Air Permit Options

Overview

Types of Air Permits

The Wisconsin air pollution control permit program has permits for two kinds of scenarios: new and existing facilities. For new facilities, construction permits ensure that proposed projects can meet air pollution standards before they are constructed. For existing facilities, operation permits set emission limits and establish monitoring, record-keeping and reporting requirements. These permit conditions may be revised as facilities expand, replace equipment or change operations.

Source-specific construction or operation permits are written and issued individually for new and existing power plants and other significant air emission sources. In some cases, source-specific permits are required by federal law, such as for major facilities like paper mills, utilities or the larger printing shops. In other cases, the permit reviews may be desirable because they can better help an industry understand which air regulations apply to them and what they need to do to comply with those regulations.

Wisconsin has also developed general construction permits and general operation permits for asphalt plants, rock crushing facilities and various types of printers.

Finally, the DNR has developed a registration permit that allows small emitters to quickly register themselves for a permit in return for keeping emissions low. The permits contain facility-wide emission caps as well as monitoring, recordkeeping and reporting requirements.

The Permit Options Matrix (SB-122) provides a summary of the air pollution control permit options available from the department. We also have an interactive Permit Primer to help you determine which environmental requirements may apply and what permits you need.

Permitting Process

The permitting process is designed to be transparent. Almost all permit-related documents are open records, including applications, modeling analyses and permit drafts. Input from the public and the permit applicant is encouraged throughout the process and can affect the content of the permit. Federal and state laws require all air pollution sources in Wisconsin to have a permit unless the source is determined to be exempt.

• Learn the basic steps of the permitting process.

Construction

Construction Permits

A construction permit allows a company to construct, reconstruct, modify, relocate or replace an air pollution source. Administrative code requirements for construction permits are found in chapters NR 405, 406 and 408, Wis. Adm. Code.

More information on construction permits is available here.

Construction Permit FAQ

What projects require an air pollution control construction permit?

Projects involving construction, reconstruction, replacement, relocation or modification of a direct source of emissions that do not meet an exemption or exclusion from modification under s. NR 406.04, Wis. Adm. Code, require a construction permit. More information about construction permit exemptions is available on the Air Permit Exemptions page.

How do I apply for a construction permit?

The DNR's construction permit application checklists include the information that must be submitted when applying for a construction permit, including links to application forms, submittal instructions, helpful tips and optional information that can be included to speed up the permitting process. These checklists are located on the Air Permit and Compliance Forms page.

For assistance in preparing a permit application, consider enlisting outside consulting services. Wisconsin's Small Business Environmental Assistance Program (SBEAP) has a Consultants List (SB-004). The SBEAP has not reviewed the firms on this list, and their inclusion does not imply any endorsement. The information is provided for permittee assistance.

How long does it take to obtain a construction permit?

On average, it takes about four months for DNR to issue a construction permit, which includes a required 30-day public comment period. Individual permits may take more or less time depending on a variety of factors including the complexity of the permit, DNR's current permit workload, and the completeness of the permit application.

How much does a construction permit cost?

The initial application fee for all construction permits is $7,500. The final cost of a construction permit can vary depending on the type and level of review needed. When a construction permit is issued, the facility is sent a refund if the final permit cost is less than the initial application fee or a bill if the final permit cost is greater than the initial application fee. A permit fee table can be found at the bottom of this page and a complete list of fees is available in ch. NR 410, Wis. Adm. Code.

How do I pay the initial application fee for a construction permit?

The initial application fee can be paid by check or online. To receive an invoice to enable online payment, e-mail DNRAMAIRPERMIT@wisconsin.gov or call the Air Program at 608-266-7718 and ask for the construction permit processor. Have the Facility ID available when calling.

What can be done to speed up the construction permit process?

There are a few things that can be done to speed up the permitting process, including:

• Request a pre-application meeting with DNR. A pre-application meeting provides DNR an opportunity to review the draft application and provide guidance to the applicant of suggested changes and potential issues with the project. This allows the applicant an opportunity to update the application prior to submittal which in turn reduces the number of information requests during the permitting process. To schedule a pre-application meeting, send a meeting request to DNRAMAIRPERMIT@wisconsin.gov or contact Dave Minkey.
• Request an expedited permit review. To request an expedited review check the “Request Expedited Review” box on Form 4530-100. Note: an additional fee for expedited review is charged after permit issuance if DNR meets the applicable permit issuance timeline below:
  • $5,000, for an application that is not major under Prevention of Significant Deterioration (PSD) and/or Nonattainment Area (NAA) permitting, if the permit is issued within 50 days of receipt of a complete application.
  • $7,500, for an application that is major under PSD and/or NAA permitting, if the permit is issued within 60 days of receipt of a complete application.
  • $4,000, for an application that is major under PSD and/or NAA permitting, if the permit is issued within 61 to 90 days of receipt of a complete application.
• Submit as complete a permit application as possible. The DNR's construction permit application checklists can be found on the Air Permit and Compliance Forms page and include the information that should be submitted when applying for a construction permit, including links to application forms, submittal instructions, helpful tips and optional information that can be included to speed up the permitting process.
• Maintain open communication with DNR throughout the permitting process. Promptly respond to DNR requests for additional information about the project. Contact the DNR permit writer assigned to the permit for questions on what information needs to be provided or the status of the permit. To identify the permit writer assigned to the permit and to access their contact information:
  1. Go to the DNR Air Permit Search page.
  2. Enter the Facility ID (FID) number and click the Search button.
  3. Click on the "Permit and Permit Applications" tab.
  4. Find the construction permit number in the table. If a permit writer has been assigned, the permit writer's name will appear in the Permit Writer column.
  5. Search the DNR staff directory for contact information for the permit writer.

If a facility applies for a construction permit, should it also apply for an operation permit?

Yes, unless the entire facility is exempt from operation permitting after the project. More information about operation permit exemptions is available on the Air Permit Exemptions page.

The DNR has construction permit application checklists available on the Air Permit and Compliance Forms page. These checklists include the items that should be submitted if the facility is applying for both a construction and operation permit. Note that a single submittal can serve as the application for both permits.

When can a facility commence construction on a project that requires a construction permit?

A facility cannot commence construction until after a construction permit is issued unless the facility has applied for, and DNR has granted, a waiver to commence construction under s. NR 406.03(2), Wis. Adm. Code.

If a waiver to commence construction has been granted, a facility may commence construction on a project immediately after the waiver is granted. However, the facility may not begin operation of any new or modified emissions units until after the construction permit is issued.

Are there any "pre-construction" activities that a facility can undertake prior to construction permit issuance?

Yes. The following activities are not considered to be commencing construction for air permitting purposes, and can be undertaken by a facility prior to issuance of a construction permit:

• Erecting temporary storage structures
• Dismantling existing equipment or structures
• Ordering equipment or control devices
• Temporary storage of equipment on site
• Site clearing
• Programs undertaken to locate underground utilities
• Installation of erosion control measures

Other activities of a temporary nature may also potentially be allowed prior to construction permit issuance.

More permanent activities, such as installation of building footings, pouring of building foundations, installation of emissions units and paving of permanent roads and parking areas, are not allowed prior to construction permit issuance.

For questions about whether an activity can be undertaken prior to construction permit issuance, contact Dave Minkey.

How long does a facility have to complete construction of a project under a construction permit?

Typically, a construction permit will authorize an 18-month period to complete construction with the opportunity for a one-time 18-month extension. If a facility expects construction to take longer than this, the facility can request a longer period to complete construction when the facility applies for the construction permit. This request should include an explanation of why the longer time period is necessary.

Note that while the authority to construct under a construction permit expires, the conditions contained within the construction permit are permanent unless changed through issuance of a new construction permit or a construction permit revision or the permit is revoked.

What should a facility do if it was issued a construction permit, but construction will not be completed prior to permit expiration?

Facilities may request a one-time 18-month extension from DNR prior to expiration of the authority to construct under the permit. This can be done by e-mailing a request for extension to DNRAMAIRPERMIT@wisconsin.gov. Be sure to include the facility ID (FID) and permit number of the construction permit that you want to be extended in the request.

Minor and Major Sources

Construction permit requirements differ depending on the permittee's potential to emit (PTE) certain pollutants and the air quality where the source is located. For example, a major emission source located in an area where air quality is not attaining an ambient air quality standard may undergo a different permit process than that of a major emission source located in an area where air quality is meeting ambient air quality standards. More information on air quality standards and a map showing attainment and nonattainment areas and their permit requirements is available on the Permitting Requirements for Nonattainment Areas in Wisconsin page. Definitions of major, minor and exempted sources, nonattainment areas and new source review - a process that affects new and modified major pollution sources - are found in the Air Permits Glossary.

Exemptions

A construction permit is not required if the project meets one of the exemptions available in ch. NR 406.04, Wis. Adm. Code. For more information, review the Exemption page.

Construction Permit Revisions

Construction permit revisions can be used to make changes to construction permits issued under ch. NR 406, Wis. Adm. Code, that are not modifications or are exempt modifications. This commonly includes changes to requirements such as compliance demonstration, monitoring or recordkeeping. More information on construction permit revisions is available here:

Construction Permit Revision FAQ

What is the difference between a construction permit and a construction permit revision?

Differences include:

• Purpose: A construction permit can authorize the construction, reconstruction, replacement, relocation and modification of emissions units. A construction permit revision can only be used for a change to a construction permit that is not a modification or is an exempt modification.
• Cost: A construction permit revision has a fixed fee of $1,500 while the initial application fee for a construction permit is $7,500. The ultimate cost of a construction permit will vary depending on a number of factors specified in ch. NR 410, Wis. Adm. Code.
• Public input process: A construction permit has a 30-day public comment period, while a construction permit revision has a 21-day notification period as described in s. NR 406.11(1), Wis. Adm. Code. Construction permit revisions are typically processed along with an operation permit revision. In that case, the required 30-day public comment period for the operation permit revision would satisfy the notification requirements for the construction permit revision.

What changes can be made in a construction permit revision?

A construction permit revision can be used to make changes to a construction permit to reflect a change at a source that is not a modification or an exempt modification. Some common changes that can typically be made with a construction permit revision include:

• Changes to compliance demonstrations, monitoring and recordkeeping requirements, except those that established under major source construction permitting (typically cited with s. NR 405.08 or NR 408.04, Wis. Adm. Code).
• Establishing elective limitations such as synthetic minor limitations.
• Changes to conditions in a construction permit to reflect an exempt modification of an emissions unit. A common example of this is a change to an emission limit established in a construction permit to reflect an exempt modification of an emissions unit under the controlled actual emissions exemption in s. NR 406.04(1q), Wis. Adm. Code.
• Incorporation of conditions of consent decrees, administrative orders or other judicial decisions.

What changes cannot be made in a construction permit revision?

The following changes cannot be made in a construction permit revision and instead would require a new construction permit:

• Add an emissions unit to a project which was issued a construction permit. This is a modification of a source and requires a new construction permit.
• Modify an emissions unit associated with a project, unless the modification is a separate project and the change qualifies as an exempt modification under the controlled actual emissions exemption in s. NR 406.04(1q), Wis. Adm. Code.
• Increase a permit emission limitation, unless the change qualifies as an exempt modification under the controlled actual emissions exemption in s. NR 406.04(1q), Wis. Adm. Code.
• Change or establish Prevention of Significant Deterioration (PSD) or Nonattainment Area (NAA) major source construction permit conditions under chs. NR 405 or 408, Wis. Adm. Code. These types of changes require a new permit under chs. NR 405 or 408, Wis. Adm. Code.

How does a facility apply for a construction permit revision?

The construction permit revision application checklist contains details of how to apply for a construction permit revision.

Can a facility revise a construction permit if the authority to construct under the construction permit has expired?

Yes. While the authority to construct under a construction permit does expire, the conditions in a construction permit are permanent unless changed through a revision of the construction permit or through the issuance of a new construction permit.

Can an operation permit revise conditions contained in a construction permit?

No, operation permits do not have the legal authority to revise conditions contained in a construction permit. Under s. 285.66(1), Wis. Stats., the conditions of a construction permit are permanent unless changed through a revision of the construction permit or through the issuance of a new construction permit.

Can a construction permit revision extend the expiration date for the authorization to construction under a construction permit?

No. The authority to construct under a construction permit can only be extended for up to an additional 18 months as allowed under s. 285.66(1), Wis. Stats. or through the issuance of a new construction permit.

If a facility applies for a revision of a construction permit condition and that condition also appears in the facility's operation permit, does the facility also need to apply for a revision of the operation permit?

Yes. A facility can apply for a revision to the construction permit and the operation permit in the same permit application.

Construction Permit Waiver

A construction permit waiver can be issued to sources when they can:

1. demonstrate that the construction or modification does not require a major source permit under ch. NR 405 or 408, Wis. Adm. Code or a permit to establish enforceable limitations on potential to emit (PTE) to avoid major source permit requirements; and
2. demonstrate undue hardship if the waiver is not granted.

When calculating the PTE of a project to demonstrate that a major source permit, or enforceable limitations on PTE to avoid a major source permit, are not required, emission limitations in federal rules such as New Source Performance Standards (40 CFR Part 60) or National Emissions Standards for Hazardous Air Pollutants (40 CFR Part 63) may be taken into account if those rules include specific compliance demonstration, monitoring and recordkeeping requirements. Emission limitations in the Wisconsin Administrative Code (e.g., particulate matter emission limits in ch. NR 415, Wis. Adm. Code, volatile organic compound limitations in ch. NR 424, Wis. Adm. Code) are generally not considered enforceable limitations on PTE until they are incorporated into a permit because compliance demonstration, monitoring and recordkeeping requirements for these limitations are not explicitly specified in the rules. Therefore, these state rules cannot be taken into account when calculating the PTE of an emissions unit.

Undue hardship may result from any of the following:

• adverse weather conditions
• catastrophic damage of existing equipment
• a substantial economic or financial hardship or
• other unique conditions on a case-by-case basis

A complete construction permit application must be on file with the department, or submitted with the waiver request, in order for the department to act upon the waiver request.

All waiver requests should include:

• an explanation of why the request is necessary;
• a list of the circumstances creating undue hardship and when they arose or are anticipated to arise. If economic/financial hardship is being claimed, an estimate of the economic/financial impact should be included; and
• a $300 nonrefundable fee

For more information on construction permit waivers and for general questions about construction permits, contact Dave Minkey.

Application Process

Companies submit applications for construction permits using a set of forms. The construction permit typically allows 18 months to complete construction unless the permit specifies otherwise. The permit may be extended up to another 18 months. A company must complete construction activities within the timeframe allowed under the construction permit. Though the authority to construct expires, all conditions in the construction permit are permanent unless changed through a new construction permit or construction permit revision, and the conditions are included in an operation permit or operation permit revision.

Applications for minor (ch. NR 406, Wis. Adm. Code) and major (ch. NR 405 and/or NR 408, Wis. Adm. Code) construction permits, construction permit revisions and construction permit exemptions each require different information. The application checklists on the Air Permit and Compliance Forms page contain the information that should be included in permit and exemption applications.

Timing

After a construction permit application is complete, the DNR will prepare a preliminary decision to approve or deny the permit. A 30-day public comment period follows, and a public hearing may be held if requested. The DNR will respond to any comments received and prepare a final permit decision within 60 days after the close of the comment period or hearing.

Withdrawal Of Construction Permit Applications

If a company has applied for a construction permit and, prior to issuance of that permit, has decided not to move forward with the project, the company should request that the construction permit application be withdrawn. To withdraw the permit application, the responsible official for the facility (i.e., the person legally responsible for the operation of the permitted air pollution source [see s. NR 400.02(136), Wis. Adm. Code]) should submit a written request to DNR by e-mail or letter. This request should be sent to DNRAMAIRPERMIT@wisconsin.gov or Wisconsin Department of Natural Resources, Air Program – AM/7, Attention: Construction Permits, PO Box 7921, Madison WI 53707-7921. Additional applicable permit fees in s. NR 410.03, Wis. Adm Code, may be charged for work that has been completed by DNR on the permit application review.

Fees

Fees for construction permits vary depending on the type and level of review needed. The tables below list many of the most commonly applied fees. A complete list of these fees can be found in ch. NR 410, Wis. Adm. Code.

An initial application fee must be submitted with the construction permit application. There are three options for paying the initial application fee. Use Item 14 Section C of Form 4530-100 to indicate a payment option.

Option 1: Enclose a check payable to Wisconsin Department of Natural Resources with the paper copy application.

Option 2: Send a check payable to Wisconsin Department of Natural Resources under separate cover to:

Department of Natural Resources Air Management Program AM/7
Attn: Construction Permit Processor
P.O. Box 7921
Madison, WI 53707-7921

Option 3: E-Payment. To request an invoice and instructions for paying electronically, indicate e-Payment on the Air Pollution Control Permit Application (Item 14 Section C on Form 4530-100). A processing fee of 2.5% is added to payments made by credit or debit card. E-check and ACH payment options are also available.

Initial Fees - the following fees must be submitted at the time of application

The $7,500 initial construction permit application fee submitted with the application is credited towards the final bill for the permit. A refund of the difference will be made to the applicant if the total cost of the permit is less than the initial application fee.

Construction permits may have additional fees that are charged based on work needed to complete the permit review. These fees are billed after a final permit decision is made. Please do not submit these fees with an initial application.

Additional Construction Permit Fees - billable upon Final Permit Decision Fee Description

*Additional fees may apply. For a complete list see Ch. NR 410, Wis. Adm. Code.

Operation

Source-Specific Operation Permits

Many Wisconsin companies have air pollution control operation permits. With this type of permit, a facility can operate according to the specified permit conditions. An operation permit is issued to cover an entire facility.

There are two types of operation permits: Title V and non-Title V. All Title V permits (major sources) include an expiration date and must be renewed. Since December 2015, non-Title V operation permits issued after this date do not expire and therefore do not include an expiration date, unless otherwise determined by the department. So long as an operation permit has an expiration date on its cover page, it will need to be renewed. Upon renewal, any non-Title V permit (synthetic minor or minor sources) will no longer expire and all conditions in the permit will remain in effect unless revised or revoked. For a permit that requires renewal, the permittee must apply for the renewal at least six months prior to the permit's expiration, but no more than 18 months prior to expiration. To renew an operation permit, go to Air permit renewals.

For application instructions, refer to the following documents.

• Operation Permit Application Instructions for Initial or Renewal Applications (AM-300) [PDF]
• Form-by-Form Instructions (AM-565) [PDF]
• Renewal Application Checklist (AM-578) [PDF]

Facilities with existing operation permits may have reduced their emissions sufficiently to be eligible for streamlined permit options. For more information, review the Registration and Exemptions tabs on this page.

Registration

Registration Permits

Registration permits allow low emitting facilities to quickly register for an Air permit. The permits contain facility-wide emission caps as well as monitoring, recordkeeping and reporting requirements. All four registration permit types have a 15-day or less required review period by the DNR.

Benefits

Both the DNR and companies that qualify, benefit from registration permits. The expedited review process saves the DNR time. Facility benefits include:

• a simplified application process;
• 15-day DNR decision on applications for coverage, if there is no existing permit to revoke. If there are existing permits that must be revoked, a 14-to-30-day revocation waiting period is required prior to making a decision on coverage;
• the permit allows facility modifications without the need for a construction permit;
• the permit does not expire; and
• simplified and less frequent recordkeeping.

Rather than annual emission fees charged per ton of emissions, all facilities with registration permits are charged a $400 annual fee. The fee is due at the end of June each year, beginning the year after the facility is covered under the permit.

For more information on qualifying for a registration permit and the benefits and disadvantages of the permits, read the following fact sheets.

• Type A Registration Permits (AM-364)
• Type B Registration Permits (AM-531)
• Type C Registration Permits (AM-379)
• Type G Registration Permits (AM-568)

For more information on registration permits, including access to final permits, application forms and resources to assist with the application process, visit the Registration Permit Options page.

General

General Permits

A general permit is intended for facilities that:

• perform the same or similar operations;
• emit similar air contaminants;
• use the same or similar emission control technologies; and
• are subject to the same limitations, standards and requirements.

General construction permits and general operation permits were developed for asphalt plants and rock crushing facilities. General operation permits do not expire.

Eligibility

Each general permit has specific eligibility criteria spelled out in the permit application and the source-specific fact sheets:

• Rock Crushing Plants (AM-381)
• Hot Mix Asphalt Plants (AM-382)

Benefits

• Easy to get. Permit applications are written in language familiar to facilities within that category.
• Fast. By statute, DNR must make a decision on a general permit application within 15 days of submittal.
• No construction permits required. In most instances, a facility operating under a general permit can install new equipment or modify existing equipment without a construction permit as long as the equipment meets the eligibility criteria of the existing general operation permit. However, replacement of a primary crusher or the drum and burner of an asphalt plant at the same time, require a construction permit.
• Consistency. For similar sources in Wisconsin, the permits will look the same.

General Permits Versus Other Permits

General permits are standard permits, so if a facility needs source-specific limitations or cannot meet a requirement set in the general permit, they need another type of permit.

Permit and Compliance Resources

Resources created through a partnership between the Air Management Program and the Small Business Environmental Assistance Program (SBEAP) are available to help facilities interested in applying for or that are already covered by a general permit. The following webpages contain copies of links to the general permits, application forms, relocation notification forms, as well as example records and plans that might be needed to comply with the permit.

• Rock crushing webpage
• Asphalt plant webpage

Additional Information

For more information about general permits, crushers and hot mix asphalt plants, contact the General Permit Coordinator.

Exemptions

Permit Exemptions

Some air emissions sources are exempt from the need to obtain an air permit. The department provides written confirmation of exempt status upon request. Facilities eligible for exemptions must still abide by all other applicable air quality regulations.

The construction permit exemptions in s. NR 406.04, Wis. Adm. Code, are evaluated based on the air emission units associated with a construction project. The operation permit exemptions in s. NR 407.03, Wis. Adm. Code, are evaluated based on the air emission units at the entire facility.

A summary of the available construction permit and operation permit exemptions, and frequently asked questions about these exemptions are on the Air Permit Exemptions page.