NR 406.04(1)(zh)2.
2. Construction of a new facility if the facility will be exempt from the requirement to obtain an operation permit under s.
NR 407.03 (1m) after completion of the proposed construction.
NR 406.04(1f)
(1f)
Modifications to sources under plant-wide applicability limitations. Notwithstanding the provisions of subs.
(1) and
(2), no construction permit is required for modification of a source that is regulated by a plant-wide applicability limitation under s.
NR 405.18 or
408.11 provided all of following criteria are met:
NR 406.04(1f)(a)
(a) The modification will not cause or exacerbate an exceedance of an ambient air quality increment or standard.
NR 406.04(1f)(d)
(d) Emissions from the source, as modified, will be able to comply with the plant-wide applicability limit.
NR 406.04(1f)(e)
(e) Any increase in emissions, due to the modification, of air contaminants not regulated by a plant-wide applicability limitation, does not exceed the maximum theoretical emission levels specified in sub.
(2) (b),
(c),
(cm),
(d) and
(f).
NR 406.04(1f)(f)
(f) For new or modified sources for which no construction permit is required, an operation permit application shall be submitted as required under s.
NR 407.04 (1) (b) 3. prior to commencing construction or modification.
NR 406.04(1k)
(1k)
Projects evaluated for significant net emissions increase. Notwithstanding the provisions of s.
NR 406.04 (1) and
(2), no construction permit is required for a modification to an existing emissions unit, as defined in s.
NR 405.02 (12) or
408.02 (13), at an existing major stationary source, as defined in s.
NR 405.02 (22), or an existing major source, as defined in s.
NR 408.02 (21), which does not result in a significant emissions increase, as defined in s.
NR 405.02 (27m) or
408.02 (32m), provided all of the following criteria are met:
NR 406.04(1k)(a)
(a) The modification will not cause or exacerbate an exceedance of an ambient air quality increment or standard.
NR 406.04(1k)(c)
(c) The modification does not require enforceable conditions to limit potential to emit.
NR 406.04 Note
Note: For new or modified sources for which no construction permit is required, an operation permit application may be required to be submitted under s.
NR 407.04 (1) (b) 3. prior to commencing construction or modification.
NR 406.04(1m)
(1m)
Asbestos abatement notice. Each asbestos abatement notice of intention is considered an application for permit exemption. The department may place conditions on any permit exemption granted under sub.
(1) (n).
NR 406.04(1q)
(1q)
Sources exempt based on controlled actual emissions. No construction permit is required for any emissions unit constructed, modified, replaced, relocated or reconstructed at a stationary source where all of the following criteria and requirements are met:
NR 406.04(1q)(a)
(a) The owner or operator of the stationary source has a facility-wide operation permit under ch.
NR 407 or has submitted a timely and complete application for a facility-wide operation permit.
NR 406.04(1q)(b)
(b) Actual emissions from all of the constructed, modified, replaced, relocated and reconstructed emissions units do not exceed any of the following levels:
NR 406.04(1q)(b)1.
1. 1,666 pounds in any month averaged over any consecutive 12-month period for each of the following air contaminants: particulate matter, nitrogen oxide, sulfur dioxide, PM
10, carbon monoxide and volatile organic compounds.
NR 406.04(1q)(b)2.
2. 10 pounds in any month averaged over any consecutive 12-month period for lead.
NR 406.04(1q)(c)
(c) None of the emissions units constructed, modified, replaced, relocated or reconstructed requires a new BACT or LAER determination under ch.
NR 445 as a result of the new project.
NR 406.04(1q)(d)
(d) None of the emissions units constructed, modified, replaced, relocated or reconstructed are subject to new permitting requirements under ch.
NR 405 or
408 as a result of the new project.
NR 406.04(1q)(e)
(e) The owner or operator of the stationary source submits to the department a complete application for an operation permit revision, or an updated application for an operation permit, which includes each new, modified, replaced, relocated or reconstructed emissions unit, prior to commencing construction, modification, replacement, relocation or reconstruction and does all of the following:
NR 406.04(1q)(e)1.
1. In the operation permit revision application, or updated operation permit application, proposes monitoring of any control equipment used to limit actual emissions from any emissions unit being constructed, modified, replaced, relocated or reconstructed in accordance with the monitoring requirements in s.
NR 439.055.
NR 406.04(1q)(e)2.
2. Commences monitoring of any control equipment as proposed in subd.
1., and maintains any records necessary to demonstrate compliance with any applicable emission limitation, upon startup of any newly constructed, modified, replaced, relocated or reconstructed emissions unit.
NR 406.04(1q)(f)
(f) Prior to commencing construction, the owner or operator of the source submits to the department a claim of exemption from construction permitting requirements. The exemption claim shall identify the emissions units that are being constructed, modified, replaced, relocated, or reconstructed. The department shall respond to the claim of exemption submittal within 20 business days after receipt of the claim.
NR 406.04(1q)(g)
(g) Any newly constructed emissions unit is not subject to an emission limitation or emission standard under section 111 or 112 of the Act (
42 USC 7411 or
7412), excluding section 112 (d) (5) or (r) (
42 USC 7412 (d) (5) or (r)) and excluding engines certified to meet the emission standards in
40 CFR part 60, subpart IIII or JJJJ for each fuel used. Any modified, replaced, relocated, or reconstructed emissions unit is not subject to any new emission limitation or emission standard or other requirement for the emissions unit under section 111 or 112 of the Act (
42 USC 7411 or
7412), excluding section 112 (d) (5) or (r) (
42 USC 7412 (d) (5) or (r)) and excluding engines certified to meet the emission standards in
40 CFR part 60, subpart IIII or JJJJ for each fuel used.
NR 406.04 Note
Note: The application for an operation permit or operation permit revision required under this section will be evaluated by the department pursuant to the permit approval criteria in ss.
285.63 and
285.64, Stats. Application forms may be obtained from the regional and area offices of the department or from the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921, Attention: operation permits.
NR 406.04(2)
(2)
General category of exempt sources. In addition to the specific categories of exempt sources identified in sub.
(1), no construction permit is required prior to commencing construction, reconstruction, replacement, relocation or modification of a direct source if all of the following conditions are met:
NR 406.04(2)(a)
(a) The construction, reconstruction, replacement, relocation or modification of the source is not prohibited by any permit, plan approval or special order applicable to the source.
NR 406.04(2)(b)
(b) The maximum theoretical emissions from the source for sulfur dioxide or carbon monoxide do not exceed 9.0 pounds per hour for each air contaminant.
NR 406.04(2)(c)
(c) The maximum theoretical emissions from the source for particulate matter, nitrogen oxides or volatile organic compounds do not exceed 5.7 pounds per hour for each air contaminant.
NR 406.04(2)(cm)
(cm) The maximum theoretical emissions from the source for PM
10 do not exceed 3.4 pounds per hour.
NR 406.04(2)(cs)
(cs) The maximum theoretical emissions from the source for PM
2.5 do not exceed 2.2 pounds per hour.
NR 406.04(2)(d)
(d) The maximum theoretical emissions from the source for lead do not exceed 0.13 pounds per hour.
NR 406.04(2)(f)1.1. The maximum theoretical emissions from the source for any hazardous air contaminant listed in Table A, B or C of s.
NR 445.07 are not greater than the emission rate for the air contaminant listed in column (c), (d), (e) or (f) of Table A, B or C of s.
NR 445.07 for the respective stack height or the owner or operator of the source meets the compliance demonstration and notification requirements of s.
NR 445.08 (7) (b).
NR 406.04 Note
Note: Owners and operators of facilities emitting less than 3 tons of volatile organic compounds and 5 tons of particulate matter on an annual basis, or who engage in limited or no manufacturing activities, should refer to s.
NR 445.11 prior to determining applicable requirements under this paragraph.
NR 406.04(2)(f)3.
3. The source does not combust fuel oil in a compression ignition internal combustion engine subject to a best available control technology requirement in s.
NR 445.09 (3) (a).
NR 406.04(2)(h)
(h) The source is not subject to an emission limitation or emission standard under section 111 or 112 of the Act (
42 USC 7411 or
7412), excluding section 112 (d) (5) or (r) (
42 USC 7412 (d) (5) or (r)) and excluding engines certified to meet the emission standards in
40 CFR part 60, subpart IIII or JJJJ for each fuel used.
NR 406.04 Note
Note: Sections
285.60 (1) (b) 1. and
285.62 (8), Stats., and s.
NR 407.04 (1) (b) 3. require that a complete operation permit application or revision to an application be submitted to the department prior to commencing construction or modification of the equipment exempted under this section. A source which already has an operation permit must apply for a revision of that permit under s.
NR 407.11,
407.12 or
407.13.
NR 406.04(2m)
(2m)
Exemptions for sources with general operation and registration operation permits. Notwithstanding the provisions in s.
NR 406.04 (1) and
(2), no construction permit is required prior to commencing construction, reconstruction, replacement, relocation or modification of a stationary source if all the following criteria are met:
NR 406.04(2m)(b)
(b) The construction, reconstruction, replacement, relocation or modification will not result in the source violating any term or condition of the general operation permit or the registration operation permit.
NR 406.04 Note
Note: Some general operation permits issued prior to September 1, 2005 may have required a construction permit even if the change at the source would not violate any term or condition of the permit. Those sources are now exempt from the requirement to obtain a construction permit if the change at the source will not violate any term or condition of the general operation permit.
NR 406.04(2m)(c)
(c) The construction, reconstruction, replacement, relocation or modification does not require a permit under ch.
NR 405 or
408.
NR 406.04 Note
Note: This exemption applies to new or modified facilities if they are covered under a general or registration operation permit.
NR 406.04(3)(a)
(a) For the purpose of determining emissions under sub.
(2) (f), the owner or operator of a source may rely on information on an approved material safety data sheet if the approved material safety data sheet lists a hazardous air contaminant listed in Table A, B or C of s.
NR 445.07 and for any hazardous air contaminant with a standard expressed as an ambient air concentration in column (g) of Table A or B of s.
NR 445.07 constitutes 1% (10,000 parts per million) or more of the material or for any hazardous air contaminant with a standard expressed as a control requirement in column (i) of Table A, B or C of s.
NR 445.07 constitutes 0.1% (1,000 parts per million) or more of the material. If an approved material safety data sheet for a material does not list a hazardous air contaminant in Table A, B or C of s.
NR 445.07 at or above the amounts listed in this paragraph, the material will be presumed not to result in emissions of a hazardous air contaminant unless a hazardous air contaminant is formed in processing of the material.
NR 406.04(3)(b)
(b) For the purpose of determining emissions under sub.
(2) (f), the owner or operator of a source may rely upon mass balance, or other use, consumption and analytical methodologies for calculating potential emissions. However, the department may require that a stack test be conducted to affirm the accuracy of emission estimations.
NR 406.04(3)(c)
(c) For the purpose of determining emissions under sub.
(2) (f), the owner or operator of a source is not required to consider indoor fugitive emissions in calculating emissions of any substance with a standard expressed as an ambient air concentration in Table A, B or C of s.
NR 445.07.
NR 406.04(3)(d)
(d) For the purpose of determining emissions under sub.
(2) (f), the owner or operator of a source is not required to consider emissions resulting directly from naturally occurring constituents in windblown soil.
NR 406.04(3)(e)
(e) For the purposes of determining emissions under sub.
(2) (f), the owner or operator of a source is not required to consider emissions of hazardous air contaminants associated with agricultural waste.
NR 406.04 Note
Note: Par. (e) is shown as affected by
2011 Wis. Act 122. On May 24, 2011, the Joint Committee for the Review of Administrative Rules (JCRAR) adopted a motion under s.
227.26 (2) (d), Stats., that suspended s.
NR 406.04 (3) (e) in part as shown below. Pursuant to s.
227.26 (2) (f), Stats., JCRAR introduced 2011 Assembly Bill 195 and 2011 Senate Bill 138, in support of the JCRAR suspension. 2011 Senate Bill 138 was enacted, effective March 22, 2012, resulting in in the repeal of the rules as suspended by the May 24, 2011 JCRAR motion, as provided in s.
227.26 (2) (i), Stats., and creating s.
285.28, Stats., as set forth below.
NR 406.04 Note
NR 406.04 (3) (e) For the purposes of determining emissions under sub. (2) (f), the owner or operator of a source is not required to consider emissions of hazardous air contaminants associated with agricultural waste prior to July 31, 2011.
NR 406.04 Note
285.28 Agricultural waste; hazardous air contaminants. The department may not regulate the emission of hazardous air contaminants associated with agricultural waste except to the extent required by federal law.
NR 406.04(4)
(4)
Exclusions from modification. None of the following changes at a stationary source constitutes a modification:
NR 406.04(4)(a)
(a) Use of alternate fuel or raw material. Use of an alternate fuel or raw material which the source is designed to burn or use if:
NR 406.04(4)(a)2.
2. The use will not cause or exacerbate the violation of an ambient air quality standard or an ambient air increment.
NR 406.04(4)(a)3.
3. The use is not prohibited by any permit, plan approval or special order applicable to the source.
NR 406.04(4)(a)5.
5. The use will not subject the source to an emission limitation or emission standard under section 112 of the Act (
42 USC 7412), excluding section 112 (d) (5) or (r) (
42 USC 7412 (d) (5) or (r)) and excluding engines certified to meet the emission standards in
40 CFR part 60, subpart IIII or JJJJ for each fuel used.
NR 406.04(4)(b)
(b)
RACT compliance. A change to a permit condition needed to assure compliance with a new or revised RACT rule, a change at a source which is made primarily for the purpose of complying with the requirements of a RACT compliance plan approved under chs.
NR 419 to
425, or a VOC RACT variance approved under s.
NR 436.05, if the change does not cause or exacerbate the violation of an ambient air quality standard or ambient air increment for any air contaminant other than ozone.
NR 406.04(4)(c)1.1. The resumption of operation of a source after a period of closure if the existing equipment was continuously included in the department's emissions inventory as an existing source covered by plans submitted under s.
285.11 (6), Stats.
NR 406.04(4)(c)2.
2. The resumption of operation of a source after a period of closure if the source was never included and never required to be included in the emissions inventory as an existing source covered by plans submitted under s.
285.11 (6), Stats., and the resumption of operation of the source will not cause or exacerbate the violation of an ambient air quality standard or an ambient air increment, will not result in the emission of a new air contaminant and is not prohibited by any permit, plan approval or special order applicable to the source.
NR 406.04(4)(d)
(d) Increase in production rate. An increase in production rate if:
NR 406.04(4)(d)1.
1. The increased production rate does not exceed the design capacity of the source.
NR 406.04(4)(d)2.
2. The production rate increase does not require any change to existing equipment.
NR 406.04(4)(d)3.
3. The increase is not prohibited by any permit, plan approval or special order applicable to the source.
NR 406.04(4)(d)4.
4. The increase will not cause or exacerbate the violation of an ambient air quality standard or ambient air increment or violate an emission limit.
NR 406.04(4)(e)
(e) Increase in hours of operation. An increase in hours of operation if:
NR 406.04(4)(e)1.
1. The increase is not prohibited by any permit, plan approval or special order applicable to the source.
NR 406.04(4)(e)2.
2. The increase will not cause or exacerbate the violation of an ambient air quality standard or ambient air increment or violate an emission limit.
NR 406.04(4)(e)3.
3. The change is not subject to an emission limitation or emission standard under section 111 or 112 of the Act (
42 USC 7411 or
7412), excluding section 112 (d) (5) or (r) (
42 USC 7412 (d) (5) or (r)).
NR 406.04(4)(f)
(f) Change of ownership. A change in ownership of a source.
NR 406.04(4)(g)
(g) Routine maintenance or repair. The routine maintenance or repair of a source.
NR 406.04(4)(h)
(h) Change to process lines emitting VOCs. A change in a method of operation of a process line subject to s.
NR 424.03 (2) (c) that meets all of the following criteria:
NR 406.04(4)(h)1.
1. The change does not result in annual potential VOC emissions from the process line which exceed the currently allowed annual potential VOC emissions based on conditions established under s.
NR 424.03 (2) (c).
NR 406.04 Note
Note: The permittee shall continue to comply with the conditions established under s.
NR 424.03 (2) (c) in its construction or operation permit until the permit is revised.
NR 406.04(4)(i)
(i) Change to use a clean fuel. A change to an external combustion furnace to allow for the combustion of a clean fuel that meets all of the following requirements:
NR 406.04(4)(i)1.
1. The external combustion furnace has a maximum heat input capacity of no greater than 10 mmBtu/hour if the ability to combust distillate oil is being added and 25 mmBtu/hour if the ability to combust natural gas or propane is being added.
NR 406.04(4)(i)2.
2. The use of the new fuel does not cause or exacerbate the exceedance of any ambient air quality standard or increment in ch.
NR 404.
NR 406.04(4)(j)
(j) Other changes. A change where all of the following conditions are met:
NR 406.04(4)(j)1.
1. The change is not prohibited by any permit, plan approval or special order applicable to the source.
