Sec. NR 407.12 - Minor revisions

ยง NR 407.12. Minor revisions

(1) Eligibility. Any person holding an operation permit may submit a request to the department to revise the operation permit, to reflect a proposed change at the facility, using the minor permit revision procedures described in this section, provided the proposed change meets all of the following criteria:

(a) Does not violate any applicable requirement.

(b) Does not involve significant changes to existing monitoring, reporting or recordkeeping requirements in the permit.

(c) Does not require or change a source-specific determination of an emission limitation or other standard, a source-specific limitation based on ambient air impacts or a visibility or ambient air increment analysis.

(d) Does not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and which the source has accepted in its permit in order to avoid an applicable requirement to which it would otherwise be subject. This type of term or condition includes, but is not limited to:

1. An emissions cap accepted by the source to avoid a previous change being classified as a modification under s. 285.01(26), Stats., and rules promulgated thereunder.

2. An alternative emission limit approved pursuant to regulations promulgated under section 112 (i) (5) of the Act (42 USC 7412(i) (5)).

(2) Acid rain. No minor permit revision may be requested or made to any acid rain provision of a permit.

(3) Permittee's request. A request for a minor permit revision shall be submitted using forms provided by the department and shall include the following:

(a) A description of the change, the effect on emissions resulting from the change, and any additional applicable requirements that will apply if the change occurs.

(b) The permittee's suggested draft permit containing all applicable permit content elements under s. NR 407.09.

(c) Certification by a responsible official in accordance with s. NR 407.05(4) (j) that the proposed revision meets the criteria in sub. (1).

(d) Completed forms for the department to use to notify EPA and the affected states of the proposed minor permit revision.

(4) Schedule and procedures.

(a) Except as provided in s. NR 407.16, within 5 working days of receipt of a complete request for a minor permit revision, the department shall notify EPA, affected states, and those listed in s. 285.62(3) (b) 2 to 5., Stats., of the request for minor permit revision. The department shall then accept comments on the proposed revision for 30 days, commencing on the date that notice is given. If an affected state has submitted comments in response to the notice and the department has not accepted those comments, the department shall notify that state and EPA in writing of its decision not to accept the comments and the reasons for that decision.

(b) The department may not act on a request for a minor permit revision until 45 days after providing notice of the requested revision to EPA or until EPA has notified the department that EPA will not object to issuance of the minor permit revision, whichever is first. Within 90 days of the department's receipt of a complete request for a minor permit revision or 15 days after the end of EPA's 45-day review period, whichever is later, the department shall do one of the following:

1. Issue the minor permit revision as proposed.

2. Deny the minor permit revision.

3. If the department determines that the revision may not be issued as proposed but could be issued if it were amended, amend the draft permit revision, transmit the amended revision to EPA, affected states, and those listed in s. 285.62(3) (b) 2 to 5., Stats., and process the amended proposed minor permit revision under this subsection.

(c) The permittee may make the change proposed in its request for a minor permit revision immediately after it files the request. After the permittee makes the change, and until the department takes any of the actions specified in par. (b), the permittee shall comply with both the applicable requirements governing the change and the permittee's suggested draft new permit terms and conditions. During this time period, the permittee need not comply with the permit terms and conditions it is seeking to revise. However, if the permittee fails to comply with its suggested draft new permit terms and conditions during this time period, the existing permit terms and conditions it seeks to revise may be enforced against it. If the department determines that the proposed change may not be made pursuant to a minor permit revision, and the permittee has already made the change at the facility, the permittee shall be liable for any violations of the permit conditions it is requesting to be revised.

(5) Permit shield. The permit shield under s. 285.62(10) (b), Stats., may not be extended to minor permit revisions.

(Cr. Register, December, 1993, No. 456, eff. 1-1-94; am. (4) (b), Register, December, 1996, No. 492, eff. 1-1-97; CR 04-106: am. (1) (intro.), cr. (e) Register November 2005 No. 599, eff. 12-1-05; CR 09-020: am. (1) (d) 2. Register January 2010 No. 649, eff. 2-1-10. Amended by, CR 19-015: r. (1) (e) Register September 2020 No. 777, eff. 10/1/2020)

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