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.
This chapter is adopted under ss. 285.11 (1)
, 285.65 (13)
, 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.
NR 407.01 History
Cr. Register, December, 1984, No. 348
, eff. 1-1-85; am. (1), Register, May, 1992, No. 437
, eff. 6-1-92; am. Register, December, 1993, No. 456
, eff. 1-1-94; am. (1), Register, June, 1995, No. 474
, eff. 7-1-95; am. (2), Register, December, 1997, No. 504
, eff. 1-1-98.
NR 407.02 Definitions.
The definitions contained in chs. NR 400
apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter:
“Affected state" means either of the following:
Any state that is within 50 miles of the stationary source obtaining an operation permit or undergoing revision or renewal of its operation permit.
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.
“Emissions allowable under the permit" means an enforceable permit term or condition required by an applicable requirement that establishes an emission limit, including a work practice standard, or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.
“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)
“Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
“Individual operation permit" means an operation permit which is not a general operation permit issued under s. NR 407.10
or a registration operation permit issued under s. NR 407.105
“Major source" means any stationary source, or any group of stationary sources, that is located on one or more contiguous or adjacent properties, is under common control of the same person or persons under common control, belongs to a single major industrial grouping and that is described in par. (a)
. For the purposes of defining “major source", a stationary source or group of stationary sources shall be considered part of a single major industrial grouping if all of the pollutant emitting activities at the source or group of sources have the same 2-digit code as described in the Standard Industrial Classification Manual, 1987, incorporated by reference in s. NR 484.05
A stationary source that, for pollutants other than radionuclides, emits or has the potential to emit, in the aggregate, 10 tons per year (tpy) or more of any single hazardous air pollutant listed under section 112 (b) of the Act (42 USC 7412
(b)), 25 tpy or more of any combination of those hazardous air pollutants, or a lesser quantity as the administrator may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well, with its associated equipment, and emissions from any pipeline compressor or pump station may not be aggregated with emissions from other similar units, whether or not the units are in a contiguous area or under common control, to determine whether the units or stations are major sources.
A stationary source that directly emits, or has the potential to emit, 100 tpy or more of any air contaminant subject to regulation under the Act other than particulate matter. For particulate matter, a stationary source is a major source if it emits, or has the potential to emit, 100 tpy of PM10
. The fugitive emissions of a stationary source may not be considered in determining whether it is a major source for the purposes of this definition, unless the source belongs to one of the following categories of stationary sources:
Municipal incinerators capable of charging more than 250 tons of refuse per day.
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)
Fossil-fuel boilers, or combination thereof, totaling more than 250 million British thermal units per hour heat input.
Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.
Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input.
Any other stationary source category not included in this paragraph which as of August 7, 1980 is being regulated under section 111 or 112 of the Act (42 USC 7411
Sources with the potential to emit 100 tpy or more of volatile organic compounds or oxides of nitrogen in areas classified as “rural transport,” “marginal,” or “moderate,” 50 tpy or more in areas classified as “serious,” 25 tpy or more in areas classified as “severe,” and 10 tpy or more in areas classified as “extreme”; except that the references in this paragraph to 100, 50, 25, and 10 tpy of nitrogen oxides do not apply with respect to any source for which the administrator has made a finding, under section 182 (f) (1) or (2) of the Act (42 USC 7511a
(f) (1) or (2)), that requirements under section 182 (f) of the Act (42 USC 7511a
(f)) do not apply.
The classification with the lowest emission threshold under subd. 1. a.
determines the major source threshold in an area classified as nonattainment for more than one ozone national ambient air quality standard, until the area is
redesignated to attainment for a current standard or a redesignation substitute for a revoked standard has been approved by the EPA for the standard with the lowest emission threshold.
NR 407.02 Note
Note: The department maintains materials accessible to the public that show current Wisconsin nonattainment areas and summarizes the applicable permitting requirements for major sources of emissions within these areas.
For ozone transport regions established pursuant to section 184 of the Act (42 USC 7511c
), sources with the potential to emit 50 tpy or more of volatile organic compounds.
For carbon monoxide nonattainment areas that are classified as “serious", and in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the administrator, sources with the potential to emit 50 tpy or more of carbon monoxide.
For particulate matter (PM10
) nonattainment areas classified as “serious", sources with the potential to emit 70 tpy or more of PM10
“Natural minor source" means a source that meets all of the following criteria:
Is not a synthetic minor source under this chapter and does not have a permit containing conditions that allow the source to avoid being either a major stationary source under the definition in s. NR 405.02 (22)
or a major source under the definition in s. NR 408.02 (21)
“Non-part 70 source" means any stationary source required to obtain an operation permit that is not a part 70 source.
“Part 70 source" means any of the following stationary sources, except as provided in par. (b)
Any source subject to a standard or other requirement under section 112 of the Act (42 USC 7412
), except for a source subject solely to regulations or requirements under section 112(d)(5) or (r) of the Act (42 USC 7412
Notwithstanding par. (a)
, all sources listed in par. (a) 2.
are not part 70 sources unless they are one of the following:
“Renewal" means the process by which an operation permit is reissued at the end of its term.
“Synthetic minor source" means any stationary source that has its potential to emit limited by permit conditions that are federally enforceable so that it is not a major source.
NR 407.02 History
Cr. Register, December, 1984, No. 348
, eff. 1-1-85; renum. (1) to be (intro.), cr. (1), Register, September, 1986, No. 369
, eff. 10-1-86; r. and recr. Register, December, 1993, No. 456
, eff. 1-1-94; am. (17) (intro.), Register, February, 1995, No. 470
, eff. 3-1-95; renum. (1), (2), (4) to be NR 400.02 (1), (1c), (1v), and (5) to (12), (14), (15), (18), (19), (21), (23) to (30), (33), (34) to be NR 409.02 (10), (11), (15), (19), (22), (26), (28), (29), (37), (38), (47), (48), (50), (55), (56), (64), (66), (69) to (72), (78), (79) and am. (72), (78), (79), Register, April, 1995, No. 472
, eff. 5-1-95; am. (22) (b), Register, June, 1995, No. 474
, eff. 7-1-95; renum. (3), (13), (16), (17), (20), (22), (31), (32), (35) to be (1) to (9) and am. (4) (c) 1. and (6) (b) (intro.), Register, December, 1996, No. 492
, eff. 1-1-97; cr. (6) (b) 5. and 6., Register, March, 1997, No. 495
, eff. 4-1-97; cr. (6) (b) 7., Register, September, 1997, No. 501
, eff. 10-1-97; am. (4) (b) (intro.), Register, December, 1997, No. 504
, eff. 1-1-98; am. (4) (a), Register, October, 1999, No. 526
, eff. 11-1-99; CR 04-107
: r. and recr. (3), cr. (3m) Register August 2005 No. 596
, eff. 9-1-05; CR 07-040
: cr. (3e), am. (4) (b) 27., r. (6) (b) 4. to 7. Register April 2008 No. 628
, eff. 5-1-08; CR 07-104
: am. (4) (b) 20. Register July 2008 No. 631
, eff. 8-1-08; CR 09-020
: am. (4) (a), (b) 27., (c) (intro.), 1., 2. and (6) (a) 2., 3., and (b) 3., cr. (6m) Register January 2010 No. 649
, eff. 2-1-10; EmR1046
: emerg. am. (4) (b) (intro.), cr. (8m), eff. 12-15-10; CR 10-144
: am. (4) (b) (intro.), cr. (8m) Register August 2011 No. 668
, eff. 9-1-11; CR 15-005
: am. (4) (b) 27., cr. (4m) Register November 2015 No. 719
, eff. 12-1-15; CR 19-015
: am. (9) Register September 2020 No. 777
, eff. 10-1-20; CR 21-022: renum. (4) (c) 1. to (4) (c) 1. (intro.) and a. and am., cr. (4) (c) 1. b. Register February 2022 No. 794, eff. 3-1-22; correction in (4) (c) 1. b. made under s. 35.17, Stats., Register February 2022 No. 794.
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:
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.
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.
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)
For each change allowed under par. (a)
, the owner or operator of the stationary source shall provide the department and, for part 70 sources, the administrator, with written notification of the proposed change a minimum of 21 days in advance of the date on which the proposed change is to occur. The written notification shall include a brief description of the change within the stationary source, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable as a result of the change.
The owner or operator of the stationary source may not make the proposed change if the department informs the person before the end of the 21- day period provided in subd. 1.
that the proposed change is not one authorized under this subsection.
The owner or operator of the stationary source, the department and the EPA, if applicable, shall attach each notification of a change made under this subsection to their copy of the relevant operation permit.
The department shall, if an owner or operator of a stationary source requests it, issue an operation permit that contains terms and conditions, including all terms required under s. NR 407.09 (1)
, allowing for the trading of emissions increases and decreases at the stationary source solely for the purpose of complying with a federally-enforceable emissions cap that is established in the operation permit independent of otherwise applicable requirements. The permit applicant shall include in the application proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and enforceable. The department may not include in the emissions trading provisions any emissions units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emissions trades. Any operation permit issued pursuant to this subsection shall require compliance with all applicable requirements.
For any trade allowed in an operation permit pursuant to par. (a)
, the owner or operator of the stationary source shall provide the department and, for part 70 sources, the administrator, with written notification a minimum of 7 days in advance of the date on which the proposed trade is to occur. The written notification shall state when the change is proposed to occur and shall describe the changes in emissions that will result and how these changes in emissions will comply with the terms and conditions of the permit.
The permit shield described in s. 285.62 (10) (b)
, Stats., may extend to terms and conditions that allow the increases and decreases in emissions allowed under this subsection.