Section NR 407.14 - Permit revision by the department(1) Mandatory revisions. Except for a change in an applicable requirement that is due to an addition of, or revision to, a hazardous air contaminant standard or control requirement in subch. II of ch. NR 445, the department shall revise an operation permit for any of the following reasons: (a) The permit needs to be revised to assure compliance with applicable requirements.(b) There is a change in any applicable requirement, a new applicable requirement, or an additional applicable requirement, and there are 3 or more years remaining in the permit term.(c) There is a change in any applicable emission limitation, ambient air quality standard or ambient air quality increment that requires either a temporary or permanent reduction or elimination of the permitted emission, and there are 3 or more years remaining in the permit term.(d) The permit contains a material mistake or inaccurate or unclear statements. (1m) Discretionary revisions. The department may revise an operation permit for any of the reasons listed in sub. (1), regardless of the years remaining in the permit term, or for any of the following reasons: (a) There is or has been a significant or recurring violation of any condition of the permit.(b) The permittee has misrepresented or failed to disclose fully all relevant facts when obtaining an operation permit.(c) There was a reconstruction, replacement or modification of the stationary source that did not require a construction permit under ch. NR 405, 406 or 408.(d) The permit contains a typographical error that does not sub-stantively change the meaning of a permit condition.(e) A change in the applicable requirement is due to an addition of, or revision to, a hazardous air contaminant standard or control requirement in subch. II of ch. NR 445.(f) A decision by the department to establish an expiring term in a non-part 70 source operation permit as allowed in s. NR 407.09(1) (b) 3.(2) Acid rain. Revisions to the acid rain provisions of the permit shall be governed by s. NR 409.12.(3) Procedures. The department shall use the procedures in s. 285.62, Stats., and s. NR 407.09 when processing revisions under this section unless the change is one described in s. NR 407.11(1), in which case the procedures in s. NR 407.11(3) (b) may be used. The department shall provide a written notice of intent to revise the permit to the permittee at least 30 days prior to initiating a permit revision under this section.(4) Timetable for issuance. Revisions under this section shall be issued within 180 days of giving notice under sub. (3). (a) If the revision is being made to include a new applicable requirement in a permit, the department shall issue the revision under this section no later than 18 months after promulgation of the new applicable requirement. In cases where the effective date of the applicable requirement is later than the date on which the permit is due to expire, revision under this section is not required.(b) The department may not issue a permit revision under this section until after the 45 day period EPA has to review the proposed action under s. 285.62(6) (b), Stats., or until EPA has notified the department that EPA will not object to issuance of the revised permit, whichever is first.(c) If the revision is being made to a general or registration operation permit, the department shall determine whether each individual source that is covered under the general or registration operation permit qualifies for coverage under the revised permit prior to issuing the revised permit.Wis. Admin. Code Department of Natural Resources § NR 407.14
Cr. Register, December, 1993, No. 456, eff. 1-1-94; am. (2), Register, April, 1995, No. 472, eff. 5-1-95; am. (1) (intro.), renum. (1) (a), (b), (c), (d), (h), (f), (g) and (i) to be (1m) (a), (1) (a), (b), (c) and (d), (1m) (b), (c) and (d) and am. (1) (b) and (cr), cr. (1m) (intro.), Register, December, 1997, No. 504, eff. 1-1-98; CR 02-097: am. (1), cr. (1m) (e), Register June 2004 No. 582, eff. 7-1-04; CR 04-107: cr. (4) (c) Register August 2005 No. 596, eff. 9-1-05; CR 07-076: am. (1) (intro.) and (1m) (e) Register July 2008 No. 631, eff. 8-1-08.Amended by, CR 15-005: cr. (1m) (f) Register November 2015 No. 719, eff.12/1/2015.Amended by, CR 19-015: am. (1m) (d) Register September 2020 No. 777, eff. 10-1-20; correction in (3) made under s. 13.92(4) (b) 7., Stats., Register September 2020 No. 777, eff. 10/1/2020 This section covers individual operation permits, general operation permits and registration operation permits.