Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 407 - Operation Permits › Section NR 407.105 - Registration operation permits

Current through June 24, 2024
(1) Issuance of
			registration operation permits.
(a) The
			department may issue a registration permit for the operation of an entire
			facility that has or will have low actual or potential emissions in accordance
			with s.
			285.60(2g),
			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
			  registration operation permit and the project meets the criteria in s. NR
			  407.105(5) (a).
(b) When
			proposing to issue a registration operation permit, the department shall
			prepare an air quality analysis and a preliminary determination on the
			approvability of the proposed registration operation permit. The department
			shall use the applicable procedures of s.
			285.62,
			Stats., to issue the registration operation permit. The department may issue
			the registration operation permit if the applicable criteria in ss.
			285.63
			and
			285.64,
			Stats., are met. The procedural requirements of s.
			285.62(2)
			to (7), Stats., do not apply to the
			determination of whether an individual facility is covered by a registration
			operation permit.
Note:
The statutes cited above require that when
			  issuing the registration operation permit, the department distribute a notice
			  of the availability of the proposed 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.
(c) The registration operation permit shall
			contain applicability criteria, emission caps and limitations, monitoring and
			record-keeping requirements, reporting requirements, compliance demonstration
			methods and general conditions appropriate for determining compliance with the
			terms and conditions of the registration operation permit. 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 requirements 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 registration 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 registration operation permit, or issue a
			  different one, to include nonattainment area specific applicability
			  criteria.