Air management - New or Expanding Business

Permit Primer

1. Is your business new or expanding?

Are you starting a new small business? Click the "New Business" button below.

Are you expanding your business? Click the "Expanding Business" button below. The following types of changes are considered expansions that might require an air permit:

Construction — to build an entirely new facility or add new equipment at an existing facility that emits air contaminants; includes reconstruction and replacement (see below)
Modification — a physical change to, or change in, the method of operation that produces either more air emissions of the same type or different or "new" air emissions
Reconstruction — to remove old and substitute new components that exceed 50% of the capital cost of building a new source
Replacement — to dismantle and substitute a process or facility with a similar one
Relocation — to remove a process or facility from one location and place it at a different location

Remember: If an air pollution control permit is required it must be obtained prior to commencing construction or commencing modification. "Commence construction" and "commence modification" have specific definitions (see definitions below).

Commence construction: Commence construction means to engage in a program of on–site construction, including a site clearance, grading, dredging or landfilling specifically designed for a stationary source in preparation for the fabrication, erection or installation of the building components of the stationary source.
Commence modification: Commence modification means to engage in a program of on-site modification which may include site clearance, grading, dredging or landfilling in preparation for a specific modification of a stationary source.

While it is not required, a new or expanding business can submit a request asking the DNR to determine if they are exempt from construction permit requirements. In lieu of asking the DNR for a determination, sources can make this determination themselves. If you make the determination yourself, you should keep records and documentation showing how you determined that your new or expanding business was exempt and the specific exemption that you qualify for. Some actual emissions–based exemptions have specific recordkeeping requirements for exempt sources to show how they meet the exemption on an ongoing basis. Information on which exemptions require DNR review and how to request review of an exemption is found here: Air permits exemptions.

If you are a new business, go to 2. Construction permit or exemption?.

If you are an expanding business, go to 11. Expanding Business.

2. Construction permit or exemption? (New business)

Depending on your operations, as a new business, you may be required to obtain an air permit if you do not qualify for one of the construction permit exemptions.

How do you know if you are exempt from a construction permit?

A construction permit may not be required if your business is eligible for one of the types of exemptions. There are three types of exemptions based on:

Specific categories or types of units being installed;
Total actual emissions from the new business; or
Total maximum theoretical emissions from the new business.

If your business does not qualify for one exemption, you will be prompted on to the next type of exemption. It is only necessary to be exempt under one of these exemptions. If your new business does not qualify for any of the exemptions, you must apply for a permit.

If you do not qualify for a construction permit exemption, you may qualify for one of the streamlined permit options. Streamlined permit options include registration operation permits (ROPs) and general operation permits (GOPs). These permits offer streamlined applications, rapid approval, standardized conditions, and flexibility to install or modify equipment, or construct a new facility, without the need for a construction permit, if you keep your actual emissions below threshold levels.

Continue on to 3. Construction permit exemptions based on specific categories of sources.

3. Construction permit exemptions based on specific categories of sources (New and expanding businesses)

The first type of construction permit exemption is based on the specific categories of processes or equipment installed at your business. Does the new or expanding portion of your business include any of the processes from the four main categories listed below (combustion, VOCs, material handling or miscellaneous processes)?

From the list below, identify your Process(es) or Source(s) (topics listed with clickable, drop-down definitions). If you experience problems with the drop-down definitions, you can view/print out Direct sources exempt from construction permit requirements. If you have any processes from these categories, you'll answer "Yes" at the bottom of this page to continue working through the Primer.

If your operations do not include anything in these four categories, you'll answer "No" at the bottom of this page and proceed to evaluate whether the second type of exemption applies.

4. Construction permit exemptions based on actual emissions (New and expanding business)

The second type of construction permit exemption is based on actual emissions. The options differ depending on whether you are starting a new business or expanding a business.

Are you building a whole new facility, or are you expanding your business with a new project?

Need to backtrack? Return to:

If you are a new business, go to 5. Construction permit exemptions based on actual emissions. f you are an expanding business, go to 10. Exemptions based on actual emissions.

Return to 3. Exemptions based on categories of units installed

Return to 16. Miscellaneous processes

Return to 18. Would you like to review pollution prevention ideas for miscellaneous process sources?

5. Construction permit exemptions based on actual emissions (New business)

Your new business may be exempt from permit requirements based on the total actual emissions from all processes (thresholds listed below). Review the following fact sheet for information on how to utilize this exemption.

Exemptions from Operation Permits Based on Actual Emissions (AM–388)

Threshold levels for actual emissions–based exemptions

To qualify for the exemption, your actual emissions of each air contaminant must always remain below the following levels:

Volatile organic compounds (VOCs), particulate matter (PM₁₀), sulfur dioxide (SO2), carbon monoxide (CO) or nitrogen oxides (NOx) — do not exceed ten tons per calendar year for each air contaminant.
Lead — do not exceed 0.5 tons per calendar year.
State hazardous air pollutants — actual emissions less than thresholds in ch. NR 445 (State HAPs list in ch. NR 445, Wis. Adm. Code).
Not affected by any new source performance standards or national emissions standards for hazardous pollutants, unless subject solely to recordkeeping or notification requirements in one of those standards.

Calculating your eligibility for actual emissions-based exemptions

You may wish to perform the calculations to determine your actual emissions on your own; for assistance, see the fact sheet above and the worksheet below. If you prefer to have assistance with the calculations, contact Small Business Environmental Assistance Program staff for help determining if you are exempt.

Before performing the calculations, you should have the following information ready.

Safety data sheets (SDS) (associated with coatings, solvents, cleaners, raw materials, etc.) - Material safety data sheet means the documentation required for hazardous chemicals by the occupational safety and health administration hazard communication standard in 29 CFR part 1910 Subpart Z, incorporated by reference in s. NR 484.03(1), for a solvent, cleaning material, contact adhesive, coating or other material that identifies select reportable hazardous ingredients of the material, safety and health considerations, and handling procedures.
Expected Fuel usage for all heating processes (e.g., boilers, furnaces, heating units) — estimate amounts of fuels to be used in gallons (gal), therms, cubic feet (CF), etc.
Expected raw material usage (all processes) for a consecutive 12-month period (e.g., paint guns, woodworking equipment, printing presses, etc.).

You can use the Actual Emissions Example Calculations (SB-301) [XLSX] for help performing the calculations needed to determine if you are exempt under the actual emissions based exemption. The file will download onto your computer.

Exemption status

Is your new business exempt using actual emissions?

If your new business is exempt using actual emissions, go to 27. Recordkeeping and other requirements.

If your new business is not exempt using actual emissions, go to 6. General construction permit exemptions.

6. General construction permit exemptions (New or expanding business)

If you've arrived at this page, your business was not exempt based on either the categories of units installed or your actual emissions. You may still qualify for the general exemption, which is based on your hourly total maximum theoretical emissions (threshold levels below).

Threshold levels for general exemptions

To qualify for a general exemption, the total maximum emissions from your new business or the total maximum emissions from the new equipment at your expanding business must be below ALL of these levels.

Volatile organic compounds (VOCs), particulate matter (PM) or nitrogen oxides (NOx) — do not exceed 5.7 lbs/hour for each air contaminant.
Sulfur dioxide (SO2) or carbon monoxide (CO) — do not exceed 9.0 lbs/hour.
PM₁₀ — do not exceed 3.4 pounds per hour.
PM_2.5 — do not exceed 2.2 pounds per hour.
Lead — do not exceed 0.13 lbs/hour.
Single federal hazardous air pollutant — 10 tons/year.
Combination of federal hazardous air pollutants — 25 tons/year (Federal HAPs list in s. 112(b), Clean Air Act, includes 188 compounds).
State hazardous air pollutants — MTE < thresholds in ch. NR 445 (State HAPs list in ch. NR 445, Wis. Adm. Code, includes 550 compounds, with some overlap with the federal HAPs).

And, not affected by new source performance standards and national emissions standards for hazardous pollutants for hazardous pollutants.

Calculating your eligibility for a general exemption

You may wish to calculate the maximum theoretical emissions on your own (see below) or you may prefer to contact Small Business Environmental Assistance Program staff to help you determine if you are exempt.

Before performing the calculations, you should have the following information ready.

Safety data sheets (SDS) (associated with coatings, solvents, cleaners, raw materials, etc.): Material safety data sheet means the documentation required for hazardous chemicals by the occupational safety and health administration hazard communication standard in 29 CFR part 1910 Subpart Z, incorporated by reference in s. NR 484.03(1), for a solvent, cleaning material, contact adhesive, coating or other material that identifies select reportable hazardous ingredients of the material, safety and health considerations, and handling procedures.
Heat input rating (in BTUs) (e.g. boilers, furnaces, heating units; rating is usually found on furnace specification sheet or on furnace itself): Heat input means the total gross calorific value per unit of time of all fuels being burned, where gross calorific value of a fuel is measured by ASTM Method D240–92, D1826–94 or D2015–96, incorporated by reference in s. NR 484.10 (4), (26), and (31). Where the test method gives a higher and a lower heating value, heat input is calculated in Btu per hour using the higher heating value of the fuel.
Maximum raw material usage (all processes) (e.g. paint guns, woodworking equipment, printing presses, etc.): In determining the maximum raw material usage, the quantity of raw materials used and handled for each process, maximum quantity per hour, and actual quantity per year are usually considered.
Maximum design capacity of equipment: Maximum production capacity shall include the use of raw materials, coatings, inks and fuels with the highest air pollutant content used in practice by the source, and the source shall be presumed to operate 8,760 hours per year unless its physical design precludes 8,760 hours of operation per year.
Emission factors: A representative value that attempts to relate the quantity of a pollutant emitted with an industrial activity (i.e., pounds of pollutant per ton of items produced).

Identify which type of process(es) you have at your new business or, when expanding your business, the process(es) that are being added during the "construction project" (see definition below).

Construction project: A project would include all changes to the facility that are planned to take place within a 6-12 month period. If you have any question, check with DNR staff to be sure what should be included.

Click on the appropriate category to get information on how to calculate the maximum theoretical emissions from each process for the type of processes listed below:

Combustion

The combustion category of emission sources includes devices such as boilers, furnaces, space heaters, emergency or back–up generators, dryers, or incinerators (when used as control devices, consider the natural gas/propane fuel only). These devices are sources of air pollutants when they burn gaseous (natural gas, propane), liquid (fuel oil) or solid (coal or wood) fuels or incinerate waste materials.

You need to determine if you are exempt

Under the general exemptions, you will need to do detailed calculations for each process to determine if you are exempt. For the fuel burning emissions source types listed below, there are emission factors available from US EPA to calculate the emissions from the combustion sources at your new business or from the combustion sources being added, modified or replaced at your expanding business.

Topics with links to emission factor information for combustion processes

External combustion furnaces including indirect malt dryers, heat treating furnaces, etc.: You will need emission factors for each type of fuel you will use in the furnace(s). Also, the emission factors are organized by size of unit, so if you have two furnaces for example, one less than 10 million BTU/hr and one larger than 10 million BTU/hr, you will need emission factors specific to each sized unit. The emission factors will be in units of either lb/million BTU or lb/volume of fuel burned. US EPA Emission Factors — External Combustion Sources
Emergency electric generators and other internal combustion engines including engine test stands: You will need emission factors for each fuel you will use in the engines (gasoline or diesel). The emission factors are in units of either power output (lb/hp–hr) or fuel heat input (lb/million BTU). US EPA Emission Factors — Stationary Internal Combustion Sources
Equipment that temporarily increases steam electric generation capability: You will need emission factors for each type of fuel you will use in the furnace(s). Also, the emission factors are organized by size of unit, so if you have two furnaces for example, one less than 10 million BTU/hr and one larger than 10 million BTU/hr, you will need emission factors specific to each sized unit. The emission factors will be in units of either lb/million BTU or lb/volume of fuel burned. US EPA Emission Factors — External Combustion Sources

General information

You can use the MTE Example Calculations Worksheet (SB-300) [XLSX] for help with calculating maximum theoretical emissions (MTE) and to see example calculations. The file will download onto your computer.

Calculations fact sheet

To get more details on how to calculate or determine your boiler rating, fuel heating value, fuel throughput and maximum theoretical emissions, please review this fact sheet on Combustion Sources and Air Pollution Construction Permits (AM–427) (while examples provided are for external combustion furnaces, the calculations for internal combustion engines with emission factors are basically the same).

Complete these calculations for all sources being added at your facility for the specified pollutant. Once completed, then you can compare the maximum theoretical emissions rate for that pollutant with the general exemption levels. If the MTEs exceed any of the exemption levels, you do not qualify for the general exemption.

(For example, if you only have one boiler to provide heat and process steam at your plan, and you have no other sources of dusts or fumes that would be considered a source of particulate matter emissions, then you can compare your calculated emission rate for particulate matter from the boiler with the general exemption level of 5.7 lb/hr of particulate matter. If your calculated emission rate is below the exemption level, then proceed. Next, you will need to check the emission for other pollutants before determining if the whole construction project is exempt.)

Hazardous air pollutant guidance

Combustion processes will also have hazardous air pollutant emissions. Please review the following guidance on hazardous air pollutant emission calculations:

Air toxics and mercury: Information about hazardous air pollutants and state regulations.
Combined chemical table spreadsheet tool for Wisconsin air toxics rule: An interactive Excel spreadsheet that can show you the thresholds in the state rule for each of the HAPs that you emit. Just place an X in the Select column, then choose the X option from the drop–-down menu in the top row of that column, and only the information on your HAPs should be shown. Save it to your own computer as soon as the file opens.

Processes that use and emit volatile organic compounds

A VOC or volatile organic compound emissions source is a unit that uses paints, inks, lacquers, adhesives, other coatings, clean up solvents or other solvents or materials that contain VOCs or create emissions of VOCs. Some examples of VOC sources include wood coating, metal part painting, plastic part coating, fabric coating, cabinet/countertop lamination, furniture coating, printing presses, screen printing units, and autobody repair shops.

You need to determine if you are exempt

Under the general exemptions, you will need to do detailed calculations for each process to determine if you are exempt. For the volatile organic compound (VOC) emissions source types listed below, the calculations are similar:

Topics

Use adhesives, coatings, paints, inks, other solvents or solvent containing materials
Automobile refinishing operations
Painting or coating operations
Graphic arts operation
Storage tanks — Organic Compounds
Storage tanks — Volatile organic compounds (VOCs)
Bulk gasoline plants
Cold cleaning equipment
Batch cold cleaning equipment
Open top vapor degreasing equipment
Batch open top vapor degreasing equipment
Conveyorized non-vapor degreasing and conveyorized vapor degreasing equipment
Perchloroethylene dry cleaning area sources
Private alcohol fuel production systems
Soil or water remediation

For example, if you have painting/coating or graphic arts (printing) associated with your business, you should gather information about the maximum coating usage rate for your paint/coating applicator, the maximum printing capacity of your press, or the maximum amount of solvent you might use and any applicable Safety Data Sheets (SDS) for the materials.

Some of these processes have information available either from EPA's emission factors site or from state fact sheets. Please review the following fact sheets to assist you in determining if you are exempt:

General

Graphic arts (printing)

Solvent cleaning (cold cleaning, degreasing, etc.)

Solvent Parts Cleaning Environmental Overview (SB-140) — An overview of state and federal solvent cleaning regulations with an emphasis on air emissions. A brief description of other environmental regulations and pollution prevention options that may affect those using solvents to clean parts is also included.
Solvent Metal Cleaning RACT (AM–475)
Industrial Solvent Cleaning Operations RACT (AM–447)
Solvent Metal Wipe Cleaning RACT (AM–476)
Halogenated Solvent MACT (AM–443)

Hazardous air pollutant guidance

Processes that use and emit VOCs will likely also have hazardous air pollutant emissions. There is a section on SDS that lists the hazardous compound contents — pay attention to those chemicals as well as VOC content of the materials. Please review the following guidance on hazardous air pollutant emission calculations:

Air toxics and mercury: Information about hazardous air pollutants and state regulations.
Combined chemical table spreadsheet tool for Wisconsin air toxics rule: An interactive Excel spreadsheet that can show you the thresholds in the state rule for each of the HAPs that you emit. Just place an X in the Select column, then choose the X option from the drop–-down menu in the top row of that column, and only the information on your HAPs should be shown. Save it to your own computer as soon as the file opens.

Comparing your maximum theoretical emission rate to the general exemption rate

Complete these calculations for all sources being added at your facility for the specified pollutant. Once completed, then you can compare your total calculated maximum theoretical emission rate for VOCs with the general exemption level of 5.7 lb/hr for VOCs. If the calculated VOC MTEs are greater than the exemption level, you do not qualify for the general exemption. If your calculated maximum theoretical emission rate is below the exemption level, then proceed. You will need to check the emission for other pollutants before determining if the whole construction facility is exempt.

Material handling processes

The material handling category of emission sources includes sand and gravel operations, grain dryers, and wood processing such as sanding and sawing, to name a few.

Some dry material processes

grain dryers
grain storage facilities
grain processing facilities
portland concrete batch plants
ledge rock quarries
industrial sand mines
fixed sand and gravel plants
portable sand and gravel plants
replacement of equipment at a nonmetallic mineral processing facility

You need to determine if you are exempt

To determine whether you are exempt, you will need to calculate the hourly maximum theoretical emissions. For assistance on calculating emissions, refer to the following resource:

The MTE Example Calculations Worksheet (SB-300) [XLSX] will help with calculating maximum theoretical emissions (MTE) and will provide example calculations. (he file will download onto your computer

For emissions related to the dry material processes listed above, you may want to review the Particulate Matter Emissions and Pollution Requirements (AM–406) fact sheet.

Helpful EPA sites

EPA may have emission factors available for your type of process in their resource AP–42.

Go to their table of contents. There may be a specific chapter that applies to your operations.
If not, check Chapter 13: Miscellaneous Sources.

Hazardous air pollutant guidance

These material handling processes may also have hazardous air pollutant emissions. Please review the following guidance on hazardous air pollutant emission calculations:

Air toxics and mercury: Information about hazardous air pollutants and state regulations.
Combined chemical table spreadsheet tool for Wisconsin air toxics rule: An interactive Excel spreadsheet that can show you the thresholds in the state rule for each of the HAPs that you emit. Just place an X in the Select column, then choose the X option from the drop–-down menu in the top row of that column, and only the information on your HAPs should be shown. Save it to your own computer as soon as the file opens.

Comparing your emission rate to the general exemption rate

Complete these calculations for all sources being added at your facility for the specified pollutant. Once completed, then you can compare the calculated maximum theoretical emissions rate for that pollutant with the general exemption levels. (For example, if you only have one material handling type emission source at your plant, and have no other sources of dusts or fumes that would be considered particulate matter emissions, then you can compare your calculated emission rate for particulate matter from the material handling with the general exemption level of 5.7 lb/hr of particulate matter. If your calculated maximum theoretical emission rate is above the exemption level, then you do not qualify for the general exemption. If your calculated MTE is below the exemption level, then proceed. You will need to check the emission for other pollutants before determining if the whole construction project is exempt.)

Miscellaneous processes

The miscellaneous process category of emission sources includes a wide variety of processes and sources such as chromium electroplating and anodizing operations, laboratories, research and testing equipment and renovation or demolition projects involving friable asbestos, that do not fit under the process types shown above.

You need to determine if you are exempt

For the miscellaneous emissions source types listed below, there may be emission factors available from US EPA to calculate the emissions from your business. You can search through USEPA's Emissions Factors & AP 42 to find out. If nothing is available there, contact your trade association to see if they can help find information from other sources in your industry.

Topics

Chromium electroplating and anodizing operations
Laboratories emitting air pollutants
Research and testing equipment
Renovation or demolition operations involving friable asbestos

Please review the following fact sheets to assist you in determining if you are exempt.

Chromium electroplating and anodizing

Chromium Electroplating MACT fact sheet (SB–109)

Renovation or demolition operations involving friable asbestos

Fact sheet on What You Need to Know about Renovation and Demolition: A Regulatory Summary for Contractors and Business Owners (AM–366)
Additional information is available on DNR's Asbestos removal and notification webpage

General information

Hazardous air pollutant guidance

Emission from some of these processes may only be considered Hazardous Air Pollutants. Please review the following guidance on the hazardous air pollutant program:

Air toxics and mercury: Information about hazardous air pollutants and state regulations.
Combined chemical table spreadsheet tool for Wisconsin air toxics rule: An interactive Excel spreadsheet that can show you the thresholds in the state rule for each of the HAPs that you emit. Just place an X in the Select column, then choose the X option from the drop–-down menu in the top row of that column, and only the information on your HAPs should be shown. Save it to your own computer as soon as the file opens.

Exemption status

Once you have calculated the maximum theoretical emissions of each air contaminant from each process being added at your new business or each process being installed, modified or replaced at your expanding business, then add up the total the maximum theoretical emissions for all processes. Compare the totals of each pollutant to the general exemption levels. If the total maximum theoretical emissions for each air contaminant is less than the corresponding general exemption level, then your new business or the project at your expanding business is exempt from construction permitting under the general exemption. Please choose the "Exempt" button below to continue.

Need to backtrack? Return to:

If your new business is exempt, go to 27. Recordkeeping and other requirements.

If your new business is not exempt, go to 7. Would you like to review pollution prevention ideas?.

Return to 5. Exemptions based on actual emissions

Return to 10. Exemptions based on actual emissions

7. Would you like to review pollution prevention ideas? (Pollution prevention: General exemption)

Select "Material substitution/Pollution prevention" below to provide you with many pollution prevention options that may be applicable to your business and may help you avoid the permitting process and possibly save money.

Material substitution/Pollution prevention

There are several ways to save money and minimize permitting paperwork depending on whether your business can substitute a process or material to a more environmentally–friendly alternative. If your business has any of the following operations or uses any of the following materials, please read on.

Other processes that emit aerosols, mists, fumes:

welding;
aerosol can filling or crushing; and
heat treating of metal.

Other processes that emit dusts:

grinding, sawing, sanding;
certain processes at primary metal finishing or foundries; and
unpaved road dust.

Other processes that emit acid gases:

multi-stage parts cleaning with agitated acid baths.

Continue to 8. Construction permit process.

8. Construction permit process

Permitting options

If you've arrived here, your new or expanding business is not exempt from construction permitting. You will need to apply for one of the following permits. The options available depend on the type and size of your facility.

You must have a permit prior to the start of construction. "Commence construction" and "commence modification" have specific definitions (see the Definitions and FAQ pages). It can include activities such as:

site clearing;
grading;
dredging;
landfilling;
changing equipment;
substituting equipment; and
moving the location of equipment.

It is important to understand which activities are considered commencing construction or modification because if an air permit is required, it must be obtained prior to engaging in these activities.

Streamlined permit options

Streamlined permits offer eligible facilities the flexibility to make changes without the need for construction permits. These permits are available to specific industries as well as facilities that can cap their emissions below specific threshold levels and meet certain other eligibility criteria.

Obtaining these permits is a fairly simple process, as they have a short list of eligibility criteria. They offer simplified application procedures and can be issued within 15 days of applying. You may want to review your eligibility for the streamlined permits by following the links below.

Registration permits (ROPs) are available to facilities with emissions that stay below threshold levels. ROPs offer streamlined application and renewal processes, rapid approval, standardized conditions and flexibility in return for keeping facility–wide emissions below threshold levels. The Registration Permits page contains more information and details about ROPs.
General permits (GOPs) are available for rock crushing facilities and asphalt plants. GOPs are intended for facilities that perform similar operations, use similar emission control technologies and can be covered by similar standards and requirements. GOPs offer standardized conditions, rapid approval process and flexibility to install or modify equipment without a construction permit. You can review background information about these permits on DNR's General permits webpage. The DNR's webpage for Air permit and compliance forms contains links to the GOP application forms.

If you need a source–specific construction permit

If you are not exempt from construction permit requirements and cannot use the streamlined permit options, you will need to apply for and obtain a construction permit prior to commencing construction or modification. Click on the button below to learn about the application process.

Continue to 9. Applying for a construction permit.

9. Applying for a construction permit

Timing and costs

If you need to apply for a construction permit, it is very important to plan ahead and submit the application well in advance of when you want to break ground on a new building or move/install equipment in an existing location. You must receive your construction permit from DNR prior to starting construction. "Commence construction" and "commence modification" have specific definitions (see the Definitions and FAQ pages). It can include activities such as:

site clearing;
grading;
dredging;
landfilling;
changing equipment;
substituting equipment; and
moving the location of equipment.

The process to review and issue a construction permit can require from three to six months to complete, or more for very large operations, and there is a schedule of fees associated with processing the permit application. To find out more, click on the icons below.

: An air pollution construction permit outlines all the air pollution requirements that apply to the construction project and conveys the authority to construct and initially operation the source. It contains emission limitations and operating conditions to ensure that the facility is in compliance with federal and state air pollution rules.
: When applying for a construction permit, submit all forms needed to cover the operation permit as well. If exempt from a construction permit but you have an existing operation permit, a revision application for the operation permit is due prior to beginning construction of your new source.
: Applying for a construction permit requires an initial application fee of $7,500. Construction permit exemptions may have a fee as well. Refer to the application form 4530-100 or chapter NR 410, Wis. Adm. Code for specific fees.

You have some options that may shorten the time between submitting your application and receiving your permit so that you can begin construction as quickly as possible. The two options are:

An expedited review. You can indicate on your application that you are requesting an expedited review. For an additional fee of $5000 for a minor source permit, the permit may be issued within 50 days from the date when the DNR considered your application complete. Do not pay that fee up front with your application fee ($7500). If the department does not issue the permit within 50 days, you are not billed for that service.
A construction permit waiver. The waiver would allow construction to start prior to receiving a permit from the DNR. It is available to facilities that can demonstrate undue economic hardship if construction does not start immediately. For more information, go to DNR's Construction permits webpage.

Application forms

Air Pollution Construction or Operation Permits all require the same forms be used for the applications. Refer to "How to apply for air permits" page for details. The list of forms is found here: Air permit and compliance forms.

Application completeness

After you have filled in all the information and submitted your application, you're not quite done. The Department is responsible for reviewing your permit application and making a "completeness determination." The Department's staff have 20 days from the date your application is received to determine if it is complete. You will be notified of the Department's determination. Timely responses to requests for more information will speed the review time needed to issue your construction permit.

The Department reserves the right to ask for additional information even after the application is initially deemed complete.

If your permit is issued, go to 26. Compliance responsibilities with a permit.

10. Exemptions based on actual emissions (Expanding business: new project)

Your expansion project may be exempt from permit requirements based on your total actual emissions (threshold levels are listed below).

If your whole facility, including the new project, can meet the exemption thresholds below, you may qualify for the Exemptions from Operation Permits Based on Actual Emissions (AM–388). This would allow you to go ahead with your project without applying for a separate construction permit. You will need to revoke existing permits prior to using the exemption. Review the fact sheet below for information on how to utilize this exemption:

Even if your facility is not exempt, the new project (see definition below) may be. If the new project meets the thresholds below, you can use the Exemptions from Construction Permits Based on Actual Emissions (AM–387). Review this fact sheet for information on how to utilize this exemption:

New project: A project would include all changes to the facility that are planned to take place within a 6–12 month period. If you have any question, check with DNR staff to be sure what should be included.

You need to notify DNR in writing if you intend to claim the exemption based on actual emissions. Submit form 4530–100 and select the appropriate option under #20 Construction Permit Actions. More information about actual emissions-based exemptions is available from Air permit options: Permit exemptions webpage.

Threshold levels for actual emissions-based exemptions

To qualify for the exemption, you must meet ALL of these levels.

Volatile organic compounds (VOCs), particulate matter (PM), PM₁₀, sulfur dioxide (SO2), carbon monoxide (CO) or nitrogen oxides (NOx) — do not exceed 1,666 pounds in any month averaged over any consecutive 12–month period for each air contaminant
Lead — do not exceed 10 pounds in any month averaged over any consecutive 12–month period
State hazardous air pollutants — none of the new emission units require a new BACT or LAER determination in ch. NR 445 (State HAPs list in ch. NR 445, Wis. Admin. Code) because of this project
Not subject to new permitting under NR 405 or NR 408 due to this project
Not affected by any new source performance standards and national emissions standards for hazardous pollutants, unless subject solely to recordkeeping or notification requirements in one of those standards

If using a control device to achieve these exemption levels, must monitor the device with appropriate methods

Calculating your eligibility for actual emissions-based exemptions

You may wish to perform the calculations to determine your actual emissions on your own; for assistance, see the fact sheets above and the worksheet below. If you prefer to have assistance with the calculations, contact Small Business Environmental Assistance Program staff for help determining if you are exempt.

Before performing the calculations, you should have the following information ready:

Safety data sheets (SDS) (associated with coatings, solvents, cleaners, raw materials, etc.) - Material safety data sheet means the documentation required for hazardous chemicals by the occupational safety and health administration hazard communication standard in 29 CFR part 1910 Subpart Z, incorporated by reference in s. NR 484.03(1), for a solvent, cleaning material, contact adhesive, coating or other material that identifies select reportable hazardous ingredients of the material, safety and health considerations, and handling procedures.
Expected fuel usage for all heating processes (e.g., boilers, furnaces, heating units) — look at billing statements, purchase records, or invoices for amounts of fuels used in gallons (gal), therms, cubic feet (CF), etc.
Expected raw material usage (all processes) for previous 12 months (e.g., paint guns, woodworking equipment, printing presses, etc.)

You can use the Actual Emissions Example Calculations (SB-301) [XLSX] for help performing the calculations needed to determine if you are exempt under the actual emissions–based exemption. (The file will download onto your computer. Close the window to return to the primer.)

Exemption status

Is your new project exempt based on actual emissions? Click on the appropriate button below.

If your new business is exempt, go to 27. Recordkeeping and other requirements.

If your new business is not exempt, go to 6. General construction permit exemptions .

11. Expanding business

Are you currently operating under an exemption based on actual emissions, a Registration Operation Permit (ROP) or a General Operation Permit (GOP)?

Businesses operating under an exemption based on actual emissions, a ROP or a GOP have the flexibility to expand their operations without additional construction permitting. If you are currently operating under one of these streamlined options, you can capitalize on this flexibility at any time. If not, you may be eligible to change your current permit status to one of these streamlined options:

Operation permit exemption based on actual emissions: The DNR has a new type of exemption available to facilities with low actual emissions. The DNR's webpage on Air permit options: Exemptions contains more information about this exemption, along with a link to a fact sheet on Exemptions from Operation Permits Based on Actual Emissions (AM–388) to help you determine your eligibility.
ROPs for eligible businesses: Registration permits (ROPs) are available to facilities with emissions that stay below threshold levels. ROPs offer streamlined application and renewal processes, rapid approval, standardized conditions and flexibility in return for keeping facility–wide emissions below threshold levels. Registration Permits contains more information and details about ROPs
GOPs for businesses in specific sectors: DNR has developed GOPs for specific business sectors. GOPs are intended for facilities that perform similar operations, use similar emission control technologies and can be covered by similar standards and requirements. GOPs offer standardized conditions, rapid approval process and flexibility to install or modify equipment without a construction permit. You can review background information about these permits on DNR's General permits webpage. The DNR's webpage for Air permit and compliance forms contains links to the GOP application forms.

What's the next step?

If you are currently operating under an exemption, ROP or GOP and will still be eligible after expansion, click "Yes" below.

If not, click "No" and go through the process to determine whether your project is exempt from permitting requirements. There are three approaches by which you may qualify for an exemption. These approaches include exemptions based on:

categories of units being installed;
total actual emissions from the whole operation; or
total maximum theoretical emissions for the operation.

If you are not eligible to use one approach, you will be prompted on to the next exemption, walking through each approach until you find either that you are exempt or that you must apply for a permit.

If you are currently operating under an exemption, ROP or GOP and will still be eligible after expansion, go to 27. Recordkeeping and other requirements.

If not, go to 3. Construction permit exemptions based on specific categories of sources .

12. Which process do you have at your facility?

If your answer is "Combustion,” go to 13. Combustion processes.

If your answer is "Volatile organic compounds,” go to 14. Process that use or emit Volatile organic compounds.

If your answer is "Material handling,” go to 15. Material handling processes.

If your answer is "Miscellaneous processes,” go to 16. Miscellaneous processes.

13. Combustion processes

The combustion category of emission sources includes devices such as boilers, furnaces, space heaters, emergency or back–up generators, dryers or incinerators. These devices are sources of air pollutants when they burn gaseous (natural gas, propane), liquid (fuel oil) or solid (coal or wood) fuels or incinerate wastes which are not pathological wastes, infectious wastes, municipal wastes or hazardous wastes under ch. NR 661.

You need to determine if you are exempt

The specific categories of exemptions for combustion processes applies to one or more external combustion furnaces which will not burn any hazardous waste and has not been issued a license under ch. NR 670, Wis. Adm. Cod. Each external combustion furnace in the list below has an exemption level (listed in the drop–down definition box that appears when clicking on each one). If your external combustion furnace(s) is not below those levels, and you cannot substitute materials or modify the process to bring it below those levels, then the external combustion furnace is not exempt and will need to apply for a construction permit.

Topics with clickable, drop–down exemption levels

Topics include:

External combustion furnaces: One or more external combustion furnaces at a source which will not burn any hazardous waste identified under a ch. NR 661, Wis. Adm. Code or which have been issued a license or licenses under ch. NR 670, Wis. Adm. Code and if no individual furnace is designed to burn the following fuels at more than the maximum rates indicated: a) coal, coke or other solid fuels, except wood, at a heat input rate of not more than 1.0 million BTU per hour; b) wood alone or wood in combination with gaseous or other liquid fuels at a heat input rate of not more than 5.0 million BTU per hour; c) residual or crude oil at a heat input rate of not more than 5.0 million BTU per hour; d) distillate fuel oil at a heat input rate of not more than 10.0 million BTU per hour; e) gaseous fossil fuel at a heat input rate of not more than 25 million BTU per hour. Note: Each individual external combustion furnace proposed for installation/modification must be under the exemption level indicated for the project to be exempt from needing a construction permit.
Incinerators designed to incinerate solid wastes which are not pathological wastes, infectious wastes, municipal wastes or hazardous wastes under ch. NR 661: Equipment designed to incinerate solid wastes that are not pathological wastes, infectious wastes, municipal wastes or hazardous wastes under ch. NR 605, Wis. Adm. Code, at a rate of not more than 500 pounds per hour. Note: Incinerators must be combined when comparing to the exemption level of not more than 500 pounds per hour for the project to be exempt from a construction permit.
Indirect malt dryers: Indirect malt dryers which are designed to burn fuels specified in external combustion furnaces (first topic under Combustion) at a heat input rate less than the rates specified in external combustion furnaces (first topic under Combustion). Note: Operations from all indirect malt dryers must be combined when comparing to the exemption level for the project to be exempt from needing a construction permit.
Restricted use reciprocating internal combustion engines fueled by gaseous fuels, gasoline, or a clean fuel: Emergency electric generators powered by internal combustion engines which are fueled by gaseous fuels, gasoline or distillate fuel oil with an electrical output of less than 3,000 kilowatts. Check the definition in ch. NR 400.01(136m) Wis. Adm. Code on how to qualify for restricted use RICE.
Equipment that temporarily increases steam electric generation capability: Equipment that temporarily increases steam generation capability at a source provided that all of the following conditions are met 1) The equipment will be installed and operated only when at least one of the permanent steam generating units at the source is out of service for maintenance, repair or an emergency. 2) The equipment will not be operated for more than 3,200 hours and will be shut down and removed within 9 calendar months after installation. 3) Only natural gas will be used as fuel in the equipment. 4) The equipment will meet all applicable emission limits. 5) All applicable monitoring requirements will be met during the equipment’s period of use. 6) Use of the equipment will not cause or exacerbate an exceedance of any ambient air quality standard or ambient air increment in s. NR 404.04 or 404.05. 7) A complete application for exemption is submitted to the department for approval. The application shall contain all of the following: a) A description of the equipment. b) The reason for the need to use the equipment. c) A description of how the conditions in subds. 1. to 6. will be met. Note: Operations from all equipment that temporarily increases steam electric generation must be combined when comparing to the exemption level for the project to be exempt from needing a construction permit.

Calculations fact sheet

To determine how to calculate your boiler rating for the above exemptions, please review the Combustion Sources and Air Pollution Construction Permits (AM–427) fact sheet.

If you've determined your combustion sources at your expanding business are not exempt, please continue by clicking "Alternative energy sources to save money and prevent pollution" below to learn more about pollution prevention options.

Alternative energy sources to save money and prevent pollution

One source of information on wind generation, photovoltaics, solar hot water heating and industrial cogeneration is your local utility company. Your utility company can help you run cost comparisons to determine the source or sources of heating and cooling energy. Using a combination of sources, such as gas, solar and wind generation, may be more economical than relying on a single source.

Another information source is Wisconsin's Focus on Energy, which provides access to energy experts who can help you create a plan to add energy savings to your bottom line. Wisconsin's Focus on Energy provides services designed for the small business owner to help save energy and improve the bottom line. The website includes information about:

energy–efficient technologies and techniques;
facilitation services with state and national efficiency programs;
a variety of financial incentives to help you defray the cost of your energy efficiency plan; and
technical training and support services.

If your external combustion sources are exempt, go to 19. Another process?.

If your external combustion sources are not exempt, go to 4. Construction permit exemptions based on actual emissions.

14. Process that use or emit Volatile organic compounds

You need to determine if you are exempt

Each process in the list below has an exemption level (listed in the drop–down definition box that appears when clicking on each one). If your VOC emitting process is not below those levels, or you cannot substitute materials or modify the process to bring it below those levels, then you are not exempt and will need to apply for a construction permit.

(Click on the drop–down topic below to review the exemption level, then refer to the fact sheets that follow.)

Topics with clickable, drop–down exemption levels

Examples include:

Automobile refinishing operations: Automobile refinishing operations, including associated cleaning operations, which emit (actual emissions) or will emit not more than 1666 pounds of volatile organic compounds per month, which are measured prior to entering any emission control devices, unless the emissions of any single hazardous air pollutant listed under section 112(b) of the act (42 USC 7412(b)) equal or exceed 10 tons per year or the cumulative emissions of hazardous air pollutants listed under section 112(b) of the act equal or exceed 25 tons per year. Note: All automobile refinishing operation emissions must be combined when comparing to the exemption level for the project to be exempt from a construction permit.
Painting or coating operations: Painting or coating operations, including associated quality assurance laboratories and cleaning operations which emit (actual emissions) not more than 1,666 pounds of organic compounds per month, which are measured prior to entering any emission control devices. Note: All painting and coating operation emissions must be combined when comparing to the exemption level for the project to be exempt from a construction permit.
Graphic arts operation: Graphic arts operations, including associated quality assurance laboratories and cleaning operations which emit (actual emissions) or will emit not more than 1,666 pounds of organic compounds per month, which are measured prior to entering any emission control device. Note: All graphic arts operation emissions must be combined when comparing to the exemption level for the project to be exempt from a construction permit.
Storage tanks — organic compounds: Storage tanks containing organic compounds with a true vapor pressure in pounds per square inch absolute at 70 degrees Fahrenheit of less than 1.52 with a combined total tankage capacity of not more than 40,000 gallons. Note: All storage tank capacities must be combined when comparing to the exemption level of not more than 40,000 gallons for the project to be exempt from a construction permit.
Storage tanks — volatile organic compounds (VOCs): Volatile organic compound (VOC) storage tanks with a combined total tankage capacity of not more than 10,000 gallons of volatile organic compounds. Note: All VOC storage tank capacities must be combined; when comparing to the exemption level of not more than 10,000 gallons for the project to be exempt from a construction permit.
Bulk gasoline plants: Bulk gasoline plants which distribute gasoline or other petroleum. Note: Any/all operations that fit this description are exempt from needing a construction permit.
Cold cleaning equipment: Cold cleaning equipment which meets both of the following requirements: a. The equipment has a total air to solvent interface of 1.0 square meters or less during operation. b. The equipment does not use any halogenated HAP solvent as a cleaning or drying agent. Note: Each individual device proposed for installation/modification must be under the exemption level listed for the project to be exempt from needing a construction permit.
Chromium electroplating and anodizing operations: Chromium electroplating and chromium anodizing operations which are not major sources or located at major sources and which are any of the following: a) any decorative chromium electroplating operation or chromium anodizing operation that uses fume suppressants as an emission reduction technology. b) any decorative chromium electroplating operation that uses a trivalent chromium bath that incorporates a wetting agent as a bath ingredient.
Batch cold cleaning equipment which does use halogenated solvents: Batch cold cleaning equipment which uses halogenated HAP solvent and meets both of the following requirements: 1) The equipment has a total air to solvent interface of 1.0 square meters or less during operation. 2) The equipment is not a major source or located at a major source, as defined for operation permits. Note: Each individual device proposed for installation/modification must be under the exemption level listed for the project to be exempt from needing a construction permit.
Batch cold cleaning equipment which does not use: DOES NOT USE any solvent that contains a halogenated HAP compound or a combination of halogenated HAP compounds (methylene chloride (CAS no. 75–09–2), perchloroethylene (CAS no. 127–18–4), trichloroethylene (CAS no. 79–01–6), 1,1,1–trichloroethane (CAS no. 71–55–6), carbon tetrachloride (CAS no. 56–23–5) or chloroform (CAS no. 67–66–3)), in a total concentration greater than 5% by weight.
Batch open top vapor degreasing equipment which does not use halogenated solvents: Open top vapor degreasing equipment which meets both of the following requirements: a) The equipment has a total air to vapor interface of 1.0 square meters or less during operation. b) The equipment does not use any halogenated HAP solvent as a cleaning or drying agent. Note: Each individual device proposed for installation/modification must be under the exemption level listed for the project to be exempt from needing a construction permit.
Batch open top vapor degreasing equipment which does use halogenated solvents: Batch open top vapor degreasing equipment which uses halogenated HAP solvent and meets both of the following requirements: 1) The equipment has a total air to solvent interface of 1.0 square meters or less during operation. 2) The equipment is not a major source or located at a major source, as defined for operation permits. Note: Each individual device proposed for installation/modification must be under the exemption level listed for the project to be exempt from needing a construction permit.
Conveyorized non-vapor degreasing and conveyorized vapor degreasing equipment: Conveyorized non-vapor degreasing and conveyorized vapor degreasing equipment which uses halogenated HAP solvent and is not a major source or located at a major source, as defined for operation permits. Note: Each individual device proposed for installation/modification must be under the exemption level listed for the project to be exempt from needing a construction permit.
Perchloroethylene dry cleaning area sources: Area source for perchloroethylene is one that does not have the potential to emit perc more than 10 tons per year. Note: Operations from all perc sources must be combined when comparing to the exemption level of more than 10 tons per year for the project to be exempt from a construction permit.
Private alcohol fuel production systems: Private alcohol fuel production systems as defined in s. 289.44(1)(c), Wis. Stats. Note: Any/all operations that fit this description are exempt from needing a construction permit.
Soil or water remediation: The following procedures for the remediation of soil or water contaminated with organic compounds: a) Landspreading of contaminated soil, including the agricultural landspreading of soil contaminated with pesticide or fertilizer. b) Negative pressure venting of contaminated soil or bioremediation, provided the remediation is completed within 18 months or the potential to emit organic compounds from the remediation site is at a rate of not more than 5.7 pounds per hour, considering emission control devices. c) Pilot testing of a negative pressure venting system provided the testing is limited to a total withdrawal of not more than 150,000 standard cubic feet (scf) of air. Note: The total withdrawal may be determined by the equation: Total withdrawal (scf) = hours of operation of pilot test (hr) × average flow rate in cubic feet per minute at standard conditions (scfm) × 60 min/hr. An example is: 10 hours of operation × 250 scfm × 60 min/hr = 150,000 scf. When testing at multiple flow rates, determine the withdrawal for each flow rate and sum the withdrawals for a total withdrawal. d) Landfilling of contaminated soil. e) Installation and use of devices which remove organic compounds from a private or municipal potable water supply. f) Installation and use of crop irrigation systems or dewatering wells to remediate contaminated water. g) Installation and use of air strippers for treatment of contaminated water, provided the remediation is completed within 18 months or the potential to emit organic compounds from the remediation site is at a rate of not more than 5.7 pounds per hour, considering emission control devices. h) Installation and use of any devices or techniques not listed in this paragraph which are used to remediate soil or water contaminated with organic compounds, if the device or technique is not portable and is not a thermal evaporation unit, and the remediation is completed within 18 months. i) Installation and use of any technique or device to remediate soil or water contaminated with organic compounds as part of actions taken by EPA under the authority of the comprehensive environmental response compensation and liability act of 1980 (42 USC 9601 to 9675), by the department under the authority of s. 292.11 or 292.31, Stats., or by a responsible party in compliance with the requirements of an administrative order, consent decree or contract issued pursuant to the comprehensive environmental response compensation and liability act of 1980 or s. 292.11 or 292.31, Stats. Note: Even though these sources are exempt from construction permit requirements, they are still subject to the notification requirements under s. NR 419.07(2).

For help on calculating your VOC emissions, please review the fact sheet VOC Emissions Sources and Air Pollution Construction Permits (AM–479) Also available to help with calculations of actual emissions for some of these exemptions is the Actual Emissions Example Calculations (SB-301) [XLSX]. The file will download onto your computer.

Chemical substitution/Pollution prevention

There are several ways to save money and minimize permitting paperwork, depending on whether your business can substitute a process or chemical with a more environmentally friendly alternative. If your business has any of the following operations or uses any of the following materials, please read on.

Dry cleaning

Links to information on currently available alternatives for cleaning fabrics which are normally dry cleaned include:

COOL Clean Technologies Inc (liquid carbon dioxide)
GreenEarth Cleaning LLC (liquid silicone)

For more information:

Professional Wetcleaning Network, telephone 708–447–0879, is an association of cleaners with wetcleaning skills

Electroplating

National Metal Finishing Resource Center

Printing and graphic arts

Regulatory Information and Resources for the Printing Industry in Wisconsin, from the Small Business Environmental Assistance Program.

If your answer is "Exempt,” go to 19. Another process?.

If your answer is "Not Exempt,” go to 4. Construction permit exemptions based on actual emissions.

15. Material handling processes

The material handling category of emission sources includes sand and gravel operations and grain dryers to name a few.

You need to determine if you are exempt

Most of the exemption levels for the material handling operations would require you to determine your maximum raw material usage for any one of the operations listed below. Some use actual production rates. The following methods are normally used to determine the throughput, however if you demonstrate the throughput with a different method you may be required to provide the documentation to DNR for approval.

1. Actuals material throuput:

quantity of raw materials used and handled for each process — which can be find using purchase records, inventory tracking or similar recordkeeping procedures you might have; and
hours of operation for the year.

2. Maximum capacity throughput:

manufacturer's specifications on the process equipment (in units like "tons per hour") to document the full operating capacity (100%); and
maximum hours you can operate in a year — some processes may need specific periods of down time for maintenance, or some industries only operate during certain times of the year (asphalt plants assume 6600 hours per year for construction season — grain operations may be allowed similar restrictions for the growing season); if you have no restrictions like that, it will be 8760 hours per year.

Any information used to show a restriction on the operating capacity (at less than 100%) or hours (such as for required downtime) must be documented for DNR.

Each process in the list below has an exemption level (listed in the drop–down definition box that appears when clicking on each one). If your process is not below those levels, or you cannot substitute materials or modify the process to bring it below those levels then you are not exempt and will need to apply for a construction permit.

(Click on the drop–down topic below to review the exemption level, then refer to the facts sheets that follow.)

Topics with clickable, drop–down exemption levels

Grain dryers: Equipment designed to dry grain at a rate of not more than 1,500 bushels per hour at a 5% moisture extraction and which is not subject to s. NR 440.47, Wis. Adm. Code. Note: Grain dryers must be combined when comparing to the exemption level of not more than 1,500 bushels per hour at a 5% moisture extraction for the project to be exempt from a construction permit.
Grain storage facilities: Grain storage facilities with an average tonnage of grain received of less than 5500 tons per month, which are not subject to s. NR 440.47, and which are not part 70 sources. The average monthly tonnage of grain received shall be calculated by dividing the cumulative tonnage of grain received since January 1 of each year by 12. The average monthly tonnage of grain received does not include product that the facility sells, acting as a broker, which is never actually received at the grain storage facility. Note: Grain storage facilities must be combined when comparing to the exemption level of less than 5500 tons per month for the project to be exempt from a construction permit.
Grain processing facilities: Grain processing facilities with an average tonnage of grain received of less than 4500 tons per month, which are not subject to s. NR 440.47, and which are not part 70 sources. The average monthly tonnage of grain received shall be calculated by dividing the cumulative tonnage of grain received since January 1 of each year by 12. The average monthly tonnage of grain received does not include product that the facility receives that is packaged when received and remains packaged. Note: Grain processing facilities must be combined when comparing to the exemption level of less than 4500 tons per month for the project to be exempt from a construction permit.
Portland concrete batch plants: Portland concrete batch plants that produce or will produce less than 20,000 cubic yards per month averaged over any 12 consecutive month period. Note: Portland concrete batch plants must be combined when comparing to the exemption level of less than 20,000 cubic yards per month averaged over any 12 consecutive month period for the project to be exempt from a construction permit.
Ledge rock quarries: Ledge rock quarries with actual production of less than 25,000 tons per month on a rolling 12-month average, or with actual operation of less than 365 days per 5-year period. Note: Any/all operations that fit this description are exempt from needing a construction permit.
Industrial sand mines: Industrial sand mines with actual production of less than 2,000 tons per month on a rolling 12-month average. Note: Industrial sand mines must be combined when comparing to the exemption level of less than 2,000 tons per month on a rolling 12 month average for the project to be exempt from a construction permit.
Fixed sand and gravel plants: Fixed sand and gravel plants and fixed crushed stone plants with capacities of 25 tons per hour or less. Note: Fixed sand and gravel plants and fixed crushed stone plants must be combined when comparing to the exemption level of 25 tons per hour or less for the project to be exempt from a construction permit.
Nonmetallic minerals: Any quarry, mine or other facility where nonmetallic minerals are extracted that is not a ledge rock quarry or industrial sand mine. Note: Any/all operations that fit this description are exempt from needing a construction permit.
Portable sand and gravel plants: Portable sand and gravel plants and portable crushed stone plants with capacities of 150 tons per hour or less. Note: Portable sand and gravel plants and portable crushed stone plants must be combined when comparing to the exemption level of 150 tons per hour or less for the project to be exempt from a construction permit.
Replacement of equipment at a nonmetallic mineral processing facility: The addition or replacement of the following equipment at a nonmetallic mineral processing facility which has an operation permit or which has filed a complete application for an operation permit pursuant to ch. NR 407: 1) Any crusher other than an initial crusher. 2) Any grinding mill other than an initial grinding mill. 3) Any screening operation. 4) Any bucket elevator. 5) Any belt conveyor. 6) Any bagging operation. 7) Any storage bin. 8) Any grizzly. 9) Any pan feeder. 10) Any other nonmetallic mineral processing equipment subject to s. NR 440.688 other than an initial crusher or initial grinding mill. Note: Any/all operations that fit this description are exempt from needing a construction permit.

Help with the calculations

To determine whether you are exempt, you will need to calculate the hourly maximum emissions. For assistance on calculating emissions, refer to the following resources:

The Actual Emissions Example Calculations (SB-301) [XLSX] will help you perform the calculations needed to determine if you are exempt under the actual emissions-based exemption. The file will download onto your computer.)
The MTE Example Calculations Worksheet (SB-300) [XLSX] will help with calculating maximum theoretical emissions (MTE) and will provide example calculations. The file will download onto your computer.

For emissions related to the dry material processes listed above, you may want to review the following fact sheet:

Particulate Matter Emissions and Pollution Requirements (AM–406)

Help from EPA

EPA may have emission factors available for your type of process in their resource AP-42.

Go to the table of contents. There may be a specific chapter that applies to your operations.
If not, check Chapter 13: Miscellaneous Sources.

Hazardous air pollutant guidance

These material handling processes may also have hazardous air pollutant emissions. Please review the following guidance on hazardous air pollutant emission calculations:

Air toxics and mercury: Information about hazardous air pollutants and state regulations.
Combined chemical table spreadsheet tool for Wisconsin air toxics rule: An interactive Excel spreadsheet that can show you the thresholds in the state rule for each of the HAPs that you emit. Just place an X in the Select column, then choose the X option from the drop–-down menu in the top row of that column, and only the information on your HAPs should be shown. Save it to your own computer as soon as the file opens.

If you've determined you are not exempt, please continue by clicking the "Not Exempt" button below. This link will take you to a pollution prevention option webpage.

Material substitution/Pollution prevention

By their nature, it is not likely that your material handling operations would have viable material substitution options to prevent pollution. The most likely way to prevent pollution from these types of processes is to ensure that any capture or control measures in place are as efficient as possible.

Dust sources (grain, concrete, rock, sand and gravel, storage piles, roads and parking lots)

Minimize the ability of the material to become released into the air by using water or other liquids to keep the material wet, provide walls or similar structures to block wind, etc.

Organic compound evaporation (storage tanks)

Performing proper maintenance to minimize leaks will reduce emissions.

Incinerators

Performing proper maintenance and optimizing operating conditions will minimize the emissions that result from incomplete combustion.

If your answer is "Exempt,” go to 19. Another process?.

If your answer is "Not Exempt,” go to 4. Construction permit exemptions based on actual emissions .

16. Miscellaneous processes

Please review the following lists again and select the processes that you have at your business. It is important to look at all topics in both lists. Click on the applicable list to proceed to the next step in the permit primer.

Exempt operations

The following operations are exempt from construction permits. Select "My process is exempt" to continue through the exemption process.

Crematories
Gasoline dispensing facilities
Paper sorting or transporting equipment
Municipal drinking water chlorination facilities

Exempt operations — Some calculations needed

The following operations may also be exempt from construction permitting, depending on emissions. Click on "My process is exempt with some calculations needed" to learn how to calculate emissions.

Chromium electroplating and anodizing operations
Laboratories emitting air pollutants
Large–scale parking lots
Research and testing equipment
Renovation or demolition operations involving friable asbestos

What if my process is not listed above?

If your process is not listed in the above miscellaneous categories, you do not qualify for the exemption based on categories of units installed. To determine whether you would qualify for another type of exemption, click "My process is not listed".

If your process is exempt, go to 20. Any additional category or process to consider?.

If your process is exempt with some calculations needed,” go to 17. Miscellaneous processes.

If your process is not listed,” go to 4. Construction permit exemptions based on actual emissions.

17. Miscellaneous processes

Calculations for exemptions

The miscellaneous process category of emission sources includes a wide variety of processes and sources such as laboratories, research and testing equipment, renovation or demolition operations.

You need to determine if you are exempt

Each process in the list below has a certain exemption level (listed in the drop-down definition box that appears when clicking on each one) that your process must be less than to be exempt. If your process is not below those levels, or you cannot substitute materials or modify the process to bring it below those levels then you are not exempt and will need to apply for a construction permit.

(Click on the drop–down topic below to review the exemption level, then refer to the fact sheets that follow.)

Topics with clickable, drop–down exemption levels

Chromium electroplating and anodizing operations: Chromium electroplating and chromium anodizing operations which are not major sources (one that does not have the potential to emit more than 10 tons per year of chromium) or located at major sources and which are any of the following: a) any decorative chromium electroplating operation or chromium anodizing operation that uses fume suppressants as an emission reduction technology. b) any decorative chromium electroplating operation that uses a trivalent chromium bath that incorporates a wetting agent as a bath ingredient. Note: All chromium electroplating area sources and chromium anodizing area sources must be combined when comparing to the exemption level of more than 10 tons per year of chromium for the project to be exempt from a construction permit.
Laboratories emitting air pollutants: A laboratory which emits organic compounds, sulfur dioxide, carbon monoxide, nitrogen oxides or particulate matter or a combination thereof at a rate of less than 5.7 pounds per hour unless the emissions of any single hazardous air pollutant as defined by sec. 112(b) of the act (42 USC) 7412(b)1 equals or exceeds 10 tons per year or the cumulative emissions of all the hazardous air pollutants equals or exceeds 25 tons per year. Hourly emissions shall be determined based on the quantitative estimate of air contaminants before they enter any emission control devices, by dividing the total uncontrolled emissions which would have occurred during a calendar month by the total hours of operation of the laboratory during that calendar month. A laboratory is in operation if laboratory apparatus or equipment is in use. Note: Operations from all laboratories must be combined when comparing to the exemption level for the project to be exempt from a construction permit.
Large–scale parking lots: Some indirect sources with associated parking are exempt from construction and operation permit requirements: i) An indirect source located in a metropolitan county with a parking capacity of less than 1000 cars in its associated parking areas. ii) An indirect source located in a metropolitan county with a parking capacity increase of less than 1000 cars in its associated parking areas. iii) An indirect source located outside the metropolitan counties with a parking capacity of less than 1500 cars in its associated parking areas. iv) An indirect source located outside the metropolitan counties with a parking capacity increase of less than 1500 cars in its associated parking areas.
Research and testing equipment: Research and testing equipment is equipment used or to be used for the purpose of testing or research provided that all of the following requirements are met: 1) A complete application for exemption is made describing the proposed testing or research and including an operating schedule and the types and quantities of emissions anticipated. 2) The department determines that the equipment to be used and the anticipated emissions from the testing or research will not present a significant hazard to public health, safety or welfare or to the environment and approves the application for exemption. 3) The equipment will be in operation for less than 12 months. 4. The department approves the application for exemption submitted under subd. 1. The department shall approve or deny the application in writing within 45 days of receiving a complete application. The department may provide public notice of an application for research and testing exemption, may provide an opportunity for public comment and an opportunity to request a public hearing and may hold a public hearing on any application under this paragraph. The department shall make all non-confidential information available to the public upon request. Note: Operations from all research and testing equipment must be combined when comparing to the exemption level for the project to be exempt from a construction permit.
Renovation or demolition operations involving friable asbestos: Renovation or demolition operations involving friable asbestos containing material provided that the provisions of subd. 1. or 2. are met: 1) The amount of asbestos containing material is less than 260 linear feet on pipes or 160 square feet on other facility components. 2) If the amount of asbestos containing material is at least 260 linear feet on pipes or at least 160 square feet on other facility components, all of the following conditions are met: a) Notice of intention is provided under s. NR 447.07. b) The notice indicates that the project will meet all applicable requirements of ch. NR 447. c) The fee required under s. NR 410.05 (2) and (3) is submitted with the notice. Note: All renovation or demolition operations must be combined when comparing to the exemption level for the project to be exempt from a construction permit.

Please review the following fact sheets to assist you in determining if you are exempt.

MTE and PTE Calculation Examples (SB–113) fact sheet
VOC Emissions Sources and Air Pollution Construction Permits (AM–479) fact sheet
Chromium Electroplating MACT (SB–109) fact sheet

If you've determined you are not exempt, please continue by clicking the "Not Exempt" button below. This link will take you to a pollution prevention option webpage.

If you are exempt, go to 20. Any additional category or process to consider?.

If you are not exempt, go to 18. Would you like to review pollution prevention ideas for miscellaneous process sources?.

18. Would you like to review pollution prevention ideas for miscellaneous process sources? (Pollution prevention: Miscellaneous processes)

If you don't want to review the P2 information below, please select "Continue" button below, which will take you to the general exemption calculation page.

Material substitution/Pollution prevention

Chromium electroplating

The Strategic Environmental Research and Development Program (SERDP), the environmental science and technology program in the Department of Defense, also has information available on chromium alternatives.

Laboratories

Microscaling is a technique used in graduate and undergraduate chemistry laboratories that significantly reduces the amount of air pollution and hazardous waste generated. It is, by definition, a source reduction program. This means that hazardous waste is reduced by avoiding and minimizing its generation. Microscaling is a process that uses smaller (micro) amounts of chemicals where much larger amounts were previously used. See Pollution Prevention in Laboratories: the "How to" Guide.

Continue on to 4. Construction permit exemptions based on actual emissions.

19. Another process?

Do you have another process from one of the four categories at your facility?

If your answer is "Yes,” go to 12. Which process do you have at your facility?.

If your answer is "No,” go to 20. Any additional category or process to consider?.

20. Any additional category or process to consider?

Have you checked your facility for all categories and processes to consider under the exemptions?

If your answer is "Yes,” go to 21. Next steps for exempt businesses.

If your answer is "No,” go to 12. Which process do you have at your facility?.

21. Next steps for exempt businesses (Air permit)

You have identified all the processes in your operation and have determined that they meet all the exemption thresholds.

New businesses (without existing operation permits)

Click "No" below to continue.

Expanding businesses

Do you have an operation permit already? You may have an existing operation permit on file with the DNR. Check your files for an air permit document with reference to a 9–digit number followed by a suffix that might include –Pxx, –Fxx, –Sxx, or –Gxx.

If your answer is "Yes,” go to 22. Have you had the operation permit for more than 3 years?.

If your answer is "No,” go to 27. Recordkeeping and other requirements.

22. Have you had the operation permit for more than 3 years? (Air permits: Existing business)

If you have had the operation permit for more than 3 years, go to 23. Next steps for expiring permits.

If you have not had the operation permit for more than 3 years, go to 24. Does the permit accurately reflect how your business is run?.

23. Next steps for expiring permits

If you were issued an air pollution operation permit at least 3 years ago, it will expire soon. (The original permit is valid for a maximum of 5 years.) It's time to evaluate your eligibility for permit options.

You may now be exempt from needing an operation permit.
You may wish to apply for one of the streamlined permits (ROP, GOP).
You may prefer to maintain your source–specific permit if you have not made any changes at your facility.
You may wish to change the type of source-specific permit because your facility's operations have changed.

Potential alternatives to source–specific permits

Whether or not you have made changes at your facility, the air permitting options have changed. You may be eligible for a different type of permit, or you may meet new exemption criteria.

If your operations have very low actual emissions, you may be exempt from the requirement for an air permit. For more information about exemptions, review Exemptions.
Air permits Registration permits for eligible businesses are available to smaller emitting facilities that can cap their emissions and meet other eligibility criteria. Review the criteria and application information for Registration permits.
General permits are available for rock crushing facilities and asphalt plants. These permits are written with standardized terms and will not include requirements specific to your facility's operations.

Obtaining these permits, or the exemption, is a fairly simple process, as they have a short list of eligibility criteria. Review the information on Air Permit Options for more information on the permit alternatives available.

Maintaining your source–specific permit

You may prefer to maintain your source-specific permit. In that case, if the facility's operation permit expires (has an expiration date on the permit cover page) then follow the instructions contained on the operation permit renewal website.

If you plan to keep your source–specific permit, then go to How to apply for an air permit.

Continue on to 26. Compliance responsibilities with a permit.

24. Does the permit accurately reflect how your business is run? (Air permits: Existing business)

Is your business process the same as when you applied for the original permit?

If your answer is "Yes,” go to 26. Compliance responsibilities with a permit.

If your answer is "No,” go to 25. Revising an existing operation permit .

25. Revising an existing operation permit (Air permits: Existing business)

If you find that your operation permit no longer reflects how your business is run, you may request a revision to your existing permit. If you plan to revise your operation permit, this is a good time to review your possible eligibility for a Registration Operation Permit, General Operation Permit, or new exemptions.

Review streamlined permit eligibility at:

Registration Operation Permits
General Operation Permits (only if Rock Crushers or Asphalt Plants)
Exemptions

If not eligible for one of the streamlined options, then simply revise the permit through the renewal application to better fit the current operations. Follow instructions at How to apply for an air permit or Air permit renewals FAQ.

Continue on to 26. Compliance responsibilities with a permit.

26. Compliance responsibilities with a permit

Even if your small business has been issued an operation air permit, there are several other compliance–related issues you need to be aware of. You may need to complete periodic compliance certification forms, perform stack testing, regularly inspect your facility, and maintain records on specified activities or materials, to name a few.

We've designed this page to simplify the process by providing various helpful resources in the sections below. Click on "General compliance information" below to open the drop-down lists of information.

General compliance information

Annual compliance certification — All permit holders must certify their compliance status annually. You can use the optional Air Operation Permit Compliance Certification (4530–184) form provided by DNR. It and other forms are available from the website on Compliance–related forms.
Air toxics and mercury — DNR webpage containing information about hazardous air pollutants and state regulations.
Combined chemical table spreadsheet tool for Wisconsin air toxics rule — An interactive Excel spreadsheet that can show you the thresholds in the state rule for each HAP emitted. Just place an X in the Select column, then choose the X option from the drop–down menu in the top row of that column, and only the information on your HAPs should be shown. (he file will download onto your computer.
Monthly Emissions Example Calculations (SB-302) [XLSX] — This Excel spreadsheet, with the basic formulas for keeping records of your monthly VOC and HAP emissions, is available to get you started. The file will download onto your computer.
Registration permit compliance checklist (AM–519) — A checklist to help facilities meet the compliance requirements under the new Registration Operation Permits.
Air emission inventory information — Information about DNR's Air Reporting System and historical records of air emissions in Wisconsin.
Complying with the regulations — Small Business Environmental Assistance Program resources and information about complying with air regulations, including links to fact sheets and external resources.

Industry–specific information

DNR's Small Business Environmental Assistance Program (SBEAP) assists businesses and communities with preventing pollution and minimizing waste. Among other things, SBEAP has business sector specialists who are trained to provide industry–specific information. The Small Business Environmental Assistance Program (SBEAP) provides non–regulatory assistance to small businesses. The SBEAP's page on Process-specific regulations provides specialized information and assistance to the following business sectors:

Auto body shops

Coordinating Committee for Automotive Repair (CCAR) GreenLink

Chrome plating

General painting/coating

Paints and Coatings Resource Center

Printers

The Printers Portal, from the Small Business Environmental Assistance Program.

Rock crushing

Refer to page 61-66 of this training document

The end; Completed permit primer.

Congratulations! You have reached the end of the permit primer.

Thank you for using the permit primer, and we hope the information has been useful to you

27. Recordkeeping and other requirements

If your business is currently exempt from air pollution permitting requirements, you will need to keep records to document your exempt status. Please refer to the following fact sheets and spreadsheets to help you keep monthly records of your emissions.

Reminder: If your existing business has an operation permit and a new unit or project that is exempt from construction permits, you still need to include the new unit(s) as part of your operation permit by using the application Facility details and Permits Actions (4530–100) and selecting the appropriate Operation Permit type under item 20, C. for Construction Permit Actions.

All air pollution regulations and requirements apply even if a permit is not required for your particular business or activity that creates air pollution. The links on this page will give you more information about regulations that might affect your business. You can also contact Small Business Environmental Assistance Program staff for help, to make sure you are aware of all the rules that could affect you.

The sections below contain links to many helpful resources. Click on "General compliance information" below to open the drop-down lists of information.

General compliance information

Annual compliance certification — All permit holders must certify their compliance status annually. You can use the optional Air Operation Permit Compliance Certification & Deviation Summary report (4530–184) form provided by DNR. It and other forms are available from the website on Compliance–related forms.
Air toxics and mercury — DNR webpage containing information about hazardous air pollutants and state regulations.
Combined chemical table spreadsheet tool for Wisconsin air toxics rule — An interactive Excel spreadsheet that can show you the thresholds in the state rule for each HAP emitted. Just place an X in the Select column, then choose the X option from the drop–down menu in the top row of that column, and only the information on your HAPs should be shown. Save the file to your own computer as soon as it opens.
Monthly Emissions Example Calculations (SB-302) [XLSX] — This Excel spreadsheet, with the basic formulas for keeping records of your monthly VOC and HAP emissions, is available to get you started. The file will download onto your computer.
Registration permit compliance checklist (AM-519) — A checklist to help facilities meet the compliance requirements under the new Registration Operation Permits.
Air emission inventory information — Information about DNR's Air Reporting System and historical records of air emissions in Wisconsin.
Complying with the regulations — Small Business Environmental Assistance Program resources and information about complying with air regulations, including links to fact sheets and external resources.
Process or operation specific regulations — Small Business Environmental Assistance Program information about process-specific air regulations and links to fact sheets and external resources.

Industry-specific information

Auto body shops

Coordinating Committee for Automotive Repair (CCAR) GreenLink

Chrome plating

General painting/coating

Paints and Coatings Resource Center

Printers

The Printers Portal from the Small Business Environmental Assistance Program.

Rock crushing

Refer to page 61-66 of this training document

The end; Completed permit primer

Congratulations! You have reached the end of the permit primer.

Thank you for using the permit primer, and we hope the information has been useful to you.

Small Business_Content Page_Air management - New or Expanding Business

Air management - New or Expanding Business

Permit Primer

1. Is your business new or expanding?

2. Construction permit or exemption? (New business)

How do you know if you are exempt from a construction permit?

3. Construction permit exemptions based on specific categories of sources (New and expanding businesses)

Categories

1. Combustion processes

2. Processes that use and emit volatile organic compounds (VOCs) and other organic compounds

3. Material handling processes

4. Miscellaneous processes

4. Construction permit exemptions based on actual emissions (New and expanding business)

5. Construction permit exemptions based on actual emissions (New business)

Threshold levels for actual emissions–based exemptions

Calculating your eligibility for actual emissions-based exemptions

Exemption status

6. General construction permit exemptions (New or expanding business)

Threshold levels for general exemptions

Calculating your eligibility for a general exemption

General

Exemption status

7. Would you like to review pollution prevention ideas? (Pollution prevention: General exemption)

Other processes that emit aerosols, mists, fumes:

Other processes that emit dusts:

Other processes that emit acid gases:

8. Construction permit process

Permitting options

Streamlined permit options

If you need a source–specific construction permit

9. Applying for a construction permit

Timing and costs

Application forms

Application completeness

10. Exemptions based on actual emissions (Expanding business: new project)

Threshold levels for actual emissions-based exemptions

Calculating your eligibility for actual emissions-based exemptions

Exemption status

11. Expanding business

What's the next step?

12. Which process do you have at your facility?

13. Combustion processes

You need to determine if you are exempt

Topics with clickable, drop–down exemption levels

Calculations fact sheet

14. Process that use or emit Volatile organic compounds

You need to determine if you are exempt

Topics with clickable, drop–down exemption levels

Dry cleaning

Electroplating

Printing and graphic arts

15. Material handling processes

You need to determine if you are exempt

1. Actuals material throuput:

2. Maximum capacity throughput:

Topics with clickable, drop–down exemption levels

Help with the calculations

Help from EPA

Hazardous air pollutant guidance

Dust sources (grain, concrete, rock, sand and gravel, storage piles, roads and parking lots)

Organic compound evaporation (storage tanks)

Incinerators

16. Miscellaneous processes

Exempt operations

Exempt operations — Some calculations needed

What if my process is not listed above?

17. Miscellaneous processes

Calculations for exemptions

You need to determine if you are exempt

Topics with clickable, drop–down exemption levels

18. Would you like to review pollution prevention ideas for miscellaneous process sources? (Pollution prevention: Miscellaneous processes)

Chromium electroplating

Laboratories

19. Another process?

20. Any additional category or process to consider?

21. Next steps for exempt businesses (Air permit)

New businesses (without existing operation permits)

Expanding businesses

22. Have you had the operation permit for more than 3 years? (Air permits: Existing business)

23. Next steps for expiring permits