Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 407 - Operation Permits › Section NR 407.10 - General operation permits

Current through June 24, 2024
(1) ISSUANCE OF
			GENERAL OPERATION PERMITS.
(a) The department
			may issue general permits for the operation of stationary sources in accordance
			with s.
			285.60(3),
			Stats.
Note:
No construction permit is 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
			operation 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
			operation permit, the department shall prepare an air quality analysis and a
			preliminary determination on the approvability of the proposed general
			operation permit. The department shall use the applicable procedures in s.
			285.62,
			Stats., to issue the general operation permit. The department may issue the
			general operation permit if the applicable criteria in ss.
			285.63
			and
			285.64,
			Stats., are met. The procedural requirements in s.
			285.62(2)
			to (5), Stats., do not apply to the
			determination of whether an individual source is covered by a general operation
			permit for a source category. Coverage of a part 70 source under a general
			operation permit is not an appealable decision under s.
			227.42,
			227.52,
			227.53
			or
			285.81,
			Stats.
Note:
The statutes cited above require that when
			  issuing a general operation permit, the department distribute a notice of the
			  availability of the proposed general operation 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 operation permit shall
			contain applicability criteria, emission limits, monitoring and recordkeeping
			requirements, reporting requirements, compliance demonstration methods and
			general conditions applicable to the stationary source category. The permit
			terms and conditions shall be 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 operation 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 operation permit, or issue a
			  different one, to include nonattainment area specific applicability
			  criteria.
(e) The term of a
			general operation permit issued to a part 70 source category, or granted to an
			individual part 70 source, may not exceed 5 years. General operation permits
			issued to a non-part 70 source category, or granted to an individual non-part
			70 source, shall only expire if an expiration date is requested by the source
			owner or operator or the department finds that expiring coverage would
			significantly improve the likelihood of continuing compliance with applicable
			requirements, compared to coverage that does not expire.