Chapter NR 407

NR 407.12 NR 407.12 Minor revisions.

NR 407.12(1) (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 the proposed change meets all of the following criteria:

NR 407.12(1)(a) (a) Does not violate any applicable requirement.

NR 407.12(1)(b) (b) Does not involve significant changes to existing monitoring, reporting or recordkeeping requirements in the permit.

NR 407.12(1)(c) (c) Does not require or change a source-specific determination of an emission limitation or other standard, a source-specific limitation based on ambient air impacts or a visibility or ambient air increment analysis.

NR 407.12(1)(d) (d) Does not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and which the source has accepted in its permit in order to avoid an applicable requirement to which it would otherwise be subject. This type of term or condition includes, but is not limited to:

NR 407.12(1)(d)1. 1. An emissions cap accepted by the source to avoid a previous change being classified as a modification under s. 285.01 (26), Stats., and rules promulgated thereunder.

NR 407.12(1)(d)2. 2. An alternative emission limit approved pursuant to regulations promulgated under section 112 (i) (5) of the Act (42 USC 7412 (i) (5)).

NR 407.12(2) (2) Acid rain. No minor permit revision may be requested or made to any acid rain provision of a permit.

NR 407.12(3) (3) Permittee’s request. A request for a minor permit revision shall be submitted using forms provided by the department and shall include the following:

NR 407.12(3)(a) (a) A description of the change, the effect on emissions resulting from the change, and any additional applicable requirements that will apply if the change occurs.

NR 407.12(3)(b) (b) The permittee’s suggested draft permit containing all applicable permit content elements under s. NR 407.09.

NR 407.12(3)(c) (c) Certification by a responsible official in accordance with s. NR 407.05 (4) (j) that the proposed revision meets the criteria in sub. (1).

NR 407.12(3)(d) (d) Completed forms for the department to use to notify EPA and the affected states of the proposed minor permit revision.

NR 407.12(4) (4) Schedule and procedures.

NR 407.12(4)(a) (a) Except as provided in s. NR 407.16, within 5 working days of receipt of a complete request for a minor permit revision, the department shall notify EPA, affected states, and those listed in s. 285.62 (3) (b) 2. to 5., Stats., of the request for minor permit revision. The department shall then accept comments on the proposed revision for 30 days, commencing on the date that notice is given. If an affected state has submitted comments in response to the notice and the department has not accepted those comments, the department shall notify that state and EPA in writing of its decision not to accept the comments and the reasons for that decision.

NR 407.12(4)(b) (b) The department may not act on a request for a minor permit revision until 45 days after providing notice of the requested revision to EPA or until EPA has notified the department that EPA will not object to issuance of the minor permit revision, whichever is first. Within 90 days of the department’s receipt of a complete request for a minor permit revision or 15 days after the end of EPA’s 45-day review period, whichever is later, the department shall do one of the following:

NR 407.12(4)(b)1. 1. Issue the minor permit revision as proposed.

NR 407.12(4)(b)2. 2. Deny the minor permit revision.

NR 407.12(4)(b)3. 3. If the department determines that the revision may not be issued as proposed but could be issued if it were amended, amend the draft permit revision, transmit the amended revision to EPA, affected states, and those listed in s. 285.62 (3) (b) 2. to 5., Stats., and process the amended proposed minor permit revision under this subsection.

NR 407.12(4)(c) (c) The permittee may make the change proposed in its request for a minor permit revision immediately after it files the request. After the permittee makes the change, and until the department takes any of the actions specified in par. (b), the permittee shall comply with both the applicable requirements governing the change and the permittee’s suggested draft new permit terms and conditions. During this time period, the permittee need not comply with the permit terms and conditions it is seeking to revise. However, if the permittee fails to comply with its suggested draft new permit terms and conditions during this time period, the existing permit terms and conditions it seeks to revise may be enforced against it. If the department determines that the proposed change may not be made pursuant to a minor permit revision, and the permittee has already made the change at the facility, the permittee shall be liable for any violations of the permit conditions it is requesting to be revised.

NR 407.12(5) (5) Permit shield. The permit shield under s. 285.62 (10) (b), Stats., may not be extended to minor permit revisions.

NR 407.12 History History: Cr. Register, December, 1993, No. 456, eff. 1-1-94; am. (4) (b), Register, December, 1996, No. 492, eff. 1-1-97; CR 04-106: am. (1) (intro.), cr. (e) Register November 2005 No. 599, eff. 12-1-05; CR 09-020: am. (1) (d) 2. Register January 2010 No. 649, eff. 2-1-10; CR 19-015: r. (1) (e) Register September 2020 No. 777, eff. 10-1-20.

NR 407.13 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 significant permit revisions shall comply with s. 285.62, Stats., and s. NR 407.05. The department shall use the procedures in s. 285.62, Stats., and ss. NR 407.07 and 407.09 when processing requests for significant revisions. The department shall process the majority of significant revisions within 9 months after receipt of a complete application.

NR 407.13 History History: Cr. Register, December, 1993, No. 456, eff. 1-1-94; am. Register, April, 1995, No. 472, eff. 5-1-95.

NR 407.14 NR 407.14 Permit revision by the department.

NR 407.14(1) (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 revise an operation permit for any of the following reasons:

NR 407.14(1)(a) (a) The permit needs to be revised to assure compliance with applicable requirements.

NR 407.14(1)(b) (b) There is a change in any applicable requirement, a new applicable requirement, or an additional applicable requirement, and there are 3 or more years remaining in the permit term.

NR 407.14(1)(c) (c) There is a change in any applicable emission limitation, ambient air quality standard or ambient air quality increment that requires either a temporary or permanent reduction or elimination of the permitted emission, and there are 3 or more years remaining in the permit term.

NR 407.14(1)(d) (d) The permit contains a material mistake or inaccurate or unclear statements.

NR 407.14(1m) (1m) Discretionary revisions. The department may revise an operation permit for any of the reasons listed in sub. (1), regardless of the years remaining in the permit term, or for any of the following reasons:

NR 407.14(1m)(a) (a) There is or has been a significant or recurring violation of any condition of the permit.

NR 407.14(1m)(b) (b) The permittee has misrepresented or failed to disclose fully all relevant facts when obtaining an operation permit.

NR 407.14(1m)(c) (c) There was a reconstruction, replacement or modification of the stationary source that did not require a construction permit under ch. NR 405, 406 or 408.

NR 407.14(1m)(d) (d) The permit contains a typographical error that does not substantively change the meaning of a permit condition.

NR 407.14(1m)(e) (e) A change in the applicable requirement is due to an addition of, or revision to, a hazardous air contaminant standard or control requirement in subch. II of ch. NR 445.

NR 407.14(1m)(f) (f) A decision by the department to establish an expiring term in a non-part 70 source operation permit as allowed in s. NR 407.09 (1) (b) 3.

NR 407.14(2) (2) Acid rain. Revisions to the acid rain provisions of the permit shall be governed by s. NR 409.12.

NR 407.14(3) (3) Procedures. The department shall use the procedures in s. 285.62, Stats., and s. NR 407.09 when processing revisions under this section unless the change is one described in s. NR 407.11 (1), in which case the procedures in s. NR 407.11 (3) (b) may be used. The department shall provide a written notice of intent to revise the permit to the permittee at least 30 days prior to initiating a permit revision under this section.

NR 407.14(4) (4) Timetable for issuance. Revisions under this section shall be issued within 180 days of giving notice under sub. (3).

NR 407.14(4)(a) (a) If the revision is being made to include a new applicable requirement in a permit, the department shall issue the revision under this section no later than 18 months after promulgation of the new applicable requirement. In cases where the effective date of the applicable requirement is later than the date on which the permit is due to expire, revision under this section is not required.

NR 407.14(4)(b) (b) The department may not issue a permit revision under this section until after the 45 day period EPA has to review the proposed action under s. 285.62 (6) (b), Stats., or until EPA has notified the department that EPA will not object to issuance of the revised permit, whichever is first.

NR 407.14(4)(c) (c) If the revision is being made to a general or registration operation permit, the department shall determine whether each individual source that is covered under the general or registration operation permit qualifies for coverage under the revised permit prior to issuing the revised permit.

NR 407.14 Note Note: This section covers individual operation permits, general operation permits and registration operation permits.

NR 407.14 History History: Cr. Register, December, 1993, No. 456, eff. 1-1-94; am. (2), Register, April, 1995, No. 472, eff. 5-1-95; am. (1) (intro.), renum. (1) (a), (b), (c), (d), (h), (f), (g) and (i) to be (1m) (a), (1) (a), (b), (c) and (d), (1m) (b), (c) and (d) and am. (1) (b) and (cr), cr. (1m) (intro.), Register, December, 1997, No. 504, eff. 1-1-98; CR 02-097: am. (1), cr. (1m) (e), Register June 2004 No. 582, eff. 7-1-04; CR 04-107: cr. (4) (c) Register August 2005 No. 596, eff. 9-1-05; CR 07-076: am. (1) (intro.) and (1m) (e) Register July 2008 No. 631, eff. 8-1-08; CR 15-005: cr. (1m) (f) Register November 2015 No. 719, eff. 12-1-15; CR 19-015: am. (1m) (d) Register September 2020 No. 777, eff. 10-1-20; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register September 2020 No. 777.

NR 407.15 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 days written notice to the owner or operator of a part 70 source and to the persons listed in s. 285.62 (3) (b) 2. to 7., Stats., the department may suspend, revoke, or withdraw a source from coverage under an operation permit, part of that permit, or the conditions of that permit. Permit suspension, revocation, or withdrawal from coverage may occur for any of the following reasons:

NR 407.15(1) (1) Violation. A significant or recurring violation of any condition of the permit which causes or exacerbates a violation of any ambient air quality standard or ambient air increment or which causes air pollution.

NR 407.15(2) (2) Misrepresentation or deliberate failure to disclose. Any misrepresentation or deliberate failure to disclose fully all relevant, significant facts when obtaining the permit.

NR 407.15(3) (3) Department determination. A determination by the department that the permit must be revoked or coverage withdrawn to assure compliance with the applicable requirements.

NR 407.15(4) (4) Request. A request by the permittee to suspend or revoke the permit.

NR 407.15(5) (5) Failure to pay fees. An intentional failure by the permittee to pay in full the fees required under ch. NR 410 or s. 285.69, Stats., except the department may not suspend or revoke the permit for failure to pay fees while those fees are being disputed under s. NR 410.04 (6) or s. 285.81, Stats.

NR 407.15(6) (6) Failure to file annual emission inventory reports. An intentional failure by the permittee to file annual air emission inventory reports required under s. NR 438.03.

NR 407.15(7) (7) Source shutdowns. A permanent shutdown of operations of a stationary source so that it no longer needs a permit. For shutdown of a non-part 70 source, upon confirmation obtained by the department that a non-part 70 source has been permanently shut down or at the request of the source permit holder, the department may revoke a non-part 70 source operation permit without providing 21 days written notice as otherwise required under this section.

NR 407.15(8) (8) Cause or exacerbate.

NR 407.15(8)(a) (a) A determination by the department that the emissions unit or units covered under a general or registration operation permit cause or exacerbate, or may cause or exacerbate, a violation of any ambient air quality standard or ambient air increment. The determination shall be made through an air quality assessment using the following procedures, as appropriate, which may be conducted after the determination that the source was covered under the general or registration operation permit.

NR 407.15(8)(a)1. 1. For general operation permits, the department shall use criteria, methodologies or modeling consistent with criteria, methodologies or modeling used for any air quality analysis conducted under s. NR 407.10 (1) (c).

NR 407.15(8)(a)2. 2. For registration operation permits, the department shall use an air dispersion model using maximum actual emissions on an annual or hourly basis or criteria, methodologies or modeling consistent with criteria, methodologies or modeling used for any air quality analysis conducted under s. NR 407.105 (1) (b).

NR 407.15(8)(b) (b) Notwithstanding a determination made under par. (a), the owner or operator will be deemed to be in compliance with the requirement to obtain an operation permit until the department takes final action on a subsequent application for an operation permit, if the application is submitted to the department by the owner or operator within 30 days after the department notifies the owner or operator of its determination under this subsection and the owner or operator is in compliance with the otherwise applicable general or registration operation permit from the time the determination is made under par. (a) until the department takes final action under this subsection.

NR 407.15 History History: Cr. Register, December, 1993, No. 456, eff. 1-1-94; am. (intro.), Register, December, 1996, No. 492, eff. 1-1-97; CR 04-107: am. (intro.) and (3), cr. (8) Register August 2005 No. 596, eff. 9-1-05; CR 15-005: am. (5) (intro.), (7) Register November 2015 No. 719, eff. 12-1-15; CR 19-015: am. (5) Register September 2020 No. 777, eff. 10-1-20.

NR 407.16 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, suspended or revoked without giving notice to affected states or EPA if the operation permit is for a source that is a non-part 70 source, or if the condition being revised is a requirement identified as not being federally enforceable under s. NR 407.09 (3) (b).

NR 407.16 History History: Cr. Register, December, 1993, No. 456, eff. 1-1-94; correction made under s. 13.92 (4) (b) 7., Stats., Register September 2020 No. 777.