NR 407.05 NoteNote: These 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, or U.S. EPA, Region 5, 77 W Jackson Blvd, Chicago IL 60604.

NR 407.05(6)(6) The applicant shall specifically identify all information in the permit application for which confidential status is sought and shall follow procedures in s. 285.70, Stats., and s. NR 2.19 to request confidential status for that information. In addition to the submission of the complete application required under sub. (2), an applicant requesting confidentiality shall also supply to the department the application with all confidential material redacted from forms and other materials that are submitted on paper. The applicant shall file one copy of all forms and other materials with all confidential material redacted if submitted in electronic format.

NR 407.05(7)(7) Applications for general and registration operation permits shall be submitted on forms supplied by the department and shall include all information necessary to determine qualification for and ability to meet the applicable emission limitations and requirements of the general or registration operation permit.

NR 407.05(8)(8) Notwithstanding sub. (4) (intro.), the initial applications for existing, non-part 70 sources submitted pursuant to s. NR 407.04 (1) and initial applications for new or modified sources for which no construction permit is required do not need to include the information in sub. (4) (d), (f), (h) and (i).

NR 407.05(9)(9) An applicant who has failed to submit relevant facts or has submitted incorrect information in a permit application shall, after becoming aware of this fact, promptly submit the supplemental or corrected information. In addition, an applicant shall provide any additional information as necessary to address any requirements that become applicable after the date he or she filed a complete application, but prior to publication of a public notice under s. 285.62 (3) (c), Stats.

NR 407.05 HistoryHistory: Cr. Register, December, 1984, No. 348, eff. 1-1-85; r. and recr. Register, December, 1993, No. 456, eff. 1-1-94; am. (4) (b), (c) 1., Register, February, 1995, No. 470, eff. 3-1-95; r. and recr. (4) (h) 5., Register, April, 1995, No. 472, eff. 5-1-95; am. (4) (c) 1., Register, December, 1995, No. 480, eff. 1-1-96; am. (2), (4) (h) 2. c., 3. c. and 4., cr. (9) and (10), Register, December, 1997, No. 504, eff. 1-1-98; am. (4) (c) 9. a. and Table 2, Register, October, 1999, No. 526, eff. 11-1-99; CR 02-097, am. (4) (c) 1., 9. a. and b. and 10., and Table 2, cr. Table 3, Register June 2004, No. 582, eff. 7-1-04; CR 04-107: am. (7) Register August 2005 No. 596, eff. 9-1-05; CR 09-020: am. (1), (2), (4) (e), (h) 5., (i) 4. and Table 2 Register January 2010 No. 649, eff. 2-1-10; EmR1046: emerg. am. Table 3, eff. 12-15-10; CR 10-144: am. Table 3 Register August 2011 No. 668, eff. 9-1-11; CR 15-005: am. (4) (c) 1., 9. a., b., 10., r. Table 2, am. Table 3 Register November 2015 No. 719, eff. 12-1-15; CR 19-015: am. (2), (6) Register September 2020 No. 777, eff. 10-1-20.

NR 407.06(1)(1) An application for an operation permit shall be initially deemed complete only if it contains all of the information described in s. NR 407.05 (4) and, for each form submitted, if all portions of that form which are specifically designated as necessary for a complete application are completed. The department may require an applicant to submit data necessary to complete any incomplete application.

NR 407.06(2)(2) After an application for an operation permit has been initially deemed complete, the department may require additional information, including other information than that requested on the application forms, as needed to process the application. The department shall specify, in writing, a reasonable time period, of not less than 30 days, for the applicant to submit the requested information. The applicant may request and the department may grant a reasonable extension of the time period to submit the requested information. If the applicant does not supply the information requested by the date specified, the authorization for a stationary source to operate under s. 285.62 (8), Stats., shall no longer apply to the source.

NR 407.06(3)(3) Unless the department determines in writing that an application for an operation permit is not complete within 20 days from the date that the application or additional information requested under sub. (2) is submitted, the application shall be deemed complete.

NR 407.06 HistoryHistory: Cr. Register, December, 1993, No. 456, eff. 1-1-94; am. (2), Register, December, 1997, No. 504, eff. 1-1-98.

NR 407.07(1)(1) The department shall follow the procedures in s. 285.62, Stats., in acting on applications for operation permits and for renewals of operation permits. The requirements in s. 285.62 (6) (a) to (c), Stats., do not apply with respect to non-part 70 sources.

NR 407.07(3)(a)(a) Conduct the review, notification and publication, public comment and public hearing processes under s. 285.62 (3) to (5), Stats., for the operation permit simultaneously with the similar processes under s. 285.61 (3) to (7), Stats., for the construction permit.

NR 407.07(3)(b)(b) Issue or deny the operation permit within 180 days after the application is considered to be complete or after the applicant submits to the department the results of all equipment testing and emission monitoring required under the construction permit, whichever is later.

NR 407.07(3)(c)1.1. Except as provided in subd. 3., for part 70 sources, if, when comparing the permit conditions and emissions allowed under the construction permit to the permit conditions and emissions that would be allowed under the proposed operation permit prepared pursuant to s. 285.62 (6), Stats., there will be a change that would require treatment as a significant permit revision under s. NR 407.13, the department shall repeat the review, notification and publication, and public comment and public hearing processes under s. 285.62 (3), (4) and (5), Stats., with the new proposed conditions or higher levels of emissions prior to further processing of the permit.

NR 407.07(3)(c)2.2. For non-part 70 sources, if, when comparing the permit conditions and emissions allowed under the construction permit to the permit conditions and emissions that would be allowed under the operation permit, there will be a change that would require treatment as a significant permit revision under s. NR 407.13, the department shall repeat the review, notification and publication, public comment and public hearing processes under s. 285.62 (3), (4) and (5), Stats., with the new proposed conditions or higher levels of emissions prior to issuing the permit.

NR 407.07(3)(c)3.3. Notwithstanding subd. 1., for permits issued to part 70 sources prior to EPA approval of Wisconsin’s operation permit program under section 502 (d) of the Act (42 USC 7661a (d)), if, when comparing the permit conditions and emissions allowed under the construction permit to the permit conditions and emissions that would be allowed under the operation permit, there will be a change that would require treatment as a significant permit revision under s. NR 407.13, the department shall repeat the review, notification and publication, public comment and public hearing processes under s. 285.62 (3), (4) and (5), Stats., with the new proposed conditions or higher levels of emissions prior to issuing the permit.

NR 407.07 HistoryHistory: Cr. Register, December, 1993, No. 456, eff. 1-1-94; CR 04-106: am. (3) (b) Register November 2005 No. 599, eff. 12-1-05; CR 09-020: am. (3) (c) 3. Register January 2010 No. 649, eff. 2-1-10.

NR 407.075NR 407.075 Greenhouse gases. Emissions of greenhouse gases at a stationary source shall only be subject to regulation under the Act if, on or after July 1, 2011, the source emits or has the potential to emit 100,000 tpy or more of GHG on a carbon dioxide equivalent basis. For purposes of this section, emissions of GHG on a carbon dioxide equivalent basis shall be determined according to s. NR 405.07 (9) (b).

NR 407.075 HistoryHistory: EmR1046: emerg. cr., eff. 12-15-10; CR 10-144: cr. Register August 2011 No. 668, eff. 9-1-11.

NR 407.08(1)(1) Existing sources. Except as provided in s. 285.62 (8), Stats., no stationary source which is required to obtain an operation permit under s. 285.60 (2) (a), Stats., and this chapter may operate after the date specified for that source in Table 1 of s. NR 407.04 without an operation permit issued by the department.

NR 407.08(2)(2) New or modified sources. Except as provided in ss. 285.60 (1) (a) 2. and 285.62 (8), Stats., no new or modified source which is required to obtain an operation permit under s. 285.60 (1) (b), Stats., and this chapter may operate without an operation permit issued by the department.