Air permits limit the amount of air pollution a facility is allowed to emit to keep the air clean and healthy. Individual permits are customized to promote environmental compliance and provide a basis for legal enforcement if permit conditions are violated.
The Wisconsin air pollution control permit program has permits for two kinds of scenarios: new and existing facilities. For new facilities, construction permits ensure that proposed projects can meet air pollution standards before they are constructed. For existing facilities, operation permits set emission limits and establish monitoring, record-keeping and reporting requirements. These permit conditions may be revised as facilities expand, replace equipment or change operations.
Source-specific construction or operation permits are written and issued individually for new and existing power plants and other significant air emission sources. In some cases, source-specific permits are required by federal law, such as for major facilities like paper mills, utilities or the larger printing shops. In other cases, the permit reviews may be desirable because they can better help an industry understand which air regulations apply to them and what they need to do to comply with those regulations.
Wisconsin has also developed general construction permits and general operation permits for asphalt plants, rock crushing facilities and various types of printers.
Finally, the DNR has developed a registration permit that allows small emitters to quickly register themselves for a permit in return for keeping emissions low. The permits contain facility-wide emission caps as well as monitoring, recordkeeping and reporting requirements.
The Permit Options Matrix (SB-122) provides a summary of the air pollution control permit options available from the department. We also have an interactive Permit Primer to help you determine which environmental requirements may apply and what permits you need.
The permitting process is designed to be transparent. Almost all permit-related documents are open records, including applications, modeling analyses and permit drafts. Input from the public and the permit applicant is encouraged throughout the process and can affect the content of the permit. Federal and state laws require all air pollution sources in Wisconsin to have a permit unless the source is determined to be exempt.
A construction permit allows a company to construct, reconstruct, modify, relocate or replace an air pollution source. Administrative code requirements for construction permits are found in chapters NR 405, 406 and 408, Wis. Adm. Code.
More information on construction permits is available here.
Construction Permit FAQ What projects require an air pollution control construction permit?
Projects involving construction, reconstruction, replacement, relocation or modification of a direct source of emissions that do not meet an exemption or exclusion from modification under s. NR 406.04, Wis. Adm. Code, require a construction permit. More information about construction permit exemptions is available on the Air Permit Exemptions page.
How do I apply for a construction permit?
The DNR's construction permit application checklists include the information that must be submitted when applying for a construction permit, including links to application forms, submittal instructions, helpful tips and optional information that can be included to speed up the permitting process. These checklists are located on the Air Permit and Compliance Forms page.
For assistance in preparing a permit application, consider enlisting outside consulting services. Wisconsin's Small Business Environmental Assistance Program (SBEAP) has a ch. NR 410, Wis. Adm. Code.
How do I pay the initial application fee for a construction permit?
The initial application fee can be paid by check or online. To receive an invoice to enable online payment, e-mail DNRAMAIRPERMIT@wisconsin.gov or call the Air Program at 608-266-7718 and ask for the construction permit processor. Have the Facility ID available when calling.
What can be done to speed up the construction permit process?
There are a few things that can be done to speed up the permitting process, including:
Yes, unless the entire facility is exempt from operation permitting after the project. More information about operation permit exemptions is available on the Air Permit Exemptions page.
The DNR has construction permit application checklists available on the Air Permit and Compliance Forms page. These checklists include the items that should be submitted if the facility is applying for both a construction and operation permit. Note that a single submittal can serve as the application for both permits.
When can a facility commence construction on a project that requires a construction permit?
A facility cannot commence construction until after a construction permit is issued unless the facility has applied for, and DNR has granted, a waiver to commence construction under s. NR 406.03(2), Wis. Adm. Code.
If a waiver to commence construction has been granted, a facility may commence construction on a project immediately after the waiver is granted. However, the facility may not begin operation of any new or modified emissions units until after the construction permit is issued.
Are there any "pre-construction" activities that a facility can undertake prior to construction permit issuance?
Yes. The following activities are not considered to be commencing construction for air permitting purposes, and can be undertaken by a facility prior to issuance of a construction permit:
Other activities of a temporary nature may also potentially be allowed prior to construction permit issuance.
More permanent activities, such as installation of building footings, pouring of building foundations, installation of emissions units and paving of permanent roads and parking areas, are not allowed prior to construction permit issuance.
For questions about whether an activity can be undertaken prior to construction permit issuance, contact Dave Minkey.
How long does a facility have to complete construction of a project under a construction permit?
Typically, a construction permit will authorize an 18-month period to complete construction with the opportunity for a one-time 18-month extension. If a facility expects construction to take longer than this, the facility can request a longer period to complete construction when the facility applies for the construction permit. This request should include an explanation of why the longer time period is necessary.
Note that while the authority to construct under a construction permit expires, the conditions contained within the construction permit are permanent unless changed through issuance of a new construction permit or a construction permit revision or the permit is revoked.
What should a facility do if it was issued a construction permit, but construction will not be completed prior to permit expiration?
Facilities may request a one-time 18-month extension from DNR prior to expiration of the authority to construct under the permit. This can be done by e-mailing a request for extension to DNRAMAIRPERMIT@wisconsin.gov. Be sure to include the facility ID (FID) and permit number of the construction permit that you want to be extended in the request.
Construction permit requirements differ depending on the permittee's potential to emit (PTE) certain pollutants and the air quality where the source is located. For example, a major emission source located in an area where air quality is not attaining an ambient air quality standard may undergo a different permit process than that of a major emission source located in an area where air quality is meeting ambient air quality standards. More information on air quality standards and a map showing attainment and nonattainment areas and their permit requirements is available on the Permitting Requirements for Nonattainment Areas in Wisconsin page. Definitions of major, minor and exempted sources, nonattainment areas and new source review - a process that affects new and modified major pollution sources - are found in the Air Permits Glossary.
A construction permit is not required if the project meets one of the exemptions available in ch. NR 406.04, Wis. Adm. Code. For more information, review the Exemption page.
Construction permit revisions can be used to make changes to construction permits issued under ch. NR 406, Wis. Adm. Code, that are not modifications or are exempt modifications. This commonly includes changes to requirements such as compliance demonstration, monitoring or recordkeeping. More information on construction permit revisions is available here:
Construction Permit Revision FAQ What is the difference between a construction permit and a construction permit revision?
A construction permit revision can be used to make changes to a construction permit to reflect a change at a source that is not a modification or an exempt modification. Some common changes that can typically be made with a construction permit revision include:
The following changes cannot be made in a construction permit revision and instead would require a new construction permit:
The construction permit revision application checklist contains details of how to apply for a construction permit revision.
Can a facility revise a construction permit if the authority to construct under the construction permit has expired?
Yes. While the authority to construct under a construction permit does expire, the conditions in a construction permit are permanent unless changed through a revision of the construction permit or through the issuance of a new construction permit.
Can an operation permit revise conditions contained in a construction permit?
No, operation permits do not have the legal authority to revise conditions contained in a construction permit. Under s. 285.66(1), Wis. Stats., the conditions of a construction permit are permanent unless changed through a revision of the construction permit or through the issuance of a new construction permit.
Can a construction permit revision extend the expiration date for the authorization to construction under a construction permit?
No. The authority to construct under a construction permit can only be extended for up to an additional 18 months as allowed under s. 285.66(1), Wis. Stats. or through the issuance of a new construction permit.
If a facility applies for a revision of a construction permit condition and that condition also appears in the facility's operation permit, does the facility also need to apply for a revision of the operation permit?
Yes. A facility can apply for a revision to the construction permit and the operation permit in the same permit application.
A construction permit waiver can be issued to sources when they can:
When calculating the PTE of a project to demonstrate that a major source permit, or enforceable limitations on PTE to avoid a major source permit, are not required, emission limitations in federal rules such as New Source Performance Standards (40 CFR Part 60) or National Emissions Standards for Hazardous Air Pollutants (40 CFR Part 63) may be taken into account if those rules include specific compliance demonstration, monitoring and recordkeeping requirements. Emission limitations in the Wisconsin Administrative Code (e.g., particulate matter emission limits in ch. NR 415, Wis. Adm. Code, volatile organic compound limitations in ch. NR 424, Wis. Adm. Code) are generally not considered enforceable limitations on PTE until they are incorporated into a permit because compliance demonstration, monitoring and recordkeeping requirements for these limitations are not explicitly specified in the rules. Therefore, these state rules cannot be taken into account when calculating the PTE of an emissions unit.
Undue hardship may result from any of the following:
A complete construction permit application must be on file with the department, or submitted with the waiver request, in order for the department to act upon the waiver request.
All waiver requests should include:
For more information on construction permit waivers and for general questions about construction permits, contact Dave Minkey.
Companies submit applications for construction permits using a set of forms. The construction permit typically allows 18 months to complete construction unless the permit specifies otherwise. The permit may be extended up to another 18 months. A company must complete construction activities within the timeframe allowed under the construction permit. Though the authority to construct expires, all conditions in the construction permit are permanent unless changed through a new construction permit or construction permit revision, and the conditions are included in an operation permit or operation permit revision.
Applications for minor (ch. NR 406, Wis. Adm. Code) and major (ch. NR 405 and/or NR 408, Wis. Adm. Code) construction permits, construction permit revisions and construction permit exemptions each require different information. The application checklists on the Air Permit and Compliance Forms page contain the information that should be included in permit and exemption applications.
After a construction permit application is complete, the DNR will prepare a preliminary decision to approve or deny the permit. A 30-day public comment period follows, and a public hearing may be held if requested. The DNR will respond to any comments received and prepare a final permit decision within 60 days after the close of the comment period or hearing.
If a company has applied for a construction permit and, prior to issuance of that permit, has decided not to move forward with the project, the company should request that the construction permit application be withdrawn. To withdraw the permit application, the responsible official for the facility (i.e., the person legally responsible for the operation of the permitted air pollution source [see s. NR 400.02(136), Wis. Adm. Code]) should submit a written request to DNR by e-mail or letter. This request should be sent to DNRAMAIRPERMIT@wisconsin.gov or Wisconsin Department of Natural Resources, Air Program – AM/7, Attention: Construction Permits, PO Box 7921, Madison WI 53707-7921. Additional applicable permit fees in s. NR 410.03, Wis. Adm Code, may be charged for work that has been completed by DNR on the permit application review.
Fees for construction permits vary depending on the type and level of review needed. The tables below list many of the most commonly applied fees. A complete list of these fees can be found in ch. NR 410, Wis. Adm. Code.
An initial application fee must be submitted with the construction permit application. There are three options for paying the initial application fee. Use Item 14 Section C of Form 4530-100 to indicate a payment option.
Option 1: Enclose a check payable to Wisconsin Department of Natural Resources with the paper copy application.
Option 2: Send a check payable to Wisconsin Department of Natural Resources under separate cover to:
Department of Natural Resources Air Management Program AM/7
Attn: Construction Permit Processor
P.O. Box 7921
Madison, WI 53707-7921
Option 3: E-Payment. To request an invoice and instructions for paying electronically, indicate e-Payment on the Air Pollution Control Permit Application (Item 14 Section C on Form 4530-100). A processing fee of 2.5% is added to payments made by credit or debit card. E-check and ACH payment options are also available.
| Fee Description - Permit Applications and Waivers | Amount |
|---|---|
| Construction permit application | $7,500 |
| Waiver to commence construction under s. NR 406.03(2), if applicable | $300 |
| Application to revise a construction permit | $1,500 |
The $7,500 initial construction permit application fee submitted with the application is credited towards the final bill for the permit. A refund of the difference will be made to the applicant if the total cost of the permit is less than the initial application fee.
Construction permits may have additional fees that are charged based on work needed to complete the permit review. These fees are billed after a final permit decision is made. Please do not submit these fees with an initial application.
| Fee Description | Amount |
|---|---|
| Major source construction (PSD or nonattainment area permit) | $16,000 |
| Major modification | $12,000 |
| Minor modification at major source | $7,500 |
| Expedited review (PSD-under 60 days) | $7,500 |
| Modeling analysis (detailed for a major source) | $4,500 |
| MACT, BACT, LAER (case-by-case analysis) (per unit per pollutant) | $4,500 |
| Expedited review (PSD-under 60 days) | $4,000 |
| Expedited review (non PSD-under 50 days) | $5,000 |
| Minor source construction | $3,000 |
| Emission testing (first air contaminant, plus $1,250 for each additional air contaminant up to a maximum of $6,000) | $2,500 |
| Public hearing requested by the applicant | $1,500 |
| Analysis of multiple basic emission units (per unit, 2 or more units) | $800 |
*Additional fees may apply. For a complete list see Ch. NR 410, Wis. Adm. Code.
Many Wisconsin companies have air pollution control operation permits. With this type of permit, a facility can operate according to the specified permit conditions. An operation permit is issued to cover an entire facility.
There are two types of operation permits: Title V and non-Title V. All Title V permits (major sources) include an expiration date and must be renewed. Since December 2015, non-Title V operation permits issued after this date do not expire and therefore do not include an expiration date, unless otherwise determined by the department. So long as an operation permit has an expiration date on its cover page, it will need to be renewed. Upon renewal, any non-Title V permit (synthetic minor or minor sources) will no longer expire and all conditions in the permit will remain in effect unless revised or revoked. For a permit that requires renewal, the permittee must apply for the renewal at least six months prior to the permit's expiration, but no more than 18 months prior to expiration. To renew an operation permit, go to Air permit renewals.
For application instructions, refer to the following documents.
Facilities with existing operation permits may have reduced their emissions sufficiently to be eligible for streamlined permit options. For more information, review the Registration and Exemptions tabs on this page.
Registration permits allow low emitting facilities to quickly register for an Air permit. The permits contain facility-wide emission caps as well as monitoring, recordkeeping and reporting requirements. All four registration permit types have a 15-day or less required review period by the DNR.
Both the DNR and companies that qualify, benefit from registration permits. The expedited review process saves the DNR time. Facility benefits include:
Rather than annual emission fees charged per ton of emissions, all facilities with registration permits are charged a $400 annual fee. The fee is due at the end of June each year, beginning the year after the facility is covered under the permit.
For more information on qualifying for a registration permit and the benefits and disadvantages of the permits, read the following fact sheets.
For more information on registration permits, including access to final permits, application forms and resources to assist with the application process, visit the Registration Permit Options page.
A general permit is intended for facilities that:
General construction permits and general operation permits were developed for asphalt plants and rock crushing facilities. General operation permits do not expire.
Each general permit has specific eligibility criteria spelled out in the permit application and the source-specific fact sheets:
General permits are standard permits, so if a facility needs source-specific limitations or cannot meet a requirement set in the general permit, they need another type of permit.
Resources created through a partnership between the Air Management Program and the Small Business Environmental Assistance Program (SBEAP) are available to help facilities interested in applying for or that are already covered by a general permit. The following webpages contain copies of links to the general permits, application forms, relocation notification forms, as well as example records and plans that might be needed to comply with the permit.
For more information about general permits, crushers and hot mix asphalt plants, contact the General Permit Coordinator.
Some air emissions sources are exempt from the need to obtain an air permit. The department provides written confirmation of exempt status upon request. Facilities eligible for exemptions must still abide by all other applicable air quality regulations.
The construction permit exemptions in s. NR 406.04, Wis. Adm. Code, are evaluated based on the air emission units associated with a construction project. The operation permit exemptions in s. NR 407.03, Wis. Adm. Code, are evaluated based on the air emission units at the entire facility.
A summary of the available construction permit and operation permit exemptions, and frequently asked questions about these exemptions are on the Air Permit Exemptions page.
