Section 440.14. Modification.

 

(1)  Except as provided under subs. (5) , (6) and (8) to (12) , any physical or operational change to an existing facility which results in an increase in the emission rate to the atmosphere of any pollutant to which a standard applies shall be considered a modification within the meaning of this chapter. Upon modification, an existing facility becomes an affected facility for each pollutant to which a standard applies and for which there is an increase in the emission rate to the atmosphere.

(2)  Emission rate shall be expressed as kg/hr of any pollutant discharged into the atmosphere for which a standard is applicable. The department shall use the following to determine emission rate:

(a) Emission factors as specified in "Compilation of Air Pollutant Emission Factors," AP-42, Volume 1: Stationary Point and Area Sources, EPA-OAQPS, as amended, incorporated by reference in s. NR 440.17 (2) (i) 2. , or other emission factors determined by the department to be superior to AP-42 emission factors, in cases where utilization of emission factors demonstrates that the emission level resulting from the physical or operational change will either clearly increase or clearly not increase.

(b) Material balances, continuous monitor data, or manual emission tests in cases where utilization of emission factors as referenced in par. (a) does not demonstrate to the department's satisfaction whether the emission level resulting from the physical or operational change will either clearly increase or clearly not increase, or where an owner or operator demonstrates to the department's satisfaction that there are reasonable grounds to dispute the result obtained by the department utilizing emission factors as referenced in par. (a) . When the emission rate is based on results from manual emission tests or continuous monitoring systems, the procedures specified in 40 CFR part 60 , Appendix C, incorporated by reference in s. NR 440.17 , shall be used to determine whether an increase in emission rate has occurred. Tests shall be conducted under such conditions as the department may specify to the owner or operator based on representative performance of the facility. At least 3 valid test runs shall be conducted before and at least 3 after the physical or operational change. All operating parameters which may affect emissions shall be held constant to the maximum feasible degree for all test runs.

(3)  The addition of an affected facility to a stationary source as an expansion to that source or as a replacement for an existing facility will not by itself bring within the applicability of this chapter any other facility within that source.

(5)  The following may not, by themselves, be considered modifications under this chapter:

(a) Maintenance, repair and replacement which the department determines to be routine for a source category, subject to the provisions of sub. (3) and s. NR 440.15 .

(b) An increase in production rate of an existing facility, if that increase can be accomplished without a capital expenditure on that facility.

(c) An increase in the hours of operation.

(d) Use of an alternative fuel or raw material if, prior the date any standard under this chapter became applicable to that source type, the existing facility was designed to accommodate that alternative use. A facility shall be considered to be designed to accommodate an alternative fuel or raw material if that use could be accomplished under the facility's construction specifications as amended prior to the change. Conversion to coal required for energy considerations, as specified in section 111 (a) (8) of the act ( 42 USC 7411 (a) (8)), will not be considered a modification under this chapter.

(e) The addition or use of any system or device whose primary function is the reduction of air pollutants, except when an emission control system is removed or is replaced by a system which the department determines to be less environmentally beneficial.

(f) The relocation or change in ownership of an existing facility.

(6)  Special provisions set forth under any other applicable section of this chapter shall supersede any conflicting provisions of this section.

(7)  Within 180 days of the completion of any physical or operational change subject to the control measures specified in sub. (1) , compliance with all applicable standards shall be achieved.

(8)  No physical change or change in the method of operation at an existing electric utility steam generating unit may be treated as a modification for the purposes of this section provided that the change does not increase the maximum hourly emissions of any pollutant regulated under this section above the maximum hourly emissions achievable at that unit during the 5 years prior to the change.

(9)  Repowering projects that are awarded funding from the department of energy as permanent clean coal technology demonstration projects, or similar projects funded by the U.S. environmental protection agency, are exempt from the requirements of this section provided that the change does not increase the maximum hourly emissions of any pollutant regulated under this section above the maximum hourly emissions achievable at that unit during the 5 years prior to the change.

(10)  

(a) Repowering projects that qualify for an extension under section 409 (b) of the act ( 42 USC 7651h (b)) are exempt from the requirements of this section provided that the change does not increase the actual hourly emissions of any pollutant regulated under this section above the actual hourly emissions achievable at that unit during the 5 years prior to the change.

(b) This exemption does not apply to any new unit that:

1. Is designated as a replacement for an existing unit;

2. Qualifies under section 409 (b) of the act ( 42 USC 7651h (b)) for an extension of an emission limitation compliance date under section 405 of the act ( 42 USC 7651d ) and;

3. Is located at a different site than the existing unit.

(11)  The installation, operation, cessation or removal of a temporary clean coal technology demonstration project is exempt from the requirements of this section. A temporary clean coal control technology demonstration project for the purposes of this section is a clean coal technology demonstration project that is operated for a period of 5 years or less and which complies with the state implementation plan for the state in which the project is located and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.

(12)  The reactivation of a very clean coal fired electric utility steam generating unit is exempt from the requirements of this section.

History: Cr. Register, January, 1984, No. 337 , eff. 2-1-84; am. (1), (2) (a), (5) (d), cr. (8) to (12), Register, December, 1995, No. 480 , eff. 1-1-96; CR 06-109 : cr. (2) (intro.), am. (2) (a) Register May 2008 No. 629 , eff. 6-1-08.