Section 407.11. Administrative permit revisions.

 

(1)   Eligibility. Upon request of a permittee, the department may revise an operation permit administratively using the procedures in this section if the revision requested is one of the following:

(a) Correction of a typographical error.

(b) A change in the name, address or telephone number of any person identified in the permit, or a similar administrative change at the stationary source, unrelated to emissions.

(c) More frequent monitoring, recordkeeping or reporting by the permittee.

(d) A change in ownership or operational control of a stationary source if the department determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage and liability between the current and new permittee has been submitted to the department.

(e) Revision of an operation permit to include the requirements from a construction permit issued under ch. NR 405 , 406 or 408 , provided the procedural requirements of s. 285.62 (1) to (7) , Stats., are met during the issuance of the construction permit.

(2)   Acid rain. Administrative permit revisions to the acid rain provisions of the permit shall be governed by s. NR 409.12 .

(3)   Procedures. The department shall use the following procedures in processing administrative permit revisions:

(a) Any person holding an operation permit who seeks an administrative permit revision shall file a written request with the department. The request shall identify the permit to be administratively revised, outline the specific item for which a revision is sought, and set forth the reasons why a permit revision is sought. The request shall be signed by a responsible official and shall be provided to the bureau of air management, either by personal delivery to the office, located at 101 South Webster Street, Madison, Wisconsin, or by mailing to the following address: PO Box 7921, Madison WI 53707.

(b) The department shall act on a request for an administrative permit revision within 60 days of receipt of a complete request under this section. The department may administratively revise the operation permit, without providing notice or opportunity for comment or hearing to the public, affected states or EPA, provided that the department determines the revision is one allowed under this section.

(c) Except as provided in s. NR 407.16 , the department shall submit a copy of the revised operation permit to the administrator.

(4)   Schedule. The permittee may implement the change addressed in the request for an administrative permit revision immediately upon submittal of the request. If the department determines that the proposed change may not be made pursuant to an administrative permit revision, and the permittee has already made the change at the facility, the permittee shall be liable for violation of the permit condition it is requesting to be revised.

History: Cr. Register, December, 1993, No. 456 , eff. 1-1-94; am. (2), Register, April, 1995, No. 472 , eff. 5-1-95; CR 04-106 : cr. (1) (e) Register November 2005 No. 599 , eff. 12-1-05.