Wisconsin Administrative Code

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…

NR 408.07 Source impact analysis. The applicant for a permit under this chapter shall demonstrate to the satisfaction of the department that all of the following conditions are met: (1) The emissions offsets required under s. NR 408.06, when considered in conjunction with the pro…

NR 408.08 Additional conditions for approval. For the department to approve a permit required or allowed under s. 285.60, Stats., and this chapter the following criteria shall be met: (1) All major sources owned or operated by the owner or operator of the proposed source, or by a…

NR 408.09 Permit application review; public participation. (1) The department shall notify all applicants within 20 days as to the completeness of the construction permit application or any deficiency in the application or information submitted. In the event of a deficiency, the …

NR 408.10 Source obligation. (1) Any owner or operator who constructs or operates a stationary source or modification not in accordance with the application submitted under this chapter or with the terms of any approval to construct, or any owner or operator of a stationary sourc…

NR 408.11 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 409.01 Applicability; purpose; and scope. (1) APPLICABILITY. (a) Each of the following emissions units is an affected unit and any source that includes such a unit shall be an affected source subject to the requirements of the acid rain program: 1. A unit listed in Table 1 of …

NR 409.02 Definitions. The definitions contained in chs. NR 400, 406 and 407 and title IV of the act (42 USC 7651 to 7651o) apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter: (1) XAcid rain compliance optionY m…

NR 409.04 New units exemption. (1) APPLICABILITY. This section applies to any new utility unit that has not previously lost an exemption under sub. (6) (d) and that, in each year starting with the first year for which the unit is to be exempt, satisfies all of the following: (a) …

NR 409.05 Retired units exemption. (1) APPLICABILITY. This section applies to any affected unit, except for an opt-in source, that is permanently retired. (2) SOURCE OBLIGATIONS. (a) Scope of exemption. Any affected unit, except for an opt-in source, that is permanently retired s…

NR 409.055 Non-cogeneration industrial utility units exemption. (1) APPLICABILITY. This section applies to any non-cogeneration, industrial utility unit that has not previously lost an exemption under sub. (4) (d) and that meets all of the following criteria: (a) Starting on the …

NR 409.06 Standard requirements. (1) PERMIT REQUIREMENTS. (a) The designated representative of each affected source and each affected unit at the source shall: 1. Except for a phase I acid rain permit to be issued by EPA, submit a complete acid rain portion of an operation permit…

NR 409.065 Nitrogen oxides requirements. (1) APPLICABILITY. (a) Except as provided in pars. (b) to (c), this section applies to each coal-fired utility unit that is subject to an acid rain emissions limitation or reduction requirement for SO under Phase I or Phase II pursuant to …

NR 409.07 Designated representative. (1) SUBMIS(a) The designated representative shall submit a certificate of representation, and any superseding certificate of representation, to the administrator in accordance with subpart B of 40 CFR part 72 and, concurrently, shall submit a …

NR 409.08 Application for the acid rain portion of an operation permit. (1) REQUIREMENT TO APPLY. (a) Duty to apply. 1. The designated representative of any source with an affected unit shall submit a complete acid rain portion of an operation permit application by the applicable…

NR 409.09 Acid rain compliance plan and compliance options. (1) GENERAL. (a) Acid rain portion of an operation permit application. 1. For each affected unit included in the acid rain portion of an operation permit application, a complete compliance plan shall include, for sulfur …

NR 409.10 Acid rain portion of an operation permit. (1) CONTENTS. (a) Each acid rain portion of an operation permit, including any draft or proposed acid rain portion of an operation permit, shall contain the following elements: 1. All elements required for a complete acid rain p…

NR 409.11 Acid rain portion of an operation permit issuance procedures. (1) GENERAL. The department shall issue or deny all acid rain portions of title V permits in accordance with s. 285.62, Stats. and s. NR 409.10. Note: These rules are intended to follow the requirements in 40…

NR 409.12 Revisions of acid rain provisions. (1) GENERAL. (a) This section governs revisions to the acid rain portion of any operation permit issued by the department under ch. NR 407. Any determination or interpretation by the department or by the state, including a state court,…

NR 410.01 Applicability; purpose. (1) APPLICABILITY. This chapter applies to all owners or operators of air contaminant sources and to any other person who may be required to pay a fee under s. 285.69, Stats. (2) PURPOSE. The purpose of this chapter is to establish, pursuant to s…

NR 410.02 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: (2) “Emissions offset” means the reduction of emissions from existing sources to compensate for …

NR 410.03 Application and review fees. (1) BASIC DIRECT SOURCE FEES. (a) Each person submitting an application for an individual construction permit for a direct source, other than an individual construction permit solely to establish emission reduction credits, shall pay the app…