Current through August 26, 2024
(1) Issuance of
registration operation permits.
(a) The
department may issue a registration permit for the operation of an entire
facility that has or will have low actual or potential emissions in accordance
with s.
285.60(2g),
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
registration operation permit and the project meets the criteria in s. NR 407.105(5) (a).
(b) When
proposing to issue a registration operation permit, the department shall
prepare an air quality analysis and a preliminary determination on the
approvability of the proposed registration operation permit. The department
shall use the applicable procedures of s.
285.62,
Stats., to issue the registration operation permit. The department may issue
the registration operation permit if the applicable criteria in ss.
285.63 and
285.64,
Stats., are met. The procedural requirements of s.
285.62(2) to (7), Stats., do not apply to the
determination of whether an individual facility is covered by a registration
operation permit.
Note: The statutes cited above require that when
issuing the registration operation permit, the department distribute a notice
of the availability of the proposed 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.
(c) The registration operation permit shall
contain applicability criteria, emission caps and limitations, monitoring and
record-keeping requirements, reporting requirements, compliance demonstration
methods and general conditions appropriate for determining compliance with the
terms and conditions of the registration operation permit. 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 requirements 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 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 registration operation permit, or issue a
different one, to include nonattainment area specific applicability
criteria.
(2)
Criteria for issuance of a registration operation permit.
(a) A registration operation permit shall be
issued for facilities that meet all of the criteria:
1. The calendar year sum of actual emissions
of each air contaminant from the facility may not exceed 25% of any major
source threshold in s.
NR 407.02(4), except that for lead,
emissions may not exceed 0.5 tons per calendar year.
2. The stack-vented emissions are exhausted
from unobstructed discharge points that are within 10 degrees of vertical. This
criterion does not apply to stacks serving any of the emission units listed in
s.
NR 407.05(4) (c)
9. For the purposes of this paragraph,
horizontal discharge vents that only discharge general building ventilation are
not considered stacks.
Note: Valves designed to open and close at the
point of discharge are considered to be unobstructed if they are open at the
time of emission.
3. The
stack is taller than any building that influences the dispersion of emissions
from the stack. A building is considered to influence the dispersion of
emissions from any stack that exists within a circle around the building, the
radius of which is 5 times the height of the building. This criterion does not
apply to stacks serving any of the emission units listed in s.
NR 407.05(4) (c)
9. For the purposes of this paragraph,
horizontal discharge vents that only discharge general building ventilation are
not considered stacks.
4. An owner
or operator of a facility whose stacks do not meet the criteria in subds. 2.
and 3. may demonstrate through air dispersion modeling that the facility's
emissions do not and will not cause or exacerbate a violation of any ambient
air quality standard or ambient air increment. If an air dispersion model is
not available for one or more pollutants, the demonstration for that pollutant
shall rely on the department's air quality analysis conducted under sub. (1)
(b).
(b) Notwithstanding
par. (a), the department may issue registration operation permits for coverage
of other types of facilities that the department determines have or will have
low actual or potential emissions, in response to a petition submitted under s.
NR 407.107.
(3) Sources ineligible for coverage under a
registration operation permit. Notwithstanding the existence of a registration
operation permit, an individual facility may not be covered under a
registration operation permit if any of the following criteria apply:
(a) The facility is 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) One or more
emissions units at the facility 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 operation permit or determined by the department to not preclude
eligibility for the registration operation permit.
(c) The facility's emissions 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).
(4) Procedure for determining coverage under
a registration operation permit for an individual facility.
(a) An owner or operator of a facility who
applies for coverage under a registration operation permit shall submit an
application using 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 registration permit application
forms.
(b) An owner or
operator of a facility 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 operation permit, shall apply for a different
type of permit.
(c) Within 15 days
after the receipt of an application for coverage, the department shall provide
one of the following to an applicant for a registration operation permit:
1. Written notice of the department's
determination that the facility is covered under a registration operation
permit.
2. A written description of
any information that is missing from the application for coverage under a
registration operation permit.
3.
Written notice of the department's determination that the facility does not
qualify for coverage under a registration operation permit, specifically
describing the reasons for that determination.
(d) The department shall grant coverage under
the registration operation permit if the owner or operator of the facility
applies for coverage and meets the eligibility requirements in the registration
operation permit, unless the facility is ineligible for coverage under sub.
(3).
(e) For the purpose of
determining whether a source is eligible for coverage under a registration
operation permit, the source's emissions shall be calculated using the terms
and conditions listed in the registration operation 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)
Construction or modification under a registration operation permit.
(a) No construction permit is required prior
to commencing construction, reconstruction, replacement, relocation or
modification of a stationary source if the facility is covered under a
registration operation permit and the construction, reconstruction,
replacement, relocation or modification will not result in the facility
violating any term or condition of the registration operation permit.
(b) 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 prior to receiving the construction permit. The owner or operator
shall also apply for an individual operation permit, a revision of its
individual operation permit or a general operation permit under this chapter.
Note: The construction permit may be an
individual, general or registration construction permit.
(6) Application for a different
permit.
(a) An owner or operator of a
facility 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 facility to be covered under a
general operation permit or be issued an individual operation permit. The owner
or operator shall submit a written request for the withdrawal of the
registration operation permit and a complete application for an individual or
general operation permit under s.
NR 407.05
or 407.10.
(b) An owner or operator
of a facility that has an individual operation permit may submit a request to
the department to revoke the individual operation permit pursuant to s.
NR 407.15 and allow the facility to be covered under a
registration operation permit. A complete application for a registration
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 facility that
is covered under a general operation permit may submit a request to the
department to withdraw coverage under the general operation permit and allow
the facility to be covered under a registration operation permit. A complete
application for a registration operation permit submitted under this section
shall be considered a request for withdrawal of coverage under the general
permit.
(d) The owner or operator
shall submit a request for revocation or withdrawal of an operation 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.
(7) Additional provisions related to
registration operation permits.
(a) An owner
or operator of a facility operating in compliance with a registration operation
permit shall be deemed to be in compliance with the applicable requirements in
chs.
NR
400 to 499 if the owner or operator conducts a
reasonable search and evaluation to identify applicable requirements and to
determine whether the facility is meeting the applicable requirements, is
operating in compliance with these applicable requirements and complies with
par. (b). A reasonable search and evaluation includes a search and evaluation
of chs.
NR
400 to 499, and shall include a reasonable effort to
review other readily accessible information relevant to the facility's
operations, such as data bases, workshops and materials available through trade
associations, vendors, the department's small business clean air assistance
program, the U.S. environmental protection agency and other recognized sources
of information on air regulations. The owner or operator shall document, in
writing, the results of the search and evaluation and shall keep the documents
at the facility for inspection upon request for as long as the facility is
covered under the registration operation permit.
(b) The owner or operator will not be deemed
to be out of compliance with the applicable requirements in chs.
NR
400 to 499 if an applicable requirement that was
previously not identified through the search and evaluation described in par.
(a) is later identified, if the owner or operator does all of the following:
1. Submits written notification to the
department within 21 days of identifying the applicable requirement.
2. Certifies that the facility is in
compliance with the applicable requirement no later than 90 days after
notifying the department. If requested, the department may extend the deadline
for achieving compliance.
3.
Submits documentation to demonstrate that the search and evaluation that was
conducted prior to identifying the applicable requirement was
reasonable.
(c)
Notwithstanding par. (b), the department retains the authority to order the
owner or operator to achieve compliance with the applicable requirements within
a specific time period shorter than the 90 calendar days whenever compliance in
the shorter period of time is feasible and necessary to protect public health
and the environment.
Contact the Compliance and Enforcement Section of the
Bureau of Air Management, 608-266-7718, for information on submitting the
notification.
