Wisconsin Administrative Code
Department of Natural Resources
NR 400-499 - Environmental Protection - Air Pollution Control
Chapter NR 407 - Operation Permits
Section NR 407.07 - Action on applications
Universal Citation: WI Admin Code ยง NR 407.07
Current through August 26, 2024
(1) The department shall follow the procedures in s. 285.62, Stats., in acting on applications for operation permits and for renewals of operation permits. The requirements in s. 285.62(6) (a) to (c), Stats., do not apply with respect to non-part 70 sources.
(2) For applications for existing sources received by January 1, 1995, the department shall issue or deny the operation permit within 30 months after receiving a complete application.
(3) For applications for new or modified sources for which a construction permit is required under s. 285.60(1) (a), Stats., and ch. NR 406, the department shall:
(a) Conduct the review, notification
and publication, public comment and public hearing processes under s.
285.62(3) to (5), Stats., for the operation permit
simultaneously with the similar processes under s.
285.61(3) to (7), Stats., for the construction
permit.
(b) Issue or deny the
operation permit within 180 days after the application is considered to be
complete or after the applicant submits to the department the results of all
equipment testing and emission monitoring required under the construction
permit, whichever is later.
(c)
1. Except as provided in subd. 3., for part
70 sources, if, when comparing the permit conditions and emissions allowed
under the construction permit to the permit conditions and emissions that would
be allowed under the proposed operation permit prepared pursuant to s.
285.62(6),
Stats., there will be a change that would require treatment as a significant
permit revision under s.
NR 407.13,
the department shall repeat the review, notification and publication, and
public comment and public hearing processes under s.
285.62(3), (4) and (5), Stats., with the new proposed
conditions or higher levels of emissions prior to further processing of the
permit.
2. For non-part 70 sources,
if, when comparing the permit conditions and emissions allowed under the
construction permit to the permit conditions and emissions that would be
allowed under the operation permit, there will be a change that would require
treatment as a significant permit revision under s.
NR 407.13,
the department shall repeat the review, notification and publication, public
comment and public hearing processes under s.
285.62(3), (4) and (5), Stats., with the new proposed
conditions or higher levels of emissions prior to issuing the permit.
3. Notwithstanding subd. 1., for permits
issued to part 70 sources prior to EPA approval of Wisconsin's operation permit
program under section 502 (d) of the Act (42
USC 7661 a(d)), if, when comparing the
permit conditions and emissions allowed under the construction permit to the
permit conditions and emissions that would be allowed under the operation
permit, there will be a change that would require treatment as a significant
permit revision under s.
NR 407.13,
the department shall repeat the review, notification and publication, public
comment and public hearing processes under s.
285.62(3), (4) and (5), Stats., with the new proposed
conditions or higher levels of emissions prior to issuing the permit.
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