Section 3 NR 407.02 (4) (c) 1. is renumbered 1. (intro.) and amended to read:
NR 407.02 (4) (c) 1. For ozone nonattainment areas, sources:
a. Sources with the potential to emit 100 tpy or more of volatile organic compounds or oxides of nitrogen in areas classified as “rural transport,”, “marginal,” or “moderate,”, 50 tpy or more in areas classified as “serious,”, 25 tpy or more in areas classified as “severe,”, and 10 tpy or more in areas classified as “extreme”; except that the references in this paragraph to 100, 50, 25, and 10 tpy of nitrogen oxides do not apply with respect to any source for which the administrator has made a finding, under section 182 (f) (1) or (2) of the Act (42 USC 7511a (f) (1) or (2)), that requirements under section 182 (f) of the Act (42 USC 7511a (f)) do not apply. Section 4 NR 407.02 (4) (c) 1. b. is created to read:
NR 407.02 (4) (c) 1. b. The classification with the lowest emission threshold under this subd. 1. a. determines the major source 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.
Section 5 NR 408.02 (24) (c) is created to read:
NR 408.02 (24) (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.
Section 6 NR 408.02 (32) (a) 6. is amended to read:
NR 408.02 (32) (a) 6. Ozone: 40 tpy of VOC or 40 tpy of nitrogen oxides.
Section 7 NR 428.20 (1) is renumbered (1) (a) (intro.) and amended to read:
NR 428.20 (1) Applicability. (a) The requirements of this subchapter apply to the owner or operator of ana NOX emissions unit whichthat is in a source category identified inunder s. NR 428.22 and whichthat is located at a facility with combined total maximum theoretical emissions for all NOX emissions units of 100 tons per year or more of NOX and which is in the county of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington or Waukesha. that meets any of the following conditions: Section 8 NR 428.20 (1) (a) 1., 2., 3., (b) and (c) are created to read:
NR 428.20 (1) (a) 1. The facility is located in the county of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, or Waukesha and the maximum theoretical emissions of NOx from all emission units in all source categories identified under s. NR 428.22 combined is equal to or greater than 100 tpy. 2. The facility is located in an area that is classified as a moderate, serious, severe, or extreme ozone nonattainment area and the maximum theoretical emissions of NOx from all emission units in all source categories identified under s. NR 428.22 combined is equal to or greater than the following: a. 100 tpy for moderate ozone nonattainment area.
b. 50 tpy for serious ozone nonattainment area.
c. 25 tpy for severe ozone nonattainment area.
d. 10 tpy for extreme ozone nonattainment area.
3. The facility is located in an area that, at any time on or after July 20, 2012, had been classified as a moderate, serious, severe, or extreme ozone nonattainment area and the maximum theoretical emissions of NOx from all emission units in all source categories identified under s. NR 428.22 combined is equal to or greater than the following: a. 100 tpy for former moderate ozone nonattainment area.
b. 50 tpy for former serious ozone nonattainment area.
c. 25 tpy for former severe ozone nonattainment area.
d. 10 tpy for former extreme ozone nonattainment area.
(b) If more than one emission threshold under par. (a) is applicable to the same area due to different ozone standards or a change in nonattainment classification, the lowest applicable emission threshold under par. (a) 2. or 3. applies.
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.
(c) The requirements of this subchapter remain applicable to each affected unit regardless of any subsequent decrease in maximum theoretical emissions of NOx at the source to a level below the applicable emission thresholds.
Section 9 NR 428.20 (2) is amended to read:
NR 428.20 (2) Purpose. The purpose of this subchapter is to establish meet the requirements of sections 172 (c) and 182 (f) of the Act (42 USC 7502 (c) and 7511a (f)) by establishing reasonably available control technology requirementsstandards for NOx emissions units in the ozone nonattainment area consisting of the counties of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha to comply with sections 172(c) and 182(f) of the Act (42 USC 7502(c) and 7511a(f))areas that are or have ever been classified moderate, serious, severe, or extreme nonattainment for ozone under sub. (1). Section 10 NR 428.21 (3) (intro.), (a) and (b) are amended to read:
NR 428.21 (3) Other regulated unit. An emissions unit which is subject to and meeting an emission limitation in s. NR 428.04 or 428.05 (3) is exempt from the emission limitations inunder s. NR 428.22, if one of the following appliesit meets all of the following conditions: (a) The emissions unit is subject to a federally enforceable condition in an air permit which limits its emissions to nodoes not emit more than 75 tons of NOx per year due to a physical operating constraint or a federally enforceable condition in an air permit.
(b) The emissions unit, because of a physical operating constraint, cannot emit more than 75 tons of NOx per year is located in a facility subject to the applicability thresholds specified under s. NR 428.20 (1) (a) 1., 2. a, or 3. a. Section 11 NR 428.21 (3) (c) is created to read:
NR 428.21 (3) (c) The emissions unit is subject to and meeting an emission limitation under s. NR 428.04 (2) or 428.05 (3). Section 12 NR 428.255 is created to read:
NR 428.255 Compliance schedule. The owner or operator of a facility that has a NOx emission unit that is subject to this subchapter and that is located in any area described under s. NR 428.20 (1) (a) 2. or 3. shall comply with the applicable requirements of this subchapter upon the facility becoming subject to this subchapter, except for any of the following: (1) The owner or operator of a NOx emission unit that commenced construction before [the effective date of this rule - LRB inserts date] and became subject to this subchapter on [the effective date of this rule - LRB inserts date] shall comply with the applicable requirements of this subchapter for that unit as expeditiously as practicable, but no later than 21 months after [the effective date of this rule - LRB inserts date].
(2) The owner or operator of a NOx emission unit that becomes subject to this subchapter due to the reclassification of a nonattainment area that occurs after [the effective date of this rule - LRB inserts date] shall comply with applicable requirements of this subchapter as expeditiously as practicable, but no later than the start of the attainment year ozone season associated with the area’s new attainment deadline, as indicated by the relevant Federal Register publication, or January 1 of the 3rd year after the associated SIP revision submittal deadline, whichever is earlier.
Note: RACT SIP revisions must be submitted by the department no later than 24 months after the effective date of the reclassification, as indicated by the relevant Federal Register publication.
(3) The owner or operator of a NOx emission unit that becomes subject to this subchapter due to the initial designation of a nonattainment area that occurs after [the effective date of this rule - LRB inserts date], shall comply with applicable requirements of this subchapter as expeditiously as practicable, but no later than January 1 of the 5th year after the effective date of the initial designation, as indicated by the relevant Federal Register publication.
Section 13 NR 484.04 Table 2 (7s) is created to read:
| CFR Appendix Referenced | Title | Incorporated by Reference For |
(7s) | 40 CFR part 50 Appendix U | Interpretation of the Primary and Secondary National Ambient Air Quality Standards for Ozone | NR 404.04 (5) (d) |
Section 14 Effective Date. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. Section 15 Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on June 23, 2021.
