Wisconsin Statutes Environmental Regulation (Ch. 280 to 299) § 285.64. Criteria for operation permits for stationary sources

(1) Issuance to sources not in compliance; federal objection. (a) Notwithstanding s. 285.63, the department may issue an operation permit for a stationary source that does not comply with the requirements in the operation permit, in the federal clean air act, in an implementation plan under s. 285.11(6) or in s. 285.63 when the operation permit is issued if the operation permit includes all of the following:

(b) Notwithstanding par. (a) and s. 285.63, the department may not issue an operation permit to a stationary source if the federal environmental protection agency objects to the issuance of the operation permit as provided in s. 285.62(6) unless the department revises the operation permit to meet the objection.

(2) One-year moratorium on revocation. (a) The department may not revoke an operation permit for an existing source for one year after the issuance of that permit based upon failure of the existing source at the time of permit issuance to comply with this chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15.

(b) Notwithstanding par. (a), the department may take any other action necessary to enforce an operation permit and this chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15 which apply to the existing source after issuance of an operation permit under this section.