Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 407 - Operation Permits › Section NR 407.15 - Permit suspension, revocation and withdrawal from coverage

Current through June 24, 2024
After providing 21 days written notice to the owner or
			  operator of a non-part 70 source and to the persons listed in s.
			  285.62(3)
			  (b) 2 to 7., Stats., except as provided in
			  sub. (7), or after providing 30 days written notice to the owner or operator of
			  a part 70 source and to the persons listed in s.
			  285.62(3)
			  (b) 2 to 7., Stats., the department may
			  suspend, revoke, or withdraw a source from coverage under an operation permit,
			  part of that permit, or the conditions of that permit. Permit suspension,
			  revocation, or withdrawal from coverage may occur for any of the following
			  reasons:
(1) Violation. A significant
			or recurring violation of any condition of the permit which causes or
			exacerbates a violation of any ambient air quality standard or ambient air
			increment or which causes air pollution.
(2) Misrepresentation or deliberate failure
			to disclose. Any misrepresentation or deliberate failure to disclose fully all
			relevant, significant facts when obtaining the permit.
(3) Department determination. A determination
			by the department that the permit must be revoked or coverage withdrawn to
			assure compliance with the applicable requirements.
(4) Request. A request by the permittee to
			suspend or revoke the permit.
(5)
			Failure to pay fees. An intentional failure by the permittee to pay in full the
			fees required under ch. NR 410 or s.
			285.69, Stats., except the
			department may not suspend or revoke the permit for failure to pay fees while
			those fees are being disputed under s.
			NR
			410.04(6) or s.
			285.81,
			Stats.
(6) Failure to file annual
			emission inventory reports. An intentional failure by the permittee to file
			annual air emission inventory reports required under s.
			NR
			438.03.
(7) Source shutdowns. A permanent shutdown of
			operations of a stationary source so that it no longer needs a permit. For
			shutdown of a non-part 70 source, upon confirmation obtained by the department
			that a non-part 70 source has been permanently shut down or at the request of
			the source permit holder, the department may revoke a non-part 70 source
			operation permit without providing 21 days written notice as otherwise required
			under this section.
(8) Cause or
			exacerbate.
(a) A determination by the
			department that the emissions unit or units covered under a general or
			registration operation permit cause or exacerbate, or may cause or exacerbate,
			a violation of any ambient air quality standard or ambient air increment. The
			determination shall be made through an air quality assessment using the
			following procedures, as appropriate, which may be conducted after the
			determination that the source was covered under the general or registration
			operation permit.
1. For general operation
			permits, the department shall use criteria, methodologies or modeling
			consistent with criteria, methodologies or modeling used for any air quality
			analysis conducted under s.
			NR 407.10(1)
			(c).
2. For registration operation permits, the
			department shall use an air dispersion model using maximum actual emissions on
			an annual or hourly basis or criteria, methodologies or modeling consistent
			with criteria, methodologies or modeling used for any air quality analysis
			conducted under s.
			NR 407.105(1)
			(b).