Section NR 406.03 - Permit requirements and exemptions for construction permits(1) Permit requirement. Except as provided in sub. (2), no person may commence construction, reconstruction, replacement, relocation or modification of a stationary source unless the person has a construction permit for the source or unless the source is exempt from the requirement to obtain a permit under s. 285.60(5), Stats., or under this chapter.(1e) Exclusions. Notwithstanding the definitions of "commence construction" and "commence modification" in s. NR 400.02(44) and (45) respectively, for projects reviewed under this chapter, all of the following activities may be excluded when determining if construction, reconstruction, replacement, relocation, or modification has commenced:(c) Erecting temporary storage structures.(d) Dismantling existing equipment or structures.(e) Ordering equipment or control devices.(f) Temporary storage of equipment on site.(h) Programs undertaken to locate underground utilities.(i) Installation of erosion control measures. Note: Undertaking any of the activities listed under s. NR 406.03(1e) does not relieve the applicant from the obligation to comply with any other applicable regulations or requirements. If the applicant proceeds with any of the activities prior to receiving a construction permit, the applicant does so at their own risk and the department is not obligated to issue the air permit.
(1m) Application and forms. (a) Applications for construction permits shall be made on forms supplied by the department for these purposes and supplemented with other materials as indicated on the forms. The forms may be supplied by the department in an electronic format, such as on a computer disk, or on line. Note: Application forms may be obtained from Department Regional Headquarters or Service Center offices, or from the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921, Attention: Construction permits. The internet web address is: http://dnr.wi.gov/top-ic/AirPermits/Forms.html.
(b) Application materials, including construction permit waiver requests, may be submitted on paper or in an electronic format. The applicant shall submit all forms and other required materials, as indicated on the forms. When electing to submit materials on paper, the applicant shall submit the materials to the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921, Attention: Construction permits.(2) Waiver of construction permit requirements. (a) A person who is required to obtain a construction permit under s. 285.60, Stats., may request a waiver from the department in order to commence construction, reconstruction, replacement, relocation or modification of an air pollution source prior to the department issuing a construction permit to the source under this chapter. A waiver request shall be made in writing and shall include an explanation of the circumstances that justify the request and when those circumstances arose or may be anticipated to arise. The waiver request shall be signed by a responsible official for the facility.(b) The department may grant a waiver provided that all of the following conditions are satisfied: 1. The person has submitted a complete construction permit application for the source to the department.2. The person has submitted a complete waiver request to the department which demonstrates that undue hardship will be caused if a waiver is not granted. Undue hardship may result from any of the following: a. Adverse weather conditions.b. Catastrophic damage of existing equipment.c. A substantial economic or financial hardship.d. Other unique conditions.3. The person has paid the waiver review fee required under s. NR 410.03(1) (bm).(c) The department shall act on the waiver request within 15 days of receipt of a complete request and respond to the applicant either approving or denying that request.(d) The source may commence construction, reconstruction, replacement, relocation or modification when a waiver is granted. Note: A waiver does not relieve the applicant from the obligation to comply with any other applicable regulations or requirements. If the applicant proceeds with construction after a waiver is granted, they do so at the applicant's own risk. Granting the waiver does not obligate the department to approve the air permit application for the source.
(e) The source referenced in par. (b) 1. may not be initially operated until a construction permit is issued.(f) The department may not grant a waiver for a source that requires a permit under ch. NR 405 or 408 or requires a permit to establish enforceable limitations on potential to emit to avoid permit requirements of ch. NR 405 or 408.(g) The department may not grant a waiver for a source located or to be located within 10 kilometers of a Class I area under this subsection.(h) The department may rescind a waiver granted under this subsection if the owner or operator does not diligently respond to department inquiries on the construction permit application or if the department preliminarily determines that the source will not meet the criteria for permit approval under s. 285.63(1), Stats. Wis. Admin. Code Department of Natural Resources NR 406.03
Renum. from NR 154.04(1), Register, September, 1986, No. 369, eff. 10-1-86; emerg. am. eff. 11-15-92; am. Register, May, 1993, No. 449, eff. 6-1-93; CR 06-079: renum. to be (1) and am., cr. (2) Register May 2007 No. 617, eff. 6-1-07; CR 09-020: am. (1), cr. (1m) Register January 2010 No. 649, eff. 2-1-10.Amended by, CR 15-005: cr. (1e) Register November 2015 No. 719, eff. 12-1-15; correction in (1e) (intro.) made under s. 35.17, Stats., Register November 2015 No. 719, eff.12/1/2015.Amended by, CR 19-015: am. (1e) (intro.), r. (1e) (a), (b), am. (1e) (c), r. (1e) (j), am. (1m) (a), (b), (2) (b) 2. c., (g) Register September 2020 No. 777, eff. 10/1/2020 The address of the Madison headquarters is: Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707, Attention: Permit Application Forms