Factors," AP-42, Volume 1: Stationary
Point and Area Sources, EPA-OAQPS, as amended, incorporated by reference in s.
NR 440.17(2) (i) 2., or other emission
factors determined by the department to be superior to AP-42 emission factors,
in cases where utilization of emission factors demonstrates that the emission
level resulting from the physical or operational change will either clearly
increase or clearly not increase.
(b) Material balances, continuous monitor
data, or manual emission tests in cases where utilization of emission factors
as referenced in par. (a) does not demonstrate to the department's satisfaction
whether the emission level resulting from the physical or operational change
will either clearly increase or clearly not increase, or where an owner or
operator demonstrates to the department's satisfaction that there are
reasonable grounds to dispute the result obtained by the department utilizing
emission factors as referenced in par. (a). When the emission rate is based on
results from manual emission tests or continuous monitoring systems, the
procedures specified in 40 CFR part 60, Appendix C, incorporated by reference
in s.
NR 440.17, shall be used to determine whether an increase
in emission rate has occurred. Tests shall be conducted under such conditions
as the department may specify to the owner or operator based on representative
performance of the facility. At least 3 valid test runs shall be conducted
before and at least 3 after the physical or operational change. All operating
parameters which may affect emissions shall be held constant to the maximum
feasible degree for all test runs.
(3) The addition of an affected facility to a
stationary source as an expansion to that source or as a replacement for an
existing facility will not by itself bring within the applicability of this
chapter any other facility within that source.
(5) The following may not, by themselves, be
considered modifications under this chapter:
(a) Maintenance, repair and replacement which
the department determines to be routine for a source category, subject to the
provisions of sub. (3) and s.
NR 440.15.
(b) An increase in production rate of an
existing facility, if that increase can be accomplished without a capital
expenditure on that facility.
(c)
An increase in the hours of operation.
(d) Use of an alternative fuel or raw
material if, prior the date any standard under this chapter became applicable
to that source type, the existing facility was designed to accommodate that
alternative use. A facility shall be considered to be designed to accommodate
an alternative fuel or raw material if that use could be accomplished under the
facility's construction specifications as amended prior to the change.
Conversion to coal required for energy considerations, as specified in section
111 (a) (8) of the act (42 USC
7411(a) (8)), will not be
considered a modification under this chapter.
(e) The addition or use of any system or
device whose primary function is the reduction of air pollutants, except when
an emission control system is removed or is replaced by a system which the
department determines to be less environmentally beneficial.
(f) The relocation or change in ownership of
an existing facility.
(6) Special provisions set forth under any
other applicable section of this chapter shall supersede any conflicting
provisions of this section.
(7)
Within 180 days of the completion of any physical or operational change subject
to the control measures specified in sub. (1), compliance with all applicable
standards shall be achieved.
(8)
No physical change or change in the method of operation at an existing electric
utility steam generating unit may be treated as a modification for the purposes
of this section provided that the change does not increase the maximum hourly
emissions of any pollutant regulated under this section above the maximum
hourly emissions achievable at that unit during the 5 years prior to the
change.
(9) Repowering projects
that are awarded funding from the department of energy as permanent clean coal
technology demonstration projects, or similar projects funded by the U.S.
environmental protection agency, are exempt from the requirements of this
section provided that the change does not increase the maximum hourly emissions
of any pollutant regulated under this section above the maximum hourly
emissions achievable at that unit during the 5 years prior to the
change.
(10)
(a) Repowering projects that qualify for an
extension under section 409 (b) of the act (42 USC 7651
h(b)) are exempt from the requirements of this section provided that the
change does not increase the actual hourly emissions of any pollutant regulated
under this section above the actual hourly emissions achievable at that unit
during the 5 years prior to the change.
(b) This exemption does not apply to any new
unit that:
1. Is designated as a replacement
for an existing unit;
2. Qualifies
under section 409 (b) of the act (42 USC 7651
h(b)) for an extension of an emission limitation compliance date under section
405 of the act (42 USC 7651
d) and;
3. Is located at a
different site than the existing unit.
(11) The installation, operation, cessation
or removal of a temporary clean coal technology demonstration project is exempt
from the requirements of this section. A temporary clean coal control
technology demonstration project for the purposes of this section is 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 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.
(12) The
reactivation of a very clean coal fired electric utility steam generating unit
is exempt from the requirements of this section.
