Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 407 - Operation Permits › Section NR 407.07 - Action on applications

Current through June 24, 2024
(1) The department shall follow the
			procedures in s.
			285.62,
			Stats., in acting on applications for operation permits and for renewals of
			operation permits. The requirements in s.
			285.62(6)
			(a) to (c), Stats., do not apply with respect
			to non-part 70 sources.
(2) For
			applications for existing sources received by January 1, 1995, the department
			shall issue or deny the operation permit within 30 months after receiving a
			complete application.
(3) For
			applications for new or modified sources for which a construction permit is
			required under s.
			285.60(1)
			(a), Stats., and ch. NR 406, the department
			shall:
(a) Conduct the review, notification
			and publication, public comment and public hearing processes under s.
			285.62(3)
			to (5), Stats., for the operation permit
			simultaneously with the similar processes under s.
			285.61(3)
			to (7), Stats., for the construction
			permit.
(b) Issue or deny the
			operation permit within 180 days after the application is considered to be
			complete or after the applicant submits to the department the results of all
			equipment testing and emission monitoring required under the construction
			permit, whichever is later.
(c)
1. Except as provided in subd. 3., for part
			70 sources, if, when comparing the permit conditions and emissions allowed
			under the construction permit to the permit conditions and emissions that would
			be allowed under the proposed operation permit prepared pursuant to s.
			285.62(6),
			Stats., there will be a change that would require treatment as a significant
			permit revision under s.
			NR 407.13,
			the department shall repeat the review, notification and publication, and
			public comment and public hearing processes under s.
			285.62(3),
			(4) and (5), Stats., with the new proposed
			conditions or higher levels of emissions prior to further processing of the
			permit.
2. For non-part 70 sources,
			if, when comparing the permit conditions and emissions allowed under the
			construction permit to the permit conditions and emissions that would be
			allowed under the operation permit, there will be a change that would require
			treatment as a significant permit revision under s.
			NR 407.13,
			the department shall repeat the review, notification and publication, public
			comment and public hearing processes under s.
			285.62(3),
			(4) and (5), Stats., with the new proposed
			conditions or higher levels of emissions prior to issuing the permit.
3. Notwithstanding subd. 1., for permits
			issued to part 70 sources prior to EPA approval of Wisconsin's operation permit
			program under section 502 (d) of the Act (
			42
			USC 7661 a(d) ), if, when comparing the
			permit conditions and emissions allowed under the construction permit to the
			permit conditions and emissions that would be allowed under the operation
			permit, there will be a change that would require treatment as a significant
			permit revision under s.
			NR 407.13,
			the department shall repeat the review, notification and publication, public
			comment and public hearing processes under s.
			285.62(3),
			(4) and (5), Stats., with the new proposed
			conditions or higher levels of emissions prior to issuing the permit.