Section 407.04. Permit application requirements.

  The owner or operator of an air contaminant source which is not exempt under s. 285.60 (5) , Stats., or s. NR 407.03 shall submit an operation permit application or renewal application, in accordance with s. NR 407.05 , by the dates specified in this section:

(1)   Initial filing dates. Except as provided under subs. (3) to (7) , the initial operation permit application shall be submitted by one of the following dates:

(a) Existing sources, initial application. For initial applications for all existing sources, the date in the appropriate column of Table 1 for part 70 and non-part 70 sources corresponding to the county in which the source is located. Where the location of a source is in 2 or more counties, the date an application is due shall be the latest date listed for any of the counties in which the source is located. Any existing air contaminant source for which an application is submitted requesting that it be made a synthetic minor source is a part 70 source until a permit making that source a synthetic minor source is issued and, except as allowed in sub. (3) , is subject to the filing dates listed for part 70 sources. If a source submits an application on or before the date specified in Table 1 and the department determines that the application is incomplete, the source shall have 30 days from the date that the department notifies the source of the incompleteness determination to complete the application.

(b) New and modified sources.

1. In accordance with s. 285.62 (11) (b) 2. , Stats., for new or modified sources for which a construction permit is required and which apply for a construction permit after November 15, 1992, the date that the application for the construction permit is filed.

2. For new or modified sources for which a construction permit is required and which applied for a construction permit before November 15, 1992, a date at least 120 days prior to the expiration date of the construction permit.

3. For new or modified sources for which no construction permit is required, a date before the source commences construction or modification. For purposes of determining the date of commencement of construction or modification, the exclusions provided in s. NR 406.03 (1e) shall apply.

(2)   Permit renewal. Pursuant to s. 285.66 (3) , Stats., a permittee shall apply for renewal of an operation permit at least 6 months before the permit expires. No permittee may continue operation of a source after the operation permit expires, unless the permittee submits a timely and complete application for renewal of the permit.

(3)   Extensions and deferrals.

(a) Extensions for cause. An existing source may request and the department may grant an extension of not more than 60 days beyond the applicable date specified in sub. (1) (a) if all of the following conditions are met:

1.

a. The extension is requested in writing at least 30 but no more than 90 days before the application is due.

b. The department may waive the 30 day requirement in subd. 1. a. if an emergency occurs that makes it impossible for the source to meet that deadline.

2. The applicant demonstrates that the reason that they cannot meet the date specified in sub. (1) (a) is beyond their reasonable control.

3. The extension does not extend the date that a complete application is due for a part 70 source beyond November 15, 1995.

(b) Deferral for sources proposing to become synthetic minor sources.

1. If an existing source proposes to be permitted as a synthetic minor source in order to avoid being classified as a part 70 source, the owner or operator shall:

a. Submit a complete application for an operation permit for a non- part 70 source in accordance with s. NR 407.05 (4) and (8) by the date that a part 70 source permit application would be due for that source under the schedule in Table 1.

b. Submit information to show that the actual emissions of each air contaminant emitted by the source for the 2 most recent years prior to the submittal of the application for an operation permit were less than the corresponding thresholds for being classified a major source under s. NR 407.02 (4) . If available, actual emissions, as reported to the department pursuant to ch. NR 438 , shall be submitted.

c. Submit information to show that the source is a part 70 source solely due to its classification as a major source.

2. The department shall review the application and determine whether the source may be permitted as a non-part 70 source and whether the source has demonstrated that the requirements of subd. 1. have been met. If the department determines that the source may be permitted as a non-part 70 source and the requirements of subd. 1. have been met, it shall process the application in accordance with s. 285.62 , Stats., and ss. NR 407.07 and 407.09 . If the department determines that the source may not be permitted as a non-part 70 source, the department shall notify the source of that determination. The owner or operator of the source shall then submit to the department a complete application for a part 70 source in accordance with s. NR 407.05 (4) by October 30, 1995.

(4)   Perchloroethylene dry cleaning facilities. Notwithstanding sub. (1) , the owner or operator of any perchloroethylene dry cleaning facility that is not a major source or located at a major source as defined in s. NR 468.20 (2) (L) , is not required to obtain a construction permit under ch. NR 406 and on which construction commenced prior to July 1, 1995 , shall submit an operation permit application, on application forms available from the department, by July 1, 1996.

(5)   Halogenated solvent cleaning. Notwithstanding sub. (1) and except as provided in sub. (4) , the owner or operator of any batch vapor or in-line cleaning machine as defined in s. NR 469.02 (3) , (26) and (44) that uses any halogenated HAP solvent as a cleaning or drying agent and that is not a major source or located at a major source and on which construction commenced prior to April 1, 1997, shall submit an operation permit application for a part 70 source, on application forms available from the department, by the date that an operation permit application for a non-part 70 source would be due for that source under the schedule in Table 1.

(6)   Chromium electroplating and chromium anodizing operations. Notwithstanding sub. (1) , the owner or operator of any facility which does hard or decorative chromium electroplating as defined in s. NR 463.02 (18) and (10) or chromium anodizing as defined in s. NR 463.02 (7) that is not a major source or located at a major source, is not required to obtain a construction permit under ch. NR 406 , and on which construction commenced prior to October 1, 1997 , shall submit an operation permit application for a part 70 source, on application forms available from the department, by the date that an operation permit application for a non-part 70 source would be due for that source under the schedule in Table 1.

(7)   Secondary aluminum processing units. Notwithstanding sub. (1) , the owner or operator of any facility which has a secondary aluminum processing unit as defined in s. NR 463.12 (35) that is not a major source and is not required to obtain a construction permit under ch. NR 406 , shall submit an operation permit application for a non-part 70 source on application forms available from the department no later than one year after January 1, 2009. - See PDF for table

History: Cr. Register, December, 1984, No. 348 , eff. 1-1-85; renum. (1) to be (1) (a), cr. (1) (b), Register, September, 1988, No. 393 , eff. 10-1-88; am. (1) (a), renum. Table, Register, May, 1992, No. 437 , eff. 6-1-92; am. (1) (a), Register, June, 1993, No. 450 , eff. 7-1-93; r. and recr. Register, December, 1993, No. 456 , eff. 1-1-94; am. (1) (intro.), cr. (4), Register, June, 1995, No. 474 , eff. 7-1-95; am. (3) (b) 1. b., Register, December, 1996, No. 492 , eff. 1-1-97; am. (1) (intro.) and (4) and cr. (5), Register, March, 1997, No. 495 , eff. 4-1-97; am. (1) (intro) and cr. (6), Register, September, 1997, No. 501 , eff. 10-1-97; cr. (intro.) and am. (1) (intro.) and (b) 3., Register, October, 1999, No. 526 , eff. 11-1-99; CR 04-023 : cr. (7) Register December 2008 No. 636 , eff. 1-1-09; CR 09-020 : am. (2) Register January 2010 No. 649 , eff. 2-1-10; CR 15-005 : am. (1) (intro.), (b) 3. Register November 2015 No. 719 , eff. 12-1-15; correction in (1) (b) 3. made under s. 35.17 , Stats., Register November 2015 No. 719 .

Note

Application forms may be obtained from the Department Regional Headquarter or Service Center offices or from the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921, Attention: operation permits. Microsoft Windows NT 6.1.7601 Service Pack 1 Under 40 CFR 70.5 (a)(1)(iii), the renewal application must be submitted at least 6 months, but not more than 18 months before the permit expires. Microsoft Windows NT 6.1.7601 Service Pack 1