NR 407.105(4)(e) (e) For the purpose of determining whether a source is eligible for coverage under a registration operation permit, the source’s emissions shall be calculated using the terms and conditions listed in the registration operation permit.

NR 407.105 Note Note: The permit terms and conditions may include capture and control efficiencies. The Air Emissions Management System (AEMS) requires the owner or operator of a source to calculate actual annual emissions for reporting to the inventory using the terms and conditions in a permit.

NR 407.105(5) (5) Construction or modification under a registration operation permit.

NR 407.105(5)(a) (a) No construction permit is required prior to commencing construction, reconstruction, replacement, relocation or modification of a stationary source if the facility is covered under a registration operation permit and the construction, reconstruction, replacement, relocation or modification will not result in the facility violating any term or condition of the registration operation permit.

NR 407.105(5)(b) (b) If a construction permit is required, the owner or operator shall obtain a construction permit under ch. NR 405, 406, or 408, as applicable. The owner or operator may not commence construction prior to receiving the construction permit. The owner or operator shall also apply for an individual operation permit, a revision of its individual operation permit or a general operation permit under this chapter.

NR 407.105 Note Note: The construction permit may be an individual, general or registration construction permit.

NR 407.105(6) (6) Application for a different permit.

NR 407.105(6)(a) (a) An owner or operator of a facility that is covered under a registration operation permit may submit a request to the department to withdraw the source from coverage under the registration operation permit and allow the facility to be covered under a general operation permit or be issued an individual operation permit. The owner or operator shall submit a written request for the withdrawal of the registration operation permit and a complete application for an individual or general operation permit under s. NR 407.05 or 407.10.

NR 407.105(6)(b) (b) An owner or operator of a facility that has an individual operation permit may submit a request to the department to revoke the individual operation permit pursuant to s. NR 407.15 and allow the facility to be covered under a registration operation permit. A complete application for a registration operation permit submitted under this section shall be considered a request for revocation of the existing individual operation permit.

NR 407.105(6)(c) (c) An owner or operator of a facility that is covered under a general operation permit may submit a request to the department to withdraw coverage under the general operation permit and allow the facility to be covered under a registration operation permit. A complete application for a registration operation permit submitted under this section shall be considered a request for withdrawal of coverage under the general permit.

NR 407.105(6)(d) (d) The owner or operator shall submit a request for revocation or withdrawal of an operation permit under this subsection on department approved forms.

NR 407.105 Note Note: Contact the regional offices or service centers of the department or the Permits and Stationary Source Modeling Section of the Bureau of Air Management, 608-266-7718, for information on how to obtain and submit the department approved forms.

NR 407.105(6)(e) (e) The owner or operator of a facility submitting an application for a different permit under this subsection shall comply with the existing permit until the department has issued or granted coverage under the different permit.

NR 407.105(7) (7) Additional provisions related to registration operation permits.

NR 407.105(7)(a) (a) An owner or operator of a facility operating in compliance with a registration operation permit shall be deemed to be in compliance with the applicable requirements in chs. NR 400 to 499 if the owner or operator conducts a reasonable search and evaluation to identify applicable requirements and to determine whether the facility is meeting the applicable requirements, is operating in compliance with these applicable requirements and complies with par. (b). A reasonable search and evaluation includes a search and evaluation of chs. NR 400 to 499, and shall include a reasonable effort to review other readily accessible information relevant to the facility’s operations, such as data bases, workshops and materials available through trade associations, vendors, the department’s small business clean air assistance program, the U.S. environmental protection agency and other recognized sources of information on air regulations. The owner or operator shall document, in writing, the results of the search and evaluation and shall keep the documents at the facility for inspection upon request for as long as the facility is covered under the registration operation permit.

NR 407.105(7)(b) (b) The owner or operator will not be deemed to be out of compliance with the applicable requirements in chs. NR 400 to 499 if an applicable requirement that was previously not identified through the search and evaluation described in par. (a) is later identified, if the owner or operator does all of the following:

NR 407.105(7)(b)1. 1. Submits written notification to the department within 21 days of identifying the applicable requirement.

NR 407.105(7)(b)2. 2. Certifies that the facility is in compliance with the applicable requirement no later than 90 days after notifying the department. If requested, the department may extend the deadline for achieving compliance.

NR 407.105(7)(b)3. 3. Submits documentation to demonstrate that the search and evaluation that was conducted prior to identifying the applicable requirement was reasonable.

NR 407.105(7)(c) (c) Notwithstanding par. (b), the department retains the authority to order the owner or operator to achieve compliance with the applicable requirements within a specific time period shorter than the 90 calendar days whenever compliance in the shorter period of time is feasible and necessary to protect public health and the environment.

NR 407.105 Note Note: Contact the Compliance and Enforcement Section of the Bureau of Air Management, 608-266-7718, for information on submitting the notification.

NR 407.105 History History: CR 04-107: cr. Register August 2005 No. 596, eff. 9-1-05; correction in (7) (a) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673; correction in (7) (a) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674; correction in (3) (a) made under s. 13.92 (4) (b) 7., Stats., Register February 2014 No. 698; CR 15-005: r. (4) (f), am. (6) (b), (c) Register November 2015 No. 719, eff. 12-1-15; CR 19-015: am. (3) (b) Register September 2020 No. 777, eff. 10-1-20.

NR 407.107 NR 407.107 Petitions for issuance of general operation permits and registration operation permits.

NR 407.107(1) (1) A person may petition the department to make a determination that a category of stationary source meets the criteria for a general operation permit under s. 285.60 (3), Stats., and s. NR 407.10 (1). A person may petition the department to make a determination that a stationary source meets the criteria for a registration operation permit under s. 285.60 (2g), Stats., and s. NR 407.105 (1) and (2) (b). The department may consider the number of sources that would be eligible for the permit, the complexity of air regulations applicable to the sources, the likelihood that sources would need source-specific emission limitations and other factors in determining its priority for developing a general or registration operation permit. Within 30 days after receipt of the petition, the department shall provide a written response to the petitioner granting or denying the petition. If the department grants the petition, the department shall issue the general operation permit or the registration operation permit as soon as practicable, but no later than 365 days after receipt of the petition.

NR 407.107(2) (2) The person shall submit the petition using department approved petition forms.

NR 407.107 Note Note: Contact the regional offices or service centers of the department or the Permits and Stationary Source Modeling Section of the Bureau of Air Management, 608-266-7718, for information on how to obtain and submit the department approved forms.

NR 407.107 History History: CR 04-107: cr. Register August 2005 No. 596, eff. 9-1-05.

NR 407.11 NR 407.11 Administrative permit revisions.

NR 407.11(1) (1) Eligibility. Upon request of a permittee, the department may revise an operation permit administratively using the procedures in this section if the revision requested is one of the following: