NR 406.07(1)(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 404, the reporting requirements of ch. NR 438, or with any other provision of law.
NR 406.07(2) (2)If a source undergoes a modification which is exempt from the requirement to obtain a construction permit under s. NR 406.04 (4), it will not be treated as a modified source for purposes of the emission limitations under chs. NR 400 to 499.
NR 406.07(3) (3)A source that undergoes a modification which is exempt from the requirement to obtain a construction permit under s. NR 406.04 (1f) or (1k) shall be treated as a new or modified source for the purposes of the emission limitations under chs. NR 400 to 499 unless the modification is excluded from being considered a modification under s. NR 406.04 (4).
NR 406.07 History History: Renum. from NR 406.04 (7) (a) and (b), Register, April, 1988, No. 388, eff. 5-1-88; am. (2), Register, September, 1988, No. 393, eff. 10-1-88; emerg. am. (2), eff. 11-15-92; am., Register, May, 1993, No. 449, eff. 6-1-93; CR 06-019: cr. (3) Register June 2007 No. 618, eff. 7-1-07.
NR 406.075 NR 406.075 Federally enforceable requirements.
NR 406.075(1)(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 113 of the Act (42 USC 7413).
NR 406.075(2) (2)Notwithstanding sub. (1), the department shall specifically designate as not federally enforceable any terms and conditions included in the permit that are not required under the Act, under any of the federal regulations implementing the Act or under the state implementation plan.
NR 406.075 History History: CR 04-106: cr. Register November 2005 No. 599, eff. 12-1-05.
NR 406.08 NR 406.08 Action on permit applications.
NR 406.08(1)(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, replacement, relocation, or modification prior to issuance of a construction permit. This section does not apply to construction permits which are subject to the notice, comment, and hearing provisions of s. 293.43, 295.45, or 295.57, Stats.
NR 406.08(2)(a)(a) The department shall make a determination under s. 285.61 (8), Stats., on a permit application within 205 business days of receipt of a complete application for construction or modification of a major stationary source as defined in s. NR 405.02 (22) or a major source as defined in s. NR 408.02 (21), unless compliance with s. 1.11, Stats., requires a longer time. For a major source that is located in an attainment area, the department shall complete its responsibilities under s. 1.11, Stats., within one year.
NR 406.08(2)(b) (b) The department shall make a determination under s. 285.61 (8), Stats., on a permit application within 145 business days of receipt of a complete application for construction or modification of any stationary source not described in par. (a), unless compliance with s. 1.11, Stats., requires a longer time.
NR 406.08(3) (3)If the department does not make a determination within the applicable time period specified in sub. (2), the department may not impose an application fee for the permit under s. NR 410.03, and shall refund any application fee submitted with the application.
NR 406.08(4)(a)(a) The Forest County Potawatomi Community shall have the opportunity to review best available control technology (BACT) or maximum achievable control technology (MACT) determinations made by the department for any new or modified source that is either of the following:
NR 406.08(4)(a)1. 1. Wholly or partially locating or located within a radius of 22.25 miles from the geographic center of the FCPC Class I area, as identified in s. NR 400.02 (66m).
NR 406.08(4)(a)2. 2. Wholly or partially locating or located within 62 miles of the FCPC Class I area, and has a modeled impact exceeding 1 microgram per cubic meter averaged over any 24-hour period for mercury or for any regulated pollutant that has an ambient air quality standard in s. NR 404.04.
NR 406.08(4)(b) (b) Disagreements between the department and the Forest County Potawatomi Community regarding BACT or MACT determinations are subject to dispute resolution but the department shall act on a permit application according to time period requirements under ss. 285.61 and 285.62, Stats.
NR 406.08 Note Note: The geographic center of the FCPC Class I area, as identified in s. NR 400.02 (66m), was determined by finding the center of a rectangle placed around the outer most portions of the Class I area. The 22.25-mile radius was determined by adding 10 miles to the distance of the outermost portion of the FCPC Class I area from the geographic center of the FCPC Class I area.
NR 406.08 Note The Department has determined that any source wholly located outside of a circle with a radius of 74.25 miles from the geographic center of the FCPC Class I area is not within 62 miles of the FCPC Class I area. The 74.25-mile radius was determined by adding 62 miles to the distance of the outermost portion of the FCPC Class I area from the geographic center of the FCPC Class I area. It is the Department's intent that this circle be used as a screening tool for determining applicability of this subsection, and evidence that a source is wholly outside of this circle will be accepted as proof that the source is not within 62 miles of the FCPC Class I area.
NR 406.08 Note The relationship between the State of Wisconsin and the Forest County Potawatomi Community with regard to the FCPC Class I area is established in a 1999 Class I Final Agreement. Dispute resolution follows a process agreed to by the Department and the Forest County Potawatomi Community pursuant to the Final Agreement.
NR 406.08 Note The Final Agreement and a map showing the approximate 22.25-mile and 74.25-mile radii are available from the Department upon request, or may be found on the Department's web site.
NR 406.08 History History: Cr. Register, September, 1986, No. 369, eff. 10-1-86; emerg. renum. from NR 408.025, eff. 11-15-92; renum. from NR 408.025, Register, May, 1993, No. 449, eff. 6-1-93; r. and recr., Register, August, 2000, No. 536, eff. 9-1-00; CR 10-048: cr. (4) Register November 2010 No. 659, eff. 12-1-10; CR 13-057: am. (1) Register July 2015 No. 715, eff. 8-1-15; CR 15-005: am. (1) Register November 2015 No. 719, eff. 12-1-15.
NR 406.09 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 analysis is carried out.
NR 406.09 History History: Renum. from NR 154.05 (8) and am. Register, September, 1986, No. 369, eff. 10-1-86; emerg. renum. from NR 408.03, eff. 11-15-92; renum. from NR 408.03, Register, May, 1993, No. 449, eff. 6-1-93.
NR 406.10 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 department under s. 285.65, Stats.; any owner or operator who modifies a stationary source in violation of conditions imposed by the department under s. 285.65, Stats.; or any owner or operator who commences construction, reconstruction, replacement, relocation, or modification of a stationary source without applying for and receiving a permit as required under this chapter or ch. NR 405 or 408 shall be considered in violation of s. 285.60, Stats.
NR 406.10 History History: Renum. from s. NR 154.05 (1) and am. Register, September, 1986, No. 369, eff. 10-1-86; emerg. renum. from NR 408.04 and am., eff. 11-15-92; renum. from NR 408.04 and am., Register, May, 1993, No. 449, eff. 6-1-93; CR 15-005: am. Register November 2015 No. 719, eff. 12-1-15.
NR 406.11 NR 406.11 Construction permit revision, suspension and revocation.
NR 406.11(1)(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 withdraw a source from coverage under a construction permit, part of that permit, or the conditions of that permit. Permit revision, suspension, withdrawal from coverage, or revocation may occur for any of the following reasons:
NR 406.11(1)(a) (a) Violation. A significant or recurring violation of any condition of the permit which causes or exacerbates a violation of any ambient air quality standard or ambient air increment or which causes air pollution.
NR 406.11(1)(b) (b) Misrepresentation or deliberate failure to disclose. Any misrepresentation or a deliberate failure to disclose fully all relevant, significant facts when obtaining the permit.
NR 406.11(1)(c) (c) Department determination. A determination by the department that the permit must be revised or coverage withdrawn to assure compliance with the applicable requirements.
NR 406.11(1)(d) (d) Request. A request by the permit holder to revise, suspend or revoke the permit.
NR 406.11(1)(e) (e) Failure to pay fees. An intentional failure by the permit holder to pay in full the fees required under ch. NR 410, except the department may not suspend or revoke the permit for failure to pay fees while those fees are being disputed under s. NR 410.04 (6).
NR 406.11(1)(f) (f) Failure to file annual emission inventory reports. An intentional failure by the permit holder to file annual emission inventory reports required under ch. NR 438.
NR 406.11(1)(g) (g) Cause or exacerbate.
NR 406.11(1)(g)1.1. A determination by the department that the emissions unit or units covered under a general or registration construction permit cause or exacerbate, or may cause or exacerbate, a violation of any ambient air quality standard or ambient air increment. The determination shall be made through an air quality assessment using the following procedures, as appropriate, which may be conducted after the determination that the source was covered under the general or registration construction permit.
NR 406.11(1)(g)1.a. a. For general construction permits, the department shall use criteria, methodologies or modeling consistent with criteria, methodologies or modeling used for any air quality analysis conducted under s. NR 406.16 (1) (c).
NR 406.11(1)(g)1.b. b. For registration construction permits, the department shall use either an air dispersion model using maximum actual emissions on an annual or hourly basis or criteria, methodologies or modeling consistent with criteria, methodologies or modeling used for any air quality analysis conducted under s. NR 406.17 (1) (b).
NR 406.11(1)(g)2. 2. Notwithstanding a determination made under subd. 1., the owner or operator will be deemed to be in compliance with the requirement to obtain a construction permit until the department takes final action on a subsequent application for a construction permit, if the application is submitted to the department by the owner or operator within 30 days after the department notifies the owner or operator of its determination under this paragraph and the owner or operator is in compliance with the otherwise applicable general or registration construction permit from the time the determination is made under subd. 1. until the department takes final action under this subdivision.
NR 406.11(1)(h) (h) Source shutdowns. A permanent shutdown of operations of a stationary source so that it no longer requires a permit. Upon confirmation obtained by the department that a source has been permanently shut down or at the request of the source permit holder, the department may revoke a permit or withdraw a source from coverage under a permit without providing a 21 day written notice as otherwise required under this subsection.
NR 406.11(1m) (1m)The department may reopen or revise a construction permit to reflect a decrease in a plant-wide applicability limit pursuant to s. NR 405.18 (8) (b) or 408.11 (8) (b), using the procedures in s. NR 405.18 (5) or 408.11 (5), respectively.
NR 406.11(2) (2)Any revised permit may be issued only if it meets the criteria in s. 285.63, Stats.
NR 406.11(3) (3)After providing 14 days written notice to the permit holder and to the persons listed under s. 285.61 (5) (a) 2. to 5., Stats., the department may revise or revoke an individual construction permit if requested by the permit holder in order to be eligible for a general construction or operation permit or a registration construction or operation permit.
NR 406.11 History History: Cr. Register, December, 1993, No. 456, eff. 1-1-94; am. (1) (f), Register, June, 1995, No. 474, eff. 7-1-95; am. (1) (intro.), Register, December, 1996, No. 492, eff. 1-1-97; CR 04-107: am. (1) (intro.) and (c), cr. (1) (g) and (3) Register August 2005 No. 596, eff. 9-1-05; CR 06-019: cr. (1m) Register June 2007 No. 618, eff. 7-1-07; CR 15-005: am. (1) (intro.), cr. (1) (h) Register November 2015 No. 719, eff. 12-1-15.
NR 406.12 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 for up to 18 additional months on written request upon satisfactory showing that an extension is justified unless the permit specifies otherwise.
NR 406.12 History History: Renum. from NR 154.05 (12), (13) and (14) and am. Register, September, 1986, No. 369, eff. 10-1-86; renum. (1) and am., r. (2) and (3), Register, May, 1992, No. 437, eff. 6-1-92; emerg. renum. from NR 408.05 and am., eff. 11-15-92; renum. from NR 408.05 and am., Register, May, 1993, No. 449, eff. 6-1-93; renum. from NR 406.11, Register, December, 1993, No. 456, eff. 1-1-94.
NR 406.13 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 regulations which are part of the state implementation plan.
NR 406.13 History History: Renum. from NR 154.05 (15), Register, September, 1986, No. 369, eff. 10-1-86; am. Register, May, 1992, No. 437, eff. 6-1-92; emerg. renum. from NR 408.06, eff. 11-15-92; renum. from NR 408.06, Register, May, 1993, No. 449, eff. 6-1-93; renum. from NR 406.12, Register, December, 1993, No. 456, eff. 1-1-94.
NR 406.15 NR 406.15 Relocation of portable sources.
NR 406.15(1)(1)Applicability. This section applies to all portable sources of air contaminants which are required under s. 285.60, Stats., to have a construction permit and to notify the department prior to relocation.
NR 406.15(2) (2)Permit requirement. No person may cause, allow or permit the relocation of a portable source to a new site without first obtaining a construction permit unless the portable source is exempt from the requirement to obtain a permit under s. NR 406.04, the portable source is an approved relocated source under s. 285.60 (5), Stats., or the portable source is exempt from the requirement to obtain an additional permit under sub. (3).
NR 406.15(3) (3)Relocation into and within ozone nonattainment areas. Notwithstanding s. 285.60 (5) (a) 1., Stats., and pursuant to s. 285.60 (6), Stats., a portable source may relocate into or within a nonattainment area for ozone without obtaining an additional permit if all of the following requirements are met:
NR 406.15(3)(a) (a) The source's potential to emit is less than the major source thresholds for both VOCs and NOx contained in s. NR 408.02 (21).
NR 406.15(3)(b) (b) The source has an operation permit under s. 285.60, Stats., prior to relocation.
NR 406.15(3)(c) (c) The owner or operator of the source provides written notice to the department at least 20 days prior to relocation and the department does not object to the relocation.
NR 406.15(3)(d) (d) The source in its new location will meet all applicable emission limitations and any visibility requirements in chs. NR 401 to 499.
NR 406.15(3)(e) (e) The source is not an affected source.
NR 406.15 History History: Renum. (1) from NR 409.01 (1) and am., (2) from NR 409.025 and am., (3) from NR 409.03, Register, April, 1995, No. 472, eff. 5-1-95; CR 07-040: am. (3) (a) Register April 2008 No. 628, eff. 5-1-08.
NR 406.16 NR 406.16 General construction permits.
NR 406.16(1)(1)Issuance of general construction permits.
NR 406.16(1)(a) (a) The department may issue general permits for the construction, reconstruction, replacement, relocation or modification of stationary sources in accordance with s. 285.60 (3), Stats.
NR 406.16 Note Note: A general construction permit is not required prior to commencing construction, reconstruction, replacement, relocation or modification of a stationary source if the source is covered under a general operation permit and the project meets the criteria in s. NR 407.10 (4) (a).
NR 406.16(1)(b) (b) A general construction permit may be issued for a source category if the sources in the category meet all of the following criteria:
NR 406.16(1)(b)1. 1. Perform the same or similar operations.
NR 406.16(1)(b)2. 2. Emit the same class of air contaminants.
NR 406.16 Note Note: An example of “the same class of air contaminants" is volatile organic compounds.
NR 406.16(1)(b)3. 3. Employ the same or similar capture and control systems, if applicable.
NR 406.16(1)(b)4. 4. Are subject to the same or similar emission limitations and other state and federal requirements that are applicable to the sources in the category.
NR 406.16 Note Note: An example of “similar emission limitations" is emission limitations for the same air contaminant but that differ based on the size of the source, its location, or its date of construction.
NR 406.16(1)(c) (c) When proposing to issue a general construction permit, the department shall prepare an air quality analysis and a preliminary determination on the approvability of the proposed general construction permit. The department shall use the applicable procedures in s. 285.61, Stats., to issue a general construction permit. The department may issue the general construction permit if the applicable criteria in s. 285.63, Stats., are met. The procedural requirements in s. 285.61 (2) to (8), Stats., do not apply to the determination of whether an individual source is covered by a general construction permit for a source category.
NR 406.16 Note Note: The statutes cited above require that when issuing a general construction permit, the department distribute a notice of the availability of the proposed general construction permit and of the department's analysis and preliminary determination, a notice of the opportunity for public comment and a notice of the opportunity to request a public hearing. There will be a 30-day public comment period and the department may hold a public hearing within 60 days after the deadline for requesting one.
NR 406.16(1)(d) (d) The general construction permit shall contain applicability criteria, emission limits, monitoring and recordkeeping requirements, reporting requirements, compliance demonstration methods and general conditions appropriate for the stationary source category. The permit terms and conditions shall include those required to comply with the Act and those required to assure compliance with applicable provisions in ch. 285, Stats., and chs. NR 400 to 499. Notwithstanding the requirement in s. NR 424.03 (2) (c) to determine the latest available control techniques and operating practices demonstrating best current technology (LACT) for a specific process line, the department may include conditions in the general construction permit that represent LACT, if the requirements of s. NR 424.03 (2) (a) or (b) are determined to be technologically infeasible.
NR 406.16 Note Note: If an area is designated nonattainment for particulate matter, PM10, sulfur dioxide, nitrogen oxides, carbon monoxide or lead, the department may revise the general construction permit, or issue a different one, to include nonattainment area specific applicability criteria.
NR 406.16(2) (2)Sources ineligible for coverage under a general construction permit. Notwithstanding the existence of a general construction permit for a stationary source category, the stationary source may not be covered by the general construction permit if any of the following criteria apply to the emissions unit or units for which coverage is sought:
NR 406.16(2)(a) (a) The emissions unit or units are an affected source under ch. NR 409, a municipal solid waste combustion source under s. NR 500.03 (86) or an infectious waste combustion source.
NR 406.16(2)(b) (b) The proposed project would result in one or more new or existing emissions units at the facility being required to obtain a permit under ch. NR 405 or 408.
NR 406.16 Note Note: An example is the addition of an emissions unit at a PSD or nonattainment area major source that is considered a major modification to that source. Another example is a project that results in an emissions unit either upstream or downstream from the project increasing its emissions such that it would be required to obtain a permit under ch. NR 405 or 408.
NR 406.16(2)(c) (c) The emissions unit or units cause or exacerbate, or may cause or exacerbate, a violation of any ambient air quality standard or ambient air increment, as determined by the department through an air quality assessment conducted in accordance with s. NR 406.11 (1) (g).
NR 406.16(3) (3)Procedure for determining coverage under a general construction permit for an individual source.
NR 406.16(3)(a)(a) An owner or operator of a stationary source who applies for coverage under a general construction permit shall submit an application using department approved permit application forms.
NR 406.16 Note Note: Contact the regional offices or service centers of the department or the Permits and Stationary Source Modeling Section of the Bureau of Air Management, 608-266-7718, for information on how to obtain and submit the department approved general permit application forms.
NR 406.16(3)(b) (b) An owner or operator of a stationary source who requests or requires emission limits, terms or conditions other than, or in addition to, those contained in the general construction permit shall apply for a different type of permit.
NR 406.16(3)(c) (c) Within 15 days after the receipt of an application for coverage under a general construction permit, the department shall provide one of the following to an applicant:
NR 406.16(3)(c)1. 1. Written notice of the department's determination that the source is covered under the general construction permit.
NR 406.16(3)(c)2. 2. A written description of any information that is missing from the application for coverage under the general construction permit.
NR 406.16(3)(c)3. 3. Written notice of the department's determination that the source does not qualify for coverage under the general construction permit, specifically describing the reasons for that determination.
NR 406.16(3)(d) (d) The department shall grant coverage under the general construction permit if the owner or operator of the source applies for coverage and meets the eligibility requirements of the general construction permit, unless the source is ineligible under sub. (2).
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.