Wisconsin Administrative Code
Department of Natural Resources
NR 400-499 - Environmental Protection - Air Pollution Control
Chapter NR 407 - Operation Permits
Section NR 407.09 - Permit content
Universal Citation: WI Admin Code ยง NR 407.09
Current through August 26, 2024
(1) STANDARD PERMIT REQUIREMENTS. Each permit issued under this chapter shall include, at a minimum, the following elements:
(a) Emission limitations and standards,
including those operational requirements and limitations that are applied to
assure compliance with all applicable requirements at the time of permit
issuance, as follows:
1. The origin of and
authority for each limitation, standard or requirement shall be specified and
referenced and any difference in form as compared to the applicable requirement
upon which the limitation, standard or requirement is based shall be
identified.
2. Where an applicable
requirement of the Act is more stringent than an applicable requirement of the
acid rain program, both provisions shall be incorporated into the permit and
shall be enforceable by the department and by EPA.
(b) The duration of the permit as follows:
1. The term of a part 70 source operation
permit may not exceed 5 years.
2.
The term of an operation permit issued to an affected source shall be fixed at
5 years.
3. The term of a non-part
70 source operation permit does not expire unless the department specifies an
expiring term in the permit upon considering any of the following:
a. Ongoing or recurring non-compliance or
enforcement action taken by the department or the administrator.
b. A request by the permittee.
c. A determination by the
department.
4. The term
specified by the department under subd. 3. for a non-part 70 source shall be at
least 5 years from the date of the last issued initial or renewed operation
permit. When establishing an expiration date, the department shall provide
adequate time for the permit holder to prepare and submit a renewal application
consistent with the timelines in s.
NR 407.04(2).
(c) Monitoring, related recordkeeping and
reporting requirements, as follows:
1. All
applicable monitoring requirements, including:
a. All emissions monitoring, analysis
procedures and test methods required under the applicable
requirements.
b. Where the
applicable requirement does not require periodic testing or instrumental or
noninstrumental monitoring, periodic monitoring or testing sufficient to yield
reliable data from the relevant time period that are representative of the
stationary source's compliance with the permit. Monitoring or testing
requirements shall assure use of terms, test methods, units, averaging periods,
and other statistical conventions consistent with the applicable requirement.
Monitoring may consist of recordkeeping sufficient to meet the requirements of
this subd. 1. b. Permits for non-part 70 sources shall contain the requirements
in this subd. 1. b. only for those air contaminants emitted from an emissions
unit, operation, or activity where the actual emissions exceed the levels in
Table 3 in s.
NR 407.05.
Actual emissions used for this determination shall be those reported under ch.
NR 438 for the most recent year prior to when the permit or renewal is
issued.
c. As necessary,
requirements concerning the use, maintenance, calibration and, where
appropriate, installation of monitoring equipment or methods.
2. All applicable recordkeeping
requirements in s.
NR 439.04.
3.
Reporting requirements consistent with all applicable requirements and
including the following:
a. Submittal of
reports required under s.
NR 439.03(1) (b).
b. Prompt reporting of deviations from and
violations of permit terms and conditions in accordance with s.
NR 439.03(4), (5) and (6).
(d) A severability
clause that states that, in the event of a successful challenge to any portion
of the permit, all other portions of the permit remain valid and
effective.
(e) A provision
requiring the payment of fees required under ch. NR 410.
(f) Provisions stating the following:
1. The permittee has the duty to comply with
all conditions of the permit. Any noncompliance with the operation permit
constitutes a violation of the statutes and is grounds for enforcement action;
for permit suspension, revocation or revision; or for denial of a permit
renewal application.
2. It is not a
defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain
compliance with the permit.
3. The
permit may be revised, revoked or suspended for cause under this chapter. The
filing of a request by the permittee for a permit revision or for revocation,
or the filing of notification of planned changes under s.
NR 407.025 or
of anticipated noncompliance, does not stay any permit condition.
4. The permit does not convey any property
rights of any sort, or any exclusive privilege.
5. The permittee shall furnish to the
department, within a reasonable time specified by the department, any
information that the department may request in writing to determine whether
cause exists to revise, revoke or suspend the permit or to determine compliance
with the permit. Upon request, the permittee shall also furnish to the
department copies of records required to be kept pursuant to the
permit.
(2) SPECIAL PERMIT REQUIREMENTS. Each permit issued under this chapter shall include the following elements if they are applicable to a stationary source:
(a) For affected sources, conditions
prohibiting emissions exceeding any allowances that the source lawfully holds
under the acid rain program, including allowances allocated directly to the
source through the acid rain program, and allowances obtained through the
emissions trading provisions of the acid rain program, subject to the following
qualifications:
1. No permit revision may be
required for increases in emissions that are authorized by allowances acquired
pursuant to the acid rain program, provided that the increases do not require a
permit revision under any other applicable requirement.
2. No limit may be placed on the number of
allowances that may be held by the stationary source.
3. A stationary source may not use allowances
as a defense to noncompliance with any applicable requirement other than the
requirements of the acid rain program.
4. Any acid rain allowance shall be accounted
for according to the procedures established in the acid rain program.
(b) For those stationary sources
which identify reasonably anticipated alternate operating scenarios in their
applications, terms and conditions covering reasonably anticipated alternate
operating scenarios that are approved by the department. The terms and
conditions shall require all of the following:
1. The permittee, contemporaneously with
making a change from one operating scenario to another, shall record in a log
at the permitted facility a record of the scenario under which it is
operating.
2. The source shall
comply with all applicable requirements for each alternate operating
scenario.
(c) For
sources for which an internal offset has been approved by the department under
s.
NR 425.05, terms
and conditions, if the permit applicant requests them, for the trading of
emissions increases and decreases in the permitted facility, to the extent that
the applicable requirements and internal offset approval allow for such trading
without a case-by-case approval of each emissions trade.
(d) For stationary sources that have
previously been issued an air pollution control permit, provisions consistent
with any condition in that permit if the provisions are still applicable to
that stationary source. Conditions which may be considered still applicable
include, but are not limited to, the following:
1. Any best available control technology or
lowest achievable emission rate limitations established under ch. NR 405, 408
or 445 or pursuant to parts C or D of title I of the Act (42 USC
7470 to
7492 or
7501 to
7515).
2. Any conditions that a
permittee requested in order to avoid being considered a major source or major
modification under ch. NR 405 or 408 or to avoid any other requirement that
would otherwise be applicable to the source.
3. Any source-specific emission limits
contained in a permit under any applicable requirement.
(3) FEDERALLY ENFORCEABLE REQUIREMENTS.
(a) Except as provided in par.
(b), all terms and conditions in an operation permit for a part 70 source,
including any provisions designed to limit a stationary source's potential to
emit, are enforceable by the administrator under section 113 (a) of the Act (42 USC
7413(a)) and citizens under
section 304 of the Act (42
USC 7604).
(b) Notwithstanding par. (a), the department
shall specifically designate as not federally enforceable under the Act any
terms and conditions included in the permit that are not required under the
Act, under any of the Act's applicable requirements or under the state
implementation plan.
(4) COMPLIANCE REQUIREMENTS.
(a) All operation permits shall contain the
following provisions with respect to compliance:
1. Compliance testing, monitoring, reporting
and recordkeeping requirements sufficient to assure compliance with the terms
and conditions of the permit. Any document required under an operation permit
and submitted to the department, including reports, shall contain a
certification by a responsible official that meets the requirements of s.
NR 407.05(4)
(j).
2. Inspection and entry requirements in
accordance with ss.
285.13(6) and
285.19, Stats., and
s.
NR 439.05.
3.
Requirements for certifying compliance with terms and conditions contained in
the permit, including emission limitations, standards and work practices.
Permits shall include each of the following:
a. The required frequency of submission of
compliance certifications, which shall be not less than annually or more
frequently if specified in the applicable requirement or by the
department.
b. Means for assessing
or monitoring the compliance of the source with its emissions limitations,
standards and work practices, except that for non-part 70 sources, the means
need only be included to the extent needed to comply with sub. (1)
(c).
c. A requirement that the
compliance certification include the information listed in s.
NR 439.03(8).
d. A requirement that all compliance
certifications for part 70 sources be submitted to the administrator as well as
to the department.
e. Additional
provisions as may be required pursuant to sections 114 (a) (3) and 504 (b) of
the Act (42 USC
7414(a) (3) and
7661c(b)).
(b) All
operation permits for stationary sources which are not proposed to be in
compliance with all applicable requirements at the time of permit issuance
shall contain a compliance schedule as described in s.
285.64(1) (a) 1, Stats., and a schedule for submission
of progress reports, consistent with the applicable compliance schedule. The
progress reports shall be submitted at least semiannually, or more frequently
if specified in the applicable requirement or by the department. Progress
reports shall contain the following:
1. The
dates specified in the permit for achieving the activities, milestones or
compliance required in the compliance schedule, and the dates when the
activities, milestones or compliance were achieved.
2. An explanation of why any dates in the
compliance schedule were not or will not be met, and any preventive or
corrective measures adopted.
(5) PERMIT SHIELD.
(a) An operation permit shall include a
provision pursuant to and consistent with s.
285.62(10) (b), Stats.
(b) Neither s.
285.62(10) (b), Stats., nor any condition in a permit
may alter or affect the following:
1. The
authority of the administrator under section 303 of the Act (42 USC 7603).
2. The liability of an owner or
operator of a stationary source for any violation of applicable requirements
prior to or at the time of permit issuance.
3. The applicable requirements of the acid
rain program.
4. The ability of EPA
to obtain information from a source pursuant to section 114 of the Act (42 USC
7414).
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