Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 406 - Construction Permits › Section NR 406.16 - General construction permits

Current through June 24, 2024
(1) ISSUANCE OF
			GENERAL CONSTRUCTION PERMITS.
(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.
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).
(b) A general construction permit may be
			issued for a source category if the sources in the category meet all of the
			following criteria:
1. Perform the same or
			similar operations.
2. Emit the
			same class of air contaminants.
Note:
An example of "the same class of air
			  contaminants" is volatile organic compounds .
3. Employ the same or similar capture and
			control systems, if applicable.
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.
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.
(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.
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.
(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.
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.