Section 463.10. Preconstruction review requirements for new and reconstructed sources.

 

(1)   New or reconstructed affected sources. The owner or operator of a new or reconstructed affected source which is exempt from the permit requirements of chs. NR 406 and 407 is subject to this section.

(a) No person may construct a new affected source or reconstruct an affected source subject to this subchapter, or reconstruct a source such that it becomes an affected source subject to this subchapter, without either meeting the permit application and approval requirements under ch. NR 406 or 407 , if applicable, or submitting a notification of construction or reconstruction to the department under this section. Notification under this section shall contain the information identified in pars. (b) and (c) , as appropriate.

(b) The notification of construction or reconstruction required under this subsection shall include all of the following:

1. The owner or operator's name, title and address.

2. The address or proposed address where the affected source would be located, if different from the owner's or operator's.

3. A notification of intention to construct a new affected source or make any physical or operational changes to an affected source that may meet or has been determined to meet the criteria for a reconstruction as defined in s. NR 460.02 (32) .

4. An identification of this subchapter as the basis for the notification.

5. The expected commencement and completion dates of the construction or reconstruction.

6. The anticipated date of initial startup of the affected source.

7. The type of process operation to be performed, hard or decorative chromium electroplating or chromium anodizing.

8. A description of the air pollution control technique to be used to control emissions from the affected source, such as preliminary design drawings and design capacity if an add-on air pollution control device is used.

9. An estimate of emissions from the source based on engineering calculations and vendor information on control device efficiency, expressed in units consistent with the emission limits of this subchapter. Calculations of emission estimates shall be in sufficient detail to permit assessment of the validity of the calculations.

(c) If a reconstruction is to occur, the notification required under this subsection shall include the following in addition to the information required in par. (b) :

1. A brief description of the affected source and the components to be replaced.

2. A brief description of the present and proposed emission control technique, including the information required by par. (b) 8. and 9.

3. An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new source.

4. The estimated life of the affected source after the replacements.

5. A discussion of any economic or technical limitations the source may have in complying with relevant standards or other requirements after the proposed replacements. The discussion shall be sufficiently detailed to demonstrate to the department's satisfaction that the technical or economic limitations affect the source's ability to comply with the relevant standard and how they do so.

6. If in the notification of reconstruction, the owner or operator designates the affected source as a reconstructed source and declares that there are no economic or technical limitations to prevent the source from complying with all relevant standards or requirements, the owner or operator need not submit the information required in subds. 3. to 5.

(d) The owner or operator of a new or reconstructed affected source that submits a notification under this subsection is not subject to approval by the department under this subchapter. Construction or reconstruction is subject only to notification and may begin upon submission of a complete notification. This paragraph applies only to affected sources which are exempt from permit requirements under chs. NR 406 and 407 .

(2)   Submittal timeframes. After October 1, 1997, an owner or operator of a new or reconstructed affected source shall submit the notification of construction or reconstruction required by sub. (1) according to the following schedule:

(a) If construction or reconstruction commences after October 1, 1997, the notification shall be submitted as soon as practicable before the construction or reconstruction is planned to commence.

(b) If the construction or reconstruction had commenced and initial startup had not occurred before October 1, 1997, the notification shall be submitted as soon as practicable before startup but no later than 60 days after October 1, 1997.

Cr. Register, September, 1997, No. 501 , eff. 10-1-97; CR 04-023 : am. (1) (a), (b) 4., 9. and (d) Register December 2008 No. 636 , eff. 1-1-09.