Construction Permits
A construction permit allows a company to construct, modify, expand or replace an air emissions 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. In most instances, a facility cannot begin construction without a construction permit. Beyond a construction permit, a facility will need an operation permit as well.
Construction Permit Waiver
A construction permit waiver can be issued to certain sources in situations where they can demonstrate undue hardship if the waiver is not granted. Undo hardship may result from any of the following:
- Adverse weather conditions
- Catastrophic damage of existing equipment
- A substantial economic or financial hardship that may preclude the project
- Other unique conditions on a case-by-case basis
The waiver request should detail the situation necessitating the request. There is a $300 non-refundable fee required with the waiver request. A complete construction permit application must also be on file with the Department.
For more information on construction permit waivers, contact Joe Brehm at 608/267-7541. If you have general questions about construction permits, contact your local DNR office.
Application Process
Companies currently submit applications for construction and operation permits at the same time, using the same set of forms (two copies are required). The construction permit typically expires after 18 months and can be extended up to another 18 months unless the permit specifies otherwise.
Major and Minor 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. For example, a major emission source in an area of poor air quality 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 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
There is a fee for processing a construction permit. For information on fees, please contact Steve Dunn at 608.267.0566 or Joe Brehm at 608.267.7541.
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