Wis. Admin. Code Department of Natural Resources § NR 405.07 Review of Major Stationary Sources and Major Modifications - Source Applicability and Exemptions
Library | Wisconsin Administrative Code |
Edition | 2023 |
Currency | Current through December 26, 2023 |
Citation | Wis. Admin. Code Department of Natural Resources § NR 405.07 |
Year | 2023 |
(1)No major stationary source or major modification may begin actual construction unless the requirements of ss. to NR 405.08 have been met. 405.16
(2)The requirements of ss. to NR 405.08 shall apply to any major stationary source and any major modification with respect to each air contaminant that it would emit, except as this chapter would otherwise allow. 405.16
(3)The requirements of ss. to NR 405.08 apply only to any major stationary source or major modification that would be constructed in an area which is designated as attainment or unclassifiable under section 107 (a) (1) (D) or (E) of the Act ( 405.1142 USC ). 7407(a)(1)(D) or (E)
(4)A major source or major modification is exempt from the requirements of ss. to NR 405.08 if any of the following apply: 405.16
-
(a) The source or modification would be a
major stationary source or major modification only if fugitive emissions, to
the extent quantifiable, are considered in calculating the potential to emit of
the stationary source or modification and such source does not belong to any of
the following categories:
-
(b) The major source
or major modification is a portable stationary source which has previously
received a permit under requirements in ss
to
NR
405.08 and all of the following
conditions are met: 405.16
(5) The requirements of ss. to NR 405.08 do not apply to a major stationary source or major modification with respect to a particular air contaminant if the owner or operator demonstrates that, as to that air contaminant, the source or modification is located in an area designed as nonattainment under section 107 of the Act ( 405.1642 USC ). 7407
(6) The requirements contained in ss. , NR 405.09, and 405.11 do not apply to a proposed major stationary source or major modification with respect to a particular air contaminant, if the allowable emissions of that air contaminant from a new source, or the net emissions increase of that air contaminant from a modification, would be temporary and impact no Class I area and no area where an applicable increment is known to be violated. 405.13
(7) The requirements contained in ss. , NR 405.09, and 405.11 as they relate to any maximum allowable increase for a Class II area do not apply to a modification of a major stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each air contaminant from the modification after the application of best available control technology would be less than 50 tons per year. 405.13
(8) The department may exempt a proposed major stationary source or major modification from the requirements of s. with respect to monitoring for a particular air contaminant if one of the following applies: NR 405.11
-
(a) The emissions increase
of the air contaminant from a new stationary source or the net emissions
increase of the air contaminant from a major modification would cause, in any
area, air quality impacts less than the following amounts
-
(b) The concentrations of the air contaminant
in the area that the source or modification would affect are less than the
concentrations listed in par. (a).
-
(c) The air contaminant is not listed in par.
(a).
(9)
-
(a) Beginning January 2, 2011, emissions of
greenhouse gases at a stationary source shall only be subject to regulation
under the Act if the stationary source is any of the following:
-
(b) For purposes of this subsection
emissions of GHG on a carbon...
To continue reading
Request your trial