Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 406 - Construction Permits › Section NR 406.11 - Construction permit revision, suspension and revocation

Current through June 24, 2024
(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:
(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.
(b)
Misrepresentation or deliberate
			failure to disclose.
Any misrepresentation or a deliberate failure to
			disclose fully all relevant, significant facts when obtaining the
			permit.
(c)
Department
			determination.
A determination by the department that the permit must
			be revised or coverage withdrawn to assure compliance with the applicable
			requirements.
(d)
Request.
A request by the permit holder to revise, suspend or
			revoke the permit.
(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).
(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.
(g)
Cause or exacerbate.
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.
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).
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).
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.
(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.