Current through August 26, 2024
(1) Issuance of
registration construction permits.
(a) The
department may issue registration permits for the construction, reconstruction,
replacement, relocation or modification of stationary sources with low actual
or potential emissions in accordance with s.
285.60(2g),
Stats.
Note: A registration 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 registration operation permit and the project meets the criteria in s.
NR 407.105(5)
(a).
(b) When proposing to issue a registration
construction permit, the department shall prepare an air quality analysis and a
preliminary determination on the approvability of the proposed registration
construction permit. The department shall use the applicable procedures in s.
285.61,
Stats., to issue a registration construction permit. The department may issue
the registration 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 stationary source may be covered by a
registration construction permit.
Note: The statutes cited above require that when
issuing a registration construction permit, the department distribute a notice
of the availability of the proposed registration 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.
(c) The registration
construction permit shall contain applicability criteria, emission caps and
limitations, monitoring and recordkeeping requirements, reporting requirements,
compliance demonstration methods and general conditions. 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 registration 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 registration
construction permit, or issue a different one, to include nonattainment area
specific applicability criteria.
(2) Criteria for issuance of a registration
construction permit.
(a) A registration
construction permit shall be issued for the construction, reconstruction,
replacement, relocation or modification of stationary sources that meet all of
the following criteria:
1. Actual emissions
of each air contaminant from the construction, reconstruction, replacement,
relocation or modification of the stationary source or sources will not exceed
25% of any major source threshold in s.
NR 407.02(4), over any 12 consecutive
month period, except that emissions of lead may not exceed 0.5 tons over any 12
consecutive month period.
2. The
facility is not, and will not as a result of the project be, a major source
under ch. NR 405, 407 or 408.
(b) Notwithstanding par. (a), the department
may issue registration construction permits for coverage of other types of
stationary sources that the department determines have or will have low actual
or potential emissions, in response to a petition submitted under s.
NR 406.18.
(3) Sources ineligible for coverage under a
registration construction permit. Notwithstanding the existence of a
registration construction permit, an individual stationary source may not be
covered under a registration construction permit if any of the following
criteria apply:
(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(151) 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).
(d) The construction, reconstruction,
replacement, relocation, or modification of the emissions unit or units would
be subject to an emission limitation or emission standard under section 111 of
the Act (42 USC
7411) or under section 112 of the Act (42 USC
7412), other than those contained in the
registration construction permit, or that are determined by the department to
not preclude eligibility for the registration construction
permit.
(4) Procedure for
determining coverage under a registration construction permit for an individual
source.
(a) An owner or operator of a
stationary source who applies for coverage under a registration construction
permit shall submit an application using department approved registration
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
the department approved registration permit application forms.
(b) An owner or operator of a stationary
source who requests or requires emission limits, terms or conditions that
require case-by-case review and approval by the department, or emission limits,
terms or conditions other than, or in addition to, those contained in the
registration construction permit, shall apply for a different type of
permit.
(c) Within 15 days after
the receipt of the application form prescribed by the department, the
department shall provide one of the following to an applicant for a
registration construction permit:
1. Written
notice of the department's determination that the source is covered under the
registration construction permit.
2. A written description of any information
that is missing from the application for coverage under the registration
construction permit.
3. Written
notice of the department's determination that the source does not qualify for
coverage under the registration construction permit, specifically describing
the reasons for that determination.
(d) The department shall grant coverage under
the registration construction permit if the owner or operator of the source
applies for coverage and meets the eligibility requirements in the registration
construction permit, unless the source is ineligible under sub. (3).
(e) For the purpose of determining whether a
source is eligible for coverage under a registration construction permit, the
source's emissions shall be calculated using the terms and conditions listed in
the registration construction permit.
Note: The permit terms and conditions may
include capture and control efficiencies. The Air Emissions Management System
(AEMS) requires the owner or operator of a source to calculate actual annual
emissions for reporting to the inventory using the terms and conditions in a
permit.
(5)
Incorporation of registration construction permit into the facility operation
permit.
(a) When submitting an application
for coverage under a registration 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
registration construction permit requirements, emission caps and limitations
shall be established as conditions in the operation permit.
(6) Application for a different permit.
(a) 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 coverage under the registration
construction permit and allow the source to be covered under a general
construction permit or be issued an individual construction permit. The owner
or operator shall submit a written request for withdrawal of coverage under the
registration construction permit and a complete application for a general or
individual 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 registration 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 registration
construction permit under this section.
(c) An owner or operator of a stationary
source that 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. The owner or operator shall submit to the department a
written request for withdrawal of the general construction permit and a
complete application for a registration construction permit under this
section.
(d) The owner or operator
shall submit a request for revision or revocation of a construction permit or
withdrawal from coverage under a construction permit under this subsection 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.
