Section 407.07. Action on applications.

 

(1)  The department shall follow the procedures in s. 285.62 , Stats., in acting on applications for operation permits and for renewals of operation permits. The requirements in s. 285.62 (6) (a) to (c) , Stats., do not apply with respect to non-part 70 sources.

(2)  For applications for existing sources received by January 1, 1995, the department shall issue or deny the operation permit within 30 months after receiving a complete application.

(3)  For applications for new or modified sources for which a construction permit is required under s. 285.60 (1) (a) , Stats., and ch. NR 406 , the department shall:

(a) Conduct the review, notification and publication, public comment and public hearing processes under s. 285.62 (3) to (5) , Stats., for the operation permit simultaneously with the similar processes under s. 285.61 (3) to (7) , Stats., for the construction permit.

(b) Issue or deny the operation permit within 180 days after the application is considered to be complete or after the applicant submits to the department the results of all equipment testing and emission monitoring required under the construction permit, whichever is later.

(c)

1. Except as provided in subd. 3. , for part 70 sources, if, when comparing the permit conditions and emissions allowed under the construction permit to the permit conditions and emissions that would be allowed under the proposed operation permit prepared pursuant to s. 285.62 (6) , Stats., there will be a change that would require treatment as a significant permit revision under s. NR 407.13 , the department shall repeat the review, notification and publication, and public comment and public hearing processes under s. 285.62 (3) , (4) and (5) , Stats., with the new proposed conditions or higher levels of emissions prior to further processing of the permit.

2. For non-part 70 sources, if, when comparing the permit conditions and emissions allowed under the construction permit to the permit conditions and emissions that would be allowed under the operation permit, there will be a change that would require treatment as a significant permit revision under s. NR 407.13 , the department shall repeat the review, notification and publication, public comment and public hearing processes under s. 285.62 (3) , (4) and (5) , Stats., with the new proposed conditions or higher levels of emissions prior to issuing the permit.

3. Notwithstanding subd. 1. , for permits issued to part 70 sources prior to EPA approval of Wisconsin's operation permit program under section 502 (d) of the Act ( 42 USC 7661a (d)), if, when comparing the permit conditions and emissions allowed under the construction permit to the permit conditions and emissions that would be allowed under the operation permit, there will be a change that would require treatment as a significant permit revision under s. NR 407.13 , the department shall repeat the review, notification and publication, public comment and public hearing processes under s. 285.62 (3) , (4) and (5) , Stats., with the new proposed conditions or higher levels of emissions prior to issuing the permit.

History: Cr. Register, December, 1993, No. 456 , eff. 1-1-94; CR 04-106 : am. (3) (b) Register November 2005 No. 599 , eff. 12-1-05; CR 09-020 : am. (3) (c) 3. Register January 2010 No. 649 , eff. 2-1-10.