Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 406 - Construction Permits › Section NR 406.17 - Registration construction permits

Current through June 24, 2024
(1) Issuance of
			registration construction permits.
(a) The
			department may issue registration permits for the construction, reconstruction,
			replacement, relocation or modification of stationary sources with low actual
			or potential emissions in accordance with s.
			285.60(2g),
			Stats.
Note:
A registration 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 registration operation permit and the project meets the criteria in s.
			  NR 407.105(5)
			  (a).
(b) When proposing to issue a registration
			construction permit, the department shall prepare an air quality analysis and a
			preliminary determination on the approvability of the proposed registration
			construction permit. The department shall use the applicable procedures in s.
			285.61,
			Stats., to issue a registration construction permit. The department may issue
			the registration 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 stationary source may be covered by a
			registration construction permit.
Note:
The statutes cited above require that when
			  issuing a registration construction permit, the department distribute a notice
			  of the availability of the proposed registration 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.
(c) The registration
			construction permit shall contain applicability criteria, emission caps and
			limitations, monitoring and recordkeeping requirements, reporting requirements,
			compliance demonstration methods and general conditions. 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 registration 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 registration
			  construction permit, or issue a different one, to include nonattainment area
			  specific applicability criteria.