NR 409.10(1)(a)(a) Each acid rain portion of an operation permit, including any draft or proposed acid rain portion of an operation permit, shall contain the following elements:

NR 409.10(1)(a)1.1. All elements required for a complete acid rain portion of an operation permit application under s. NR 409.08 (2), as approved or adjusted by the department.

NR 409.10(1)(b)(b) Each acid rain portion of an operation permit is deemed to incorporate the definitions of terms under s. NR 409.02, chs. NR 400, 406 and 407, and the definitions in title IV of the act (42 USC 7651 to 7651o).

NR 409.10(2)(2) Permit shield. Each affected unit operated in accordance with the acid rain portion of an operation permit that governs the unit and that was issued in compliance with title IV of the act (42 USC 7651 to 7651o), as provided in this chapter, 40 CFR parts 72, 73, 74, 75, 76, 77 and 78 and the regulations implementing section 407 of the act (42 USC 7651f), shall be deemed to be operating in compliance with the acid rain program, except as provided in s. NR 409.06 (7) (f).

NR 409.11(1)(a)(a) Permit issuance deadline and effective date.

NR 409.11(1)(a)1.1. On or before December 31, 1997, the department shall issue an operation permit with a phase II acid rain portion to each affected source whose designated representative submitted a timely and complete application for the acid rain portion of its operation permit by January 1, 1996 in accordance with s. NR 409.07 (1) and which meets the requirements of this chapter and ch. NR 407.

NR 409.11(1)(a)2.2. Not later than January 1, 1999, for each unit subject to an acid rain NOx emissions limitation, the department shall begin the process of amending the acid rain portion of an operation permit under s. NR 409.12 (4) to add any NOx early election plan that was approved by the administrator under 40 CFR 76.8 and has not been terminated and begin the process of amending the acid rain portion of the permit to add the acid rain program nitrogen oxides requirements; provided that the designated representative of the affected source submitted a timely and complete acid rain portion of an operation permit application for nitrogen oxides in accordance with s. NR 409.07 (1). The amending may not affect the term of the acid rain portion of an operation permit.

NR 409.11(1)(a)3.3. Each acid rain portion of an operation permit issued in accordance with this chapter shall have a term of 5 years commencing on its effective date, provided that, at the discretion of the department, the first acid rain portion of an operation permit for Phase II may have a term of less than 5 years where necessary to coordinate the term of the permit with the term of an operation permit issued by the department to the source. Each acid rain portion of an operation permit issued in accordance with subd. 1. shall take effect by the later of January 1, 2000 or, where the permit governs a unit under s. NR 409.01 (1) (a) 3., the deadline for monitor certification under 40 CFR part 75.

NR 409.11(1)(a)4.4. The acid rain portion of an operation permit shall be binding on any new owner or operator or designated representative of any source or unit governed by the permit.

NR 409.11(1)(b)(b) Acid rain portion of an operation permit requirements. Each acid rain portion of an operation permit shall contain all applicable acid rain requirements, shall be a portion of the operation permit that is complete and segregable from all other air quality requirements and may not incorporate information contained in any other documents, other than documents that are readily available.

NR 409.11(2)(a)(a) Appeals of the acid rain portion of an operation permit issued by the department that do not challenge or involve decisions or actions of the administrator under 40 CFR parts 72, 73, 74, 75, 76, 77 and 78 shall be conducted according to the procedures in ch. NR 407 and ss. 285.13 (1), 285.81 and 227.40 to 227.60, Stats. The permit shield under s. NR 409.10 (2) shall continue to be in effect during the appeal process. Appeals of the acid rain portion of a permit that challenge or involve decisions or actions of the administrator shall follow the procedures under 40 CFR part 78 and section 307 of the act (42 USC 7607). Decisions or actions include, but are not limited to, allowance allocations, determinations concerning alternative monitoring systems and determinations of whether a technology is a qualifying repowering technology.

NR 409.11(2)(b)(b) No state administrative or judicial appeal of the acid rain portion of an operation permit may be allowed to commence more than 30 days following issuance of the acid rain portion of an operation permit, as provided by ss. 285.81 and 227.53, Stats.

NR 409.11(2)(c)(c) The administrator may intervene as a matter of right in any state administrative appeal of an acid rain portion of an operation permit or denial of an acid rain portion of an operation permit.

NR 409.11(2)(e)(e) The department shall serve written notice on the administrator of any state administrative or judicial appeal concerning an acid rain provision of any operation permit or denial of an acid rain portion of any operation permit within 30 days of the filing of the appeal.

NR 409.11(2)(f)(f) The department shall serve written notice on the administrator of any determination or order in a state administrative or judicial proceeding that interprets, modifies, voids or otherwise relates to any portion of an acid rain portion of an operation permit.

NR 409.11 HistoryHistory: Cr. Register, April, 1995, No. 472, eff. 5-1-95; am. (2) (a), Register, December, 1996, No. 492, eff. 1-1-97; am. (1) (a) 1., 3., (2) (a) and (f), r. (1) (c) and (2) (d), Register, November, 1999, No. 527, eff. 12-1-99.

NR 409.12(1)(a)(a) This section governs revisions to the acid rain portion of any operation permit issued by the department under ch. NR 407. Any determination or interpretation by the department or by the state, including a state court, modifying or voiding any provision of the acid rain portion of an operation permit shall be subject to review by the administrator in accordance with 40 CFR 70.8 (c) as applied to permit modifications, unless the determination or interpretation is an administrative revision approved in accordance with 40 CFR 72.83 and sub. (4).

NR 409.12(1)(b)(b) A request for a permit revision may be submitted to the department at any time. No permit revision may affect the duration of the permit to be revised. No permit revision may excuse any violation of an applicable requirement of the acid rain program that occurred prior to the effective date of the revision.

NR 409.12(1)(c)(c) The terms of the acid rain portion of the operation permit shall apply while the request for a permit revision is pending, except as provided in sub. (4) for administrative permit revisions.