NR 408.07 HistoryHistory: Cr. Register, May, 1993, No. 449, eff. 6-1-93; am. (intro.), Register, December, 1996, No. 492, eff. 1-1-97.

NR 408.08NR 408.08 Additional conditions for approval. For the department to approve a permit required or allowed under s. 285.60, Stats., and this chapter the following criteria shall be met:

NR 408.08(1)(1) All major sources owned or operated by the owner or operator of the proposed source, or by any entity controlling, controlled by, or under common control with the owner or operator, in the state are subject to emission limitations and are in compliance, or on a schedule for compliance, with all applicable emissions limitations and standards under the Act and chs. NR 400 to 499.

NR 408.08(2)(2) By means of an analysis of alternative sites, sizes, production processes and environmental control techniques for proposed new or modified stationary source, the owner or operator of the proposed stationary source or modification can demonstrate to the satisfaction of the department that the benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction or modification.

NR 408.08(3)(3) The administrator has not determined that the applicable implementation plan is not being adequately implemented for the nonattainment area in which the proposed stationary source or modification is to be constructed in accordance with the requirements of part D of title I of the Act (42 USC 7501 to 7515).

NR 408.08 HistoryHistory: Cr. Register, May, 1993, No. 449, eff. 6-1-93; am. (3), Register, December, 1996, No. 492, eff. 1-1-97; correction made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1996, No. 492.

NR 408.09(1)(1) The department shall notify all applicants within 20 days as to the completeness of the construction permit application or any deficiency in the application or information submitted. In the event of a deficiency, the date of receipt of the application shall be the date on which the department received all required information.

NR 408.09(2)(a)(a) Make a preliminary determination as to whether construction should be approved, approved with conditions or disapproved.

NR 408.09(2)(b)(b) Make available in at least one location in each area in which the proposed source would be constructed a copy of all materials the applicant has submitted, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination.

NR 408.09(2)(c)(c) Notify the public, by advertisement in a newspaper of general circulation in each area in which the proposed source would be constructed, of the application, the preliminary determination, a description of the amount and location of emission reductions that will offset the emissions increase from the new source, or significant net emissions increase from the modification; the determination of lowest achievable emission rate; and the opportunity for comment at a public hearing as well as for written public comment.

NR 408.09(2)(d)(d) Send a copy of the notice of the opportunity for public comment to the applicant, the administrator of the U.S. environmental protection agency, region 5, and officials and agencies having jurisdiction over the location where the proposed construction would occur, including any other state or local air pollution control agencies, the chief executives of the city and county where the source would be located, any comprehensive regional land use planning agency, and any state, federal land manager or Indian governing body whose lands may be affected by emissions from the source or modification.

NR 408.09(2)(e)(e) Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the source, alternatives to it, the control technology required and other appropriate considerations.

NR 408.09(2)(f)(f) Consider all written comments submitted within a time specified in the notice of public comment and all comments received at any public hearings in making a final decision on the approvability of the application. The department shall make all comments available for public inspection in the same locations where the department earlier made available preconstruction information relating to the proposed source or modification.

NR 408.09(2)(g)(g) Make a final determination as to whether construction should be approved, approved with conditions or disapproved.

NR 408.09(2)(h)(h) Notify the applicant in writing of the final determination and make the notification available for public inspection at the same locations where the department earlier made available preconstruction information and public comments relating to the source.

NR 408.09 HistoryHistory: Cr. Register, May, 1993, No. 449, eff. 6-1-93; am. (2) (intro.), Register, August, 2000, No. 536, eff. 9-1-00.

NR 408.10(1)(1) Any owner or operator who constructs or operates a stationary source or modification not in accordance with the application submitted under this chapter or with the terms of any approval to construct, or any owner or operator of a stationary source or modification subject to this chapter who commences construction after June 1, 1993 without applying for and receiving approval as described in this chapter, shall be subject to enforcement action and penalties as provided in ch. NR 494.

NR 408.10(2)(2) The approval to construct or modify a stationary source shall become invalid 18 months after the date a construction permit is issued by the department unless the permit specifies otherwise. The department may extend the 18 month period upon a satisfactory showing that an extension is justified unless otherwise specified in the construction permit.

NR 408.10(3)(3) The approval to construct does not relieve any owner or operator of the responsibility to comply fully with applicable provision of chs. NR 400 to 499 or any other requirements under local, state or federal law.

NR 408.10(4)(4) At the time that a particular source or modification becomes a major source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of ss. NR 408.04 to 408.09 and this section shall apply to the source or modification as though construction has not yet commenced on the source or modification.

NR 408.10(5)(5) For a project involving existing emissions units at a major stationary source, which does not have a PAL, in circumstances where the calculated difference between projected actual emissions using the method specified in s. NR 408.02 (28s) (b) 1. and 2., and baseline actual emissions does not exceed the level that is considered to be significant for the air contaminant, the owner or operator shall do the following as applicable:

NR 408.10(5)(a)(a) Before beginning actual construction of the project, document and maintain a record of all of the following:

NR 408.10(5)(a)2.2. Identification of the emissions unit or units whose emissions of a regulated NSR air contaminant could be affected by the project.

NR 408.10(5)(a)3.3. The calculation of the net emissions increase under s. NR 408.02 (23) (a) that was used to determine that the project is not a major modification for any regulated NSR air contaminant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under s. NR 408.02 (28s) (b) 2. and an explanation why the amount was excluded, and any netting calculations, if applicable.

NR 408.10(5)(b)(b) If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, provide a copy of the information in par. (a) to the department. Nothing in this paragraph shall be construed to require the owner or operator of the unit to obtain any determination from the department before beginning actual construction.