285.60(5)
(5) Exemption from additional permit requirements for approved relocated sources. 285.60(5)(a)(a)
Approved relocated source. A source is an approved relocated source if all of the following requirements are met:
285.60(5)(a)1.
1. The source is to be relocated within an attainment area.
285.60(5)(a)2.
2. The source is a stationary source capable of being transported to a different location.
285.60(5)(a)3.
3. The source received an air pollution control permit for the relevant air contaminant prior to relocation.
285.60(5)(a)4.
4. 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.
285.60(5)(a)5.
5. The source in its new location meets all applicable emission limitations and any visibility requirements in the department's rules and does not violate an ambient air increment or ambient air quality standard.
285.60(5)(b)
(b)
Exempt from additional permits. Notwithstanding
subs. (1) and
(2), no additional permit is required if a source is an approved relocated source.
285.60(6)
(6) Exemption by rule. Notwithstanding the other provisions of this section the department may, by rule, exempt types of stationary sources from any requirement of this section if the potential emissions from the sources do not present a significant hazard to public health, safety or welfare or to the environment.
285.60(7)
(7) Compliance. A person who obtains a permit under this section shall comply with all terms and conditions of the permit.
285.60 Cross-reference
Cross Reference: See also chs.
NR 405,
406,
407,
408,
409, and
411, Wis. adm. code.
285.61
285.61
Construction permit application and review. 285.61(1)(1)
Applicant notice required. A person who is required to obtain or who seeks a construction permit shall apply to the department for a permit to construct, reconstruct, replace or modify the stationary source.
285.61(2)
(2) Plans, specifications and other information. Within 20 days after receipt of the application the department shall indicate the plans, specifications and any other information necessary to determine if the proposed construction, reconstruction, replacement or modification will meet the requirements of this chapter and
s. 299.15 and rules promulgated under this chapter and
s. 299.15.
285.61(3)
(3) Analysis. The department shall prepare an analysis regarding the effect of the proposed construction, reconstruction, replacement or modification on ambient air quality and a preliminary determination on the approvability of the construction permit application, within the following time periods after the receipt of the plans, specifications and other information:
285.61(3)(a)
(a)
Major source construction permits. For construction permits for major sources, within 120 days.
285.61(3)(b)
(b)
Minor source construction permits. For construction permits for minor sources, within 30 days.
285.61(4)
(4) Distribution and availability of analysis, preliminary determination and materials. 285.61(4)(a)(a)
Distribution and publicity. The department shall distribute and publicize the analysis and preliminary determination as soon as they are prepared.
285.61(4)(b)
(b)
Availability. The department shall make available for public inspection in each area where the stationary source would be constructed, reconstructed, replaced or modified the following:
285.61(4)(b)1.
1. A copy of materials submitted by the permit applicant;
285.61(4)(b)2.
2. A copy of the department's analysis and preliminary determination; and
285.61(4)(b)3.
3. A copy or summary of other materials, if any, considered by the department in making its preliminary determination.
285.61(5)
(5) Notice; announcement; newspaper notice. 285.61(5)(a)(a)
Distribution of notice required. The department shall distribute a notice of the proposed construction, reconstruction, replacement or modification, a notice 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 to:
285.61(5)(a)2.
2. Appropriate federal, local and state agencies including agencies in other states which may be affected.
285.61(5)(a)3.
3. Regional and county planning agencies located in the area which may be affected.
285.61(5)(a)4.
4. Public libraries located in or near the area which may be affected.
285.61(5)(b)
(b)
Announcement required. The department shall circulate an announcement sheet containing a brief description of the proposed construction, reconstruction, replacement or modification, a brief description of the administrative procedures to be followed, the date by which comments are to be submitted to the department and the location where the department's analysis and preliminary determination are available for review to:
285.61(5)(b)1.
1. Local and regional governments which have jurisdiction over the area that may be affected.
285.61(5)(b)2.
2. Local and regional news media in the area that may be affected.
285.61(5)(b)3.
3. Persons and groups who have demonstrated an interest and have requested this type of information.
285.61(5)(c)
(c)
Newspaper notice. The department shall publish a class 1 notice under
ch. 985 announcing the opportunity for written public comment and the opportunity to request a public hearing on the analysis and preliminary determination.
285.61(6)
(6) Public comment. The department shall receive public comments on the proposed construction, reconstruction, replacement or modification and on the analysis and preliminary determination for a 30-day period beginning when the department gives notice under
sub. (5) (c).
285.61(7)(a)(a)
Hearing permitted. The department may hold a public hearing on the construction permit application if requested by a person, any affected state or the U.S. environmental protection agency within 30 days after the department gives notice under
sub. (5) (c). A request for a public hearing shall indicate the interest of the party filing the request and the reasons why a hearing is warranted. The department shall hold the public hearing within 60 days after the deadline for requesting a hearing if it deems that there is a significant public interest in holding a hearing.
285.61(7)(b)
(b)
Procedure. The department shall promulgate by rule procedures for conducting public hearings under this subsection. Hearings under this subsection are not contested cases under
s. 227.01 (3).
285.61(8)
(8) Department determination; issuance. 285.61(8)(a)(a)
Criteria; considerations. The department may approve the construction permit application and issue a construction permit according to the criteria established under
s. 285.63 after consideration of the comments received under
subs. (6) and
(7) and after consideration of the environmental impact as required under
s. 1.11.
285.61(8)(b)
(b)
Time limits. The department shall act on a construction permit application within 60 days after the close of the public comment period or the public hearing, whichever is later, unless compliance with
s. 1.11 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 within one year.
285.61(9)
(9) Mining hearing. If a hearing on the construction permit is conducted as a part of a hearing under
s. 293.43, the notice, comment and hearing provisions in that section supersede the provisions of
subs. (4) to
(8).
285.61 History
History: 1979 c. 34,
221;
1985 a. 182 s.
57;
1991 a. 302.;
1995 a. 227 s.
486; Stats. 1995 s. 285.61.
285.61 Cross-reference
Cross Reference: See also ch.
NR 490, Wis. adm. code.
285.62
285.62
Operation permit; application, review and effect. 285.62(1)(1)
Applicant notice required. A person who is required to obtain an operation permit for a stationary source shall apply to the department for the permit on or before the operation permit application date specified under
sub. (11) (b). The department shall specify by rule the content of applications under this subsection. If required by the federal clean air act, the department shall provide a copy of the complete application to the federal environmental protection agency. The department may not accept an application submitted to the department before November 15, 1992, as an application under this subsection.
285.62(2)
(2) Plans, specifications and other information. Within 20 days after receipt of the application the department shall indicate any additional information required under
sub. (1) necessary to determine if the source, upon issuance of the permit, will meet the requirements of this chapter and
s. 299.15 and rules promulgated under this chapter and
s. 299.15.
285.62(3)(a)(a) The department shall review an application for an operation permit. Upon completion of that review, the department shall prepare a preliminary determination of whether it may approve the application and a public notice. The public notice shall include all of the following:
285.62(3)(a)2.
2. The department's preliminary determination of whether it may approve the application.
285.62(3)(a)3.
3. Notice of the opportunity for public comment and the date by which comments must be submitted to the department.
285.62(3)(a)4.
4. Notice of the opportunity to request a public hearing.
285.62(3)(a)5.
5. Any other information that the department determines is necessary to inform the public about the application.
285.62(3)(b)
(b) The department shall provide the notice prepared under
par. (a) to all of the following:
285.62(3)(b)2.
2. Any local air pollution control agency that has a program under
s. 285.73 that is approved by the department and that has jurisdiction over the area in which the stationary source is located.
285.62(3)(b)3.
3. Any regional planning agency, any county planning agency and any public library located in the area that may be affected by emissions from the stationary source.
285.62(3)(b)5.
5. Any city, village, town or county that has jurisdiction over the area in which the stationary source is located.
285.62(3)(b)6.
6. If required by the federal clean air act, the federal environmental protection agency.
285.62(3)(b)7.
7. If required by the federal clean air act, any state that is within 50 miles of the stationary source and any state that is contiguous to this state and whose air quality may be affected by emissions from the stationary source.
285.62(3)(c)
(c) The department shall publish the notice prepared under
par. (a) as a class 1 notice under
ch. 985 in a newspaper published in the area that may be affected by emissions from the stationary source.
285.62(4)
(4) Public comment. The department shall receive public comment on the application for a 30-day period beginning when the department gives notice under
sub. (3) (c).
285.62(5)(a)(a)
Hearing permitted. The department may hold a public hearing on an application for an operation permit for a stationary source if requested by any state that received notice under
sub. (3) (b) or any other person within 30 days after the department gives notice under
sub. (3) (c). A request for a public hearing shall indicate the interest of the party filing the request and the reasons why a hearing is warranted. The department shall hold the public hearing within 60 days after the deadline for requesting a hearing if it determines that there is a significant public interest in holding the hearing.
285.62(5)(b)
(b)
Procedure. The department shall promulgate by rule procedures for conducting public hearings under this subsection. Hearings under this subsection are not contested cases under
s. 227.01 (3).
285.62(6)
(6) Proposed permit; response to comments; environmental protection agency objection. 285.62(6)(a)(a) After considering any public comments concerning an application, the department may prepare a proposed operation permit or deny the application for an operation permit. If the criteria in
ss. 285.63 and
285.64 are met, the department shall prepare a proposed operation permit. If required by the federal clean air act, the department shall provide a copy of a proposed operation permit to the federal environmental protection agency. If a state has submitted recommendations in response to the notice under
sub. (3) (b) 7. and the department has not accepted those recommendations, the department shall notify that state and the federal environmental protection agency in writing of its decision not to accept the recommendations and the reasons for that decision.
285.62(6)(b)
(b) The federal environmental protection agency may object in writing to the issuance of an operation permit that it determines is not in compliance with the federal clean air act or an implementation plan prepared under
s. 285.11 (6). The department shall respond in writing to the objection if the federal environmental protection agency provides the reasons for the objection and submits the objection to the department and the applicant within 45 days after receiving either a copy of the proposed operation permit under
par. (a) or notice under
par. (a) of the department's decision not to accept the recommendations of another state.
285.62(6)(c)1.1. If the department receives an objection from the federal environmental protection agency under this subsection, the department may not issue the operation permit unless the department revises the proposed operation permit to satisfy the objection.
285.62(6)(c)2.
2. If the department has issued an operation permit before receiving an objection from the federal environmental protection agency that is based on a petition submitted under
42 USC 7661d (b)
2. and the federal environmental protection agency modifies, terminates or revokes the operation permit, the department shall issue an operation permit that is revised to satisfy the objection.
285.62(6)(d)
(d) The requirements under
pars. (a) to
(c) do not apply with respect to an application for an operation permit for a stationary source that is in a category that the department excludes, by rule, from those requirements because the source is not required to obtain a permit under the federal clean air act or that the federal environmental protection agency excludes from those requirements under
42 USC 7661d (d).
285.62(6)(e)
(e) This subsection does not apply before the federal environmental protection agency approves this state's air pollution control permit program under
42 USC 7661a (d) or (g).
285.62(7)
(7) Department determination; issuance. 285.62(7)(a)(a) The department shall approve or deny the operation permit application for an existing source. The department shall issue the operation permit for an existing source if the criteria established under
ss. 285.63 and
285.64 are met. The department shall issue an operation permit for an existing source or deny the application within 18 months after receiving a complete application, except that the department may, by rule, extend the 18-month period for specified existing sources by establishing a phased schedule for acting on applications received within one year after the effective date of the rule promulgated under
sub. (1) that specifies the content of applications for operation permits. The phased schedule may not extend the 18-month period for more than 3 years.
285.62(7)(b)
(b) The department shall approve or deny the operation permit application for a new source or modified source. The department shall issue the operation permit for a new source or modified source if the criteria established under
ss. 285.63 and
285.64 are met. The department shall issue an operation permit for a new source or modified source or deny the application within 180 days after the permit applicant submits to the department the results of all equipment testing and emission monitoring required under the construction permit.
285.62(7)(c)
(c) If required by the federal clean air act, the department shall provide a copy of an operation permit to the federal environmental protection agency.
285.62(8)
(8) Operation continued during application. If a person timely submits a complete application for a stationary source under
sub. (1) and submits any additional information requested by the department within the time set by the department, the stationary source may not be required to discontinue operation and the person may not be prosecuted for lack of an operation permit until the department acts under
sub. (7).
285.62(9)(a)(a) If the department fails to issue an operation permit or to deny the application within the period specified in
sub. (7) or in a rule promulgated under
sub. (7), that failure is considered a final decision on the application solely for the purpose of obtaining judicial review under
ss. 227.52 and
227.53 to require the department to act on the application without additional delay.
285.62(9)(b)
(b) Paragraph (a) does not apply if the department's failure to act is due to the applicant's failure to submit a complete application and any additional information requested by the department in a timely manner.
285.62(10)(a)(a) Except as provided in
par. (b), the issuance of an operation permit, including an operation permit that contains a compliance schedule, does not preclude enforcement actions based on violations of this chapter that occur before, on or after the date that the operation permit is issued. The inclusion of a compliance schedule in an operation permit does not preclude enforcement actions based on violations of this chapter to which the compliance schedule relates, whether or not the source is violating the compliance schedule.
285.62(10)(b)
(b) Unless precluded by the administrator of the federal environmental protection agency under
42 USC 7661c (f), compliance with all emission limitations included in an operation permit is considered to be compliance with all emission limitations established under this chapter and emission limitations under the federal clean air act that are applicable to the stationary source as of the date of issuance of the operation permit if the permit includes the applicable emission limitations or the department, in acting on the application for the operation permit, determines in writing that the emission limitations do not apply to the stationary source and the operation permit includes that determination.
