NR 407.04 History
History: Cr.
Register, December, 1984, No. 348, eff. 1-1-85; renum. (1) to be (1) (a), cr. (1) (b),
Register, September, 1988, No. 393, eff. 10-1-88; am. (1) (a), renum. Table,
Register, May, 1992, No. 437, eff. 6-1-92; am. (1) (a),
Register, June, 1993, No. 450, eff. 7-1-93; r. and recr.
Register, December, 1993, No. 456, eff. 1-1-94; am. (1) (intro.), cr. (4),
Register, June, 1995, No. 474, eff. 7-1-95; am. (3) (b) 1. b.,
Register, December, 1996, No. 492, eff. 1-1-97; am. (1) (intro.) and (4) and cr. (5),
Register, March, 1997, No. 495, eff. 4-1-97; am. (1) (intro) and cr. (6),
Register, September, 1997, No. 501, eff. 10-1-97; cr. (intro.) and am. (1) (intro.) and (b) 3.,
Register, October, 1999, No. 526, eff. 11-1-99;
CR 04-023: cr. (7)
Register December 2008 No. 636, eff. 1-1-09;
CR 09-020: am. (2)
Register January 2010 No. 649, eff. 2-1-10;
CR 15-005: am. (1) (intro.), (b) 3.
Register November 2015 No. 719, eff. 12-1-15; correction in (1) (b) 3. made under s.
35.17, Stats.,
Register November 2015 No. 719.
NR 407.05(1)(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 department in an electronic format, such as on a computer disk, or on line, if so requested by the applicant.
NR 407.05 Note
Note: Application forms may be obtained from the Department Regional Headquarters 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. The internet web address is:
http://dnr.wi.gov/topic/AirPermits/Forms.html.
NR 407.05(2)
(2) Application materials may be submitted on paper or in an electronic format. The applicant shall submit all forms and other required materials, as indicated on the forms. When electing to submit materials on paper, the applicant shall submit the materials to the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921, Attention: Operation permits.
NR 407.05(3)
(3) The application forms shall be signed by a responsible official of the stationary source designated by the source for this purpose. In the case of an electronic format application, a form supplied with the electronic format shall be signed in accordance with this subsection and returned to the department with the electronic format application.
NR 407.05(4)
(4) The application shall contain all of the information required for the issuance of an operation permit. Except as provided in subs.
(5) and
(8), it shall include the following elements:
NR 407.05(4)(a)
(a) Identifying information, including company name and address, and plant name and address if different from the company name or address, owner's name and agent, and operator if different from the owner, and names and telephone numbers of the plant manager and contact person.
NR 407.05(4)(b)
(b) A description of the source's processes and products, by standard industrial classification code as described in the Standard Industrial Classification Manual, 1987, incorporated by reference in s.
NR 484.05, including any processes and products associated with each alternate operating scenario identified by the source.
NR 407.05(4)(c)1.
1. The maximum theoretical emissions of all air contaminants from all emissions units, operations, and activities except for those exempted under subd.
9. or
10. Fugitive emissions from emissions units, operations, and activities shall be included in the permit application in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of major source. Maximum theoretical fugitive emissions shall be calculated using average operating conditions and average weather conditions. Only sources that manufacture or treat pesticides, rodenticides, insecticides, herbicides, fungicides, or pharmaceuticals shall include emissions of air contaminants identified as falling within the categories in Table 3 in permit applications. When preparing an application, the owner or operator of a facility may rely on information in an approved material safety data sheet. Trace contaminants need not be reported if they constitute less than 1% (10,000 parts per million) of the material, or 0.1% (1,000 parts per million) of the material if the air contaminant is listed with a control requirement in column (i) of Table A, B or C of s.
NR 445.07, unless a hazardous air contaminant is formed in processing the material.
NR 407.05(4)(c)2.
2. Identification and description of all emissions points in sufficient detail to determine the applicable requirements to be included in an operation permit.
NR 407.05(4)(c)3.
3. Emission rates in tons per year and in terms necessary to demonstrate compliance with emission limitations consistent with the applicable reference test method.
NR 407.05(4)(c)4.
4. The following information to the extent that it is needed to determine or regulate emissions: types and amounts of fuels used, types and amounts of raw materials used, production rates and operating schedules.
NR 407.05(4)(c)5.
5. Identification and description of air pollution control equipment and compliance monitoring devices or activities.
NR 407.05(4)(c)6.
6. Limitations on source operations and any applicable work practice standards which affect emissions of any air contaminants.
NR 407.05(4)(c)7.
7. Other information necessary to determine any applicable requirement.
NR 407.05(4)(c)9.
9. The emissions units, operations and activities in subd.
9. a. to
o. shall be listed in the application but are exempt from being further included in any application required under this chapter:
NR 407.05(4)(c)9.a.
a. Any emissions unit, operation, or activity that has, for each air contaminant, maximum theoretical emissions that are less than the level specified in Table 3. Multiple emissions units, operations, and activities that perform identical or similar functions shall be combined in determining the applicability of the exemption under this subd.
9. a. NR 407.05(4)(c)9.b.
b. If the maximum theoretical emissions of any air contaminants listed in Table 3 from all emission units, operations, or activities at a facility are less than 5 times the level specified in Table 3 for those air contaminants, any emissions unit, operation, or activity that emits only those air contaminants.
NR 407.05(4)(c)9.c.
c. Maintenance of grounds, equipment and buildings, including lawn care, pest control, grinding, cutting, welding, painting, woodworking, general repairs and cleaning, but not including use of organic compounds as clean-up solvents.
NR 407.05(4)(c)9.f.
f. Internal combustion engines used for warehousing and material transport, forklifts and courier vehicles, front end loaders, graders and trucks, carts and maintenance trucks.
NR 407.05(4)(c)9.k.
k. Convenience space heating units with heat input capacity of less than 5 million Btu per hour that burn gaseous fuels, liquid fuels or wood.
NR 407.05(4)(c)10.
10. For any emissions unit, operation, or activity that is included in the application, the applicant does not need to include information on any air contaminant if the maximum theoretical emissions of the air contaminant are less than the level for that air contaminant listed in Table 3 or if the maximum theoretical emissions of any air contaminant listed in Table 3 from all emission units, operations, or activities at a facility are less than 5 times the level specified in Table 3 for that air contaminant. Multiple emissions units, operations, and activities that perform identical or similar functions shall be combined in determining the applicability of this exemption.
NR 407.05(4)(d)2.
2. Description of or reference to any applicable test method for determining compliance with each applicable requirement.
NR 407.05(4)(e)
(e) Other specific information that may be necessary to implement and enforce other requirements of the Act or to determine the applicability of the requirements.
NR 407.05(4)(f)
(f) An explanation of any proposed exemptions from otherwise applicable requirements.
NR 407.05(4)(g)
(g) Additional information necessary to define alternate operating scenarios pursuant to s.
NR 407.09 (2) (b), or to define permit terms and conditions implementing the permit flexibility provisions of s.
NR 407.025 or internal offset provisions of s.
NR 425.05.
NR 407.05(4)(h)1.
1. A description of the compliance status of the source with respect to all applicable requirements.
NR 407.05(4)(h)2.a.
a. For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with the requirements.
NR 407.05(4)(h)2.b.
b. For applicable requirements that will become effective during the permit term, a statement that the source will meet the requirements on a timely basis.
NR 407.05(4)(h)2.c.
c. For requirements for which a stationary source is not proposed to be in compliance at the time of permit issuance, a narrative description of how the source will achieve compliance with the requirements.
NR 407.05(4)(h)3.a.
a. For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with the requirements.
NR 407.05(4)(h)3.b.
b. For applicable requirements that will become effective during the permit term, a statement that the source will meet the requirements on a timely basis, unless a more detailed schedule is expressly required by the applicable requirement.
NR 407.05(4)(h)3.c.
c. A compliance schedule for sources which are not proposed to be in compliance with all applicable requirements at the time of permit issuance. The schedule shall include a series of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judgment, judicial consent decree or stipulation or administrative order to which the source is subject.
NR 407.05(4)(h)4.
4. A schedule for submission of progress reports, certified pursuant to par.
(j), no less frequently than every 6 months for stationary sources which are not in compliance with all applicable requirements on the date of permit issuance.
NR 407.05(4)(i)
(i) Requirements for compliance certification, including the following:
NR 407.05(4)(i)1.
1. A certification of the source's compliance status with all applicable requirements by a responsible official consistent with par.
(j).
NR 407.05(4)(i)2.
2. A description of the methods used for determining compliance, including a description of monitoring, recordkeeping and reporting requirements and test methods.
NR 407.05(4)(i)3.
3. A schedule for submission of compliance certifications during the permit term, to be submitted no less frequently than annually, or more frequently if specified by the underlying applicable requirement or by the department.
NR 407.05(4)(i)4.
4. A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements under section 114 (a) (3) of the Act (
42 USC 7414 (a) (3)).
NR 407.05(4)(j)
(j) Any application form, report or compliance certification submitted pursuant to this section shall require certification by a responsible official of the truth, accuracy and completeness of the submission. This certification and any other certification required under this chapter shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate and complete.
NR 407.05(5)
(5) The applicant shall use nationally-standardized forms for the portions of permit applications and compliance plans related to acid rain program requirements, as required by regulations promulgated under the acid rain program.
NR 407.05 Note
Note: These 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, or U.S. EPA, Region 5, 77 W Jackson Blvd, Chicago IL 60604.
NR 407.05(6)
(6) The applicant shall specifically identify all information in the permit application for which confidential status is sought and shall follow procedures in s.
285.70, Stats., and s.
NR 2.19 to request confidential status for that information. In addition to the submission of the complete application required under sub.
(2), an applicant requesting confidentiality shall also supply to the department the application with all confidential material redacted from forms and other materials that are submitted on paper. The applicant shall file one copy of all forms and other materials with all confidential material redacted if submitted in electronic format.
NR 407.05(7)
(7) Applications for general and registration operation permits shall be submitted on forms supplied by the department and shall include all information necessary to determine qualification for and ability to meet the applicable emission limitations and requirements of the general or registration operation permit.
NR 407.05(8)
(8) Notwithstanding sub.
(4) (intro.), the initial applications for existing, non-part 70 sources submitted pursuant to s.
NR 407.04 (1) and initial applications for new or modified sources for which no construction permit is required do not need to include the information in sub.
(4) (d),
(f),
(h) and
(i).
NR 407.05(9)
(9) An applicant who has failed to submit relevant facts or has submitted incorrect information in a permit application shall, after becoming aware of this fact, promptly submit the supplemental or corrected information. In addition, an applicant shall provide any additional information as necessary to address any requirements that become applicable after the date he or she filed a complete application, but prior to publication of a public notice under s.
285.62 (3) (c), Stats.
NR 407.05 History
History: Cr.
Register, December, 1984, No. 348, eff. 1-1-85; r. and recr.
Register, December, 1993, No. 456, eff. 1-1-94; am. (4) (b), (c) 1.,
Register, February, 1995, No. 470, eff. 3-1-95; r. and recr. (4) (h) 5.,
Register, April, 1995, No. 472, eff. 5-1-95; am. (4) (c) 1.,
Register, December, 1995, No. 480, eff. 1-1-96; am. (2), (4) (h) 2. c., 3. c. and 4., cr. (9) and (10),
Register, December, 1997, No. 504, eff. 1-1-98; am. (4) (c) 9. a. and Table 2,
Register, October, 1999, No. 526, eff. 11-1-99;
CR 02-097, am. (4) (c) 1., 9. a. and b. and 10., and Table 2, cr. Table 3,
Register June 2004, No. 582, eff. 7-1-04;
CR 04-107: am. (7)
Register August 2005 No. 596, eff. 9-1-05;
CR 09-020: am. (1), (2), (4) (e), (h) 5., (i) 4. and Table 2
Register January 2010 No. 649, eff. 2-1-10;
EmR1046: emerg. am. Table 3, eff. 12-15-10;
CR 10-144: am. Table 3
Register August 2011 No. 668, eff. 9-1-11;
CR 15-005: am. (4) (c) 1., 9. a., b., 10., r. Table 2, am. Table 3
Register November 2015 No. 719, eff. 12-1-15;
CR 19-015: am. (2), (6)
Register September 2020 No. 777, eff. 10-1-20.
NR 407.06(1)(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.
NR 407.06(2)
(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.
NR 407.06(3)
(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.
NR 407.06 History
History: Cr.
Register, December, 1993, No. 456, eff. 1-1-94; am. (2),
Register, December, 1997, No. 504, eff. 1-1-98.
NR 407.07(1)(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-part 70 sources.
NR 407.07(2)
(2) For applications for existing sources received by January 1, 1995, the department shall issue or deny the operation permit within 30 months after receiving a complete application.
NR 407.07(3)
(3) For applications for new or modified sources for which a construction permit is required under s.
285.60 (1) (a), Stats., and ch.
NR 406, the department shall:
NR 407.07(3)(a)
(a) Conduct the review, notification and publication, public comment and public hearing processes under s.
285.62 (3) to
(5), Stats., for the operation permit simultaneously with the similar processes under s.
285.61 (3) to
(7), Stats., for the construction permit.
NR 407.07(3)(b)
(b) Issue or deny the operation permit within 180 days after the application is considered to be complete or after the applicant submits to the department the results of all equipment testing and emission monitoring required under the construction permit, whichever is later.
NR 407.07(3)(c)1.1. Except as provided in subd.
3., for part 70 sources, if, when comparing the permit conditions and emissions allowed under the construction permit to the permit conditions and emissions that would be allowed under the proposed operation permit prepared pursuant to s.
285.62 (6), Stats., there will be a change that would require treatment as a significant permit revision under s.
NR 407.13, the department shall repeat the review, notification and publication, and public comment and public hearing processes under s.
285.62 (3),
(4) and
(5), Stats., with the new proposed conditions or higher levels of emissions prior to further processing of the permit.
NR 407.07(3)(c)2.
2. For non-part 70 sources, if, when comparing the permit conditions and emissions allowed under the construction permit to the permit conditions and emissions that would be allowed under the operation permit, there will be a change that would require treatment as a significant permit revision under s.
NR 407.13, the department shall repeat the review, notification and publication, public comment and public hearing processes under s.
285.62 (3),
(4) and
(5), Stats., with the new proposed conditions or higher levels of emissions prior to issuing the permit.
NR 407.07(3)(c)3.
3. Notwithstanding subd.
1., for permits issued to part 70 sources prior to EPA approval of Wisconsin's operation permit program under section 502 (d) of the Act (
42 USC 7661a (d)), if, when comparing the permit conditions and emissions allowed under the construction permit to the permit conditions and emissions that would be allowed under the operation permit, there will be a change that would require treatment as a significant permit revision under s.
NR 407.13, the department shall repeat the review, notification and publication, public comment and public hearing processes under s.
285.62 (3),
(4) and
(5), Stats., with the new proposed conditions or higher levels of emissions prior to issuing the permit.
NR 407.075
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 purposes of this section, emissions of GHG on a carbon dioxide equivalent basis shall be determined according to s.
NR 405.07 (9) (b).
NR 407.075 History
History: EmR1046: emerg. cr., eff. 12-15-10;
CR 10-144: cr.
Register August 2011 No. 668, eff. 9-1-11.
NR 407.08
NR 407.08 Dates by which permits are required. NR 407.08(1)(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 source in Table 1 of s.
NR 407.04 without an operation permit issued by the department.
NR 407.08(2)
(2) New or modified sources. Except as provided in ss.
285.60 (1) (a) 2. and
285.62 (8), Stats., no new or modified source which is required to obtain an operation permit under s.
285.60 (1) (b), Stats., and this chapter may operate without an operation permit issued by the department.
NR 407.08 History
History: Cr.
Register, December, 1993, No. 456, eff. 1-1-94; am. (2),
Register, December, 1997, No. 504, eff. 1-1-98.
