Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 407 - Operation Permits › Section NR 407.05 - Applications and forms

Current through June 24, 2024
(1) Applications for operation permits and
			renewals of operation permits shall be made on forms supplied by the department
			for these purposes and supplemented with other materials as indicated on the
			forms. The forms may be supplied by the department in an electronic format,
			such as on a computer disk, or on line, if so requested by the applicant.
Note:
Application forms may be obtained from the
			  Department Regional Headquarters or Service Center offices or from the
			  Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box
			  7921, Madison WI 53707-7921, Attention: operation permits. The internet web
			  address is:
http://dnr.wi.gov/topic/AirPermits/Forms.html
.
(2) Application materials may be submitted on
			paper or in an electronic format. The applicant shall submit all forms and
			other required materials, as indicated on the forms. When electing to submit
			materials on paper, the applicant shall submit the materials to the Wisconsin
			Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison
			WI 53707-7921, Attention: Operation permits.
(3) The application forms shall be signed by
			a responsible official of the stationary source designated by the source for
			this purpose. In the case of an electronic format application, a form supplied
			with the electronic format shall be signed in accordance with this subsection
			and returned to the department with the electronic format
			application.
(4) The application
			shall contain all of the information required for the issuance of an operation
			permit. Except as provided in subs. (5) and (8), it shall include the following
			elements:
(a) Identifying information,
			including company name and address, and plant name and address if different
			from the company name or address, owner's name and agent, and operator if
			different from the owner, and names and telephone numbers of the plant manager
			and contact person.
(b) A
			description of the source's processes and products, by standard industrial
			classification code as described in the Standard Industrial Classification
			Manual, 1987, incorporated by reference in s.
			NR
			484.05, including any processes and products
			associated with each alternate operating scenario identified by the
			source.
(c) The following
			emissions-related information:
1. The maximum
			theoretical emissions of all air contaminants from all emissions units,
			operations, and activities except for those exempted under subd. 9. or 10.
			Fugitive emissions from emissions units, operations, and activities shall be
			included in the permit application in the same manner as stack emissions,
			regardless of whether the source category in question is included in the list
			of sources contained in the definition of major source. Maximum theoretical
			fugitive emissions shall be calculated using average operating conditions and
			average weather conditions. Only sources that manufacture or treat pesticides,
			rodenticides, insecticides, herbicides, fungicides, or pharmaceuticals shall
			include emissions of air contaminants identified as falling within the
			categories in Table 3 in permit applications. When preparing an application,
			the owner or operator of a facility may rely on information in an approved
			material safety data sheet. Trace contaminants need not be reported if they
			constitute less than 1% (10,000 parts per million) of the material, or 0.1%
			(1,000 parts per million) of the material if the air contaminant is listed with
			a control requirement in column (i) of Table A, B or C of s.
			NR
			445.07, unless a hazardous air contaminant is formed
			in processing the material.
2.
			Identification and description of all emissions points in sufficient detail to
			determine the applicable requirements to be included in an operation
			permit.
3. Emission rates in tons
			per year and in terms necessary to demonstrate compliance with emission
			limitations consistent with the applicable reference test method.
4. The following information to the extent
			that it is needed to determine or regulate emissions: types and amounts of
			fuels used, types and amounts of raw materials used, production rates and
			operating schedules.
5.
			Identification and description of air pollution control equipment and
			compliance monitoring devices or activities.
6. Limitations on source operations and any
			applicable work practice standards which affect emissions of any air
			contaminants.
7. Other information
			necessary to determine any applicable requirement.
8. The calculations on which the information
			contained in subds. 1. to 7. is based.
9. The emissions units, operations and
			activities in subd. 9. a. to o. shall be listed in the application but are
			exempt from being further included in any application required under this
			chapter:
a. Any emissions unit, operation, or
			activity that has, for each air contaminant, maximum theoretical emissions that
			are less than the level specified in Table 3. Multiple emissions units,
			operations, and activities that perform identical or similar functions shall be
			combined in determining the applicability of the exemption under this subd. 9.
			a.
b. If the maximum theoretical
			emissions of any air contaminants listed in Table 3 from all emission units,
			operations, or activities at a facility are less than 5 times the level
			specified in Table 3 for those air contaminants, any emissions unit, operation,
			or activity that emits only those air contaminants.
c. Maintenance of grounds, equipment and
			buildings, including lawn care, pest control, grinding, cutting, welding,
			painting, woodworking, general repairs and cleaning, but not including use of
			organic compounds as clean-up solvents.
d. Boiler, turbine, generator, heating and
			air conditioning maintenance.
e.
			Pollution control equipment maintenance.
f. Internal combustion engines used for
			warehousing and material transport, forklifts and courier vehicles, front end
			loaders, graders and trucks, carts and maintenance trucks.
g. Fire control equipment.
h. Janitorial activities.
i. Office activities.
j. Convenience water heating.
k. Convenience space heating units with heat
			input capacity of less than 5 million Btu per hour that burn gaseous fuels,
			liquid fuels or wood.
l. Fuel oil
			storage tanks with a capacity of 10,000 gallons or less.
m. Stockpiled contaminated soils.
n. Demineralization and oxygen scavenging of
			water for boilers.
o. Purging of
			natural gas lines.
10.
			For any emissions unit, operation, or activity that is included in the
			application, the applicant does not need to include information on any air
			contaminant if the maximum theoretical emissions of the air contaminant are
			less than the level for that air contaminant listed in Table 3 or if the
			maximum theoretical emissions of any air contaminant listed in Table 3 from all
			emission units, operations, or activities at a facility are less than 5 times
			the level specified in Table 3 for that air contaminant. Multiple emissions
			units, operations, and activities that perform identical or similar functions
			shall be combined in determining the applicability of this exemption.
(d) The following air pollution
			control requirements:
1. Citation and
			description of all applicable requirements.
2. Description of or reference to any
			applicable test method for determining compliance with each applicable
			requirement.
(e) Other
			specific information that may be necessary to implement and enforce other
			requirements of the Act or to determine the applicability of the
			requirements.
(f) An explanation of
			any proposed exemptions from otherwise applicable requirements.
(g) Additional information necessary to
			define alternate operating scenarios pursuant to s.
			NR
			407.09(2) (b), or to define permit
			terms and conditions implementing the permit flexibility provisions of s.
			NR 407.025 or
			internal offset provisions of s.
			NR
			425.05.
(h) A compliance plan that contains all of
			the following:
1. A description of the
			compliance status of the source with respect to all applicable
			requirements.
2. A description as
			follows:
a. For applicable requirements with
			which the source is in compliance, a statement that the source will continue to
			comply with the requirements.
b.
			For applicable requirements that will become effective during the permit term,
			a statement that the source will meet the requirements on a timely
			basis.
c. For requirements for
			which a stationary source is not proposed to be in compliance at the time of
			permit issuance, a narrative description of how the source will achieve
			compliance with the requirements.
3. A compliance schedule as follows:
a. For applicable requirements with which the
			source is in compliance, a statement that the source will continue to comply
			with the requirements.
b. For
			applicable requirements that will become effective during the permit term, a
			statement that the source will meet the requirements on a timely basis, unless
			a more detailed schedule is expressly required by the applicable
			requirement.
c. A compliance
			schedule for sources which are not proposed to be in compliance with all
			applicable requirements at the time of permit issuance. The schedule shall
			include a series of remedial measures, including an enforceable sequence of
			actions with milestones, leading to compliance with any applicable requirements
			for which the source will be in noncompliance at the time of permit issuance.
			This compliance schedule shall resemble and be at least as stringent as that
			contained in any judgment, judicial consent decree or stipulation or
			administrative order to which the source is subject.
4. A schedule for submission of progress
			reports, certified pursuant to par. (j), no less frequently than every 6 months
			for stationary sources which are not in compliance with all applicable
			requirements on the date of permit issuance.
5. For affected sources, the acid rain
			program compliance plan elements required under section 408 of the Act (
			42 USC
			7651g ) and s.
			NR
			409.09.
(i) Requirements for compliance
			certification, including the following:
1. A
			certification of the source's compliance status with all applicable
			requirements by a responsible official consistent with par. (j).
2. A description of the methods used for
			determining compliance, including a description of monitoring, recordkeeping
			and reporting requirements and test methods.
3. A schedule for submission of compliance
			certifications during the permit term, to be submitted no less frequently than
			annually, or more frequently if specified by the underlying applicable
			requirement or by the department.
4. A statement indicating the source's
			compliance status with any applicable enhanced monitoring and compliance
			certification requirements under section 114 (a) (3) of the Act (
			42 USC
			7414(a) (3)
			).
(j) Any application
			form, report or compliance certification submitted pursuant to this section
			shall require certification by a responsible official of the truth, accuracy
			and completeness of the submission. This certification and any other
			certification required under this chapter shall state that, based on
			information and belief formed after reasonable inquiry, the statements and
			information in the document are true, accurate and complete.