NR 407.03(4)(a) (a) To be exempt under sub. (1) (ce) or (cm), records of the tons of grain received at the grain storage or processing facility per month.

NR 407.03(4)(b) (b) To be exempt under sub. (1) (d), records of the cubic yards of concrete produced by the Portland concrete batch plant per month.

NR 407.03(4)(c) (c) To be exempt under sub. (1) (g), (gm) or (h), records of the amounts used and VOC content of all VOC containing materials used at the facility per month.

NR 407.03(4)(d) (d) To be exempt under sub. (1) (o), records of the number of hours that the laboratory operates, the amounts, VOC content and hazardous air contaminant content of all materials used and the amount, type and sulfur content of all fuels used per month.

NR 407.03(4)(e) (e) To be exempt under sub. (1) (s), records of the daily gasoline throughput for the bulk plant.

NR 407.03(4)(f) (f) To be exempt under sub. (1) (w) or (x), records of the tons of material produced at a ledge rock quarry or sand mine per month, or for ledge rock quarries exempt for operating less than 365 days in a 5-year period, records indicating each day that the quarry operates.

NR 407.03 Note Note: Between January 1, 1994 and January 1, 1998, s. NR 407.03 (4) contained recordkeeping requirements which were less specific than those set forth in pars. (b) to (f). Compliance with the recordkeeping requirements in this subsection will be assessed based on the administrative rule in effect at the time.

NR 407.03 History History: Cr. Register, December, 1984, No. 348, eff. 1-1-85; cr. (2) (bm), r. and recr. (2) (d), am. (2) (e), Register, September, 1988, No. 393; eff. 10-1-88; am. (1) (a) (intro.), 1. to 3., (b), (g), (h), (o), (2) (a), (b), (bm), (c) 1. and 5., (d) and (e), Register, May, 1992, No. 437, eff. 6-1-92; am. (1) (intro.), (a) (intro.) and 5., (b) to (e), (2) (intro.), (a) to (c), cr. (1) (sm), (sq) and (u), (2) (f), (g), (3) to (5), r. (2) (c) 1. to 5., r. and recr. (2) (e), Register, December, 1993, No. 456, eff. 1-1-94; cr. (1) (v) to (z), Register, June, 1994, No. 462, eff. 7-1-94; am. (1) (sm) (intro.), 1. to 3., r. 5., renum. 6. to 10. to be 5. to 9. and am. 7. and 9., Register, September, 1994, No. 465, eff. 10-1-94; am. (2) (d), Register, December, 1994, No. 468, eff. 1-1-95; am. (1) (intro.), (2) (intro.), Register, April, 1995, No. 472, eff. 5-1-95; am. (1) (a) 5., r. and recr. (1) (k), r. (3) and (5), Register, June, 1995, No. 474, eff. 7-1-95; am. (1) (sm) (intro.), Register, August, 1995, No. 476, eff. 9-1-95; am. (1) (g), (h), (o), (2) (b) and (4), Register, December, 1995, No. 480, eff. 1-1-96; am. (1) (g), (sm) 9., Register, December, 1996, No. 492, eff. 1-1-97; am. (1) (i) and (j), Register, March, 1997, No. 495, eff. 4-1-97; cr. (1) (km), Register, September, 1997, No. 501, eff. 10-1-97; cr. (1) (ce), (cm), (t) 4., 5., (3), (4) (a) to (f); am. (1) (s), (sm) (intro.), (t) (intro.), 1. and (4), renum. (1) (t) 4. to be (1) (t) 6. and am., Register, December, 1997, No. 504, eff. 1-1-98; am. (1) (g), (h), (o), (2) (intro.), (e) and (g), Register, October, 1999, No. 526, eff. 11-1-99; cr. (1) (gm), am. (4) (intro.) and (c), Register, January, 2001, No. 541, eff. 2-1-01; CR 02-097: am (1) (sm) (intro.) and (2) (d) Register June 2004 No. 582, eff. 7-1-04; CR 04-107: r. (1) (c), am. (1) (ce) and (cm) Register August 2005 No. 596, eff. 9-1-05; correction in (1) (t) 6. made under s. 13.93 (2m) (b) 7., Stats., Register August 2005 No. 596; CR 06-047: cr. (1m) Register May 2007 No. 617, eff. 6-1-07; corrections in (1) (a) and (b) made under s. 13.93 (2m) (b) 7., Stats., Register May 2007 No. 617; CR 07-076: am. (2) (d) Register July 2008 No. 631, eff. 8-1-08; CR 09-020: am. (1) (g), (gm), (h), (o), (sm) (intro.), (sq), (1m) (a) 2., (2) (e), (f), (g), and (4) (intro.) Register January 2010 No. 649, eff. 2-1-10; CR 10-050: cr. (2) (be) Register November 2010 No. 659, eff. 12-1-10; 2011 Wis. Act 122: r. in part (2) (d) eff. 3-22-12; s. 35.17, Stats., correction in (1m) (a) 2., Register February 2014 No. 698; CR 15-005: renum. (1) (u) to (1) (u) (intro.) and am., cr. (1) (u) 1., 2., (1s) Register November 2015 No. 719, eff. 12-1-15; CR 19-015: am. (1) (intro.), cr. (1) (a) 4m., (bm), am. (1m) (a) 2., (c) 1., cr. (2) (ba), am. (2) (f), (g) Register September 2020 No. 777, eff. 10-1-20.

NR 407.04 NR 407.04 Permit application requirements. The owner or operator of an air contaminant source which is not exempt under s. 285.60 (5), Stats., or s. NR 407.03 shall submit an operation permit application or renewal application, in accordance with s. NR 407.05, by the dates specified in this section:

NR 407.04(1) (1) Initial filing dates. Except as provided under subs. (3) to (7), the initial operation permit application shall be submitted by one of the following dates:

NR 407.04 Note Note: Application forms may be obtained from the Department Regional Headquarter or Service Center offices or from the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921, Attention: operation permits.

NR 407.04(1)(a) (a) Existing sources, initial application. For initial applications for all existing sources, the date in the appropriate column of Table 1 for part 70 and non-part 70 sources corresponding to the county in which the source is located. Where the location of a source is in 2 or more counties, the date an application is due shall be the latest date listed for any of the counties in which the source is located. Any existing air contaminant source for which an application is submitted requesting that it be made a synthetic minor source is a part 70 source until a permit making that source a synthetic minor source is issued and, except as allowed in sub. (3), is subject to the filing dates listed for part 70 sources. If a source submits an application on or before the date specified in Table 1 and the department determines that the application is incomplete, the source shall have 30 days from the date that the department notifies the source of the incompleteness determination to complete the application.

NR 407.04(1)(b) (b) New and modified sources.

NR 407.04(1)(b)1. 1. In accordance with s. 285.62 (11) (b) 2., Stats., for new or modified sources for which a construction permit is required and which apply for a construction permit after November 15, 1992, the date that the application for the construction permit is filed.

NR 407.04(1)(b)2. 2. For new or modified sources for which a construction permit is required and which applied for a construction permit before November 15, 1992, a date at least 120 days prior to the expiration date of the construction permit.

NR 407.04(1)(b)3. 3. For new or modified sources for which no construction permit is required, a date before the source commences construction or modification. For purposes of determining the date of commencement of construction or modification, the exclusions provided in s. NR 406.03 (1e) shall apply.

NR 407.04(2) (2) Permit renewal. Pursuant to s. 285.66 (3), Stats., a permittee shall apply for renewal of an operation permit at least 6 months before the permit expires. No permittee may continue operation of a source after the operation permit expires, unless the permittee submits a timely and complete application for renewal of the permit.

NR 407.04 Note Note: Under 40 CFR 70.5(a)(1)(iii), the renewal application must be submitted at least 6 months, but not more than 18 months before the permit expires.

NR 407.04(3) (3) Extensions and deferrals.

NR 407.04(3)(a) (a) Extensions for cause. An existing source may request and the department may grant an extension of not more than 60 days beyond the applicable date specified in sub. (1) (a) if all of the following conditions are met:

NR 407.04(3)(a)1. 1.

NR 407.04(3)(a)1.a. a. The extension is requested in writing at least 30 but no more than 90 days before the application is due.

NR 407.04(3)(a)1.b. b. The department may waive the 30 day requirement in subd. 1. a. if an emergency occurs that makes it impossible for the source to meet that deadline.

NR 407.04(3)(a)2. 2. The applicant demonstrates that the reason that they cannot meet the date specified in sub. (1) (a) is beyond their reasonable control.

NR 407.04(3)(a)3. 3. The extension does not extend the date that a complete application is due for a part 70 source beyond November 15, 1995.

NR 407.04(3)(b) (b) Deferral for sources proposing to become synthetic minor sources.

NR 407.04(3)(b)1. 1. If an existing source proposes to be permitted as a synthetic minor source in order to avoid being classified as a part 70 source, the owner or operator shall:

NR 407.04(3)(b)1.a. a. Submit a complete application for an operation permit for a non- part 70 source in accordance with s. NR 407.05 (4) and (8) by the date that a part 70 source permit application would be due for that source under the schedule in Table 1.

NR 407.04(3)(b)1.b. b. Submit information to show that the actual emissions of each air contaminant emitted by the source for the 2 most recent years prior to the submittal of the application for an operation permit were less than the corresponding thresholds for being classified a major source under s. NR 407.02 (4). If available, actual emissions, as reported to the department pursuant to ch. NR 438, shall be submitted.