Current through August 26, 2024
(1) ISSUANCE OF
GENERAL OPERATION PERMITS.
(a) The department
may issue general permits for the operation of stationary sources in accordance
with s.
285.60(3),
Stats.
Note: No construction permit is 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
operation 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
operation permit, the department shall prepare an air quality analysis and a
preliminary determination on the approvability of the proposed general
operation permit. The department shall use the applicable procedures in s.
285.62,
Stats., to issue the general operation permit. The department may issue the
general operation permit if the applicable criteria in ss.
285.63 and
285.64,
Stats., are met. The procedural requirements in s.
285.62(2) to (5), Stats., do not apply to the
determination of whether an individual source is covered by a general operation
permit for a source category. Coverage of a part 70 source under a general
operation permit is not an appealable decision under s.
227.42,
227.52,
227.53 or
285.81,
Stats.
Note: The statutes cited above require that when
issuing a general operation permit, the department distribute a notice of the
availability of the proposed general operation 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 operation permit shall
contain applicability criteria, emission limits, monitoring and recordkeeping
requirements, reporting requirements, compliance demonstration methods and
general conditions applicable to the stationary source category. The permit
terms and conditions shall be 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 operation 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 operation permit, or issue a
different one, to include nonattainment area specific applicability
criteria.
(e) The term of a
general operation permit issued to a part 70 source category, or granted to an
individual part 70 source, may not exceed 5 years. General operation permits
issued to a non-part 70 source category, or granted to an individual non-part
70 source, shall only expire if an expiration date is requested by the source
owner or operator or the department finds that expiring coverage would
significantly improve the likelihood of continuing compliance with applicable
requirements, compared to coverage that does not expire.
(2) SOURCES INELIGIBLE FOR COVERAGE UNDER A
GENERAL OPERATION PERMIT. Notwithstanding the existence of a general operation
permit for a stationary source category, an individual stationary source may
not be covered by a general operation 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(86), or an infectious waste
combustion source.
(b) 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 407.15(8).
(3) PROCEDURE FOR DETERMINING COVERAGE UNDER
A GENERAL OPERATION PERMIT FOR AN INDIVIDUAL SOURCE.
(a) An owner or operator of a stationary
source who applies for coverage under a general operation permit shall submit
an application using department approved general 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 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 operation permit shall
apply for a different type of permit.
(c) Within 15 days after the receipt of an
application for coverage under a general operation 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 operation
permit.
2. A written description of
any information that is missing from the application for coverage under the
general operation permit.
3.
Written notice of the department's determination that the source does not
qualify for coverage under the general operation permit, specifically
describing the reasons for that determination.
(d) The department shall grant coverage under
the general operation permit if the owner or operator of the source applies for
coverage and meets the eligibility requirements of the general operation
permit, unless the source is ineligible for coverage under sub. (2).
(4) CONSTRUCTION AND MODIFICATION
UNDER A GENERAL OPERATION PERMIT.
(a)
Notwithstanding the provisions in s.
NR 406.04(1) and (2), no construction
permit is 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 all of the following criteria are
met:
1. The construction, reconstruction,
replacement, relocation or modification will not result in the source violating
any term or condition of the general operation permit.
2. The construction, reconstruction,
replacement, relocation or modification does not require a permit under ch. NR
405 or 408.
Note: Some general operation permits issued
prior to September 1, 2005 may have required a construction permit, even if the
change at the source would not violate any term or condition of the permit.
Those sources are now exempt from the requirement to obtain a construction
permit if the change at the source will not violate any term or condition of
the general operation permit.
(b) No later than 30 calendar days from
commencing construction, reconstruction, replacement, relocation or
modification, the owner or operator shall notify the department of the action
and provide information explaining how the source is meeting the criteria for
an exemption under par. (a).
(c) If
a construction permit is required, the owner or operator shall obtain a
construction permit under ch. NR 405, 406 or 408, as applicable. The owner or
operator may not commence construction, reconstruction, replacement, relocation
or modification prior to receiving the construction permit. The owner or
operator shall also apply for an individual operation permit, a revision of its
operation permit or a registration operation permit under this chapter.
Note: The construction permit may be an
individual, general or registration construction permit.
(5) APPLICATION FOR A DIFFERENT
PERMIT.
(a) An owner or operator of a
stationary source that is covered under a general operation permit may submit a
request to the department to withdraw the source from coverage under the
general operation permit and allow the source to be covered under a
registration operation permit or a general operation permit for another source
category or be issued an individual operation permit. The owner or operator
shall submit a written request for the withdrawal of the general operation
permit and a complete application for a different operation permit.
(b) An owner or operator of a stationary
source that has an individual operation permit may submit a request to the
department to revise or revoke the individual operation permit pursuant to s.
NR 407.12, 407.13, or 407.15(4) and allow
the source be covered under a general operation permit. A complete application
for a general operation permit submitted under this section shall be considered
a request for revocation of the existing individual operation permit.
(c) An owner or operator of a stationary
source that is covered under a registration operation permit may submit a
request to the department to withdraw the source from coverage under the
registration operation permit and allow the source to be covered under a
general operation permit. A complete application for a general operation permit
submitted under this section shall be considered a request for withdrawal of
coverage under the registration permit.
(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.
(6) ADDITIONAL PROVISIONS RELATED TO GENERAL
OPERATION PERMITS. Notwithstanding the permit shield provision in section
504(f) of the Act (42 USC
7661c(f)) and in s.
285.62(10)
(b), Stats., an owner or operator of a source
which is covered under a general operation permit may be prosecuted for
operation without an individual operation permit if the source is later
determined not to qualify for the conditions and terms of the general operation
permit.
