Section 407.10. General operation permits.

 

(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.

(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.

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.

(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.

(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.

(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.

(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 .

(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.

(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.

History: Cr. Register, December, 1993, No. 456 , eff. 1-1-94; am. (2) (intro.), r. (2) (e), Register, December, 1996, No. 492 , eff. 1-1-97; cr. (9), Register, December, 1997, No. 504 , eff. 1-1-98; am. (6) (intro.) and cr. (6) (a) (intro.), Register, October, 1999, No. 526 , eff. 11-1-99; CR 04-107 : r. and recr. Register August 2005 No. 596 , eff. 9-1-05; CR 07-040 : am. (4) (a) 2., cr. (4) (a) 2. (note) Register April 2008 No. 628 , eff. 5-1-08; CR 15-005 : am. (5) (b), (c), r. (5) (d) Register November 2015 No. 719 , eff. 12-1-15.

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) . Microsoft Windows NT 6.1.7601 Service Pack 1 An example of "the same class of air contaminants" is volatile organic compounds. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 The construction permit may be an individual, general or registration construction permit. Microsoft Windows NT 6.1.7601 Service Pack 1