NR 406.08NR 406.08 Action on permit applications. NR 406.08(1)(1) This section applies to actions on permits for which applications are received on or after August 1, 2015. This section does not apply to actions on applications for permits where the source commences construction, reconstruction, replacement, relocation, or modification prior to issuance of a construction permit. This section does not apply to construction permits which are subject to the notice, comment, and hearing provisions of s. 293.43, 295.45, or 295.57, Stats. NR 406.08(2)(a)(a) The department shall make a determination under s. 285.61 (8), Stats., on a permit application within 205 business days of receipt of a complete application for construction or modification of a major stationary source as defined in s. NR 405.02 (22) or a major source as defined in s. NR 408.02 (21), unless compliance with s. 1.11, Stats., requires a longer time. For a major source that is located in an attainment area, the department shall complete its responsibilities under s. 1.11, Stats., within one year. NR 406.08(2)(b)(b) The department shall make a determination under s. 285.61 (8), Stats., on a permit application within 145 business days of receipt of a complete application for construction or modification of any stationary source not described in par. (a), unless compliance with s. 1.11, Stats., requires a longer time. NR 406.08(3)(3) If the department does not make a determination within the applicable time period specified in sub. (2), the department may not impose an application fee for the permit under s. NR 410.03, and shall refund any application fee submitted with the application. NR 406.08(4)(a)(a) The Forest County Potawatomi Community shall have the opportunity to review best available control technology (BACT) or maximum achievable control technology (MACT) determinations made by the department for any new or modified source that is either of the following: NR 406.08(4)(a)1.1. Wholly or partially locating or located within a radius of 22.25 miles from the geographic center of the FCPC Class I area, as identified in s. NR 400.02 (66m). NR 406.08(4)(a)2.2. Wholly or partially locating or located within 62 miles of the FCPC Class I area, and has a modeled impact exceeding 1 microgram per cubic meter averaged over any 24-hour period for mercury or for any regulated pollutant that has an ambient air quality standard in s. NR 404.04. NR 406.08(4)(b)(b) Disagreements between the department and the Forest County Potawatomi Community regarding BACT or MACT determinations are subject to dispute resolution but the department shall act on a permit application according to time period requirements under ss. 285.61 and 285.62, Stats. NR 406.08 NoteNote: The geographic center of the FCPC Class I area, as identified in s. NR 400.02 (66m), was determined by finding the center of a rectangle placed around the outer most portions of the Class I area. The 22.25-mile radius was determined by adding 10 miles to the distance of the outermost portion of the FCPC Class I area from the geographic center of the FCPC Class I area. NR 406.08 NoteThe Department has determined that any source wholly located outside of a circle with a radius of 74.25 miles from the geographic center of the FCPC Class I area is not within 62 miles of the FCPC Class I area. The 74.25-mile radius was determined by adding 62 miles to the distance of the outermost portion of the FCPC Class I area from the geographic center of the FCPC Class I area. It is the Department’s intent that this circle be used as a screening tool for determining applicability of this subsection, and evidence that a source is wholly outside of this circle will be accepted as proof that the source is not within 62 miles of the FCPC Class I area.
NR 406.08 NoteThe relationship between the State of Wisconsin and the Forest County Potawatomi Community with regard to the FCPC Class I area is established in a 1999 Class I Final Agreement. Dispute resolution follows a process agreed to by the Department and the Forest County Potawatomi Community pursuant to the Final Agreement.
NR 406.08 NoteThe Final Agreement and a map showing the approximate 22.25-mile and 74.25-mile radii are available from the Department upon request, or may be found on the Department’s web site.
NR 406.08 HistoryHistory: Cr. Register, September, 1986, No. 369, eff. 10-1-86; emerg. renum. from NR 408.025, eff. 11-15-92; renum. from NR 408.025, Register, May, 1993, No. 449, eff. 6-1-93; r. and recr., Register, August, 2000, No. 536, eff. 9-1-00; CR 10-048: cr. (4) Register November 2010 No. 659, eff. 12-1-10; CR 13-057: am. (1) Register July 2015 No. 715, eff. 8-1-15; CR 15-005: am. (1) Register November 2015 No. 719, eff. 12-1-15. NR 406.09NR 406.09 Air quality analysis. The air quality impact of a proposed stationary source will be determined at such locations where members of the public might reasonably be exposed for time periods consistent with the ambient air quality standards for the pollutants for which analysis is carried out. NR 406.09 HistoryHistory: Renum. from NR 154.05 (8) and am. Register, September, 1986, No. 369, eff. 10-1-86; emerg. renum. from NR 408.03, eff. 11-15-92; renum. from NR 408.03, Register, May, 1993, No. 449, eff. 6-1-93. NR 406.10NR 406.10 Violations. Any owner or operator who fails to construct a stationary source in accordance with the application as approved by the department; any owner or operator who fails to construct and operate a stationary source in accordance with conditions imposed by the department under s. 285.65, Stats.; any owner or operator who modifies a stationary source in violation of conditions imposed by the department under s. 285.65, Stats.; or any owner or operator who commences construction, reconstruction, replacement, relocation, or modification of a stationary source without applying for and receiving a permit as required under this chapter or ch. NR 405 or 408 shall be considered in violation of s. 285.60, Stats. NR 406.10 HistoryHistory: Renum. from s. NR 154.05 (1) and am. Register, September, 1986, No. 369, eff. 10-1-86; emerg. renum. from NR 408.04 and am., eff. 11-15-92; renum. from NR 408.04 and am., Register, May, 1993, No. 449, eff. 6-1-93; CR 15-005: am. Register November 2015 No. 719, eff. 12-1-15. NR 406.11NR 406.11 Construction permit revision, suspension and revocation. NR 406.11(1)(1) After providing 21 days written notice to the permit holder and to the persons listed under s. 285.61 (5) (a) 2. to 5., Stats., except as provided in par. (h), the department may revise, suspend, revoke, or withdraw a source from coverage under a construction permit, part of that permit, or the conditions of that permit. Permit revision, suspension, withdrawal from coverage, or revocation may occur for any of the following reasons: NR 406.11(1)(a)(a) Violation. A significant or recurring violation of any condition of the permit which causes or exacerbates a violation of any ambient air quality standard or ambient air increment or which causes air pollution. NR 406.11(1)(b)(b) Misrepresentation or deliberate failure to disclose. Any misrepresentation or a deliberate failure to disclose fully all relevant, significant facts when obtaining the permit. NR 406.11(1)(c)(c) Department determination. A determination by the department that the permit must be revised or coverage withdrawn to assure compliance with the applicable requirements. NR 406.11(1)(d)(d) Request. A request by the permit holder to revise, suspend or revoke the permit. NR 406.11(1)(e)(e) Failure to pay fees. An intentional failure by the permit holder to pay in full the fees required under ch. NR 410, except the department may not suspend or revoke the permit for failure to pay fees while those fees are being disputed under s. NR 410.04 (6). NR 406.11(1)(f)(f) Failure to file annual emission inventory reports. An intentional failure by the permit holder to file annual emission inventory reports required under ch. NR 438.