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.