Wisconsin Administrative Code
Department of Natural Resources
NR 400-499 - Environmental Protection - Air Pollution Control
Chapter NR 406 - Construction Permits
Section NR 406.11 - Construction permit revision, suspension and revocation

Universal Citation: WI Admin Code ยง NR 406.11

Current through August 26, 2024

(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:

(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.

(b) Misrepresentation or deliberate failure to disclose. Any misrepresentation or a deliberate failure to disclose fully all relevant, significant facts when obtaining the permit.

(c) Department determination. A determination by the department that the permit must be revised or coverage withdrawn to assure compliance with the applicable requirements.

(d) Request. A request by the permit holder to revise, suspend or revoke the permit.

(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).

(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.

(g) Cause or exacerbate.
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.
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).

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).

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.

(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.

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