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) (2) Acid rain appeal procedures.

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 History History: 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 NR 409.12 Revisions of acid rain provisions.

NR 409.12(1) (1) General.

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.

NR 409.12(1)(d) (d) The standard requirements of 40 CFR 72.9 may not be modified or voided by a permit revision.

NR 409.12(1)(e) (e) Any request for a permit revision to incorporate a compliance option that was not submitted for approval and comment during the permit issuance process, or involving a change in a compliance option that was previously submitted, shall meet the requirements for applying for that compliance option under subpart D of 40 CFR part 72 and 40 CFR parts 74 and 76.

NR 409.12(1)(f) (f) For permit revisions not described in sub. (2) or (3), the department may, at its discretion, determine whether the revision request will be processed under sub. (2) or (3).

NR 409.12(1)(g) (g) Any designated representative who fails to submit any relevant information or who has submitted incorrect information in a permit revision shall, upon becoming aware of the failure or incorrect submittal, promptly submit the supplementary information or corrected information to the department.

NR 409.12(2) (2) Significant permit revisions.

NR 409.12(2)(a) (a) Applications for the following revisions shall be processed as significant permit revisions except as provided in sub. (4) (a) 11.:

NR 409.12(2)(a)1. 1. Relaxation of an excess emission offset requirement after approval of the offset plan by the administrator.

NR 409.12(2)(a)2. 2. Incorporation of a final nitrogen oxides alternative emission limitation pursuant to section 407 (d) of the act (42 USC 7651f(d)).

NR 409.12(2)(a)3. 3. Determinations concerning failed repowering projects under 40 CFR 72.44 (g) (1) (i) and (2).

NR 409.12(2)(b) (b) Requests for the following permit revisions shall be processed, at the option of the designated representative submitting the request for the permit revision, under either the significant permit revision procedures in par. (c) or under the fast-track revision procedures in sub. (3):

NR 409.12(2)(b)1. 1. Use of a compliance option that the designated representative did not submit for approval and comment during the permit issuance process, except that incorporation of a reduced utilization plan that does not designate a compensating unit, and that meets the requirements for phase I reduced utilization plans in 40 CFR 72.43, may be processed using the administrative permit revision procedures in sub. (4).

NR 409.12(2)(b)2. 2. Changes in a substitution plan or reduced utilization plan that result in the addition of a new substitution unit or a new compensating unit under the plan.

NR 409.12(2)(b)3. 3. Addition of a nitrogen oxides averaging plan to a permit.

NR 409.12(2)(b)4. 4. Changes in a phase I extension plan, phase II repowering extension plan, nitrogen oxides averaging plan, or nitrogen oxides compliance deadline extension.

NR 409.12(2)(c) (c) Requests for significant permit revisions shall be processed in accordance with s. 285.62, Stats., except that the department shall act on the majority of the requests for significant permit revisions within 9 months after receipt of a complete application.