NR 406.02(4)(4) “Initial grinding mill” means, at a nonmetallic mineral processing plant, any grinding mill into which nonmetallic minerals can be fed without prior crushing in that plant. NR 406.02(5)(5) “Municipal garbage and refuse” means garbage and refuse, as those terms are defined in ch. NR 500, which are primarily generated by residential activities but which may include minor amounts of commercial and industrial garbage and refuse that are in the total waste stream and are not hazardous. Municipal garbage and refuse does not include sludge which is generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility. NR 406.02(6)(6) “Permit revision” means any change to a construction permit to reflect a change at a source that is not a modification of the source or that is an exempt modification of the source. NR 406.02 HistoryHistory: Cr. (intro.), renum. from NR 154.01, Register, September, 1986, No. 369, eff. 10-1-86; r. (1), r. and recr. (2), renum. (3) to (7) and (9) to be NR 400.02 (17m), (43m), NR 406.02 (1), NR 400.02 (46s), NR 406.02 (6) and (10), cr. (3) to (5), (7), (9) and (11), (12) renum. from NR 400.02 (98) and am., Register, April, 1988, No. 388, eff. 5-1-88; correction in (6) made under s. 13.93 (2m) (6) 7., Stats., Register, April, 1988, No. 388; (1) renum. from NR 400.02 (16), renum. (1) to be (1m), am. (3), Register, August, 1991, No. 428, eff. 9-1-91; emerg. cr. (2m) and (13), eff. 11-15-92; am. (intro.), Register, May, 1993, No. 449, eff. 6-1-93; cr. (10m), Register, December, 1993, No. 456, eff. 1-1-94; r. (1) to (5), (7) to (10), (11) and (12), Register, June, 1995, No. 474, eff. 7-1-95; renum. (6) and (10m) to be (1) and (2), Register, December, 1996, No. 492, eff. 1-1-97; renum. (1) and (2) to be (3) and (4), cr. (1) and (2), Register, December, 1997, No. 504, eff. 1-1-98; CR 04-107: renum. (1) to (4) to be (3) to (6), cr. (1) and (2) Register August 2005 No. 596, eff. 9-1-05; CR 06-047: renum. (1) to be (1m), cr. (1) Register May 2007 No. 617, eff. 6-1-07; CR 09-020: am. (1), cr. (7) Register January 2010 No. 649, eff. 2-1-10; CR 19-015: am. (6) Register September 2020 No. 777, eff. 10-1-20. NR 406.03NR 406.03 Permit requirements and exemptions for construction permits. NR 406.03(1)(1) Permit requirement. Except as provided in sub. (2), no person may commence construction, reconstruction, replacement, relocation or modification of a stationary source unless the person has a construction permit for the source or unless the source is exempt from the requirement to obtain a permit under s. 285.60 (5), Stats., or under this chapter. NR 406.03(1e)(1e) Exclusions. Notwithstanding the definitions of “commence construction” and “commence modification” in s. NR 400.02 (44) and (45) respectively, for projects reviewed under this chapter, all of the following activities may be excluded when determining if construction, reconstruction, replacement, relocation, or modification has commenced: NR 406.03 NoteNote: Undertaking any of the activities listed under s. NR 406.03 (1e) does not relieve the applicant from the obligation to comply with any other applicable regulations or requirements. If the applicant proceeds with any of the activities prior to receiving a construction permit, the applicant does so at their own risk and the department is not obligated to issue the air permit. NR 406.03(1m)(a)(a) Applications for construction permits shall be made on forms supplied by the department for these purposes and supplemented with other materials as indicated on the forms. The forms may be supplied by the department in an electronic format, such as on a computer disk, or on line. NR 406.03 NoteNote: Application forms may be obtained from Department Regional Headquarters or Service Center offices, or from the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921, Attention: Construction permits. The internet web address is: http://dnr.wi.gov/topic/AirPermits/Forms.html. NR 406.03(1m)(b)(b) Application materials, including construction permit waiver requests, may be submitted on paper or in an electronic format. The applicant shall submit all forms and other required materials, as indicated on the forms. When electing to submit materials on paper, the applicant shall submit the materials to the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921, Attention: Construction permits. NR 406.03(2)(a)(a) A person who is required to obtain a construction permit under s. 285.60, Stats., may request a waiver from the department in order to commence construction, reconstruction, replacement, relocation or modification of an air pollution source prior to the department issuing a construction permit to the source under this chapter. A waiver request shall be made in writing and shall include an explanation of the circumstances that justify the request and when those circumstances arose or may be anticipated to arise. The waiver request shall be signed by a responsible official for the facility. NR 406.03(2)(b)(b) The department may grant a waiver provided that all of the following conditions are satisfied: NR 406.03(2)(b)1.1. The person has submitted a complete construction permit application for the source to the department. NR 406.03(2)(b)2.2. The person has submitted a complete waiver request to the department which demonstrates that undue hardship will be caused if a waiver is not granted. Undue hardship may result from any of the following: