Chapter NR 407

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.

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 NR 407.07 Action on applications.

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) (c)

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 407.07 History History: Cr. Register, December, 1993, No. 456, eff. 1-1-94; CR 04-106: am. (3) (b) Register November 2005 No. 599, eff. 12-1-05; CR 09-020: am. (3) (c) 3. Register January 2010 No. 649, eff. 2-1-10.

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.

NR 407.09 NR 407.09 Permit content.

NR 407.09(1) (1) Standard permit requirements. Each permit issued under this chapter shall include, at a minimum, the following elements:

NR 407.09(1)(a) (a) Emission limitations and standards, including those operational requirements and limitations that are applied to assure compliance with all applicable requirements at the time of permit issuance, as follows:

NR 407.09(1)(a)1. 1. The origin of and authority for each limitation, standard or requirement shall be specified and referenced and any difference in form as compared to the applicable requirement upon which the limitation, standard or requirement is based shall be identified.

NR 407.09(1)(a)2. 2. Where an applicable requirement of the Act is more stringent than an applicable requirement of the acid rain program, both provisions shall be incorporated into the permit and shall be enforceable by the department and by EPA.

NR 407.09(1)(b) (b) The duration of the permit as follows:

NR 407.09(1)(b)1. 1. The term of a part 70 source operation permit may not exceed 5 years.

NR 407.09(1)(b)2. 2. The term of an operation permit issued to an affected source shall be fixed at 5 years.

NR 407.09(1)(b)3. 3. The term of a non-part 70 source operation permit does not expire unless the department specifies an expiring term in the permit upon considering any of the following:

NR 407.09(1)(b)3.a. a. Ongoing or recurring non-compliance or enforcement action taken by the department or the administrator.

NR 407.09(1)(b)3.b. b. A request by the permittee.

NR 407.09(1)(b)3.c. c. A determination by the department.

NR 407.09(1)(b)4. 4. The term specified by the department under subd. 3. for a non-part 70 source shall be at least 5 years from the date of the last issued initial or renewed operation permit. When establishing an expiration date, the department shall provide adequate time for the permit holder to prepare and submit a renewal application consistent with the timelines in s. NR 407.04 (2).

NR 407.09(1)(c) (c) Monitoring, related recordkeeping and reporting requirements, as follows:

NR 407.09(1)(c)1. 1. All applicable monitoring requirements, including:

NR 407.09(1)(c)1.a. a. All emissions monitoring, analysis procedures and test methods required under the applicable requirements.

NR 407.09(1)(c)1.b. b. Where the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring, periodic monitoring or testing sufficient to yield reliable data from the relevant time period that are representative of the stationary source’s compliance with the permit. Monitoring or testing requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement. Monitoring may consist of recordkeeping sufficient to meet the requirements of this subd. 1. b. Permits for non-part 70 sources shall contain the requirements in this subd. 1. b. only for those air contaminants emitted from an emissions unit, operation, or activity where the actual emissions exceed the levels in Table 3 in s. NR 407.05. Actual emissions used for this determination shall be those reported under ch. NR 438 for the most recent year prior to when the permit or renewal is issued.

NR 407.09(1)(c)1.c. c. As necessary, requirements concerning the use, maintenance, calibration and, where appropriate, installation of monitoring equipment or methods.

NR 407.09(1)(c)2. 2. All applicable recordkeeping requirements in s. NR 439.04.

NR 407.09(1)(c)3. 3. Reporting requirements consistent with all applicable requirements and including the following:

NR 407.09(1)(c)3.a. a. Submittal of reports required under s. NR 439.03 (1) (b).

NR 407.09(1)(c)3.b. b. Prompt reporting of deviations from and violations of permit terms and conditions in accordance with s. NR 439.03 (4), (5) and (6).

NR 407.09(1)(d) (d) A severability clause that states that, in the event of a successful challenge to any portion of the permit, all other portions of the permit remain valid and effective.

NR 407.09(1)(e) (e) A provision requiring the payment of fees required under ch. NR 410.

NR 407.09(1)(f) (f) Provisions stating the following:

NR 407.09(1)(f)1. 1. The permittee has the duty to comply with all conditions of the permit. Any noncompliance with the operation permit constitutes a violation of the statutes and is grounds for enforcement action; for permit suspension, revocation or revision; or for denial of a permit renewal application.

NR 407.09(1)(f)2. 2. It is not a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the permit.

NR 407.09(1)(f)3. 3. The permit may be revised, revoked or suspended for cause under this chapter. The filing of a request by the permittee for a permit revision or for revocation, or the filing of notification of planned changes under s. NR 407.025 or of anticipated noncompliance, does not stay any permit condition.

NR 407.09(1)(f)4. 4. The permit does not convey any property rights of any sort, or any exclusive privilege.

NR 407.09(1)(f)5. 5. The permittee shall furnish to the department, within a reasonable time specified by the department, any information that the department may request in writing to determine whether cause exists to revise, revoke or suspend the permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the department copies of records required to be kept pursuant to the permit.

NR 407.09(2) (2) Special permit requirements. Each permit issued under this chapter shall include the following elements if they are applicable to a stationary source:

NR 407.09(2)(a) (a) For affected sources, conditions prohibiting emissions exceeding any allowances that the source lawfully holds under the acid rain program, including allowances allocated directly to the source through the acid rain program, and allowances obtained through the emissions trading provisions of the acid rain program, subject to the following qualifications:

NR 407.09(2)(a)1. 1. No permit revision may be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that the increases do not require a permit revision under any other applicable requirement.

NR 407.09(2)(a)2. 2. No limit may be placed on the number of allowances that may be held by the stationary source.

NR 407.09(2)(a)3. 3. A stationary source may not use allowances as a defense to noncompliance with any applicable requirement other than the requirements of the acid rain program.

NR 407.09(2)(a)4. 4. Any acid rain allowance shall be accounted for according to the procedures established in the acid rain program.

NR 407.09(2)(b) (b) For those stationary sources which identify reasonably anticipated alternate operating scenarios in their applications, terms and conditions covering reasonably anticipated alternate operating scenarios that are approved by the department. The terms and conditions shall require all of the following:

NR 407.09(2)(b)1. 1. The permittee, contemporaneously with making a change from one operating scenario to another, shall record in a log at the permitted facility a record of the scenario under which it is operating.

NR 407.09(2)(b)2. 2. The source shall comply with all applicable requirements for each alternate operating scenario.

NR 407.09(2)(c) (c) For sources for which an internal offset has been approved by the department under s. NR 425.05, terms and conditions, if the permit applicant requests them, for the trading of emissions increases and decreases in the permitted facility, to the extent that the applicable requirements and internal offset approval allow for such trading without a case-by-case approval of each emissions trade.

NR 407.09(2)(d) (d) For stationary sources that have previously been issued an air pollution control permit, provisions consistent with any condition in that permit if the provisions are still applicable to that stationary source. Conditions which may be considered still applicable include, but are not limited to, the following:

NR 407.09(2)(d)1. 1. Any best available control technology or lowest achievable emission rate limitations established under ch. NR 405, 408 or 445 or pursuant to parts C or D of title I of the Act (42 USC 7470 to 7492 or 7501 to 7515).

NR 407.09(2)(d)2. 2. Any conditions that a permittee requested in order to avoid being considered a major source or major modification under ch. NR 405 or 408 or to avoid any other requirement that would otherwise be applicable to the source.

NR 407.09(2)(d)3. 3. Any source-specific emission limits contained in a permit under any applicable requirement.

NR 407.09(3) (3) Federally enforceable requirements.

NR 407.09(3)(a) (a) Except as provided in par. (b), all terms and conditions in an operation permit for a part 70 source, including any provisions designed to limit a stationary source’s potential to emit, are enforceable by the administrator under section 113 (a) of the Act (42 USC 7413 (a)) and citizens under section 304 of the Act (42 USC 7604).

NR 407.09(3)(b) (b) Notwithstanding par. (a), the department shall specifically designate as not federally enforceable under the Act any terms and conditions included in the permit that are not required under the Act, under any of the Act’s applicable requirements or under the state implementation plan.