Operation Permits

An operation permit allows a company to operate a pollution source. The operation permit typically covers all polluting equipment and activities within a facility. When a company makes a change by constructing, modifying, replacing or reconstructing an air pollution source, its operation permit conditions may change. The company may also need a construction permit before such changes are undertaken.

Application Process

New Pollution Sources

Companies undergoing construction or modification currently submit applications for construction and operation at the same time, using the same set of forms. Initial operation of the source begins under the terms of the construction permit. During the initial operation period, the permittee carries out the testing, monitoring and compliance certification provisions of the construction permit. Results are promptly submitted to the DNR, thereby completing the operation permit application. The permittee is then automatically covered under an application shield until the operation permit is issued.

Existing Pollution Sources

Federal and state laws require most existing pollution sources to have an operation permit. In Wisconsin, existing facilities usually have a facility-wide operation permit to consolidate all operation permit requirements. Additional or modified pollution sources at these facilities are permitted through a revision to the facility-wide permit.

Minor and Major Sources

Operation permits are generally divided into two categories: major source permits and major source permits. Major source permits are issued to sources that have the potential to emit pollutants above certain levels. Minor source permits are issued to sources that do not have the potential to emit above major source levels. Major source operation permits (and some minor source operation permits) are sometimes called Title V (five) or Part 70 permits in reference to portions of the Federal Clean Air Act and U.S. Code that regulate these sources.

Other operation permits

Synthetic minor operation permits (also called Federally Enforceable State Operating Permits) apply to those sources that might normally be considered major sources but take documented, federally enforceable actions to reduce their potential emissions below major source levels.

General operation permits are available only to sources in certain categories such as rock crushers or small heating units. These permits apply to either a whole facility or a process line and contain the same types of limitations and conditions as other permits. Each company that receives a general operation permit is subject to identical permit terms and conditions. The application and review process is substantially simplified based on what the DNR knows about the source category.

Registration operation permits (ROP) 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. Registration permits use an On-Line Application and Tracking System that ensures a review time of no more than 15 days on all applications received by the DNR.

There are two types of registration permits.

• Type A Registration Permit - available for qualifying facilities that have emissions below 25 tons per year of each criteria pollutant, 2.5 tons per year of each federal hazardous air pollutant, 6.25 tons per year of all federal hazardous air pollutants combined, and 0.5 tons per year lead.
• Type C Registration Permit - available only for qualified printing facilities that have emissions below 25 tons per year VOC, 5 tons per year of each federal hazardous air pollutant, 12.5 tons per year of all federal hazardous air pollutants combined, and 0.5 tons per year lead. It contains permit conditions specific to the printing industry.

Timing

Once the operation permit application is complete, the company will be protected under an application shield until the operation permit is issued.

Fees

There is no application fee for an operation permit, but companies required to have an operation permit are sometimes subject to annual emissions fees. These fees are only applicable if actual emissions are greater than certain thresholds in a given calendar year. Annual emissions fees in 2002 ranged from $179 to $473,726, with an average of $7,650.

DNR Work Progress

The DNR received about 1,300 operation permit applications between May 1994 and October 1995, after federal rule changes required all major and some minor pollution sources to obtain new operation permits. The DNR has processed all of these applications. The DNR continues to work with stakeholders and other states to improve permitting efficiency.

Source-specific Permits