Wisconsin Administrative Code

NR 405.15 Public participation. (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 b…

NR 405.16 Source obligation. (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 particula…

NR 405.17 Innovative control technology. (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 aff…

NR 405.18 Plant-wide applicability limitations (PALs). (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 i…

NR 405.19 Forest County Potawatomi Class I area. (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 a…

NR 406.01 Applicability; purpose. (1) APPLICABILThis 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 c…

NR 406.02 Definitions. 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) XClean fuelY means distillate oil, as defined in s. NR 440.205 (2) (h), with a sulfur conten…

NR 406.03 Permit requirements and exemptions for construction permits. (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 …

NR 406.035 Establishment or distribution of plantwide applicability limitations. 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 4…

NR 406.04 Direct sources exempt from construction permit requirements. 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 requ…

NR 406.07 Scope of permit exemption. (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 40…

NR 406.075 Federally enforceable requirements. (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 1…

NR 406.08 Action on permit applications. (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, repl…

NR 406.09 Air quality analysis. 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 anal…

NR 406.10 Violations. 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 depar…

NR 406.11 Construction permit revision, suspension and revocation. (1) After providing 21 days written notice to the permit holder and to the persons listed under s. 285.61 (5) (a) 2. to 5., Stats., except as provided in par. (h), the department may revise, suspend, revoke, or wi…

NR 406.12 Permit duration periods. 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 fo…

NR 406.13 Duty to comply. 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 regul…

NR 406.15 Relocation of portable sources. (1) APThis 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…

NR 406.17 Registration construction permits. (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 emiss…

NR 406.18 Petition for issuance of general construction permits and registration construction permits. (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), S…

NR 407.01 Applicability; purpose. (1) APPLICABILThis 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…

NR 407.02 Definitions. 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) XAffected stateY means either of the following: (a) Any state that is within 50 mil…

NR 407.025 Permit flexibility. (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 …

NR 407.03 Exemptions from operation permit requirements. (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 …

NR 407.04 Permit application requirements. 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 specif…

NR 407.05 Applications and forms. (1) Applications for operation permits and renewals of operation permits shall be made on forms supplied by the department for these purposes and supplemented with other materials as indicated on the forms. The forms may be supplied by the depart…

NR 407.06 Complete applications. (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 …

NR 407.07 Action on applications. (1) The department shall follow the procedures in s. 285.62, Stats., in acting on applications for operation permits and for renewals of operation permits. The requirements in s. 285.62 (6) (a) to (c), Stats., do not apply with respect to non-par…

NR 407.075 Greenhouse gases. Emissions of greenhouse gases at a stationary source shall only be subject to regulation under the Act if, on or after July 1, 2011, the source emits or has the potential to emit 100,000 tpy or more of GHG on a carbon dioxide equivalent basis. For pur…

NR 407.08 Dates by which permits are required. (1) EXISTING SOURCES. Except as provided in s. 285.62 (8), Stats., no stationary source which is required to obtain an operation permit under s. 285.60 (2) (a), Stats., and this chapter may operate after the date specified for that s…

NR 407.10 General operation permits. (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,…

NR 407.105 Registration operation permits. (1) ISSUANCE OF REGISTRATION OPERATION PERMITS. (a) The depart- Note: No construction permit is required prior to commencing construction, reconstruction, replacement, relocation or modification of a stationary source if the source is co…

NR 407.107 Petitions for issuance of general operation permits and registration operation permits. (1) A person may petition the department to make a determination that a category of stationary source meets the criteria for a general operation permit under s. 285.60 (3), Stats., …

NR 407.11 Administrative permit revisions. (1) ELUpon request of a permittee, the department may revise an operation permit administratively using the procedures in this section if the revision requested is one of the following: (a) Correction of a typographical error. (b) A chan…

NR 407.12 Minor revisions. (1) ELIGIBILITY. Any person holding an operation permit may submit a request to the department to revise the operation permit, to reflect a proposed change at the facility, using the minor permit revision procedures described in this section, provided t…

NR 407.13 Significant revisions. This section applies to operation permit revisions requested by the permittee that cannot be accomplished under s. NR 407.11 or 407.12. A permit revision to any acid rain provisions of the permit shall be governed by s. NR 409.12. Requests for sig…

NR 407.14 Permit revision by the department. (1) MANDATORY REVISIONS. Except for a change in an applicable requirement that is due to an addition of, or revision to, a hazardous air contaminant standard or control requirement in subch. II of ch. NR 445, the department shall revis…

NR 407.15 Permit suspension, revocation and withdrawal from coverage. 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 day…

NR 407.16 Revision procedures for non-part 70 source permits and state-only requirements for part 70 sources. Notwithstanding the requirements to give notice to affected states and EPA under ss. NR 407.12 (4), 407.13, 407.14 (4) and 407.15 (1), an operation permit may be revised,…

NR 408.01 Applicability; purpose. (1) APPLICABILITY. This chapter applies to all new direct major sources and all major modifications to direct major sources located in areas designated as ozone transport regions or nonattainment areas by the U.S. environmental protection agency …

NR 408.02 Definitions. 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) XActual emissionsY means the actual rate of emissions of a regulated NSR air contaminant fro…

NR 408.025 Methods for calculation of increases in actual emissions. (1) For projects that only involve existing emissions units, any increase in actual emissions from a physical change or change in the method of operation at a stationary source shall equal the sum of the differe…

NR 408.03 Source applicability and exemptions. (1) No person may begin actual construction of a major source or major modification to which the requirements of this chapter apply unless the person has a permit which states that the stationary source or modification will meet the …

NR 408.04 Control technology review. (1) A major source or major modification shall meet each applicable emission limitation under this chapter and each applicable emission standard or standard of performance under chs. NR 440 and 447 to 449 and subch. IV of ch. NR 446. (2) A new…

NR 408.05 Reasonable further progress. (1) By the time the proposed major source or major modification is to commence operation, sufficient offsetting emissions shall be in effect such that the total emissions from existing sources in the area, from new or modified sources which …

NR 408.06 Emissions offsets. (1) To be eligible for use under this chapter, emissions offsets shall meet all of the following criteria: (a) Except as provided in par. (cm), offsets shall be of the same air contaminant class, that is, volatile organic compounds, particulate matter…