Section 409.08. Application for the acid rain portion of an operation permit.

 

(1)   Requirement to apply.

(a) Duty to apply.

1. The designated representative of any source with an affected unit shall submit a complete acid rain portion of an operation permit application by the applicable deadline in pars. (b) and (c) , and the owners and operators of the source and any affected unit at the source may not operate the source or unit without a permit or permit application meeting the requirements of sub. (3) that states its acid rain program requirements.

2. The designated representative of any source with an affected unit subject to s. NR 409.065 shall submit, by the applicable deadline under par. (c) 2. , a complete acid rain portion of an operation permit application or, if the unit is covered by an acid rain portion of an operation permit, a complete permit revision that includes a complete compliance plan for NO x emissions covering the unit.

(b) Deadlines.

1. For any source with an existing unit described under s. NR 409.01 (1) (a) 2. , the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department on or before January 1, 1996.

2. For any source with a new unit described under s. NR 409.01 (1) (a) 3. a. , the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department at least 24 months before the later of January 1, 2000 or the date on which the unit commences operation.

3. For any source with a unit described under s. NR 409.01 (1) (a) 3. b. , the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department at least 24 months before the later of January 1, 2000 or the date on which the unit begins to serve a generator with a nameplate capacity greater than 25 MWe.

4. For any source with a unit described under s. NR 409.01 (1) (a) 3. c. , the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department at least 24 months before the later of January 1, 2000 or the date on which the auxiliary firing commences operation.

5. For any source with a unit described under s. NR 409.01 (1) (a) 3. d. , the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department before the later of January 1, 1998 or March 1 of the year following the 3 calendar year periods in which the unit sold to a utility power distribution system an annual average of more than one-third of its potential electrical output capacity and more than 219,000 MWe-hrs actual electric output, on a gross basis.

6. For any source with a unit described under s. NR 409.01 (1) (a) 3. e. , the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department before the later of January 1, 1998 or March 1 of the year following the calendar year in which the facility fails to meet the definition of qualifying facility.

7. For any source with a unit described under s. NR 409.01 (1) (a) 3. f. , the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department before the later of January 1, 1998 or March 1 of the year following the calendar year in which the facility fails to meet the definition of an independent power production facility.

8. For any source with a unit described under s. NR 409.01 (1) (a) 3. g. , the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department before the later of January 1, 1998 or March 1 of the year following the 3 calendar year periods in which the incinerator consumed 20% or more fossil fuel, on a Btu basis.

(c) Duty to reapply.

1. The designated representative shall submit a complete acid rain portion of an operation permit application for each source with an affected unit at least 6 months before the permit expires.

2. The designated representative of any source with an affected unit subject to s. NR 409.065 shall submit a complete acid rain portion of an operation permit application, including a complete compliance plan for NO x emissions covering the unit, in accordance with par. (d) and with the deadlines in subd. 1.

(d) Number of copies.

1. The original and 3 copies of all permit applications shall be submitted to the department.

2. The original and 3 copies of the compliance plan for NO x emissions for Phase II shall be submitted to the department, and one copy of the compliance plan for NO x emissions submitted to U.S. EPA headquarters, acid rain division.

(e) Multiple applications. Where 2 or more affected units are located at a source, the department may allow the designated representative of the source to submit, under par. (a) or (c) , 2 or more acid rain portions of operation permit applications covering the units at the source, provided that each affected unit is covered by one and only one application.

(2)   Information requirements for the acid rain portion of operation permit applications. A complete acid rain portion of an operation permit application shall be submitted on a form approved by the department and shall include the following elements:

(a) Identification of the affected source for which the acid rain portion of the permit application is submitted.

(b) Identification of each affected unit, except for an opt-in unit, at the source for which the acid rain portion of the permit application is submitted.

(c) A complete compliance plan for each unit, in accordance with s. NR 409.09 .

(d) The standard requirements under s. NR 409.06 .

(e) If the unit is a new unit, the date that the unit has commenced or shall commence operation and the deadline for monitor certification under 40 CFR part 75 .

(f) If the unit is subject to s. NR 409.065 , the following information:

1. Identification of each affected unit that is at the source and is subject to s. NR 409.065 .

2. Identification of the boiler type of each unit.

3. Identification of the compliance option proposed for each unit, including meeting the applicable emissions limitation under s. NR 409.065 (2) , (3) or (4) , (5) (early election), (6) (alternative emission limitation), or (7) (NO x emissions averaging), and any additional information required for the appropriate option in accordance with s. NR 409.065 .

4. The compliance certification statements required of the designated representative in accordance with s. NR 409.07 (1) (b) and (c) .

(3)   Permit application shield and binding effect of permit application.

(a)

1. Once a designated representative submits a timely and complete acid rain portion of an operation permit application, the owners and operators of the affected source and the affected units covered by the permit application shall be deemed in compliance with the requirement to have an acid rain portion of an operation permit under ss. NR 409.06 (1) (b) and 409.08 (1) (a) .

2. After an application for an operation permit has been initially deemed complete, the department may require additional information, including other information than that requested on the application forms, as needed to process the application. The department shall specify, in writing, a reasonable time period, of not less than 30 days, for the applicant to submit the requested information. The applicant may request and the department may grant a reasonable extension of the time period to submit the requested information. If the applicant does not supply the information requested by the date specified, the authorization for an existing source to operate under s. 285.62 (8) , Stats., no longer applies to the source.

(b) Prior to the date on which an acid rain portion of a permit is issued or denied, an affected unit governed by and operated in accordance with the terms and requirements of a timely and complete acid rain portion of an operation permit application shall be deemed to be operating in compliance with the acid rain program.

(c) A complete acid rain portion of an operation permit application shall be binding on the owners and operators and the designated representative of the affected source and the affected units covered by the permit application and shall be enforceable as an acid rain portion of an operation permit from the date of submission of the permit application until the issuance or denial of the acid rain portion of an operation permit covering the units.

(4)   Relationship to ch. nr 407 operation permit program.

(a) The department shall act in accordance with this chapter and chs. NR 406 and 407 for the purpose of incorporating acid rain program requirements into each affected source's operation permit or for issuing written exemptions under ss. NR 409.04 , 409.05 and 409.055 . To the extent that any requirements of this chapter are inconsistent with the requirements of ch. NR 406 or 407 , this chapter shall take precedence and shall govern the issuance, denial, revision, reopening, renewal and appeal of the acid rain portion of an operation permit. For purposes of applying this subsection, the provisions of this chapter and of chs. NR 406 and 407 applicable to acid rain portions of operation permit applications and acid rain portions of operation permits shall also apply to petitions for exemption for new units, retired units or non-cogeneration industrial utility units to the extent consistent with ss. NR 409.04 , 409.05 and 409.055 .

History: Cr. Register, April, 1995, No. 472 , eff. 5-1-95; renum. (1) (a) to be (1) (a) 1., (1) (c) to be (1) (c) 1. and (1) (d) to be (1) (d) 1., cr. (1) (a) 2., (c) 2., (d) 2., (e) and (f) and am. (2) (b), (3) (b), (c) and (4) (a), Register, November, 1999, No. 527 , eff. 12-1-99; CR 09-020 : am. (1) (c) 1. Register January 2010 No. 649 , eff. 2-1-10.

Note

Note: Application forms may be obtained from the regional and area offices of the department or from the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921, Attention: Operation permits. Microsoft Windows NT 6.1.7601 Service Pack 1 Early election units were required to submit an application to U.S. EPA not later than January 1, 1997. For a Phase I or Phase II unit with a Group 1 or Group 2 boiler, the designated representative was required to submit a complete permit application and compliance plan for NO x emissions covering the unit in Phase II to the department and U.S. EPA not later than January 1, 1998. Microsoft Windows NT 6.1.7601 Service Pack 1 Application forms may be obtained from the regional offices of the department or from the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921, Attention: Operation permits. Microsoft Windows NT 6.1.7601 Service Pack 1