Small Business Stationary Source

Effective August 8, 2021, 2021 Wisconsin Act 78 made several changes to the Wisconsin environmental compliance audit program (Enviro-Check) process. These changes more closely align Wisconsin's program with US EP's audit policies. The legislation changed the amount of time a regulated entity has to correct violations identified in an audit from 90 days to 60 days generally. However, it also created a new category called "small business stationary sources."

Businesses that meet the definition of a small business stationary source have 180 days to correct violations discovered through the audit. Furthermore, a small business stationary source can take up to 360 days to complete a corrective action if it involves a pollution prevention modification. Pollution prevention actions prevent pollution from being generated at the source rather than managing it once it is created. The regulatory changes also direct the DNR and the Wisconsin Department of Justice (DOJ) to consider if an entity is a small business stationary source that committed a minor violation when determining whether to pursue criminal action.

All other requirements are the same between small business stationary sources and other entities participating in Enviro-Check.

What is a Small Business Stationary Source?

The definition of a "small business stationary source" can be found in s. 285.79 (1). Wis. Stat. Primarily, to be considered a "small business stationary source" for the purposes of Enviro-Check, a facility must emit or have the potential to emit air pollution from a fixed location and meet all the following criteria:

1. The facility is owned or operated by a person that employs 100 or fewer individuals.
2. The facility is independently owned and operated and not dominant in its field of operation.
3. The facility is not a major stationary source as defined by DNR rules.
4. The facility does not emit 50 tons or more per year of any regulated pollutant.
5. The facility emits a total of less than 75 tons per year of all regulated pollutants.

The facility should evaluate their eligibility for classification as a small business stationary source pursuant to s. 285.79 (1) when submitting an audit report.

Contact the program at DNREnviroCheck@wisconsin.gov if you have any questions about your facility's eligibility.

Submitting an Audit Report

Submit a final audit report to DNREnviroCheck@wisconsin.gov that identifies any environmental violations discovered during the audit along with corrective action plans within 45 days of the audit's completion. Small business stationary sources can use the audit report template or submit a report in their own format as long as all information from the template is provided.