reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 405 - Prevention Of Significant Deterioration › Section NR 405.07 - Review of major stationary sources and major modifications - source applicability and exemptions

Current through June 24, 2024
(1)No major stationary source or major
			modification may begin actual construction unless the requirements of ss.
			NR
			405.08 to
			405.16 have been met.
(2)The requirements of ss.
			NR
			405.08 to
			405.16 shall apply to any major
			stationary source and any major modification with respect to each air
			contaminant that it would emit, except as this chapter would otherwise
			allow.
(3)The requirements of ss.
			NR
			405.08 to
			405.11 apply only to any major
			stationary source or major modification that would be constructed in an area
			which is designated as attainment or unclassifiable under section 107 (a) (1)
			(D) or (E) of the Act (
			42 USC 7407(a)(1)(D)
			or (E) ).
(4)A major source or major modification is
			exempt from the requirements of ss.
			NR
			405.08 to
			405.16 if any of the following apply:
(a) The source or modification would be a
			major stationary source or major modification only if fugitive emissions, to
			the extent quantifiable, are considered in calculating the potential to emit of
			the stationary source or modification and such source does not belong to any of
			the following categories:
1. Coal cleaning
			plants (with thermal dryers).
2.
			Kraft pulp mills.
3. Portland
			cement plants.
4. Primary zinc
			smelters.
5. Iron and steel
			mills.
6. Primary aluminum ore
			reduction plants.
7. Primary copper
			smelters.
8. Municipal incinerators
			capable of charging more than 250 tons of refuse per day.
9. Hydrofluoric, sulfuric, or nitric acid
			plants.
10. Petroleum
			refineries.
11. Lime
			plants.
12. Phosphate rock
			processing plants.
13. Coke oven
			batteries.
14. Sulfur recovery
			plants.
15. Carbon black plants
			(furnace processes).
16. Primary
			lead smelters.
17. Fuel conversion
			plants.
18. Sintering
			plants.
19. Secondary metal
			production plants.
20. Chemical
			process plants. The chemical processing plants category does not include
			ethanol production facilities that produce ethanol by natural fermentation, as
			described by the 6-digit code of 312140 or 325193 in the North American
			Industry Classification System United States, 2007, incorporated by reference
			in s.
			NR
			484.05(17).
21. Fossil fuel boilers (or combination
			thereof) totaling more than 250 million British thermal units per hour heat
			input.
22. Petroleum storage and
			transfer units with a total storage capacity exceeding 300,000
			barrels.
23. Taconite ore
			processing plants.
24. Glass fiber
			processing plants.
25. Charcoal
			production plants.
26. Fossil fuel
			fired steam electric plants of more than 250 million British thermal units per
			hour heat input.
27. Any other
			stationary source category which, as of August 7, 1980, is being regulated
			under section 111 or 112 of the Act (
			42 USC
			7411 or
			7412
			).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 405 - Prevention Of Significant Deterioration › Section NR 405.08 - Control technology review

Current through June 24, 2024
(1) A major
			stationary source or major modification shall meet each applicable emissions
			limitation under chs.
			NR
			400 to
			499 and under sections 111 and 112
			of the Act (
			42 USC
			7411 and
			7412
			).
(2) A new major stationary
			source shall apply best available control technology for each air contaminant
			that it would have the potential to emit in significant amounts.
(3) A major modification shall apply best
			available control technology for each air contaminant for which it would be a
			significant net emissions increase at the source. This requirement applies to
			each proposed emissions unit at which a net emissions increase in the air
			contaminant would occur as a result of a physical change or change in the
			method of operation in the unit.
(4) For phased construction projects, the
			determination of best available control technology shall be reviewed and
			modified as appropriate at the latest reasonable time which occurs no later
			than 18 months prior to commencement of construction of each independent phase
			of the project. At such time, the owner or operator of the applicable
			stationary source may be required to demonstrate the adequacy of any previous
			determination of best available control technology for the source.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 405 - Prevention Of Significant Deterioration › Section NR 405.09 - Source impact analysis

Current through June 24, 2024
The owner or operator of the proposed major source or major
			  modification shall demonstrate that allowable emission increases from the
			  proposed major source or major modification, in conjunction with all other
			  applicable emissions increases or reduction, including secondary emissions,
			  would not cause or contribute to air pollution in violation of either of the
			  following:
(1) Any national ambient
			air quality standard in any air quality control region.
(2) Any applicable maximum allowable increase
			over the baseline concentration in any area.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 405 - Prevention Of Significant Deterioration › Section NR 405.10 - Air quality models

Current through June 24, 2024
(1) All estimates of ambient concentrations
			required under this chapter shall be based on the applicable air quality
			models, data bases, and other requirements specified in the Guideline on Air
			Quality Models (Revised) in Appendix W of , incorporated by reference in s.
			NR
			484.04.
(2) Where an air quality impact model
			specified in the Guideline on Air Quality Models in Appendix W of is
			inappropriate, the model may be modified or another model
			substituted.
(3) A substitution or
			modification of a model shall be subject to the public comment procedures set
			forth in s.
			NR
			405.15.
(4) Written approval of the administrator
			shall be obtained for any modification or substitution.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 405 - Prevention Of Significant Deterioration › Section NR 405.11 - Air quality analysis

Current through June 24, 2024
(1) PREAPPLICATION ANALYSIS.
(a) Any application for a permit under this
			chapter shall contain an analysis of ambient air quality in the area that the
			major stationary source or major modification would affect for each of the
			following air contaminants:
1. For the major
			source, each air contaminant that it would have the potential to emit in a
			significant amount.
2. For the
			major modification, each air contaminant for which it would result in a
			significant net emissions increase.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 405 - Prevention Of Significant Deterioration › Section NR 405.12 - Source information

Current through June 24, 2024
(1) The owner or operator of a proposed major
			source or major modification shall submit all information necessary to perform
			any analysis or make any determination required under procedures established in
			accordance with this chapter.
(2)
			Such information shall include:
(a) A
			description of the nature, location, design capacity, and typical operating
			schedule of the major source or major modification, including specifications
			and drawings showing its design and plant layout.
(b) A detailed schedule for construction of
			the major source or major modification.
(c) A detailed description as to what system
			of continuous emission reduction is planned by the major source or major
			modification, emission estimates, and any other information as necessary to
			determine that best available control technology as applicable would be
			applied.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 405 - Prevention Of Significant Deterioration › Section NR 405.13 - Additional impact analyses

Current through June 24, 2024
(1) The owner or
			operator shall provide an analysis of the impairment to visibility, soils, and
			vegetation that would occur as a result of the major source or major
			modification and general commercial, residential, industrial and other growth
			associated with the major source or major modification. The owner or operator
			need not provide an analysis of the impact on vegetation having no significant
			commercial or recreational value.
(2) The owner or operator shall provide an
			analysis of the air quality impact projected for the area as a result of
			general, commercial, residential, industrial and other growth associated with
			the major source or major modification.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 405 - Prevention Of Significant Deterioration › Section NR 405.15 - Public participation

Current through June 24, 2024
(1) The department shall notify all
			applicants within 20 days as to the completeness of the application or any
			deficiency in the application or information submitted. In the event of such 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 whether
			construction should be approved, approved with conditions, or
			disapproved.
(b) Make available in
			at least one location in each region in which the proposed source would be
			constructed a copy of all materials the applicant 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 region in which the proposed source
			would be constructed, of the application, the preliminary determination, the
			degree of increment consumption that is expected from the source or
			modification, and of the opportunity for comment at a public hearing, as well
			as written public comment.
(d) Send
			a copy of the notice of public comment to the applicant, the administrator and
			to officials and agencies having cognizance over the location where the
			proposed construction would occur as follows: 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 major source or major
			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 hearing 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 made available pre-construction information relating to the proposed
			major source or major modification.
(g) Make a final determination whether
			construction should be approved, approved with conditions, or
			disapproved.
(h) Notify the
			applicant in writing of the final determination and make such notification
			available for public inspection at the same location where the department made
			available pre-construction information and public comments relating to the
			source.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 405 - Prevention Of Significant Deterioration › Section NR 405.16 - Source obligation

Current through June 24, 2024
(1) Approval to construct does not relieve
			any owner or operator of the responsibility to comply fully with applicable
			provisions of the chs.
			NR
			400 to
			499 and any other requirements
			under local, state or federal law.
(2) At such time that a particular source or
			modification becomes a major stationary source or major modification solely by
			virtue of a relaxation in any enforceable limitation which was established
			after August 7, 1980, on the capacity of the source or modification otherwise
			to emit an air contaminant such as a restriction on hours of operation, then
			the requirements of ss.
			NR
			405.08 to 405.17 shall apply to the source or
			modification as though construction had not yet commenced on the major source
			or major modification.
(3) For a
			project involving existing emissions units at a major stationary source which
			does not have a PAL, in circumstances where the calculated difference between
			projected actual emissions using the method specified in s.
			NR
			405.02(25f) (b) 1. to 2., and
			baseline actual emissions does not exceed the level that is considered
			significant for the air contaminant, the owner or operator shall do the
			following as applicable:
(a) Before beginning
			actual construction of the project, document and maintain a record of all of
			the following:
1. A description of the
			project.
2. Identification of the
			emissions unit or units whose emissions of a regulated NSR air contaminant
			could be affected by the project.
3. The calculation of the net emissions
			increase under s.
			NR
			405.02(24) (a) that was used to
			determine that the project is not a major modification for any regulated NSR
			air contaminant, including the baseline actual emissions, the projected actual
			emissions, the amount of emissions excluded under s.
			NR
			405.02(25f) (b) 2. and an explanation
			why the amount was excluded, and any netting calculations, if
			applicable.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 405 - Prevention Of Significant Deterioration › Section NR 405.17 - Innovative control technology

Current through June 24, 2024
(1) An owner or
			operator of a proposed major stationary source or major modification may
			request the department to approve a system of innovative control
			technology.
(2) The department may,
			with the consent of the governor of any other affected state, determine that
			the major source or major modification may employ a system of innovative
			control technology if all of the following conditions are met:
(a) The proposed control system would not
			cause or contribute to an unreasonable risk to public health, welfare, or
			safety in its operation or function.
(b) The owner or operator agrees to achieve a
			level of continuous emissions reduction equivalent to that which would have
			been required under s.
			NR
			405.08(2) no later than 3 years from
			the time of start-up or 6 years from the date of permit issuance.
(c) The source or modification would meet the
			requirements equivalent to those in ss.
			NR
			405.08 and 405.09 based on the emissions rate that the
			stationary source employing the system of innovative control technology would
			be required to meet on the date specified in par. (b).
(d) The major source or major modification
			would not before the date specified do any of the following:
1. Cause or contribute to any violation of an
			applicable national ambient air quality standard.
2. Impact any Class I area.
3. Impact any area where an applicable
			increment is known to be violated.
(e) All other applicable requirements
			including those for public participation have been met.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 405 - Prevention Of Significant Deterioration › Section NR 405.18 - Plant-wide applicability limitations (PALs)

Current through June 24, 2024
(1) APPLICABILITY.
(a) This section applies to any existing
			major stationary source which wishes to operate under a PAL. The department may
			approve the use of a PAL for any existing major stationary source if the source
			and its application for a PAL meets all of the requirements in this
			section.
(b) Any physical change in
			or change in the method of operation of a major stationary source that
			maintains its total source-wide emissions below the PAL level, meets the
			requirements in this section and complies with the PAL permit:
1. Is not a major modification for the PAL
			regulated air contaminant.
2. Does
			not have to be approved under this chapter.
3. Is not subject to the provisions in s.
			NR
			405.16(2).
(c) Except as provided under par. (b) 3., a
			major stationary source shall continue to comply with all applicable federal or
			state requirements, emission limitations and work practice requirements that
			were established prior to the effective date of the PAL.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 405 - Prevention Of Significant Deterioration › Section NR 405.19 - Forest County Potawatomi Class I area

Current through June 24, 2024
(1) For any new
			major source or major modification of an existing source, the Forest County
			Potawatomi Community shall have the opportunity to present to the department,
			within no more than 75 days of receipt of a complete permit application by the
			department, a demonstration that the emissions from the proposed new major
			source or major modification would have an adverse impact on the established
			air quality related values of the FCPC Class I area.
(2) New major sources or major modifications
			of existing sources wholly or partially locating or located within a radius of
			22.25 miles from the geographic center of the FCPC Class I area, as identified
			in s.
			NR
			400.02(66m), are subject to an
			increment analysis and limited to the maximum allowable increase levels of a
			Class I area.
(3) New major sources
			or major modifications of existing sources locating or located wholly outside
			the area defined in sub. (2) are subject to an increment analysis and maximum
			allowable increase levels of a Class II area.
The relationship between the State of Wisconsin and the
				Forest County Potawatomi Community with regard to the FCPC Class I area is
				established in a 1999 Class I Final Agreement. The geographic center of the
				FCPC Class I area was determined by finding the center of a rectangle placed
				around the outer most portions of the Class I area. The 22.25-mile radius was
				determined by adding 10 miles to the distance of the outermost portion of the
				FCPC Class I area from the geographic center of the FCPC Class I area. A map
				developed by the Department and the Forest County Potawatomi Community shows
				the approximate 22.25-mile radius for the FCPC Class I area. The Final
				Agreement, map, and information on established air quality related values for
				the Class I area are available from the Department upon request, or may be
				found on the Department's web site.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 406 - Construction Permits › Section NR 406.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY. This chapter applies to
			all air contaminant sources, except indirect sources, which may be required
			under s.
			285.60,
			Stats., to obtain construction permits. In accordance with s.
			285.60(6),
			Stats., this chapter exempts sources of certain sizes and types from the
			requirement to obtain a permit. For nonattainment area major sources the
			construction permit requirements of ch. NR 408 apply in addition to the
			requirements of this chapter.
(2)
			PURPOSE. This chapter is adopted under ss.
			285.11,
			285.60(6),
			285.63,
			285.65 and
			285.66,
			Stats., to exempt types of stationary sources from the requirement to obtain a
			construction permit and to establish permit and permit review requirements and
			permit duration for construction permits.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 406 - Construction Permits › Section NR 406.02 - Definitions

Current through June 24, 2024
The definitions contained in ch. NR 400 apply to the terms
			  used in this chapter. In addition, the following definitions apply to the terms
			  used in this chapter:
(1) "Clean fuel"
			means distillate oil, as defined in s.
			NR
			440.205(2) (h), with a sulfur content
			less than 0.05% by weight, natural gas, propane, biodiesel fuel, as determined
			using the procedures in ASTM D6751-09, incorporated by reference in s.
			NR
			484.10(55v), or any blend of
			distillate oil and biodiesel fuel.
(1m) "Facility" means all stationary sources
			emitting air contaminants which belong to the same industrial grouping, are
			located on one or more contiguous or adjacent properties, and are under the
			control of the same person, or persons under common control. Emissions
			resulting from loading, unloading or stockpiling materials to or from vessels
			or vehicles while at a facility shall be considered as part of the facility's
			emissions. Air contaminant sources, other than transportation related
			activities, shall be considered as part of the same industrial grouping if they
			are classified under the same 2-digit major group as described in the Standard
			Industrial Classification Manual, 1987, incorporated by reference in s.
			NR
			484.05(1).
(2) "Individual construction permit" means a
			construction permit which is not a general construction permit issued under s.
			NR
			406.16 or a registration construction permit issued
			under s.
			NR
			406.17.
(3) "Initial crusher" means, at a nonmetallic
			mineral processing plant, any crusher into which nonmetallic minerals can be
			fed without prior crushing in that plant.
(4) "Initial grinding mill" means, at a
			nonmetallic mineral processing plant, any grinding mill into which nonmetallic
			minerals can be fed without prior crushing in that plant.
(5) "Municipal garbage and refuse" means
			garbage and refuse, as those terms are defined in ch. NR 500, which are
			primarily generated by residential activities but which may include minor
			amounts of commercial and industrial garbage and refuse that are in the total
			waste stream and are not hazardous. Municipal garbage and refuse does not
			include sludge which is generated from a municipal, commercial or industrial
			wastewater treatment plant, water supply treatment plant or air pollution
			control facility.
(6) "Permit
			revision" means any change to a construction permit to reflect a change at a
			source that is not a modification of the source or that is an exempt
			modification of the source.
(7)
			"Regulated asbestos-containing material" has the meaning given in s.
			NR
			447.02(33).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 406 - Construction Permits › Section NR 406.03 - Permit requirements and exemptions for construction permits

Current through June 24, 2024
(1) Permit
			requirement. Except as provided in sub. (2), no person may commence
			construction, reconstruction, replacement, relocation or modification of a
			stationary source unless the person has a construction permit for the source or
			unless the source is exempt from the requirement to obtain a permit under s.
			285.60(5),
			Stats., or under this chapter.
(1e)
			Exclusions. Notwithstanding the definitions of "commence construction" and
			"commence modification" in s.
			NR
			400.02(44) and (45) respectively, for
			projects reviewed under this chapter, all of the following activities may be
			excluded when determining if construction, reconstruction, replacement,
			relocation, or modification has commenced:
(c)
			Erecting temporary storage structures.
(d) Dismantling existing equipment or
			structures.
(e) Ordering equipment
			or control devices.
(f) Temporary
			storage of equipment on site.
(g)
			Site clearing.
(h) Programs
			undertaken to locate underground utilities.
(i) Installation of erosion control measures.
Note:
Undertaking any of the activities listed
			  under s. NR 406.03(1e) does not relieve the applicant from the obligation to
			  comply with any other applicable regulations or requirements. If the applicant
			  proceeds with any of the activities prior to receiving a construction permit,
			  the applicant does so at their own risk and the department is not obligated to
			  issue the air permit.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 406 - Construction Permits › Section NR 406.035 - Establishment or distribution of plant-wide applicability limitations

Current through June 24, 2024
Notwithstanding the provisions of s.
			  NR
			  406.04(1) and (2), a construction
			  permit is required for each of the following:
(1) Establishing a plant-wide applicability
			limitation under s.
			NR
			405.18 or
			408.11.
(2) Distribution of allowable emissions
			following expiration of a plant-wide applicability limit under s.
			NR
			405.18(9) or
			408.11(9).
Reopening of a plant-wide applicability limitation to
				accommodate an increase of the plant-wide applicability limitation is
				accomplished using the procedures in s.
				NR
				405.18(8) (b) 1. c. and (11) (a) 3.
				or 408.11 (8) (b) 1. c. and (11) (a) 3. Reopening of a plant-wide applicability
				limitation to accommodate a decrease of the plant-wide applicability limitation
				is accomplished using the procedures in s.
				NR
				406.11(1m).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 406 - Construction Permits › Section NR 406.04 - Direct sources exempt from construction permit requirements

Current through June 24, 2024
This section does not provide an exemption from construction
			  permit requirements for a source that is required to obtain a permit under ch.
			  NR 405 or 408 or s.
			  NR 446.03(2)
			  (a). For any direct source not required to
			  obtain a permit under ch. NR 405 or 408 or s.
			  NR 446.03(2)
			  (a), no construction permit is required prior
			  to commencing construction, reconstruction, replacement, relocation or
			  modification if the following conditions are met:
(1) Specific categories of exempt sources.
			The following categories of direct sources are exempt from the requirement to
			obtain a construction permit unless construction, reconstruction, replacement,
			relocation or modification of the source is prohibited by any permit, plan
			approval or special order applicable to the source:
(a) One or more external combustion furnaces
			at a source which will not burn any hazardous waste identified under ch. NR
			661, or which have been issued a license or licenses under ch. NR 670, and if
			no individual furnace is designed to burn the following fuels at more than the
			maximum rates indicated:
1. Coal, coke or
			other solid fuels, except wood, at a heat input rate of not more than 1.0
			million Btu per hour.
2. Wood alone
			or wood in combination with gaseous or liquid fossil fuels at a heat input rate
			of not more than 5.0 million Btu per hour.
3. Residual or crude oil at a heat input rate
			of not more than 5.0 million Btu per hour.
4. Distillate oil at a heat input rate of not
			more than 10 million Btu per hour.
4m. Distillate oil meeting the on-road sulfur
			content for diesel fuel specified in
			40
			CFR 80.510(b) at a heat
			input rate of not more than 25 million Btu per hour.
5. Gaseous fossil fuel at a heat input rate
			of not more than 25 million Btu per hour.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 406 - Construction Permits › Section NR 406.07 - Scope of permit exemption

Current through June 24, 2024
(1) Exemption or
			the granting of an exemption under this chapter from the requirement to obtain
			a permit does not relieve any person from compliance with the emission
			limitations of chs.
			NR
			400 to
			499, the air quality requirements
			of ch. NR 404, the reporting requirements of ch. NR 438, or with any other
			provision of law.
(2) If a source
			undergoes a modification which is exempt from the requirement to obtain a
			construction permit under s.
			NR
			406.04(4), it will not be treated as
			a modified source for purposes of the emission limitations under chs.
			NR
			400 to
			499.
(3) A source that undergoes a modification
			which is exempt from the requirement to obtain a construction permit under s.
			NR
			406.04(1f) or (1k) shall be treated
			as a new or modified source for the purposes of the emission limitations under
			chs.
			NR
			400 to
			499 unless the modification is
			excluded from being considered a modification under s.
			NR
			406.04(4).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 406 - Construction Permits › Section NR 406.075 - Federally enforceable requirements

Current through June 24, 2024
(1) Except as
			provided in sub. (2), all terms and conditions in a construction permit,
			including any provisions designed to limit a stationary source's potential to
			emit, are federally enforceable by the administrator under section 113 of the
			Act (
			42 USC 7413
			).
(2) Notwithstanding sub. (1),
			the department shall specifically designate as not federally enforceable any
			terms and conditions included in the permit that are not required under the
			Act, under any of the federal regulations implementing the Act or under the
			state implementation plan.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 406 - Construction Permits › Section NR 406.08 - Action on permit applications

Current through June 24, 2024
(1)This section
			applies to actions on permits for which applications are received on or after
			August 1, 2015. This section does not apply to actions on applications for
			permits where the source commences construction, reconstruction, replacement,
			relocation, or modification prior to issuance of a construction permit. This
			section does not apply to construction permits which are subject to the notice,
			comment, and hearing provisions of s.
			293.43,
			295.45, or
			295.57,
			Stats.
(2)
(a) The department shall make a determination
			under s.
			285.61(8),
			Stats., on a permit application within 205 business days of receipt of a
			complete application for construction or modification of a major stationary
			source as defined in s.
			NR
			405.02(22) or a major source as
			defined in s.
			NR
			408.02(21), unless compliance with s.
			1.11,
			Stats., requires a longer time. For a major source that is located in an
			attainment area, the department shall complete its responsibilities under s.
			1.11,
			Stats., within one year.
(b) The
			department shall make a determination under s.
			285.61(8),
			Stats., on a permit application within 145 business days of receipt of a
			complete application for construction or modification of any stationary source
			not described in par. (a), unless compliance with s.
			1.11,
			Stats., requires a longer time.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 406 - Construction Permits › Section NR 406.09 - Air quality analysis

Current through June 24, 2024
The air quality impact of a proposed stationary source will
			  be determined at such locations where members of the public might reasonably be
			  exposed for time periods consistent with the ambient air quality standards for
			  the pollutants for which analysis is carried out.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 406 - Construction Permits › Section NR 406.10 - Violations

Current through June 24, 2024
Any owner or operator who fails to construct a stationary
			  source in accordance with the application as approved by the department; any
			  owner or operator who fails to construct and operate a stationary source in
			  accordance with conditions imposed by the department under s.
			  285.65, Stats.;
			  any owner or operator who modifies a stationary source in violation of
			  conditions imposed by the department under s.
			  285.65, Stats.;
			  or any owner or operator who commences construction, reconstruction,
			  replacement, relocation, or modification of a stationary source without
			  applying for and receiving a permit as required under this chapter or ch. NR
			  405 or 408 shall be considered in violation of s.
			  285.60,
			  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 406 - Construction Permits › Section NR 406.12 - Permit duration periods

Current through June 24, 2024
Approval to construct or modify a stationary source shall
			  become invalid 18 months after the date when a construction permit was issued
			  by the department unless the permit specifies otherwise. The department may
			  only extend such a time period for up to 18 additional months on written
			  request upon satisfactory showing that an extension is justified unless the
			  permit specifies otherwise.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 406 - Construction Permits › Section NR 406.13 - Duty to comply

Current through June 24, 2024
Approval to construct or modify does not relieve any owner or
			  operator of the responsibility to comply with the emission limits of chs.
			  NR
			  400 to
			  499, the air quality standards of
			  ch. NR 404 or the control strategies of all local, state and federal
			  regulations which are part of the state implementation plan.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 406 - Construction Permits › Section NR 406.15 - Relocation of portable sources

Current through June 24, 2024
(1) APPLICABILITY.
			This section applies to all portable sources of air contaminants which are
			required under s.
			285.60,
			Stats., to have a construction permit and to notify the department prior to
			relocation.
(2) PERMIT REQUIREMENT.
			No person may cause, allow or permit the relocation of a portable source to a
			new site without first obtaining a construction permit unless the portable
			source is exempt from the requirement to obtain a permit under s.
			NR
			406.04, the portable source is an approved relocated
			source under s.
			285.60(5),
			Stats., or the portable source is exempt from the requirement to obtain an
			additional permit under sub. (3).
(3) RELOCATION INTO AND WITHIN OZONE
			NONATTAINMENT AREAS. Notwithstanding s.
			285.60(5)
			(a) 1, Stats., and pursuant to s.
			285.60(6),
			Stats., a portable source may relocate into or within a nonattainment area for
			ozone without obtaining an additional permit if all of the following
			requirements are met:
(a) The source's
			potential to emit is less than the major source thresholds for both VOCs and
			NOx contained in s.
			NR
			408.02(21).
(b) The source has an operation permit under
			s.
			285.60,
			Stats., prior to relocation.
(c)
			The owner or operator of the source provides written notice to the department
			at least 20 days prior to relocation and the department does not object to the
			relocation.
(d) The source in its
			new location will meet all applicable emission limitations and any visibility
			requirements in chs. NR 401 to
			499.
(e) The source is not an affected
			source.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 406 - Construction Permits › Section NR 406.18 - Petition for issuance of general construction permits and registration construction permits

Current through June 24, 2024
(1) A person may petition the department to
			make a determination that a category of stationary source meets the criteria
			for a general construction permit under s.
			285.60(3),
			Stats., and s.
			NR
			406.16(1). A person may petition the
			department to make a determination that a stationary source meets the criteria
			for a registration construction permit under s.
			285.60(2g),
			Stats., and s.
			NR 406.17(1) and
			(2) (b). The department may consider the
			number of sources that would be eligible for the permit, the complexity of air
			regulations applicable to the sources, the likelihood that sources would need
			source-specific emission limitations and other relevant factors in determining
			its priority for developing a general or registration construction permit.
			Within 30 days after receipt of the petition, the department shall provide a
			written response to the petitioner granting or denying the petition. If the
			department grants the petition, the department shall issue the general
			construction permit or the registration construction permit as soon as
			practicable, but no later than 365 days after receipt of the
			petition.
(2) The person shall
			submit the petition on department approved forms.
Contact the regional offices or service centers of the
				department or the Permits and Stationary Source Modeling Section of the Bureau
				of Air Management, 608-266-7718, for information on how to obtain and submit
				the department approved forms.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 407 - Operation Permits › Section NR 407.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY. This chapter applies to
			all direct stationary sources which are required under s.
			285.60,
			Stats., to obtain an operation permit. In accordance with s.
			285.60(6),
			Stats., sources of certain sizes and types are exempt under s.
			NR
			407.03 from the requirement to obtain an operation
			permit.
(2) PURPOSE. This chapter
			is adopted under ss.
			285.11(1),
			(5), (6) and (16),
			285.17,
			285.60,
			285.62,
			285.65(13)
			and
			285.67,
			Stats., to establish a schedule of dates for the submission of operation permit
			applications and a schedule of dates for requiring operation permits for
			various categories of direct stationary sources and to specify the content of
			operation permit applications and operation permits. This chapter also sets
			forth procedures for revising, suspending and revoking operation
			permits.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 407 - Operation Permits › Section NR 407.02 - Definitions

Current through June 24, 2024
The definitions contained in chs.
			  NR
			  400 and 406 apply to the terms used in this chapter.
			  In addition, the following definitions apply to the terms used in this
			  chapter:
(1) "Affected state" means
			either of the following:
(a) Any state that
			is within 50 miles of the stationary source obtaining an operation permit or
			undergoing revision or renewal of its operation permit.
(b) Michigan, Illinois, Iowa or Minnesota if
			that state's air quality may be affected by the stationary source obtaining an
			operation permit or undergoing revision or renewal of its operation
			permit.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 407 - Operation Permits › Section NR 407.025 - Permit flexibility

Current through June 24, 2024
(1)
(a) The
			owner or operator of a stationary source that has an operation permit, or for
			which a timely and complete application has been submitted, may make a change
			to the stationary source that contravenes an express term of an operation
			permit without first obtaining a permit revision if all the following apply:
1. The change does not violate applicable
			requirements or contravene permit terms and conditions that are monitoring,
			including use of specified test methods, recordkeeping, reporting or compliance
			certification requirements.
2. The
			change is not a modification as defined in s.
			285.01(26),
			Stats., and rules promulgated thereunder.
3. The change does not cause the stationary
			source to exceed the emissions allowable under the permit, whether expressed in
			the permit as an emissions rate or in terms of total emissions.
4. Notice is given and the department does
			not inform the owner or operator of the stationary source that the change is
			not authorized, as provided in par. (b).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 407 - Operation Permits › Section NR 407.03 - Exemptions from operation permit requirements

Current through June 24, 2024
(1) Specific
			categories of exempt sources. Any direct stationary source that is not an
			affected source and is not required to obtain a permit under 40 CFR part 70 and
			that consists solely of one of the following categories of stationary sources
			or consists of a combination of the categories of stationary sources listed
			under sub. (1) (t) is exempt from the requirement to obtain an operation permit
			provided the requirements under sub. (4) are met:
(a) External combustion furnaces which do not
			burn any hazardous waste identified under ch. NR 661, or which have been issued
			a license under ch. NR 670, and which are designed at combined total capacity
			to burn the following fuels at the maximum rates indicated:
1. Coal, coke or other solid fuels, except
			wood, at a heat input rate of not more than 1.0 million Btu per hour.
2. Wood alone or wood in combination with
			gaseous or liquid fuels at a heat input rate of not more than 5.0 million Btu
			per hour.
3. Residual or crude oil
			at a heat input rate of not more than 5.0 million Btu per hour.
4. Distillate oil at a heat input rate of not
			more than 10 million Btu per hour.
4m. Distillate oil with a maximum sulfur
			content of 15 ppm at a heat input rate of not more than 25 million Btu per
			hour.
5. Gaseous fuel at a heat
			input rate of not more than 25 million Btu per hour.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 407 - Operation Permits › Section NR 407.04 - Permit application requirements

Current through June 24, 2024
The owner or operator of an air contaminant source which is
			  not exempt under s.
			  285.60(5),
			  Stats., or s.
			  NR
			  407.03 shall submit an operation permit application or
			  renewal application, in accordance with s.
			  NR 407.05,
			  by the dates specified in this section:
(1) INITIAL FILING DATES. Except as provided
			under subs. (3) to (7), the initial operation permit application shall be
			submitted by one of the following dates:
Note:
Application forms may be obtained from the
			  Department Regional Headquarter or Service Center offices or from the Wisconsin
			  Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison
			  WI 53707-7921, Attention: operation permits.
(a)
Existing sources, initial
			application.
For initial applications for all existing sources, the
			date in the appropriate column of Table 1 for part 70 and non-part 70 sources
			corresponding to the county in which the source is located. Where the location
			of a source is in 2 or more counties, the date an application is due shall be
			the latest date listed for any of the counties in which the source is located.
			Any existing air contaminant source for which an application is submitted
			requesting that it be made a synthetic minor source is a part 70 source until a
			permit making that source a synthetic minor source is issued and, except as
			allowed in sub. (3), is subject to the filing dates listed for part 70 sources.
			If a source submits an application on or before the date specified in Table 1
			and the department determines that the application is incomplete, the source
			shall have 30 days from the date that the department notifies the source of the
			incompleteness determination to complete the application.
(b)
New and modified
			sources.
1. In accordance with s.
			285.62(11)
			(b) 2, Stats., for new or modified sources
			for which a construction permit is required and which apply for a construction
			permit after November 15, 1992, the date that the application for the
			construction permit is filed.
2.
			For new or modified sources for which a construction permit is required and
			which applied for a construction permit before November 15, 1992, a date at
			least 120 days prior to the expiration date of the construction
			permit.
3. For new or modified
			sources for which no construction permit is required, a date before the source
			commences construction or modification. For purposes of determining the date of
			commencement of construction or modification, the exclusions provided in s.
			NR
			406.03(1e) shall apply.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 407 - Operation Permits › Section NR 407.06 - Complete applications

Current through June 24, 2024
(1) An application for an operation permit
			shall be initially deemed complete only if it contains all of the information
			described in s.
			NR
			407.05(4) and , for each form
			submitted, if all portions of that form which are specifically designated as
			necessary for a complete application are completed. The department may require
			an applicant to submit data necessary to complete any incomplete
			application.
(2) After an
			application for an operation permit has been initially deemed complete, the
			department may require additional information, including other information than
			that requested on the application forms, as needed to process the application.
			The department shall specify, in writing, a reasonable time period, of not less
			than 30 days, for the applicant to submit the requested information. The
			applicant may request and the department may grant a reasonable extension of
			the time period to submit the requested information. If the applicant does not
			supply the information requested by the date specified, the authorization for a
			stationary source to operate under s.
			285.62(8),
			Stats., shall no longer apply to the source.
(3) Unless the department determines in
			writing that an application for an operation permit is not complete within 20
			days from the date that the application or additional information requested
			under sub. (2) is submitted, the application shall be deemed
			complete.