Section 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 the use of petroleum products, natural gas, or both by reason of an order in effect under sections 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 ( 15 USC 791 to 798 ) over the emissions from such sources before the effective date of such an order.(b) Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act ( 16 USC 791 a to 828c ) over the emissions from such sources before the effective date of the plan.(c) Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities of new or modified sources.(d) The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration.(e) Concentrations attributable to the temporary increase in emissions of sulfur dioxide, nitrogen dioxide or particulate matter from stationary sources which are affected by plan revisions approved by the administrator as meeting the criteria specified in sub. (4).(2) No sources which have concentrations which are excluded from increment consumption under sub. (1) (a) and (b) may any longer have those concentrations excluded 5 years after the effective date of the order to which sub. (1) (a) refers or the plan to which sub. (1) (b) refers, whichever is applicable. If both such order and plan are applicable, no such exclusion may apply more than 5 years after the later of such effective dates.(4) For purposes of excluding concentrations pursuant to sub. (1) (e), the administrator may approve a plan revision that: (a) Specifies the time over which the temporary emissions increase of sulfur dioxide, nitrogen dioxide or particulate matter would occur. Such time is not to exceed 2 years in duration unless a longer time is approved by the administrator.(b) Specifies that the time period for excluding certain contributions in accordance with par. (a) is not renewable.(c) Allows no emissions increase from a stationary source which would do either of the following: 1. Impact a Class I area or an area where an applicable increment is known to be violated.2. Cause or contribute to the violation of a national ambient air quality standard.(d) Requires limitations to be in effect at the end of the time period specified in accordance with par. (a) which would insure that the emissions levels from stationary sources affected by the plan revision would not exceed those levels occurring from such sources before the plan revision was approved.Wis. Admin. Code Department of Natural Resources § NR 405.04
Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. (1) (e), (2), (3) and (4) (a), Register, May,1992, No. 437, eff. 6-1-92; am. (1) (a) and (e), (4) (intro.) and (a), r. (3), Register, December, 1995, No. 480, eff. 1-1-96; am. (1) (intro.), (a), (b), (4) (c) (intro.), Register, December, 1996, No. 492, eff. 1-1-97.