Action on permit applications

Action on permit applications. (1) This section applies to actions on permits for which applications are received on or after August 1, 2015. This section does not apply to actions on applications for permits where the source commences construction, reconstruction, replacement, relocation, or modification prior to issuance of a construction permit. This section does not apply to construction permits which are subject to the notice, comment, and hearing provisions of s. 293.43 , 295.45 , or 295.57 , Stats. (2) (a) The department shall make a determination under s. 285.61 (8) , Stats., on a permit application within 205 business days of receipt of a complete application for construction or modification of a major stationary source as defined in s. NR 405.02 (22) or a major source as defined in s. NR 408.02 (21) , unless compliance with s. 1.11 , Stats., requires a longer time. For a major source that is located in an attainment area, the department shall complete its responsibilities under s. 1.11 , Stats., within one year. (b) The department shall make a determination under s. 285.61 (8) , Stats., on a permit application within 145 business days of receipt of a complete application for construction or modification of any stationary source not described in par. (a) , unless compliance with s. 1.11 , Stats., requires a longer time. (3) If the department does not make a determination within the applicable time period specified in sub. (2) , the department may not impose an application fee for the permit under s. NR 410.03 , and shall refund any application fee submitted with the application. (4) (a) The Forest County Potawatomi Community shall have the opportunity to review best available control technology (BACT) or maximum achievable control technology (MACT) determinations made by the department for any new or modified source that is either of the following: 1. Wholly or partially locating or located within a radius of 22.25 miles from the geographic center of the FCPC Class I area, as identified in s. NR 400.02 (66m) . 2. Wholly or partially locating or located within 62 miles of the FCPC Class I area, and has a modeled impact exceeding 1 microgram per cubic meter averaged over any 24-hour period for mercury or for any regulated pollutant that has an ambient air quality standard in s. NR 404.04 . (b) Disagreements between the department and the Forest County Potawatomi Community regarding BACT or MACT determinations are subject to dispute resolution but the department shall act on a permit application according to time period requirements under ss. 285.61 and 285.62 , Stats.