Chapter NR 407

NR 407.04(1)(b)3. 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.

NR 407.04(2) (2) Permit renewal. Pursuant to s. 285.66 (3), Stats., a permittee shall apply for renewal of an operation permit at least 6 months before the permit expires. No permittee may continue operation of a source after the operation permit expires, unless the permittee submits a timely and complete application for renewal of the permit.

NR 407.04 Note Note: Under 40 CFR 70.5(a)(1)(iii), the renewal application must be submitted at least 6 months, but not more than 18 months before the permit expires.

NR 407.04(3) (3) Extensions and deferrals.

NR 407.04(3)(a) (a) Extensions for cause. An existing source may request and the department may grant an extension of not more than 60 days beyond the applicable date specified in sub. (1) (a) if all of the following conditions are met:

NR 407.04(3)(a)1. 1.

NR 407.04(3)(a)1.a. a. The extension is requested in writing at least 30 but no more than 90 days before the application is due.

NR 407.04(3)(a)1.b. b. The department may waive the 30 day requirement in subd. 1. a. if an emergency occurs that makes it impossible for the source to meet that deadline.

NR 407.04(3)(a)2. 2. The applicant demonstrates that the reason that they cannot meet the date specified in sub. (1) (a) is beyond their reasonable control.

NR 407.04(3)(a)3. 3. The extension does not extend the date that a complete application is due for a part 70 source beyond November 15, 1995.

NR 407.04(3)(b) (b) Deferral for sources proposing to become synthetic minor sources.

NR 407.04(3)(b)1. 1. If an existing source proposes to be permitted as a synthetic minor source in order to avoid being classified as a part 70 source, the owner or operator shall:

NR 407.04(3)(b)1.a. a. Submit a complete application for an operation permit for a non- part 70 source in accordance with s. NR 407.05 (4) and (8) by the date that a part 70 source permit application would be due for that source under the schedule in Table 1.

NR 407.04(3)(b)1.b. b. Submit information to show that the actual emissions of each air contaminant emitted by the source for the 2 most recent years prior to the submittal of the application for an operation permit were less than the corresponding thresholds for being classified a major source under s. NR 407.02 (4). If available, actual emissions, as reported to the department pursuant to ch. NR 438, shall be submitted.

NR 407.04(3)(b)1.c. c. Submit information to show that the source is a part 70 source solely due to its classification as a major source.

NR 407.04(3)(b)2. 2. The department shall review the application and determine whether the source may be permitted as a non-part 70 source and whether the source has demonstrated that the requirements of subd. 1. have been met. If the department determines that the source may be permitted as a non-part 70 source and the requirements of subd. 1. have been met, it shall process the application in accordance with s. 285.62, Stats., and ss. NR 407.07 and 407.09. If the department determines that the source may not be permitted as a non-part 70 source, the department shall notify the source of that determination. The owner or operator of the source shall then submit to the department a complete application for a part 70 source in accordance with s. NR 407.05 (4) by October 30, 1995.

NR 407.04(4) (4) Perchloroethylene dry cleaning facilities. Notwithstanding sub. (1), the owner or operator of any perchloroethylene dry cleaning facility that is not a major source or located at a major source as defined in s. NR 468.20 (2) (L), is not required to obtain a construction permit under ch. NR 406 and on which construction commenced prior to July 1, 1995, shall submit an operation permit application, on application forms available from the department, by July 1, 1996.

NR 407.04(5) (5) Halogenated solvent cleaning. Notwithstanding sub. (1) and except as provided in sub. (4), the owner or operator of any batch vapor or in-line cleaning machine as defined in s. NR 469.02 (3), (26) and (44) that uses any halogenated HAP solvent as a cleaning or drying agent and that is not a major source or located at a major source and on which construction commenced prior to April 1, 1997, shall submit an operation permit application for a part 70 source, on application forms available from the department, by the date that an operation permit application for a non-part 70 source would be due for that source under the schedule in Table 1.

NR 407.04(6) (6) Chromium electroplating and chromium anodizing operations. Notwithstanding sub. (1), the owner or operator of any facility which does hard or decorative chromium electroplating as defined in s. NR 463.02 (18) and (10) or chromium anodizing as defined in s. NR 463.02 (7) that is not a major source or located at a major source, is not required to obtain a construction permit under ch. NR 406, and on which construction commenced prior to October 1, 1997, shall submit an operation permit application for a part 70 source, on application forms available from the department, by the date that an operation permit application for a non-part 70 source would be due for that source under the schedule in Table 1.

NR 407.04(7) (7) Secondary aluminum processing units. Notwithstanding sub. (1), the owner or operator of any facility which has a secondary aluminum processing unit as defined in s. NR 463.12 (35) that is not a major source and is not required to obtain a construction permit under ch. NR 406, shall submit an operation permit application for a non-part 70 source on application forms available from the department no later than one year after January 1, 2009.

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 NR 407.05 Applications and forms.

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) (c) The following emissions-related information:

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)8. 8. The calculations on which the information contained in subds. 1. to 7. is based.

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.d. d. Boiler, turbine, generator, heating and air conditioning maintenance.

NR 407.05(4)(c)9.e. e. Pollution control equipment maintenance.

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.g. g. Fire control equipment.

NR 407.05(4)(c)9.h. h. Janitorial activities.

NR 407.05(4)(c)9.i. i. Office activities.

NR 407.05(4)(c)9.j. j. Convenience water heating.

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)9.L. L. Fuel oil storage tanks with a capacity of 10,000 gallons or less.

NR 407.05(4)(c)9.m. m. Stockpiled contaminated soils.

NR 407.05(4)(c)9.n. n. Demineralization and oxygen scavenging of water for boilers.

NR 407.05(4)(c)9.o. o. Purging of natural gas lines.

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) (d) The following air pollution control requirements:

NR 407.05(4)(d)1. 1. Citation and description of all applicable requirements.

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) (h) A compliance plan that contains all of the following:

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. 2. A description as follows:

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. 3. A compliance schedule as follows:

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)(h)5. 5. For affected sources, the acid rain program compliance plan elements required under section 408 of the Act (42 USC 7651g) and s. NR 409.09.

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(10) (10) All material statements, representations and certifications in a permit application shall be truthful. 

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 NR 407.06 Complete applications.

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.