Section NR 407.025 - Permit flexibility(1)(a) The owner or operator of a stationary source that has an operation permit, or for which a timely and complete application has been submitted, may make a change to the stationary source that contravenes an express term of an operation permit without first obtaining a permit revision if all the following apply: 1. The change does not violate applicable requirements or contravene permit terms and conditions that are monitoring, including use of specified test methods, recordkeeping, reporting or compliance certification requirements.2. The change is not a modification as defined in s. 285.01(26), Stats., and rules promulgated thereunder.3. The change does not cause the stationary source to exceed the emissions allowable under the permit, whether expressed in the permit as an emissions rate or in terms of total emissions.4. Notice is given and the department does not inform the owner or operator of the stationary source that the change is not authorized, as provided in par. (b).(b)1. For each change allowed under par. (a), the owner or operator of the stationary source shall provide the department and, for part 70 sources, the administrator, with written notification of the proposed change a minimum of 21 days in advance of the date on which the proposed change is to occur. The written notification shall include a brief description of the change within the stationary source, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable as a result of the change.2. The owner or operator of the stationary source may not make the proposed change if the department informs the person before the end of the 21- day period provided in subd. 1. that the proposed change is not one authorized under this subsection.(c) The owner or operator of the stationary source, the department and the EPA, if applicable, shall attach each notification of a change made under this subsection to their copy of the relevant operation permit.(d) The permit shield described in s. 285.62(10) (b), Stats., may not apply to any change made pursuant to this subsection.(2)(a) The department shall, if an owner or operator of a stationary source requests it, issue an operation permit that contains terms and conditions, including all terms required under s. NR 407.09(1), (2) and (4), allowing for the trading of emissions increases and decreases at the stationary source solely for the purpose of complying with a federally-enforceable emissions cap that is established in the operation permit independent of otherwise applicable requirements. The permit applicant shall include in the application proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and enforceable. The department may not include in the emissions trading provisions any emissions units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emissions trades. Any operation permit issued pursuant to this subsection shall require compliance with all applicable requirements.(b) For any trade allowed in an operation permit pursuant to par. (a), the owner or operator of the stationary source shall provide the department and, for part 70 sources, the administrator, with written notification a minimum of 7 days in advance of the date on which the proposed trade is to occur. The written notification shall state when the change is proposed to occur and shall describe the changes in emissions that will result and how these changes in emissions will comply with the terms and conditions of the permit.(c) The permit shield described in s. 285.62(10) (b), Stats., may extend to terms and conditions that allow the increases and decreases in emissions allowed under this subsection.Wis. Admin. Code Department of Natural Resources NR 407.025
Cr. Register, December, 1993, No. 456, eff. 1-1-94; am. (1) (a) (intro.), 3., (b) 1., 2., (c), (2) (a) and (b), Register, December, 1997, No. 504, eff. 1-1-98; corrections in (1) (d) and (2) (c) made under s. 13.93(2m) (b) 7, Stats., Register, October, 1999, No. 526.