Construction Permits

A construction permit allows a company to construct, modify, expand or replace an air pollution source. A construction permit also allows a company to operate the source for an initial trial period. This trial period is used to test equipment and demonstrate compliance with permit conditions. The source may be entirely new or part of an existing facility. Administrative code requirements for construction permits are found in chapter NR 406.

Application Process

Companies currently submit applications for construction and operation at the same time, using the same set of forms. The construction permit typically expires after 18 months and can be extended up to another 18 months unless the permit specifies otherwise.

Minor and Major Sources

Construction permits have different requirements depending on the permittee's potential to emit certain pollutants, and the air quality where the new source is located. A major emission source in an area of poor air quality, for example, will probably undergo a more detailed permit process than a minor source in an area of good air quality. Explanations of major, minor and exempted sources, "non-attainment" areas and New Source Review (a process that affects new and modified major pollution sources) are found in the DNR Air Permit Glossary.

Timing

After a construction permit application is complete, the DNR will prepare a preliminary decision to approve or deny the permit. A 30-day public comment period follows, and a public hearing may be scheduled afterward. The DNR has 60 days after the close of the comment period or hearing to issue or deny a construction permit.

Fees

Fees for construction permit vary depending on the type and level of review needed. The table below lists many of the most commonly applied fees (effective January 1, 2011):

A complete list of these fees can be found in chapter NR 410 of the Wisconsin Administrative Code.

An initial application fee of $7,500 must be submitted with any application for a construction permit. The total amount of this fee is credited towards the final cost of 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.

DNR Work Progress

The DNR issued over 100 construction permits in 2010. Average processing time from the receipt of a complete application to final permit decision was 88 days with over 80% of these decisions made in less than 60 days.