Current through August 26, 2024
(1) ISSUANCE OF
GENERAL CONSTRUCTION PERMITS.
(a) The
department may issue general permits for the construction, reconstruction,
replacement, relocation or modification of stationary sources in accordance
with s.
285.60(3),
Stats.
Note: A general construction permit is not
required prior to commencing construction, reconstruction, replacement,
relocation or modification of a stationary source if the source is covered
under a general operation permit and the project meets the criteria in s.
NR 407.10(4)
(a).
(b) A general construction permit may be
issued for a source category if the sources in the category meet all of the
following criteria:
1. Perform the same or
similar operations.
2. Emit the
same class of air contaminants.
Note: An example of "the same class of air
contaminants" is volatile organic compounds.
3. Employ the same or similar capture and
control systems, if applicable.
4.
Are subject to the same or similar emission limitations and other state and
federal requirements that are applicable to the sources in the category.
Note: An example of "similar emission
limitations" is emission limitations for the same air contaminant but that
differ based on the size of the source, its location, or its date of
construction.
(c) When proposing to issue a general
construction permit, the department shall prepare an air quality analysis and a
preliminary determination on the approvability of the proposed general
construction permit. The department shall use the applicable procedures in s.
285.61,
Stats., to issue a general construction permit. The department may issue the
general construction permit if the applicable criteria in s.
285.63,
Stats., are met. The procedural requirements in s.
285.61(2) to (8), Stats., do not apply to the
determination of whether an individual source is covered by a general
construction permit for a source category.
Note: The statutes cited above require that when
issuing a general construction permit, the department distribute a notice of
the availability of the proposed general construction permit and of the
department's analysis and preliminary determination, a notice of the
opportunity for public comment and a notice of the opportunity to request a
public hearing. There will be a 30-day public comment period and the department
may hold a public hearing within 60 days after the deadline for requesting
one.
(d) The general
construction permit shall contain applicability criteria, emission limits,
monitoring and recordkeeping requirements, reporting requirements, compliance
demonstration methods and general conditions appropriate for the stationary
source category. The permit terms and conditions shall include those required
to comply with the Act and those required to assure compliance with applicable
provisions in ch. 285, Stats., and chs.
NR
400 to
499. Notwithstanding the
requirement in s.
NR 424.03(2) (c) to determine the latest
available control techniques and operating practices demonstrating best current
technology (LACT) for a specific process line, the department may include
conditions in the general construction permit that represent LACT, if the
requirements of s.
NR 424.03(2) (a) or (b) are determined
to be technologically infeasible.
Note: If an area is designated nonattainment for
particulate matter, PM10, sulfur dioxide, nitrogen oxides, carbon monoxide or
lead, the department may revise the general construction permit, or issue a
different one, to include nonattainment area specific applicability
criteria.
(2)
SOURCES INELIGIBLE FOR COVERAGE UNDER A GENERAL CONSTRUCTION PERMIT.
Notwithstanding the existence of a general construction permit for a stationary
source category, the stationary source may not be covered by the general
construction permit if any of the following criteria apply to the emissions
unit or units for which coverage is sought:
(a) The emissions unit or units are an
affected source under ch. NR 409, a municipal solid waste combustion source
under s.
NR 500.03(86) or an infectious waste
combustion source.
(b) The proposed
project would result in one or more new or existing emissions units at the
facility being required to obtain a permit under ch. NR 405 or 408.
Note: An example is the addition of an emissions
unit at a PSD or nonattainment area major source that is considered a major
modification to that source. Another example is a project that results in an
emissions unit either upstream or downstream from the project increasing its
emissions such that it would be required to obtain a permit under ch. NR 405 or
408.
(c) The emissions unit
or units cause or exacerbate, or may cause or exacerbate, a violation of any
ambient air quality standard or ambient air increment, as determined by the
department through an air quality assessment conducted in accordance with s.
NR 406.11(1) (g).
(3) PROCEDURE FOR DETERMINING COVERAGE UNDER
A GENERAL CONSTRUCTION PERMIT FOR AN INDIVIDUAL SOURCE.
(a) An owner or operator of a stationary
source who applies for coverage under a general construction permit shall
submit an application using department approved permit application forms.
Note: Contact the regional offices or service
centers of the department or the Permits and Stationary Source Modeling Section
of the Bureau of Air Management, 608-266-7718, for information on how to obtain
and submit the department approved general permit application forms.
(b) An owner or operator of a
stationary source who requests or requires emission limits, terms or conditions
other than, or in addition to, those contained in the general construction
permit shall apply for a different type of permit.
(c) Within 15 days after the receipt of an
application for coverage under a general construction permit, the department
shall provide one of the following to an applicant:
1. Written notice of the department's
determination that the source is covered under the general construction
permit.
2. A written description of
any information that is missing from the application for coverage under the
general construction permit.
3.
Written notice of the department's determination that the source does not
qualify for coverage under the general construction permit, specifically
describing the reasons for that determination.
(d) The department shall grant coverage under
the general construction permit if the owner or operator of the source applies
for coverage and meets the eligibility requirements of the general construction
permit, unless the source is ineligible under sub. (2).
(4) INCORPORATION OF A GENERAL CONSTRUCTION
PERMIT INTO THE FACILITY OPERATION PERMIT.
(a)
When submitting an application for coverage under a general construction
permit, the owner or operator of the source shall also submit an application
for an operation permit or a request to revise its operation permit pursuant to
ch. NR 407. Prior to issuing or revising the operation permit, the department
shall determine that the applicable permit approval criteria under ss.
285.63 and
285.64,
Stats., have been met.
(b) The
general construction permit requirements and emission limitations shall be
established as conditions in the operation permit.
(5) APPLICATION FOR A DIFFERENT PERMIT.
(a) An owner or operator of a stationary
source which is covered under a general construction permit may submit a
request to the department to withdraw the source from coverage under the
general construction permit and allow the source to be covered under a
registration construction permit, a general construction permit for another
source category or an individual construction permit. The owner or operator
shall submit a written request for withdrawal from coverage under the general
construction permit and a complete application for the different construction
permit.
(b) An owner or operator of
a stationary source that has an individual construction permit may submit a
request to the department to revise or revoke the individual construction
permit pursuant to s.
NR 406.11(3) and allow the source to be
covered under a general construction permit. The owner or operator shall submit
to the department a written request for revision or revocation of the
individual construction permit and a complete application for a general
construction permit under this section.
(c) An owner or operator of a stationary
source that is covered under a registration construction permit may submit a
request to the department to withdraw the source from coverage under the
registration construction permit and allow the source to be covered under a
general construction permit. The owner or operator shall submit to the
department a written request for withdrawal from coverage under the
registration construction permit and a complete application for a general
construction permit under this section.
(d) The owner or operator shall submit the
request for revision or revocation of an individual construction permit or
withdrawal from coverage under a general or registration construction permit on
department approved forms.
Note: Contact the regional offices or service
centers of the department or the Permits and Stationary Source Modeling Section
of the Bureau of Air Management, 608-266-7718, for information on how to obtain
and submit the department approved forms.
(e) The owner or operator of a facility
submitting an application for a different permit under this subsection shall
comply with the existing permit until the department has issued or granted
coverage under the different permit.
