Chapter NR 410

Chapter NR 410

AIR PERMIT, EMISSION AND INSPECTION FEES

NR 410.01   Applicability; purpose.

NR 410.02   Definitions.

NR 410.03   Application and review fees.

NR 410.04   Annual emission fee.

NR 410.05   Asbestos abatement project permit exemption review and inspection fees.

NR 410.06   Severe ozone nonattainment area major source fee.

Ch. NR 410 Note Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1996, No. 492.

NR 410.01 NR 410.01 Applicability; purpose.

NR 410.01(1) (1) Applicability. This chapter applies to all owners or operators of air contaminant sources and to any other person who may be required to pay a fee under s. 285.69, Stats.

NR 410.01(2) (2) Purpose. The purpose of this chapter is to establish, pursuant to s. 285.69, Stats., the requirements and the procedures for the payment of application fees and emission fees by persons who are required to obtain construction or operation permits for air contaminant sources, application fees by persons who request a determination of exemption from the requirement to obtain an air pollution control permit and asbestos inspection fees by persons responsible for nonresidential asbestos demolition and renovation projects.

NR 410.01 History History: Renum. from NR 410.01 and 410.02, Register, September, 1986, No. 369, eff. 10-1-86; am. Register, October, 1991, No. 430, eff. 11-1-91; am. (2), Register, May, 1993, No. 449, eff. 6-1-93; am. (2), Register, February, 1995, No. 470, eff. 3-1-95.

NR 410.02 NR 410.02 Definitions. The definitions contained in ch. NR 400 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter:

NR 410.02(2) (2) “Emissions offset” means the reduction of emissions from existing sources to compensate for the increase in emissions from the construction, reconstruction, replacement or modification and operation of the source which is the subject of the permit application.

NR 410.02(3) (3) “Environmental analysis” has the meaning given in s. NR 150.03 (8).

NR 410.02(4) (4) “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).

NR 410.02(5) (5) “MACT” means maximum achievable control technology for hazardous air pollutant emissions as promulgated by the EPA under section 112 (d) of the act (42 USC 7412 (d)) or established by the department under section 112 (g) of the act (42 USC 7412 (g)).

NR 410.02(6) (6) “Minor source” means any direct source which is not a major source as defined in s. NR 407.02 (4).

NR 410.02(7) (7) “Non-part 70 source” has the meaning given in s. NR 407.02 (5).

NR 410.02(8) (8) “Part 70 source” has the meaning given in s. NR 407.02 (6).

NR 410.02 History History: Cr. Register, April, 1984, No. 340, eff. 5-1-84; renum. from NR 410,03, Register, September, 1986, No. 369, eff. 10-1-86; renum. (1), (4) and (5) to be NR 400.02 (5e), (53e) and (53s), am. (3), r. (7), Register, April, 1988, No. 388, eff. 5-1-88; cr. (4), Register, May, 1993, No. 449, eff. 6-1-93; am. (intro.), Register, February, 1995, No. 470, eff. 3-1-95; cr. (5), r. and recr. (6), Register, June, 1995, No. 474, eff. 7-1-95; am. (4), Register, December, 1995, No. 480, eff. 1-1-96; am. (6), Register, December, 1996, No. 492, eff. 1-1-97; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2001, No. 541; CR 10-047: cr. (7), (8) Register December 2010 No. 660, eff. 1-1-11; CR 13-022: am. (3) Register March 2014 No. 699, eff. 4-1-14.

NR 410.03 NR 410.03 Application and review fees.

NR 410.03(1) (1) Basic direct source fees.

NR 410.03(1)(a) (a) Each person submitting an application for an individual construction permit for a direct source shall pay the applicable basic fee in this paragraph and shall submit a $7,500 initial fee with the application. The initial fee shall be subtracted from the final fee required under this section and may not be refunded, except as provided in sub. (4). If the department determines that a permit is not required, the individual permit application shall be treated as an application or request under par. (b), and the appropriate fee under par. (b) shall be charged. In the event that an applicant chooses to apply for coverage under either a general or registration construction permit, the individual permit application shall be treated as an application or request under par. (am) or (as) and the appropriate fee under par. (am) or (as) shall be charged. The basic fees are as follows:

NR 410.03(1)(a)1. 1. $3,000 if the application is not reviewed under ch. NR 405 or 408, and the application is for a new facility or for an emissions unit to be located at a minor source.

NR 410.03(1)(a)2. 2. $7,500, for a modification not defined as major in s. NR 405.02 (21) or 408.02 (20), when the application is for an emissions unit to be located at a major source as defined in s. NR 407.02 (4).

NR 410.03(1)(a)3. 3. $12,000, for a major modification as defined in s. NR 405.02 (21) or 408.02 (20), unless the emissions unit is a major stationary source as defined in s. NR 405.02 (22) or a major source as defined in s. NR 408.02 (21).

NR 410.03(1)(a)4. 4. $16,000, for a major stationary source as defined in s. NR 405.02 (22) or a major source as defined in s. NR 408.02 (21).

NR 410.03 Note Note: Subdivision 4. applies to both construction of a new facility and to construction of an emissions unit which itself constitutes a major source and is to be located at an existing facility.

NR 410.03(1)(a)8. 8. $12,000, per air contaminant regulated under a plant-wide applicability limitation, when establishing a plant-wide applicability limitation under s. NR 406.035 (1).

NR 410.03(1)(a)9. 9. $6,000 for the increase of a plant-wide applicability limitation under s. NR 405.18 (11) or 408.11 (11).

NR 410.03(1)(a)10. 10. $6,000 for the distribution of allowable limits upon expiration of a plant-wide applicability limitation under s. NR 406.035 (2).

NR 410.03(1)(ae) (ae) Each person requesting a revision of a construction permit shall pay a fee of $1,500 which shall be submitted with the request, unless the only reason for the revision is to make the source eligible for a registration operation permit.

NR 410.03(1)(am) (am) Each person applying for coverage under a general construction permit issued for a part 70 source under s. NR 406.16 shall pay a fee of $3,000 which shall be submitted with the application for coverage.

NR 410.03(1)(as) (as) Each person applying for coverage under a registration construction permit issued for a part 70 source under s. NR 406.17 shall pay a fee of $1,500 which shall be submitted with the application for coverage.

NR 410.03(1)(b) (b) Each person submitting a claim of, or an application for exemption, or otherwise requesting a determination of exemption under ch. NR 406 shall pay the following applicable fee which shall be submitted with the claim, application, or request:

NR 410.03(1)(b)1. 1. $1,250, for a determination of exemption under s. NR 406.04 (1) (i).

NR 410.03(1)(b)2. 2. $1,500 for a determination of exemption under s. NR 406.04 (1f) for a modification to a stationary source which is regulated by a plant-wide applicability limitation, except that if a detailed air quality modeling analysis of the projected air quality impact is completed, the fee shall be $2,400.

NR 410.03(1)(b)3. 3. $5,500 for a determination of exemption under s. NR 406.04 (1k), except that if a detailed air quality modeling analysis of the projected air quality impact is completed, the fee shall be $6,500.

NR 410.03(1)(b)3m. 3m. Any person submitting a claim for a construction permit exemption under s. NR 406.04 (1q) shall pay a fee of $1,250 which shall be submitted with the claim.

NR 410.03(1)(b)4. 4. $500 for a determination of exemption under s. NR 406.04 not included in subd. 1. to 3m.

NR 410.03(1)(bm) (bm) Any person requesting a waiver of construction permit requirements under s. 285.60 (5m), Stats., or s. NR 406.03 (2) shall submit under s. 285.69 (1d), Stats., a $300 fee with the request. The fee is non-refundable.

NR 410.03(1)(c) (c) The basic fees in par. (a) shall be reduced by $150 if the permit applicant publishes the class 1 newspaper notice required under s. 285.61 (5) (c), Stats.

NR 410.03(1)(e) (e) When a construction permit application is received for a source where the basic emissions unit, which is not a portable source, is to be installed at one specified facility and, in the same application, a request is also made to issue construction permits to allow installation of the same basic emissions unit at other facilities at different locations and all the facilities for which construction permits are requested are under common ownership or control, the permit applicant shall pay the basic fee specified in par. (a) plus the additional fees in sub. (2). The fee for each additional construction permit at different locations shall be $1,000 each, plus the fees in sub. (2) except when the action specified in sub. (2) has been completed for one location and a separate action as set forth in sub. (2) is not required for each additional permit at each different location. When an action covered under sub. (2) must be completed for applications at more than one location, the fee in sub. (2) shall be charged for each time the action is completed.

NR 410.03(2) (2) Additional direct source fees. Each person submitting an application for an individual construction permit for a direct source shall pay all the following additional fees which apply:

NR 410.03(2)(a) (a) $800 per basic emissions unit if review and analysis of 2 or more basic emissions units is required.

NR 410.03(2)(b) (b) $2,500, if an analysis of alternatives under s. NR 408.08 (2) is required.

NR 410.03(2)(c) (c) $5,000, if an emission offset under ch. NR 408 or the determination of a net emissions increase under ch. NR 405 is required.

NR 410.03(2)(d) (d) $4,500, for each case-by-case determination of maximum achievable control technology (MACT), best available control technology (BACT) or lowest achievable emission rate (LAER). This does not apply to BACT or LAER determinations made under ch. NR 445.

NR 410.03(2)(e) (e) $1,000, for a minor source or minor modification to a major source whose projected air quality impact requires a detailed air quality modeling analysis.

NR 410.03(2)(f) (f) $4,500, for any source, other than a minor source or minor modification to a major source, whose projected air quality impact requires a detailed air quality modeling analysis.

NR 410.03(2)(g) (g) $1,000, if the source is subject to an emission limitation under chs. NR 446 to 469, or if the permit establishes an emission limit for a hazardous air contaminant listed in Table A, B or C of s. NR 445.07.

NR 410.03(2)(h) (h) If the construction permit requires emission testing, $2,500 for the first air contaminant tested and $1,250 for each additional air contaminant tested up to a maximum of $6,000. If the department later finds that some or all of the tests are not required, the corresponding fees shall be refunded.

NR 410.03(2)(i) (i) $1,500, if an environmental analysis under ch. NR 150 is required.

NR 410.03(2)(j) (j) $1,500, if a public hearing is held at the request of the applicant or the applicant’s agent.

NR 410.03(2)(k) (k) $600 for each basic emissions unit at a source which requires an emission limit determination under s. NR 424.03 (2) (c).

NR 410.03(2)(L) (L) $2,000 for each case-by-case determination of best available control technology (BACT) or lowest achievable emission rate (LAER) required under ch. NR 445. If the department makes a single BACT or LAER determination addressing the control of multiple air contaminants, the source shall be billed for only one BACT or LAER determination under this paragraph.

NR 410.03(2)(m) (m) $3,500, if specific permit conditions limiting the potential to emit are required to make the source a minor source or to make the modification a minor modification.

NR 410.03(2)(n) (n) $3,500, for a medical waste incinerator requiring review of a needs and siting analysis under s. 285.63 (10), Stats.

NR 410.03(2)(o) (o) If the applicant requests, in writing, that the permit be issued in a shorter time interval than the time interval allowed under s. 285.61, Stats., and the department is able to comply with the request:

NR 410.03(2)(o)1. 1. $5,000, for an application not subject to review under ch. NR 405 or 408 if the permit is issued within 50 days of receipt of a complete application.