Wisconsin Administrative Code
Department of Natural Resources
NR 400-499 - Environmental Protection - Air Pollution Control
Chapter NR 406 - Construction Permits
Section NR 406.075 - Federally enforceable requirements

(1) Except as provided in sub. (2), all terms and conditions in a construction permit, including any provisions designed to limit a stationary source's potential to emit, are federally enforceable by the administrator under section 113 of the Act (42 USC 7413).

(2) Notwithstanding sub. (1), the department shall specifically designate as not federally enforceable any terms and conditions included in the permit that are not required under the Act, under any of the federal regulations implementing the Act or under the state implementation plan.