NR 405.02(17)
(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.
NR 405.02(18)
(18) “Indian reservation" means any federally recognized reservation established by treaty, agreement, executive order, or act of congress.
NR 405.02(19)
(19) “Innovative control technology" means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or nonair quality environmental impacts.
NR 405.02(20)
(20) “Low terrain" means any area other than high terrain.
NR 405.02(21)
(21) “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.
NR 405.02(21)(a)
(a) Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or nitrogen oxides shall be considered significant for ozone.
NR 405.02(21)(b)
(b) A physical change or change in the method of operation does not include any of the following:
NR 405.02(21)(b)2.
2. Use of an alternative fuel or raw material by reason of any order under sections 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).
NR 405.02(21)(b)4.
4. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste.
NR 405.02(21)(b)5.
5. Use of an alternative fuel or raw material by a stationary source when one of the following applies:
NR 405.02(21)(b)5.a.
a. The source was capable of accommodating the alternative fuel or raw material before January 6, 1975, unless the change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 pursuant to this chapter or
ch. NR 406 or
408 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.
NR 405.02(21)(b)6.
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 January 6, 1975 pursuant to this chapter,
ch. NR 406, or
408 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 Part 52.21, or regulations approved pursuant to
40 CFR Part 51 subpart I.
NR 405.02(21)(b)8.
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:
NR 405.02(21)(b)8.b.
b. Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.
NR 405.02(21)(b)9.
9. The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated air contaminant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis.
NR 405.02(21)(b)10.
10. The reactivation of a very clean coal-fired electric utility steam generating unit.
NR 405.02(21)(c)
(c) This definition does not apply with respect to a particular regulated NSR air contaminant when the major stationary source is complying with the requirements under
s. NR 405.18 for a PAL for that air contaminant. Instead, the definition at
s. NR 405.18 (2) (e) shall apply.
NR 405.02(22)(a)1.
1. Any of the following stationary sources of air contaminants which emits, or has the potential to emit, 100 tons per year or more of any air contaminant subject to regulation under the Act: Fossil fuel fired steam electric plants of more than 250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants (which 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)), fossil fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input, petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants.
NR 405.02(22)(a)2.
2. Notwithstanding the stationary source size specified in
subd. 1., any stationary source which emits, or has the potential to emit, 250 tons per year or more of any air contaminant subject to regulation under the act.
NR 405.02(22)(a)3.
3. Any physical change that would occur at a stationary source not otherwise qualifying under this subsection as a major stationary source, if the change would constitute a major stationary source by itself.
NR 405.02(22)(b)
(b) A major source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone.
NR 405.02(22)(d)
(d) 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.
NR 405.02(22m)(a)(a) “Minor source baseline date" means the earliest date after the trigger date on which the owner or operator of a major stationary source or a major modification subject to
40 CFR 52.21 or to regulations approved pursuant to
40 CFR 51.166 submits a complete application under the relevant regulations. The trigger date is:
NR 405.02(22m)(b)
(b) The minor source baseline date is established for each air contaminant for which increments or other equivalent measures have been established if:
NR 405.02(22m)(b)1.
1. The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under section 107 (d) (1) (A) (ii) or (iii) of the Act (
42 USC 7407(d)(1) (A)(ii) or (iii)) for the air contaminant on the date of its complete application under
40 CFR 52.21 or under regulations approved pursuant to
40 CFR 51.166.
NR 405.02(22m)(b)2.
2. In the case of a major stationary source, the air contaminant would be emitted in significant amounts or, in the case of a major modification, there would be a significant net emissions increase of the air contaminant.
NR 405.02(23)
(23) “Necessary preconstruction approvals or permits" means those permits or approvals required under
chs. NR 400 to
499.
NR 405.02(24)(a)(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:
NR 405.02(24)(a)1.
1. The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to the methods contained in
s. NR 405.025.
NR 405.02(24)(a)2.
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.
NR 405.02(24)(b)
(b) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between the following:
NR 405.02(24)(b)1.
1. The date 5 years before construction on the particular change commences.
NR 405.02(24)(c)
(c) An increase or decrease in actual emissions is creditable only if all of the following are satisfied:
NR 405.02(24)(c)2.
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.
NR 405.02(24)(d)
(d) An increase or decrease in actual emissions of sulfur dioxide, nitrogen oxides or particulate matter measured as PM
10 which occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.
NR 405.02(24)(e)
(e) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.
NR 405.02(24)(f)
(f) A decrease in actual emissions is creditable only to the extent that all of the following are satisfied:
NR 405.02(24)(f)1.
1. The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions.
NR 405.02(24)(f)2.
2. It is enforceable as a practical matter at and after the time that actual construction on the particular change begins.
NR 405.02(24)(f)3.
3. It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.
NR 405.02(24)(g)
(g) 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.
NR 405.02(24j)
(24j) “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 405.18.
NR 405.02(25)
(25) “Potential to emit" means the maximum capacity of a stationary source to emit an air contaminant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit an air contaminant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.
NR 405.02(25b)
(25b) “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.
NR 405.02 Note
Note: Process and control device operational parameters include secondary voltages and electric currents, and other information, such as gas flow rate, O2 or CO2 concentrations.
NR 405.02(25d)
(25d) “Prevention of significant deterioration program" or “PSD 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 51.166. Any permit issued under a PSD program is a major NSR permit.
NR 405.02(25e)
(25e) “Project" means a physical change in, or change in method of operation of, an existing major stationary source.
NR 405.02(25f)(a)(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.
NR 405.02(25f)(b)1.1. 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:
NR 405.02(25f)(b)1.a.
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.
NR 405.02(25f)(b)1.b.
b. Include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns and malfunctions.
NR 405.02(25f)(b)2.
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.
NR 405.02(25f)(c)
(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. (25).
NR 405.02(25g)
(25g) “Reactivation of a very clean coal-fired electric utility steam generating unit" means any physical change or change in the method of operation associated with the commencement of commercial operations by a coal-fired utility unit after a period of discontinued operation where the unit meets all of the following criteria:
NR 405.02(25g)(a)
(a) It has not been in operation for the 2-year period prior to the enactment of the clean air Act amendments of 1990 on November 15, 1990, and the emissions from the unit continue to be carried in the department's emissions inventory at the time of enactment.
NR 405.02(25g)(b)
(b) It was as equipped prior to shutdown with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than 85% and a removal efficiency for particulates of no less than 98%.
NR 405.02(25g)(c)
(c) It is equipped with low-NO
x burners prior to the time of commencement of operations following reactivation.
NR 405.02(25g)(d)
(d) It is otherwise in compliance with the requirements of the act.
NR 405.02(25i)
(25i) “Regulated NSR air contaminant" means all of the following:
NR 405.02(25i)(a)
(a) Any air contaminant for which a national ambient air quality standard has been promulgated.
NR 405.02(25i)(ag)
(ag) 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.
NR 405.02(25i)(ar)
(ar) Any air contaminant that is identified under this paragraph as a precursor to an air contaminant for which a national ambient air quality standard has been promulgated by the EPA, or that the EPA has determined to be a constituent or precursor to an air contaminant for which a national ambient air quality standard has been promulgated by the EPA. The precursors identified by the administrator are as follows:
NR 405.02(25i)(ar)1.
1. Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas.
NR 405.02(25i)(ar)2.
2. Sulfur dioxide is a precursor to PM
2.5 in all attainment and unclassifiable areas.
NR 405.02(25i)(ar)3.
3. Nitrogen oxides are precursors to PM
2.5 in all attainment and unclassifiable 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.
