Current through August 26, 2024
(1) Permit
requirement. Except as provided in sub. (2), no person may commence
construction, reconstruction, replacement, relocation or modification of a
stationary source unless the person has a construction permit for the source or
unless the source is exempt from the requirement to obtain a permit under s.
285.60(5),
Stats., or under this chapter.
(1e)
Exclusions. Notwithstanding the definitions of "commence construction" and
"commence modification" in s.
NR 400.02(44) and (45) respectively, for
projects reviewed under this chapter, all of the following activities may be
excluded when determining if construction, reconstruction, replacement,
relocation, or modification has commenced:
(c)
Erecting temporary storage structures.
(d) Dismantling existing equipment or
structures.
(e) Ordering equipment
or control devices.
(f) Temporary
storage of equipment on site.
(g)
Site clearing.
(h) Programs
undertaken to locate underground utilities.
(i) Installation of erosion control measures.
Note: Undertaking any of the activities listed
under s. NR 406.03(1e) does not relieve the applicant from the obligation to
comply with any other applicable regulations or requirements. If the applicant
proceeds with any of the activities prior to receiving a construction permit,
the applicant does so at their own risk and the department is not obligated to
issue the air permit.
(1m) Application and forms.
(a) Applications for construction permits
shall be made on forms supplied by the department for these purposes and
supplemented with other materials as indicated on the forms. The forms may be
supplied by the department in an electronic format, such as on a computer disk,
or on line.
Note: Application forms may be obtained from
Department Regional Headquarters or Service Center offices, or from the
Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box
7921, Madison WI 53707-7921, Attention: Construction permits. The internet web
address is: http://dnr.wi.gov/top-ic/AirPermits/Forms.html.
(b) Application materials, including
construction permit waiver requests, may be submitted on paper or in an
electronic format. The applicant shall submit all forms and other required
materials, as indicated on the forms. When electing to submit materials on
paper, the applicant shall submit the materials to the Wisconsin Department of
Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI
53707-7921, Attention: Construction permits.
(2) Waiver of construction permit
requirements.
(a) A person who is required to
obtain a construction permit under s.
285.60,
Stats., may request a waiver from the department in order to commence
construction, reconstruction, replacement, relocation or modification of an air
pollution source prior to the department issuing a construction permit to the
source under this chapter. A waiver request shall be made in writing and shall
include an explanation of the circumstances that justify the request and when
those circumstances arose or may be anticipated to arise. The waiver request
shall be signed by a responsible official for the facility.
(b) The department may grant a waiver
provided that all of the following conditions are satisfied:
1. The person has submitted a complete
construction permit application for the source to the department.
2. The person has submitted a complete waiver
request to the department which demonstrates that undue hardship will be caused
if a waiver is not granted. Undue hardship may result from any of the
following:
a. Adverse weather
conditions.
b. Catastrophic damage
of existing equipment.
c. A
substantial economic or financial hardship.
d. Other unique conditions.
3. The person has paid the waiver
review fee required under s.
NR 410.03(1)
(bm).
(c) The department shall act on the waiver
request within 15 days of receipt of a complete request and respond to the
applicant either approving or denying that request.
(d) The source may commence construction,
reconstruction, replacement, relocation or modification when a waiver is
granted.
Note: A waiver does not relieve the applicant
from the obligation to comply with any other applicable regulations or
requirements. If the applicant proceeds with construction after a waiver is
granted, they do so at the applicant's own risk. Granting the waiver does not
obligate the department to approve the air permit application for the
source.
(e) The source
referenced in par. (b) 1. may not be initially operated until a construction
permit is issued.
(f) The
department may not grant a waiver for a source that requires a permit under ch.
NR 405 or 408 or requires a permit to establish enforceable limitations on
potential to emit to avoid permit requirements of ch. NR 405 or 408.
(g) The department may not grant a waiver for
a source located or to be located within 10 kilometers of a Class I area under
this subsection.
(h) The department
may rescind a waiver granted under this subsection if the owner or operator
does not diligently respond to department inquiries on the construction permit
application or if the department preliminarily determines that the source will
not meet the criteria for permit approval under s.
285.63(1),
Stats.
The address of the Madison headquarters is: Wisconsin
Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison
WI 53707, Attention: Permit Application
Forms
