Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 408 - Construction Permits For Direct Major Sources In Nonattainment Areas › Section NR 408.09 - Permit application review; public participation

Current through June 24, 2024
(1) The department
			shall notify all applicants within 20 days as to the completeness of the
			construction permit application or any deficiency in the application or
			information submitted. In the event of a deficiency, the date of receipt of the
			application shall be the date on which the department received all required
			information.
(2) Within 205
			business days after receipt of a complete application, the department shall:
(a) Make a preliminary determination as to
			whether construction should be approved, approved with conditions or
			disapproved.
(b) Make available in
			at least one location in each area in which the proposed source would be
			constructed a copy of all materials the applicant has submitted, a copy of the
			preliminary determination, and a copy or summary of other materials, if any,
			considered in making the preliminary determination.
(c) Notify the public, by advertisement in a
			newspaper of general circulation in each area in which the proposed source
			would be constructed, of the application, the preliminary determination, a
			description of the amount and location of emission reductions that will offset
			the emissions increase from the new source, or significant net emissions
			increase from the modification; the determination of lowest achievable emission
			rate; and the opportunity for comment at a public hearing as well as for
			written public comment.
(d) Send a
			copy of the notice of the opportunity for public comment to the applicant, the
			administrator of the U.S. environmental protection agency, region 5, and
			officials and agencies having jurisdiction over the location where the proposed
			construction would occur, including any other state or local air pollution
			control agencies, the chief executives of the city and county where the source
			would be located, any comprehensive regional land use planning agency, and any
			state, federal land manager or Indian governing body whose lands may be
			affected by emissions from the source or modification.
(e) Provide opportunity for a public hearing
			for interested persons to appear and submit written or oral comments on the air
			quality impact of the source, alternatives to it, the control technology
			required and other appropriate considerations.
(f) Consider all written comments submitted
			within a time specified in the notice of public comment and all comments
			received at any public hearings in making a final decision on the approvability
			of the application. The department shall make all comments available for public
			inspection in the same locations where the department earlier made available
			preconstruction information relating to the proposed source or
			modification.
(g) Make a final
			determination as to whether construction should be approved, approved with
			conditions or disapproved.
(h)
			Notify the applicant in writing of the final determination and make the
			notification available for public inspection at the same locations where the
			department earlier made available preconstruction information and public
			comments relating to the source.