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 406.09Air 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 406.10Violations. 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 406.11Construction 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.
NR 406.11(1)(g)(g) Cause or exacerbate.
NR 406.11(1)(g)1.1. A determination by the department that the emissions unit or units covered under a general or registration construction permit cause or exacerbate, or may cause or exacerbate, a violation of any ambient air quality standard or ambient air increment. The determination shall be made through an air quality assessment using the following procedures, as appropriate, which may be conducted after the determination that the source was covered under the general or registration construction permit.
NR 406.11(1)(g)1.a.a. For general construction permits, the department shall use criteria, methodologies or modeling consistent with criteria, methodologies or modeling used for any air quality analysis conducted under s. NR 406.16 (1) (c).
NR 406.11(1)(g)1.b.b. For registration construction permits, the department shall use either an air dispersion model using maximum actual emissions on an annual or hourly basis or criteria, methodologies or modeling consistent with criteria, methodologies or modeling used for any air quality analysis conducted under s. NR 406.17 (1) (b).
NR 406.11(1)(g)2.2. Notwithstanding a determination made under subd. 1., the owner or operator will be deemed to be in compliance with the requirement to obtain a construction permit until the department takes final action on a subsequent application for a construction permit, if the application is submitted to the department by the owner or operator within 30 days after the department notifies the owner or operator of its determination under this paragraph and the owner or operator is in compliance with the otherwise applicable general or registration construction permit from the time the determination is made under subd. 1. until the department takes final action under this subdivision.
NR 406.11(1)(h)(h) Source shutdowns. A permanent shutdown of operations of a stationary source so that it no longer requires a permit. Upon confirmation obtained by the department that a source has been permanently shut down or at the request of the source permit holder, the department may revoke a permit or withdraw a source from coverage under a permit without providing a 21 day written notice as otherwise required under this subsection.
NR 406.11(1m)(1m)The department may reopen or revise a construction permit to reflect a decrease in a plant-wide applicability limit pursuant to s. NR 405.18 (8) (b) or 408.11 (8) (b), using the procedures in s. NR 405.18 (5) or 408.11 (5), respectively.
NR 406.11(2)(2)Any revised permit may be issued only if it meets the criteria in s. 285.63, Stats.
NR 406.11(3)(3)After providing 14 days written notice to the permit holder and to the persons listed under s. 285.61 (5) (a) 2. to 5., Stats., the department may revise or revoke an individual construction permit if requested by the permit holder in order to be eligible for a general construction or operation permit or a registration construction or operation permit.
NR 406.11 HistoryHistory: Cr. Register, December, 1993, No. 456, eff. 1-1-94; am. (1) (f), Register, June, 1995, No. 474, eff. 7-1-95; am. (1) (intro.), Register, December, 1996, No. 492, eff. 1-1-97; CR 04-107: am. (1) (intro.) and (c), cr. (1) (g) and (3) Register August 2005 No. 596, eff. 9-1-05; CR 06-019: cr. (1m) Register June 2007 No. 618, eff. 7-1-07; CR 15-005: am. (1) (intro.), cr. (1) (h) Register November 2015 No. 719, eff. 12-1-15.
NR 406.12NR 406.12Permit duration periods. Approval to construct or modify a stationary source shall become invalid 18 months after the date when a construction permit was issued by the department unless the permit specifies otherwise. The department may only extend such a time period for up to 18 additional months on written request upon satisfactory showing that an extension is justified unless the permit specifies otherwise.
NR 406.12 HistoryHistory: Renum. from NR 154.05 (12), (13) and (14) and am. Register, September, 1986, No. 369, eff. 10-1-86; renum. (1) and am., r. (2) and (3), Register, May, 1992, No. 437, eff. 6-1-92; emerg. renum. from NR 408.05 and am., eff. 11-15-92; renum. from NR 408.05 and am., Register, May, 1993, No. 449, eff. 6-1-93; renum. from NR 406.11, Register, December, 1993, No. 456, eff. 1-1-94.
NR 406.13NR 406.13Duty to comply. Approval to construct or modify does not relieve any owner or operator of the responsibility to comply with the emission limits of chs. NR 400 to 499, the air quality standards of ch. NR 404 or the control strategies of all local, state and federal regulations which are part of the state implementation plan.
NR 406.13 HistoryHistory: Renum. from NR 154.05 (15), Register, September, 1986, No. 369, eff. 10-1-86; am. Register, May, 1992, No. 437, eff. 6-1-92; emerg. renum. from NR 408.06, eff. 11-15-92; renum. from NR 408.06, Register, May, 1993, No. 449, eff. 6-1-93; renum. from NR 406.12, Register, December, 1993, No. 456, eff. 1-1-94.