Section 670.404. Consolidation of EPA permit and department license processing.

 

(1)  

(a) Whenever a facility or activity requires a department license and EPA permit, processing of the license and permit applications for the license and permit may be consolidated. The first step in consolidation is to prepare the preliminary determination of the license application and draft permit at the same time.

(b) Whenever a preliminary determination of the license application and the draft permit are prepared at the same time, the statements of basis, required under 40 CFR 124.7 for EPA issued permits only, or fact sheets, required under s. NR 670.408 , public comment periods, s. NR 670.410 , and any public hearings, s. NR 670.412 , on the preliminary determination and permit may also be consolidated. The operating license and permit may be issued together. They need not be issued together if in the judgment of the EPA or department, joint processing would result in unreasonable delay in the issuance of the permit or operating license.

(3)  Processing of the permit and license applications under sub. (1) may be consolidated by doing all of the following:

(b) The EPA and the department may agree to consolidate the draft permit and preliminary determination whenever a facility or activity requires both a permit and an operating license.

(c) Permit and license applicants may recommend whether or not the processing of their applications shall be consolidated.

CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06.