Wisconsin Administrative Code

NR 401.01 Applicability; purpose. (1) APPLICABILThis chapter applies to all air contaminant sources and to their owners and operators. (2) PURPOSE. This chapter is adopted under ss. 285.11, 285.13 and 285.23, Stats., to establish procedures and criteria to identify a nonattainmen…

NR 401.02 Definitions. The definitions contained in ch. NR 400 apply to the terms used in this chapter. History: Cr. Register, September, 1986, No. 369, eff. 10-1-86.

NR 401.025 Nonattainment areas; sources affected. (1) NONATTAINMENT AREAS. The department may, from time to time, issue documents defining, listing or describing any area of the state where it has determined that any ambient air quality standard for any air contaminant is not bei…

NR 401.03 Methodology. The impact of a source[s emissions on a nonattainment area shall be determined by the department, using methods including but not limited to ambient air monitoring and meteorological data, and diffusion modeling. History: Renum. from NR 154.03 (3), Register…

NR 401.04 Compliance required. The failure to identify, in a document issued under s. NR 401.025 (2), a specific source in or near a nonattainment area which is otherwise subject to RACT emission limitations does not relieve the source from compliance. History: Renum. from NR 154…

NR 401.05 Issuance and revision of documents. The department may issue or revise a document under s. NR 401.025 (1), (2) or (3) only after 30 days notice and public hearing in the area affected. The hearings will not be contested cases under s. 227.01 (3), Stats. History: Renum. …

NR 403.01 Applicability; purpose. (1) APPLICABILITY. This chapter applies to any unit of local government authorized to establish and administer an air pollution control program. (2) PURPOSE. This chapter is adopted under ss. 285.11, 285.13, 285.73 and 285.75, Stats., to establis…

NR 403.02 Definitions. The definitions contained in ch. NR 400 apply to the terms used in this chapter. History: Cr. Register, September, 1986, No. 369, eff. 10-1-86.

NR 403.03 County and regional programs. Approved local programs must be compatible with chs. NR 400 to 499 and the implementation plan, avoid duplication, and provide: (1) Sufficient staff and resources to carry out the program. (2) An air pollution control officer responsible fo…

NR 403.04 Limitations on county, regional or local regulations. Nothing in chs. NR 400 to 499 shall be construed to limit the provisions of any county, regional, or local ordinance, regulation, or resolution which is more stringent or restrictive. History: Cr. Register, March, 19…

NR 404.01 Applicability; purpose. (1) APPLICABILThe air standards of this chapter apply to the entire state without exception. The ambient air increments of this chapter apply to all attainment areas of the state. (2) PURPOSE. This chapter is adopted under ss. 285.11, 285.13 and …

NR 404.02 Definitions. The definitions contained in ch. NR 400 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter: (3) XEquivalent methodY means a monitoring method which has been designated as an equivalent met…

NR 404.03 Air quality control regions. The following air quality control regions, which include counties in Wisconsin, have been designated: (1) INTERSTATE AIR QUALITY CONTROL REGIONS. (a) The Duluth (Minnesota) — Superior (Wisconsin) Interstate Air Quality Control Region include…

NR 404.05 Ambient air increments. (1) SCOPE. The ambient air increments apply to all attainment areas of the state. (2) CLASS I INCREMENTS. In any area of this state classified under the Act as a class I area, the ambient air increments for PM10, PM2.5, sulfur dioxide, and nitrog…

NR 404.06 Measurement of ambient air quality. (1) APPLICABILITY. (a) The department and any person conducting ambient air quality monitoring on its behalf shall use only reference or equivalent methods as specified in sub. (2) or (3) for all ambient air quality monitoring for any…

NR 404.07 Interpretation of air quality data with respect to air standards. The department shall, for implementation purposes, take into account levels and variations in natural background levels of contaminants, the quality of air entering a region, abnormal local short-term act…

NR 404.08 Guidelines for application of air standards. (1) LIMITATIONS ON LOCAL PROGRAMS. No local programs may grant variances or construction or operation permits in conflict with the implementation plan for that region. (2) MORE RESTRICTIVE LIMITS. Any person may be required t…

NR 405.01 Applicability; purpose. (1) APPLICABILThe provisions of this chapter apply to the construction of any new major stationary source or any project at an existing major stationary source located in an area designated as attainment or unclassifiable. (2) PURPOSE. The purpos…

NR 405.02 Definitions. The definitions contained in ch. NR 400 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter: (1) XActual emissionsY means the actual rate of emissions of a regulated NSR air contaminant fro…

NR 405.025 Methods for calculation of increases in actual emissions. (1) For projects that only involve existing emissions units, any increase in actual emissions from a physical change or change in the method of operation at a stationary source shall equal the sum of the differe…

NR 405.03 Restrictions on area classifications. (1) All of the following areas which were in existence on August 7, 1977, shall be Class I areas and may not be redesignated by the department: (a) International parks. (b) National wilderness areas which exceed 5,000 acres in size.…

NR 405.04 Exclusions from increment consumption. (1) All of the following concentrations shall be excluded in determining compliance with a maximum allowable increase: (a) Concentrations attributable to the increase in emissions from stationary sources which have converted from t…

NR 405.05 Redesignation. (1) All areas of the state, except as otherwise provided under s. NR 405.03, shall be designated either Class I, Class II, or Class III. Any designation other than Class II shall be subject to the redesignation procedures of this section. Any redesignatio…

NR 405.06 Stack heights. The degree of emission limitation required for control of any air contaminant under chs. NR 400 to 499 may not be affected in any manner by: the chapter was last published. 9 DEPARTMENT OF NATURAL RESOURCES (1) So much of a stack height, not in existence …

NR 405.07 Review of major stationary sources and major modifications — source applicability and exemptions. (1) No major stationary source or major modification may begin actual construction unless the requirements of ss. NR 405.08 to 405.16 have been met. (2) The requirements of…

NR 405.08 Control technology review. (1) A major stationary source or major modification shall meet each applicable emissions limitation under chs. NR 400 to 499 and under sections 111 and 112 of the Act (42 USC 7411 and 7412). (2) A new major stationary source shall apply best a…

NR 405.09 Source impact analysis. The owner or operator of the proposed major source or major modification shall demonstrate that allowable emission increases from the proposed major source or major modification, in conjunction with all other applicable emissions increases or red…

NR 405.10 Air quality models. (1) All estimates of ambient concentrations required under this chapter shall be based on the applicable air quality models, data bases, and other re- the chapter was last published. NR 405.10 WISCONSIN ADMINISTRATIVE CODE quirements specified in the…

NR 405.11 Air quality analysis. (1) PREAPPLICATION (a) Any application for a permit under this chapter shall contain an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the following air contaminants: 1. F…

NR 405.12 Source information. (1) The owner or operator of a proposed major source or major modification shall 12 submit all information necessary to perform any analysis or make any determination required under procedures established in accordance with this chapter. (2) Such inf…

NR 405.13 Additional impact analyses. (1) The owner or operator shall provide an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the major source or major modification and general commercial, residential, industrial and other growth…

NR 405.14 Sources impacting federal Class I areas — additional requirements. (1) NOTICE TO EPA. The department shall transmit to the administrator a copy of each permit application relating to a major stationary source or major modification and provide notice to the administrator…

NR 405.15 Public participation. (1) The department shall notify all applicants within 20 days as to the completeness of the application or any deficiency in the application or information submitted. In the event of such a deficiency, the date of receipt of the application shall b…

NR 405.16 Source obligation. (1) Approval to construct does not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the chs. NR 400 to 499 and any other requirements under local, state or federal law. (2) At such time that a particula…

NR 405.17 Innovative control technology. (1) An owner or operator of a proposed major stationary source or major modification may request the department to approve a system of innovative control technology. (2) The department may, with the consent of the governor of any other aff…

NR 405.18 Plant-wide applicability limitations (PALs). (1) APPLICABILITY. (a) This section applies to any existing major stationary source which wishes to operate under a PAL. The department may approve the use of a PAL for any existing major stationary source if the source and i…

NR 405.19 Forest County Potawatomi Class I area. (1) For any new major source or major modification of an existing source, the Forest County Potawatomi Community shall have the opportunity to present to the department, within no more than 75 days of receipt of a complete permit a…

NR 406.01 Applicability; purpose. (1) APPLICABILThis chapter applies to all air contaminant sources, except indirect sources, which may be required under s. 285.60, Stats., to obtain construction permits. In accordance with s. 285.60 (6), Stats., this chapter exempts sources of c…

NR 406.02 Definitions. The definitions contained in ch. NR 400 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter: (1) XClean fuelY means distillate oil, as defined in s. NR 440.205 (2) (h), with a sulfur conten…

NR 406.03 Permit requirements and exemptions for construction permits. (1) PERMIT REQUIREMENT. Except as provided in sub. (2), no person may commence construction, reconstruction, replacement, relocation or modification of a stationary source unless the person has a construction …

NR 406.035 Establishment or distribution of plantwide applicability limitations. Notwithstanding the provisions of s. NR 406.04 (1) and (2), a construction permit is required for each of the following: (1) Establishing a plant-wide applicability limitation under s. NR 405.18 or 4…

NR 406.04 Direct sources exempt from construction permit requirements. This section does not provide an exemption from construction permit requirements for a source that is required to obtain a permit under ch. NR 405 or 408 or s. NR 446.03 (2) (a). For any direct source not requ…

NR 406.07 Scope of permit exemption. (1) Exemption or the granting of an exemption under this chapter from the requirement to obtain a permit does not relieve any person from compliance with the emission limitations of chs. NR 400 to 499, the air quality requirements of ch. NR 40…

NR 406.075 Federally enforceable requirements. (1) Except as provided in sub. (2), all terms and conditions in a construction permit, including any provisions designed to limit a stationary source[s potential to emit, are federally enforceable by the administrator under section 1…

NR 406.08 Action on permit applications. (1) This section applies to actions on permits for which applications are received on or after August 1, 2015. This section does not apply to actions on applications for permits where the source commences construction, reconstruction, repl…

NR 406.09 Air quality analysis. The air quality impact of a proposed stationary source will be determined at such locations where members of the public might reasonably be exposed for time periods consistent with the ambient air quality standards for the pollutants for which anal…

NR 406.10 Violations. Any owner or operator who fails to construct a stationary source in accordance with the application as approved by the department; any owner or operator who fails to construct and operate a stationary source in accordance with conditions imposed by the depar…

NR 406.11 Construction permit revision, suspension and revocation. (1) After providing 21 days written notice to the permit holder and to the persons listed under s. 285.61 (5) (a) 2. to 5., Stats., except as provided in par. (h), the department may revise, suspend, revoke, or wi…

NR 406.12 Permit duration periods. Approval to construct or modify a stationary source shall become invalid 18 months after the date when a construction permit was issued by the department unless the permit specifies otherwise. The department may only extend such a time period fo…

NR 406.13 Duty to comply. Approval to construct or modify does not relieve any owner or operator of the responsibility to comply with the emission limits of chs. NR 400 to 499, the air quality standards of ch. NR 404 or the control strategies of all local, state and federal regul…