Section 407.15. Permit suspension, revocation and withdrawal from coverage.

  After providing 21 days written notice to the owner or operator of a non-part 70 source and to the persons listed in s. 285.62 (3) (b) 2. to 7. , Stats., except as provided in sub. (7) , or after providing 30 days written notice to the owner or operator of a part 70 source and to the persons listed in s. 285.62 (3) (b) 2. to 7. , Stats., the department may suspend, revoke, or withdraw a source from coverage under an operation permit, part of that permit, or the conditions of that permit. Permit suspension, revocation, or withdrawal from coverage may occur for any of the following reasons:

(1)   Violation. A significant or recurring violation of any condition of the permit which causes or exacerbates a violation of any ambient air quality standard or ambient air increment or which causes air pollution.

(2)   Misrepresentation or deliberate failure to disclose. Any misrepresentation or deliberate failure to disclose fully all relevant, significant facts when obtaining the permit.

(3)   Department determination. A determination by the department that the permit must be revoked or coverage withdrawn to assure compliance with the applicable requirements.

(4)   Request. A request by the permittee to suspend or revoke the permit.

(5)   Failure to pay fees. An intentional failure by the permittee to pay in full the fees required under ch. NR 410 , except the department may not suspend or revoke the permit for failure to pay fees while those fees are being disputed under s. NR 410.04 (6) .

(6)   Failure to file annual emission inventory reports. An intentional failure by the permittee to file annual air emission inventory reports required under s. NR 438.03 .

(7)   Source shutdowns. A permanent shutdown of operations of a stationary source so that it no longer needs a permit. For shutdown of a non-part 70 source, upon confirmation obtained by the department that a non-part 70 source has been permanently shut down or at the request of the source permit holder, the department may revoke a non-part 70 source operation permit without providing 21 days written notice as otherwise required under this section.

(8)   Cause or exacerbate .

(a) A determination by the department that the emissions unit or units covered under a general or registration operation permit cause or exacerbate, or may cause or exacerbate, a violation of any ambient air quality standard or ambient air increment. The determination shall be made through an air quality assessment using the following procedures, as appropriate, which may be conducted after the determination that the source was covered under the general or registration operation permit.

1. For general operation permits, the department shall use criteria, methodologies or modeling consistent with criteria, methodologies or modeling used for any air quality analysis conducted under s. NR 407.10 (1) (c) .

2. For registration operation permits, the department shall use an air dispersion model using maximum actual emissions on an annual or hourly basis or criteria, methodologies or modeling consistent with criteria, methodologies or modeling used for any air quality analysis conducted under s. NR 407.105 (1) (b) .

(b) Notwithstanding a determination made under par. (a) , the owner or operator will be deemed to be in compliance with the requirement to obtain an operation permit until the department takes final action on a subsequent application for an operation permit, if the application is submitted to the department by the owner or operator within 30 days after the department notifies the owner or operator of its determination under this subsection and the owner or operator is in compliance with the otherwise applicable general or registration operation permit from the time the determination is made under par. (a) until the department takes final action under this subsection.

History: Cr. Register, December, 1993, No. 456 , eff. 1-1-94; am. (intro.), Register, December, 1996, No. 492 , eff. 1-1-97; CR 04-107 : am. (intro.) and (3), cr. (8) Register August 2005 No. 596 , eff. 9-1-05; CR 15-005 : am. (5) (intro.), (7) Register November 2015 No. 719 , eff. 12-1-15.